CCPC Agenda 12/07/2023 5 pm
Collier County Planning Commission Page 1 Printed 12/1/2023
COLLIER COUNTY
Collier County Planning Commission
AGENDA
Board of County Commission Chambers
Collier County Government Center
3299 Tamiami Trail East, 3rd Floor
Naples, FL 34112
December 7, 2023
5: 05 PM
Edwin Fryer- Chairman
Joseph Schmitt, Environmental - Vice-Chair
Paul Shea, Environmental - Secretary
Christopher Vernon
Robert Klucik, Jr.
Randy Sparrazza
Chuck Schumacher
Amy Lockhart, Collier County School Board
Note: Individual speakers will be limited to 5 minutes on any item. Individuals selected to speak
on behalf of an organization or group are encouraged and may be allotted 10 minutes to speak on
an item if so recognized by the chairman. Persons wishing to have written or graphic materials
included in the CCPC agenda packets must submit said material a minimum of 10 days prior to
the respective public hearing. In any case, written materials intended to be considered by the
CCPC shall be submitted to the appropriate county staff a minimum of seven days prior to the
public hearing. All material used in presentations before the CCPC will become a permanent part
of the record and will be available for presentation to the Board of County Commissioners if
applicable.
Any person who decides to appeal a decision of the CCPC will need a record of the proceedings
pertaining thereto, and therefore may need to ensure that a verbatim record of the proceedings is
made, which record includes the testimony and evidence upon which the appeal is to be based.
December 2023
Collier County Planning Commission Page 2 Printed 12/1/2023
1. Pledge of Allegiance
2. Roll Call By Secretary
3. Public Hearings
A. Advertised
1. PL20220005067 LDCA - Scrivener's Errors - An Ordinance of the Board of County
Commissioners of Collier County, Florida, amending Ordinance Number 04-41, as
amended, the Collier County Land Development Code and Zoning Atlas, which
includes the comprehensive land regulations for the unincorporated area of Collier
County, Florida, to update citations and correct scrivener’s errors. [Coordinator:
Marissa Fewell, Planner III]
2. PL20230013966 LDCA - Wireless Communications Facilities - An Ordinance of the
Board of County Commissioners of Collier County, Florida, amending Ord. No. 04-
41, as amended, the Collier County Land Development Code (LDC) & Zoning Atlas,
which includes the comprehensive land regulations for the unincorporated area of
Collier County, Florida, to update the provisions related to wireless communication
facilities. [Marissa Fewell, Planner III]
3. PL20220006373 LDCA - Mobile Food Dispensing Vehicles and Food Truck Parks -
An Ordinance of the Board of County Commissioners of Collier County, Florida,
amending Ordinance Number 04-41, as amended, the Collier County Land
Development Code, which includes the comprehensive land regulations for the
unincorporated area of Collier County, Florida, to allow Food Truck Parks in the
Commercial Intermediate District (C-3), General Commercial District (C-4), Heavy
Commercial District (C-5), Business Park District (BP), Industrial District (I),
Public Use District (P), and establishing regulations for Mobile Food Dispensing
Vehicles and Food Truck Parks, by providing for: Section One, Recitals; Section
Two, Findings of Fact; Section Three, adoption of amendments to the Land
Development Code, more specifically amending the following: Chapter One -
General Provisions, including Section 1.08.02 - Definitions; Chapter Two - Zoning
Districts and Uses, including Section 2.03.03 - Commercial Zoning Districts, Section
2.03.04 - Industrial Zoning Districts, and Section 2.03.05 - Civic and Institutional
Zoning Districts; Chapter Four – Site Design and Development Standards.
Including Section 4.05.04 - Parking Space Requirements; Chapter Five -
Supplemental Standards, creating new Section 5.05.16 - Mobile Food Dispensing
Vehicles and Food Truck Parks; Section Four, Conflict and Severability; Section
Five, Inclusion in the Collier County Land Development Code; and Section Six,
Effective Date. [Coordinator: Richard Henderlong, Planner III]
4. Public Comment
5. Adjourn
Page 1 of 2
AGENDA
COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 5:05 P.M. DECEMBER 7, 2023, IN
THE BOARD OF COUNTY COMMISSIONERS MEETING ROOM, ADMINISTRATION BUILDING,
COUNTY GOVERNMENT CENTER, THIRD FLOOR, 3299 TAMIAMI TRAIL EAST, NAPLES,
FLORIDA 34112.
INDIVIDUALS WHO WOULD LIKE TO PARTICIPATE REMOTELY SHOULD REGISTER AT
https://bit.ly/12723CCPCNIGHTTIME
ANY TIME AFTER THE AGENDA IS POSTED ON THE COUNTY WEBSITE, WHICH IS 6 DAYS
BEFORE THE MEETING OR THROUGH THE LINK PROVIDED ON THE FRONT PAGE OF THE
COUNTY WEBSITE AT http://colliercountyfl.iqm2.com/Citizens/default.aspx INDIVIDUALS WHO
REGISTER WILL RECEIVE AN EMAIL IN ADVANCE OF THE PUBLIC HEARING DETAILING HOW
THEY CAN PARTICIPATE REMOTELY IN THIS MEETING. FOR ADDITIONAL INFORMATION
ABOUT THE MEETING, PLEASE EMAIL TO AILYN PADRON AT: Alyn.Padron@CollierCountyFL.gov
.
NOTE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES ON ANY ITEM. INDIVIDUALS
SELECTED TO SPEAK ON BEHALF OF AN ORGANIZATION OR GROUP ARE ENCOURAGED AND
MAY BE ALLOTTED 10 MINUTES TO SPEAK ON AN ITEM IF SO, RECOGNIZED BY THE
CHAIRMAN. PERSONS WISHING TO HAVE WRITTEN OR GRAPHIC MATERIALS INCLUDED IN
THE CCPC AGENDA PACKETS MUST SUBMIT SAID MATERIAL A MINIMUM OF 10 DAYS PRIOR
TO THE RESPECTIVE PUBLIC HEARING. IN ANY CASE, WRITTEN MATERIALS INTENDED TO
BE CONSIDERED BY THE CCPC SHALL BE SUBMITTED TO THE APPROPRIATE COUNTY STAFF
A MINIMUM OF SEVEN DAYS PRIOR TO THE PUBLIC HEARING. ALL MATERIAL USED IN
PRESENTATIONS BEFORE THE CCPC WILL BECOME A PERMANENT PART OF THE RECORD
AND WILL BE AVAILABLE FOR PRESENTATION TO THE BOARD OF COUNTY COMMISSIONERS
IF APPLICABLE.
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE CCPC WILL NEED A RECORD OF
THE PROCEEDINGS PERTAINING THERETO AND, THEREFORE MAY NEED TO ENSURE THAT A
VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE
TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
1. PLEDGE OF ALLEGIANCE
2. ROLL CALL BY SECRETARY
3. ADDENDA TO THE AGENDA
4. PLANNING COMMISSION ABSENCES
5. APPROVAL OF MINUTES
6. BCC REPORT- RECAPS
7. CHAIRMAN’S REPORT
8. CONSENT AGENDA
9. PUBLIC HEARINGS
Page 2 of 2
A. ADVERTISED:
1. PL20220005067 LDCA - Scrivener's Errors - An Ordinance of the Board of County
Commissioners of Collier County, Florida, amending Ordinance Number 04-41, as amended, the
Collier County Land Development Code and Zoning Atlas, which includes the comprehensive land
regulations for the unincorporated area of Collier County, Florida, to update citations and correct
scrivener’s errors. [Coordinator: Marissa Fewell, Planner III]
2. PL20230013966 LDCA - Wireless Communications Facilities - An Ordinance of the Board of
County Commissioners of Collier County, Florida, amending Ord. No. 04-41, as amended, the
Collier County Land Development Code (LDC) & Zoning Atlas, which includes the comprehensive
land regulations for the unincorporated area of Collier County, Florida, to update the provisions
related to wireless communication facilities [Marissa Fewell, Planner III]
3. PL20220006373 LDCA - Mobile Food Dispensing Vehicles and Food Truck Parks - An
Ordinance of the Board of County Commissioners of Collier County, Florida, amending Ordinance
Number 04-41, as amended, the Collier County Land Development Code, which includes the
comprehensive land regulations for the unincorporated area of Collier County, Florida, to allow
Food Truck Parks in the Commercial Intermediate District (C-3), General Commercial District (C-
4), Heavy Commercial District (C-5), Business Park District (BP), Industrial District (I), Public Use
District (P), and establishing regulations for Mobile Food Dispensing Vehicles and Food Truck
Parks, by providing for: Section One, Recitals; Section Two, Findings of Fact; Section Three,
adoption of amendments to the Land Development Code, more specifically amending the following:
Chapter One - General Provisions, including Section 1.08.02 - Definitions; Chapter Two - Zoning
Districts and Uses, including Section 2.03.03 - Commercial Zoning Districts, Section 2.03.04 -
Industrial Zoning Districts, and Section 2.03.05 - Civic and Institutional Zoning Districts; Chapter
Four – Site Design and Development Standards. Including Section 4.05.04 - Parking Space
Requirements; Chapter Five - Supplemental Standards, creating new Section 5.05.16 - Mobile Food
Dispensing Vehicles and Food Truck Parks; Section Four, Conflict and Severability; Section Five,
Inclusion in the Collier County Land Development Code; and Section Six, Effective Date.
[Coordinator: Richard Henderlong, Planner III]
10. OLD BUSINESS
11. NEW BUSINESS
12. PUBLIC COMMENT
13. ADJOURN
12/07/2023
COLLIER COUNTY
Collier County Planning Commission
Item Number: 3.A.1
Doc ID: 27178
Item Summary: PL20220005067 LDCA - Scrivener's Errors - An Ordinance of the Board of County
Commissioners of Collier County, Florida, amending Ordinance Number 04 -41, as amended, the Collier County
Land Development Code and Zoning Atlas, which includes the comprehensive land regulations for the
unincorporated area of Collier County, Florida, to update citations and correct scrivener’s errors. [Coordinator:
Marissa Fewell, Planner III]
Meeting Date: 12/07/2023
Prepared by:
Title: Planner, Principal – Zoning
Name: Eric Johnson
11/14/2023 9:20 AM
Submitted by:
Title: Zoning Director – Zoning
Name: Mike Bosi
11/14/2023 9:20 AM
Approved By:
Review:
Planning Commission Diane Lynch Review item Completed 11/14/2023 5:38 PM
Zoning Eric Johnson Additional Reviewer Completed 11/16/2023 8:43 AM
Operations & Regulatory Management Donna Guitard Review Item Completed 11/16/2023 3:22 PM
Zoning Mike Bosi Division Director Completed 11/21/2023 2:53 PM
Growth Management Community Development Department James C French GMD Deputy Dept Head Completed
11/27/2023 3:37 PM
Planning Commission Ray Bellows Meeting Pending 12/07/2023 5:05 PM
3.A.1
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LAND DEVELOPMENT CODE AMENDMENT
PETITION
PL20220005067
SUMMARY OF AMENDMENT
This amendment corrects scrivener’s errors and updates cross-references
related to various Land Development Code (LDC) sections.
ORIGIN
Growth Management
Community Development
Department (GMCDD)
HEARING DATES LDC SECTION TO BE AMENDED
BCC TBD 1.08.01
1.08.02
2.02.02
2.03.01
2.03.02
2.03.03
2.03.07
2.03.08
4.02.14
4.03.03
4.06.04
5.05.15
6.01.02
10.02.04
10.02.08
Appendix C
Abbreviations
Definitions
District Nomenclature
Agricultural Districts
Residential Zoning Districts
Commercial Zoning Districts
Overlay Zoning Districts
Rural Fringe Zoning Districts
Design Standards for Development in the ST and ACSC-ST
Districts
Subdivision Exemptions
Trees and Vegetation Protection
Conversion of Golf Courses
Easements
Requirements for Preliminary and Final Subdivision Plats
Requirements for Amendments to the Official Zoning Atlas
FINAL SUBDIVISION PLAT, REQUIRED
CERTIFICATIONS AND SUGGESTED TEXT AND
FORMATS FOR OTHER REQUIRED INFORMATION
CCPC 12/07/2023
DSAC 11/01/2023
11/02/2022
DSAC-
LDR
10/17/2023
08/24/2022
ADVISORY BOARD RECOMMENDATIONS
DSAC-LDR
Approval
DSAC
Approval
CCPC
TBD
BACKGROUND
This LDC amendment corrects scrivener’s errors and updates various citations/references throughout the LDC.
This staff-led effort required collaboration between Zoning and Development Review divisions in the GMCDD.
These changes are necessary to keep citations current and text appropriate. Research to relevant codes was applied
for validity. This amendment makes corrections in the following LDC sections:
LDC section 1.08.01.: Update the C-1 Zoning District title.
LDC section 1.08.01.: Removal of abbreviation for Residential Neighborhood Commercial Subdistrict.
LDC section 1.08.01.: The “s” in “Village Residential Zoning Districts” should be removed.
LDC section 1.08.02.: This is an editorial correction to correct punctuation.
LDC section 1.08.02.: LDC section 2.05.02 is referenced when the correct reference should be LDC section
2.05.01.
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LDC section 2.02.02 D.: Addition of “BP” to include the Business Park District.
LDC section 2.03.01 B.1.c.5.: The reference to LDC subsection 2.03.01 B.3.f. is incorrect. The correct reference
is LDC subsection 2.03.01 B.1.c.6.
LDC section 2.03.02 A.1.c.7.: The reference to LDC subsection 2.03.02 3.h. is incorrect. The correct reference is
LDC subsection 2.03.02 A.1.c.8.
LDC section 2.03.03 B.1.c.8.: The word “principle” should read “principal.” The word has a different meaning.
This section is referring to the primary uses listed in LDC section 2.03.03 B.1.a.
LDC section 2.03.03 C.1.a.42.: The chapter citation of the Florida Administrative Code (F.A.C.) is cited
incorrectly. There is no chapter 589A-36. Chapter 59A-36 is appropriate, it being entitled “Assisted Living
Facility,” with this LDC section referring to this subject.
LDC section 2.03.07 F.2.b.: LDC section 4.02.06 is referenced as it pertains to the design standards for the
GGPOD zoning overlay. This citation is incorrect. The GGPOD zoning overlay should cite LDC section 4.02.26.
These design standards have been in this section since their adoption in the LDC.
LDC section 2.03.07 G.6.d.: LDC section 2.03.06 G.6.c.i. is referenced, however section 2.03.06 G.6.c.i. does
not exist. The section should read 2.03.07 G.6.c.i.
LDC section 2.03.07 I.3.a.: This section of the LDC references section V.F. from the Future Land Use Element
(FLUE). This is an incorrect citation. The FLUE was updated and the referenced V.F. section changed to V.G.
LDC section 2.03.07 N.3.a.: The Future Land Use Element citation is incorrect and needs to be updated.
LDC section 2.03.07 N 4.b.iii.: LDC section 5.05.04 is referenced for guesthouse regulations, however, it should
be LDC section 5.03.03.
LDC section 2.03.08 A.2.b.(1)(C): The reference to LDC section 2.03.02(E) is incorrect. The correct reference
for the C-4 zoning district is LDC section C-4 is 2.03.03(D).
LDC section 2.03.08 B.1.a.(5): The LDC section citation for 2.03.08 C. is incorrect. The LDC section for Natural
resource protection area overlay district (NRPA) was changed from 2.03.08 C. to 2.03.08 B. with Ordinance
Number 2005-27 and this citation was not updated with it.
LDC section 2.03.08 B.1.b.: The typo, “eth” has remained in this section since the current, amended LDC
Ordinance 2004-41 was adopted.
LDC section 4.02.14 B.: Update the reference to State of Florida “Department of Economic Opportunity” to
“Department of Commerce”.
LDC section 4.03.03 G.3.k.: Update the reference to State of Florida “Department of Economic Opportunity” to
“Department of Commerce”.
LDC section 4.06.04. A.3.e.: This is an editorial correction, the removal of the word “and”.
LDC section 5.05.15 C.2.a.: This is an editorial correction to correct the labelling.
LDC section 6.01.02 C.: The word “principle” should read “principal.” The word has a different meaning. This
section is referring to the primary structures located on a lot.
LDC section 10.02.04 E.2.c.: This is an addition to LDC section 10.02.04 E.2.c. as “B.3 and” was added.
Construction plans are reviewed, and approval is pursuant on LDC section 10.02.04 B.3. and B.4., not 10.02.04
B.4. alone.
LDC section 10.02.08 B.1. thru B.3.: This is an editorial correction, the capitalization of proper nouns.
Appendix C A.7.: This is an editorial correction to correct punctuation.
DSAC-LDR Subcommittee Recommendation:
On October 17, 2023, the DSAC-LDR Subcommittee recommended approval of the LDC amendment.
3.A.1.a
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DSAC Recommendation:
On November 1, 2023, the DSAC recommended approval of the LDC amendment.
FISCAL & OPERATIONAL IMPACTS
There are no anticipated fiscal or operational
impacts associated with this amendment.
GMP CONSISTENCY
The proposed LDC amendment has been reviewed by
Comprehensive Planning staff and may be deemed
consistent with the GMP.
3.A.1.a
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Amend the LDC as follows:
1
1.08.01 – Abbreviations 2
3
* * * * * * * * * * * * * 4
5
C-1 Commercial Districts Commercial Professional and General Office District
6
* * * * * * * * * * * * * 7
8
RNC Residential Neighborhood Commercial Subdistrict
9
* * * * * * * * * * * * * 10
11
VR Village Residential Zoning Districts
12
* * * * * * * * * * * * * 13
# # # # # # # # # # # # # 14
15
1.08.02 – Definitions 16
17
* * * * * * * * * * * * * 18
19
Family care facility: A residential facility designed to be occupied by not more than 6 persons 20
under care, plus staff as required by rule 59A-36.010, F.A.C., and constituting a single dwelling 21
unit (i.e., adult congregate living facility for: aged persons; developmentally disabled persons; 22
physically disabled or handicapped persons; mentally ill persons; and persons recovering from 23
alcohol and/or drug abuse). Foster care facilities are also included, but not the uses listed under 24
group care facility (category II). This use shall be applicable to single-family dwelling units and 25
mobile homes. 26
27
* * * * * * * * * * * * * 28
29
Guesthouse: An accessory dwelling structure which is attached to or detached from, a principal 30
dwelling located on the same residential parcel and which an accessory dwelling serves as an 31
ancillary use providing living quarters for the occupants of the principal dwelling, their temporary 32
guests or their domestic employees and which may contain kitchen facilities. Guesthouses are 33
not permitted in development that is receiving an AHDB. See LDC 34
sections 4.01.02, 5.03.03 and 2.05.021 for additional information. 35
36
* * * * * * * * * * * * * 37
# # # # # # # # # # # # # 38
39
2.02.02 – District Nomenclature 40
41
* * * * * * * * * * * * * 42
43
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D. Where the phrases "industrial districts," "zoned industrially," "industrially zoned," 1
"industrial zoning," or phraseology of similar intent, are used in this LDC, the phrases shall 2
be construed to include: I, BP, and industrial components in PUDs. 3
4
* * * * * * * * * * * * * 5
# # # # # # # # # # # # # 6
7
2.03.01 – Agricultural Districts 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 15
uses, development that provides services for and is compatible with the 16
low density residential, semi-rural and rural character of the E district. The E district 17
corresponds to and implements the estates land use designation on the future land use 18
map of the Collier County GMP, although, in limited instances, it may occur outside of the 19
estates land use designation. The maximum density permissible in the E district shall be 20
consistent with and not exceed the density permissible or permitted under the estates 21
district of the future land use element of the Collier County GMP as provided under the 22
Golden Gate Master 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 32
as 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
5. Group care facilities (category I); care units, subject to the 38
provisions of LDC subsection 2.03.01 B.3.f1.c.6.; nursing homes; 39
assisted living facilities pursuant to § 429.402 429.02 F.S. and ch. 40
59A-36 F.A.C.; and continuing care retirement communities 41
pursuant to ch. 651 F.S. and ch. 69O-193 F.A.C.; all subject to LDC 42
section 5.05.04. 43
44
* * * * * * * * * * * * * 45
# # # # # # # # # # # # # 46
47
2.03.02 – Residential Zoning Districts 48
49
* * * * * * * * * * * * * 50
51
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A. Residential Single-Family Districts (RSF-1; RSF-2; RSF-3; RSF-4; RSF-5; RSF-6). The 1
purpose and intent of the residential single-family districts (RSF) is to provide lands 2
primarily for single-family residences. These districts are intended to be single-family 3
residential areas of low density. The nature of the use of property is the same in all of 4
these districts. Variation among the RSF-1, RSF-2, RSF-3, RSF-4, RSF-5 and RSF-6 5
districts is in requirements for density, lot area, lot width, yards, height, floor area, lot 6
coverage, parking, landscaping and signs. Certain structures and uses designed to serve 7
the immediate needs of the single-family residential development in the RSF districts such 8
as governmental, educational, religious, and noncommercial recreational uses are 9
permitted as conditional uses as long as they preserve and are compatible with the single-10
family residential character of the RSF district[s]. The RSF districts correspond to and 11
implement the urban mixed use land use designation on the future land use map of the 12
Collier County GMP. The maximum density permissible in the residential single-family 13
(RSF) districts and the urban mixed use land use designation shall be guided, in part, by 14
the density rating system contained in the future land use element of the Collier County 15
GMP. The maximum density permissible or permitted in the RSF district shall not exceed 16
the density permissible under the density rating system, except as permitted by policies 17
contained in the future land use element. 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 in 26
the residential single-family districts (RSF), subject to the standards and 27
procedures established in LDC section 10.08.00. 28
29
* * * * * * * * * * * * * 30
31
7. Group care facilities (category I); care units subject to the provisions 32
of LDC subsection 2.03.02 3.hA.1.c.8.; nursing homes; assisted 33
living facilities pursuant to § 429.02 F.S. and ch. 59A-36 F.A.C.; and 34
continuing care retirement communities pursuant to ch. 651 F.S. 35
and ch. 69O-193 F.A.C.; all subject to LDC section 5.05.04. 36
37
* * * * * * * * * * * * * 38
# # # # # # # # # # # # # 39
40
2.03.03 – Commercial Zoning Districts 41
42
* * * * * * * * * * * * * 43
44
B. Commercial Convenience District (C-2). The purpose and intent of the commercial 45
convenience district (C-2) is to provide lands where commercial establishments may be 46
located to provide the small-scale shopping and personal needs of the surrounding 47
residential land uses within convenient travel distance except to the extent that office uses 48
carried forward from the C-1 district will expand the traditional neighborhood size. 49
However, the intent of this district is that retail and service uses be of a nature that can be 50
economically supported by the immediate residential environs. Therefore, the uses should 51
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allow for goods and services that households require on a daily basis, as opposed to those 1
goods and services that households seek for the most favorable economic price and, 2
therefore, require much larger trade areas. It is intended that the C-2 district implements 3
the Collier County GMP within those areas designated agricultural/rural; estates 4
neighborhood center district of the Golden Gate Master Plan; the neighborhood center 5
district of the Immokalee Master Plan; and the urban mixed use district of the future land 6
use element permitted in accordance with the locational criteria for commercial and the 7
goals, objectives, and policies as identified in the future land use element of the Collier 8
County GMP. The maximum density permissible in the C-2 district and the urban mixed 9
use land use designation shall be guided, in part, by the density rating system contained 10
in the future land use element of the Collier County GMP. The maximum density 11
permissible or permitted in a district shall not exceed the density permissible under the 12
density rating system. 13
14
1. The following uses, as identified with a number from the Standard Industrial 15
Classification Manual (1987), or as otherwise provided for within this section are 16
permissible by right, or as accessory or conditional uses within the C-2 commercial 17
convenience district. 18
19
* * * * * * * * * * * * * 20
21
c. Conditional uses. The following uses are permissible as conditional uses 22
in the commercial convenience district (C-2), subject to the standards and 23
procedures established in LDC section 10.08.00. 24
25
* * * * * * * * * * * * * 26
27
8. Personal services, miscellaneous (7299 - not listed as principle 28
principal uses and limited to babysitting bureaus; birth certificate 29
agencies; car title and tag services; computer photography or 30
portraits; dating service; diet workshops; dress suit rental; tux 31
rental; genealogical investigation service; hair removal; shopping 32
service for individuals only; wardrobe service, except theatrical; 33
wedding chapels, privately operated) with 1,800 square feet or less 34
of gross floor area in the principal structure. 35
36
* * * * * * * * * * * * * 37
38
C. Commercial Intermediate District (C-3). The purpose and intent of the commercial 39
intermediate district (C-3) is to provide for a wider variety of goods and services intended 40
for areas expected to receive a higher degree of automobile traffic. The type and variety 41
of goods and services are those that provide an opportunity for comparison shopping, 42
have a trade area consisting of several neighborhoods, and are preferably located at the 43
intersection of two-arterial level streets. Most activity centers meet this standard. This 44
district is also intended to allow all of the uses permitted in the C-1 and C-2 zoning districts 45
typically aggregated in planned shopping centers. This district is not intended to permit 46
wholesaling type of uses, or land uses that have associated with them the need for outdoor 47
storage of equipment and merchandise. A mixed-use project containing a residential 48
component is permitted in this district subject to the criteria established herein. The C-3 49
district is permitted in accordance with the locational criteria for commercial and the goals, 50
objectives, and policies as identified in the future land use element of the Collier County 51
3.A.1.a
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GMP. The maximum density permissible in the C-3 district and the urban mixed use land 1
use designation shall be guided, in part, by the density rating system contained in the 2
future land use element of the Collier County GMP. The maximum density permissible or 3
permitted in the C-3 district shall not exceed the density permissible under the density 4
rating system. 5
6
1. The following uses, as identified with a number from the Standard Industrial 7
Classification Manual (1987), or as otherwise provided for within this section are 8
permissible by right, or as accessory or conditional uses within the commercial 9
intermediate district (C-3). 10
11
* * * * * * * * * * * * * 12
13
a. Permitted uses. 14
15
* * * * * * * * * * * * * 16
17
42. Group care facilities (category I and II, except for homeless 18
shelters); care units, except for homeless shelters; nursing homes; 19
assisted living facilities pursuant to § 429.02 F.S. and ch. 589A-36 20
59A-36 F.A.C.; and continuing care retirement communities 21
pursuant to ch. 651 F.S. and ch. 69O-193 F.A.C.; all subject to LDC 22
section 5.05.04. 23
24
* * * * * * * * * * * * * 25
# # # # # # # # # # # # # 26
27
2.03.07 – Overlay Zoning Districts 28
29
* * * * * * * * * * * * * 30
31
F. Golden Gate Parkway Overlay District (GGPOD) 32
33
* * * * * * * * * * * * * 34
35
2. Applicability. 36
37
* * * * * * * * * * * * * 38
39
b. Property owners within the GGPOD may establish uses, densities, and 40
intensities in accordance with the underlying zoning classification of the 41
GGPOD. The design standards of the GGPOD pursuant to LDC section 42
4.02.06 26 shall apply. 43
44
* * * * * * * * * * * * * 45
46
G. Immokalee Urban Overlay District. To create the Immokalee Urban Overlay District with 47
distinct subdistricts for the purpose of establishing development criteria suitable for the 48
unique land use needs of the Immokalee Community. The boundaries of the Immokalee 49
Urban Overlay District are delineated on the maps below. 50
51
3.A.1.a
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* * * * * * * * * * * * * 1
2
6. Nonconforming Mobile Home Site Overlay Subdistrict. Establishment of special 3
conditions for these properties which by virtue of actions preceding the adoption 4
of Ordinance No. 91-102, on October 30, 1991, were deemed to be nonconforming 5
as a result of inconsistencies with the land development code, and are located 6
within the Immokalee Urban Boundary as depicted on the Immokalee Area Master 7
Plan. 8
9
* * * * * * * * * * * * * 10
11
d. Density. Once the existing conditions site improvement plan is approved, 12
owners may replace mobile home units with an approved building permit 13
at sites shown on the site plan. Replacement units may be larger than the 14
removed unit, so long as the minimum separation standards established in 15
LDC section 2.03.067 G.6.c.i are met. 16
17
* * * * * * * * * * * * * 18
19
I. Bayshore Zoning Overlay District (BZO). This section provides special conditions for the 20
properties adjacent to Bayshore Drive as identified by the designation "BZO" on the 21
applicable official Collier County Zoning Atlas Map or map series. 22
23
* * * * * * * * * * * * * 24
25
3. Relationship to the Underlying Zoning Classification and the GMP. 26
27
a. The purpose of the BZO is to fulfill the goals, objectives and policies of the 28
GMP, as may be amended. Specifically, the BZO implements the 29
provisions of section V.FG., Bayshore Gateway Triangle Redevelopment 30
Overlay, of the FLUE. Portions of the BZO coincide with Mixed Use Activity 31
Center #16 designated in the FLUE. Development in the activity center is 32
governed by requirements of the underlying zoning district and the mixed 33
use activity center subdistrict requirements in the FLUE, except for site 34
development standards as stated in LDC section 4.02.16. 35
36
N. Gateway Triangle Zoning Overlay District (GTZO). This section contains special 37
conditions for the properties in and adjacent to the Gateway Triangle as identified by the 38
designation "GTZO" on the applicable official Collier County Zoning Atlas Map or map 39
series. 40
41
* * * * * * * * * * * * * 42
43
3. Relationship to the Underlying Zoning Classification and Collier County Growth 44
Management Plan. 45
46
a. The purpose of the GTZO is to fulfill the goals, objectives and policies of 47
the GMP, as may be amended. Specifically, the GTZO implements the 48
provisions of section V.FG., Bayshore Gateway Triangle Redevelopment 49
Overlay, of the Future Land Use Element. Portions of the GTZO that 50
coincide with Mixed Use Activity Center #16 as designated in the FLUE of 51
3.A.1.a
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the GMP. Development standards in the activity center is governed by 1
requirements of the underlying zoning district requirements and the mixed 2
use activity center subdistrict requirements in the FLUE, except for site 3
development standards as stated in LDC section 4.02.16. 4
5
* * * * * * * * * * * * * 6
7
4. Gateway Triangle Zoning Overlay District (GTZO) Subdistricts. 8
9
* * * * * * * * * * * * * 10
11
b. Use Categories and Table of Uses. 12
13
* * * * * * * * * * * * * 14
15
iii. Table of Uses. 16
17
Table 2. Table of Uses for the GTZO Subdistricts 18
USE TYPE GTZO SUBDISTRICTS ADDITIONAL
STANDARDS
RESIDENTIAL MIXED USE
a) RESIDENTIAL
19
* * * * * * * * * * * * * 20
21
7) Guesthouse A A 5.05.04 5.03.03
and 4.02.16 C.2.
