DSAC-LDR Backup Documents 10/17/2023Food Truck Park &
Mobile Food Dispensing
Vehicles
10-17-23
Land Development Code
Amendment
PL-20220006373
Overview -History
In October 2021, the Board of Zoning Appeals (BZA) prohibited mobile food truck
applications that are permanently located with other entertainment activities such as a bar,
dance pavilion, music and outdoor seating.
BZA directed staff to bring back LDC amendment to allow for the conditional use of
multiple food trucks within base zoning districts on a specific parcel of land.
Use should not require a zoning verification letter (ZVL) of approval by the Board or
comparable use determination (CUD).
Expressed concerns and their affect upon neighboring properties were noise, glare, odor,
traffic and buffer setback requirements.
Staff would identify and evaluate similar characteristics the use would have to other
permitted uses in the base zoning district such as: hours of operation, traffic volume,
number, and types of parking spaces, and other best practice activities.
MFDV Statutory Regulations-Chapter 509
Lodging and Food Service Establishments
Pursuant to F.S.509.102 –Mobile food dispensing vehicles: preemption.
Subsection (1), a “Mobile Food Dispensing Vehicle (MFDV)” is defined as “ … any
vehicle that is a public service establishment and that is self -propelled or otherwise
movable from place to place and includes self -contained utilities, including, but
not limited to, gas, water, electricity, or liquid waste disposal.”
Subsection (2), the regulations for licensing, registrations, permits, and fees are
pre-empted to the state and local governments may not prohibit MFDVs from
operating within the entirety of the County’s or other local governmental
jurisdiction.
Subsection (3), The statute may not be construed to affect a local governmental
jurisdiction’s authority to regulate the operation of MFDVs other than the
regulations in subsection (2).
Food Products Statutory Regulations and
Procedure-Chapter 500
Pursuant to F.S. 500.12 Food permits, subsection (1) (b), food establishments and
retail food stores must apply for and receive a food permit.
MFDVs require a “Mobile Food Permit ” for a Mobile Food Establishment .
BY F.A.C. Chapter 5K-4.0010 (8) Definitions, “Mobile Food Establishments are Food
Establishments that are self -propelled or otherwise moveable from place to place such
as a truck, trailer, or similar self -propelled conveyance or non -permanent kiosk or table
where pre-package food products are sold.”
The Florida Department of Agriculture and Consumer Services (FDACS) issues the
“Mobile Food Permit” before operations can begin for a food establishment and a
separate permit if the Mobile Food Establishment is not operating in conjunction with
a Permitted Food Establishment.
The Florida Department of Business and Professional Regulations(DBPR) licenses and
regulates all businesses and professionals. By the Division of Hotels and Restaurants,
licenses are issued for all types of public food service establishments (PFSE), in
particular , a MFDV license.
Staff Research-Other Communities
Findings of common code standards:
Reviewed 20 Florida Communities of which 5 were Counties and 5
Other States: Texas, California, North Carolina, Arkansas and Oregon.
Definitions and type of zoning districts (either by right, special
exception or conditional use approval). Typically Commercial, Business,
and/or Industrial zoning districts. (FTP)
Minimum parcel or lot area, number of MFDVs, parking spaces on
private property, generator noise and odor, stabilized surfaces.
Minimum or maximum number of MFDVs allowed within FTP.
Setbacks: base zoning district, property lines, residential uses or
dwelling unit, fire hydrants, schools, streets, other MFDVs.
Access to restrooms and outdoor seating.
Staff Research Continued
Temporary, semi-permanent, and permanent placement (stationary).
(MFDV)
Time period and duration of hours to operations: Limitation to transient
sales hours and number of days per week and/or calendar year. (MFDV)
MFDVs that exceed placement by a temporary use permit for a period
greater than 28 days in a calendar year is considered a permanent use.
Daily removal of MFDV off-site, unless self sufficient MFDV or have on -site
access to hook up to utilities and a sanitary waste facility.
No alcohol sales, drive through sales, restriction on amplified sound and
outdoor entertainment with an exception for a special event. (MFDV)
Parking requirements, signs and lighting. (FTP)
LDC Amendment Proposal
Allow for the placement, operation, and permitting of each MFDV as an
accessory use and permanently located in a Food Truck Park (FTP).
MFDVs would become a permitted use in a Food Truck Park and a
conditional use when associated with the sale of alcohol or amplified
sound that provides outdoor entertainment in these zoning districts;
➢C-3, C-4, C-5 Commercial, BP-Business Parks, I-Industrial, and P-Public
Use.
➢PUD zoning districts: Community Facilities, Commercial, Industrial, and
Mixed-Use.
Definitions-MFDVs per Florida Statues and a Food Truck Park .
Clarify the temporary, semi-permanent, permanent and accessory use of
MFDVs.
LDC Amendment-Continued
Limit an operating generator’s location to no closer than 20 feet from a property line unless
there is an intervening 6-foot-tall wall.
Require trash receptacle and access to restrooms for the operator and patrons of a MFDV.
Confirm MFDVs can operate on temporary basis for no longer than 28 days within a calendar
year. (ie., special event, temporary use permit).
Exempts MFDVs that are transient in nature that do not stop for more than four hours at a
location and limits the MFDV operating hours to the principal use’s business hours.
Prohibitions:
➢Placement on vacant or unimproved lots (except for FTP), within required setbacks or
parking spaces, open space, preserves, landscape buffers, conservation or drainage
easement, public or private road ROWs or access easements.
➢Operate in a manner to block accessways, walkways, driveways, loading zones, or interfere
with vehicular or pedestrian circulation.
➢Alcohol sales and amplified sound, unless approved for a special event or temporary use.
FDBPR-Division of Alcohol Beverages and Tobacco may issue, up to 3 days, a license for
consumption on premises.
➢Operating longer than hours of operation of the primary business location unless approved
for a permanent location or special event.
LDC Amendment-Continued
Food Truck Park Design Standards
Requires SDP approval and permanent stabilized pads.
Based on staff’s analysis of other communities and previously approved SDP,
SIP, or SIPIs, a density standard of at 5 pads per acre. Each pad shall provide
an electrical hookup, water and sewer connections, and connection to
propane (above or below ground).
If central propane tank is proposed than it shall be buried underground.
Parking spaces-three per MFDV, one per 4 outdoor seats and two bicycle
parking for each MFDV pad.
Light fixtures shall be directed away form neighboring properties or shielded.
No nuisance lighting, such as flashing or strobing lights.
FOR PL20220006373, STAFF SEEKS DSAC-LDR’S
RECOMMENDATION OF APPROVAL OR APPROVAL WITH
CONDITIONS.
Recommendation
Questions or Comments ?
Other Communities Density
5 pads per acre are based upon an analysis of other communities :
➢Gainesville: 2 MFDVs per 0.5 acre, up to 4 per 1 acre, 6 pads or less by right in Non -Residential
District. Greater than 6 pads requires special use permit.
➢Sarasota County: No more than 2 on any parcel unless part of Special Event or Temporary Use
Permit.
➢Miami-Dade, FL : 1 Stationary Mobile Operation (SMO) per 10,000 sf. of net lot area and an
additional SMO for each 50,000 s.f.of net lot area. Maximum of 3 SMOs per site.
Maximum 2 per 1.38 acres .
➢Palm Beach County: Green Market-Requires minimum one acre with exception of lots in
WCRAO` where minimum of 0.5 acre is required.
➢Jacksonville Beach: Maximum of 1 mobile vendor on lots containing 6,000 to 43,559 s.f.of area
and 2 when greater than 43,559 s.f.of area. Max. 2 per acre.
➢Raleigh, NC : Density 2 < 0.5 acre, 3 from .5 to 1 acre, and Max. of 4 on 2 acres.
➢Brownsville, Tx: Max. of 3 per 0.5 acre, not including parking and common areas..
➢West Hartford, Conn : Max. of up to 5 for FTP.
Approved MFDV Permits
State Departments’ Shared Responsibilities for
Mobile Food Truck Applications and Licenses
A) Department of Business and Professional Regulations (DBPR)
Licenses and regulates all businesses and professionals.
❖Division of Hotels and Restaurants-Licenses, inspects and regulates public food service
establishments.
By the end of FY 2021-22, the Division issued, within 7 Regulatory Districts, 60,314 statewide
Public Food Service Establishment (PFSE) licenses which are classified by type as follows:
➢Seating (SEAT-44,637) or Permanent Non -Seating (NOST-5,883) Sole take -out or delivery,
Caterer (CATR -1,311), Mobile Food Dispensing Vehicles (MFDV-7,302), Hot Dog Carts
(HTDG-549),Theme Park Food Carts (PARK-22), Vending Machine (VEND-610) and
Culinary Education Programs (SEAT/NOST).
➢File an Application for Food Service and Mobile Food Dispensing Vehicle License with or
without a Plan Review: MFDV, Self -sufficient MFDV, Hot Dog Carts (HTDG). (Forms: HR -
7006 MFDV Plan Review, HR-7002 Commissary Notification, HR-7007 PFSE License or HR-
7031 MFDV License with Plan Review) Note: No plan review is required if operator buys
already licensed vehicle and no changes or remodel have been made .
Continued
Self-sufficient vs. Non -self sufficient MFDVs
➢A self-sufficient MFDV contains the following equipment: Three -compartment sink,
separate hand wash sink, adequate refrigeration and dry storage, power (LP -gas,
generator, etc.), hot water heater, potable water and wastewater holding tanks.
➢If not fully equipped as listed above, the MFDV requires a support site called a
Commissary.
➢Non-self sufficient MFDVs report to its Commissary every day that it is operated.
Commissary Notification Form DBPR -7022.
❖Division of Alcohol Beverages and Tobacco (DBPR ABT)
➢For consumption on premises only or package sale only of alcoholic beverages, ABT issues a
Temporary Permit or Special Event Sales License for up to 3 days, for the consumption on
premises only or package sale only of alcoholic beverages. Civic or charitable organizations,
municipality or county may be issued up to 12 temporary permits per calendar year, except
counties or cities with special acts that govern the number of permits allowed annually. Form
DBPR ABT -6003.
➢For changes made to a licensed premises whether the extension is permanent or temporary,
the applicant files Form DBPR ABR -6029.
Continued
B)Department of Agriculture and Consumer Affairs (FDACS)
Conducts an inspection on grocery stores,food processing plants,food storage,
and distribution points.License and inspects pre -packaged food sales,among
others.
Division of Food Safety
➢MFDV Commissary Letter of Agreement (Form FDACS -1423) and
Time/Temperature Control for Safety Food (TCS).
➢Cottage Food Product Operations (no licensee or permit required).
Prohibited from sales under a licensed vendor as a mobile unit, at a
farmer’s market or another temporary event.
➢MFDV require an annual food permit.
Continued
C)Department of Health (DOH)
Addresses temporary food events, mobile food units, and vending machines that operate
at or through food service establishments.
Application for Temporary Food Service Event (TFSE) License (Carnival, Fair, Alethic
Contest, or other Celebrations). Form DH 8004 -DCHP
Limited to 18 days duration or less.
(Note: Food Service Establishments (fixed or mobile), operating under current license
may operate 1 free unit at an event temporarily for up to 3 days without purchasing a
TFSE license).
Application for Food Service Establishment Plan Review-(Mobile Food Unit, and/or
Bar/Lounge). Form DH 8003-DCHP (new or remodel)
Mobile Food Establishments (MFE) that operate on institutional property that is licensed
and regulated as food service establishment by DOH , includes schools, universities,
nursing homes, etc.
Recommendation
For PL20220006373, staff seeks DSAC -LDR’s recommendation of
approval or approval with conditions.
Questions or Comments ?
From: Berkey, Kathleen "Katie" <KBerkey@beckerlawyers.com>
Sent: Tuesday, October 17, 2023 9:18 AM
To: Marissa Fewell
Cc: Albuernes, Milena
Subject: RE: PL20230013966 - Comments
Attachments: (Redline) WCF LDCA (09-27-2023) ALL revisions clean (002).docx; (Redline)
WCF LDCA (09-27-2023) ALL revisions clean (002).pdf
EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use
extreme caution when opening attachments or clicking links.
Hi Marissa,
Please see attached in PDF and Word format. If you have any trouble viewing the proposed
redlines or have any questions, please let us know.
Katie
Kathleen "Katie" O. Berkey, AICP
Shareholder and Certified Land Planner
Board Certified Attorney, City, County, and Local Government Law
Becker & Poliakoff
Six Mile Corporate Park
12140 Carissa Commerce Court
Suite 200
Ft. Myers, FL 33966
239.628.4919
239.433.5933
KBerkey@beckerlawyers.com
www.beckerlawyers.com
Exhibit A - Public Email
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communication is strictly prohibited. If you have received this communication in error, please notify us by reply e-mail and permanently
delete the original message, along with any attachments. Thank you.
From: Marissa Fewell <Marissa.Fewell@colliercountyfl.gov>
Sent: Tuesday, October 17, 2023 8:25 AM
To: Berkey, Kathleen "Katie" <KBerkey@beckerlawyers.com>
Cc: Albuernes, Milena <MAlbuernes@beckerlawyers.com>
Subject: RE: PL20230013966 - Comments
EXTERNAL EMAIL - This message originated from an External Source.
Hi Katie-
I’m not seeing redlines in the document that was attached.
Thank you,
Marissa Fewell
Planner III - Zoning Division
2800 Horseshoe Drive North, Naples, Florida 34104
Phone: 239.252.2962
Fax: 239.252.6503
Tell us how we are doing by taking our Zoning Division Survey at http://bit.ly/CollierZoning
Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released
in response to a public records request, do not send electronic mail to this entity. Instead, contact this
office by telephone or in writing.
From: Berkey, Kathleen "Katie" <KBerkey@beckerlawyers.com>
Sent: Monday, October 16, 2023 8:49 PM
To: Marissa Fewell <Marissa.Fewell@colliercountyfl.gov>
Cc: Albuernes, Milena <MAlbuernes@beckerlawyers.com>
Subject: Re: PL20230013966 - Comments
Exhibit A - Public Email
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extreme caution when opening attachments or clicking links.
Hi Marissa,
Thanks for the return call this afternoon. Attached please find some additional suggested redlines and
margin comments from SBA as to the revised communications tower ordinance being reviewed by the.
DSAC Subcommittee tomorrow. Thank you to staff or incorporating some of SBA's prior edits already
and we appreciate their willingness to engage in ongoing discussions.
Best regards,
Katie
Kathleen "Katie" O. Berkey, AICP
Shareholder and Certified Land Planner
Board Certified Attorney, City, County, and Local Government Law
Becker & Poliakoff
Six Mile Corporate Park
12140 Carissa Commerce Court
Suite 200
Ft. Myers, FL 33966
239.628.4919
239.433.5933
KBerkey@beckerlawyers.com
www.beckerlawyers.com
Follow Becker on...
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of this message is not the intended recipient, you are hereby notified that any examination, distribution, or copying of this
communication is strictly prohibited. If you have received this communication in error, please notify us by reply e-mail and permanently
delete the original message, along with any attachments. Thank you.
Exhibit A - Public Email
From: Marissa Fewell <Marissa.Fewell@colliercountyfl.gov>
Sent: Wednesday, October 4, 2023 4:25:27 PM
To: Berkey, Kathleen "Katie" <KBerkey@beckerlawyers.com>
Cc: Albuernes, Milena <MAlbuernes@beckerlawyers.com>
Subject: RE: PL20230013966 - Comments
EXTERNAL EMAIL - This message originated from an External Source.
Hi Katie-
The second staff review is expected to be complete by October 12th but comments are welcomed at any
time.
Thank you,
Marissa Fewell
Planner III - Zoning Division
2800 Horseshoe Drive North, Naples, Florida 34104
Phone: 239.252.2962
Fax: 239.252.6503
Tell us how we are doing by taking our Zoning Division Survey at http://bit.ly/CollierZoning
Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released
in response to a public records request, do not send electronic mail to this entity. Instead, contact this
office by telephone or in writing.
From: Berkey, Kathleen "Katie" <KBerkey@beckerlawyers.com>
Sent: Wednesday, October 4, 2023 4:07 PM
To: Marissa Fewell <Marissa.Fewell@colliercountyfl.gov>
Cc: Albuernes, Milena <MAlbuernes@beckerlawyers.com>
Subject: RE: PL20230013966 - Comments
EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use
extreme caution when opening attachments or clicking links.
Thank you, Marissa. Is there a date by which comments on the latest draft would be welcomed?
Exhibit A - Public Email
Kathleen "Katie" O. Berkey, AICP
Shareholder and Certified Land Planner
Board Certified Attorney, City, County, and Local Government Law
Becker & Poliakoff
Six Mile Corporate Park
12140 Carissa Commerce Court
Suite 200
Ft. Myers, FL 33966
239.628.4919
239.433.5933
KBerkey@beckerlawyers.com
www.beckerlawyers.com
Follow Becker on...
Confidentiality Note: This message, together with any attachments, may contain privileged and confidential information. If the reader
of this message is not the intended recipient, you are hereby notified that any examination, distribution, or copying of this
communication is strictly prohibited. If you have received this communication in error, please notify us by reply e-mail and permanently
delete the original message, along with any attachments. Thank you.
From: Marissa Fewell <Marissa.Fewell@colliercountyfl.gov>
Sent: Wednesday, October 4, 2023 11:25 AM
To: Berkey, Kathleen "Katie" <KBerkey@beckerlawyers.com>
Cc: Albuernes, Milena <MAlbuernes@beckerlawyers.com>
Subject: RE: PL20230013966 - Comments
EXTERNAL EMAIL - This message originated from an External Source.
Hi Katie-
Attached is the revised draft as a Word document.
Exhibit A - Public Email
Thanks!
Marissa Fewell
Planner III - Zoning Division
2800 Horseshoe Drive North, Naples, Florida 34104
Phone: 239.252.2962
Fax: 239.252.6503
Tell us how we are doing by taking our Zoning Division Survey at http://bit.ly/CollierZoning
Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released
in response to a public records request, do not send electronic mail to this entity. Instead, contact this
office by telephone or in writing.
From: Berkey, Kathleen "Katie" <KBerkey@beckerlawyers.com>
Sent: Wednesday, October 4, 2023 9:06 AM
To: Marissa Fewell <Marissa.Fewell@colliercountyfl.gov>
Cc: Albuernes, Milena <MAlbuernes@beckerlawyers.com>
Subject: Re: PL20230013966 - Comments
EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use
extreme caution when opening attachments or clicking links.
Thank you, Marissa! May I please have a copy of the latest draft in Word format?
Kathleen "Katie" O. Berkey, AICP
Shareholder and Certified Land Planner
Board Certified Attorney, City, County, and Local Government Law
Becker & Poliakoff
Six Mile Corporate Park
12140 Carissa Commerce Court
Suite 200
Ft. Myers, FL 33966
239.628.4919
239.433.5933
KBerkey@beckerlawyers.com
Exhibit A - Public Email
www.beckerlawyers.com
Follow Becker on...
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of this message is not the intended recipient, you are hereby notified that any examination, distribution, or copying of this
communication is strictly prohibited. If you have received this communication in error, please notify us by reply e-mail and permanently
delete the original message, along with any attachments. Thank you.
From: Marissa Fewell <Marissa.Fewell@colliercountyfl.gov>
Sent: Tuesday, October 3, 2023 3:33:50 PM
To: Berkey, Kathleen "Katie" <KBerkey@beckerlawyers.com>
Cc: Albuernes, Milena <MAlbuernes@beckerlawyers.com>
Subject: RE: PL20230013966 - Comments
EXTERNAL EMAIL - This message originated from an External Source.
Hi Katie-
Thank you, I hope you had a nice weekend as well!