22
* * * * * * * * * * * * * 23
# # # # # # # # # # # # # 24
25
2.03.08 – Rural Fringe Zoning Districts 26
27
A. Rural Fringe Mixed-Use District (RFMU District). 28
29
* * * * * * * * * * * * * 30
31
2. RFMU receiving lands. RFMU receiving lands are those lands within the RFMU 32
district that have been identified as being most appropriate for development and 33
to which residential development units may be transferred from RFMU sending 34
lands. Based on the evaluation of available data, RFMU receiving lands have a 35
lesser degree of environmental or listed species habitat value than RFMU sending 36
lands and generally have been disturbed through development or previous or 37
existing agricultural operations. Various incentives are employed to 38
direct development into RFMU receiving lands and away from RFMU sending 39
3.A.1.a
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lands, thereby maximizing native vegetation and habitat preservation and 1
restoration. Such incentives include, but are not limited to: the TDR 2
process; clustered development; density bonus incentives; and provisions for 3
central sewer and water. Within RFMU receiving lands, the following standards 4
shall apply, except as noted in LDC subsection 2.03.08 A.1 above, or as more 5
specifically provided in an applicable PUD. 6
7
* * * * * * * * * * * * * 8
9
b. Rural villages. Rural villages, including rural villages within the NBMO, may 10
be approved within the boundaries of RFMU receiving lands, subject to the 11
following: 12
13
* * * * * * * * * * * * * 14
15
(1) Allowable Uses: 16
17
* * * * * * * * * * * * * 18
19
(c) All permitted and accessory uses listed in the C-4 General 20
Commercial District, section 2.03.023 (ED), subject to the 21
design guidelines and development standards set forth in 22
this Section. 23
24
* * * * * * * * * * * * * 25
26
B. Natural resource protection area overlay district (NRPA). 27
28
1. Purpose and intent. The purpose and intent of the Natural Resource Protection 29
Area Overlay District (NRPA) is to: protect endangered or potentially endangered 30
species by directing incompatible land uses away from their habitats; to identify 31
large, connected, intact, and relatively unfragmented habitats, which may be 32
important for these listed species; and to support State and Federal agencies' 33
efforts to protect endangered or potentially endangered species and their habitats. 34
NRPAs may include major wetland systems and regional flow-ways. These lands 35
generally should be the focus of any federal, state, County, or private acquisition 36
efforts. Accordingly, allowable land uses, vegetation preservation standards, 37
development standards, and listed species protection criteria within NRPAs set 38
forth herein are more restrictive than would otherwise be permitted in the 39
underlying zoning district and shall to be applicable in addition to any standards 40
that apply tin the underlying zoning district. 41
42
* * * * * * * * * * * * * 43
44
a. NRPA overlay areas. NRPAs are located in the following areas: 45
46
* * * * * * * * * * * * * 47
48
(5) South Golden Gate Estates. 49
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The NRPA lands within the Rural Fringe Mixed Use District to which 1
the Section 2.03.08 C.B. regulations apply (i.e. - numbers 3 and 4 2
above) are depicted by the following map: 3
4
* * * * * * * * * * * * * 5
6
b. NRPAS designated as RFMU sending lands within the RFMU district. 7
NRPAs located in the RFMU district are identified as RFMU sending lands 8
and are further subject to the provisions, conditions and standards set forth 9
in section 2.03.08 (A)(4). Private property owners within these NRPAs may 10
transfer residential development rights from these important 11
environmentally sensitive lands to other identified "receiving" lands 12
pursuant to eth the specific provisions set forth in section 2.01.03 of this 13
Code. 14
15
* * * * * * * * * * * * * 16
# # # # # # # # # # # # # 17
18
4.02.14 – Design Standards for Development in the ST and ACSC-ST Districts 19
20
* * * * * * * * * * * * * 21
22
B. All development orders issued for projects within the ACSC-ST shall be transmitted to the 23
State of Florida, Department of Economic Opportunity Commerce, for review with the 24
potential for appeal to the administration commission pursuant to Florida Administrative 25
Code, development order Requirements for Areas of Critical State Concern. 26
27
* * * * * * * * * * * * * 28
# # # # # # # # # # # # # 29
30
4.03.03 – Subdivision Exemptions 31
32
* * * * * * * * * * * * * 33
34
G. Rural area subdivision requirements. 35
36
* * * * * * * * * * * * * 37
38
3. Access agreement. The owner of property applying for a building permit shall 39
execute a release and waiver agreement which shall be executed and recorded at 40
the applicant's expense in the official records of Collier County. The release and 41
waiver agreement shall be in a form approved by the county attorney or designee, 42
and shall include, at a minimum, the following provisions and a copy of the 43
recorded agreement submitted with the property owner's building permit 44
application: 45
46
* * * * * * * * * * * * * 47
48
k. An acknowledgment that the Department of Economic 49
Opportunity Commerce (DEO) may review and appeal any development 50
order issued by Collier County within the Big Cypress Area of Critical State 51
3.A.1.a
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Concern. Also, confirmation that the applicant will execute, prior to 1
issuance of any development order by Collier County, a statement of 2
understanding of the DEO Department of Commerce review requirements 3
in the form approved by the DEO Department of Commerce; and 4
5
* * * * * * * * * * * * * 6
# # # # # # # # # # # # # 7
8
4.06.04 – Trees and Vegetation Protection 9
10
A. Vegetation Removal and Site Filling. Unless exempted by Section 3.05.02, clearing and 11
filling for Site Development Plans (SDP), Site Improvement Plans (SIP), Plans and Plat 12
(PPL) and Vegetation Removal and Site Fill Permits (VRSFP) shall be in accordance 13
with Section 3.05.05 and the following criteria. The following shall not apply to the Golden 14
Gate Estates subdivision. 15
16
* * * * * * * * * * * * * 17
18
3. Stabilization: 19
20
* * * * * * * * * * * * * 21
22
e. For subdivisions and VRSFPs within subdivisions, excluding VRSFPs for 23
clearing and filling of 5 lots or less or for temporary access pursuant 24
to 4.06.04 A.2.a, b and c (above), a vegetation bond in the form of a 25
performance bond, letter of credit, or cash bond and in the amount of 26
$5,000.00 per acre must be posted. Bonds shall be released to 27
the applicant on a prorated basis based upon issuance of building permits 28
or stabilization of fill. 29
30
* * * * * * * * * * * * * 31
# # # # # # # # # # # # # 32
33
5.05.15 – Conversion of Golf Courses 34
35
* * * * * * * * * * * * * 36
37
C. Application process for conversion applications. 38
39
* * * * * * * * * * * * * 40
41
2. Developer's Alternatives Statement requirements. The purpose of the 42
Developer's Alternatives Statement (DAS) is to serve as a tool to inform 43
stakeholders and the County about the applicant's development options 44
and intentions. It is intended to encourage communication, cooperation, 45
and consensus building between the applicant, the stakeholders, and the 46
County. 47
48
b.a. Alternatives. The DAS shall be prepared by the applicant and shall clearly 49
identify the goals and objectives for the conversion project. The DAS shall 50
address, at a minimum, the three alternatives noted below. The alternatives 51
3.A.1.a
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are not intended to be mutually exclusive; the conceptual development plan 1
described below may incorporate one or more of the alternatives in the 2
conversion project. 3
4
* * * * * * * * * * * * * 5
# # # # # # # # # # # # # 6
7
6.01.02 – Easements 8
9
If applicable, easements shall be provided along lot lines or along the alignment of the 10
improvements requiring easements in accordance with all design requirements so as to provide 11
for proper access to, and construction and maintenance of, the improvements. All such 12
easements shall be properly identified on the preliminary subdivision plat and dedicated on the 13
final subdivision plat. 14
15
* * * * * * * * * * * * * 16
17
C. Protected/preserve area and easements. A nonexclusive easement or tract in favor of 18
Collier County, without any maintenance obligation, shall be provided for all 19
"protected/preserve" areas required to be designated on the preliminary and final 20
subdivision plats or only on the final subdivision plat if the applicant chooses not to submit 21
the optional preliminary subdivision plat. Any buildable lot or parcel subject to or abutting 22
a protected/preserve area required to be designated on the preliminary and final 23
subdivision plats, or only on the final subdivision plat if the applicant chooses not to submit 24
the optional preliminary subdivision plat, shall have a minimum setback as required by the 25
LDC, or other setback that may be approved as a deviation through the PUD approval 26
process by the Board of County Commissioners from the boundary of such 27
protected/preserve area in which no principle principal structure may be constructed. The 28
required preserve principal structure setback line and the accessory structure setback 29
lines shall be clearly indicated and labeled on the final plat where applicable. Further, the 30
preliminary and final subdivision plats, or only on the final subdivision plat if the applicant 31
chooses not to submit the optional preliminary subdivision plat, shall require that no 32
alteration, including accessory structures, fill placement, grading, plant alteration or 33
removal, or similar activity shall be permitted within such setback area without the prior 34
written consent of the County Manager or designee; provided, in no event shall these 35
activities be permitted in such setback area within ten feet of the protected/preserve area 36
boundary. Additional regulations regarding preserve setbacks and buffers are located in 37
Chapters 4 and 10, and shall be applicable for all preserves, regardless if they are platted 38
or simply identified by a recorded conservation easement. The boundaries of all required 39
easements shall be dimensioned on the final subdivision plat. Required 40
protected/preserve areas shall be identified as separate tracts or easements having 41
access to them from a platted right-of-way. No individual residential or commercial lot or 42
parcel lines may project into them when platted as a tract. If the protected/preserve area 43
is determined to be jurisdictional in nature, verification must be provided which documents 44
the approval of the boundary limits from the appropriate local, state or federal agencies 45
having jurisdiction and when applicable pursuant to the requirements and provisions of 46
the growth management plan. All required easements or tracts for protected/preserve 47
areas shall be dedicated and also establish the permitted uses for said easement(s) and/or 48
tracts on the final subdivision plat to Collier County without the responsibility for 49
maintenance and/or to a property owners' association or similar entity with maintenance 50
responsibilities. An applicant who wishes to set aside, dedicate or grant additional 51
3.A.1.a
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protected preserve areas not otherwise required to be designated on the preliminary 1
subdivision plat and final subdivision plats, or only on the final subdivision plat if the 2
applicant chooses not to submit the optional preliminary subdivision plat, may do so by 3
grant or dedication without being bound by the provisions of this section. 4
5
* * * * * * * * * * * * * 6
# # # # # # # # # # # # # 7
8
10.02.04 – Requirements for Preliminary and Final Subdivision Plats 9
10
* * * * * * * * * * * * * 11
12
E. General Requirements for Construction Plans (CNSTR). 13
14
* * * * * * * * * * * * * 15
16
2. Application and process. 17
18
* * * * * * * * * * * * * 19
20
c. Construction plans shall be reviewed and approved pursuant to LDC 21
section 10.02.04 B.3 and B.4, as applicable. 22
23
* * * * * * * * * * * * * 24
# # # # # # # # # # # # # 25
26
10.02.08 – Requirements for Amendments to the Official Zoning Atlas 27
28
* * * * * * * * * * * * * 29
30
B. Amendment of the zoning atlas. A zoning atlas amendment may be proposed by: 31
32
1. Board of cCounty cCommissioners. 33
2. Planning cCommission. 34
3. Board of zZoning aAppeals. 35
36
* * * * * * * * * * * * * 37
# # # # # # # # # # # # # 38
39
APPENDIX C – FINAL SUBDIVISION PLAT, REQUIRED CERTIFICATIONS AND 40
SUGGESTED TEXT AND FORMATS FOR OTHER REQUIRED INFORMATION 41
42
* * * * * * * * * * * * * 43
44
A. DEDICATE TO THE (insert homeowners' association or legal entity): 45
46
* * * * * * * * * * * * * 47
48
7. All conservation/preserve areas/easements as follows: 49
ALL (CONSERVATION or PRESERVE) (TRACTS or EASEMENTS) ARE 50
DEDICATED AS COMMON AREAS WITH PERPETUAL RESPONSIBILITY FOR 51
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MAINTENANCE. THE (CONSERVATION or PRESERVE) (TRACTS or 1
EASEMENTS) MAY IN NO WAY BE ALTERED FROM THEIR NATURAL OR 2
PERMITTED STATE. ACTIVITIES PROHIBITED WITHIN THE (CONSERVATION 3
or PRESERVE) AREAS INCLUDE, BUT ARE NOT LIMITED TO,: 4
CONSTRUCTION OR PLACING OF BUILDINGS ON OR ABOVE THE GROUND; 5
DUMPING OR PLACING SOIL OR OTHER SUBSTANCES SUCH AS TRASH; 6
REMOVAL OR DESTRUCTION OF TREES, SHRUBS, OR OTHER 7
VEGETATION WITH THE EXCEPTION OF EXOTIC/NUISANCE VEGETATION 8
REMOVAL; EXCAVATION, DREDGING OR REMOVAL OF SOIL MATERIAL 9
DIKING OR FENCING; ANY OTHER ACTIVITIES DETRIMENTAL TO 10
DRAINAGE;, FLOOD CONTROL, WATER CONSERVATION, EROSION 11
CONTROL, OR FISH AND WILDLIFE HABITAT CONSERVATION OR 12
PRESERVATION. 13
14
* * * * * * * * * * * * * 15
# # # # # # # # # # # # # 16
17
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12/07/2023
COLLIER COUNTY
Collier County Planning Commission
Item Number: 3.A.2
Doc ID: 27177
Item Summary: PL20230013966 LDCA - Wireless Communications Facilities - An Ordinance of the Board of
County Commissioners of Collier County, Florida, amending Ord. No. 04 -41, as amended, the Collier County Land
Development Code (LDC) & Zoning Atlas, which includes the comprehensive land regulations for the
unincorporated area of Collier County, Florida, to update the provisions related to wireless communication
facilities. [Marissa Fewell, Planner III]
Meeting Date: 12/07/2023
Prepared by:
Title: Planner, Principal – Zoning
Name: Eric Johnson
11/08/2023 1:59 PM
Submitted by:
Title: Zoning Director – Zoning
Name: Mike Bosi
11/08/2023 1:59 PM
Approved By:
Review:
Planning Commission Diane Lynch Review item Completed 11/15/2023 9:37 AM
Zoning Eric Johnson Additional Reviewer Completed 11/16/2023 10:30 AM
Operations & Regulatory Management Donna Guitard Review Item Completed 11/16/2023 3:18 PM
Zoning Mike Bosi Division Director Completed 11/21/2023 3:39 PM
Growth Management Community Development Department James C French GMD Deputy Dept Head Completed
11/27/2023 3:30 PM
Planning Commission Ray Bellows Meeting Pending 12/07/2023 5:05 PM
3.A.2
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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
communication 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 12/07/2023
DSAC 11/01/2023
DSAC-LDR 10/17/2023
ADVISORY BOARD RECOMMENDATIONS
DSAC-LDR
Approval with recommendations
DSAC
Approval with recommendations
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.
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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;
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.
DSAC-LDR Subcommittee Recommendation:
On October 17, 2023, the DSAC-LDR Subcommittee recommended approval of the LDC amendment, contingent
upon the following:
1. Remove Footnote 2 from “50% of tower height” in Table 3 due to it being a scrivener’s error (page 37, line
10).
2. Modify LDC section 5.05.09 F.2.g.iii., to include a three-foot-high continuous hedge requirement in addition
to the existing landscaping and screening requirements (page 38, line 30).
3. Modify the wording of LDC section 5.05.09 F.3.c., to begin the sentence with “Rooftop mounted” to clarify
the intent of the regulation (page 39, line 29).
DSAC Recommendation:
On November 1, 2023, the DSAC recommended approval of the LDC amendment, contingent upon the following:
1. Modify the wording of LDC section 5.05.09 C., to clarify the intent of the exemptions (page 31, line 25).
2. Review the option of including a detailed explanation of the permitted, conditional use, and/or not permitted
wireless communication facility types into the permitted use list for each Zoning District, as opposed to
referencing LDC section 5.05.09.
3. Ensure that the wording of LDC section 5.05.09 F.2.c., specifies the distance will be measured from the
abutting property line and not an abutting structure (page 36, line 12).
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
The proposed LDC amendment has been reviewed by
Comprehensive Planning staff and may be deemed
consistent with the GMP.
EXHIBITS: Public Email.