The draft is currently going through a second staff review. Linked below is the updated version based on
comments received from staff in their first review:
https://www.colliercountyfl.gov/home/showpublisheddocument/104815/638314972193570000
Thank you,
Marissa Fewell
Planner III - Zoning Division
2800 Horseshoe Drive North, Naples, Florida 34104
Phone: 239.252.2962
Fax: 239.252.6503
Tell us how we are doing by taking our Zoning Division Survey at http://bit.ly/CollierZoning
Exhibit A - Public Email
Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released
in response to a public records request, do not send electronic mail to this entity. Instead, contact this
office by telephone or in writing.
From: Berkey, Kathleen "Katie" <KBerkey@beckerlawyers.com>
Sent: Friday, September 29, 2023 5:48 PM
To: Marissa Fewell <Marissa.Fewell@colliercountyfl.gov>
Cc: Albuernes, Milena <MAlbuernes@beckerlawyers.com>
Subject: RE: PL20230013966 - Comments
EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use
extreme caution when opening attachments or clicking links.
Hi Marissa,
Happy Friday! Any updates as to the updated draft?
Thank you and have a great weekend,
Katie
Kathleen "Katie" O. Berkey, AICP
Shareholder and Certified Land Planner
Board Certified Attorney, City, County, and Local Government Law
Becker & Poliakoff
Six Mile Corporate Park
12140 Carissa Commerce Court
Suite 200
Ft. Myers, FL 33966
239.628.4919
239.433.5933
KBerkey@beckerlawyers.com
www.beckerlawyers.com
Exhibit A - Public Email
Follow Becker on...
Confidentiality Note: This message, together with any attachments, may contain privileged and confidential information. If the reader
of this message is not the intended recipient, you are hereby notified that any examination, distribution, or copying of this
communication is strictly prohibited. If you have received this communication in error, please notify us by reply e-mail and permanently
delete the original message, along with any attachments. Thank you.
From: Marissa Fewell <Marissa.Fewell@colliercountyfl.gov>
Sent: Monday, September 11, 2023 10:39 AM
To: Berkey, Kathleen "Katie" <KBerkey@beckerlawyers.com>
Cc: Albuernes, Milena <MAlbuernes@beckerlawyers.com>
Subject: RE: PL20230013966 - Comments
EXTERNAL EMAIL - This message originated from an External Source.
Hi Katie-
Yes, comment has been received. We are starting to work through all of the comments received; I will
let you know when the updated draft is complete. I’m not exactly sure on timing at this point but would
guess it is a few weeks out.
Thanks!
Marissa Fewell
Planner II - Zoning Division
2800 Horseshoe Drive North, Naples, Florida 34104
Phone: 239.252.2962
Fax: 239.252.6503
Tell us how we are doing by taking our Zoning Division Survey at http://bit.ly/CollierZoning
Exhibit A - Public Email
Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released
in response to a public records request, do not send electronic mail to this entity. Instead, contact this
office by telephone or in writing.
From: Berkey, Kathleen "Katie" <KBerkey@beckerlawyers.com>
Sent: Monday, September 11, 2023 10:34 AM
To: Marissa Fewell <Marissa.Fewell@colliercountyfl.gov>
Cc: Albuernes, Milena <MAlbuernes@beckerlawyers.com>
Subject: RE: PL20230013966 - Comments
EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use
extreme caution when opening attachments or clicking links.
Good morning Marissa,
Has this request been received?
Thank you,
Katie
Kathleen "Katie" O. Berkey, AICP
Shareholder and Certified Land Planner
Board Certified Attorney, City, County, and Local Government Law
Becker & Poliakoff
Six Mile Corporate Park
12140 Carissa Commerce Court
Suite 200
Ft. Myers, FL 33966
239.628.4919
239.433.5933
KBerkey@beckerlawyers.com
www.beckerlawyers.com
Exhibit A - Public Email
Follow Becker on...
Confidentiality Note: This message, together with any attachments, may contain privileged and confidential information. If the reader
of this message is not the intended recipient, you are hereby notified that any examination, distribution, or copying of this
communication is strictly prohibited. If you have received this communication in error, please notify us by reply e-mail and permanently
delete the original message, along with any attachments. Thank you.
From: Berkey, Kathleen "Katie" <KBerkey@beckerlawyers.com>
Sent: Thursday, August 31, 2023 4:42 PM
To: FewellMarissa <Marissa.Fewell@colliercountyfl.gov>
Cc: Albuernes, Milena <MAlbuernes@beckerlawyers.com>
Subject: PL20230013966 - Comments
Good afternoon Marissa,
Please accept this as an additional comment on the working draft from SBA. We recommend
staff consider including language from the Section 6409 of the Spectrum Act of 2012 related to
colocations by right.
Suggested language:
“Any request to collocate, replace, or remove transmission equipment at an existing
wireless tower or base station submitted with a written request for a Section 6409(a)
approval under the Spectrum Act of 2012 shall be subject to administrative approval,
conditional use approval, or denial without prejudice pursuant to the standards and
procedures contained in Section 6409(a).”
Thank you,
Katie Berkey
Kathleen "Katie" O. Berkey, AICP
Exhibit A - Public Email
Shareholder and Certified Land Planner
Board Certified Attorney, City, County, and Local Government Law
Ft. Myers
Ext: 54919 (239.628.4919)
Exhibit A - Public Email
C:\USERS\KBERKEY\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\IJV2SHNP\(REDLINE) WCF LDCA (09-27-2023) ALL REVISIONS CLEAN
(002).DOCX 1
Deleted: G:\LDC AMENDMENTS\CURRENT
WORK\TELECOMMUNICATION TOWER UPDATE
(PL20230013966)\DRAFTS\CITYVIEW\WCF LDCA
(09-27-2023) ALL REVISIONS CLEAN.DOCX
LAND DEVELOPMENT CODE AMENDMENT
PETITION
PL20230013966
SUMMARY OF AMENDMENT
This amendment introduces comprehensive updates to the current
provisions in the Land Development Code (LDC) related to
telecommunication towers. LDC amendments are reviewed by the Board,
Collier County Planning Commission (CCPC), Development Services
Advisory Committee (DSAC), and the Land Development Review
Subcommittee of the DSAC (DSAC-LDR).
ORIGIN
Board of County
Commissioners (Board)
HEARING DATES LDC SECTION TO BE AMENDED
Board TBD 1.08.02
2.01.03
2.03.01
2.03.02
2.03.03
2.03.04
2.03.05
2.03.06
2.03.07
2.03.08
2.03.09
4.02.01
4.02.14
4.06.05
4.08.06
5.05.09
Definitions
Essential Services
Agricultural Districts
Residential Zoning Districts
Commercial Zoning Districts
Industrial Zoning Districts
Civic and Institutional Zoning Districts
Planned Unit Development Districts
Overlay Zoning Districts
Rural Fringe Zoning Districts
Open Space Zoning Districts
Dimensional Standards for Principal Uses in Base Zoning
Districts
Design Standards for Development in the ST and ACSC-ST
Districts
General Landscaping Requirements
SSA Designation
Communications Towers
CCPC TBD
DSAC TBD
DSAC-LDR TBD
ADVISORY BOARD RECOMMENDATIONS
DSAC-LDR
TBD
DSAC
TBD
CCPC
TBD
BACKGROUND
On October 14, 1992, the Board adopted Ordinance No. 92-73 which included the first regulations for
communications towers in the County. On January 24, 2023, the Board directed staff to develop Amendments to
the current LDC regulations for Communication Towers to promote a stronger wireless communication network
throughout the County. Staff reviewed current statewide best practices, engaged with industry experts, and
determined that the current provisions in the LDC for Communication Towers are outdated with modern day
industry practices.
Wireless communication facilities are considered essential services. This LDC amendment modernizes the
language and simplifies the application and review processes in an effort to allow for a stronger wireless
communication network throughout the County. Substantive changes include but are not limited to the following:
renaming “communication towers” to “wireless communication facilities” to include facilities that are not towers;
Exhibit A - Public Email
C:\USERS\KBERKEY\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\IJV2SHNP\(REDLINE) WCF LDCA (09-27-2023) ALL REVISIONS CLEAN
(002).DOCX 2
Deleted: G:\LDC AMENDMENTS\CURRENT
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(09-27-2023) ALL REVISIONS CLEAN.DOCX
providing definitions and establishing regulations for the various wireless communication facility types; updating
permitted use and conditional use lists for Zoning Districts to allow for new wireless communication facilities;
removal of shared tower requirements to instead encourage co-location by allowing increased heights; and
reorganizing the section to allow for easier interpretation of the regulations. Corresponding cross-references are
also added to various LDC sections to maintain consistency.
FISCAL & OPERATIONAL IMPACTS
There are no anticipated fiscal or operational
impacts to the County associated with this
amendment. The amendment may have fiscal
impacts on property owners who will now be
eligible to apply for approval of a wireless
communication facility.
GMP CONSISTENCY
To be provided by Comprehensive Planning Staff after
first review.
EXHIBITS: None.
Exhibit A - Public Email
C:\USERS\KBERKEY\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\IJV2SHNP\(REDLINE) WCF LDCA (09-27-2023) ALL REVISIONS
CLEAN (002).DOCX 3
Deleted: G:\LDC AMENDMENTS\CURRENT
WORK\TELECOMMUNICATION TOWER UPDATE
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(09-27-2023) ALL REVISIONS CLEAN.DOCX
Amend the LDC as follows:
1
1.08.02 – Definitions 2
3
Monopole communications tower: A commercial vertical single tubular self-supporting 4
tower for nonparabolic antennas with small effective radii. 5
6
Wireless communication facilities: See all related definitions in LDC section 5.05.09. 7
8
* * * * * * * * * * * * * 9
# # # # # # # # # # # # # 10
11
2.01.03 - Essential Services 12
13
* * * * * * * * * * * * * 14
15
A. The following uses shall be deemed permitted uses in all zoning districts, except CON 16
districts, RFMU sending lands, NRPAS, HSAS, and FSAS: 17
18
* * * * * * * * * * * * * 19
20
4. Wireless communication facilities Communication towers, limited to those 21
providing wireless emergency telephone service, subject to all applicable 22
provisions in section 5.05.09 of this Code. 23
24
54. Electrical transmission and distribution lines, substations, and emergency 25
power structures; 26
27
-Remainder of list to be renumbered accordingly- 28
29
98. Conservation Collier lands which provide for permitted nondestructive, passive 30
natural resource based recreational and educational activities, exclusive of major 31
improvements. Permitted minor improvements shall be limited to one (1) ground 32
sign, not to exceed eight (8) feet in height with a maximum sign area of thirty-two 33
(32) square feet; a parking area, not to exceed twenty (20) parking spaces; hiking 34
trails; a fully accessible trail or trail section; educational kiosks not to exceed one 35
hundred (100) square feet; and public restroom facilities not to exceed five hundred 36
(500) square feet. The provisions for Conservation Collier lands in this Code do 37
not affect the underlying zoning districts or land use designations in any district 38
where Conservation Collier lands are established. Such that no expansion or 39
diminution of the various zoning district permitted uses is intended or implied by 40
these provisions, except as stated above with respect to minor improvements. Oil 41
and gas exploration as defined and regulated in this Code remains a permitted use 42
on or beneath Conservation Collier lands established in any zoning district 43
providing for oil and gas exploration as a permitted use pursuant to 44
subsection 2.03.09 B.1.a.viii. 45
46
* * * * * * * * * * * * * 47
48
Exhibit A - Public Email
C:\USERS\KBERKEY\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\IJV2SHNP\(REDLINE) WCF LDCA (09-27-2023) ALL REVISIONS
CLEAN (002).DOCX 4
Deleted: G:\LDC AMENDMENTS\CURRENT
WORK\TELECOMMUNICATION TOWER UPDATE
(PL20230013966)\DRAFTS\CITYVIEW\WCF LDCA
(09-27-2023) ALL REVISIONS CLEAN.DOCX
H. Wireless communication facilities, limited to those providing wireless emergency 1
telephone service, are considered an essential service and shall be permitted and subject 2
to all applicable provisions in LDC section 5.05.09. 3
4
* * * * * * * * * * * * * 5
# # # # # # # # # # # # # 6
7
2.03.01 - Agricultural Districts. 8
9
A. Rural Agricultural District (A). The purpose and intent of the rural agricultural district (A) is 10
to provide lands for agricultural, pastoral, and rural land uses by accommodating 11
traditional agricultural, agricultural related activities and facilities, support facilities related 12
to agricultural needs, and conservation uses. Uses that are generally considered 13
compatible to agricultural uses that would not endanger or damage the agricultural, 14
environmental, potable water, or wildlife resources of the County, are permissible as 15
conditional uses in the A district. The A district corresponds to and implements the 16
Agricultural/Rural land use designation on the future land use map of the Collier County 17
GMP, and in some instances, may occur in the designated urban area. The maximum 18
density permissible in the rural agricultural district within the urban mixed use district shall 19
be guided, in part, by the density rating system contained in the future land use element 20
of the GMP. The maximum density permissible or permitted in A district shall not exceed 21
the density permissible under the density rating system. The maximum density permissible 22
in the A district within the agricultural/rural district of the future land use element of the 23
Collier County GMP shall be consistent with and not exceed the density permissible or 24
permitted under the agricultural/rural district of the future land use element. 25
26
1. The following subsections identify the uses that are permissible by right and the 27
uses that are allowable as accessory or conditional uses in the rural agricultural 28
district (A). 29
30
a. Permitted uses. 31
32
* * * * * * * * * * * * * 33
7. Family care facilities, subject to section 5.05.04. 34
35
8. Communications towers up to specified height Wireless 36
communication facilities, subject to section 5.05.09. 37
38
9. Essential services, as set forth in section 2.01.03. 39
40
* * * * * * * * * * * * * 41
42
c. Conditional uses. The following uses are permitted as conditional uses in 43
the rural agricultural district (A), subject to the standards and procedures 44
established in LDC section 10.08.00 and the Administrative Code. 45
46
* * * * * * * * * * * * * 47
48
12. Collection and transfer sites for resource recovery. 49
50
Exhibit A - Public Email
C:\USERS\KBERKEY\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\IJV2SHNP\(REDLINE) WCF LDCA (09-27-2023) ALL REVISIONS
CLEAN (002).DOCX 5
Deleted: G:\LDC AMENDMENTS\CURRENT
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(PL20230013966)\DRAFTS\CITYVIEW\WCF LDCA
(09-27-2023) ALL REVISIONS CLEAN.DOCX
13. Communication towers above specified height, subject to section 1
5.05.09. 2
3
143. Social and fraternal organizations. 4
5
-Remainder of list to be renumbered accordingly- 6
7
287. Ancillary plants. 8
9
* * * * * * * * * * * * * 10
11
B. Estate District (E). The purpose and intent of the estates district (E) is to provide lands for 12
low density residential development in a semi-rural to rural environment, with limited 13
agricultural activities. In addition to low density residential development with limited 14
agricultural activities, the E district is also designed to accommodate as conditional uses, 15
development that provides services for and is compatible with the low density residential, 16
semi-rural and rural character of the E district. The E district corresponds to and 17
implements the estates land use designation on the future land use map of the Collier 18
County GMP, although, in limited instances, it may occur outside of the estates land use 19
designation. The maximum density permissible in the E district shall be consistent with 20
and not exceed the density permissible or permitted under the estates district of the future 21
land use element of the Collier County GMP as provided under the Golden Gate Master 22
Plan. 23
24
1. The following subsections identify the uses that are permissible by right and the 25
uses that are allowable as accessory or conditional uses in the estates district (E). 26
27
* * * * * * * * * * * * * 28
29
c. Conditional uses. For Estates zoning within the Golden Gate Estates 30
subdivision, the Golden Gate Area Master Plan in the GMP restricts the 31
location of conditional uses. The following uses are permissible as 32
conditional uses in the estates district (E), subject to the standards and 33
procedures established in LDC section 10.08.00: 34
35
* * * * * * * * * * * * * 36
37
11. Public schools without an agreement with Collier County, as 38
described in LDC section 5.05.14. Additional standards in LDC 39
section 5.05.14 shall also apply. 40
41
12. Communication towers up to specified heights Wireless 42
communication facilities, subject to LDC section 5.05.09. 43
44
* * * * * * * * * * * * * 45
# # # # # # # # # # # # # 46
47
2.03.02 Residential Zoning Districts 48
49
A. Residential Single-Family Districts (RSF-1; RSF-2; RSF-3; RSF-4; RSF-5; RSF-6). The 50
purpose and intent of the residential single-family districts (RSF) is to provide lands 51
Exhibit A - Public Email
C:\USERS\KBERKEY\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\IJV2SHNP\(REDLINE) WCF LDCA (09-27-2023) ALL REVISIONS
CLEAN (002).DOCX 6
Deleted: G:\LDC AMENDMENTS\CURRENT
WORK\TELECOMMUNICATION TOWER UPDATE
(PL20230013966)\DRAFTS\CITYVIEW\WCF LDCA
(09-27-2023) ALL REVISIONS CLEAN.DOCX
primarily for single-family residences. These districts are intended to be single-family 1
residential areas of low density. The nature of the use of property is the same in all of 2
these districts. Variation among the RSF-1, RSF-2, RSF-3, RSF-4, RSF-5 and RSF-6 3
districts is in requirements for density, lot area, lot width, yards, height, floor area, lot 4
coverage, parking, landscaping and signs. Certain structures and uses designed to serve 5
the immediate needs of the single-family residential development in the RSF districts such 6
as governmental, educational, religious, and noncommercial recreational uses are 7
permitted as conditional uses as long as they preserve and are compatible with the single-8
family residential character of the RSF district[s]. The RSF districts correspond to and 9
implement the urban mixed use land use designation on the future land use map of the 10
Collier County GMP. The maximum density permissible in the residential single-family 11
(RSF) districts and the urban mixed use land use designation shall be guided, in part, by 12
the density rating system contained in the future land use element of the Collier County 13
GMP. The maximum density permissible or permitted in the RSF district shall not exceed 14
the density permissible under the density rating system, except as permitted by policies 15
contained in the future land use element. 16
17
* * * * * * * * * * * * * 18
19
1. The following subsections identify the uses that are permissible by right and the 20
uses that are allowable as accessory or conditional uses in the residential single-21
family districts (RSF). 22
23
* * * * * * * * * * * * * 24
25
c. Conditional uses. The following uses are permissible as conditional uses 26
in the residential single-family districts (RSF), subject to the standards and 27
procedures established in LDC section 10.08.00. 28
29
* * * * * * * * * * * * * 30
31
11. Public schools without an agreement with Collier County, as 32
described in LDC section 5.05.14. Additional standards in LDC 33
section 5.05.14 shall also apply; however, any high school located 34
in this district is subject to a compatibility review as described in 35
LDC section 10.02.03. 36
37
12. Wireless communication facilities, subject to LDC section 5.05.09. 38
39
* * * * * * * * * * * * * 40
41
B. Residential Multi-Family-6 District (RMF-6). The purpose and intent of the residential multi-42
family-6 district (RMF-6) is to provide for single-family, two-family and multi-family 43
residences having a low profile silhouette, surrounded by open space, being so situated 44
that it is located in close proximity to public and commercial services and has direct or 45
convenient access to collector and arterial roads on the county major road network. The 46
RMF-6 district corresponds to and implements the urban mixed use land use designation 47
on the future land use map of the Collier County GMP. The maximum density permissible 48
in the RMF-6 district and the urban mixed use land use designation shall be guided, in 49
part, by the density rating system contained in the future land use element of the Collier 50
County GMP. The maximum density permissible or permitted in the RMF-6 district shall 51
Exhibit A - Public Email
C:\USERS\KBERKEY\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\IJV2SHNP\(REDLINE) WCF LDCA (09-27-2023) ALL REVISIONS
CLEAN (002).DOCX 7
Deleted: G:\LDC AMENDMENTS\CURRENT
WORK\TELECOMMUNICATION TOWER UPDATE
(PL20230013966)\DRAFTS\CITYVIEW\WCF LDCA
(09-27-2023) ALL REVISIONS CLEAN.DOCX
not exceed the density permissible under the density rating system, except as permitted 1
by policies contained in the future land use element. 2
3
1. The following subsections identify the uses that are permissible by right and the 4
uses that are allowable as accessory or conditional uses in the RMF-6 district. 5
6
* * * * * * * * * * * * * 7
8
c. Conditional uses. The following uses are permissible as conditional uses 9
in the RMF-6 district, subject to the standards and procedures established 10
in LDC section 10.08.00. 11
12
* * * * * * * * * * * * * 13
14
10. Public schools without an agreement with Collier County, as 15
described in LDC section 5.05.14. Additional standards in LDC 16
section 5.05.14 shall also apply; however, any high school located 17
in this district is subject to a compatibility review as described in 18
LDC section 10.02.03. 19
20
11. Wireless communication facilities, subject to LDC section 5.05.09. 21
22
* * * * * * * * * * * * * 23
24
C. Residential Multi-Family-12 District (RMF-12). The purpose and intent of the residential 25
multi-family 12 district (RMF-12) is to provide lands for multiple-family residences having 26
a mid-rise profile, generally surrounded by lower structures and open space, located in 27
close proximity to public and commercial services, with direct or convenient access to 28
collector and arterial roads on the county major road network. Governmental, social, and 29
institutional land uses that serve the immediate needs of the multi-family residences are 30
permitted as conditional uses as long as they preserve and are compatible with the mid-31
rise multiple-family character of the district. The RMF-12 district corresponds to and 32
implements the urban mixed use land use designation on the future land use map of the 33
Collier County GMP. The maximum density permissible in the RMF-12 district and the 34
urban mixed use land use designation shall be guided, in part, by the density rating system 35
contained in the future land use element of the Collier County GMP. The maximum density 36
permissible or permitted in the RMF-12 district shall not exceed the density permissible 37
under the density rating system, except as permitted by policies contained in the future 38
land use element. 39
40
1. The following subsections identify the uses that are permissible by right and the 41
uses that are allowable as accessory or conditional uses in the residential multi-42
family-12 district (RMF-12). 43
44
a. Permitted uses. 45
46
* * * * * * * * * * * * * 47
48
6. Educational plants and public schools with an agreement with 49
Collier County, as described in LDC section 5.05.14; however, any 50
Exhibit A - Public Email
C:\USERS\KBERKEY\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\IJV2SHNP\(REDLINE) WCF LDCA (09-27-2023) ALL REVISIONS
CLEAN (002).DOCX 8
Deleted: G:\LDC AMENDMENTS\CURRENT
WORK\TELECOMMUNICATION TOWER UPDATE
(PL20230013966)\DRAFTS\CITYVIEW\WCF LDCA
(09-27-2023) ALL REVISIONS CLEAN.DOCX
high school located in this district is subject to a compatibility 1
review as described in LDC section 10.02.03 2
3
7. Wireless communication facilities, subject to LDC section 5.05.09. 4
5
* * * * * * * * * * * * * 6
7
D. Residential Multi-Family-16 District (RMF-16). The purpose and intent of the residential 8
multi-family-16 district (RMF-16) is to provide lands for medium to high density multiple-9
family residences, generally surrounded by open space, located in close proximity to 10
public and commercial services, with direct or convenient access to arterial and collector 11
roads on the county major road network. Governmental, social, and institutional land uses 12
that serve the immediate needs of the multiple-family residences are permitted as 13
conditional uses as long as they preserve and are compatible with the medium to high 14
density multi-family character of the district. The RMF-16 district corresponds to and 15
implements the urban mixed use land use designation on the future land use map of the 16
Collier County GMP. The maximum density permissible in the RMF-16 district and the 17
urban mixed use land use designation shall be guided, in part, by the density rating system 18
contained in the future land use element of the Collier County GMP. The maximum density 19
permissible or permitted in the RMF-16 district shall not exceed the density permissible 20
under the density rating system, except as permitted by policies contained in the future 21
land use element. 22
23
1. The following subsections identify the uses that are permissible by right and the 24
uses that are allowable as accessory or conditional uses in the residential multi-25
family-16 district (RMF-16). 26
27
a. Permitted uses. 28
29
4. Educational plants and public schools with an agreement with 30
Collier County, as described in LDC section 5.05.14; however, any 31
high school located in this district is subject to a compatibility 32
review as described in LDC section 10.02.03. 33
34
5. Wireless communication facilities, subject to LDC section 5.05.09. 35
36
* * * * * * * * * * * * * 37
38
E. Residential Tourist District (RT). The purpose and intent of the residential tourist district 39
(RT) is to provide lands for tourist accommodations and support facilities, and multiple 40
family uses. The RT district corresponds with and implements the urban mixed use district 41
and the activity center district in the urban designated area on the future land use map of 42
the Collier County GMP. 43
44
1. The following subsections identify the uses that are permissible by right and the 45
uses that are allowable as accessory or conditional uses in the residential tourist 46
district (RT). 47
48
a. Permitted uses. 49
50
5. Townhouses subject to section 5.05.07. 51
Exhibit A - Public Email
C:\USERS\KBERKEY\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\IJV2SHNP\(REDLINE) WCF LDCA (09-27-2023) ALL REVISIONS
CLEAN (002).DOCX 9
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1
6. Wireless communication facilities, subject to LDC section 5.05.09. 2
3
* * * * * * * * * * * * * 4
5
F. Village Residential District (VR). The purpose and intent of the village residential district 6
(VR) is to provide lands where a mixture of residential uses may exist. Additionally, uses 7
are located and designed to maintain a village residential character which is generally low 8
profile, relatively small building footprints as is the current appearance of Goodland and 9
Copeland. The VR district corresponds to and implements the mixed residential land use 10
designation on the Immokalee future land use map of the Collier County GMP. It is 11
intended for application in those urban areas outside of the coastal urban area designated 12
on the future land use map of the Collier County GMP, though there is some existing VR 13
zoning in the coastal urban area. The maximum density permissible in the VR district and 14
the urban mixed use land use designation shall be guided, in part, by the density rating 15
system contained in the future land use element of the Collier County GMP. The maximum 16
density permissible or permitted in the VR district shall not exceed the density permissible 17
under the density rating system, except as permitted by policies contained in the future 18
land use element, or as designated on the Immokalee future land use map of the GMP. 19
20
1. The following subsections identify the uses that are permissible by right and the 21
uses that are allowable as accessory or conditional uses in the village residential 22
district (VR). 23
24
a. Permitted uses. 25
26
6. Educational plants and public schools with an agreement with 27
Collier County, as described in LDC section 5.05.14; however, any 28
high school located in this district is subject to a compatibility 29
review as described in LDC section 10.02.03. 30
31
7. Wireless communication facilities, subject to LDC section 5.05.09. 32
33
* * * * * * * * * * * * * 34
35
G. Mobile Home District (MH). The purpose and intent of the mobile home district (MH) is to 36
provide land for mobile homes and modular built homes, as defined in this Land 37
Development Code, that are consistent and compatible with surrounding land uses. The 38
MH District corresponds to and implements the urban mixed-use land use designation on 39
the future land-use map of the Collier County GMP. The maximum density permissible in 40
the MH district and the urban mixed use land use designation shall be guided, in part, by 41
the density rating system contained in the future land use element of the Collier County 42
GMP. The maximum density permissible or permitted in the MH district shall not exceed 43
the density permissible under the density rating system, except as permitted by policies 44
contained in the future land use element, or as identified in the Immokalee future land use 45
map of the GMP. 46
47
1. The following subsections identify the uses that are permissible by right and the 48
uses that are allowable as accessory or conditional uses in the mobile home district 49
(MH). 50
51
Exhibit A - Public Email
C:\USERS\KBERKEY\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\IJV2SHNP\(REDLINE) WCF LDCA (09-27-2023) ALL REVISIONS
CLEAN (002).DOCX 10
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a. Permitted uses. 1
2
5. Educational plants and public schools with an agreement with 3
Collier County, as described in LDC section 5.05.14; however, any 4
high school located in this district is subject to a compatibility 5
review as described in LDC section 10.02.03. 6
7
6. Wireless communication facilities, subject to LDC section 5.05.09. 8
9
* * * * * * * * * * * * * 10
# # # # # # # # # # # # # 11
12
2.03.03 Commercial Zoning Districts 13
14
A. Commercial Professional and General Office District (C-1). The purpose and intent of the 15
commercial professional and general office district C-1 is to allow a concentration of office 16
type buildings and land uses that are most compatible with, and located near, residential 17
areas. Most C-1 commercial, professional, and general office districts are contiguous to, 18
or when within a PUD, will be placed in close proximity to residential areas, and, therefore, 19
serve as a transitional zoning district between residential areas and higher intensity 20
commercial zoning districts. The types of office uses permitted are those that do not have 21
high traffic volumes throughout the day, which extend into the evening hours. They will 22
have morning and evening short-term peak conditions. The market support for these office 23
uses should be those with a localized basis of market support as opposed to office 24
functions requiring inter-jurisdictional and regional market support. Because office 25
functions have significant employment characteristics, which are compounded when 26
aggregations occur, certain personal service uses shall be permitted, to provide a 27
convenience to office-based employment. Such convenience commercial uses shall be 28
made an integral part of an office building as opposed to the singular use of a building. 29
Housing may also be a component of this district as provided for through conditional use 30
approval. 31
32
1. The following uses, as identified with a number from the Standard Industrial 33
Classification Manual (1987), or as otherwise provided for within this section are 34
permissible by right, or as accessory or conditional uses within the C-1 commercial 35
professional and general office district. 36
37
* * * * * * * * * * * * * 38
39
a. Permitted uses. 40
41
40. Travel agencies (4724, no other transportation services). 42
43
41. Wireless communication facilities, subject to LDC section 5.05.09. 44
45
412. Any other commercial use or professional service which is 46
comparable in nature with the foregoing uses including those that 47
exclusively serve the administrative as opposed to the operational 48
functions of a business and are associated purely with activities 49
conducted in an office, as determined by the Hearing Examiner or 50
CCPC, pursuant to LDC section 10.02.06 K. 51
Exhibit A - Public Email
C:\USERS\KBERKEY\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\IJV2SHNP\(REDLINE) WCF LDCA (09-27-2023) ALL REVISIONS
CLEAN (002).DOCX 11
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1
* * * * * * * * * * * * * 2
3
B. Commercial Convenience District (C-2). The purpose and intent of the commercial 4
convenience district (C-2) is to provide lands where commercial establishments may be 5
located to provide the small-scale shopping and personal needs of the surrounding 6
residential land uses within convenient travel distance except to the extent that office uses 7
carried forward from the C-1 district will expand the traditional neighborhood size. 8
However, the intent of this district is that retail and service uses be of a nature that can be 9
economically supported by the immediate residential environs. Therefore, the uses should 10
allow for goods and services that households require on a daily basis, as opposed to those 11
goods and services that households seek for the most favorable economic price and, 12
therefore, require much larger trade areas. It is intended that the C-2 district implements 13
the Collier County GMP within those areas designated agricultural/rural; estates 14
neighborhood center district of the Golden Gate Master Plan; the neighborhood center 15
district of the Immokalee Master Plan; and the urban mixed use district of the future land 16
use element permitted in accordance with the locational criteria for commercial and the 17
goals, objectives, and policies as identified in the future land use element of the Collier 18
County GMP. The maximum density permissible in the C-2 district and the urban mixed 19
use land use designation shall be guided, in part, by the density rating system contained 20
in the future land use element of the Collier County GMP. The maximum density 21
permissible or permitted in a district shall not exceed the density permissible under the 22
density rating system. 23
24
1. The following uses, as identified with a number from the Standard Industrial 25
Classification Manual (1987), or as otherwise provided for within this section are 26
permissible by right, or as accessory or conditional uses within the C-2 commercial 27
convenience district. 28
29
a. Permitted uses. 30
31
* * * * * * * * * * * * * 32
33
72. Wallpaper stores (5231) with 1,800 square feet or less of gross floor 34
area in the principal structure. 35
36
73. Wireless communication facilities, subject to section 5.05.09. 37
38
734. Any other commercial use or professional services which is 39
comparable in nature with the foregoing uses including those that 40
exclusively serve the administrative as opposed to the operational 41
functions of a business and are associated purely with activities 42
conducted in an office. 43
44
-Remainder of list to be renumbered accordingly- 45
46
756. An existing lawful structure over 1,800 sq. ft. as of July 14, 2014 47
may be occupied by any C-2 permitted use with a 1,800 sq. ft. or 48
greater limitation. 49
50
* * * * * * * * * * * * * 51
Exhibit A - Public Email
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1
C. Commercial Intermediate District (C-3). The purpose and intent of the commercial 2
intermediate district (C-3) is to provide for a wider variety of goods and services intended 3
for areas expected to receive a higher degree of automobile traffic. The type and variety 4
of goods and services are those that provide an opportunity for comparison shopping, 5
have a trade area consisting of several neighborhoods, and are preferably located at the 6
intersection of two-arterial level streets. Most activity centers meet this standard. This 7
district is also intended to allow all of the uses permitted in the C-1 and C-2 zoning districts 8
typically aggregated in planned shopping centers. This district is not intended to permit 9
wholesaling type of uses, or land uses that have associated with them the need for outdoor 10
storage of equipment and merchandise. A mixed-use project containing a residential 11
component is permitted in this district subject to the criteria established herein. The C-3 12
district is permitted in accordance with the locational criteria for commercial and the goals, 13
objectives, and policies as identified in the future land use element of the Collier County 14
GMP. The maximum density permissible in the C-3 district and the urban mixed use land 15
use designation shall be guided, in part, by the density rating system contained in the 16
future land use element of the Collier County GMP. The maximum density permissible or 17
permitted in the C-3 district shall not exceed the density permissible under the density 18
rating system. 19
20
1. The following uses, as identified with a number from the Standard Industrial 21
Classification Manual (1987), or as otherwise provided for within this section are 22
permissible by right, or as accessory or conditional uses within the commercial 23
intermediate district (C-3). 24
25
a. Permitted uses. 26
27
* * * * * * * * * * * * * 28
29
92. Wallpaper stores (5231) with 5,000 square feet or less of gross floor 30
area in the principal structure. 31
32
93. Wireless communication facilities, subject to section 5.05.09. 33
34
934. Any use which was permissible under the prior General Retail 35
Commercial (GRC) zoning district, as identified by Zoning 36
Ordinance adopted October 8, 1974, and which was lawfully 37
existing prior to the adoption of this Code. 38
39
945. Any of the foregoing uses that are subject to a gross floor area 40
limitation shall be permitted by right without the maximum floor area 41
limitation if the use is developed as a component of a shopping 42
center. 43
44
956. Any other commercial use or professional services which is 45
comparable in nature with the foregoing uses including those that 46
exclusively serve the administrative as opposed to the operational 47
functions of a business and are associated purely with activities 48
conducted in an office. 49
50
Exhibit A - Public Email
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967. Any other intermediate commercial use which is comparable in 1
nature with the list of permitted uses and consistent with the 2
purpose and intent statement of the district, as determined by the 3
Hearing Examiner or CCPC, pursuant to LDC section 10.02.06 K. 4
5
978. An existing lawful structure over 5,000 sq. ft. as of July 14, 2014 6
may be occupied by any C-3 permitted use with a 5,000 sq. ft. or 7
greater limitation. 8
9
* * * * * * * * * * * * * 10
11
D. General Commercial District (C-4). The general commercial district (C-4) is intended to 12
provide for those types of land uses that attract large segments of the population at the 13
same time by virtue of scale, coupled with the type of activity. The purpose and intent of 14
the C-4 district is to provide the opportunity for the most diverse types of commercial 15
activities delivering goods and services, including entertainment and recreational 16
attractions, at a larger scale than the C-1 through C-3 districts. As such, all of the uses 17
permitted in the C-1 through C-3 districts are also permitted in the C-4 district. The outside 18
storage of merchandise and equipment is prohibited, except to the extent that it is 19
associated with the commercial activity conducted on-site such as, but not limited to, 20
automobile sales, marine vessels, and the renting and leasing of equipment. Activity 21
centers are suitable locations for the uses permitted by the C-4 district because most 22
activity centers are located at the intersection of arterial roads. Therefore the uses in the 23
C-4 district can most be sustained by the transportation network of major roads. The C-4 24
district is permitted in accordance with the locational criteria for uses and the goals, 25
objectives, and policies as identified in the future land use element of the Collier County 26
GMP. The maximum density permissible or permitted in a district shall not exceed the 27
density permissible under the density rating system. 28
29
1. The following uses, as defined with a number from the Standard Industrial 30
Classification Manual (1987), or as otherwise provided for within this section are 31
permissible by right, or as accessory or conditional uses within the general 32
commercial district (C-4). 33
34
a. Permitted uses. 35
36
* * * * * * * * * * * * * 37
38
27. Cable and other pay television services (4841) including 39
communications towers up to specified height, subject to section 40
5.05.09. 41
42
* * * * * * * * * * * * * 43
44
130. Telegraph and other message communications (4822) including 45
communications towers up to specified height, subject to section 46
5.05.09. 47
48
Exhibit A - Public Email
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131. Telephone communications (4812 and 4813) including 1
communications towers up to specified height, subject to section 2
5.05.09. 3
4
* * * * * * * * * * * * * 5
6
140. Wireless communication facilities, subject to LDC section 5.05.09. 7
8
1401. Any use which was permissible under the prior General Retail 9
Commercial (GRC) zoning district, as identified by Zoning 10
Ordinance adopted October 8, 1974, and which was lawfully 11
existing prior to the adoption of this Code. 12
13
1412. Any other commercial use or professional services which is 14
comparable in nature with the foregoing uses including those that 15
exclusively serve the administrative as opposed to the operational 16
functions of a business and are purely associated with activities 17
conducted in an office. 18
19
1423. Any other general commercial use which is comparable in nature 20
with the list of permitted uses and consistent with the purpose and 21
intent statement of the district, as determined by the Hearing 22
Examiner or CCPC, pursuant to LDC section 10.02.06 K. 23
24
* * * * * * * * * * * * * 25
26
c. Conditional uses. The following uses are permitted as conditional uses in 27
the general commercial district (C-4), subject to the standards and 28
procedures established in LDC section 10.08.00. 29
30
* * * * * * * * * * * * * 31
32
7. Bottle clubs. (All establishments engaged in the retail sale of 33
alcoholic beverages for on-premise consumption are subject to the 34
locational requirements of section 5.05.01.). 35
36
8. Communication towers above specified height, subject to section 37
5.05.09. 38
39
98. Dealers not elsewhere classified (5599 outdoor display permitted, 40
excluding Aircraft dealers-retail). 41
42
-Remainder of list to be renumbered accordingly- 43
44
254. Veterinary services (0741 and 0742, with outside kenneling). 45
46
* * * * * * * * * * * * * 47
48
E. Heavy Commercial District (C-5). In addition to the uses provided in the C-4 zoning district, 49
the heavy commercial district (C-5) allows a range of more intensive commercial uses and 50
services which are generally those uses that tend to utilize outdoor space in the conduct 51
Commented [1]: Consider changing C-4 to CU as some of
the C-4 zoning districts abut residential zoned properties.
(Specifically see along Airport Rd S.)