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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
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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 LDC 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
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1
13. Communication towers above specified height, subject to section 2
5.05.09. 3
4
143. Social and fraternal organizations. 5
6
-Remainder of list to be renumbered accordingly- 7
8
287. Ancillary plants. 9
10
* * * * * * * * * * * * * 11
12
B. Estate District (E). The purpose and intent of the estates district (E) is to provide lands for 13
low density residential development in a semi-rural to rural environment, with limited 14
agricultural activities. In addition to low density residential development with limited 15
agricultural activities, the E district is also designed to accommodate as conditional uses, 16
development that provides services for and is compatible with the low density residential, 17
semi-rural and rural character of the E district. The E district corresponds to and 18
implements the estates land use designation on the future land use map of the Collier 19
County GMP, although, in limited instances, it may occur outside of the estates land use 20
designation. The maximum density permissible in the E district shall be consistent with 21
and not exceed the density permissible or permitted under the estates district of the future 22
land use element of the Collier County GMP as provided under the Golden Gate Master 23
Plan. 24
25
1. The following subsections identify the uses that are permissible by right and the 26
uses that are allowable as accessory or conditional uses in the estates district (E). 27
28
* * * * * * * * * * * * * 29
30
c. Conditional uses. For Estates zoning within the Golden Gate Estates 31
subdivision, the Golden Gate Area Master Plan in the GMP restricts the 32
location of conditional uses. The following uses are permissible as 33
conditional uses in the estates district (E), subject to the standards and 34
procedures established in LDC section 10.08.00: 35
36
* * * * * * * * * * * * * 37
38
11. Public schools without an agreement with Collier County, as 39
described in LDC section 5.05.14. Additional standards in LDC 40
section 5.05.14 shall also apply. 41
42
12. Communication towers up to specified heights Wireless 43
communication facilities, subject to LDC section 5.05.09. 44
45
* * * * * * * * * * * * * 46
# # # # # # # # # # # # # 47
48
49
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2.03.02 Residential Zoning Districts 1
2
A. Residential Single-Family Districts (RSF-1; RSF-2; RSF-3; RSF-4; RSF-5; RSF-6). The 3
purpose and intent of the residential single-family districts (RSF) is to provide lands 4
primarily for single-family residences. These districts are intended to be single-family 5
residential areas of low density. The nature of the use of property is the same in all of 6
these districts. Variation among the RSF-1, RSF-2, RSF-3, RSF-4, RSF-5 and RSF-6 7
districts is in requirements for density, lot area, lot width, yards, height, floor area, lot 8
coverage, parking, landscaping and signs. Certain structures and uses designed to serve 9
the immediate needs of the single-family residential development in the RSF districts such 10
as governmental, educational, religious, and noncommercial recreational uses are 11
permitted as conditional uses as long as they preserve and are compatible with the single-12
family residential character of the RSF district[s]. The RSF districts correspond to and 13
implement the urban mixed use land use designation on the future land use map of the 14
Collier County GMP. The maximum density permissible in the residential single-family 15
(RSF) districts and the urban mixed use land use designation shall be guided, in part, by 16
the density rating system contained in the future land use element of the Collier County 17
GMP. The maximum density permissible or permitted in the RSF district shall not exceed 18
the density permissible under the density rating system, except as permitted by policies 19
contained in the future land use element. 20
21
* * * * * * * * * * * * * 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 single-25
family districts (RSF). 26
27
* * * * * * * * * * * * * 28
29
c. Conditional uses. The following uses are permissible as conditional uses 30
in the residential single-family districts (RSF), subject to the standards and 31
procedures established in LDC section 10.08.00. 32
33
* * * * * * * * * * * * * 34
35
11. Public schools without an agreement with Collier County, as 36
described in LDC section 5.05.14. Additional standards in LDC 37
section 5.05.14 shall also apply; however, any high school located 38
in this district is subject to a compatibility review as described in 39
LDC section 10.02.03. 40
41
12. Wireless communication facilities, subject to LDC section 5.05.09. 42
43
* * * * * * * * * * * * * 44
45
B. Residential Multi-Family-6 District (RMF-6). The purpose and intent of the residential multi-46
family-6 district (RMF-6) is to provide for single-family, two-family and multi-family 47
residences having a low profile silhouette, surrounded by open space, being so situated 48
that it is located in close proximity to public and commercial services and has direct or 49
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convenient access to collector and arterial roads on the county major road network. The 1
RMF-6 district corresponds to and implements the urban mixed use land use designation 2
on the future land use map of the Collier County GMP. The maximum density permissible 3
in the RMF-6 district and the urban mixed use land use designation shall be guided, in 4
part, by the density rating system contained in the future land use element of the Collier 5
County GMP. The maximum density permissible or permitted in the RMF-6 district shall 6
not exceed the density permissible under the density rating system, except as permitted 7
by policies contained in the future land use element. 8
9
1. The following subsections identify the uses that are permissible by right and the 10
uses that are allowable as accessory or conditional uses in the RMF-6 district. 11
12
* * * * * * * * * * * * * 13
14
c. Conditional uses. The following uses are permissible as conditional uses 15
in the RMF-6 district, subject to the standards and procedures established 16
in LDC section 10.08.00. 17
18
* * * * * * * * * * * * * 19
20
10. Public schools without an agreement with Collier County, as 21
described in LDC section 5.05.14. Additional standards in LDC 22
section 5.05.14 shall also apply; however, any high school located 23
in this district is subject to a compatibility review as described in 24
LDC section 10.02.03. 25
26
11. Wireless communication facilities, subject to LDC section 5.05.09. 27
28
* * * * * * * * * * * * * 29
30
C. Residential Multi-Family-12 District (RMF-12). The purpose and intent of the residential 31
multi-family 12 district (RMF-12) is to provide lands for multiple-family residences having 32
a mid-rise profile, generally surrounded by lower structures and open space, located in 33
close proximity to public and commercial services, with direct or convenient access to 34
collector and arterial roads on the county major road network. Governmental, social, and 35
institutional land uses that serve the immediate needs of the multi-family residences are 36
permitted as conditional uses as long as they preserve and are compatible with the mid-37
rise multiple-family character of the district. The RMF-12 district corresponds to and 38
implements the urban mixed use land use designation on the future land use map of the 39
Collier County GMP. The maximum density permissible in the RMF-12 district and the 40
urban mixed use land use designation shall be guided, in part, by the density rating system 41
contained in the future land use element of the Collier County GMP. The maximum density 42
permissible or permitted in the RMF-12 district shall not exceed the density permissible 43
under the density rating system, except as permitted by policies contained in the future 44
land use element. 45
46
1. The following subsections identify the uses that are permissible by right and the 47
uses that are allowable as accessory or conditional uses in the residential multi-48
family-12 district (RMF-12). 49
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1
a. Permitted uses. 2
3
* * * * * * * * * * * * * 4
5
6. Educational plants and public schools with an agreement with 6
Collier County, as described in LDC section 5.05.14; however, any 7
high school located in this district is subject to a compatibility 8
review as described in LDC section 10.02.03 9
10
7. Wireless communication facilities, subject to LDC section 5.05.09. 11
12
* * * * * * * * * * * * * 13
14
D. Residential Multi-Family-16 District (RMF-16). The purpose and intent of the residential 15
multi-family-16 district (RMF-16) is to provide lands for medium to high density multiple-16
family residences, generally surrounded by open space, located in close proximity to 17
public and commercial services, with direct or convenient access to arterial and collector 18
roads on the county major road network. Governmental, social, and institutional land uses 19
that serve the immediate needs of the multiple-family residences are permitted as 20
conditional uses as long as they preserve and are compatible with the medium to high 21
density multi-family character of the district. The RMF-16 district corresponds to and 22
implements the urban mixed use land use designation on the future land use map of the 23
Collier County GMP. The maximum density permissible in the RMF-16 district and the 24
urban mixed use land use designation shall be guided, in part, by the density rating system 25
contained in the future land use element of the Collier County GMP. The maximum density 26
permissible or permitted in the RMF-16 district shall not exceed the density permissible 27
under the density rating system, except as permitted by policies contained in the future 28
land use element. 29
30
1. The following subsections identify the uses that are permissible by right and the 31
uses that are allowable as accessory or conditional uses in the residential multi-32
family-16 district (RMF-16). 33
34
a. Permitted uses. 35
36
4. Educational plants and public schools with an agreement with 37
Collier County, as described in LDC section 5.05.14; however, any 38
high school located in this district is subject to a compatibility 39
review as described in LDC section 10.02.03. 40
41
5. Wireless communication facilities, subject to LDC section 5.05.09. 42
43
* * * * * * * * * * * * * 44
45
E. Residential Tourist District (RT). The purpose and intent of the residential tourist district 46
(RT) is to provide lands for tourist accommodations and support facilities, and multiple 47
family uses. The RT district corresponds with and implements the urban mixed use district 48
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and the activity center district in the urban designated area on the future land use map of 1
the Collier County GMP. 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 residential tourist 5
district (RT). 6
7
a. Permitted uses. 8
9
5. Townhouses subject to section 5.05.07. 10
11
6. Wireless communication facilities, subject to LDC section 5.05.09. 12
13
* * * * * * * * * * * * * 14
15
F. Village Residential District (VR). The purpose and intent of the village residential district 16
(VR) is to provide lands where a mixture of residential uses may exist. Additionally, uses 17
are located and designed to maintain a village residential character which is generally low 18
profile, relatively small building footprints as is the current appearance of Goodland and 19
Copeland. The VR district corresponds to and implements the mixed residential land use 20
designation on the Immokalee future land use map of the Collier County GMP. It is 21
intended for application in those urban areas outside of the coastal urban area designated 22
on the future land use map of the Collier County GMP, though there is some existing VR 23
zoning in the coastal urban area. The maximum density permissible in the VR district and 24
the urban mixed use land use designation shall be guided, in part, by the density rating 25
system contained in the future land use element of the Collier County GMP. The maximum 26
density permissible or permitted in the VR district shall not exceed the density permissible 27
under the density rating system, except as permitted by policies contained in the future 28
land use element, or as designated on the Immokalee future land use map of the GMP. 29
30
1. The following subsections identify the uses that are permissible by right and the 31
uses that are allowable as accessory or conditional uses in the village residential 32
district (VR). 33
34
a. Permitted uses. 35
36
6. Educational plants and public schools with an agreement with 37
Collier County, as described in LDC section 5.05.14; however, any 38
high school located in this district is subject to a compatibility 39
review as described in LDC section 10.02.03. 40
41
7. Wireless communication facilities, subject to LDC section 5.05.09. 42
43
* * * * * * * * * * * * * 44
45
G. Mobile Home District (MH). The purpose and intent of the mobile home district (MH) is to 46
provide land for mobile homes and modular built homes, as defined in this Land 47
Development Code, that are consistent and compatible with surrounding land uses. The 48
MH District corresponds to and implements the urban mixed-use land use designation on 49
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the future land-use map of the Collier County GMP. The maximum density permissible in 1
the MH district and the urban mixed use land use designation shall be guided, in part, by 2
the density rating system contained in the future land use element of the Collier County 3
GMP. The maximum density permissible or permitted in the MH district shall not exceed 4
the density permissible under the density rating system, except as permitted by policies 5
contained in the future land use element, or as identified in the Immokalee future land use 6
map of the GMP. 7
8
1. The following subsections identify the uses that are permissible by right and the 9
uses that are allowable as accessory or conditional uses in the mobile home district 10
(MH). 11
12
a. Permitted uses. 13
14
5. Educational plants and public schools with an agreement with 15
Collier County, as described in LDC section 5.05.14; however, any 16
high school located in this district is subject to a compatibility 17
review as described in LDC section 10.02.03. 18
19
6. Wireless communication facilities, subject to LDC section 5.05.09. 20
21
* * * * * * * * * * * * * 22
# # # # # # # # # # # # # 23
24
2.03.03 Commercial Zoning Districts 25
26
A. Commercial Professional and General Office District (C-1). The purpose and intent of the 27
commercial professional and general office district C-1 is to allow a concentration of office 28
type buildings and land uses that are most compatible with, and located near, residential 29
areas. Most C-1 commercial, professional, and general office districts are contiguous to, 30
or when within a PUD, will be placed in close proximity to residential areas, and, therefore, 31
serve as a transitional zoning district between residential areas and higher intensity 32
commercial zoning districts. The types of office uses permitted are those that do not have 33
high traffic volumes throughout the day, which extend into the evening hours. They will 34
have morning and evening short-term peak conditions. The market support for these office 35
uses should be those with a localized basis of market support as opposed to office 36
functions requiring inter-jurisdictional and regional market support. Because office 37
functions have significant employment characteristics, which are compounded when 38
aggregations occur, certain personal service uses shall be permitted, to provide a 39
convenience to office-based employment. Such convenience commercial uses shall be 40
made an integral part of an office building as opposed to the singular use of a building. 41
Housing may also be a component of this district as provided for through conditional use 42
approval. 43
44
1. The following uses, as identified with a number from the Standard Industrial 45
Classification Manual (1987), or as otherwise provided for within this section are 46
permissible by right, or as accessory or conditional uses within the C-1 commercial 47
professional and general office district. 48
49
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* * * * * * * * * * * * * 1
2
a. Permitted uses. 3
4
40. Travel agencies (4724, no other transportation services). 5
6
41. Wireless communication facilities, subject to LDC section 5.05.09. 7
8
412. Any other commercial use or professional service which is 9
comparable in nature with the foregoing uses including those that 10
exclusively serve the administrative as opposed to the operational 11
functions of a business and are associated purely with activities 12
conducted in an office, as determined by the Hearing Examiner or 13
CCPC, pursuant to LDC section 10.02.06 K. 14
15
* * * * * * * * * * * * * 16
17
B. Commercial Convenience District (C-2). The purpose and intent of the commercial 18
convenience district (C-2) is to provide lands where commercial establishments may be 19
located to provide the small-scale shopping and personal needs of the surrounding 20
residential land uses within convenient travel distance except to the extent that office uses 21
carried forward from the C-1 district will expand the traditional neighborhood size. 22
However, the intent of this district is that retail and service uses be of a nature that can be 23
economically supported by the immediate residential environs. Therefore, the uses should 24
allow for goods and services that households require on a daily basis, as opposed to those 25
goods and services that households seek for the most favorable economic price and, 26
therefore, require much larger trade areas. It is intended that the C-2 district implements 27
the Collier County GMP within those areas designated agricultural/rural; estates 28
neighborhood center district of the Golden Gate Master Plan; the neighborhood center 29
district of the Immokalee Master Plan; and the urban mixed use district of the future land 30
use element permitted in accordance with the locational criteria for commercial and the 31
goals, objectives, and policies as identified in the future land use element of the Collier 32
County GMP. The maximum density permissible in the C-2 district and the urban mixed 33
use land use designation shall be guided, in part, by the density rating system contained 34
in the future land use element of the Collier County GMP. The maximum density 35
permissible or permitted in a district shall not exceed the density permissible under the 36
density rating system. 37
38
1. The following uses, as identified with a number from the Standard Industrial 39
Classification Manual (1987), or as otherwise provided for within this section are 40
permissible by right, or as accessory or conditional uses within the C-2 commercial 41
convenience district. 42
43
a. Permitted uses. 44
45
* * * * * * * * * * * * * 46
47
72. Wallpaper stores (5231) with 1,800 square feet or less of gross floor 48
area in the principal structure. 49
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73. Wireless communication facilities, subject to LDC section 5.05.09. 2
3
734. Any other commercial use or professional services which is 4
comparable in nature with the foregoing uses including those that 5
exclusively serve the administrative as opposed to the operational 6
functions of a business and are associated purely with activities 7
conducted in an office. 8
9
-Remainder of list to be renumbered accordingly- 10
11
756. An existing lawful structure over 1,800 sq. ft. as of July 14, 2014 12
may be occupied by any C-2 permitted use with a 1,800 sq. ft. or 13
greater limitation. 14
15
* * * * * * * * * * * * * 16
17
C. Commercial Intermediate District (C-3). The purpose and intent of the commercial 18
intermediate district (C-3) is to provide for a wider variety of goods and services intended 19
for areas expected to receive a higher degree of automobile traffic. The type and variety 20
of goods and services are those that provide an opportunity for comparison shopping, 21
have a trade area consisting of several neighborhoods, and are preferably located at the 22
intersection of two-arterial level streets. Most activity centers meet this standard. This 23
district is also intended to allow all of the uses permitted in the C-1 and C-2 zoning districts 24
typically aggregated in planned shopping centers. This district is not intended to permit 25
wholesaling type of uses, or land uses that have associated with them the need for outdoor 26
storage of equipment and merchandise. A mixed-use project containing a residential 27
component is permitted in this district subject to the criteria established herein. The C-3 28
district is permitted in accordance with the locational criteria for commercial and the goals, 29
objectives, and policies as identified in the future land use element of the Collier County 30
GMP. The maximum density permissible in the C-3 district and the urban mixed use land 31
use designation shall be guided, in part, by the density rating system contained in the 32
future land use element of the Collier County GMP. The maximum density permissible or 33
permitted in the C-3 district shall not exceed the density permissible under the density 34
rating system. 35
36
1. The following uses, as identified with a number from the Standard Industrial 37
Classification Manual (1987), or as otherwise provided for within this section are 38
permissible by right, or as accessory or conditional uses within the commercial 39
intermediate district (C-3). 40
41
a. Permitted uses. 42
43
* * * * * * * * * * * * * 44
45
92. Wallpaper stores (5231) with 5,000 square feet or less of gross floor 46
area in the principal structure. 47
48
93. Wireless communication facilities, subject to LDC section 5.05.09. 49
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934. Any use which was permissible under the prior General Retail 2
Commercial (GRC) zoning district, as identified by Zoning 3
Ordinance adopted October 8, 1974, and which was lawfully 4
existing prior to the adoption of this Code. 5
6
945. Any of the foregoing uses that are subject to a gross floor area 7
limitation shall be permitted by right without the maximum floor area 8
limitation if the use is developed as a component of a shopping 9
center. 10
11
956. Any other commercial use or professional services which is 12
comparable in nature with the foregoing uses including those that 13
exclusively serve the administrative as opposed to the operational 14
functions of a business and are associated purely with activities 15
conducted in an office. 16
17
967. Any other intermediate commercial use which is comparable in 18
nature with the list of permitted uses and consistent with the 19
purpose and intent statement of the district, as determined by the 20
Hearing Examiner or CCPC, pursuant to LDC section 10.02.06 K. 21
22
978. An existing lawful structure over 5,000 sq. ft. as of July 14, 2014 23
may be occupied by any C-3 permitted use with a 5,000 sq. ft. or 24
greater limitation. 25
26
* * * * * * * * * * * * * 27
28
D. General Commercial District (C-4). The general commercial district (C-4) is intended to 29
provide for those types of land uses that attract large segments of the population at the 30
same time by virtue of scale, coupled with the type of activity. The purpose and intent of 31
the C-4 district is to provide the opportunity for the most diverse types of commercial 32
activities delivering goods and services, including entertainment and recreational 33
attractions, at a larger scale than the C-1 through C-3 districts. As such, all of the uses 34
permitted in the C-1 through C-3 districts are also permitted in the C-4 district. The outside 35
storage of merchandise and equipment is prohibited, except to the extent that it is 36
associated with the commercial activity conducted on-site such as, but not limited to, 37
automobile sales, marine vessels, and the renting and leasing of equipment. Activity 38
centers are suitable locations for the uses permitted by the C-4 district because most 39
activity centers are located at the intersection of arterial roads. Therefore the uses in the 40
C-4 district can most be sustained by the transportation network of major roads. The C-4 41
district is permitted in accordance with the locational criteria for uses and the goals, 42
objectives, and policies as identified in the future land use element of the Collier County 43
GMP. The maximum density permissible or permitted in a district shall not exceed the 44
density permissible under the density rating system. 45
46
1. The following uses, as defined with a number from the Standard Industrial 47
Classification Manual (1987), or as otherwise provided for within this section are 48
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permissible by right, or as accessory or conditional uses within the general 1
commercial district (C-4). 2
3
a. Permitted uses. 4
5
* * * * * * * * * * * * * 6
7
27. Cable and other pay television services (4841) including 8
communications towers up to specified height, subject to section 9
5.05.09. 10
11
* * * * * * * * * * * * * 12
13
130. Telegraph and other message communications (4822) including 14
communications towers up to specified height, subject to section 15
5.05.09. 16
17
131. Telephone communications (4812 and 4813) including 18
communications towers up to specified height, subject to section 19
5.05.09. 20
21
* * * * * * * * * * * * * 22
23
140. Wireless communication facilities, subject to LDC section 5.05.09. 24
25
1401. Any use which was permissible under the prior General Retail 26
Commercial (GRC) zoning district, as identified by Zoning 27
Ordinance adopted October 8, 1974, and which was lawfully 28
existing prior to the adoption of this Code. 29
30
1412. Any other commercial use or professional services which is 31
comparable in nature with the foregoing uses including those that 32
exclusively serve the administrative as opposed to the operational 33
functions of a business and are purely associated with activities 34
conducted in an office. 35
36
1423. Any other general commercial use which is comparable in nature 37
with the list of permitted uses and consistent with the purpose and 38
intent statement of the district, as determined by the Hearing 39
Examiner or CCPC, pursuant to LDC section 10.02.06 K. 40
41
* * * * * * * * * * * * * 42
43
c. Conditional uses. The following uses are permitted as conditional uses in 44
the general commercial district (C-4), subject to the standards and 45
procedures established in LDC section 10.08.00. 46
47
* * * * * * * * * * * * * 48
49
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7. Bottle clubs. (All establishments engaged in the retail sale of 1
alcoholic beverages for on-premise consumption are subject to the 2
locational requirements of section 5.05.01.). 3
4
8. Communication towers above specified height, subject to section 5
5.05.09. 6
7
98. Dealers not elsewhere classified (5599 outdoor display permitted, 8
excluding Aircraft dealers-retail). 9
10
-Remainder of list to be renumbered accordingly- 11
12
254. Veterinary services (0741 and 0742, with outside kenneling). 13
14
* * * * * * * * * * * * * 15
16
E. Heavy Commercial District (C-5). In addition to the uses provided in the C-4 zoning district, 17
the heavy commercial district (C-5) allows a range of more intensive commercial uses and 18
services which are generally those uses that tend to utilize outdoor space in the conduct 19
of the business. The C-5 district permits heavy commercial services such as full-service 20
automotive repair, and establishments primarily engaged in construction and specialized 21
trade activities such as contractor offices, plumbing, heating and air conditioning services, 22
and similar uses that typically have a need to store construction associated equipment 23
and supplies within an enclosed structure or have showrooms displaying the building 24
material for which they specialize. Outdoor storage yards are permitted with the 25
requirement that such yards are completely enclosed or opaquely screened. The C-5 26
district is permitted in accordance with the locational criteria for uses and the goals, 27
objectives, and policies as identified in the future land use element of the Collier County 28
GMP. 29
30
1. The following uses, as identified with a number from the Standard Industrial 31
Classification Manual (1987), or as otherwise provided for within this section are 32
permissible by right, or as accessory or conditional uses within the heavy 33
commercial district (C-5). 34
35
a. Permitted uses. 36
37
* * * * * * * * * * * * * 38
39
32. Cable and other pay television services (4841) including 40
communications towers up to specified height, subject to section 41
5.05.09. 42
43
* * * * * * * * * * * * * 44
45
166. Telegraph and other message communications (4822) including 46
communications towers up to specified height, subject to LDC 47
section 5.05.09. 48
49
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167. Telephone communications (4812 and 4813) including 1
communications towers up to specified height, subject to LDC 2
section 5.05.09. 3
4
* * * * * * * * * * * * * 5
6
180. Welding repair (7692). 7
8
181. Wireless communication facilities, subject to LDC section 5.05.09. 9
10
1812. Any use which was permissible under the prior General Retail 11
Commercial (GRC) zoning district, as identified by Zoning 12
Ordinance adopted October 8, 1974, and which was lawfully 13
existing prior to the adoption of this Code. 14
15
1823. Any other commercial use or professional services which is 16
comparable in nature with the foregoing uses including those that 17
exclusively serve the administrative as opposed to the operational 18
functions of a business and are purely associated with activities 19
conducted in an office. 20
21
1834. Any other heavy commercial use which is comparable in nature with 22
the list of permitted uses and consistent with the purpose and intent 23
statement of the district, as determined by the Hearing Examiner or 24
CCPC, pursuant to LDC section 10.02.06 K. 25
26
* * * * * * * * * * * * * 27
28
c. Conditional uses. The following uses are permissible as conditional uses 29
in the heavy commercial district (C-5), subject to the standards and 30
procedures established in LDC section 10.08.00. 31
32
* * * * * * * * * * * * * 33
34
5. Communications (4812—4841) with wireless communications 35
towers facilities that exceed specified height, subject to LDC section 36
5.05.09. 37
38
* * * * * * * * * * * * * 39
40
F. Travel Trailer-Recreational Vehicle Campground District (TTRVC). 41
42
* * * * * * * * * * * * * 43
44
2. The following uses are permissible by right, or as accessory or conditional 45
uses within the travel trailer-recreational vehicle campground district (TTRVC). 46
47
a. Permitted uses. 48
49
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1. Travel trailers, park model travel trailers, pickup coaches, motor 1
homes and other recreational vehicles. 2
3
2. Wireless communication facilities, subject to LDC section 5.05.09. 4
5
* * * * * * * * * * * * * 6
# # # # # # # # # # # # # 7
8
2.03.04 Industrial Zoning Districts 9
10
A. Industrial District (I). The purpose and intent of the industrial district (I) is to provide lands 11
for manufacturing, processing, storage and warehousing, wholesaling, and distribution. 12
Service and commercial activities that are related to manufacturing, processing, storage 13
and warehousing, wholesaling, and distribution activities, as well as commercial uses 14
relating to automotive repair and heavy equipment sales and repair are also permissible 15
in the I district. The I district corresponds to and implements the industrial land use 16
designation on the future land use map of the Collier County GMP. 17
18
1. The following uses, as identified within the Standard Industrial Classification 19
Manual (1987), or as otherwise provided for within this section, are permitted as a 20
right, or as accessory or conditional uses within the industrial district (I). 21
22
a. Permitted uses. 23
24
* * * * * * * * * * * * * 25
26
9. Communications (4812—4899 including communications towers 27
up to specified heights, subject to section 5.05.09.). 28
29
* * * * * * * * * * * * * 30
31
56. Wholesale trade—nondurable goods (5111-5159, 5181, 5182, 32
5191 except that wholesale distribution of chemicals, fertilizers, 33
insecticides, and pesticides must be a minimum of 500 feet from a 34
residential zoning district (5192—5199). 35
36
57. Wireless communication facilities, subject to LDC section 5.05.09. 37
38
578. Existing retail uses that were in operation on January 1, 2009, in 39
the Industrial zoning district and which have been continuously and 40
conspicuously operating in the Industrial zoning district as of June 41
8, 2010, without limitation as to square footage of the retail use. 42
These existing retail businesses shall be treated as legal non-43
conforming uses in accordance with the LDC, provided however 44
that in the event of destruction or damage due to natural disaster, 45
the structures housing such uses may be rebuilt to their pre-disaster 46
condition. 47
48
* * * * * * * * * * * * * 49
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c. Conditional uses. The following uses are permitted as conditional uses in 2
the industrial district (I), subject to the standards and procedures 3
established in LDC section 10.08.00. 4
5
* * * * * * * * * * * * * 6
7
4. Communications (groups 4812—4899 including wireless 8
communications towers facilities that exceed specified heights 9
subject to all requirements of LDC section 5.05.09.). 10
11
* * * * * * * * * * * * * 12
13
B. Business Park District (BP). The purpose and intent of the business park district (BP) is to 14
provide a mix of industrial uses, corporate headquarters offices and business/professional 15
offices which complement each other and provide convenience services for the employees 16
within the district; and to attract businesses that create high value added jobs. It is intended 17
that the BP district be designed in an attractive park-like environment, with low structural 18
density and large landscaped areas for both the functional use of buffering and enjoyment 19
by the employees of the BP district. The BP district is permitted by the urban mixed use, 20
urban commercial, and urban-industrial districts of the future land use element of the 21
Collier County GMP. 22
23
1. The following uses, as identified within the latest edition of the Standard Industrial 24
Classification Manual, or as otherwise provided for within this section, are 25
permitted as of right, or as uses accessory to permitted primary or secondary uses, 26
or are conditional uses within the business park district. 27
28
a. Permitted primary uses. One hundred percent of the total business park 29
district acreage is allowed to be developed with the following uses: 30
31
* * * * * * * * * * * * * 32
33
4. Communications (4812—4899 including wireless communications 34
towers facilities, limited in height to 100 feet and subject to LDC 35
section 5.05.09.). 36
37
* * * * * * * * * * * * * 38
# # # # # # # # # # # # # 39
40
2.03.05 - Civic and Institutional Zoning Districts 41
42
A. Public Use District (P). The purpose and intent of public use district (P) is to accommodate 43
only local, state and federally owned or leased and operated government facilities that 44
provide essential public services. The P district is intended to facilitate the coordination of 45
urban services and land uses while minimizing the potential disruption of the uses of 46
nearby properties. 47
48
* * * * * * * * * * * * * 49
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4. The following uses are permitted as of right, or as accessory or conditional uses, 2
in the public use district (P). 3
4
a. Permitted uses. 5
6
* * * * * * * * * * * * * 7
8
4. Communication towers. 9
10
54. Education facilities. 11
12
65. Educational plants. 13
76. Essential public service facilities. 14
15
87. Fairgrounds. 16
17
98. Libraries. 18
19
109. Museums. 20
21
1110. Park and recreational service facilities. 22
23
1211. Parking facilities. 24
25
1312. Safety service facilities. 26
27
1413. Wireless communication facilities, subject to LDC section 5.05.09. 28
29
14. Any other public structures and uses which are comparable in 30
nature with the list of permitted uses, and consistent with the 31
purpose and intent statement of the district, as determined by the 32
Hearing Examiner or CCPC, pursuant to LDC section 10.02.06 K. 33
34
* * * * * * * * * * * * * 35
36
B. Community Facility District (CF). The purpose and intent of (CF) district is to implement 37
the GMP by permitting nonresidential land uses as generally identified in the urban 38
designation of the future land use element. These uses can be characterized as public 39
facilities, institutional uses, open space uses, recreational uses, water-related or 40
dependent uses, and other such uses generally serving the community at large. The 41
dimensional standards are intended to insure compatibility with existing or future nearby 42
residential development. The CF district is limited to properties within the urban mixed use 43
land use designation as identified on the future land use map. 44
45
1. The following uses are permitted as of right, or as accessory or conditional uses, 46
in the community facility district (CF). 47
48
a. Permitted uses. 49
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1
* * * * * * * * * * * * * 2
3
9. Educational services (groups 8211—8231). 4
5
10. Wireless communication facilities, subject to LDC section 5.05.09. 6
7
* * * * * * * * * * * * * 8
# # # # # # # # # # # # # 9
10
2.03.06 Planned Unit Development Districts 11
12
* * * * * * * * * * * * * 13
14
D. The following are permissible uses in the Research and Technology Park PUD: 15
16
Identified Use Special Notes
Or Regulation
RTPPUD
Accessory uses and structures 4.07.02 and
5.03.00
P
17
* * * * * * * * * * * * * 18
Communication groups 4812—4841 T
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
19
* * * * * * * * * * * * * 20
# # # # # # # # # # # # # 21
22
2.03.07 Overlay Zoning Districts 23
24
* * * * * * * * * * * * * 25
26
F. Golden Gate Parkway Overlay District (GGPOD). 27
28
* * * * * * * * * * * * * 29
30
6. Prohibited uses. These uses are prohibited, except that uses existing as of March 31
16, 2021 may continue to operate as a permitted use until the use ceases for a 32
period of one year. This section does not apply to the uses allowed in the 33
underlying zoning district. 34
35
a. Prohibited uses in the GGPOD-AC and GGPOD-DT. 36
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xi. Communication towers Wireless communication facilities, subject 2
to LDC section 5.05.09. 3
4
* * * * * * * * * * * * * 5
6
G. Immokalee Urban Overlay District. To create the Immokalee Urban Overlay District with 7
distinct subdistricts for the purpose of establishing development criteria suitable for the 8
unique land use needs of the Immokalee Community. The boundaries of the Immokalee 9
Urban Overlay District are delineated on the maps below. 10
11
* * * * * * * * * * * * * 12
13
5. Main Street Overlay Subdistrict. Special conditions for the properties identified in 14
the Immokalee Area Master Plan; referenced on Map 7; and further identified by 15
the designation "MSOSD" on the applicable official Collier County Zoning Atlas 16
Maps. The purpose of this designation is to encourage development and 17
redevelopment by enhancing and beautifying the downtown Main Street area 18
through flexible design and development standards. 19
20
a. Permitted uses. For all properties within the Main Street Overlay 21
Subdistrict, except for properties hatched as indicated on Map 7, the Main 22
Street Overlay Subdistrict, all permitted uses within the uses within the 23
underlying zoning districts contained within this Subdistrict, and the 24
following uses may be permitted as of right in this Subdistrict: 25
26
1. Hotel and motels (7011) 27
28
2. Communication towers Wireless communication facilities, as 29
defined in LDC section 5.05.09, subject to the following: 30
31
i. Such tower is an essential service use as defined by 32
subsection 2.01.03 A.4; and 33
34
ii. Such tower may not exceed a height of 75 feet above grade 35
including any antennas attached thereto. 36
37
b. Permitted uses. For hatched properties within the Main Street Overlay 38
Subdistrict, all permitted uses within the underlying zoning districts 39
contained within this Subdistrict, and the following uses are permitted as of 40
right in this Subdistrict: 41
42
1. All uses allowed in the Commercial Professional District (C-1), of 43
this Code, except for group 7521. 44
45
2. Communication towers Wireless communication facilities, as 46
defined in LDC section 5.05.09 subject to the following: 47
48
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i. Such tower is an essential service use as defined by 1
subsection 2.01.03 A.4; and 2
3
ii. Such tower may not exceed a height of 75 feet above grade 4
including any antennas attached thereto. 5
6
c. Prohibited uses. All uses prohibited within the underlying residential and 7
commercial zoning districts contained within this Subdistrict, and the 8
following uses, shall be prohibited on properties with frontage on Main 9
Street in between First Street and Ninth Street in the Main Street Overlay 10
Subdistrict: 11
12
* * * * * * * * * * * * * 13
14
10. Communication towers Wireless communication facilities, as 15
defined in LDC section 5.05.09 of this Code, except as otherwise 16
permitted in this Subdistrict. 17
18
* * * * * * * * * * * * * 19
20
d. Accessory uses. 21
22
* * * * * * * * * * * * * 23
24
2. Communication towers Wireless communication facilities, as 25
defined in LDC section 5.05.09 subject to the following: 26
27
i. Such tower is an essential service use as defined by 28
subsection 2.01.03 A.4.; and 29
30
ii. Such tower may not exceed a height of 75 feet above grade 31
including any antennas attached thereto. 32
33
e. Conditional uses. 34
35
1. Conditional uses of the underlying zoning districts contained within 36
the subdistrict, subject to the standards and procedures established 37
in LDC section 10.08.00 and as set forth below: 38
39
i. Local and suburban passenger transportation (4131, 4173) 40
located upon commercially zoned properties within the Main 41
Street Overlay Subdistrict. 42
43
ii. Communication towers Wireless communication facilities, 44
as defined in LDC section 5.05.09 of this Code for essential 45
service uses as defined by subsection 2.01.03 A.4 that 46
exceed a height of 75 feet above grade including any 47
antennas attached thereto. 48
49
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iii. The following conditional uses may be permitted only on 1
properties with frontage on North First Street, South First 2
Street, and North Ninth Street within the Main Street Overlay 3
Subdistrict: 4
5
* * * * * * * * * * * * * 6
7
i. Communication towers Wireless communication 8
facilities, as defined in LDC section 5.05.09, except 9
as otherwise permitted in this Subdistrict. 10
11
* * * * * * * * * * * * * 12
13
I. Bayshore Zoning Overlay District (BZO). This section provides special conditions for the 14
properties adjacent to Bayshore Drive as identified by the designation "BZO" on the 15
applicable official Collier County Zoning Atlas Map or map series. 16
17
* * * * * * * * * * * * * 18
19
4. Bayshore Zoning Overlay District (BZO) Subdistricts. 20
21
* * * * * * * * * * * * * 22
23
b. Use Categories and Table of Uses. 24
25
* * * * * * * * * * * * * 26
27
iii. Table of Uses. Table 1. Table of Uses for the BZO Subdistricts 28
29
USE TYPE BZO SUBDISTRICTS ADDITIONAL
STANDARDS RESIDENTIAL MIXED
USE
R1 R2 R3 R4 NC W
30
* * * * * * * * * * * * * 31
32
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
33
* * * * * * * * * * * * * 34
35
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N. Gateway Triangle Zoning Overlay District (GTZO). This section contains special 1
conditions for the properties in and adjacent to the Gateway Triangle as identified by the 2
designation "GTZO" on the applicable official Collier County Zoning Atlas Map or map 3
series. 4
5
* * * * * * * * * * * * * 6
7
4. Gateway Triangle Zoning Overlay District (GTZO) Subdistricts. 8
9
* * * * * * * * * * * * * 10
11
b. Use Categories and Table of Uses. 12
13
* * * * * * * * * * * * * 14
15
iii. Table of Uses. Table 2. Table of Uses for the GTZO Subdistricts 16
17
USE TYPE GTZO SUBDISTRICTS ADDITIONAL
STANDARDS RESIDENTIAL MIXED
USE
18
* * * * * * * * * * * * * 19
20
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
21
* * * * * * * * * * * * * 22
# # # # # # # # # # # # # 23
24
2.03.08 - Rural Fringe Zoning Districts 25
26
A. Rural Fringe Mixed-Use District (RFMU District). 27
28
* * * * * * * * * * * * * 29
30
2. RFMU receiving lands. RFMU receiving lands are those lands within the RFMU 31
district that have been identified as being most appropriate for development and 32
to which residential development units may be transferred from RFMU sending 33
lands. Based on the evaluation of available data, RFMU receiving lands have a 34
lesser degree of environmental or listed species habitat value than RFMU sending 35
lands and generally have been disturbed through development or previous or 36
existing agricultural operations. Various incentives are employed to 37
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direct development into RFMU receiving lands and away from RFMU sending 1
lands, thereby maximizing native vegetation and habitat preservation and 2
restoration. Such incentives include, but are not limited to: the TDR 3
process; clustered development; density bonus incentives; and, provisions for 4
central sewer and water. Within RFMU receiving lands, the following standards 5
shall apply, except as noted in LDC subsection 2.03.08 A.1 above, or as more 6
specifically provided in an applicable PUD. 7
8
a. Outside rural villages. 9
10
* * * * * * * * * * * * * 11
12
(3) Allowable Uses. 13
14
* * * * * * * * * * * * * 15
16
(c) Conditional uses. The following uses are permissible 17
as conditional uses subject to the standards and 18
procedures established in LDC section 10.08.00. 19
20
* * * * * * * * * * * * * 21
22
ix. In RFMU receiving lands other than those within the 23
NBMO, earth mining and extraction. 24
25
x. Wireless communication facilities, subject to LDC 26
section 5.05.09. 27
28
* * * * * * * * * * * * * 29
30
b. Rural villages. Rural villages, including rural villages within the NBMO, may 31
be approved within the boundaries of RFMU receiving lands, subject to the 32
following: 33
34
(1) Allowable Uses: 35
36
* * * * * * * * * * * * * 37
38
(b) CONDITIONAL USES 1 through 5, and 7, and 10 identified 39
in section 2.03.08A.2.a.(3)(c), when specifically identified in, 40
and approved as part of a RURAL VILLAGE PUD. 41
42
* * * * * * * * * * * * * 43
44
3. Neutral lands. Neutral lands have been identified for limited semi-rural 45
residential development. Available data indicates that neutral lands have a higher 46
ratio of native vegetation, and thus higher habitat values, than lands designated 47
as RFMU receiving lands, but these values do not approach those of RFMU 48
sending lands. Therefore, these lands are appropriate for limited development, if 49
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such development is directed away from existing native vegetation and habitat. 1
Within neutral lands, the following standards shall apply: 2
3
a. Allowable uses. The following uses are permitted as of right: 4
5
* * * * * * * * * * * * * 6
7
(3) Conditional uses. The following uses are permissible as conditional 8
uses subject to the standards and procedures established in 9
LDC section 10.08.00. 10
11
* * * * * * * * * * * * * 12
13
(k) Earth mining and extraction and related processing. 14
15
(l) Wireless communication facilities, subject to LDC section 16
5.05.09. 17
18
* * * * * * * * * * * * * 19
20
4. RFMU sending lands. RFMU sending lands are those lands that have the highest 21
degree of environmental value and sensitivity and generally include 22
significant wetlands, uplands, and habitat for listed species. RFMU sending 23
lands are the principal target for preservation and conservation. Density may be 24
transferred from RFMU sending lands as provided in LDC section 2.03.07 D.4.c. 25
All NRPAs within the RFMU district are also RFMU sending lands. With the 26
exception of specific provisions applicable only to NBMO neutral lands, the 27
following standards shall apply within all RFMU sending lands: 28
29
a. Allowable uses where TDR credits have not been severed. 30
31
* * * * * * * * * * * * * 32
33
(3) Conditional uses. 34
35
* * * * * * * * * * * * * 36
37
(d) Commercial uses accessory to permitted uses 1.a, 1.c. and 38
1.d above, such as retail sales of produce accessory to 39
farming, or a restaurant accessory to a park or preserve, so 40
long as restrictions or limitations are imposed to insure the 41
commercial use functions as an accessory, subordinate 42
use. 43
44
(e) Wireless communication facilities, subject to LDC section 45
5.05.09. 46
47
b. Allowable uses where TDR credits have been severed. 48
49
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* * * * * * * * * * * * * 1
2
(2) Conditional uses: 3
4
* * * * * * * * * * * * * 5
6
(b) Oil and gas field development and production, subject to 7
applicable state and federal field development permits and 8
Collier County non-environmental site development plan 9
review procedures. Directional-drilling and/or previously 10
cleared or disturbed areas shall be utilized in order to 11
minimize impacts to native habitats, where determined to be 12
practicable. This requirement shall be deemed satisfied 13
upon issuance of a state permit in compliance with the 14
criteria established in Chapter 62C-25 through 62C-30, 15
F.A.C., as those rules existed on Oct. 3, 2005 [the effective 16
date of this provision], regardless of whether the activity 17
occurs within the Big Cypress Watershed, as defined in Rule 18
62C-30.001(2), F.A.C. All applicable Collier County 19
environmental permitting requirements shall be considered 20
satisfied by evidence of the issuance of all applicable federal 21
and/or state oil and gas permits for proposed oil and gas 22
activities in Collier County, so long as the state permits 23
comply with the requirements of Chapter 62C-25 through 24
62C-30, F.A.C. For those areas of Collier County outside 25
the boundary of the Big Cypress Watershed, 26
the applicant shall be responsible for convening the Big 27
Cypress Swamp Advisory Committee as set forth in Section 28
377.42, F.S., to assure compliance with Chapter 62C-25 29
through 62C-30, F.A.C., even if outside the defined Big 30
Cypress Watershed. All oil and gas access roads shall be 31
constructed and protected from unauthorized uses 32
according to the standards established in Rule 62C-33
30.005(2)(a)(1) through (12), F.A.C. 34
35
(c) Wireless communication facilities, subject to LDC section 36
5.05.09. 37
38
(cd) Conditional use approval criteria: In addition to the criteria 39
set forth in section 10.08.00 of this Code, the following 40
additional criteria shall apply to the approval of conditional 41
uses within RFMU sending lands: 42
43
* * * * * * * * * * * * * 44
# # # # # # # # # # # # # 45
46
47
48
49
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2.03.09 - Open Space Zoning Districts 1
2
* * * * * * * * * * * * * 3
4
B. Conservation District "CON". The purpose and intent of the conservation district "CON" is 5
to conserve, protect and maintain vital natural resource lands within unincorporated Collier 6
County that are owned primarily by the public. All native habitats possess ecological and 7
physical characteristics that justify attempts to maintain these important natural resources. 8
Barrier islands, coastal bays, wetlands, and habitat for listed species deserve particular 9
attention because of their ecological value and their sensitivity to perturbation. All 10
proposals for development in the CON district must be subject to rigorous review to 11
ensure that the impacts of the development do not destroy or unacceptably degrade the 12
inherent functional values. The CON District includes such public lands as Everglades 13
National Park, Big Cypress National Preserve, Florida Panther National Wildlife Refuge, 14
portions of the Big Cypress Area of Critical State Concern, Fakahatchee Strand State 15
Preserve, Collier-Seminole State Park, Rookery Bay National Estuarine Sanctuary 16
Research Reserve, Delnor-Wiggins State Park, and the National Audubon's Corkscrew 17
Swamp Sanctuary (privately owned), and C.R.E.W. It is the intent of the CON District to 18
require review of all development proposed within the CON District to ensure that the 19
inherent value of the County's natural resources is not destroyed or unacceptably altered. 20
The CON District corresponds to and implements the conservation land use designation 21
on the future land use map of the Collier County GMP. 22
23
* * * * * * * * * * * * * 24
25
c. Conditional uses. The following uses are permitted as conditional uses in the CON, 26
subject to the standards and procedures established in LDC section 10.08.00 and 27
further subject to: 1) submission of a plan for development as part of the 28
required EIS that demonstrates that wetlands, listed species and their habitat are 29
adequately protected; and 2) conditions which may be imposed by the Board of 30
County Commissioners, as deemed appropriate, to limit the size, location, and 31
access to the conditional use. 32
33
* * * * * * * * * * * * * 34
35
4. Staff housing in conjunction with safety service facilities and essential 36
services. 37
38
5. Wireless communication facilities, subject to LDC section 5.05.09. 39
40
* * * * * * * * * * * * * 41
# # # # # # # # # # # # # 42
43
4.02.01 Dimensional Standards for Principal Uses in Base Zoning Districts 44
45
* * * * * * * * * * * * * 46
47
D. Exemptions and exclusions from design standards. 48
49
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1. The height limitations contained in LDC subsection 4.02.01 A. Table 2. Building 1
Dimension Standards for Principal Uses in Base Zoning Districts do not apply to 2
infrastructure in support of the building, such as mechanical penthouses, elevator 3
shafts, stair shafts, mechanical equipment, mechanical screening, spires, belfries, 4
cupolas, flagpoles, antennas, communications towers wireless communication 5
facilities, water tanks, fire towers when operated by a branch of government, 6
ventilators, chimneys, feed storage structures, silos, windmills, airport control 7
towers, or other appurtenances placed above the roof level and not intended for 8
human occupancy or for commercial purposes as provided below: 9
10
* * * * * * * * * * * * * 11
# # # # # # # # # # # # # 12
13
4.02.14 Design Standards for Development in the ST and ACSC-ST Districts 14
15
* * * * * * * * * * * * * 16
17
H. Exceptions from public hearing requirements. The County Manager or designee may 18
administratively approve a site alteration plan or site development plan for land designated 19
ST or ACSC-ST without the public hearing otherwise required by this section if: 20
21
* * * * * * * * * * * * * 22
23
4. Site alteration or site development around existing communication towers wireless 24
communication facilities to expand or construct accessory structures associated 25
with an already existing tower facility, not to exceed five acres. 26
27
* * * * * * * * * * * * * 28
# # # # # # # # # # # # # 29
30
4.06.05 - General Landscaping Requirements 31
32
* * * * * * * * * * * * * 33
34
B. Landscaping requirements for industrial and commercial development. For projects 35
subject to architectural design standards, see LDC section 5.05.08 F. for related 36
provisions. 37
38
* * * * * * * * * * * * * 39
40
2. Wireless Ccommunication towersfacilities. See LDC section 5.05.09 for landscape 41
requirements that are specific to wireless communication facilities. An 8-foot high, 42
100 percent architecturally finished opaque wall must screen the security fencing 43
that surrounds a tower base. In addition, landscaping must be located on the 44
outside of such wall. The hedge requirement must also be planted around any 45
ground level guy anchors. The entire perimeter of this wall shall be landscaped in 46
at least one of the following ways so as to provide the equivalent of minimum code 47
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size trees located 25 feet on center and a 3-foot high hedge planted 3-feet on 1
center. 2
3
a. If native vegetation is present within the parcel, a minimum 20 foot 4
wide buffer strip must be preserved and used toward meeting the tree and 5
hedge planting requirement. 6
7
b. If native vegetation is present, but not dense enough to meet the equivalent 8
of the tree and hedge requirements, it must be supplemented with plantings 9
to meet the tree and hedge requirements. 10
11
c. On sites where no native vegetation is present, a 15 foot wide landscape 12
buffer with minimum code size trees located 25 feet on center and a 3 foot 13
high hedge planted 3 feet on center must be planted. 14
15
At the discretion of the county landscape architect, some or all of these landscape 16
buffering requirements may be displaced to a right-of-way landscape 17
buffer located within the parcel when it better serves the public interest of 18
screening the communication tower. 19
20
* * * * * * * * * * * * * 21
# # # # # # # # # # # # # 22
23
4.08.06 - SSA Designation 24
25
* * * * * * * * * * * * * 26
27
B. SSA Credit Generation - Stewardship Credit System. Stewardship Credits (Credits) are 28
created from any lands within the RLSA District from which one or more Land Use Layers 29
are removed and that are designated as SSAs. Once land is designated as an SSA and 30
Credits or other compensation consistent with Policy 3.8 of the RLSA Overlay is granted 31
to the owner, no increase in density or additional uses not expressly identified in the 32
Stewardship Agreement shall be allowed on such property. A methodology has been 33
adopted in the GMP for the calculation of credits based upon: 1) the Natural Resource 34
Index Value of the land being designated as an SSA, and 2) the number of land use layers 35
being eliminated. 36
37
* * * * * * * * * * * * * 38
39
4. Land Use Layers to be Eliminated. A set of Land Use Layers has been established 40
as part of the Stewardship Credit Worksheet and adopted as the Land Use 41
Matrix set forth below. Each Layer incorporates a number of the permitted 42
or conditional uses allowed under the Baseline Standards. Each Layer listed below 43
has an established credit value (percentage of a base credit) developed during the 44
RLSA Study. At the time of designation application, a landowner wishing to have 45
his/her land designated as an SSA determines how many of the Land Use Layers 46
are to be removed from the designated lands. A Land Use Layer can only be 47
removed in its entirety (all associated activities/land use are removed), and Layers 48
shall be removed sequentially and cumulatively in the order listed below. 49
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1
* * * * * * * * * * * * * 2
3
b. Land Use Matrix 4
5
Resident
ial Land
Uses
General
Conditional
Uses
Earth
Mining
and
Process
ing
Uses
Recreatio
nal Uses
Agricult
ure
Group 1
Agricult
ure -
Support
Uses
Agricult
ure
Group 2
Conser
vation,
Restor
ation
and
Natural
Resour
ces
6
* * * * * * * * * * * * * 7
8
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)
9
* * * * * * * * * * * * * 10
# # # # # # # # # # # # # 11
12
5.05.09 – Communications Towers Wireless Communication Facilities 13
14
A. Purpose and intent. The purpose and intent of this section is to regulate the siting, 15
construction, and modification of wireless communication facilities in the unincorporated 16
area of Collier County, to minimize adverse impacts to adjacent and nearby properties 17
and to otherwise protect the public health, safety, and welfare, while accommodating the 18
growing need for wireless communication services. 19
20
B. Applicability. These regulations are applicable to wireless communication facilities, 21
excluding those of a governmental entity where such facilities are utilized to provide intra-22
governmental communications not generally available to the public. 23
24
C. Exemptions. The following are exempt from this Section: 25
26
1. Noncommercial freestanding and structure-mounted "receive only" antennas that 27
receive direct broadcast satellite service or video programming services via multi-28
point distribution services, which are one meter or less in diameter in residential 29
zoning districts and three meters or less in diameter in nonresidential zoning 30
districts. These antennas shall meet all other requirements of the zoning district as 31
set forth in the LDC. 32
33
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2. Amateur radio antennas and any tower to support the antenna that is owned and 1
operated by a federally licensed amateur radio station operator used exclusively 2
for noncommercial purposes. 3
4
3. Any tower or antenna that is owned, operated, or licensed by the Federal Aviation 5
Administration (FAA) and used exclusively for aircraft navigation (NAVAIDS). 6
7
4. Any antenna and any tower to support the antenna, not greater than 35 feet in 8
height, and used exclusively as an accessory use to Essential Services. 9
10
5. Wireless communication facilities within County Rights-of-Way as set forth in the 11
Code of Laws and Ordinances, Chapter 110, Article V. Communications Facilities 12
in the County Rights-of-Way. 13
14
D. Definitions specific to LDC section 5.05.09. 15
16
1. Alternative Tower Structure means manmade trees, clock towers, bell towers, 17
steeples, light poles and similar alternative-design mounting structures that 18
accommodate, camouflage, minimize, or conceal the presence of wireless 19
communication facility equipment. This does not include existing structures 20
erected for another primary purpose, but which subsequently have antennas 21
attached to or located within them, without any reconstruction of the original 22
structure. 23
24
2. Antenna means a transmitting and/or receiving device mounted on a tower, 25
building, or structure and used in wireless communication services that radiates or 26
captures electromagnetic waves, digital signal, analog signals, and radio 27
frequencies. Antennas include, but are not limited to, directional antennas such as 28
panel and microwave dish antennas, omni-directional antennas such as whips, 29
radar antennas, amateur radio antennas, and satellite earth stations. 30
31
3. Rooftop or Building Mounted Facility means an antenna that is attached to an 32
existing non-tower rooftop, structure, or building. The Facility includes all Support 33
Facilities regardless of where they are located with respect to the antennas. 34
35
4. Search Radius Area means the limited area certified by the provider’s R adio 36
Frequency Engineer within which the proposed wireless communication facility 37
needs to be located in order to resolve the provider’s coverage and/or capacity 38
issues in the surrounding area. There is not a standard numeric distance for a 39
search radius, but instead the search radius for a particular site depends on many 40