Exhibit A - Public Email
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of the business. The C-5 district permits heavy commercial services such as full-service 1
automotive repair, and establishments primarily engaged in construction and specialized 2
trade activities such as contractor offices, plumbing, heating and air conditioning services, 3
and similar uses that typically have a need to store construction associated equipment 4
and supplies within an enclosed structure or have showrooms displaying the building 5
material for which they specialize. Outdoor storage yards are permitted with the 6
requirement that such yards are completely enclosed or opaquely screened. The C-5 7
district is permitted in accordance with the locational criteria for uses and the goals, 8
objectives, and policies as identified in the future land use element of the Collier County 9
GMP. 10
11
1. The following uses, as identified with a number from the Standard Industrial 12
Classification Manual (1987), or as otherwise provided for within this section are 13
permissible by right, or as accessory or conditional uses within the heavy 14
commercial district (C-5). 15
16
a. Permitted uses. 17
18
* * * * * * * * * * * * * 19
20
32. Cable and other pay television services (4841) including 21
communications towers up to specified height, subject to section 22
5.05.09. 23
24
* * * * * * * * * * * * * 25
26
166. Telegraph and other message communications (4822) including 27
communications towers up to specified height, subject to LDC 28
section 5.05.09. 29
30
167. Telephone communications (4812 and 4813) including 31
communications towers up to specified height, subject to LDC 32
section 5.05.09. 33
34
* * * * * * * * * * * * * 35
36
180. Welding repair (7692). 37
38
181. Wireless communication facilities, subject to LDC section 5.05.09. 39
40
1812. Any use which was permissible under the prior General Retail 41
Commercial (GRC) zoning district, as identified by Zoning 42
Ordinance adopted October 8, 1974, and which was lawfully 43
existing prior to the adoption of this Code. 44
45
1823. Any other commercial use or professional services which is 46
comparable in nature with the foregoing uses including those that 47
exclusively serve the administrative as opposed to the operational 48
functions of a business and are purely associated with activities 49
conducted in an office. 50
Exhibit A - Public Email
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1
1834. Any other heavy commercial use which is comparable in nature with 2
the list of permitted uses and consistent with the purpose and intent 3
statement of the district, as determined by the Hearing Examiner or 4
CCPC, pursuant to LDC section 10.02.06 K. 5
6
* * * * * * * * * * * * * 7
8
c. Conditional uses. The following uses are permissible as conditional uses 9
in the heavy commercial district (C-5), subject to the standards and 10
procedures established in LDC section 10.08.00. 11
12
* * * * * * * * * * * * * 13
14
5. Communications (4812—4841) with wireless communications 15
towers facilities that exceed specified height, subject to LDC section 16
5.05.09. 17
18
* * * * * * * * * * * * * 19
20
F. Travel Trailer-Recreational Vehicle Campground District (TTRVC). 21
22
* * * * * * * * * * * * * 23
24
2. The following uses are permissible by right, or as accessory or conditional 25
uses within the travel trailer-recreational vehicle campground district (TTRVC). 26
27
a. Permitted uses. 28
29
1. Travel trailers, park model travel trailers, pickup coaches, motor 30
homes and other recreational vehicles. 31
32
2. Wireless communication facilities, subject to LDC section 5.05.09. 33
34
* * * * * * * * * * * * * 35
# # # # # # # # # # # # # 36
37
2.03.04 Industrial Zoning Districts 38
39
A. Industrial District (I). The purpose and intent of the industrial district (I) is to provide lands 40
for manufacturing, processing, storage and warehousing, wholesaling, and distribution. 41
Service and commercial activities that are related to manufacturing, processing, storage 42
and warehousing, wholesaling, and distribution activities, as well as commercial uses 43
relating to automotive repair and heavy equipment sales and repair are also permissible 44
in the I district. The I district corresponds to and implements the industrial land use 45
designation on the future land use map of the Collier County GMP. 46
47
1. The following uses, as identified within the Standard Industrial Classification 48
Manual (1987), or as otherwise provided for within this section, are permitted as a 49
right, or as accessory or conditional uses within the industrial district (I). 50
51
Exhibit A - Public Email
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a. Permitted uses. 1
2
* * * * * * * * * * * * * 3
4
9. Communications (4812—4899 including communications towers 5
up to specified heights, subject to section 5.05.09.). 6
7
* * * * * * * * * * * * * 8
9
56. Wholesale trade—nondurable goods (5111-5159, 5181, 5182, 10
5191 except that wholesale distribution of chemicals, fertilizers, 11
insecticides, and pesticides must be a minimum of 500 feet from a 12
residential zoning district (5192—5199). 13
14
57. Wireless communication facilities, subject to LDC section 5.05.09. 15
16
578. Existing retail uses that were in operation on January 1, 2009, in 17
the Industrial zoning district and which have been continuously and 18
conspicuously operating in the Industrial zoning district as of June 19
8, 2010, without limitation as to square footage of the retail use. 20
These existing retail businesses shall be treated as legal non-21
conforming uses in accordance with the LDC, provided however 22
that in the event of destruction or damage due to natural disaster, 23
the structures housing such uses may be rebuilt to their pre-disaster 24
condition. 25
26
* * * * * * * * * * * * * 27
28
c. Conditional uses. The following uses are permitted as conditional uses in 29
the industrial district (I), subject to the standards and procedures 30
established in LDC section 10.08.00. 31
32
* * * * * * * * * * * * * 33
34
4. Communications (groups 4812—4899 including wireless 35
communications towers facilities that exceed specified heights 36
subject to all requirements of LDC section 5.05.09.). 37
38
* * * * * * * * * * * * * 39
40
B. Business Park District (BP). The purpose and intent of the business park district (BP) is to 41
provide a mix of industrial uses, corporate headquarters offices and business/professional 42
offices which complement each other and provide convenience services for the employees 43
within the district; and to attract businesses that create high value added jobs. It is intended 44
that the BP district be designed in an attractive park-like environment, with low structural 45
density and large landscaped areas for both the functional use of buffering and enjoyment 46
by the employees of the BP district. The BP district is permitted by the urban mixed use, 47
urban commercial, and urban-industrial districts of the future land use element of the 48
Collier County GMP. 49
50
Exhibit A - Public Email
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1. The following uses, as identified within the latest edition of the Standard Industrial 1
Classification Manual, or as otherwise provided for within this section, are 2
permitted as of right, or as uses accessory to permitted primary or secondary uses, 3
or are conditional uses within the business park district. 4
5
a. Permitted primary uses. One hundred percent of the total business park 6
district acreage is allowed to be developed with the following uses: 7
8
* * * * * * * * * * * * * 9
10
4. Communications (4812—4899 including wireless communications 11
towers facilities, limited in height to 100 feet and subject to LDC 12
section 5.05.09.). 13
14
* * * * * * * * * * * * * 15
# # # # # # # # # # # # # 16
17
2.03.05 - Civic and Institutional Zoning Districts 18
19
A. Public Use District (P). The purpose and intent of public use district (P) is to accommodate 20
only local, state and federally owned or leased and operated government facilities that 21
provide essential public services. The P district is intended to facilitate the coordination of 22
urban services and land uses while minimizing the potential disruption of the uses of 23
nearby properties. 24
25
* * * * * * * * * * * * * 26
27
4. The following uses are permitted as of right, or as accessory or conditional uses, 28
in the public use district (P). 29
30
a. Permitted uses. 31
32
* * * * * * * * * * * * * 33
34
4. Communication towers. 35
36
54. Education facilities. 37
38
65. Educational plants. 39
76. Essential public service facilities. 40
41
87. Fairgrounds. 42
43
98. Libraries. 44
45
109. Museums. 46
47
1110. Park and recreational service facilities. 48
49
1211. Parking facilities. 50
51
Exhibit A - Public Email
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1312. Safety service facilities. 1
2
1413. Wireless communication facilities, subject to LDC section 5.05.09. 3
4
14. Any other public structures and uses which are comparable in 5
nature with the list of permitted uses, and consistent with the 6
purpose and intent statement of the district, as determined by the 7
Hearing Examiner or CCPC, pursuant to LDC section 10.02.06 K. 8
9
* * * * * * * * * * * * * 10
11
B. Community Facility District (CF). The purpose and intent of (CF) district is to implement 12
the GMP by permitting nonresidential land uses as generally identified in the urban 13
designation of the future land use element. These uses can be characterized as public 14
facilities, institutional uses, open space uses, recreational uses, water-related or 15
dependent uses, and other such uses generally serving the community at large. The 16
dimensional standards are intended to insure compatibility with existing or future nearby 17
residential development. The CF district is limited to properties within the urban mixed use 18
land use designation as identified on the future land use map. 19
20
1. The following uses are permitted as of right, or as accessory or conditional uses, 21
in the community facility district (CF). 22
23
a. Permitted uses. 24
25
* * * * * * * * * * * * * 26
27
9. Educational services (groups 8211—8231). 28
29
10. Wireless communication facilities, subject to LDC section 5.05.09. 30
31
* * * * * * * * * * * * * 32
# # # # # # # # # # # # # 33
34
2.03.06 Planned Unit Development Districts 35
36
* * * * * * * * * * * * * 37
38
D. The following are permissible uses in the Research and Technology Park PUD: 39
40
Identified Use Special Notes
Or Regulation
RTPPUD
Accessory uses and structures 4.07.02 and
5.03.00
P
41
* * * * * * * * * * * * * 42
Communication groups 4812—4841 T
Exhibit A - Public Email
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Communication towers and other Wireless
Communication Facilities:
75 feet or less in height
More than 75 feet in height
5.05.09
P
CU
Computer and data processing services, Computer
related services, not elsewhere classified
T
1
* * * * * * * * * * * * * 2
# # # # # # # # # # # # # 3
4
2.03.07 Overlay Zoning Districts 5
6
* * * * * * * * * * * * * 7
8
F. Golden Gate Parkway Overlay District (GGPOD). 9
10
* * * * * * * * * * * * * 11
12
6. Prohibited uses. These uses are prohibited, except that uses existing as of March 13
16, 2021 may continue to operate as a permitted use until the use ceases for a 14
period of one year. This section does not apply to the uses allowed in the 15
underlying zoning district. 16
17
a. Prohibited uses in the GGPOD-AC and GGPOD-DT. 18
19
xi. Communication towers Wireless communication facilities, subject 20
to LDC section 5.05.09. 21
22
* * * * * * * * * * * * * 23
24
G. Immokalee Urban Overlay District. To create the Immokalee Urban Overlay District with 25
distinct subdistricts for the purpose of establishing development criteria suitable for the 26
unique land use needs of the Immokalee Community. The boundaries of the Immokalee 27
Urban Overlay District are delineated on the maps below. 28
29
* * * * * * * * * * * * * 30
31
5. Main Street Overlay Subdistrict. Special conditions for the properties identified in 32
the Immokalee Area Master Plan; referenced on Map 7; and further identified by 33
the designation "MSOSD" on the applicable official Collier County Zoning Atlas 34
Maps. The purpose of this designation is to encourage development and 35
redevelopment by enhancing and beautifying the downtown Main Street area 36
through flexible design and development standards. 37
38
a. Permitted uses. For all properties within the Main Street Overlay 39
Subdistrict, except for properties hatched as indicated on Map 7, the Main 40
Street Overlay Subdistrict, all permitted uses within the uses within the 41
underlying zoning districts contained within this Subdistrict, and the 42
following uses may be permitted as of right in this Subdistrict: 43
44
Exhibit A - Public Email
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1. Hotel and motels (7011) 1
2
2. Communication towers Wireless communication facilities, as 3
defined in LDC section 5.05.09, subject to the following: 4
5
i. Such tower is an essential service use as defined by 6
subsection 2.01.03 A.4; and 7
8
ii. Such tower may not exceed a height of 75 feet above grade 9
including any antennas attached thereto. 10
11
b. Permitted uses. For hatched properties within the Main Street Overlay 12
Subdistrict, all permitted uses within the underlying zoning districts 13
contained within this Subdistrict, and the following uses are permitted as of 14
right in this Subdistrict: 15
16
1. All uses allowed in the Commercial Professional District (C-1), of 17
this Code, except for group 7521. 18
19
2. Communication towers Wireless communication facilities, as 20
defined in LDC section 5.05.09 subject to the following: 21
22
i. Such tower is an essential service use as defined by 23
subsection 2.01.03 A.4; and 24
25
ii. Such tower may not exceed a height of 75 feet above grade 26
including any antennas attached thereto. 27
28
c. Prohibited uses. All uses prohibited within the underlying residential and 29
commercial zoning districts contained within this Subdistrict, and the 30
following uses, shall be prohibited on properties with frontage on Main 31
Street in between First Street and Ninth Street in the Main Street Overlay 32
Subdistrict: 33
34
* * * * * * * * * * * * * 35
36
10. Communication towers Wireless communication facilities, as 37
defined in LDC section 5.05.09 of this Code, except as otherwise 38
permitted in this Subdistrict. 39
40
* * * * * * * * * * * * * 41
42
d. Accessory uses. 43
44
* * * * * * * * * * * * * 45
46
2. Communication towers Wireless communication facilities, as 47
defined in LDC section 5.05.09 subject to the following: 48
49
i. Such tower is an essential service use as defined by 50
subsection 2.01.03 A.4.; and 51
Exhibit A - Public Email
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1
ii. Such tower may not exceed a height of 75 feet above grade 2
including any antennas attached thereto. 3
4
e. Conditional uses. 5
6
1. Conditional uses of the underlying zoning districts contained within 7
the subdistrict, subject to the standards and procedures established 8
in LDC section 10.08.00 and as set forth below: 9
10
i. Local and suburban passenger transportation (4131, 4173) 11
located upon commercially zoned properties within the Main 12
Street Overlay Subdistrict. 13
14
ii. Communication towers Wireless communication facilities, 15
as defined in LDC section 5.05.09 of this Code for essential 16
service uses as defined by subsection 2.01.03 A.4 that 17
exceed a height of 75 feet above grade including any 18
antennas attached thereto. 19
20
iii. The following conditional uses may be permitted only on 21
properties with frontage on North First Street, South First 22
Street, and North Ninth Street within the Main Street Overlay 23
Subdistrict: 24
25
* * * * * * * * * * * * * 26
27
i. Communication towers Wireless communication 28
facilities, as defined in LDC section 5.05.09, except 29
as otherwise permitted in this Subdistrict. 30
31
* * * * * * * * * * * * * 32
33
I. Bayshore Zoning Overlay District (BZO). This section provides special conditions for the 34
properties adjacent to Bayshore Drive as identified by the designation "BZO" on the 35
applicable official Collier County Zoning Atlas Map or map series. 36
37
* * * * * * * * * * * * * 38
39
4. Bayshore Zoning Overlay District (BZO) Subdistricts. 40
41
* * * * * * * * * * * * * 42
43
b. Use Categories and Table of Uses. 44
45
* * * * * * * * * * * * * 46
47
iii. Table of Uses. Table 1. Table of Uses for the BZO Subdistricts 48
49
USE TYPE BZO SUBDISTRICTS
Exhibit A - Public Email
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RESIDENTIAL MIXED
USE
ADDITIONAL
STANDARDS
R1 R2 R3 R4 NC W
1
* * * * * * * * * * * * * 2
3
h) INFRASTRUCTURE
1) Automobile Parking
Facilities
CU
2) Boat Launch A
3) Essential Services P P P P P P
4) Marinas and Boatyards P P 4.02.16 C.7.