factors including, but not limited to, population to be served, geography, and 41
topography. 42
43
5. Support Facilities means any on-site or off-site building, cabinet, or equipment 44
enclosure that houses the electronics, backup power, power generators, and other 45
freestanding equipment associated with the operation of a Wireless 46
Communication Facility. 47
48
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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 guyed towers, lattice 8
towers, monopole towers, or alternative tower structures. Except for the 9
abandonment and financial responsibility provisions contained in this section, the 10
term shall not include a pole-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 is located. 30
31
13. Wireless Communication Services means any personal wireless services as 32
defined in the Federal Telecommunications Act of 1996, including but not limited 33
to cellular, personal communications services (PCS), specialized mobile radio 34
(SMR), enhanced specialized mobile radio (ESMR), paging, and similar services 35
that currently exist or that may in the future be developed. 36
37
E. Table of allowable wireless communication facilities by zoning district. 38
39
1. Table 1. identifies the type of wireless communication facility and where it is 40
allowed, either as permitted by right (P) or by Conditional Use (CU) approval. 41
Conditional Uses shall require approval in accordance with the procedures set 42
forth in LDC section 10.08.00. The term “NP” means the tower type is not 43
permitted. 44
45
46
47
48
49
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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 Facilities may be located in all zoning districts. 3
4
2 See LDC section 5.05.09 H. for additional standards specific to the Estates (E) zoning district. 5
6
F. Design and development standards. 7
8
1. General standards applicable to all types of wireless communication facilities. 9
10
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a. Any new WCF or modification to an existing WCF that requires both a Site 1
Development Plan and building permit review may be processed 2
concurrently but at the applicant’s risk. 3
4
b. Setbacks. Except as otherwise specified within this section, wireless 5
communication facilities must satisfy the minimum setback requirements of 6
the zoning district as set forth in the LDC, as well as the requirements of 7
this section. 8
9
c. Security. 10
11
i. All wireless communication facilities and support facilities shall be 12
secured to prevent public access. 13
14
ii. Security lighting to protect on-ground facilities/equipment shall be 15
fully shielded and directed away from neighboring properties. 16
17
d. Signage. 18
19
i. Signage must be provided that includes contact information for the 20
WCF. Such signage must be viewable from the outside of the WCF. 21
22
ii. No commercial signs or advertising shall be allowed. 23
24
e. Emergency backup generators. An emergency backup generator is 25
required to be operated on each wireless communication facility site. The 26
Site Development Plan shall identity the location and connection for the 27
emergency backup generator. 28
29
f. Prohibition. No equipment or materials shall be stored or parked on the 30
site of a wireless communications facility unless used in direct support for 31
repairs of a facility. 32
33
2. Standards applicable to all towers. 34
35
a. Co-location of antennas on towers. 36
37
i. A tower owner shall permit other wireless communication service 38
providers to co-locate facilities on a tower if space and structural 39
capacity exists. However, co-location requirements shall not apply 40
to towers or structures used as power transmission poles or 41
structures owned or operated by Florida Power and Light or other 42
power companies. 43
44
ii. Towers shall be constructed to accommodate the minimum number 45
of providers required per maximum facility height requirement, as 46
outlined in Table 2. 47
48
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b. Height limitations. Towers shall be subject to the height limitations outlined 1
in Table 2. 2
3
Table 2. Tower height and co-location. 4
5
Zoning District of
Proposed Tower
Minimum Number
of Providers to Support
Maximum Facility
Height (feet)1
Agricultural
One 100
Two 130
Three 185
Four 250
All other Zoning Districts
One 100
Two 130
Three 185
6
1 Lightning rods may exceed the height limitation provided the rods are no greater than 10 7
feet in length. 8
9
c. Separation from off-site abutting uses. Towers shall be separated from 10
abutting uses in conformance with the minimum distances specified in 11
Table 3., measured from the outside of the tower base to the property line 12
of the abutting use. 13
14
Table 3. Tower separation requirements from off-site abutting uses 15
16
1 If an alternative tower structure is proposed, separation distances shall be reduced 17
to 50% of tower height. 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
Type of Facility Abutting Zoning District Minimum Separation Distance
from Abutting Uses
All Towers
Residential or Estates Zoning 100% of tower height 1
All Other Zoning 50% of tower height
Temporary
Wireless
Communication
Facility
No restrictions None
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ii. Bird diverter devices. Each guyed tower greater than 75 feet in 1
height above natural grade, shall have installed and maintained bird 2
diverter devices on each guy wire. 3
4
iii. Habitat loss. In addition to the requirements in Chapter 3, towers 5
and support facilities shall be designed, sited, and constructed to 6
minimize habitat loss within the WCF site. At such sites, road 7
access and fencing shall be designed and located to minimize on-8
site and adjacent habitat fragmentation and/or disturbances. 9
10
e. Design. Towers, excluding alternative tower structures, shall maintain a 11
galvanized gray finish or other approved compatible color, except as 12
required by federal rules or regulations. 13
14
f. Lighting. 15
16
i. No signals, lights, or illumination on towers shall be permitted 17
unless required by the Federal Aviation Administration (FAA) or 18
other applicable authority. If lighting is required the by FAA, the 19
alternatives chosen shall be the least obtrusive to the surrounding 20
community. 21
22
ii. Site lighting (not required by FAA) shall be elevated less than 20 23
feet above grade, fully shielded, and directed downward away from 24
neighboring properties. 25
26
g. Screening. 27
28
i. Wireless communication facilities shall be screened with a wall or 29
fence. The wall or fence shall be 100 percent opaque with a 30
minimum height of 8 feet and maximum height of 10 feet. The wall 31
or fence shall be designed to ensure that no unauthorized persons 32
can access the facility. Barbed wire is not a permitted material. 33
34
ii. Equipment cabinets. The overall height of ground-mounted 35
equipment or equipment enclosure shall not exceed 12 feet. 36
37
h. Landscaping. A minimum 10-foot wide Type A buffer that includes a 3-foot 38
high, continuous hedge planted 3 feet on center along the outside 39
perimeter of the wall or fence shall be required. Tree plantings within the 40
buffer shall be 12 feet in height at time of planting. 41
42
i. Existing, native vegetation on the subject site can be used to meet 43
these screening requirements. If native vegetation is present but 44
not dense enough to meet the requirements, supplemental 45
landscaping must be used to meet the screening requirements. 46
47
ii. At the discretion of the County Manager or designee, some or all of 48
these landscape buffering requirements may be displaced to a road 49
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right-of-way landscape buffer located within the parcel when it 1
better screens the tower. 2
3
i. Access and parking. Each wireless communication facility site shall have 4
access from a paved or unpaved driveway or access easement. The 5
driveway shall extend to an appropriate location on the premises to 6
accommodate a vehicle to be parked at the facility for normal maintenance. 7
One parking space shall be provided for each facility, and new towers 8
exceeding 185 feet in height shall require a minimum of two parking 9
spaces. 10
11
3. Standards applicable to all rooftop or building mounted facilities. 12
13
a. Rooftop equipment shall not occupy more than 25 percent of the roof area 14
and shall comply with the exterior building and site design standards. 15
16
b. Height limitations. 17
18
i. WCF located on a rooftop, structure, or building with a maximum 19
roofline of 20 feet or greater (measured from the average natural 20
grade) shall be permitted to have a maximum height of 20 feet 21
above the maximum roofline. 22
23
ii. WCF located on a building or structure with a maximum roofline less 24
than 20 feet (measured from the average natural grade) shall be 25
permitted to have a maximum height equal to the height of the 26
maximum roofline. 27
28
iii. WCF that are proposed to exceed the height requirements, as 29
provided herein, may be approved as a deviating component 30
through a Conditional Use request pursuant to LDC section 5.05.09 31
F.4. Distance from RSF-1 through RSF-6, and RMF-6 zoning 32
districts shall be additional criterion for Conditional Use approval. 33
34
c. Rooftop mounted facilities shall be set back from the closest outer edge of 35
the roof a distance of not less than 10 percent of the rooftop length and 36
width, but not less than five feet. 37
38
d. Antenna structures and dish type antennas shall use camouflage 39
techniques that incorporate architectural treatment to conceal or screen 40
their presence from public view through design to unobtrusively blend in 41
aesthetically with the surrounding environment. 42
43
e. Except for antennas that cannot be seen from street level, such as panel 44
antennas on parapet walls, antennas shall not extend out beyond the 45
vertical plane of any exterior wall. 46
47
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f. The design elements of the building (i.e., parapet wall, screen enclosures, 1
other mechanical equipment) shall be used to screen the wireless 2
communication facility. 3
4
g. Co-location is not required for rooftop or building mounted facilities. 5
6
4. Relief from design and development standards. An applicant requesting a 7
Conditional Use may request a deviation from the design and development 8
standards of this section as part of the Conditional Use request. Criteria for the 9
deviation will be the criteria set forth in LDC section 10.08.00 D. 10
11
G. Publicly owned property. The applicant of a WCF may proceed at their own risk with the 12
submittal of an application for a WCF located on County-owned lands while the lease 13
agreement is pending; however, no development order shall be issued by the County until 14
such agreement or lease has been fully executed. All terms and provisions of the 15
agreement or lease shall be in a form that is acceptable to the County Attorney, including 16
a release from the County of all liability regarding the WCF. 17
18
1. Height limitations for wireless communication facilities on property owned, leased, 19
or otherwise controlled by public entities, including but not limited to federal, state, 20
and/or County entities shall be as follows: 21
22
a. Facilities that are 185 feet or less in height are a permitted use by right in 23
all zoning districts. 24
25
b. Facilities that are greater than 185 feet in height shall require a Conditional 26
Use. 27
28
c. Facilities utilizing this exemption must meet all separation requirements of 29
LDC section 5.05.09 F.2.c. and Airport Overlay regulations in the LDC. 30
31
H. Wireless communication facilities in the Estates (E) Zoning District. 32
33
Wireless communication facilities are allowed on parcels designated in the Urban or Rural 34
Golden Gate Estates Sub-element in the Golden Gate Area Master Plan and are subject 35
to the following: 36
37
1. The parcel shall be a minimum 2.25 acres and adjacent to an arterial or collector 38
road. 39
40
2. The wireless communication services provider has provided evidence that the 41
service provider's search radius for the tower location requires placement of the 42
tower in the Estates Zoning District to meet its coverage requirements and that the 43
WCF cannot be co-located on an existing tower and provide the same quality 44
service coverage. 45
46
I. Application requirements in addition to the requirements of LDC section 10.02.00. 47
48
1. Supplemental tower application requirements. 49
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1
a. Evidence from a Radio Frequency Engineer that the proposed facilities 2
cannot be installed on another structure in Collier County and shall be 3
located at the proposed site to meet coverage requirements with a 4
composite propagation study illustrating, graphically, existing, and 5
proposed coverage in industry-accepted median received signal ranges. 6
7
b. If co-location is not available, the applicant shall submit an affidavit stating 8
that the applicant made diligent efforts for permission to install or co-locate 9
the WCF on all existing support structures located within the search radius 10
for the proposed tower. The applicant shall establish in the application that: 11
they are unable to provide service at existing sites nearby; no other existing 12
tower is available (including utility poles); and that no reasonable 13
alternative technology can accommodate the WCF due to one or more of 14
the following factors: 15
16
i. Insufficient height to allow the WCF to function reasonably in parity 17
with similar facilities; 18
19
ii. Insufficient structural strength to support the WCF; 20
21
iii. Insufficient space to allow the WCF to function effectively and 22
reasonably in parity with similar equipment; 23
24
iv. Resulting electromagnetic interference which cannot reasonably be 25
corrected; 26
27
v. Unavailability of a reasonable leasing agreement; and/or 28
29
vi. Other limiting factors. 30
31
2. Supplemental rooftop or building mounted facility application requirements. 32
33
a. These facilities shall require a Site Development Plan approval, pursuant 34
to LDC subsection 10.02.03 E or F. 35
36
J. Inspections. 37
38
1. All guyed towers exceeding 185 feet in height shall be inspected every three years. 39
All other towers shall be inspected every five years. Each inspection shall be 40
conducted by a qualified professional engineer or other qualified professional 41
inspector, and any inspector-recommended repairs and/or maintenance should be 42
completed without unnecessary delay. At a minimum, each inspection shall include 43
the following: 44
45
a. Tower structure: Including bolts, loose, or damaged members, and signs 46
of unusual stress or vibration. 47
48
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b. Guy wires and fittings: Check for age, strength, rust, wear, general 1
condition, and any other signs of possible failure. 2
3
c. Guy anchors and foundations: Assess for cracks in concrete, signs of 4
corrosion, erosion, movement, secure hardware, and general site 5
condition. 6
7
d. Condition of antennas, transmission lines, lighting, painting, insulators, 8
fencing, grounding, and elevator, if any. 9
10
e. For guyed towers: Tower vertical alignment and guy wire tension (both 11
required tension and present tension). 12
13
M. Abandonment. 14
15
1. Collier County may require removal of any abandoned or unused wireless 16
communications facility by the owner within 60 calendar days of confirming 17
abandonment. A WCF shall be considered abandoned if use has been 18
discontinued for 180 consecutive calendar days as determined by Collier County. 19
20
2. Where a WCF is abandoned but not removed within the specified timeframe, the 21
County may remove it and place a lien on the property following procedures set 22
forth in the Collier County Code of Laws and Ordinances, Article VI, Sec. 22-245. 23
24
3. Where a WCF is utilized for other purposes, including but not limited to lighting 25
standards and power poles, it shall not be considered abandoned if still being 26
maintained in good condition. 27
28
4. Where a WCF is removed by an owner, the owner shall restore the area to as good 29
of a condition as prior to the placement of the facility, unless otherwise instructed 30
by Collier County. 31
32
A. Purpose and intent. This section applies to specified communication towers that support 33
any antenna designed to receive or transmit electromagnetic energy, such as, but not 34
limited to, telephone, television, radio, or microwave transmissions. This section sets 35
standards for construction and facilities siting; and is intended to minimize, where 36
applicable, adverse visual impacts of towers and antennas through careful design, siting, 37
and vegetation screening; to avoid potential damage to adjacent properties from tower 38
failure; to maximize the use of specified new communication towers and, thereby, to 39
minimize the need to construct new towers; to maximize the shared use of specified tower 40
sites to minimize the need for additional tower sites; to lessen impacts new ground 41
mounted towers could have on migratory and other species of birds; to prevent 42
unnecessary habitat fragmentation and/or disturbance in siting and designing new towers; 43
and to consider the concerns of the Collier Mosquito Control District as to low flying 44
mosquito control aircraft safety. 45
46
B. Definitions unique to communications towers, section 5.05.09. 47
48
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1. As used herein "antenna" does not include (a) wire antennas or (b) "receive only" 1
dishes that have an outside diameter of less than 40 inches. 2
3
2. Effective radius means a radius of 6 miles from the respective tower unless a lesser 4
radius is approved. 5
6
3. Lesser effective radius means an approved radius of less than 6 miles. 7
8
4. "Unavailable to the applicant" means a tower that cannot accommodate the 9
applicant's proposed antenna or a site that cannot accommodate the applicant's 10
tower, antenna, and related facilities. 11
12
5. "Unavailable" means that no additional tower or site capacity is available to 13
anyone. 14
15
C. Migratory Birds and other Wildlife Considerations. 16
17
1. Ground Mounted towers. Except to the extent not feasible for the respective new 18
ground mounted tower's intended purpose(s), each new ground mounted tower 19
that will exceed a height of 75 feet (above ground), exclusive of antennas, but will 20
not exceed a height of 199 feet above natural grade, exclusive of antennas, should 21
not be guyed. If the applicant proposes that a new ground mounted tower within 22
this height range be guyed, the applicant shall have the burden of proving the 23
necessity of guying the tower. 24
25
2. Bird Diverter Devices. Each new ground mounted guyed tower installed on or after 26
February 20, 2004, greater then 75 feet in height above natural grade, exclusive 27
of antennas, shall have installed and maintained bird diverter devices on each guy 28
wire (to reduce injuries to flying birds). 29
30
3. Habitat Loss. In addition to the requirements in Chapters 3 and 10, towers and 31
other on-site facilities shall be designed, sited, and constructed to minimize habitat 32
loss within the tower footprint. At such sites, road access and fencing, to the extent 33
feasible, shall be utilized to minimize on-site and adjacent habitat fragmentation 34
and/or disturbances. 35
36
4. Security Lighting. When feasible, security lighting to protect on-ground 37
facilities/equipment shall be down-shielded to try to keep such light within the 38
outermost geographic boundaries of the tower's footprint. 39
40
D. Shared use of towers. A tower with a height in excess of 185 feet above natural grade 41
shall not be approved, unless the applicant demonstrates that no old or approved tower 42
within the effective radius can accommodate the applicant's proposed antenna and 43
ancillary equipment. Towers owned by or leased to any government are exempt from 44
these shared use provisions, except as to sharing with other governments. 45
46
1. For the purpose of discovering availability for use of towers within the effective 47
radius, the applicant shall contact the owner of all old and approved towers, within 48
the effective radius, that can possibly accommodate the needs of the applicant. 49
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The county manager or designee may preapprove the minimum allowable height 1
to determine which towers may be available for use by the applicant. A list of all 2
owners contacted, the date of each contact, the form and content of each contact, 3
and all responses shall be a part of the conditional use application. As an 4
accommodation to applicants, the county manager or designee shall retain all 5
shared use plans, records of past responses, and a list of old and approved towers. 6
If the owner of an old tower does not respond to the applicant's inquiry within a 7
reasonable time, generally 30 days or less, or the owner of an old tower will not 8
rent space to the applicant at a reasonable rental for a reasonable time period, 9
such old tower shall be deemed unavailable to that applicant. If the old tower is a 10
nonconforming structure, additional antennas may be installed thereon in 11
accordance with an approved shared use plan, provided however, no structural 12
alterations may be made to the tower, and the height of the tower inclusive of its 13
antennas may not be increased. 14
15
2. Lesser effective radius. If the applicant asserts that the effective radius for the 16
intended use is less than 6 miles, the applicant shall provide evidence that the 17
asserted lesser effective radius is based on physical and/or electrical 18
characteristics. Based on the evidence submitted by the applicant, the County 19
Manager or designee may establish a lesser effective radius. If a radius can be 20
increased by signal amplification or other means, such means must be considered 21
in determining the lesser effective radius. The antenna manufacturer's 22
specifications shall be conclusive, unless the applicant can prove they are incorrect 23
in the specific case. 24
25
3. If an approved tower within the applicant's approved effective radius may have 26
capacity available for the antenna proposed by the applicant, the application for a 27
new tower shall not be complete without the following information regarding each 28
such possibly available approved tower. Such information shall also be provided 29
for old towers to the extent it can be obtained. 30
31
Identification of the site of each possibly available tower by coordinates, street 32
address or legal description, existing uses, and tower height. 33
34
Whether shared use by the applicant of the tower is prohibited (or is not feasible) 35
for any reason. 36
37
If it has been determined that the tower owner will allow structural changes, 38
whether the tower can accommodate the proposed antenna if reasonable 39
structural changes are made. If so, the applicant shall specify what structural 40
changes would be required and an approximation of the costs of such changes. If 41
the costs of the required changes are financially impracticable, such tower shall be 42
deemed unavailable to the applicant. 43
4. The applicant shall contact the owner of each possibly available approved tower 44
to request the needed information. To enable the tower owner to respond, the 45
applicant shall provide the following information regarding the applicant's proposed 46
antenna and equipment: 47
48
a. All output frequencies of transmitter. 49
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1
b. Type of modulation, polarization of radiation, and proposed use of antenna. 2
3
c. Manufacturer, type, manufacturer's model number, a diagram of the 4
antenna's radiation pattern, and the manufacturer's specifications. 5
6
d. Power input to antenna and gain of antenna in decibels with respect to an 7
isotopic radiator. 8
9
e. Range in feet of maximum and minimum height of antenna above base of 10
tower. 11
12
f. A list of necessary ancillary equipment and description of the type of 13
transmission cable to be used. 14
15
g. Any other pertinent information needed to enable the owner to respond in 16
full to the inquiry. 17
18
E. Shared use of tower sites. A tower with a height in excess of 185 feet above natural grade 19
shall not be approved on a new tower site unless the applicant demonstrates that the 20
proposed tower, antennas, and accessory structures or uses cannot be located on any 21
conforming old site or approved site situated within the effective radius. Sites owned by 22
any government or leased to any government are exempt from these shared use 23
provisions except to other governments. 24
25
1. Except as to each old site or approved site determined by the County Manager or 26
designee, or in a shared use plan to be unavailable to the applicant, the applicant 27
shall contact the owner of all other conforming old sites and approved tower sites, 28
within the effective radius, containing sufficient land area to possibly accommodate 29
the needs of the applicant. 30
31
2. For each such possibly available tower site, the application for a new tower site 32
shall not be complete without the following information: 33
34
a. Identification of the proposed new tower site by coordinates, street address 35
or legal description, area, existing uses, topography, and significant natural 36
features. 37
38
b. Evidence that no old and no approved tower site within the effective radius 39
can accommodate the applicant's needs. 40
41
c. If the owner of an old tower site does not respond to the applicant's simple 42
letter of interest inquiry within thirty (30) days, or the owner of an old tower 43
site will not rent land to accommodate the applicant's needs for a 44
reasonable period of time at reasonable rentals, such old tower site shall 45
be deemed unavailable to the applicant. 46
47
d. The applicant is not required to supply this information to owners of 48
conforming old sites unless the old site appears to be available to the 49
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applicant by a shared use plan or the site's owner has responded positively 1
to the applicant's initial letter of inquiry. To enable the site owner to 2
respond, the applicant shall provide the site owner (and the owner of any 3
tower on the site) with the dimensional characteristics and other relevant 4
data about the tower, and a report from a professional engineer licensed in 5
the State of Florida, or other qualified expert, documenting the following: 6
7
e. tower height and design, including technical, engineering, and other 8
pertinent factors governing the intended uses and selection of the proposed 9
design. An elevation and a cross section of the towers tructure shall be 10
included. 11
12
f. Total anticipated capacity of the tower, including number and types of 13
antennas and needed transmission lines, accessory use needs including 14
specification of all required ancillary equipment, and required building and 15
parking space to accommodate same. 16
17
g. Evidence of structural integrity of the proposed tower as required by the 18
building official and, for metal towers, a statement promising full 19
compliance with the then latest edition of the standards published by the 20
Electronic Industries Association (currently EIA/TIA 222-E), or its 21
successor functional equivalent, as may be amended for local application. 22
23
3. If the site owner, or owner of a tower on the respective site, asserts that the site 24
cannot accommodate the applicant's needs, the respective owner shall specify in 25
meaningful detail reasons why the site cannot accommodate the applicant. To the 26
extent information is current and correct in the respective tower site's approved 27
shared use plan, the site owner or tower owner can refer the applicant to the 28
respective shared use plan. If the shared use plan is not then up-to-date, the plan 29
shall be brought up-to-date immediately by the owner and the written reply to the 30
applicant shall specify to what extent the shared use plan is incorrect, incomplete, 31
or otherwise not up-to-date. 32
33
4. No provision in a shared use plan, land lease, mortgage, option to purchase, lease-34
option, contract for deed, or other controlling document shall provide, or have the 35
effect, that the site is exclusive to one (1) tower, unless there is good reason for 36
such restriction, other than the prevention of competition or a desire or inclination 37
not to cooperate in good faith. If the site size is physically and electrically 38
compatible with the installation on-site of any other tower, no such document shall 39
prevent other towers, except for reasons approved by the County Manager or 40
designee. An unapproved document provision of tower exclusivity shall be grounds 41
to disapprove an application for tower site approval. 42
43
F. Required sharing. Each new tower in excess of 185 feet in height (shared use tower), 44
except towers that are approved to be perpetually unavailable, shall be designed to 45
structurally accommodate the maximum amount of additional antenna capacity 46
reasonably practicable. Although it is not required that a new tower be constructed at 47
additional expense to accommodate antennas owned by others, no new tower shall be 48
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designed to accommodate only the tower owner's proposed antennas when, without 1
additional expense, antenna space for other owners can be made available on the tower. 2
3
1. Shared use plans. Each shared use plan shall be in a standard format that has 4
been approved by the County Manager or designee. Each shared use plan shall 5
specify in detail to what extent there exists tower and/or site capacity to 6
accommodate additional antennas and/or additional towers, ancillary equipment, 7
and accessory uses. Available antenna capacity on a tower shall be stated in 8
detailed clearly understandable terms, and may be stated in equivalent flat plate 9
area and total additional available transmission line capacity. The tower owner (as 10
to tower shared use plans) and the landowner (as to site shared use plans) shall 11
update its respective approved shared use plans by promptly filing pertinent 12
update information with the County Manager or designee. Owners of old towers 13
and/or old sites may file shared use plans in accord with this section. 14
15
2. Reservation of capacity. If an applicant for a shared use tower does not plan to 16
install all of its proposed antennas during initial construction of the tower, the 17
applicant must specify the planned schedule of installing such later added 18
antennas as part of the shared use plan. An applicant cannot indefinitely prevent 19
the use of unused available antenna space on a tower by reserving to itself such 20
space. No available space can be reserved for the owner or anyone else, unless 21
approved in the shared use plan. If an antenna is not installed by the scheduled 22
deadline, the reserved space shall automatically be rendered available for use by 23
others, unless the shared use plan has, by the deadline, been amended with the 24
approval of the County Manager or designee. Deadlines may be extended even if 25
the tower is a nonconforming structure. If space has been reserved in a shared 26
use plan for future additional antenna use by the tower owner and it becomes clear 27
that such space will not be utilized by the owner, the shared use plan shall be 28
amended promptly to reflect the availability of such space. 29
30
3. Reservation of site capacity. The policy stated above applies also to additional 31
tower space on an approved tower site to prevent indefinite reservation of available 32
site space. 33
34
4. Height bonus for sharing. Notwithstanding anything to the contrary in any County 35