5) Transit Station
6) Wireless Telec
Communication Facilityies
4
* * * * * * * * * * * * * 5
6
N. Gateway Triangle Zoning Overlay District (GTZO). This section contains special 7
conditions for the properties in and adjacent to the Gateway Triangle as identified by the 8
designation "GTZO" on the applicable official Collier County Zoning Atlas Map or map 9
series. 10
11
* * * * * * * * * * * * * 12
13
4. Gateway Triangle Zoning Overlay District (GTZO) Subdistricts. 14
15
* * * * * * * * * * * * * 16
17
b. Use Categories and Table of Uses. 18
19
* * * * * * * * * * * * * 20
21
iii. Table of Uses. Table 2. Table of Uses for the GTZO Subdistricts 22
23
USE TYPE GTZO SUBDISTRICTS ADDITIONAL
STANDARDS RESIDENTIAL MIXED
USE
24
* * * * * * * * * * * * * 25
26
h) INFRASTRUCTURE
1) Automobile Parking Facilities P
2) Boat Launch
3) Essential Services P P
4) Marinas P
5) Transit Station CU
6) Wireless TelecCommunication
Facilityies
CU
Exhibit A - Public Email
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1
* * * * * * * * * * * * * 2
# # # # # # # # # # # # # 3
4
2.03.08 - Rural Fringe Zoning Districts 5
6
A. Rural Fringe Mixed-Use District (RFMU District). 7
8
* * * * * * * * * * * * * 9
10
2. RFMU receiving lands. RFMU receiving lands are those lands within the RFMU 11
district that have been identified as being most appropriate for development and 12
to which residential development units may be transferred from RFMU sending 13
lands. Based on the evaluation of available data, RFMU receiving lands have a 14
lesser degree of environmental or listed species habitat value than RFMU sending 15
lands and generally have been disturbed through development or previous or 16
existing agricultural operations. Various incentives are employed to 17
direct development into RFMU receiving lands and away from RFMU sending 18
lands, thereby maximizing native vegetation and habitat preservation and 19
restoration. Such incentives include, but are not limited to: the TDR 20
process; clustered development; density bonus incentives; and, provisions for 21
central sewer and water. Within RFMU receiving lands, the following standards 22
shall apply, except as noted in LDC subsection 2.03.08 A.1 above, or as more 23
specifically provided in an applicable PUD. 24
25
a. Outside rural villages. 26
27
* * * * * * * * * * * * * 28
29
(3) Allowable Uses. 30
31
* * * * * * * * * * * * * 32
33
(c) Conditional uses. The following uses are permissible 34
as conditional uses subject to the standards and 35
procedures established in LDC section 10.08.00. 36
37
* * * * * * * * * * * * * 38
39
ix. In RFMU receiving lands other than those within the 40
NBMO, earth mining and extraction. 41
42
x. Wireless communication facilities, subject to LDC 43
section 5.05.09. 44
45
* * * * * * * * * * * * * 46
47
b. Rural villages. Rural villages, including rural villages within the NBMO, may 48
be approved within the boundaries of RFMU receiving lands, subject to the 49
following: 50
51
Exhibit A - Public Email
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(1) Allowable Uses: 1
2
* * * * * * * * * * * * * 3
4
(b) CONDITIONAL USES 1 through 5, and 7, and 10 identified 5
in section 2.03.08A.2.a.(3)(c), when specifically identified in, 6
and approved as part of a RURAL VILLAGE PUD. 7
8
* * * * * * * * * * * * * 9
10
3. Neutral lands. Neutral lands have been identified for limited semi-rural 11
residential development. Available data indicates that neutral lands have a higher 12
ratio of native vegetation, and thus higher habitat values, than lands designated 13
as RFMU receiving lands, but these values do not approach those of RFMU 14
sending lands. Therefore, these lands are appropriate for limited development, if 15
such development is directed away from existing native vegetation and habitat. 16
Within neutral lands, the following standards shall apply: 17
18
a. Allowable uses. The following uses are permitted as of right: 19
20
* * * * * * * * * * * * * 21
22
(3) Conditional uses. The following uses are permissible as conditional 23
uses subject to the standards and procedures established in 24
LDC section 10.08.00. 25
26
* * * * * * * * * * * * * 27
28
(k) Earth mining and extraction and related processing. 29
30
(l) Wireless communication facilities, subject to LDC section 31
5.05.09. 32
33
* * * * * * * * * * * * * 34
35
4. RFMU sending lands. RFMU sending lands are those lands that have the highest 36
degree of environmental value and sensitivity and generally include 37
significant wetlands, uplands, and habitat for listed species. RFMU sending 38
lands are the principal target for preservation and conservation. Density may be 39
transferred from RFMU sending lands as provided in LDC section 2.03.07 D.4.c. 40
All NRPAs within the RFMU district are also RFMU sending lands. With the 41
exception of specific provisions applicable only to NBMO neutral lands, the 42
following standards shall apply within all RFMU sending lands: 43
44
a. Allowable uses where TDR credits have not been severed. 45
46
* * * * * * * * * * * * * 47
48
(3) Conditional uses. 49
50
* * * * * * * * * * * * * 51
Exhibit A - Public Email
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1
(d) Commercial uses accessory to permitted uses 1.a, 1.c. and 2
1.d above, such as retail sales of produce accessory to 3
farming, or a restaurant accessory to a park or preserve, so 4
long as restrictions or limitations are imposed to insure the 5
commercial use functions as an accessory, subordinate 6
use. 7
8
(e) Wireless communication facilities, subject to LDC section 9
5.05.09. 10
11
b. Allowable uses where TDR credits have been severed. 12
13
* * * * * * * * * * * * * 14
15
(2) Conditional uses: 16
17
* * * * * * * * * * * * * 18
19
(b) Oil and gas field development and production, subject to 20
applicable state and federal field development permits and 21
Collier County non-environmental site development plan 22
review procedures. Directional-drilling and/or previously 23
cleared or disturbed areas shall be utilized in order to 24
minimize impacts to native habitats, where determined to be 25
practicable. This requirement shall be deemed satisfied 26
upon issuance of a state permit in compliance with the 27
criteria established in Chapter 62C-25 through 62C-30, 28
F.A.C., as those rules existed on Oct. 3, 2005 [the effective 29
date of this provision], regardless of whether the activity 30
occurs within the Big Cypress Watershed, as defined in Rule 31
62C-30.001(2), F.A.C. All applicable Collier County 32
environmental permitting requirements shall be considered 33
satisfied by evidence of the issuance of all applicable federal 34
and/or state oil and gas permits for proposed oil and gas 35
activities in Collier County, so long as the state permits 36
comply with the requirements of Chapter 62C-25 through 37
62C-30, F.A.C. For those areas of Collier County outside 38
the boundary of the Big Cypress Watershed, 39
the applicant shall be responsible for convening the Big 40
Cypress Swamp Advisory Committee as set forth in Section 41
377.42, F.S., to assure compliance with Chapter 62C-25 42
through 62C-30, F.A.C., even if outside the defined Big 43
Cypress Watershed. All oil and gas access roads shall be 44
constructed and protected from unauthorized uses 45
according to the standards established in Rule 62C-46
30.005(2)(a)(1) through (12), F.A.C. 47
48
(c) Wireless communication facilities, subject to LDC section 49
5.05.09. 50
51
Exhibit A - Public Email
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(cd) Conditional use approval criteria: In addition to the criteria 1
set forth in section 10.08.00 of this Code, the following 2
additional criteria shall apply to the approval of conditional 3
uses within RFMU sending lands: 4
5
* * * * * * * * * * * * * 6
# # # # # # # # # # # # # 7
8
2.03.09 - Open Space Zoning Districts 9
10
* * * * * * * * * * * * * 11
12
B. Conservation District "CON". The purpose and intent of the conservation district "CON" is 13
to conserve, protect and maintain vital natural resource lands within unincorporated Collier 14
County that are owned primarily by the public. All native habitats possess ecological and 15
physical characteristics that justify attempts to maintain these important natural resources. 16
Barrier islands, coastal bays, wetlands, and habitat for listed species deserve particular 17
attention because of their ecological value and their sensitivity to perturbation. All 18
proposals for development in the CON district must be subject to rigorous review to 19
ensure that the impacts of the development do not destroy or unacceptably degrade the 20
inherent functional values. The CON District includes such public lands as Everglades 21
National Park, Big Cypress National Preserve, Florida Panther National Wildlife Refuge, 22
portions of the Big Cypress Area of Critical State Concern, Fakahatchee Strand State 23
Preserve, Collier-Seminole State Park, Rookery Bay National Estuarine Sanctuary 24
Research Reserve, Delnor-Wiggins State Park, and the National Audubon's Corkscrew 25
Swamp Sanctuary (privately owned), and C.R.E.W. It is the intent of the CON District to 26
require review of all development proposed within the CON District to ensure that the 27
inherent value of the County's natural resources is not destroyed or unacceptably altered. 28
The CON District corresponds to and implements the conservation land use designation 29
on the future land use map of the Collier County GMP. 30
31
* * * * * * * * * * * * * 32
33
c. Conditional uses. The following uses are permitted as conditional uses in the CON, 34
subject to the standards and procedures established in LDC section 10.08.00 and 35
further subject to: 1) submission of a plan for development as part of the 36
required EIS that demonstrates that wetlands, listed species and their habitat are 37
adequately protected; and 2) conditions which may be imposed by the Board of 38
County Commissioners, as deemed appropriate, to limit the size, location, and 39
access to the conditional use. 40
41
* * * * * * * * * * * * * 42
43
4. Staff housing in conjunction with safety service facilities and essential 44
services. 45
46
5. Wireless communication facilities, subject to LDC section 5.05.09. 47
48
* * * * * * * * * * * * * 49
# # # # # # # # # # # # # 50
51
Exhibit A - Public Email
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4.02.01 Dimensional Standards for Principal Uses in Base Zoning Districts 1
2
* * * * * * * * * * * * * 3
4
D. Exemptions and exclusions from design standards. 5
6
1. The height limitations contained in LDC subsection 4.02.01 A. Table 2. Building 7
Dimension Standards for Principal Uses in Base Zoning Districts do not apply to 8
infrastructure in support of the building, such as mechanical penthouses, elevator 9
shafts, stair shafts, mechanical equipment, mechanical screening, spires, belfries, 10
cupolas, flagpoles, antennas, communications towers wireless communication 11
facilities, water tanks, fire towers when operated by a branch of government, 12
ventilators, chimneys, feed storage structures, silos, windmills, airport control 13
towers, or other appurtenances placed above the roof level and not intended for 14
human occupancy or for commercial purposes as provided below: 15
16
* * * * * * * * * * * * * 17
# # # # # # # # # # # # # 18
19
4.02.14 Design Standards for Development in the ST and ACSC-ST Districts 20
21
* * * * * * * * * * * * * 22
23
H. Exceptions from public hearing requirements. The County Manager or designee may 24
administratively approve a site alteration plan or site development plan for land designated 25
ST or ACSC-ST without the public hearing otherwise required by this section if: 26
27
* * * * * * * * * * * * * 28
29
4. Site alteration or site development around existing communication towers wireless 30
communication facilities to expand or construct accessory structures associated 31
with an already existing tower facility, not to exceed five acres. 32
33
* * * * * * * * * * * * * 34
# # # # # # # # # # # # # 35
36
4.06.05 - General Landscaping Requirements 37
38
* * * * * * * * * * * * * 39
40
B. Landscaping requirements for industrial and commercial development. For projects 41
subject to architectural design standards, see LDC section 5.05.08 F. for related 42
provisions. 43
44
* * * * * * * * * * * * * 45
46
2. Wireless Ccommunication towersfacilities. See LDC section 5.05.09 for landscape 47
requirements that are specific to wireless communication facilities. An 8-foot high, 48
100 percent architecturally finished opaque wall must screen the security fencing 49
that surrounds a tower base. In addition, landscaping must be located on the 50
Exhibit A - Public Email
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outside of such wall. The hedge requirement must also be planted around any 1
ground level guy anchors. The entire perimeter of this wall shall be landscaped in 2
at least one of the following ways so as to provide the equivalent of minimum code 3
size trees located 25 feet on center and a 3-foot high hedge planted 3-feet on 4
center. 5
6
a. If native vegetation is present within the parcel, a minimum 20 foot 7
wide buffer strip must be preserved and used toward meeting the tree and 8
hedge planting requirement. 9
10
b. If native vegetation is present, but not dense enough to meet the equivalent 11
of the tree and hedge requirements, it must be supplemented with plantings 12
to meet the tree and hedge requirements. 13
14
c. On sites where no native vegetation is present, a 15 foot wide landscape 15
buffer with minimum code size trees located 25 feet on center and a 3 foot 16
high hedge planted 3 feet on center must be planted. 17
18
At the discretion of the county landscape architect, some or all of these landscape 19
buffering requirements may be displaced to a right-of-way landscape 20
buffer located within the parcel when it better serves the public interest of 21
screening the communication tower. 22
23
* * * * * * * * * * * * * 24
# # # # # # # # # # # # # 25
26
4.08.06 - SSA Designation 27
28
* * * * * * * * * * * * * 29
30
B. SSA Credit Generation - Stewardship Credit System. Stewardship Credits (Credits) are 31
created from any lands within the RLSA District from which one or more Land Use Layers 32
are removed and that are designated as SSAs. Once land is designated as an SSA and 33
Credits or other compensation consistent with Policy 3.8 of the RLSA Overlay is granted 34
to the owner, no increase in density or additional uses not expressly identified in the 35
Stewardship Agreement shall be allowed on such property. A methodology has been 36
adopted in the GMP for the calculation of credits based upon: 1) the Natural Resource 37
Index Value of the land being designated as an SSA, and 2) the number of land use layers 38
being eliminated. 39
40
* * * * * * * * * * * * * 41
42
4. Land Use Layers to be Eliminated. A set of Land Use Layers has been established 43
as part of the Stewardship Credit Worksheet and adopted as the Land Use 44
Matrix set forth below. Each Layer incorporates a number of the permitted 45
or conditional uses allowed under the Baseline Standards. Each Layer listed below 46
has an established credit value (percentage of a base credit) developed during the 47
RLSA Study. At the time of designation application, a landowner wishing to have 48
his/her land designated as an SSA determines how many of the Land Use Layers 49
are to be removed from the designated lands. A Land Use Layer can only be 50
Exhibit A - Public Email
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removed in its entirety (all associated activities/land use are removed), and Layers 1
shall be removed sequentially and cumulatively in the order listed below. 2
3
* * * * * * * * * * * * * 4
5
b. Land Use Matrix 6
7
Resident
ial Land
Uses
General
Conditional
Uses
Earth
Mining
and
Process
ing
Uses
Recreati
onal
Uses
Agricult
ure
Group
1
Agricult
ure -
Support
Uses
Agriculture
Group 2
Conser
vation,
Restor
ation
and
Natural
Resour
ces
8
* * * * * * * * * * * * * 9
10
Resident
ial Land
Uses
Wireless
Ccommunicati
ons
towersfacilitie
s (P)(CU)
Earth
Mining
and
Processi
ng Uses
Recreatio
nal Uses
Agricult
ure
Group 1
Agricult
ure -
Support
Uses
Agricult
ure
Group 2
Essent
ial
service
s (P
and
CU)
11
* * * * * * * * * * * * * 12
# # # # # # # # # # # # # 13
14
5.05.09 – Communications Towers Wireless Communication Facilities 15
16
A. Purpose and intent. The purpose and intent of this section is to regulate the siting, 17
construction, and modification of wireless communication facilities in the unincorporated 18
area of Collier County, to minimize adverse impacts to adjacent and nearby properties 19
and to otherwise protect the public health, safety, and welfare, while accommodating the 20
growing need for wireless communication services. 21
22
B. Applicability. These regulations are applicable to wireless communication facilities located 23
within the County, excluding those of a governmental entity where such facilities are 24
utilized to provide intra-governmental communications not generally available to the 25
public, to protect the health, safety, and welfare of the public. 26
27
C. Exemptions. This LDC section shall regulate the location, construction, and modification 28
of wireless communication facilities within the County for the following: 29
30
1. Noncommercial freestanding and structure-mounted "receive only" antennas that 31
receive direct broadcast satellite service or video programming services via multi-32
point distribution services, which are one meter or less in diameter in residential 33
zoning districts and three meters or less in diameter in nonresidential zoning 34
Exhibit A - Public Email
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districts. These Antennas shall meet all other requirements of the zoning district 1
as set forth in the LDC. 2
3
2. Amateur radio antennas and any tower to support the antenna that is owned and 4
operated by a federally licensed amateur radio station operator used exclusively 5
for noncommercial purposes. 6
7
3. Any tower or antenna that is owned, operated, or licensed by the Federal Aviation 8
Administration (FAA) and used exclusively for aircraft navigation (NAVAIDS). 9
10
4. Any antenna and any tower to support the antenna, not greater than 35 feet in 11
height, and used exclusively as an accessory use to Essential Services. 12
13
5. Wireless communication facilities within County Rights-of-Way as set forth in the 14
Code of Laws and Ordinances, Chapter 110, Article V. Communications Facilities 15
in the County Rights-of-Way. 16
17
D. Definitions specific to LDC section 5.05.09. 18
19
1. Alternative Tower Structure means manmade trees, clock towers, bell towers, 20
steeples, light poles and similar alternative-design mounting structures that 21
accommodate, camouflage, minimize, or conceal the presence of wireless 22
communication facility equipment. This does not include existing structures 23
erected for another primary purpose, but which subsequently have antennas 24
attached to or located within them, without any reconstruction of the original 25
structure. 26
27
2. Antenna means a transmitting and/or receiving device mounted on a tower, 28
building, or structure and used in wireless communication services that radiates or 29
captures electromagnetic waves, digital signal, analog signals, and radio 30
frequencies. Antennas include, but are not limited to, directional antennas such as 31
panel and microwave dish antennas, omni-directional antennas such as whips, 32
radar antennas, amateur radio antennas, and satellite earth stations. 33
34
3. Rooftop or Building Mounted Facility means antennas that are attached to an 35
existing non-tower rooftop, structure, or building. The Facility includes all Support 36
Facilities regardless of where they are located with respect to the antennas. 37
38
4. Search Radius Area means the limited area certified by the provider’s Radio 39
Frequency Engineer within which the proposed wireless communication facility 40
needs to be located in order to resolve the provider’s coverage and/or capacity 41
issues in the surrounding area. There is not a standard numeric distance for a 42
search radius, but instead the search radius for a particular site depends on many 43
factors including, but not limited to, population to be served, geography, and 44
topography. 45
46
5. Support Facilities means any on-site or off-site building, cabinet, or equipment 47
enclosure that houses the electronics, backup power, power generators, and other 48
freestanding equipment associated with the operation of a Wireless 49
Communication Facility. 50
51
Exhibit A - Public Email
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6. Temporary Wireless Communication Facility means any tower, pole, cell-on-1
wheels (COW), and/or tower-on-wheels antenna designed for use while a 2
permanent wireless communication facility is under construction or reconstruction, 3
for a large scale special event or conference, or during a County declared 4
emergency. 5
6
7. Tower means a structure that is designed and constructed for the purpose of 7
supporting one or more antennas, including but not limited to lattice towers, guyed 8
towers, or monopole towers. Except for the abandonment and financial 9
responsibility provisions contained in this section, the term shall not include a pole-10
attached antenna. 11
12
8. Tower, Guyed means a tower supported by one or more levels of braided or 13
stranded steel guy cables that anchor to the ground. 14
15
9. Tower, Lattice means a freestanding and segmentally designed with rectangular 16
or triangular base steel lattices. 17
18
10. Tower, Monopole means a single pole that can be a tubular section design or a 19
formed, tapered pole. 20
21
11. Wireless Communication Facility (WCF) means any equipment or facility used to 22
provide wireless communication services and may include, but is not limited to, 23
antennas, alternative tower structures, guyed towers, lattice towers, monopoles, 24
rooftop or building mounted facilities, and support facilities. Placing a wireless 25
communication facility on an existing structure does not cause the existing 26
structure to become a wireless communication facility. 27
28
12. Wireless Communication Facility Site or Site means the tracts of real property, 29
either owned or leased, on which the wireless communication facility, support 30
facility, and related improvements are located. 31
32
13. Wireless Communication Services means any personal wireless services as 33
defined in the Federal Telecommunications Act of 1996, including but not limited 34
to cellular, personal communications services (PCS), specialized mobile radio 35
(SMR), enhanced specialized mobile radio (ESMR), paging, and similar services 36
that currently exist or that may in the future be developed. 37
38
E. Table of allowable wireless communication facilities by zoning district. 39
40
1. Table 1. identifies the type of wireless communication facility and where it is 41
allowed, either as permitted by right (P) or by Conditional Use (CU) approval. 42
Conditional Uses shall require approval in accordance with the procedures set 43
forth in LDC section 10.08.00. The term “NP” means the tower type is not 44
permitted. 45
46
47
48
49
50
51
Exhibit A - Public Email
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Table 1. Allowable wireless communication facilities by zoning district. 1
2
Zoning District Monopole1 Lattice or
Guyed1
Alternative
Tower
Structures1
Rooftop or
Building
Mounted
Antenna1
Agricultural A P
E CU2
Residential
RSF-1 NP NP CU CU
RSF-2 NP NP CU CU
RSF-3 NP NP CU CU
RSF-4 NP NP CU CU
RSF-5 NP NP CU CU
RSF-6 NP NP CU CU
RMF-6 NP NP CU CU
RMF-12 NP NP CU P
RMF-16 NP NP CU P
RT CU NP CU P
VR CU NP CU P
MH CU NP CU P
Commercial
C-1
P P P P
C-2
C-3
C-4
C-5
TTRVC NP P
Industrial I P BP
Civic and
Institutional
P P CF
Planned Unit
Development PUD Pursuant to the applicable PUD Ordinance
Rural Fringe RFMU CU
Open Space CON CU
1 Temporary Wireless Communication Towers may be located in all zoning districts on a temporary 3
basis for the purposes stated in LDC section 5.05.09. D.6. 4
5
2 See LDC section 5.05.09 H. for additional standards specific to the Estates (E) zoning district. 6
7
F. Design and development standards. 8
9
1. General standards applicable to all types of wireless communication facilities. 10
11
a. Any new WCF or modification to an existing WCF that requires both a Site 12
Development Plan and building permit review may be processed 13
concurrently but at the applicant’s risk. 14
Commented [2]: Same prior comment -
"Consider changing to CU as some of the C-4 zoning districts
abut residential zoned properties. (Specifically see along
Airport Rd S.)"
Exhibit A - Public Email
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1
b. Setbacks. Except as otherwise specified within this section, wireless 2
communication facilities must be setback from the rights-of-way and 3
adjacent properties equal to the height of the tower site unless a State of 4
Florida registered engineer submits documentation and certification the fall 5
zone or collapse distance shall be the minimum setback from the property 6
line and rights-of-way. In addition, wireless communication facilities must 7
satisfy the minimum setback requirements of the zoning district as set forth 8
in the LDC, as well as the requirements of this section. 9
10
c. Security. 11
12
i. All wireless communication facilities and support facilities shall be 13
secured to prevent public access. 14
15
ii. Security lighting to protect on-ground facilities/equipment shall be 16
fully shielded and directed away from neighboring properties. 17
18
d. Sidewalks, bike lane, and pathway requirements. All WCF shall comply 19
with LDC section 6.06.02, except for facilities meeting the following 20
requirements: 21
22
i. The facility is proposed to be located on a parcel that is currently 23
undeveloped; and 24
25
ii. The facility is proposed to be located on a leased area that is less 26
than 25 percent of the total parcel area. 27
28
Such facilities may defer the requirements until the remainder of the parcel 29
is developed through a Site Development Plan. 30
31
e. Signage. 32
33
i. Signage must be provided that includes contact information for the 34
facility. 35
36
ii. No commercial signs or advertising shall be allowed. 37
38
f. Emergency backup generators. An emergency backup generator may be 39
operated at each wireless communication facility site. The Site 40
Development Plan shall identity the location and connection for the 41
emergency backup generator. 42
43
g. Relief from dimensional standards. The purpose of this section is to 44
identify the appropriate process for applicants requesting relief from certain 45
dimensional requirements of the LDC for a proposed WCF. 46
47
i. Relief from setbacks. 48
Reductions of the required setback distances may be approved through a Variance. 49
50
b 51
Commented [3]: We understand the concern for wanting
backup power however, for tower sites with multiple
carriers this could pose day-to-day logistical issues where
each carrier is required to install a backup generator.