ordinance, any existing conforming or nonconforming tower may be permitted a 36
one-time increase in height, provided: 37
38
a. Any such increase in height does not exceed thirty (30) feet or twenty (20) 39
percent of the height of the existing tower, whichever is less; 40
41
b. The cost of such increase in height does not exceed fifty (50) percent of 42
the actual replacement cost of the tower at the time of the application; 43
44
c. A shared use plan covering the tower with the increased height is first 45
approved by the County Manager or designee; 46
47
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d. The increase in height does not cause the proposed tower to exceed any 1
required maximum height requirement for towers or make a legally 2
conforming tower become nonconforming; 3
4
e. Substantiated proof that such proposed antenna(s) may not be placed on 5
the existing tower by relocating or adjusting existing antennas and 6
equipment shall be submitted by an appropriate professional engineer 7
certified to practice in the State of Florida; and 8
9
f. A site development plan shall be submitted for review and approval if an 10
increase in tower height requires placement of, or addition to, an antenna 11
equipment building or support building. 12
13
5. Filing shared use plans. Each approved shared use plan shall be filed and 14
recorded in the Office of the Collier County Clerk of Court prior to any site 15
development plan approval. A copy of the initial shared use plan shall be filed with, 16
and approved by, the County Manager or designee prior to conditional use 17
approval. 18
19
6. Shared use plans for old towers and old tower sites. Initial shared use plans and 20
amendments for old towers require approval of the County Manager or designee. 21
Initial shared use plans and amendments for old tower sites require approval of 22
the BCC, except where an amendment reduces site and/or antenna capacity. 23
24
7. Transmitting and receiving equipment serving similar kinds of uses shall, to the 25
extent reasonable and commercially practicable, be placed on a shared use tower 26
in such a manner that any of the users in a group can operate approximately equal 27
to other users in the group utilizing substantially similar equipment. 28
29
8. Once a shared use plan for a tower is approved, additional antennas may be added 30
to that tower in accordance with the approved shared use plan without additional 31
conditional use approval even if the tower is then a nonconforming structure. The 32
shared use plan shall be immediately updated to reflect each such change. 33
Likewise, once a new shared use plan for a tower site is approved, additional 34
towers and accessory buildings and uses may be added to that site in accordance 35
with the plan without additional conditional use approval, even if the site is then 36
nonconforming. The shared use plan shall be immediately updated to reflect each 37
change. 38
39
9. For each tower with a height in excess of 185 feet that is approved, the tower 40
owner shall be required, as a condition of approval, to file an approved shared use 41
plan, except when a government tower is approved to be perpetually unavailable. 42
To the extent that there is capacity for other antennas on the tower, the plan shall 43
commit the tower owner and all successor owners to allow shared use of the tower 44
in accordance with the shared use plan for antennas of others at reasonable rates. 45
The initial proposed rates (or a range of reasonable rates) shall be specified in the 46
shared use plan, and shall be amended each time the rates are changed. When 47
antenna space on a tower is rented to others, each rental agreement shall be filed 48
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with the shared use plan. Any agreement that purports to reserve antenna space 1
for future use must be approved by the County Manager or designee. 2
10. For each new shared use tower site that is approved, the owner shall be required, 3
as a condition of approval, to file an approved shared use plan, except as to a 4
government site that is approved to be perpetually unavailable. If there is land 5
available on the site to accommodate additional towers and accessory facilities, 6
the plan shall commit the landowner and successor owners to accommodate such 7
additional facilities on the site at reasonable rents (or a range of reasonable rents) 8
which shall be specified in the shared use plan. When land is rented for facilities 9
on the site, the rental agreement shall be filed with the shared use plan. Any 10
agreement that purports to reserve land for future use of a tower and other facility 11
space must be approved by the County Manager or designee. 12
13
11. Each new tower owner or site owner, as the case may be, shall agree, as a 14
condition of approval, to respond, in writing, in a comprehensive manner within 15
thirty (30 days) to each request for information from a potential shared use 16
applicant. Government owners need to reply only to requests from another 17
government. To the extent that correct and up-to-date information is contained in 18
an approved shared use plan, the owner may refer the applicant to the shared use 19
plan for the information. If the shared use plan is incorrect, incomplete, or 20
otherwise not up-to-date, the respective owner shall, in the response, specify, in 21
detail, such information, and shall immediately bring the shared use plan up-to-22
date. 23
24
12. The tower owner or site owner, as the case may be, shall, as a condition of 25
approval, negotiate in good faith for shared use of tower space and/or site space 26
by applicants in accordance with its shared use plan. 27
28
13. All conditions of approval regarding a tower shall run with the ownership of the 29
tower and be binding on all subsequent owners of the tower. All conditions of 30
approval regarding an approved tower site shall run with the land and be binding 31
on all subsequent owners of the tower site. 32
33
G. Development standards for communication towers. 34
35
1. Except to the extent that amateur radio towers, and ground-mounted antennas 36
with a height not to exceed twenty (20) feet, are exempted by subsection 5.05.09 37
herein, no new tower of any height shall be permitted in the RSF-1 through RSF-38
6, RMF-6, VR, MH, TTRVC, and E zoning districts. However, notwithstanding other 39
provisions of this section, including the separation requirements of subsection 40
5.05.09 G.7. below, towers may be allowed to any height as a conditional use in 41
the Estate (E) zoning district only on parcels designated as Urban or Rural Golden 42
Gate Estates Sub-Element in the Golden Gate Area Master Plan or sites approved 43
for a specified essential service listed in subsection 5.05.09 G.3. below. There shall 44
be no exception to this subsection except for conditional use applications by a 45
government for a governmental use. 46
47
2. Permitted ground-mounted towers. Towers not exceeding the stated maximum 48
heights are a permitted use, subject to other applicable provisions of this section, 49
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including separate requirements and shared use provisions. towers that exceed 1
those specified maximum heights require a variance in accordance with section 2
9.04.00. 3
a. All commercial and industrial zoning districts and urban designated area 4
agricultural zoning districts: Any tower up to seventy-five (75) feet in height 5
is a permitted use, provided the base of such tower is separated a minimum 6
distance of seventy-five (75) feet from the nearest boundary with any parcel 7
of land zoned RSF-1 through RSF-6, RMF-6, E, RMF-12, RMF-16, RT, VR, 8
MH, TTRVC, or PUD permitting six (6) residential dwelling units or less. 9
Any tower that exceeds seventy-five (75) feet in height, up to a height of 10
185 feet, is a lawful use, only if permitted or otherwise provided in the 11
respective zoning district, and the base of such tower is separated from the 12
nearest boundary of any parcel of land zoned RSF-1 through RSF-6, RMF-13
6, E, RMF-12, RMF-16, RT, VR, MH, TTRVC, or PUD zoning of six (6) 14
residential dwelling units or less, by a minimum distance in feet determined 15
by multiplying the height of the tower (in feet) by a factor of two and one-16
half (2.5). (The minimum separation distance is two and one-half (2 ½) 17
times the height of the tower.) towers which do not meet the separation 18
requirement may apply for a variance in accordance with section 9.04.00. 19
20
b. Agricultural zoning districts within the rural designated area: Towers shall 21
not exceed 250 feet in height. 22
23
c. All agricultural zoning districts: No tower that exceeds 250 feet in height 24
exclusive, of any antenna affixed thereto, shall be allowed on any site 25
comprising less than ten (10) acres under common ownership or control, 26
except such towers can be approved as a conditional use on sites of less 27
than ten (10) acres if the applicant cannot, with economic feasibility, 28
acquire title to, or control of, a suitable tower site of at least ten (10) acres 29
in the required geographic vicinity of the proposed tower site. 30
31
3. Essential services—Specified conditional uses Except in the RSF-1 through RSF-32
6, and RMF-6 zoning districts, towers may be allowed to any height as a conditional 33
use on sites approved for a conditional use essential service for any of the following 34
conditional uses: safety service facilities including, but not necessarily limited to, 35
fire stations, sheriff's substation or facility, emergency medical services facility, and 36
all other similar uses where a communications tower could be considered an 37
accessory or logically associated use with the safety service conditional use on the 38
site. In addition, communications towers can be approved as a conditional use for 39
a stand-alone essential service facility, provided the tower is to be owned by, or to 40
be leased to, a governmental entity, and the primary uses of the tower are for 41
governmental purposes. 42
43
4. New towers shall be installed only on rooftops in the RMF-12, RMF-16, and RT 44
zoning districts, except amateur radio towers with a height not to exceed seventy-45
five (75) feet above the natural grade, and ground-mounted antennas with a height 46
not to exceed twenty (20) feet above the natural grade, are permitted within these 47
zoning districts. 48
49
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1
5. Ground-mounted monopole communication towers up to 150 feet in height above 2
the natural grade, including antennas affixed thereto, may be allowed as a 3
conditional use within these zoning districts. The height of each monopole 4
communication tower shall be limited to the height necessary for its use at its 5
location. 6
7
6. Rooftop towers, antenna structures, and antennas. 8
9
a. Rooftop towers, antenna structures, and antennas are allowed in all zoning 10
districts except the RSF-1 through RSF-6, RMF-6, and E zoning districts. 11
12
b. Rooftop towers, antenna structures, and antennas are, as specified, 13
subject to the following: 14
15
i. Permitted uses. Rooftop antenna structures and antennas are a 16
permitted use up to a height of twenty (20) feet above the maximum 17
roofline, provided the height of the maximum roofline is twenty (20) 18
feet or more above the average natural grade. If the maximum 19
roofline is less than twenty (20) feet above the average natural 20
grade, an antenna structure and/or antenna is a permitted use up 21
to a height that equals the distance from the average natural grade 22
to the maximum roofline. For example, if the distance from the 23
average natural grade to the maximum point of the roofline is fifteen 24
(15) feet, an antenna structure and/or antenna is a permitted use 25
up to a height of fifteen (15) feet above the maximum roofline. Any 26
antenna structure, tower, or antenna that exceeds its permitted use 27
height, as provided herein, shall require conditional use approval, 28
and the maximum allowable height of the structure, tower, and all 29
antennas shall be determined in each specific case. Distance from 30
RSF-1 through RSF-6, and RMF-6 zoning districts shall be a major 31
consideration in determining the allowable height of rooftop 32
facilities. 33
34
ii. Towers and antenna structures shall be set back from the closest 35
outer edge of the roof a distance of not less than ten (10) percent 36
of the rooftop length and width, but not less than five (5) feet, if the 37
antenna can function at the resulting location. 38
39
iii. Antenna structures and dish type antennas shall be painted to make 40
them unobtrusive. 41
42
iv. Except for antennas that cannot be seen from street level, such as 43
panel antennas on parapet walls, antennas shall not extend out 44
beyond the vertical plane of any exterior wall. 45
46
v. Where technically feasible, dish type antennas shall be constructed 47
of open mesh design. 48
49
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vi. Where feasible, the design elements of the building (i.e., parapet 1
wall, screen enclosures, other mechanical equipment) shall be 2
used to screen the communications tower, structure, and antennas. 3
4
vii. The building and roof shall be capable of supporting the roof-5
mounted antenna, structure, and tower. 6
i. No rooftop shall be considered a tower site. This section does not 7
require any sharing of any rooftop, rooftop tower, or antenna 8
structure. 9
10
7. With the exception of rooftop towers and towers on essential services sites, each 11
new communication tower shall meet the following separation requirements: 12
13
a. Each new tower that exceeds 185 feet in height shall be located not less 14
than two and one-half (2.5) times the height of the tower from all RSF-1 15
through RSF-6, and RMF-6 zoning districts, including PUDs where the 16
adjacent use(s) is/are, or comparable to, the RSF-1 through RSF-6 and 17
RMF-6 zoning districts. If a part of a PUD is not developed, and it is 18
inconclusive whether the part of a PUD area within such minimum 19
separation distance from the proposed tower site may be developed with a 20
density of six (6) units per acre or less, it shall be presumed that the PUD 21
area nearest to the proposed site will be developed at the lowest density 22
possible under the respective PUD. 23
24
b. In addition, each such new tower that exceeds a height of seventy-five (75) 25
feet, excluding antennas, shall be separated from all boundaries of 26
surrounding property zoned RMF-12, RMF-16, E, RT, VR, MH, TTRVC, H, 27
and the residential areas of PUDs with existing or planned densities greater 28
than six (6) units per acre by not less than the total height of the tower 29
including its antennas; and from all other surrounding property boundaries 30
by a distance not less than one-half (½) the height of the tower and its 31
antennas, or the tower's certified collapse area, whichever distance is 32
greater. 33
34
c. Communication towers in the Estate (E) zoning district shall be separated 35
from residentially zoned properties as follows: 36
37
i. New towers up to 75 feet in height shall be located not less than the 38
total height of the tower and antennas from all residentially zoned 39
properties. 40
41
ii. New towers over 75 feet in height shall be located not less than two 42
and one-half times the height of the tower and antennas, or the 43
certified collapse area, whichever distance is greater, from all 44
residentially zoned properties. 45
46
8. All owners of approved towers are jointly and severally liable and responsible for 47
any damage caused to off-site property as a result of a collapse of any tower 48
owned by them. 49
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1
9. Placement of more than one (1) tower on a land site is preferred and encouraged, 2
and may be permitted, provided, however, that all setbacks, design, and landscape 3
requirements are met as to each tower. structures may be located as close to each 4
other as technically feasible, provided tower failure characteristics of the towers on 5
the site will not likely result in multiple tower failures in the event that one (1) tower 6
fails, or will not otherwise present an unacceptable risk to any other tower on the 7
site. It shall be the policy of the County to make suitable County-owned land 8
available for towers and ancillary facilities at reasonable rents. 9
10
11
10. Any accessory buildings or structures shall meet the minimum yard requirements 12
for the respective zoning district. accessory uses shall not include offices, long-13
term vehicle storage, outdoor storage, broadcast studios except for temporary 14
emergency purposes, or other structures and/or uses that are not needed to send 15
or receive transmissions, and in no event shall such uses exceed twenty-five (25) 16
percent of the floor area used for transmission or reception equipment and 17
functions. Transmission equipment shall be automated, to the greatest extent 18
economically feasible, to reduce traffic and congestion. Where the site abuts, or 19
has access to, a collector street, access for motor vehicles shall be limited to the 20
collector street. All equipment shall comply with the then applicable noise 21
standards. 22
23
11. For new commercial towers exceeding 185 feet in height, a minimum of two (2) 24
parking spaces shall be provided on each site. An additional parking space for 25
each two (2) employees shall be provided at facilities which require on-site 26
personnel. Facilities which do not require on-site personnel may utilize impervious 27
parking. 28
29
30
12. All new tower bases, guy anchors, outdoor equipment, accessory buildings, and 31
accessory structures shall be fenced. This provision does not apply to amateur 32
radio towers, or to ground-mounted antennas that do not exceed twenty (20) feet 33
above grade. 34
35
13. Tower lighting. Towers and antennas with a height greater than 150 feet shall be 36
required to have red beacon or dual mode lights, unless exempted, in writing, by 37
the Collier County Mosquito Control District. Such lights shall meet the then 38
existing Federal Aviation Administration ("FAA") technical standards. No other 39
towers or antennas shall be artificially lighted, except as required by the FAA, the 40
Federal Communications Commission, or other applicable laws, ordinances, or 41
regulations. If the FAA rules require lighting, then the applicant shall comply with 42
such rules. 43
44
New towers exceeding 199 feet. Each new tower that will have a height in excess 45
of one hundred and ninety-nine (199) feet above ground, exclusive of antennas, 46
and such tower shall be lighted no more than is otherwise required by state and/or 47
federal law, rule, or regulation. Unless otherwise then required by law, rule or 48
regulation, only white strobe lights shall be used at night, unless otherwise required 49
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by the FAA, in which case red strobe-type lights shall be used. Such lights shall 1
not exceed the minimum number, minimum intensity, and minimum light flashes 2
per interval of time (requiring the longest allowable duration between light flashes) 3
required by state or federal law, rule, or regulation. Solid red (or pulsating red) 4
warning lights shall not be used at night. 5
6
14. All guyed towers exceeding 185 feet in height shall be inspected every three (3) 7
years. Self-supporting towers shall be inspected every five (5) years. Each 8
inspection shall be conducted by a qualified professional engineer or other 9
qualified professional inspector, and any inspector-recommended repairs and/or 10
maintenance should be completed without unnecessary delay. At a minimum, each 11
inspection shall include the following: 12
13
a. Tower structure: Including bolts, loose or damaged members, and signs of 14
unusual stress or vibration. 15
16
b. Guy wires and fittings: Check for age, strength, rust, wear, general 17
condition, and any other signs of possible failure. 18
19
c. Guy anchors and foundations: Assess for cracks in concrete, signs of 20
corrosion, erosion, movement, secure hardware, and general site 21
condition. 22
23
d. Condition of antennas, transmission lines, lighting, painting, insulators, 24
fencing, grounding, and elevator, if any. 25
26
e. For guyed towers: Tower vertical alignment and guy wire tension (both 27
required tension and present tension). 28
29
15. A copy of each inspection report shall be filed with the County Manager not later 30
than December 1 of the respective inspection year. If the report recommends that 31
repairs or maintenance are required, a letter shall be submitted to the County 32
Manager to verify that such repairs and/or maintenance have been completed. The 33
County shall have no responsibility under this section regarding such repairs 34
and/or maintenance. 35
36
16. Any tower that is voluntarily not used for communications for a period of one (1) 37
year shall be removed at the tower owner's expense. If a tower is not removed 38
within three (3) months after one (1) year of such voluntary non-use, the County 39
may obtain authorization, from a court of competent jurisdiction, to remove the 40
tower and accessory items, and, after removal, shall place a lien on the subject 41
property for all direct and indirect costs incurred in dismantling and disposal of the 42
tower and accessory items, plus court costs and attorney's fees. 43
44
17. For all ground-mounted guyed towers in excess of seventy-five (75) feet in height, 45
the site shall be of a size and shape sufficient to provide the minimum yard 46
requirements of that zoning district between each guy anchor and all property lines. 47
48
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18. All new metal towers, including rooftop towers, except amateur radio towers, shall 1
comply with the standards of the then latest edition published by the Electric 2
Industries Association (currently EIA/TIA 222-E) or the publication's successor 3
functional equivalent, unless amended for local application by resolution of the 4
BCC. Each new amateur radio tower with a height of seventy-five (75) feet or less 5
shall require a building permit specifying the exact location and the height of the 6
tower exclusive of antennas. Each new ground-mounted dish type antenna that 7
does not exceed a height of twenty (20) feet shall require a building permit. 8
9
19. Within the proposed tower's effective radius, information that specifies the tower's 10
physical location, in respect to public parks, designated historic buildings or 11
districts, areas of critical concern, and conservation areas, shall be submitted as 12
part of the conditional use application. This shall also apply to site plan applications 13
and/or permit applications for rooftop installations that do not require conditional 14
use approval. 15
16
20. No communication tower shall be located on any land or water if such location 17
thereon creates, or has the potential to create, harm to the site as a source of 18
biological productivity, as indispensable components of various hydrologic 19
regimes, or as irreplaceable and critical habitat for native species of flora or fauna. 20
21
21. Any existing native vegetation on the site shall be preserved and used to meet the 22
minimum landscape requirements as required by section 4.06.00. The site plan 23
shall show existing significant vegetation to be removed and vegetation to be 24
replanted to replace that lost. native vegetation may constitute part or all of the 25
required buffer area if its opacity exceeds eighty (80) percent. 26
27
22. As to communications towers and antennas, including rooftop towers, antenna 28
structures, and antennas, the height provisions of this section supersede all other 29
height limitations specified in this Code. 30
31
23. All existing and proposed ground mounted and rooftop towers and antennas with 32
a height greater than 150 feet shall be required to have a solid red beacon or dual 33
mode lights unless exempted in writing by the Collier Mosquito Control District. 34
Such lights shall meet the then existing Federal Aviation Administration (FAA) 35
technical standards. The total structure height shall include all appendages and 36
attachments, such as antennas, lights, lightening rods, or any other accessory 37
device that would extend the height of the tower. All existing towers shall have six 38
months (180 days) from June 16, 2005, to comply with the requirement. If the FAA 39
rules require lighting, then the applicant shall comply with such rules. 40
41
24. A copy of each application for a tower in excess of 150 feet shall be supplied by 42
the applicant to the Collier Mosquito Control District or designee. 43
44
25. Communication towers in the Estates (E) Zoning District. 45
46
Communication towers are allowed on parcels designated as Urban or Rural 47
Golden Gate Estates Sub-element in the Golden Gate Area Master Plan and are 48
subject to the following: 49
3.A.2.a
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1
a. The parcel is a minimum 2.25 acres and adjacent to an arterial or collector 2
road. 3
4
b. The communications provider has provided evidence that the 5
communication provider's search radius for tower placement requires 6
placement of the tower in the Estates Zoning District to meet its coverage 7
requirements and the tower cannot be co-located on an existing tower and 8
provide the same service coverage. 9
10
c. All security and site lighting shall be less than 20 feet above grade, fully 11
shielded, and directed away from neighboring properties. 12
d. Fencing height and landscaping. The required perimeter wall or fence 13
height shall be a minimum of eight feet from finished grade of base 14
supporting structure and no greater than 10 feet. A minimum 15 feet 15
landscape Type B buffer along the perimeter of wall or fence is required 16
and tree plantings within the buffer shall be 12 feet tall at time of planting. 17
18
e. Equipment cabinets. Overall height of ground-mounted equipment or 19
equipment enclosure shall not exceed 12 feet. 20
21
H. Alligator Alley communication towers. 22
23
1. Notwithstanding other provisions of section 5.05.09, and irrespective of the zoning 24
classification(s) of the underlying fee at each respective tower site, two (2) new 25
communication towers shall be permitted at locations and heights herein specified 26
within the I-75 right-of-way east of the toll booth (Alligator Alley). Two (2) of the 27
four (4) towers shall be constructed to replace two (2) existing Florida Department 28
of Transportation towers. The four (4) new telecommunication tower sites shall be 29
located approximately at: 30
31
a. Mile marker 52.2. The height of the tower shall not exceed 250 feet, 32
including antennas; 33
34
b. Mile marker 92.6 (Everglades Blvd). The height shall not exceed 250 feet, 35
including antennas; 36
37
c. The site of an existing FDOT tower located on State Road 29. The height 38
shall not exceed 310 feet, including antennas; 39
40
d. The site of an existing FDOT tower located at mile marker 63.2 at the I-75 41
Rest Area. It will replace an existing tower located on the north side of I-75 42
at mile marker 63.3. The height shall not exceed 280 feet, including 43
antennas; 44
45
e. Each tower shall be constructed with a capacity to provide for a minimum 46
of four (4) to eight (8) co-users, including Florida Department of 47
Transportation ("FDOT"), the U.S. Fish and Wildlife Service ("FWS"), the 48
3.A.2.a
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National Park Service ("NPS"), the Department of Forestry ("DOF"), and 1
County agencies, where practical. 2
3
2. Each tower shall be constructed in accordance with the standards and 4
requirements of section 5.05.09 and other applicable sections of this Code, except 5
as expressly provided otherwise in this section. 6
7
3. Minimum yard requirements. There shall be no minimum yard requirement for 8
these towers at these locations because each tower and all ancillary facilities must 9
be contained within the I-75 right-of-way, and each proposed tower must maintain 10
a separation distance from all adjacent residential property lines equal to one-half 11
(½) of the tower's height or equal to a Florida professional engineer's certified 12
collapse area (fall zone), whichever is greater, or a clear zone is maintained on 13
adjoining property by a use easement applicable to such adjoining property owner. 14
No habitable residential or non-residential structure, including offices, shall be 15
allowed within any certified collapse area (fall zone) for any of these towers. 16
17
4. Access. Physical access to each tower site shall be as approved by FDOT. 18
19
5. Parking. Sufficient unpaved area shall be provided on, or adjacent to, each tower 20
site to accommodate temporary parking for one (1) vehicle for servicing or 21
maintaining the communication tower. 22
23
6. Landscape buffer. A landscape buffer no less than ten (10) feet wide with trees 24
planted twenty-five (25) feet on center shall be developed and maintained around 25
the perimeter of each tower site and other related equipment, structures, and 26
buildings. This buffer shall encompass all structures including the tower base. At 27
least one (1) row of native vegetation shall be planted within the buffer to form a 28
continuous hedge of at least three (3) feet in height at planting. The buffer must be 29
maintained in good condition. This landscape buffer may be waived by the County 30
Manager or designee where the buffer is not practical due to public safety 31
concerns. 32
33
7. A site development plan and construction plans shall be submitted to the County 34
Manager or designee for review and approval prior to any construction of any such 35
tower. No changes, additions, or alterations may be made to any approved site 36
development plan or construction plans for any such tower without County 37
approval. 38
39
8. Tower lighting. In addition to the requirements for tower lights specified in section 40
5.05.09 of this Code, towers located in the Big Cypress Preserve and the Florida 41
Panther National Wildlife Preserve shall be lighted in accordance with the USFWS 42
guidance system requirements for tower lighting. 43
44
9. Notwithstanding any other provision in this Code, and notwithstanding the 45
underlying zoning of the respective tower site, subject to the following, the 46
communication towers and accessory facilities ("facilities") listed above, and all 47
such future facilities, are lawful uses, if located within the confines of the I-75 right-48
3.A.2.a
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of-way east of the Alligator Alley toll booth to the eastern boundary of Collier 1
County. 2
3
10. The tower and related facilities shall be subject to conditional use approval 4
whenever the tower is to exceed a height of twenty (20) feet. Towers that are to be 5
twenty (20) feet or less in height require only building permit approval from the 6
County. 7
8
a. As all such facilities must be located within the I-75 right-of-way, the 9
facilities must be subject to approval from the owner of that right-of-way, 10
including such conditions as may be required by that owner. The owner of 11
said right-of-way is the State of Florida, by and through the Florida 12
Department of Transportation. 13
14
b. The facilities must be owned by, or leased to, a governmental entity. The 15
primary uses of the facilities shall be governmental uses. Private uses of 16
the facilities, if any, shall always be incidental and subordinate to the 17
governmental uses. 18
19
c. Notwithstanding any other provision in section 5.05.09, the facilities shall 20
be subject to the tower sharing requirements of section 5.05.09 if the tower 21
is to exceed a height of 120 feet, unless the tower is a monopole. If the 22
tower is to be used only for governmental uses, the tower need be shared 23
only with other governmental entities. If the tower is to be occupied by an 24