Deleted: is required to be operated on
Deleted: ¶
a) Where the wireless communication facility is a
permitted use by right, r
Deleted: ) Where the wireless
communication facility requires a
Conditional Use, reductions of the required
setback distances may be approved as a
deviating component through the same
Conditional Use request.
Commented [4]: For consistency relief from required
setback distances should be via Variance regardless of use
designation (permitted or conditional)
Exhibit A - Public Email
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1
ii. Relief from tower separation requirements. Reductions in the 2
required separation distances may be approved through a 3
Variance. 4
5
iii. Relief from height limitations. Any WCF that is proposed to exceed 6
the height requirements of this LDC section may be approved 7
through a Variance . 8
9
iv. Relief from other related LDC requirements. Wireless 10
communication facilities requesting relief from any other LDC 11
requirement may be approved through a Variance. 12
13
h. Prohibition. No equipment or materials shall be stored or parked on the 14
site of a wireless communications facility unless used in direct support for 15
repairs of a facility. 16
17
2. Standards applicable to all tower facilities. 18
19
a. Co-location of antennas on towers. 20
21
i. A tower owner shall permit other wireless communications 22
providers to co-locate facilities on a tower if space and structural 23
capacity exists. However, co-location requirements shall not apply 24
to towers or structures used as power transmission poles or 25
structures owned or operated by Florida Power and Light or other 26
power companies. 27
28
ii. Facilities shall be constructed to accommodate the minimum 29
number of providers required per maximum facility height 30
requirement, as outlined in Table 2. 31
32
b. Height limitations. New towers and alternative tower structures shall be 33
subject to the height limitations outlined in Table 2. 34
35
Table 2. Tower height and co-location requirements. 36
37
Zoning District of
Proposed Tower
Minimum Number
of Providers to Support
Maximum Facility
Height (feet)1, 2
Agricultural
One 100
Two 130
Three 185
Four 250
All other Zoning Districts
One 100
Two 130
Three 185
38
1 Lightning rods may exceed the height limitation provided the rods are no greater than 10 39
feet in length. 40
41
Deleted: as a deviating component through a
Conditional Use request
Deleted: as a deviating component through a
Conditional Use request. Distance from RSF-1
through RSF-6, and RMF-6 zoning districts
shall be additional criterion for Conditional
Use approval…
Exhibit A - Public Email
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2 A Variance is required for any wireless communications tower or alternative tower structure 1
that does not comply with these requirements pursuant to LDC section 5.05.09 F.1.g. 2
3
c. Separation from off-site abutting uses. Towers shall be separated from 4
abutting uses in conformance with the minimum distances specified in 5
Table 3., measured from the outside of the tower base to the property line 6
of the abutting use. 7
8
Table 3. Tower Separation Requirements from Off-Site Abutting Uses 9
10
1 Excludes residential land uses on Agricultural-zoned lands. 11
12
2 If an alternative tower structure is proposed, separation distances shall be reduced 13
to 50% of tower height. 14
15
3 The Variance process may be used for applications requesting reductions to the 16
minimum required separation distances in Table 3 pursuant to LDC section 5.05.09 17
F.1.g. 18
19
d. Migratory birds and other wildlife considerations. 20
21
i. Wireless communication facility towers. Each new tower that will 22
exceed a height of 75 feet (above ground), but will not exceed a 23
height of 199 feet above natural grade, shall not be guyed. 24
25
ii. Bird diverter devices. Each guyed tower greater than 75 feet in 26
height above natural grade, shall have installed and maintained bird 27
diverter devices on each guy wire. 28
29
iii. Habitat loss. In addition to the requirements in Chapters 3 and 10, 30
towers and support facilities shall be designed, sited, and 31
constructed to minimize habitat loss within the WCF site. At such 32
sites, road access and fencing shall be designed and located to 33
minimize on-site and adjacent habitat fragmentation and/or 34
disturbances. 35
36
e. Design. 37
All Tower Types
Abutting Land Use
Designation
Minimum Separation Distance
from Abutting Uses
Residential Land Uses1 or
Estates Zoned Lots 100% of tower height 2, 3
All Other Land Uses 50% of tower height2 3
Temporary
Wireless
Communication
Facility
No restrictions None
Deleted: Conditional Use
Deleted: permit
Deleted: Conditional
Deleted: Use
Exhibit A - Public Email
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1
i. Towers, not including alternative tower structures, shall maintain a 2
galvanized gray finish or other approved compatible color, except 3
as required by federal rules or regulations. 4
5
f. Lighting. 6
7
i. No signals, lights, or illumination shall be permitted unless required 8
by the Federal Aviation Administration (FAA) or other applicable 9
authority. If lighting is required the by FAA, the alternatives chosen 10
shall be the least obtrusive to the surrounding community. 11
12
ii. Site lighting (not required by FAA) shall be elevated less than 20 13
feet above grade, fully shielded, and directed downward away from 14
neighboring properties. 15
16
g. Screening. 17
18
i. Wireless communication facilities and support facilities shall be 19
screened with landscaping and a wall, fence, or combination of 20
both. The wall or fence shall be 100 percent opaque with a 21
minimum height of 8 feet and maximum height of 10 feet. The wall 22
or fence shall be designed to ensure that no unauthorized persons 23
can access the facility. Barbed wire is not a permitted material. 24
25
ii. Equipment cabinets. The overall height of ground-mounted 26
equipment or equipment enclosure shall not exceed 12 feet. 27
28
iii. Landscaping. A minimum 10-foot wide Type A buffer along the 29
outside perimeter of the wall or fence shall be required. Tree 30
plantings within the buffer shall be 12 feet in height at time of 31
planting. 32
33
a) Existing, native vegetation on the subject site can be used 34
to meet these screening requirements. If native 35
vegetation is present but not dense enough to meet the 36
requirements, supplemental landscaping must be used to 37
meet the screening requirements. 38
39
b) At the discretion of the County Manager or designee, some 40
or all of these landscape buffering requirements may be 41
displaced to a road right-of-way landscape buffer located 42
within the parcel when it better screens the tower. 43
44
h. Access and parking. Each wireless communication facility site shall have 45
access from a paved or unpaved driveway or access easement. The 46
driveway shall extend to an appropriate location on the premises to 47
accommodate a vehicle to be parked at the facility for normal maintenance. 48
One parking space shall be provided for each facility, and new towers 49
exceeding 185 feet in height shall require a minimum of two parking 50
spaces. 51
Exhibit A - Public Email
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1
3. Standards applicable to all rooftop or building mounted facilities. 2
3
a. Rooftop equipment shall not occupy more than 25 percent of the roof area 4
and shall comply with the exterior building and site design standards. 5
6
b. Height limitations. 7
8
i. Facilities located on a rooftop, structure, or building with a maximum 9
roofline of 20 feet or greater (measured from the average natural 10
grade) shall be permitted to have a maximum height of 20 feet 11
above the maximum roofline. 12
13
ii. Facilities located on a building or structure with a maximum roofline 14
less than 20 feet (measured from the average natural grade) shall 15
be permitted to have a maximum height equal to the height of the 16
maximum roofline. 17
18
iii. Any facility that is proposed to exceed the height requirements, as 19
provided herein, may be approved as a deviating component 20
through a Conditional Use request pursuant to LDC section 5.05.09 21
F.1.g. Distance from RSF-1 through RSF-6, and RMF-6 zoning 22
districts shall be additional criterion for Conditional Use approval. 23
24
c. Facilities shall be set back from the closest outer edge of the roof a distance 25
of not less than 10 percent of the rooftop length and width, but not less than 26
five feet. 27
28
d. Antenna structures and dish type antennas shall use camouflage 29
techniques that incorporate architectural treatment to conceal or screen 30
their presence from public view through design to unobtrusively blend in 31
aesthetically with the surrounding environment. 32
33
e. Except for antennas that cannot be seen from street level, such as panel 34
antennas on parapet walls, antennas shall not extend out beyond the 35
vertical plane of any exterior wall. 36
37
f. The design elements of the building (i.e., parapet wall, screen enclosures, 38
other mechanical equipment) shall be used to screen the wireless 39
communication facility and support facility. 40
41
g. Co-location is not required for rooftop or building mounted facilities. 42
43
G. Publicly owned property. The applicant of a WCF may proceed at their own risk with the 44
submittal of an application for a WCF located on County-owned lands without having a 45
fully executed agreement or lease in place with the County; however, no development 46
order shall be issued by the County until such agreement or lease has been fully executed. 47
All terms and provisions of the agreement or lease shall be in a form that is acceptable to 48
the County Attorney, including a release from the County of all liability regarding the WCF. 49
50
Exhibit A - Public Email
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1. Height limitations for wireless communication facilities on property owned, leased, 1
or otherwise controlled by public entities, including but not limited to federal, state, 2
and/or County entities shall be as follows: 3
4
a. Facilities that are 185 feet or less in height are a permitted use by right in 5
all zoning districts. 6
7
b. Facilities that are greater than 185 feet in height shall require a Conditional 8
Use. 9
10
c. Facilities utilizing this exemption must meet all separation requirements of 11
LDC section 5.05.09 F.2.d. and Airport Overlay regulations in the LDC. 12
13
H. Wireless communication facilities in the Estates (E) Zoning District. 14
15
Wireless communication facilities are allowed on parcels designated in the Urban or Rural 16
Golden Gate Estates Sub-element in the Golden Gate Area Master Plan and are subject 17
to the following: 18
19
1. The parcel shall be a minimum 2.25 acres and adjacent to an arterial or collector 20
road. 21
22
2. The wireless communication services provider has provided evidence that the 23
service provider's search radius for the tower location requires placement of the 24
tower in the Estates Zoning District to meet its coverage requirements and that the 25
WCF cannot be co-located on an existing tower and provide the same quality 26
service coverage. 27
28
I. Application requirements in addition to the requirements of LDC section 10.02.00. 29
30
1. Supplemental tower application requirements. 31
32
a. Evidence from a Radio Frequency Engineer that the proposed facilities 33
cannot be installed on another structure in Collier County and shall be 34
located at the proposed site to meet coverage requirements with a 35
composite propagation study illustrating, graphically, existing, and 36
proposed coverage in industry-accepted median received signal ranges. 37
38
b. If co-location is not available, the applicant shall submit an affidavit stating 39
that the applicant made diligent efforts for permission to install or co-locate 40
the facilities on all existing support structures located within the search 41
radius for the proposed facility. The applicant shall establish in the 42
application that: they are unable to provide service at existing sites nearby; 43
no other existing structure is available (including utility poles); and that no 44
reasonable alternative technology can accommodate the facility due to one 45
or more of the following factors: 46
47
i. Insufficient height to allow the facility to function reasonably in parity 48
with similar facilities; 49
50
ii. Insufficient structural strength to support the facility; 51
Exhibit A - Public Email
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1
iii. Insufficient space to allow the facility to function effectively and 2
reasonably in parity with similar equipment; 3
4
iv. Resulting electromagnetic interference which cannot reasonably be 5
corrected; 6
7
v. Unavailability of a reasonable leasing agreement (a leasing 8
agreement is presumed reasonable if, fees and costs for sharing would exceed the 9
cost of a new communication tower amortized over a 25-year period); and/or 10
11
vi. Other limiting factors. 12
13
2. Supplemental rooftop or building mounted application requirements. 14
15
a. These facilities shall require a Site Development Plan approval, pursuant 16
to LDC subsection 10.02.03 E or F. 17
18
J. Modifications and replacements. 19
20
1. Owners of existing facilities shall comply with the procedures herein to replace or 21
re-locate a facility, co-locate an antenna on a facility, or expand a wireless 22
communication facility. 23
24
2. Any increase in height requires a building permit and may only be permitted if 25
within the allowable height unless approved by Conditional Use pursuant to LDC 26
section 5.05.09 F.1.g. 27
28
K. Routine maintenance. Routine maintenance, which includes readjusting antenna heights 29
or locations and adding new antennas, shall be permitted on existing and new WCF. New 30
construction other than routine maintenance on an existing facility shall comply with the 31
requirements of this LDC section. 32
33
L. Inspections. 34
35
1. Collier County may, upon a 30-day notice to the wireless communication facility 36
owner, request to inspect any wireless communication facility to ensure its 37
structural integrity. The owner or owner’s representative shall be present at all 38
times during the inspection. If the County determines that the facility fails to comply 39
with any applicable codes or standards and that such failure constitutes a danger 40
to persons or property, the owner shall receive written notice that they have 60 41
days to bring the facility into compliance with the applicable codes and standards. 42
Owner shall provide proof of compliance with written affidavit. Failure to bring the 43
facility into compliance within 60 days shall constitute cause for the removal of the 44
structure or facility at the owner's expense. 45
46
2. All guyed towers exceeding 185 feet in height shall be inspected every three years. 47
Self-supporting towers shall be inspected every five years. Each inspection shall 48
be conducted by a qualified professional engineer or other qualified professional 49
inspector, and any inspector-recommended repairs and/or maintenance should be 50
Commented [5]: There needs to be some measure of
reasonableness otherwise planning staff and
appointed/elected bodies are left to interpret the costs of
wireless telecommunication lease rates.
Exhibit A - Public Email
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completed without unnecessary delay. At a minimum, each inspection shall include 1
the following: 2
3
a. Tower structure: Including bolts, loose, or damaged members, and signs 4
of unusual stress or vibration. 5
6
b. Guy wires and fittings: Check for age, strength, rust, wear, general 7
condition, and any other signs of possible failure. 8
9
c. Guy anchors and foundations: Assess for cracks in concrete, signs of 10
corrosion, erosion, movement, secure hardware, and general site 11
condition. 12
13
d. Condition of antennas, transmission lines, lighting, painting, insulators, 14
fencing, grounding, and elevator, if any. 15
16
e. For guyed towers: Tower vertical alignment and guy wire tension (both 17
required tension and present tension). 18
19
M. Abandonment. 20
21
1. Collier County may require removal of any abandoned or unused wireless 22
communications facility by the owner within 60 calendar days of confirming 23
abandonment. A WCF shall be considered abandoned if use has been 24
discontinued for 180 consecutive calendar days as determined by Collier County. 25
26
2. Where a WCF is abandoned but not removed within the specified timeframe, the 27
County may remove it and place a lien on the property following procedures for 28
demolition of an unsafe structure. 29
30
3. Where a WCF is utilized for other purposes, including but not limited to, lighting 31
standards and power poles it shall not be considered abandoned if still being 32
maintained in good condition. 33
34
4. Where a WCF is removed by an owner, the owner shall restore the area to as good 35
of a condition as prior to the placement of the facility, unless otherwise instructed 36
by Collier County. 37
38
A. Purpose and intent. This section applies to specified communication towers that support 39
any antenna designed to receive or transmit electromagnetic energy, such as, but not 40
limited to, telephone, television, radio, or microwave transmissions. This section sets 41
standards for construction and facilities siting; and is intended to minimize, where 42
applicable, adverse visual impacts of towers and antennas through careful design, siting, 43
and vegetation screening; to avoid potential damage to adjacent properties from tower 44
failure; to maximize the use of specified new communication towers and, thereby, to 45
minimize the need to construct new towers; to maximize the shared use of specified tower 46
sites to minimize the need for additional tower sites; to lessen impacts new ground 47
mounted towers could have on migratory and other species of birds; to prevent 48
unnecessary habitat fragmentation and/or disturbance in siting and designing new towers; 49
and to consider the concerns of the Collier Mosquito Control District as to low flying 50
mosquito control aircraft safety. 51
Exhibit A - Public Email
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1
B. Definitions unique to communications towers, section 5.05.09. 2
3
1. As used herein "antenna" does not include (a) wire antennas or (b) "receive only" 4
dishes that have an outside diameter of less than 40 inches. 5
6
2. Effective radius means a radius of 6 miles from the respective tower unless a lesser 7
radius is approved. 8
9
3. Lesser effective radius means an approved radius of less than 6 miles. 10
11
4. "Unavailable to the applicant" means a tower that cannot accommodate the 12
applicant's proposed antenna or a site that cannot accommodate the applicant's 13
tower, antenna, and related facilities. 14
15
5. "Unavailable" means that no additional tower or site capacity is available to 16
anyone. 17
18
C. Migratory Birds and other Wildlife Considerations. 19
20
1. Ground Mounted towers. Except to the extent not feasible for the respective new 21
ground mounted tower's intended purpose(s), each new ground mounted tower 22
that will exceed a height of 75 feet (above ground), exclusive of antennas, but will 23
not exceed a height of 199 feet above natural grade, exclusive of antennas, should 24
not be guyed. If the applicant proposes that a new ground mounted tower within 25
this height range be guyed, the applicant shall have the burden of proving the 26
necessity of guying the tower. 27
28
2. Bird Diverter Devices. Each new ground mounted guyed tower installed on or after 29
February 20, 2004, greater then 75 feet in height above natural grade, exclusive 30
of antennas, shall have installed and maintained bird diverter devices on each guy 31
wire (to reduce injuries to flying birds). 32
33
3. Habitat Loss. In addition to the requirements in Chapters 3 and 10, towers and 34
other on-site facilities shall be designed, sited, and constructed to minimize habitat 35
loss within the tower footprint. At such sites, road access and fencing, to the extent 36
feasible, shall be utilized to minimize on-site and adjacent habitat fragmentation 37
and/or disturbances. 38
39
4. Security Lighting. When feasible, security lighting to protect on-ground 40
facilities/equipment shall be down-shielded to try to keep such light within the 41
outermost geographic boundaries of the tower's footprint. 42
43
D. Shared use of towers. A tower with a height in excess of 185 feet above natural grade 44
shall not be approved, unless the applicant demonstrates that no old or approved tower 45
within the effective radius can accommodate the applicant's proposed antenna and 46
ancillary equipment. Towers owned by or leased to any government are exempt from 47
these shared use provisions, except as to sharing with other governments. 48
49
1. For the purpose of discovering availability for use of towers within the effective 50
radius, the applicant shall contact the owner of all old and approved towers, within 51
Exhibit A - Public Email
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the effective radius, that can possibly accommodate the needs of the applicant. 1
The county manager or designee may preapprove the minimum allowable height 2
to determine which towers may be available for use by the applicant. A list of all 3
owners contacted, the date of each contact, the form and content of each contact, 4
and all responses shall be a part of the conditional use application. As an 5
accommodation to applicants, the county manager or designee shall retain all 6
shared use plans, records of past responses, and a list of old and approved towers. 7
If the owner of an old tower does not respond to the applicant's inquiry within a 8
reasonable time, generally 30 days or less, or the owner of an old tower will not 9
rent space to the applicant at a reasonable rental for a reasonable time period, 10
such old tower shall be deemed unavailable to that applicant. If the old tower is a 11
nonconforming structure, additional antennas may be installed thereon in 12
accordance with an approved shared use plan, provided however, no structural 13
alterations may be made to the tower, and the height of the tower inclusive of its 14
antennas may not be increased. 15
16
2. Lesser effective radius. If the applicant asserts that the effective radius for the 17
intended use is less than 6 miles, the applicant shall provide evidence that the 18
asserted lesser effective radius is based on physical and/or electrical 19
characteristics. Based on the evidence submitted by the applicant, the County 20
Manager or designee may establish a lesser effective radius. If a radius can be 21
increased by signal amplification or other means, such means must be considered 22
in determining the lesser effective radius. The antenna manufacturer's 23
specifications shall be conclusive, unless the applicant can prove they are incorrect 24
in the specific case. 25
26
3. If an approved tower within the applicant's approved effective radius may have 27
capacity available for the antenna proposed by the applicant, the application for a 28
new tower shall not be complete without the following information regarding each 29
such possibly available approved tower. Such information shall also be provided 30
for old towers to the extent it can be obtained. 31
32
Identification of the site of each possibly available tower by coordinates, street 33
address or legal description, existing uses, and tower height. 34
35
Whether shared use by the applicant of the tower is prohibited (or is not feasible) 36
for any reason. 37
38
If it has been determined that the tower owner will allow structural changes, 39
whether the tower can accommodate the proposed antenna if reasonable 40
structural changes are made. If so, the applicant shall specify what structural 41
changes would be required and an approximation of the costs of such changes. If 42
the costs of the required changes are financially impracticable, such tower shall be 43
deemed unavailable to the applicant. 44
4. The applicant shall contact the owner of each possibly available approved tower 45
to request the needed information. To enable the tower owner to respond, the 46
applicant shall provide the following information regarding the applicant's proposed 47
antenna and equipment: 48
49
a. All output frequencies of transmitter. 50
51
Exhibit A - Public Email
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b. Type of modulation, polarization of radiation, and proposed use of antenna. 1
2
c. Manufacturer, type, manufacturer's model number, a diagram of the 3
antenna's radiation pattern, and the manufacturer's specifications. 4
5
d. Power input to antenna and gain of antenna in decibels with respect to an 6
isotopic radiator. 7
8
e. Range in feet of maximum and minimum height of antenna above base of 9
tower. 10
11
f. A list of necessary ancillary equipment and description of the type of 12
transmission cable to be used. 13
14
g. Any other pertinent information needed to enable the owner to respond in 15
full to the inquiry. 16
17
E. Shared use of tower sites. A tower with a height in excess of 185 feet above natural grade 18
shall not be approved on a new tower site unless the applicant demonstrates that the 19
proposed tower, antennas, and accessory structures or uses cannot be located on any 20
conforming old site or approved site situated within the effective radius. Sites owned by 21
any government or leased to any government are exempt from these shared use 22
provisions except to other governments. 23
24
1. Except as to each old site or approved site determined by the County Manager or 25
designee, or in a shared use plan to be unavailable to the applicant, the applicant 26
shall contact the owner of all other conforming old sites and approved tower sites, 27
within the effective radius, containing sufficient land area to possibly accommodate 28
the needs of the applicant. 29
30
2. For each such possibly available tower site, the application for a new tower site 31
shall not be complete without the following information: 32
33
a. Identification of the proposed new tower site by coordinates, street address 34
or legal description, area, existing uses, topography, and significant natural 35
features. 36
37
b. Evidence that no old and no approved tower site within the effective radius 38
can accommodate the applicant's needs. 39
40
c. If the owner of an old tower site does not respond to the applicant's simple 41
letter of interest inquiry within thirty (30) days, or the owner of an old tower 42
site will not rent land to accommodate the applicant's needs for a 43
reasonable period of time at reasonable rentals, such old tower site shall 44
be deemed unavailable to the applicant. 45
46
d. The applicant is not required to supply this information to owners of 47
conforming old sites unless the old site appears to be available to the 48
applicant by a shared use plan or the site's owner has responded positively 49
to the applicant's initial letter of inquiry. To enable the site owner to 50
respond, the applicant shall provide the site owner (and the owner of any 51
Exhibit A - Public Email
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tower on the site) with the dimensional characteristics and other relevant 1
data about the tower, and a report from a professional engineer licensed in 2
the State of Florida, or other qualified expert, documenting the following: 3
4
e. tower height and design, including technical, engineering, and other 5
pertinent factors governing the intended uses and selection of the proposed 6
design. An elevation and a cross section of the towers tructure shall be 7
included. 8
9
f. Total anticipated capacity of the tower, including number and types of 10
antennas and needed transmission lines, accessory use needs including 11
specification of all required ancillary equipment, and required building and 12
parking space to accommodate same. 13
14
g. Evidence of structural integrity of the proposed tower as required by the 15
building official and, for metal towers, a statement promising full 16
compliance with the then latest edition of the standards published by the 17
Electronic Industries Association (currently EIA/TIA 222-E), or its 18
successor functional equivalent, as may be amended for local application. 19
20
3. If the site owner, or owner of a tower on the respective site, asserts that the site 21
cannot accommodate the applicant's needs, the respective owner shall specify in 22
meaningful detail reasons why the site cannot accommodate the applicant. To the 23
extent information is current and correct in the respective tower site's approved 24
shared use plan, the site owner or tower owner can refer the applicant to the 25
respective shared use plan. If the shared use plan is not then up-to-date, the plan 26
shall be brought up-to-date immediately by the owner and the written reply to the 27
applicant shall specify to what extent the shared use plan is incorrect, incomplete, 28
or otherwise not up-to-date. 29
30
4. No provision in a shared use plan, land lease, mortgage, option to purchase, lease-31
option, contract for deed, or other controlling document shall provide, or have the 32
effect, that the site is exclusive to one (1) tower, unless there is good reason for 33
such restriction, other than the prevention of competition or a desire or inclination 34
not to cooperate in good faith. If the site size is physically and electrically 35
compatible with the installation on-site of any other tower, no such document shall 36
prevent other towers, except for reasons approved by the County Manager or 37
designee. An unapproved document provision of tower exclusivity shall be grounds 38
to disapprove an application for tower site approval. 39
40
F. Required sharing. Each new tower in excess of 185 feet in height (shared use tower), 41
except towers that are approved to be perpetually unavailable, shall be designed to 42
structurally accommodate the maximum amount of additional antenna capacity 43
reasonably practicable. Although it is not required that a new tower be constructed at 44
additional expense to accommodate antennas owned by others, no new tower shall be 45
designed to accommodate only the tower owner's proposed antennas when, without 46
additional expense, antenna space for other owners can be made available on the tower. 47
48
1. Shared use plans. Each shared use plan shall be in a standard format that has 49
been approved by the County Manager or designee. Each shared use plan shall 50
specify in detail to what extent there exists tower and/or site capacity to 51
Exhibit A - Public Email
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accommodate additional antennas and/or additional towers, ancillary equipment, 1
and accessory uses. Available antenna capacity on a tower shall be stated in 2
detailed clearly understandable terms, and may be stated in equivalent flat plate 3
area and total additional available transmission line capacity. The tower owner (as 4
to tower shared use plans) and the landowner (as to site shared use plans) shall 5
update its respective approved shared use plans by promptly filing pertinent 6
update information with the County Manager or designee. Owners of old towers 7
and/or old sites may file shared use plans in accord with this section. 8
9
2. Reservation of capacity. If an applicant for a shared use tower does not plan to 10
install all of its proposed antennas during initial construction of the tower, the 11
applicant must specify the planned schedule of installing such later added 12
antennas as part of the shared use plan. An applicant cannot indefinitely prevent 13
the use of unused available antenna space on a tower by reserving to itself such 14
space. No available space can be reserved for the owner or anyone else, unless 15
approved in the shared use plan. If an antenna is not installed by the scheduled 16
deadline, the reserved space shall automatically be rendered available for use by 17
others, unless the shared use plan has, by the deadline, been amended with the 18
approval of the County Manager or designee. Deadlines may be extended even if 19
the tower is a nonconforming structure. If space has been reserved in a shared 20
use plan for future additional antenna use by the tower owner and it becomes clear 21
that such space will not be utilized by the owner, the shared use plan shall be 22
amended promptly to reflect the availability of such space. 23
24
3. Reservation of site capacity. The policy stated above applies also to additional 25
tower space on an approved tower site to prevent indefinite reservation of available 26
site space. 27
28
4. Height bonus for sharing. Notwithstanding anything to the contrary in any County 29
ordinance, any existing conforming or nonconforming tower may be permitted a 30
one-time increase in height, provided: 31
32
a. Any such increase in height does not exceed thirty (30) feet or twenty (20) 33
percent of the height of the existing tower, whichever is less; 34
35
b. The cost of such increase in height does not exceed fifty (50) percent of 36
the actual replacement cost of the tower at the time of the application; 37
38
c. A shared use plan covering the tower with the increased height is first 39
approved by the County Manager or designee; 40
41
d. The increase in height does not cause the proposed tower to exceed any 42
required maximum height requirement for towers or make a legally 43
conforming tower become nonconforming; 44
45
e. Substantiated proof that such proposed antenna(s) may not be placed on 46
the existing tower by relocating or adjusting existing antennas and 47
equipment shall be submitted by an appropriate professional engineer 48
certified to practice in the State of Florida; and 49
50
Exhibit A - Public Email
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f. A site development plan shall be submitted for review and approval if an 1
increase in tower height requires placement of, or addition to, an antenna 2
equipment building or support building. 3
4
5. Filing shared use plans. Each approved shared use plan shall be filed and 5
recorded in the Office of the Collier County Clerk of Court prior to any site 6
development plan approval. A copy of the initial shared use plan shall be filed with, 7
and approved by, the County Manager or designee prior to conditional use 8
approval. 9
10
6. Shared use plans for old towers and old tower sites. Initial shared use plans and 11
amendments for old towers require approval of the County Manager or designee. 12
Initial shared use plans and amendments for old tower sites require approval of 13
the BCC, except where an amendment reduces site and/or antenna capacity. 14
15
7. Transmitting and receiving equipment serving similar kinds of uses shall, to the 16
extent reasonable and commercially practicable, be placed on a shared use tower 17
in such a manner that any of the users in a group can operate approximately equal 18
to other users in the group utilizing substantially similar equipment. 19
20
8. Once a shared use plan for a tower is approved, additional antennas may be added 21
to that tower in accordance with the approved shared use plan without additional 22
conditional use approval even if the tower is then a nonconforming structure. The 23
shared use plan shall be immediately updated to reflect each such change. 24
Likewise, once a new shared use plan for a tower site is approved, additional 25
towers and accessory buildings and uses may be added to that site in accordance 26
with the plan without additional conditional use approval, even if the site is then 27
nonconforming. The shared use plan shall be immediately updated to reflect each 28
change. 29
30
9. For each tower with a height in excess of 185 feet that is approved, the tower 31
owner shall be required, as a condition of approval, to file an approved shared use 32
plan, except when a government tower is approved to be perpetually unavailable. 33
To the extent that there is capacity for other antennas on the tower, the plan shall 34
commit the tower owner and all successor owners to allow shared use of the tower 35
in accordance with the shared use plan for antennas of others at reasonable rates. 36
The initial proposed rates (or a range of reasonable rates) shall be specified in the 37
shared use plan, and shall be amended each time the rates are changed. When 38
antenna space on a tower is rented to others, each rental agreement shall be filed 39
with the shared use plan. Any agreement that purports to reserve antenna space 40
for future use must be approved by the County Manager or designee. 41
10. For each new shared use tower site that is approved, the owner shall be required, 42
as a condition of approval, to file an approved shared use plan, except as to a 43
government site that is approved to be perpetually unavailable. If there is land 44
available on the site to accommodate additional towers and accessory facilities, 45
the plan shall commit the landowner and successor owners to accommodate such 46
additional facilities on the site at reasonable rents (or a range of reasonable rents) 47
which shall be specified in the shared use plan. When land is rented for facilities 48
on the site, the rental agreement shall be filed with the shared use plan. Any 49
agreement that purports to reserve land for future use of a tower and other facility 50
space must be approved by the County Manager or designee. 51
Exhibit A - Public Email
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1
11. Each new tower owner or site owner, as the case may be, shall agree, as a 2
condition of approval, to respond, in writing, in a comprehensive manner within 3
thirty (30 days) to each request for information from a potential shared use 4
applicant. Government owners need to reply only to requests from another 5
government. To the extent that correct and up-to-date information is contained in 6
an approved shared use plan, the owner may refer the applicant to the shared use 7
plan for the information. If the shared use plan is incorrect, incomplete, or 8
otherwise not up-to-date, the respective owner shall, in the response, specify, in 9
detail, such information, and shall immediately bring the shared use plan up-to-10
date. 11
12
12. The tower owner or site owner, as the case may be, shall, as a condition of 13
approval, negotiate in good faith for shared use of tower space and/or site space 14
by applicants in accordance with its shared use plan. 15
16
13. All conditions of approval regarding a tower shall run with the ownership of the 17
tower and be binding on all subsequent owners of the tower. All conditions of 18
approval regarding an approved tower site shall run with the land and be binding 19
on all subsequent owners of the tower site. 20
21
G. Development standards for communication towers. 22
23
1. Except to the extent that amateur radio towers, and ground-mounted antennas 24
with a height not to exceed twenty (20) feet, are exempted by subsection 5.05.09 25
herein, no new tower of any height shall be permitted in the RSF-1 through RSF-26
6, RMF-6, VR, MH, TTRVC, and E zoning districts. However, notwithstanding other 27
provisions of this section, including the separation requirements of subsection 28
5.05.09 G.7. below, towers may be allowed to any height as a conditional use in 29
the Estate (E) zoning district only on parcels designated as Urban or Rural Golden 30
Gate Estates Sub-Element in the Golden Gate Area Master Plan or sites approved 31
for a specified essential service listed in subsection 5.05.09 G.3. below. There shall 32
be no exception to this subsection except for conditional use applications by a 33
government for a governmental use. 34
35
2. Permitted ground-mounted towers. Towers not exceeding the stated maximum 36
heights are a permitted use, subject to other applicable provisions of this section, 37
including separate requirements and shared use provisions. towers that exceed 38
those specified maximum heights require a variance in accordance with section 39
9.04.00. 40
a. All commercial and industrial zoning districts and urban designated area 41
agricultural zoning districts: Any tower up to seventy-five (75) feet in height 42
is a permitted use, provided the base of such tower is separated a minimum 43
distance of seventy-five (75) feet from the nearest boundary with any parcel 44
of land zoned RSF-1 through RSF-6, RMF-6, E, RMF-12, RMF-16, RT, VR, 45
MH, TTRVC, or PUD permitting six (6) residential dwelling units or less. 46
Any tower that exceeds seventy-five (75) feet in height, up to a height of 47
185 feet, is a lawful use, only if permitted or otherwise provided in the 48
respective zoning district, and the base of such tower is separated from the 49
nearest boundary of any parcel of land zoned RSF-1 through RSF-6, RMF-50
6, E, RMF-12, RMF-16, RT, VR, MH, TTRVC, or PUD zoning of six (6) 51
Exhibit A - Public Email
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residential dwelling units or less, by a minimum distance in feet determined 1
by multiplying the height of the tower (in feet) by a factor of two and one-2
half (2.5). (The minimum separation distance is two and one-half (2 ½) 3
times the height of the tower.) towers which do not meet the separation 4
requirement may apply for a variance in accordance with section 9.04.00. 5
6
b. Agricultural zoning districts within the rural designated area: Towers shall 7
not exceed 250 feet in height. 8
9
c. All agricultural zoning districts: No tower that exceeds 250 feet in height 10
exclusive, of any antenna affixed thereto, shall be allowed on any site 11
comprising less than ten (10) acres under common ownership or control, 12
except such towers can be approved as a conditional use on sites of less 13
than ten (10) acres if the applicant cannot, with economic feasibility, 14
acquire title to, or control of, a suitable tower site of at least ten (10) acres 15
in the required geographic vicinity of the proposed tower site. 16
17
3. Essential services—Specified conditional uses Except in the RSF-1 through RSF-18
6, and RMF-6 zoning districts, towers may be allowed to any height as a conditional 19
use on sites approved for a conditional use essential service for any of the following 20
conditional uses: safety service facilities including, but not necessarily limited to, 21
fire stations, sheriff's substation or facility, emergency medical services facility, and 22
all other similar uses where a communications tower could be considered an 23
accessory or logically associated use with the safety service conditional use on the 24
site. In addition, communications towers can be approved as a conditional use for 25
a stand-alone essential service facility, provided the tower is to be owned by, or to 26
be leased to, a governmental entity, and the primary uses of the tower are for 27
governmental purposes. 28
29
4. New towers shall be installed only on rooftops in the RMF-12, RMF-16, and RT 30
zoning districts, except amateur radio towers with a height not to exceed seventy-31
five (75) feet above the natural grade, and ground-mounted antennas with a height 32
not to exceed twenty (20) feet above the natural grade, are permitted within these 33
zoning districts. 34
35
36
5. Ground-mounted monopole communication towers up to 150 feet in height above 37
the natural grade, including antennas affixed thereto, may be allowed as a 38
conditional use within these zoning districts. The height of each monopole 39
communication tower shall be limited to the height necessary for its use at its 40
location. 41
42
6. Rooftop towers, antenna structures, and antennas. 43
44
a. Rooftop towers, antenna structures, and antennas are allowed in all zoning 45
districts except the RSF-1 through RSF-6, RMF-6, and E zoning districts. 46
47
b. Rooftop towers, antenna structures, and antennas are, as specified, 48
subject to the following: 49
50
Exhibit A - Public Email
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i. Permitted uses. Rooftop antenna structures and antennas are a 1
permitted use up to a height of twenty (20) feet above the maximum 2
roofline, provided the height of the maximum roofline is twenty (20) 3
feet or more above the average natural grade. If the maximum 4
roofline is less than twenty (20) feet above the average natural 5
grade, an antenna structure and/or antenna is a permitted use up 6
to a height that equals the distance from the average natural grade 7
to the maximum roofline. For example, if the distance from the 8
average natural grade to the maximum point of the roofline is fifteen 9
(15) feet, an antenna structure and/or antenna is a permitted use 10
up to a height of fifteen (15) feet above the maximum roofline. Any 11
antenna structure, tower, or antenna that exceeds its permitted use 12
height, as provided herein, shall require conditional use approval, 13
and the maximum allowable height of the structure, tower, and all 14
antennas shall be determined in each specific case. Distance from 15
RSF-1 through RSF-6, and RMF-6 zoning districts shall be a major 16
consideration in determining the allowable height of rooftop 17
facilities. 18
19
ii. Towers and antenna structures shall be set back from the closest 20
outer edge of the roof a distance of not less than ten (10) percent 21
of the rooftop length and width, but not less than five (5) feet, if the 22
antenna can function at the resulting location. 23
24
iii. Antenna structures and dish type antennas shall be painted to make 25
them unobtrusive. 26
27
iv. Except for antennas that cannot be seen from street level, such as 28
panel antennas on parapet walls, antennas shall not extend out 29
beyond the vertical plane of any exterior wall. 30
31
v. Where technically feasible, dish type antennas shall be constructed 32
of open mesh design. 33
34
vi. Where feasible, the design elements of the building (i.e., parapet 35
wall, screen enclosures, other mechanical equipment) shall be 36
used to screen the communications tower, structure, and antennas. 37
38
vii. The building and roof shall be capable of supporting the roof-39
mounted antenna, structure, and tower. 40
i. No rooftop shall be considered a tower site. This section does not 41
require any sharing of any rooftop, rooftop tower, or antenna 42
structure. 43
44
7. With the exception of rooftop towers and towers on essential services sites, each 45
new communication tower shall meet the following separation requirements: 46
47
a. Each new tower that exceeds 185 feet in height shall be located not less 48
than two and one-half (2.5) times the height of the tower from all RSF-1 49
through RSF-6, and RMF-6 zoning districts, including PUDs where the 50
adjacent use(s) is/are, or comparable to, the RSF-1 through RSF-6 and 51
Exhibit A - Public Email
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RMF-6 zoning districts. If a part of a PUD is not developed, and it is 1
inconclusive whether the part of a PUD area within such minimum 2
separation distance from the proposed tower site may be developed with a 3
density of six (6) units per acre or less, it shall be presumed that the PUD 4
area nearest to the proposed site will be developed at the lowest density 5
possible under the respective PUD. 6
7
b. In addition, each such new tower that exceeds a height of seventy-five (75) 8
feet, excluding antennas, shall be separated from all boundaries of 9
surrounding property zoned RMF-12, RMF-16, E, RT, VR, MH, TTRVC, H, 10
and the residential areas of PUDs with existing or planned densities greater 11
than six (6) units per acre by not less than the total height of the tower 12
including its antennas; and from all other surrounding property boundaries 13
by a distance not less than one-half (½) the height of the tower and its 14
antennas, or the tower's certified collapse area, whichever distance is 15
greater. 16
17
c. Communication towers in the Estate (E) zoning district shall be separated 18
from residentially zoned properties as follows: 19
20
i. New towers up to 75 feet in height shall be located not less than the 21