antenna under control of a non-governmental occupant of the tower and is 25
to be used for any non-governmental use(s), the tower sharing 26
requirements that apply to non-government occupants shall be adhered to 27
as a prerequisite to occupancy of the tower. 28
29
I. Wireless emergency telephone service. Notwithstanding any other provisions of this 30
section 5.05.09, the following provisions shall apply to communications towers that provide 31
wireless emergency telephone service. 32
33
1. These facilities are essential services. 34
35
2. Each applicant for these permits is required to clearly inform County staff by means 36
of an emboldened "notice" in a cover letter or on the first page of the permit 37
application, substantially as follows: This Application is subject to the expedited 38
timelines specified in Chapter 365.172, Florida Statutes. 39
40
3. Applicants for these permits need not provide staff with evidence that a proposed 41
wireless communications facility complies with federal regulations, but staff may 42
require from such applicant proof of proper FCC licensure, and staff may request 43
the FCC to provide information as to the provider's compliance with federal 44
regulations to the extent then authorized by federal law. The County has no 45
permitting jurisdiction with regard to wireless communications facilities located (or 46
to be located) on property owned by the State of Florida, including State-owned 47
rights-of-way. 48
49
3.A.2.a
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4. Co-located facilities. Provided the then existing zoning applicable to the proposed 1
site allows E911 facilities without a need to rezone, a need to obtain conditional 2
use approval, or any other required process (such as, for example, having an 3
agreement amended), the County shall grant or deny a properly completed 4
application requesting co-location of E911 Service, or co-location for wireless 5
telephone service, not later then forty-five (45) business days after the date that a 6
properly completed application is initially submitted to staff in accordance with all 7
applicable permit application requirements in this section 5.05.09. Co-location of 8
such facilities on a then existing above-ground tower or other above-ground 9
structure shall not be subject to the land development regulations pursuant to 10
Section 163.3202, Florida Statutes, provided the height of the then existing tower 11
or structure is not thereby increased. Co-location of such antenna, or co-location 12
of related equipment, shall be subject to applicable building regulations, and with 13
all then existing permits or agreements applicable to that tower or to the underlying 14
property. Nothing herein, including the forty-five (45) business days timeline, shall 15
relieve the permit holder for, or owner of, the then existing tower or structure from 16
complying with applicable permit requirements, or applicable agreement(s), or with 17
applicable land development regulation (including aesthetic requirement), or 18
compliance with any other then applicable law(s). 19
20
5. New towers or antennas. Pursuant to Section 365.172, Florida Statutes, the 21
County shall grant or deny an application requesting location of a new wireless 22
telephone service tower, or for location of antenna(s) for wireless telephone 23
service, not later then ninety (90) business days after the date that an application 24
that fully complies with the requirements of this section 5.05.09 is submitted, 25
provided the then existing zoning applicable to the proposed site allows the E911 26
facilities without need to rezone, the need to apply for conditional use approval, or 27
other required procedures. Provided further that nothing herein shall affect permit 28
compliance of such facilities with applicable federal regulations, applicable zoning 29
and/or land development regulations (including aesthetic requirements), or with 30
applicable building regulations. 31
32
6. Sufficiency notice. Within twenty (20) business days of receiving the permit 33
application for any facility listed above in paragraphs (4) and (5) above, staff shall 34
in writing notify the permit applicant whether the application is, or is not, properly 35
completed. If such permit application is not properly completed, staff shall with 36
specificity notify the applicant of any and all deficiencies, which if cured will thereby 37
render the application being properly completed. Staff should also notify the 38
applicant whether the applicable zoning classification allows the applied-for use(s) 39
without rezoning, without conditional use approval, or without any other related 40
ancillary approval process or permission. 41
42
7. Default approval. 43
44
a. An application for E911 service, co-location of wireless telephone service, 45
or new location for wireless telephone service or antennae shall be deemed 46
to have been automatically granted provided that: 47
48
3.A.2.a
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i. Such service or facility is allowed in the applicable zoning district 1
without a rezone, without the need to apply for a conditional use, or 2
without the need to apply for some other permit; 3
4
ii. The County fails to either grant or deny the applied-for permit within 5
the time frames set forth in paragraphs (4) and (5) above, as 6
applicable; and 7
8
iii. The applicant has not agreed to an extension of time, as provided 9
in paragraph (8) below. 10
11
b. However, the applied-for permit shall not be deemed granted if final action 12
requires action by the BCC, but such action is prevented due to emergency 13
conditions beyond the County's control. In such instance, the time for final 14
action on the application shall be extended until the next regularly 15
scheduled meeting of the BCC. The permit shall be deemed to be granted 16
if the BCC fails to take final action at that time. 17
18
8. Waiver. Extensions of the above-described applicable timelines (deadlines) shall 19
not be effective except to the extent voluntarily agreed to by the permit applicant. 20
Narrow exception: a one-time timeline waiver may be required if there then exists 21
an emergency that directly affects the administration of all of the County's 22
communications tower permitting activities which had been formally declared by 23
the County, by the State of Florida, or by the federal government. 24
25
# # # # # # # # # # # # # 26
3.A.2.a
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3.A.2.b
Packet Pg. 84 Attachment: PL20230013966 - WCF Public Emails (27177 : PL20230013966 LDCA - Wireless Communications Facilities)
yd ZE> D/>͗dŚŝƐĞŵĂŝůŝƐĨƌŽŵĂŶĞdžƚĞƌŶĂůƐŽƵƌĐĞ͘ŽŶĨŝƌŵƚŚŝƐŝƐĂƚƌƵƐƚĞĚƐĞŶĚĞƌĂŶĚƵƐĞ
ĞdžƚƌĞŵĞĐĂƵƚŝŽŶǁŚĞŶŽƉĞŶŝŶŐĂƚƚĂĐŚŵĞŶƚƐŽƌĐůŝĐŬŝŶŐůŝŶŬƐ͘
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3.A.2.b
Packet Pg. 85 Attachment: PL20230013966 - WCF Public Emails (27177 : PL20230013966 LDCA - Wireless Communications Facilities)
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ĞdžƚƌĞŵĞĐĂƵƚŝŽŶǁŚĞŶŽƉĞŶŝŶŐĂƚƚĂĐŚŵĞŶƚƐŽƌĐůŝĐŬŝŶŐůŝŶŬƐ͘
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3.A.2.b
Packet Pg. 86 Attachment: PL20230013966 - WCF Public Emails (27177 : PL20230013966 LDCA - Wireless Communications Facilities)
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3.A.2.b
Packet Pg. 87 Attachment: PL20230013966 - WCF Public Emails (27177 : PL20230013966 LDCA - Wireless Communications Facilities)
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3.A.2.b
Packet Pg. 88 Attachment: PL20230013966 - WCF Public Emails (27177 : PL20230013966 LDCA - Wireless Communications Facilities)
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3.A.2.b
Packet Pg. 89 Attachment: PL20230013966 - WCF Public Emails (27177 : PL20230013966 LDCA - Wireless Communications Facilities)
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1
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;
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2
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.
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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131.Telephone communications (4812 and 4813) including1
communications towers up to specified height, subject to section2
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 in27
the general commercial district (C-4), subject to the standards and28
procedures established in LDC section 10.08.00.29
30
* * * * * * * * * * * * *31
32
7. Bottle clubs. (All establishments engaged in the retail sale of33
alcoholic beverages for on-premise consumption are subject to the34
locational requirements of section 5.05.01.).35
36
8. Communication towers above specified height, subject to section37
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.)
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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
3.A.2.b
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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
3.A.2.b
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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
3.A.2.b
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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
3.A.2.b
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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
3.A.2.b
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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
3.A.2.b
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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
3.A.2.b
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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
3.A.2.b
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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
3.A.2.b
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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
3.A.2.b
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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
3.A.2.b
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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
3.A.2.b
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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
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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
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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
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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
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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
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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
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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 Site12
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.)"
3.A.2.b
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1
b. Setbacks. Except as otherwise specified within this section, wireless2
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 be13
secured to prevent public access. 14
15
ii. Security lighting to protect on-ground facilities/equipment shall be16
fully shielded and directed away from neighboring properties. 17
18
d. Sidewalks, bike lane, and pathway requirements. All WCF shall comply19
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 currently23
undeveloped; and 24
25
ii. The facility is proposed to be located on a leased area that is less26
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 the34
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 to44
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)
3.A.2.b
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ii.Relief from tower separation requirements. Reductions in the2
required separation distances may be approved through a 3
Variance. 4
5
iii. Relief from height limitations. Any WCF that is proposed to exceed6
the height requirements of this LDC section may be approved 7
through a Variance . 8
9
iv. Relief from other related LDC requirements. Wireless10
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 the14
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 communications22
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 minimum29
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 be33
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…
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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 from4
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 will22
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 in26
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
3.A.2.b
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sites, road access and fencing shall be designed and located to 1
minimize on-site and adjacent habitat fragmentation and/or 2
disturbances. 3
4
e. Design.5
6
i.Towers, not including alternative tower structures, shall maintain a7
galvanized gray finish or other approved compatible color, except 8
as required by federal rules or regulations. 9
10
f. Lighting.11
12
i.No signals, lights, or illumination shall be permitted unless required13
by the Federal Aviation Administration (FAA) or other applicable 14
authority. If lighting is required the by FAA, the alternatives chosen 15
shall be the least obtrusive to the surrounding community. 16
17
ii. Site lighting (not required by FAA) shall be elevated less than 2018
feet above grade, fully shielded, and directed downward away from 19
neighboring properties. 20
21
g. Screening.22
23
i.Wireless communication facilities and support facilities shall be24
screened with landscaping and a wall, fence, or combination of 25
both. The wall or fence shall be 100 percent opaque with a 26
minimum height of 8 feet and maximum height of 10 feet. The wall 27
or fence shall be designed to ensure that no unauthorized persons 28
can access the facility. Barbed wire is not a permitted material. 29
30
ii. Equipment cabinets. The overall height of ground-mounted31
equipment or equipment enclosure shall not exceed 12 feet. 32
33
iii. Landscaping. A minimum 10-foot wide Type A buffer along the34
outside perimeter of the wall or fence shall be required. Tree 35
plantings within the buffer shall be 12 feet in height at time of 36
planting. 37
38
a)Existing, native vegetation on the subject site can be used39
to meet these screening requirements. If native40
vegetation is present but not dense enough to meet the41
requirements, supplemental landscaping must be used to42
meet the screening requirements.43
44
b)At the discretion of the County Manager or designee, some45
or all of these landscape buffering requirements may be46
displaced to a road right-of-way landscape buffer located47
within the parcel when it better screens the tower.48
49
h.Access and parking. Each wireless communication facility site shall have50
access from a paved or unpaved driveway or access easement. The 51
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driveway shall extend to an appropriate location on the premises to 1
accommodate a vehicle to be parked at the facility for normal maintenance. 2
One parking space shall be provided for each facility, and new towers 3
exceeding 185 feet in height shall require a minimum of two parking 4
spaces. 5
6
3.Standards applicable to all rooftop or building mounted facilities.7
8
a.Rooftop equipment shall not occupy more than 25 percent of the roof area9
and shall comply with the exterior building and site design standards. 10
11
b. Height limitations.12
13
i.Facilities located on a rooftop, structure, or building with a maximum14
roofline of 20 feet or greater (measured from the average natural 15
grade) shall be permitted to have a maximum height of 20 feet 16
above the maximum roofline. 17
18
ii. Facilities located on a building or structure with a maximum roofline19
less than 20 feet (measured from the average natural grade) shall 20
be permitted to have a maximum height equal to the height of the 21
maximum roofline. 22
23
iii. Any facility that is proposed to exceed the height requirements, as24
provided herein, may be approved as a deviating component 25
through a Conditional Use request pursuant to LDC section 5.05.09 26
F.1.g. Distance from RSF-1 through RSF-6, and RMF-6 zoning27
districts shall be additional criterion for Conditional Use approval. 28
29
c.Facilities shall be set back from the closest outer edge of the roof a distance30
of not less than 10 percent of the rooftop length and width, but not less than 31
five feet. 32
33
d.Antenna structures and dish type antennas shall use camouflage34
techniques that incorporate architectural treatment to conceal or screen 35
their presence from public view through design to unobtrusively blend in 36
aesthetically with the surrounding environment. 37
38
e.Except for antennas that cannot be seen from street level, such as panel39
antennas on parapet walls, antennas shall not extend out beyond the 40
vertical plane of any exterior wall. 41
42
f.The design elements of the building (i.e., parapet wall, screen enclosures,43
other mechanical equipment) shall be used to screen the wireless 44
communication facility and support facility. 45
46
g.Co-location is not required for rooftop or building mounted facilities.47
48
G. Publicly owned property. The applicant of a WCF may proceed at their own risk with the 49
submittal of an application for a WCF located on County-owned lands without having a 50
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fully executed agreement or lease in place with the County; however, no development 1
order shall be issued by the County until such agreement or lease has been fully executed. 2
All terms and provisions of the agreement or lease shall be in a form that is acceptable to 3
the County Attorney, including a release from the County of all liability regarding the WCF. 4
5
1.Height limitations for wireless communication facilities on property owned, leased,6
or otherwise controlled by public entities, including but not limited to federal, state, 7
and/or County entities shall be as follows: 8
9
a.Facilities that are 185 feet or less in height are a permitted use by right in10
all zoning districts. 11
12
b.Facilities that are greater than 185 feet in height shall require a Conditional13
Use. 14
15
c.Facilities utilizing this exemption must meet all separation requirements of16
LDC section 5.05.09 F.2.d. and Airport Overlay regulations in the LDC. 17
18
H.Wireless communication facilities in the Estates (E) Zoning District. 19
20
Wireless communication facilities are allowed on parcels designated in the Urban or Rural 21
Golden Gate Estates Sub-element in the Golden Gate Area Master Plan and are subject 22
to the following: 23
24
1.The parcel shall be a minimum 2.25 acres and adjacent to an arterial or collector25
road. 26
27
2.The wireless communication services provider has provided evidence that the28
service provider's search radius for the tower location requires placement of the 29
tower in the Estates Zoning District to meet its coverage requirements and that the 30
WCF cannot be co-located on an existing tower and provide the same quality 31
service coverage. 32
33
I.Application requirements in addition to the requirements of LDC section 10.02.00. 34
35
1.Supplemental tower application requirements.36
37
a.Evidence from a Radio Frequency Engineer that the proposed facilities38
cannot be installed on another structure in Collier County and shall be 39
located at the proposed site to meet coverage requirements with a 40
composite propagation study illustrating, graphically, existing, and 41
proposed coverage in industry-accepted median received signal ranges. 42
43
b.If co-location is not available, the applicant shall submit an affidavit stating44
that the applicant made diligent efforts for permission to install or co-locate 45
the facilities on all existing support structures located within the search 46
radius for the proposed facility. The applicant shall establish in the 47
application that: they are unable to provide service at existing sites nearby; 48
no other existing structure is available (including utility poles); and that no 49
reasonable alternative technology can accommodate the facility due to one 50
or more of the following factors: 51
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1
iii. Insufficient space to allow the facility to function effectively and2
reasonably in parity with similar equipment; 3
4
iv. Resulting electromagnetic interference which cannot reasonably be5
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, pursuant16
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 or21
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 if25
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 facility36
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.
3.A.2.b
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be conducted by a qualified professional engineer or other qualified professional 1
inspector, and any inspector-recommended repairs and/or maintenance should be 2
completed without unnecessary delay. At a minimum, each inspection shall include 3
the following: 4
5
a.Tower structure: Including bolts, loose, or damaged members, and signs6
of unusual stress or vibration. 7
8
b.Guy wires and fittings: Check for age, strength, rust, wear, general9
condition, and any other signs of possible failure. 10
11
c.Guy anchors and foundations: Assess for cracks in concrete, signs of12
corrosion, erosion, movement, secure hardware, and general site 13
condition. 14
15
d.Condition of antennas, transmission lines, lighting, painting, insulators,16
fencing, grounding, and elevator, if any. 17
18
e.For guyed towers: Tower vertical alignment and guy wire tension (both19
required tension and present tension). 20
21
M. Abandonment. 22
23
1.Collier County may require removal of any abandoned or unused wireless24
communications facility by the owner within 60 calendar days of confirming 25
abandonment. A WCF shall be considered abandoned if use has been 26
discontinued for 180 consecutive calendar days as determined by Collier County. 27
28
2.Where a WCF is abandoned but not removed within the specified timeframe, the29
County may remove it and place a lien on the property following procedures for 30
demolition of an unsafe structure. 31
32
3.Where a WCF is utilized for other purposes, including but not limited to, lighting33
standards and power poles it shall not be considered abandoned if still being 34
maintained in good condition. 35
36
4.Where a WCF is removed by an owner, the owner shall restore the area to as good37
of a condition as prior to the placement of the facility, unless otherwise instructed 38
by Collier County. 39
40
A.Purpose and intent. This section applies to specified communication towers that support 41
any antenna designed to receive or transmit electromagnetic energy, such as, but not 42
limited to, telephone, television, radio, or microwave transmissions. This section sets 43
standards for construction and facilities siting; and is intended to minimize, where 44
applicable, adverse visual impacts of towers and antennas through careful design, siting, 45
and vegetation screening; to avoid potential damage to adjacent properties from tower 46
failure; to maximize the use of specified new communication towers and, thereby, to 47
minimize the need to construct new towers; to maximize the shared use of specified tower 48
sites to minimize the need for additional tower sites; to lessen impacts new ground 49
mounted towers could have on migratory and other species of birds; to prevent 50
unnecessary habitat fragmentation and/or disturbance in siting and designing new towers; 51
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and to consider the concerns of the Collier Mosquito Control District as to low flying 1
mosquito control aircraft safety. 2
3
B. Definitions unique to communications towers, section 5.05.09. 4
5
1. As used herein "antenna" does not include (a) wire antennas or (b) "receive only" 6
dishes that have an outside diameter of less than 40 inches. 7
8
2. Effective radius means a radius of 6 miles from the respective tower unless a lesser 9
radius is approved. 10
11
3. Lesser effective radius means an approved radius of less than 6 miles. 12
13
4. "Unavailable to the applicant" means a tower that cannot accommodate the 14
applicant's proposed antenna or a site that cannot accommodate the applicant's 15
tower, antenna, and related facilities. 16
17
5. "Unavailable" means that no additional tower or site capacity is available to 18
anyone. 19
20
C. Migratory Birds and other Wildlife Considerations. 21
22
1. Ground Mounted towers. Except to the extent not feasible for the respective new 23
ground mounted tower's intended purpose(s), each new ground mounted tower 24
that will exceed a height of 75 feet (above ground), exclusive of antennas, but will 25
not exceed a height of 199 feet above natural grade, exclusive of antennas, should 26
not be guyed. If the applicant proposes that a new ground mounted tower within 27
this height range be guyed, the applicant shall have the burden of proving the 28
necessity of guying the tower. 29
30
2. Bird Diverter Devices. Each new ground mounted guyed tower installed on or after 31
February 20, 2004, greater then 75 feet in height above natural grade, exclusive 32
of antennas, shall have installed and maintained bird diverter devices on each guy 33
wire (to reduce injuries to flying birds). 34
35
3. Habitat Loss. In addition to the requirements in Chapters 3 and 10, towers and 36
other on-site facilities shall be designed, sited, and constructed to minimize habitat 37
loss within the tower footprint. At such sites, road access and fencing, to the extent 38
feasible, shall be utilized to minimize on-site and adjacent habitat fragmentation 39
and/or disturbances. 40
41
4. Security Lighting. When feasible, security lighting to protect on-ground 42
facilities/equipment shall be down-shielded to try to keep such light within the 43
outermost geographic boundaries of the tower's footprint. 44
45
D. Shared use of towers. A tower with a height in excess of 185 feet above natural grade 46
shall not be approved, unless the applicant demonstrates that no old or approved tower 47
within the effective radius can accommodate the applicant's proposed antenna and 48
ancillary equipment. Towers owned by or leased to any government are exempt from 49
these shared use provisions, except as to sharing with other governments. 50
51
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1. For the purpose of discovering availability for use of towers within the effective 1
radius, the applicant shall contact the owner of all old and approved towers, within 2
the effective radius, that can possibly accommodate the needs of the applicant. 3
The county manager or designee may preapprove the minimum allowable height 4
to determine which towers may be available for use by the applicant. A list of all 5
owners contacted, the date of each contact, the form and content of each contact, 6
and all responses shall be a part of the conditional use application. As an 7
accommodation to applicants, the county manager or designee shall retain all 8
shared use plans, records of past responses, and a list of old and approved towers. 9
If the owner of an old tower does not respond to the applicant's inquiry within a 10
reasonable time, generally 30 days or less, or the owner of an old tower will not 11
rent space to the applicant at a reasonable rental for a reasonable time period, 12
such old tower shall be deemed unavailable to that applicant. If the old tower is a 13
nonconforming structure, additional antennas may be installed thereon in 14
accordance with an approved shared use plan, provided however, no structural 15
alterations may be made to the tower, and the height of the tower inclusive of its 16
antennas may not be increased. 17
18
2. Lesser effective radius. If the applicant asserts that the effective radius for the 19
intended use is less than 6 miles, the applicant shall provide evidence that the 20
asserted lesser effective radius is based on physical and/or electrical 21
characteristics. Based on the evidence submitted by the applicant, the County 22
Manager or designee may establish a lesser effective radius. If a radius can be 23
increased by signal amplification or other means, such means must be considered 24
in determining the lesser effective radius. The antenna manufacturer's 25
specifications shall be conclusive, unless the applicant can prove they are incorrect 26
in the specific case. 27
28
3. If an approved tower within the applicant's approved effective radius may have 29
capacity available for the antenna proposed by the applicant, the application for a 30
new tower shall not be complete without the following information regarding each 31
such possibly available approved tower. Such information shall also be provided 32
for old towers to the extent it can be obtained. 33
34
Identification of the site of each possibly available tower by coordinates, street 35
address or legal description, existing uses, and tower height. 36
37
Whether shared use by the applicant of the tower is prohibited (or is not feasible) 38
for any reason. 39
40
If it has been determined that the tower owner will allow structural changes, 41
whether the tower can accommodate the proposed antenna if reasonable 42
structural changes are made. If so, the applicant shall specify what structural 43
changes would be required and an approximation of the costs of such changes. If 44
the costs of the required changes are financially impracticable, such tower shall be 45
deemed unavailable to the applicant. 46
4. The applicant shall contact the owner of each possibly available approved tower 47
to request the needed information. To enable the tower owner to respond, the 48
applicant shall provide the following information regarding the applicant's proposed 49
antenna and equipment: 50
51
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a. All output frequencies of transmitter. 1
2
b. Type of modulation, polarization of radiation, and proposed use of antenna. 3
4
c. Manufacturer, type, manufacturer's model number, a diagram of the 5
antenna's radiation pattern, and the manufacturer's specifications. 6
7
d. Power input to antenna and gain of antenna in decibels with respect to an 8
isotopic radiator. 9
10
e. Range in feet of maximum and minimum height of antenna above base of 11
tower. 12
13
f. A list of necessary ancillary equipment and description of the type of 14
transmission cable to be used. 15
16
g. Any other pertinent information needed to enable the owner to respond in 17
full to the inquiry. 18
19
E. Shared use of tower sites. A tower with a height in excess of 185 feet above natural grade 20
shall not be approved on a new tower site unless the applicant demonstrates that the 21
proposed tower, antennas, and accessory structures or uses cannot be located on any 22
conforming old site or approved site situated within the effective radius. Sites owned by 23
any government or leased to any government are exempt from these shared use 24
provisions except to other governments. 25
26
1. Except as to each old site or approved site determined by the County Manager or 27
designee, or in a shared use plan to be unavailable to the applicant, the applicant 28
shall contact the owner of all other conforming old sites and approved tower sites, 29
within the effective radius, containing sufficient land area to possibly accommodate 30
the needs of the applicant. 31
32
2. For each such possibly available tower site, the application for a new tower site 33
shall not be complete without the following information: 34
35
a. Identification of the proposed new tower site by coordinates, street address 36
or legal description, area, existing uses, topography, and significant natural 37
features. 38
39