total height of the tower and antennas from all residentially zoned 22
properties. 23
24
ii. New towers over 75 feet in height shall be located not less than two 25
and one-half times the height of the tower and antennas, or the 26
certified collapse area, whichever distance is greater, from all 27
residentially zoned properties. 28
29
8. All owners of approved towers are jointly and severally liable and responsible for 30
any damage caused to off-site property as a result of a collapse of any tower 31
owned by them. 32
33
9. Placement of more than one (1) tower on a land site is preferred and encouraged, 34
and may be permitted, provided, however, that all setbacks, design, and landscape 35
requirements are met as to each tower. structures may be located as close to each 36
other as technically feasible, provided tower failure characteristics of the towers on 37
the site will not likely result in multiple tower failures in the event that one (1) tower 38
fails, or will not otherwise present an unacceptable risk to any other tower on the 39
site. It shall be the policy of the County to make suitable County-owned land 40
available for towers and ancillary facilities at reasonable rents. 41
42
43
10. Any accessory buildings or structures shall meet the minimum yard requirements 44
for the respective zoning district. accessory uses shall not include offices, long-45
term vehicle storage, outdoor storage, broadcast studios except for temporary 46
emergency purposes, or other structures and/or uses that are not needed to send 47
or receive transmissions, and in no event shall such uses exceed twenty-five (25) 48
percent of the floor area used for transmission or reception equipment and 49
functions. Transmission equipment shall be automated, to the greatest extent 50
economically feasible, to reduce traffic and congestion. Where the site abuts, or 51
Exhibit A - Public Email
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has access to, a collector street, access for motor vehicles shall be limited to the 1
collector street. All equipment shall comply with the then applicable noise 2
standards. 3
4
11. For new commercial towers exceeding 185 feet in height, a minimum of two (2) 5
parking spaces shall be provided on each site. An additional parking space for 6
each two (2) employees shall be provided at facilities which require on-site 7
personnel. Facilities which do not require on-site personnel may utilize impervious 8
parking. 9
10
11
12. All new tower bases, guy anchors, outdoor equipment, accessory buildings, and 12
accessory structures shall be fenced. This provision does not apply to amateur 13
radio towers, or to ground-mounted antennas that do not exceed twenty (20) feet 14
above grade. 15
16
13. Tower lighting. Towers and antennas with a height greater than 150 feet shall be 17
required to have red beacon or dual mode lights, unless exempted, in writing, by 18
the Collier County Mosquito Control District. Such lights shall meet the then 19
existing Federal Aviation Administration ("FAA") technical standards. No other 20
towers or antennas shall be artificially lighted, except as required by the FAA, the 21
Federal Communications Commission, or other applicable laws, ordinances, or 22
regulations. If the FAA rules require lighting, then the applicant shall comply with 23
such rules. 24
25
New towers exceeding 199 feet. Each new tower that will have a height in excess 26
of one hundred and ninety-nine (199) feet above ground, exclusive of antennas, 27
and such tower shall be lighted no more than is otherwise required by state and/or 28
federal law, rule, or regulation. Unless otherwise then required by law, rule or 29
regulation, only white strobe lights shall be used at night, unless otherwise required 30
by the FAA, in which case red strobe-type lights shall be used. Such lights shall 31
not exceed the minimum number, minimum intensity, and minimum light flashes 32
per interval of time (requiring the longest allowable duration between light flashes) 33
required by state or federal law, rule, or regulation. Solid red (or pulsating red) 34
warning lights shall not be used at night. 35
36
14. All guyed towers exceeding 185 feet in height shall be inspected every three (3) 37
years. Self-supporting towers shall be inspected every five (5) years. Each 38
inspection shall be conducted by a qualified professional engineer or other 39
qualified professional inspector, and any inspector-recommended repairs and/or 40
maintenance should be completed without unnecessary delay. At a minimum, each 41
inspection shall include the following: 42
43
a. Tower structure: Including bolts, loose or damaged members, and signs of 44
unusual stress or vibration. 45
46
b. Guy wires and fittings: Check for age, strength, rust, wear, general 47
condition, and any other signs of possible failure. 48
49
Exhibit A - Public Email
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c. Guy anchors and foundations: Assess for cracks in concrete, signs of 1
corrosion, erosion, movement, secure hardware, and general site 2
condition. 3
4
d. Condition of antennas, transmission lines, lighting, painting, insulators, 5
fencing, grounding, and elevator, if any. 6
7
e. For guyed towers: Tower vertical alignment and guy wire tension (both 8
required tension and present tension). 9
10
15. A copy of each inspection report shall be filed with the County Manager not later 11
than December 1 of the respective inspection year. If the report recommends that 12
repairs or maintenance are required, a letter shall be submitted to the County 13
Manager to verify that such repairs and/or maintenance have been completed. The 14
County shall have no responsibility under this section regarding such repairs 15
and/or maintenance. 16
17
16. Any tower that is voluntarily not used for communications for a period of one (1) 18
year shall be removed at the tower owner's expense. If a tower is not removed 19
within three (3) months after one (1) year of such voluntary non-use, the County 20
may obtain authorization, from a court of competent jurisdiction, to remove the 21
tower and accessory items, and, after removal, shall place a lien on the subject 22
property for all direct and indirect costs incurred in dismantling and disposal of the 23
tower and accessory items, plus court costs and attorney's fees. 24
25
17. For all ground-mounted guyed towers in excess of seventy-five (75) feet in height, 26
the site shall be of a size and shape sufficient to provide the minimum yard 27
requirements of that zoning district between each guy anchor and all property lines. 28
29
18. All new metal towers, including rooftop towers, except amateur radio towers, shall 30
comply with the standards of the then latest edition published by the Electric 31
Industries Association (currently EIA/TIA 222-E) or the publication's successor 32
functional equivalent, unless amended for local application by resolution of the 33
BCC. Each new amateur radio tower with a height of seventy-five (75) feet or less 34
shall require a building permit specifying the exact location and the height of the 35
tower exclusive of antennas. Each new ground-mounted dish type antenna that 36
does not exceed a height of twenty (20) feet shall require a building permit. 37
38
19. Within the proposed tower's effective radius, information that specifies the tower's 39
physical location, in respect to public parks, designated historic buildings or 40
districts, areas of critical concern, and conservation areas, shall be submitted as 41
part of the conditional use application. This shall also apply to site plan applications 42
and/or permit applications for rooftop installations that do not require conditional 43
use approval. 44
45
20. No communication tower shall be located on any land or water if such location 46
thereon creates, or has the potential to create, harm to the site as a source of 47
biological productivity, as indispensable components of various hydrologic 48
regimes, or as irreplaceable and critical habitat for native species of flora or fauna. 49
50
Exhibit A - Public Email
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21. Any existing native vegetation on the site shall be preserved and used to meet the 1
minimum landscape requirements as required by section 4.06.00. The site plan 2
shall show existing significant vegetation to be removed and vegetation to be 3
replanted to replace that lost. native vegetation may constitute part or all of the 4
required buffer area if its opacity exceeds eighty (80) percent. 5
6
22. As to communications towers and antennas, including rooftop towers, antenna 7
structures, and antennas, the height provisions of this section supersede all other 8
height limitations specified in this Code. 9
10
23. All existing and proposed ground mounted and rooftop towers and antennas with 11
a height greater than 150 feet shall be required to have a solid red beacon or dual 12
mode lights unless exempted in writing by the Collier Mosquito Control District. 13
Such lights shall meet the then existing Federal Aviation Administration (FAA) 14
technical standards. The total structure height shall include all appendages and 15
attachments, such as antennas, lights, lightening rods, or any other accessory 16
device that would extend the height of the tower. All existing towers shall have six 17
months (180 days) from June 16, 2005, to comply with the requirement. If the FAA 18
rules require lighting, then the applicant shall comply with such rules. 19
20
24. A copy of each application for a tower in excess of 150 feet shall be supplied by 21
the applicant to the Collier Mosquito Control District or designee. 22
23
25. Communication towers in the Estates (E) Zoning District. 24
25
Communication towers are allowed on parcels designated as Urban or Rural 26
Golden Gate Estates Sub-element in the Golden Gate Area Master Plan and are 27
subject to the following: 28
29
a. The parcel is a minimum 2.25 acres and adjacent to an arterial or collector 30
road. 31
32
b. The communications provider has provided evidence that the 33
communication provider's search radius for tower placement requires 34
placement of the tower in the Estates Zoning District to meet its coverage 35
requirements and the tower cannot be co-located on an existing tower and 36
provide the same service coverage. 37
38
c. All security and site lighting shall be less than 20 feet above grade, fully 39
shielded, and directed away from neighboring properties. 40
d. Fencing height and landscaping. The required perimeter wall or fence 41
height shall be a minimum of eight feet from finished grade of base 42
supporting structure and no greater than 10 feet. A minimum 15 feet 43
landscape Type B buffer along the perimeter of wall or fence is required 44
and tree plantings within the buffer shall be 12 feet tall at time of planting. 45
46
e. Equipment cabinets. Overall height of ground-mounted equipment or 47
equipment enclosure shall not exceed 12 feet. 48
49
H. Alligator Alley communication towers. 50
51
Exhibit A - Public Email
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1. Notwithstanding other provisions of section 5.05.09, and irrespective of the zoning 1
classification(s) of the underlying fee at each respective tower site, two (2) new 2
communication towers shall be permitted at locations and heights herein specified 3
within the I-75 right-of-way east of the toll booth (Alligator Alley). Two (2) of the 4
four (4) towers shall be constructed to replace two (2) existing Florida Department 5
of Transportation towers. The four (4) new telecommunication tower sites shall be 6
located approximately at: 7
8
a. Mile marker 52.2. The height of the tower shall not exceed 250 feet, 9
including antennas; 10
11
b. Mile marker 92.6 (Everglades Blvd). The height shall not exceed 250 feet, 12
including antennas; 13
14
c. The site of an existing FDOT tower located on State Road 29. The height 15
shall not exceed 310 feet, including antennas; 16
17
d. The site of an existing FDOT tower located at mile marker 63.2 at the I-75 18
Rest Area. It will replace an existing tower located on the north side of I-75 19
at mile marker 63.3. The height shall not exceed 280 feet, including 20
antennas; 21
22
e. Each tower shall be constructed with a capacity to provide for a minimum 23
of four (4) to eight (8) co-users, including Florida Department of 24
Transportation ("FDOT"), the U.S. Fish and Wildlife Service ("FWS"), the 25
National Park Service ("NPS"), the Department of Forestry ("DOF"), and 26
County agencies, where practical. 27
28
2. Each tower shall be constructed in accordance with the standards and 29
requirements of section 5.05.09 and other applicable sections of this Code, except 30
as expressly provided otherwise in this section. 31
32
3. Minimum yard requirements. There shall be no minimum yard requirement for 33
these towers at these locations because each tower and all ancillary facilities must 34
be contained within the I-75 right-of-way, and each proposed tower must maintain 35
a separation distance from all adjacent residential property lines equal to one-half 36
(½) of the tower's height or equal to a Florida professional engineer's certified 37
collapse area (fall zone), whichever is greater, or a clear zone is maintained on 38
adjoining property by a use easement applicable to such adjoining property owner. 39
No habitable residential or non-residential structure, including offices, shall be 40
allowed within any certified collapse area (fall zone) for any of these towers. 41
42
4. Access. Physical access to each tower site shall be as approved by FDOT. 43
44
5. Parking. Sufficient unpaved area shall be provided on, or adjacent to, each tower 45
site to accommodate temporary parking for one (1) vehicle for servicing or 46
maintaining the communication tower. 47
48
6. Landscape buffer. A landscape buffer no less than ten (10) feet wide with trees 49
planted twenty-five (25) feet on center shall be developed and maintained around 50
the perimeter of each tower site and other related equipment, structures, and 51
Exhibit A - Public Email
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buildings. This buffer shall encompass all structures including the tower base. At 1
least one (1) row of native vegetation shall be planted within the buffer to form a 2
continuous hedge of at least three (3) feet in height at planting. The buffer must be 3
maintained in good condition. This landscape buffer may be waived by the County 4
Manager or designee where the buffer is not practical due to public safety 5
concerns. 6
7
7. A site development plan and construction plans shall be submitted to the County 8
Manager or designee for review and approval prior to any construction of any such 9
tower. No changes, additions, or alterations may be made to any approved site 10
development plan or construction plans for any such tower without County 11
approval. 12
13
8. Tower lighting. In addition to the requirements for tower lights specified in section 14
5.05.09 of this Code, towers located in the Big Cypress Preserve and the Florida 15
Panther National Wildlife Preserve shall be lighted in accordance with the USFWS 16
guidance system requirements for tower lighting. 17
18
9. Notwithstanding any other provision in this Code, and notwithstanding the 19
underlying zoning of the respective tower site, subject to the following, the 20
communication towers and accessory facilities ("facilities") listed above, and all 21
such future facilities, are lawful uses, if located within the confines of the I-75 right-22
of-way east of the Alligator Alley toll booth to the eastern boundary of Collier 23
County. 24
25
10. The tower and related facilities shall be subject to conditional use approval 26
whenever the tower is to exceed a height of twenty (20) feet. Towers that are to be 27
twenty (20) feet or less in height require only building permit approval from the 28
County. 29
30
a. As all such facilities must be located within the I-75 right-of-way, the 31
facilities must be subject to approval from the owner of that right-of-way, 32
including such conditions as may be required by that owner. The owner of 33
said right-of-way is the State of Florida, by and through the Florida 34
Department of Transportation. 35
36
b. The facilities must be owned by, or leased to, a governmental entity. The 37
primary uses of the facilities shall be governmental uses. Private uses of 38
the facilities, if any, shall always be incidental and subordinate to the 39
governmental uses. 40
41
c. Notwithstanding any other provision in section 5.05.09, the facilities shall 42
be subject to the tower sharing requirements of section 5.05.09 if the tower 43
is to exceed a height of 120 feet, unless the tower is a monopole. If the 44
tower is to be used only for governmental uses, the tower need be shared 45
only with other governmental entities. If the tower is to be occupied by an 46
antenna under control of a non-governmental occupant of the tower and is 47
to be used for any non-governmental use(s), the tower sharing 48
requirements that apply to non-government occupants shall be adhered to 49
as a prerequisite to occupancy of the tower. 50
51
Exhibit A - Public Email
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I. Wireless emergency telephone service. Notwithstanding any other provisions of this 1
section 5.05.09, the following provisions shall apply to communications towers that provide 2
wireless emergency telephone service. 3
4
1. These facilities are essential services. 5
6
2. Each applicant for these permits is required to clearly inform County staff by means 7
of an emboldened "notice" in a cover letter or on the first page of the permit 8
application, substantially as follows: This Application is subject to the expedited 9
timelines specified in Chapter 365.172, Florida Statutes. 10
11
3. Applicants for these permits need not provide staff with evidence that a proposed 12
wireless communications facility complies with federal regulations, but staff may 13
require from such applicant proof of proper FCC licensure, and staff may request 14
the FCC to provide information as to the provider's compliance with federal 15
regulations to the extent then authorized by federal law. The County has no 16
permitting jurisdiction with regard to wireless communications facilities located (or 17
to be located) on property owned by the State of Florida, including State-owned 18
rights-of-way. 19
20
4. Co-located facilities. Provided the then existing zoning applicable to the proposed 21
site allows E911 facilities without a need to rezone, a need to obtain conditional 22
use approval, or any other required process (such as, for example, having an 23
agreement amended), the County shall grant or deny a properly completed 24
application requesting co-location of E911 Service, or co-location for wireless 25
telephone service, not later then forty-five (45) business days after the date that a 26
properly completed application is initially submitted to staff in accordance with all 27
applicable permit application requirements in this section 5.05.09. Co-location of 28
such facilities on a then existing above-ground tower or other above-ground 29
structure shall not be subject to the land development regulations pursuant to 30
Section 163.3202, Florida Statutes, provided the height of the then existing tower 31
or structure is not thereby increased. Co-location of such antenna, or co-location 32
of related equipment, shall be subject to applicable building regulations, and with 33
all then existing permits or agreements applicable to that tower or to the underlying 34
property. Nothing herein, including the forty-five (45) business days timeline, shall 35
relieve the permit holder for, or owner of, the then existing tower or structure from 36
complying with applicable permit requirements, or applicable agreement(s), or with 37
applicable land development regulation (including aesthetic requirement), or 38
compliance with any other then applicable law(s). 39
40
5. New towers or antennas. Pursuant to Section 365.172, Florida Statutes, the 41
County shall grant or deny an application requesting location of a new wireless 42
telephone service tower, or for location of antenna(s) for wireless telephone 43
service, not later then ninety (90) business days after the date that an application 44
that fully complies with the requirements of this section 5.05.09 is submitted, 45
provided the then existing zoning applicable to the proposed site allows the E911 46
facilities without need to rezone, the need to apply for conditional use approval, or 47
other required procedures. Provided further that nothing herein shall affect permit 48
compliance of such facilities with applicable federal regulations, applicable zoning 49
and/or land development regulations (including aesthetic requirements), or with 50
applicable building regulations. 51
Exhibit A - Public Email
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1
6. Sufficiency notice. Within twenty (20) business days of receiving the permit 2
application for any facility listed above in paragraphs (4) and (5) above, staff shall 3
in writing notify the permit applicant whether the application is, or is not, properly 4
completed. If such permit application is not properly completed, staff shall with 5
specificity notify the applicant of any and all deficiencies, which if cured will thereby 6
render the application being properly completed. Staff should also notify the 7
applicant whether the applicable zoning classification allows the applied-for use(s) 8
without rezoning, without conditional use approval, or without any other related 9
ancillary approval process or permission. 10
11
7. Default approval. 12
13
a. An application for E911 service, co-location of wireless telephone service, 14
or new location for wireless telephone service or antennae shall be deemed 15
to have been automatically granted provided that: 16
17
i. Such service or facility is allowed in the applicable zoning district 18
without a rezone, without the need to apply for a conditional use, or 19
without the need to apply for some other permit; 20
21
ii. The County fails to either grant or deny the applied-for permit within 22
the time frames set forth in paragraphs (4) and (5) above, as 23
applicable; and 24
25
iii. The applicant has not agreed to an extension of time, as provided 26
in paragraph (8) below. 27
28
b. However, the applied-for permit shall not be deemed granted if final action 29
requires action by the BCC, but such action is prevented due to emergency 30
conditions beyond the County's control. In such instance, the time for final 31
action on the application shall be extended until the next regularly 32
scheduled meeting of the BCC. The permit shall be deemed to be granted 33
if the BCC fails to take final action at that time. 34
35
8. Waiver. Extensions of the above-described applicable timelines (deadlines) shall 36
not be effective except to the extent voluntarily agreed to by the permit applicant. 37
Narrow exception: a one-time timeline waiver may be required if there then exists 38
an emergency that directly affects the administration of all of the County's 39
communications tower permitting activities which had been formally declared by 40
the County, by the State of Florida, or by the federal government. 41
42
# # # # # # # # # # # # # 43
Exhibit A - Public Email
Attendance Sign -In Sheet
Development Services Advisory Committee —Land Development Review Subcommittee
Tuesday, October 17, 2023
GMCDD Building, Conference Room 609/610
3:00 PM
Committee Members
Clay Brooker
Jeff Curl -- �-
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Blair Foley
Mark McLean
Robert Mulhere
Staff Members
Eric Johnson, LDC Planning
Managerl$/Z3
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Richard Henderlong, Planner
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Marissa Fewell, Planner III
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Maria Estrada, Planner IId
Mike Bosi, Planning and Zoning
Division
Director
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