b. Evidence that no old and no approved tower site within the effective radius 40
can accommodate the applicant's needs. 41
42
c. If the owner of an old tower site does not respond to the applicant's simple 43
letter of interest inquiry within thirty (30) days, or the owner of an old tower 44
site will not rent land to accommodate the applicant's needs for a 45
reasonable period of time at reasonable rentals, such old tower site shall 46
be deemed unavailable to the applicant. 47
48
d. The applicant is not required to supply this information to owners of 49
conforming old sites unless the old site appears to be available to the 50
applicant by a shared use plan or the site's owner has responded positively 51
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to the applicant's initial letter of inquiry. To enable the site owner to 1
respond, the applicant shall provide the site owner (and the owner of any 2
tower on the site) with the dimensional characteristics and other relevant 3
data about the tower, and a report from a professional engineer licensed in 4
the State of Florida, or other qualified expert, documenting the following: 5
6
e. tower height and design, including technical, engineering, and other 7
pertinent factors governing the intended uses and selection of the proposed 8
design. An elevation and a cross section of the towers tructure shall be 9
included. 10
11
f. Total anticipated capacity of the tower, including number and types of 12
antennas and needed transmission lines, accessory use needs including 13
specification of all required ancillary equipment, and required building and 14
parking space to accommodate same. 15
16
g. Evidence of structural integrity of the proposed tower as required by the 17
building official and, for metal towers, a statement promising full 18
compliance with the then latest edition of the standards published by the 19
Electronic Industries Association (currently EIA/TIA 222-E), or its 20
successor functional equivalent, as may be amended for local application. 21
22
3. If the site owner, or owner of a tower on the respective site, asserts that the site 23
cannot accommodate the applicant's needs, the respective owner shall specify in 24
meaningful detail reasons why the site cannot accommodate the applicant. To the 25
extent information is current and correct in the respective tower site's approved 26
shared use plan, the site owner or tower owner can refer the applicant to the 27
respective shared use plan. If the shared use plan is not then up-to-date, the plan 28
shall be brought up-to-date immediately by the owner and the written reply to the 29
applicant shall specify to what extent the shared use plan is incorrect, incomplete, 30
or otherwise not up-to-date. 31
32
4. No provision in a shared use plan, land lease, mortgage, option to purchase, lease-33
option, contract for deed, or other controlling document shall provide, or have the 34
effect, that the site is exclusive to one (1) tower, unless there is good reason for 35
such restriction, other than the prevention of competition or a desire or inclination 36
not to cooperate in good faith. If the site size is physically and electrically 37
compatible with the installation on-site of any other tower, no such document shall 38
prevent other towers, except for reasons approved by the County Manager or 39
designee. An unapproved document provision of tower exclusivity shall be grounds 40
to disapprove an application for tower site approval. 41
42
F. Required sharing. Each new tower in excess of 185 feet in height (shared use tower), 43
except towers that are approved to be perpetually unavailable, shall be designed to 44
structurally accommodate the maximum amount of additional antenna capacity 45
reasonably practicable. Although it is not required that a new tower be constructed at 46
additional expense to accommodate antennas owned by others, no new tower shall be 47
designed to accommodate only the tower owner's proposed antennas when, without 48
additional expense, antenna space for other owners can be made available on the tower. 49
50
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1. Shared use plans. Each shared use plan shall be in a standard format that has 1
been approved by the County Manager or designee. Each shared use plan shall 2
specify in detail to what extent there exists tower and/or site capacity to 3
accommodate additional antennas and/or additional towers, ancillary equipment, 4
and accessory uses. Available antenna capacity on a tower shall be stated in 5
detailed clearly understandable terms, and may be stated in equivalent flat plate 6
area and total additional available transmission line capacity. The tower owner (as 7
to tower shared use plans) and the landowner (as to site shared use plans) shall 8
update its respective approved shared use plans by promptly filing pertinent 9
update information with the County Manager or designee. Owners of old towers 10
and/or old sites may file shared use plans in accord with this section. 11
12
2. Reservation of capacity. If an applicant for a shared use tower does not plan to 13
install all of its proposed antennas during initial construction of the tower, the 14
applicant must specify the planned schedule of installing such later added 15
antennas as part of the shared use plan. An applicant cannot indefinitely prevent 16
the use of unused available antenna space on a tower by reserving to itself such 17
space. No available space can be reserved for the owner or anyone else, unless 18
approved in the shared use plan. If an antenna is not installed by the scheduled 19
deadline, the reserved space shall automatically be rendered available for use by 20
others, unless the shared use plan has, by the deadline, been amended with the 21
approval of the County Manager or designee. Deadlines may be extended even if 22
the tower is a nonconforming structure. If space has been reserved in a shared 23
use plan for future additional antenna use by the tower owner and it becomes clear 24
that such space will not be utilized by the owner, the shared use plan shall be 25
amended promptly to reflect the availability of such space. 26
27
3. Reservation of site capacity. The policy stated above applies also to additional 28
tower space on an approved tower site to prevent indefinite reservation of available 29
site space. 30
31
4. Height bonus for sharing. Notwithstanding anything to the contrary in any County 32
ordinance, any existing conforming or nonconforming tower may be permitted a 33
one-time increase in height, provided: 34
35
a. Any such increase in height does not exceed thirty (30) feet or twenty (20) 36
percent of the height of the existing tower, whichever is less; 37
38
b. The cost of such increase in height does not exceed fifty (50) percent of 39
the actual replacement cost of the tower at the time of the application; 40
41
c. A shared use plan covering the tower with the increased height is first 42
approved by the County Manager or designee; 43
44
d. The increase in height does not cause the proposed tower to exceed any 45
required maximum height requirement for towers or make a legally 46
conforming tower become nonconforming; 47
48
e. Substantiated proof that such proposed antenna(s) may not be placed on 49
the existing tower by relocating or adjusting existing antennas and 50
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equipment shall be submitted by an appropriate professional engineer 1
certified to practice in the State of Florida; and 2
3
f. A site development plan shall be submitted for review and approval if an 4
increase in tower height requires placement of, or addition to, an antenna 5
equipment building or support building. 6
7
5. Filing shared use plans. Each approved shared use plan shall be filed and 8
recorded in the Office of the Collier County Clerk of Court prior to any site 9
development plan approval. A copy of the initial shared use plan shall be filed with, 10
and approved by, the County Manager or designee prior to conditional use 11
approval. 12
13
6. Shared use plans for old towers and old tower sites. Initial shared use plans and 14
amendments for old towers require approval of the County Manager or designee. 15
Initial shared use plans and amendments for old tower sites require approval of 16
the BCC, except where an amendment reduces site and/or antenna capacity. 17
18
7. Transmitting and receiving equipment serving similar kinds of uses shall, to the 19
extent reasonable and commercially practicable, be placed on a shared use tower 20
in such a manner that any of the users in a group can operate approximately equal 21
to other users in the group utilizing substantially similar equipment. 22
23
8. Once a shared use plan for a tower is approved, additional antennas may be added 24
to that tower in accordance with the approved shared use plan without additional 25
conditional use approval even if the tower is then a nonconforming structure. The 26
shared use plan shall be immediately updated to reflect each such change. 27
Likewise, once a new shared use plan for a tower site is approved, additional 28
towers and accessory buildings and uses may be added to that site in accordance 29
with the plan without additional conditional use approval, even if the site is then 30
nonconforming. The shared use plan shall be immediately updated to reflect each 31
change. 32
33
9. For each tower with a height in excess of 185 feet that is approved, the tower 34
owner shall be required, as a condition of approval, to file an approved shared use 35
plan, except when a government tower is approved to be perpetually unavailable. 36
To the extent that there is capacity for other antennas on the tower, the plan shall 37
commit the tower owner and all successor owners to allow shared use of the tower 38
in accordance with the shared use plan for antennas of others at reasonable rates. 39
The initial proposed rates (or a range of reasonable rates) shall be specified in the 40
shared use plan, and shall be amended each time the rates are changed. When 41
antenna space on a tower is rented to others, each rental agreement shall be filed 42
with the shared use plan. Any agreement that purports to reserve antenna space 43
for future use must be approved by the County Manager or designee. 44
10. For each new shared use tower site that is approved, the owner shall be required, 45
as a condition of approval, to file an approved shared use plan, except as to a 46
government site that is approved to be perpetually unavailable. If there is land 47
available on the site to accommodate additional towers and accessory facilities, 48
the plan shall commit the landowner and successor owners to accommodate such 49
additional facilities on the site at reasonable rents (or a range of reasonable rents) 50
which shall be specified in the shared use plan. When land is rented for facilities 51
3.A.2.b
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on the site, the rental agreement shall be filed with the shared use plan. Any 1
agreement that purports to reserve land for future use of a tower and other facility 2
space must be approved by the County Manager or designee. 3
4
11. Each new tower owner or site owner, as the case may be, shall agree, as a 5
condition of approval, to respond, in writing, in a comprehensive manner within 6
thirty (30 days) to each request for information from a potential shared use 7
applicant. Government owners need to reply only to requests from another 8
government. To the extent that correct and up-to-date information is contained in 9
an approved shared use plan, the owner may refer the applicant to the shared use 10
plan for the information. If the shared use plan is incorrect, incomplete, or 11
otherwise not up-to-date, the respective owner shall, in the response, specify, in 12
detail, such information, and shall immediately bring the shared use plan up-to-13
date. 14
15
12. The tower owner or site owner, as the case may be, shall, as a condition of 16
approval, negotiate in good faith for shared use of tower space and/or site space 17
by applicants in accordance with its shared use plan. 18
19
13. All conditions of approval regarding a tower shall run with the ownership of the 20
tower and be binding on all subsequent owners of the tower. All conditions of 21
approval regarding an approved tower site shall run with the land and be binding 22
on all subsequent owners of the tower site. 23
24
G. Development standards for communication towers. 25
26
1. Except to the extent that amateur radio towers, and ground-mounted antennas 27
with a height not to exceed twenty (20) feet, are exempted by subsection 5.05.09 28
herein, no new tower of any height shall be permitted in the RSF-1 through RSF-29
6, RMF-6, VR, MH, TTRVC, and E zoning districts. However, notwithstanding other 30
provisions of this section, including the separation requirements of subsection 31
5.05.09 G.7. below, towers may be allowed to any height as a conditional use in 32
the Estate (E) zoning district only on parcels designated as Urban or Rural Golden 33
Gate Estates Sub-Element in the Golden Gate Area Master Plan or sites approved 34
for a specified essential service listed in subsection 5.05.09 G.3. below. There shall 35
be no exception to this subsection except for conditional use applications by a 36
government for a governmental use. 37
38
2. Permitted ground-mounted towers. Towers not exceeding the stated maximum 39
heights are a permitted use, subject to other applicable provisions of this section, 40
including separate requirements and shared use provisions. towers that exceed 41
those specified maximum heights require a variance in accordance with section 42
9.04.00. 43
a. All commercial and industrial zoning districts and urban designated area 44
agricultural zoning districts: Any tower up to seventy-five (75) feet in height 45
is a permitted use, provided the base of such tower is separated a minimum 46
distance of seventy-five (75) feet from the nearest boundary with any parcel 47
of land zoned RSF-1 through RSF-6, RMF-6, E, RMF-12, RMF-16, RT, VR, 48
MH, TTRVC, or PUD permitting six (6) residential dwelling units or less. 49
Any tower that exceeds seventy-five (75) feet in height, up to a height of 50
185 feet, is a lawful use, only if permitted or otherwise provided in the 51
3.A.2.b
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respective zoning district, and the base of such tower is separated from the 1
nearest boundary of any parcel of land zoned RSF-1 through RSF-6, RMF-2
6, E, RMF-12, RMF-16, RT, VR, MH, TTRVC, or PUD zoning of six (6) 3
residential dwelling units or less, by a minimum distance in feet determined 4
by multiplying the height of the tower (in feet) by a factor of two and one-5
half (2.5). (The minimum separation distance is two and one-half (2 ½) 6
times the height of the tower.) towers which do not meet the separation 7
requirement may apply for a variance in accordance with section 9.04.00. 8
9
b. Agricultural zoning districts within the rural designated area: Towers shall 10
not exceed 250 feet in height. 11
12
c. All agricultural zoning districts: No tower that exceeds 250 feet in height 13
exclusive, of any antenna affixed thereto, shall be allowed on any site 14
comprising less than ten (10) acres under common ownership or control, 15
except such towers can be approved as a conditional use on sites of less 16
than ten (10) acres if the applicant cannot, with economic feasibility, 17
acquire title to, or control of, a suitable tower site of at least ten (10) acres 18
in the required geographic vicinity of the proposed tower site. 19
20
3. Essential services—Specified conditional uses Except in the RSF-1 through RSF-21
6, and RMF-6 zoning districts, towers may be allowed to any height as a conditional 22
use on sites approved for a conditional use essential service for any of the following 23
conditional uses: safety service facilities including, but not necessarily limited to, 24
fire stations, sheriff's substation or facility, emergency medical services facility, and 25
all other similar uses where a communications tower could be considered an 26
accessory or logically associated use with the safety service conditional use on the 27
site. In addition, communications towers can be approved as a conditional use for 28
a stand-alone essential service facility, provided the tower is to be owned by, or to 29
be leased to, a governmental entity, and the primary uses of the tower are for 30
governmental purposes. 31
32
4. New towers shall be installed only on rooftops in the RMF-12, RMF-16, and RT 33
zoning districts, except amateur radio towers with a height not to exceed seventy-34
five (75) feet above the natural grade, and ground-mounted antennas with a height 35
not to exceed twenty (20) feet above the natural grade, are permitted within these 36
zoning districts. 37
38
39
5. Ground-mounted monopole communication towers up to 150 feet in height above 40
the natural grade, including antennas affixed thereto, may be allowed as a 41
conditional use within these zoning districts. The height of each monopole 42
communication tower shall be limited to the height necessary for its use at its 43
location. 44
45
6. Rooftop towers, antenna structures, and antennas. 46
47
a. Rooftop towers, antenna structures, and antennas are allowed in all zoning 48
districts except the RSF-1 through RSF-6, RMF-6, and E zoning districts. 49
50
3.A.2.b
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b. Rooftop towers, antenna structures, and antennas are, as specified, 1
subject to the following: 2
3
i. Permitted uses. Rooftop antenna structures and antennas are a 4
permitted use up to a height of twenty (20) feet above the maximum 5
roofline, provided the height of the maximum roofline is twenty (20) 6
feet or more above the average natural grade. If the maximum 7
roofline is less than twenty (20) feet above the average natural 8
grade, an antenna structure and/or antenna is a permitted use up 9
to a height that equals the distance from the average natural grade 10
to the maximum roofline. For example, if the distance from the 11
average natural grade to the maximum point of the roofline is fifteen 12
(15) feet, an antenna structure and/or antenna is a permitted use 13
up to a height of fifteen (15) feet above the maximum roofline. Any 14
antenna structure, tower, or antenna that exceeds its permitted use 15
height, as provided herein, shall require conditional use approval, 16
and the maximum allowable height of the structure, tower, and all 17
antennas shall be determined in each specific case. Distance from 18
RSF-1 through RSF-6, and RMF-6 zoning districts shall be a major 19
consideration in determining the allowable height of rooftop 20
facilities. 21
22
ii. Towers and antenna structures shall be set back from the closest 23
outer edge of the roof a distance of not less than ten (10) percent 24
of the rooftop length and width, but not less than five (5) feet, if the 25
antenna can function at the resulting location. 26
27
iii. Antenna structures and dish type antennas shall be painted to make 28
them unobtrusive. 29
30
iv. Except for antennas that cannot be seen from street level, such as 31
panel antennas on parapet walls, antennas shall not extend out 32
beyond the vertical plane of any exterior wall. 33
34
v. Where technically feasible, dish type antennas shall be constructed 35
of open mesh design. 36
37
vi. Where feasible, the design elements of the building (i.e., parapet 38
wall, screen enclosures, other mechanical equipment) shall be 39
used to screen the communications tower, structure, and antennas. 40
41
vii. The building and roof shall be capable of supporting the roof-42
mounted antenna, structure, and tower. 43
i. No rooftop shall be considered a tower site. This section does not 44
require any sharing of any rooftop, rooftop tower, or antenna 45
structure. 46
47
7. With the exception of rooftop towers and towers on essential services sites, each 48
new communication tower shall meet the following separation requirements: 49
50
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a. Each new tower that exceeds 185 feet in height shall be located not less 1
than two and one-half (2.5) times the height of the tower from all RSF-1 2
through RSF-6, and RMF-6 zoning districts, including PUDs where the 3
adjacent use(s) is/are, or comparable to, the RSF-1 through RSF-6 and 4
RMF-6 zoning districts. If a part of a PUD is not developed, and it is 5
inconclusive whether the part of a PUD area within such minimum 6
separation distance from the proposed tower site may be developed with a 7
density of six (6) units per acre or less, it shall be presumed that the PUD 8
area nearest to the proposed site will be developed at the lowest density 9
possible under the respective PUD. 10
11
b. In addition, each such new tower that exceeds a height of seventy-five (75) 12
feet, excluding antennas, shall be separated from all boundaries of 13
surrounding property zoned RMF-12, RMF-16, E, RT, VR, MH, TTRVC, H, 14
and the residential areas of PUDs with existing or planned densities greater 15
than six (6) units per acre by not less than the total height of the tower 16
including its antennas; and from all other surrounding property boundaries 17
by a distance not less than one-half (½) the height of the tower and its 18
antennas, or the tower's certified collapse area, whichever distance is 19
greater. 20
21
c. Communication towers in the Estate (E) zoning district shall be separated 22
from residentially zoned properties as follows: 23
24
i. New towers up to 75 feet in height shall be located not less than the 25
total height of the tower and antennas from all residentially zoned 26
properties. 27
28
ii. New towers over 75 feet in height shall be located not less than two 29
and one-half times the height of the tower and antennas, or the 30
certified collapse area, whichever distance is greater, from all 31
residentially zoned properties. 32
33
8. All owners of approved towers are jointly and severally liable and responsible for 34
any damage caused to off-site property as a result of a collapse of any tower 35
owned by them. 36
37
9. Placement of more than one (1) tower on a land site is preferred and encouraged, 38
and may be permitted, provided, however, that all setbacks, design, and landscape 39
requirements are met as to each tower. structures may be located as close to each 40
other as technically feasible, provided tower failure characteristics of the towers on 41
the site will not likely result in multiple tower failures in the event that one (1) tower 42
fails, or will not otherwise present an unacceptable risk to any other tower on the 43
site. It shall be the policy of the County to make suitable County-owned land 44
available for towers and ancillary facilities at reasonable rents. 45
46
47
10. Any accessory buildings or structures shall meet the minimum yard requirements 48
for the respective zoning district. accessory uses shall not include offices, long-49
term vehicle storage, outdoor storage, broadcast studios except for temporary 50
emergency purposes, or other structures and/or uses that are not needed to send 51
3.A.2.b
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or receive transmissions, and in no event shall such uses exceed twenty-five (25) 1
percent of the floor area used for transmission or reception equipment and 2
functions. Transmission equipment shall be automated, to the greatest extent 3
economically feasible, to reduce traffic and congestion. Where the site abuts, or 4
has access to, a collector street, access for motor vehicles shall be limited to the 5
collector street. All equipment shall comply with the then applicable noise 6
standards. 7
8
11. For new commercial towers exceeding 185 feet in height, a minimum of two (2) 9
parking spaces shall be provided on each site. An additional parking space for 10
each two (2) employees shall be provided at facilities which require on-site 11
personnel. Facilities which do not require on-site personnel may utilize impervious 12
parking. 13
14
15
12. All new tower bases, guy anchors, outdoor equipment, accessory buildings, and 16
accessory structures shall be fenced. This provision does not apply to amateur 17
radio towers, or to ground-mounted antennas that do not exceed twenty (20) feet 18
above grade. 19
20
13. Tower lighting. Towers and antennas with a height greater than 150 feet shall be 21
required to have red beacon or dual mode lights, unless exempted, in writing, by 22
the Collier County Mosquito Control District. Such lights shall meet the then 23
existing Federal Aviation Administration ("FAA") technical standards. No other 24
towers or antennas shall be artificially lighted, except as required by the FAA, the 25
Federal Communications Commission, or other applicable laws, ordinances, or 26
regulations. If the FAA rules require lighting, then the applicant shall comply with 27
such rules. 28
29
New towers exceeding 199 feet. Each new tower that will have a height in excess 30
of one hundred and ninety-nine (199) feet above ground, exclusive of antennas, 31
and such tower shall be lighted no more than is otherwise required by state and/or 32
federal law, rule, or regulation. Unless otherwise then required by law, rule or 33
regulation, only white strobe lights shall be used at night, unless otherwise required 34
by the FAA, in which case red strobe-type lights shall be used. Such lights shall 35
not exceed the minimum number, minimum intensity, and minimum light flashes 36
per interval of time (requiring the longest allowable duration between light flashes) 37
required by state or federal law, rule, or regulation. Solid red (or pulsating red) 38
warning lights shall not be used at night. 39
40
14. All guyed towers exceeding 185 feet in height shall be inspected every three (3) 41
years. Self-supporting towers shall be inspected every five (5) years. Each 42
inspection shall be conducted by a qualified professional engineer or other 43
qualified professional inspector, and any inspector-recommended repairs and/or 44
maintenance should be completed without unnecessary delay. At a minimum, each 45
inspection shall include the following: 46
47
a. Tower structure: Including bolts, loose or damaged members, and signs of 48
unusual stress or vibration. 49
50
3.A.2.b
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b. Guy wires and fittings: Check for age, strength, rust, wear, general 1
condition, and any other signs of possible failure. 2
3
c. Guy anchors and foundations: Assess for cracks in concrete, signs of 4
corrosion, erosion, movement, secure hardware, and general site 5
condition. 6
7
d. Condition of antennas, transmission lines, lighting, painting, insulators, 8
fencing, grounding, and elevator, if any. 9
10
e. For guyed towers: Tower vertical alignment and guy wire tension (both 11
required tension and present tension). 12
13
15. A copy of each inspection report shall be filed with the County Manager not later 14
than December 1 of the respective inspection year. If the report recommends that 15
repairs or maintenance are required, a letter shall be submitted to the County 16
Manager to verify that such repairs and/or maintenance have been completed. The 17
County shall have no responsibility under this section regarding such repairs 18
and/or maintenance. 19
20
16. Any tower that is voluntarily not used for communications for a period of one (1) 21
year shall be removed at the tower owner's expense. If a tower is not removed 22
within three (3) months after one (1) year of such voluntary non-use, the County 23
may obtain authorization, from a court of competent jurisdiction, to remove the 24
tower and accessory items, and, after removal, shall place a lien on the subject 25
property for all direct and indirect costs incurred in dismantling and disposal of the 26
tower and accessory items, plus court costs and attorney's fees. 27
28
17. For all ground-mounted guyed towers in excess of seventy-five (75) feet in height, 29
the site shall be of a size and shape sufficient to provide the minimum yard 30
requirements of that zoning district between each guy anchor and all property lines. 31
32
18. All new metal towers, including rooftop towers, except amateur radio towers, shall 33
comply with the standards of the then latest edition published by the Electric 34
Industries Association (currently EIA/TIA 222-E) or the publication's successor 35
functional equivalent, unless amended for local application by resolution of the 36
BCC. Each new amateur radio tower with a height of seventy-five (75) feet or less 37
shall require a building permit specifying the exact location and the height of the 38
tower exclusive of antennas. Each new ground-mounted dish type antenna that 39
does not exceed a height of twenty (20) feet shall require a building permit. 40
41
19. Within the proposed tower's effective radius, information that specifies the tower's 42
physical location, in respect to public parks, designated historic buildings or 43
districts, areas of critical concern, and conservation areas, shall be submitted as 44
part of the conditional use application. This shall also apply to site plan applications 45
and/or permit applications for rooftop installations that do not require conditional 46
use approval. 47
48
20. No communication tower shall be located on any land or water if such location 49
thereon creates, or has the potential to create, harm to the site as a source of 50
3.A.2.b
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biological productivity, as indispensable components of various hydrologic 1
regimes, or as irreplaceable and critical habitat for native species of flora or fauna. 2
3
21. Any existing native vegetation on the site shall be preserved and used to meet the 4
minimum landscape requirements as required by section 4.06.00. The site plan 5
shall show existing significant vegetation to be removed and vegetation to be 6
replanted to replace that lost. native vegetation may constitute part or all of the 7
required buffer area if its opacity exceeds eighty (80) percent. 8
9
22. As to communications towers and antennas, including rooftop towers, antenna 10
structures, and antennas, the height provisions of this section supersede all other 11
height limitations specified in this Code. 12
13
23. All existing and proposed ground mounted and rooftop towers and antennas with 14
a height greater than 150 feet shall be required to have a solid red beacon or dual 15
mode lights unless exempted in writing by the Collier Mosquito Control District. 16
Such lights shall meet the then existing Federal Aviation Administration (FAA) 17
technical standards. The total structure height shall include all appendages and 18
attachments, such as antennas, lights, lightening rods, or any other accessory 19
device that would extend the height of the tower. All existing towers shall have six 20
months (180 days) from June 16, 2005, to comply with the requirement. If the FAA 21
rules require lighting, then the applicant shall comply with such rules. 22
23
24. A copy of each application for a tower in excess of 150 feet shall be supplied by 24
the applicant to the Collier Mosquito Control District or designee. 25
26
25. Communication towers in the Estates (E) Zoning District. 27
28
Communication towers are allowed on parcels designated as Urban or Rural 29
Golden Gate Estates Sub-element in the Golden Gate Area Master Plan and are 30
subject to the following: 31
32
a. The parcel is a minimum 2.25 acres and adjacent to an arterial or collector 33
road. 34
35
b. The communications provider has provided evidence that the 36
communication provider's search radius for tower placement requires 37
placement of the tower in the Estates Zoning District to meet its coverage 38
requirements and the tower cannot be co-located on an existing tower and 39
provide the same service coverage. 40
41
c. All security and site lighting shall be less than 20 feet above grade, fully 42
shielded, and directed away from neighboring properties. 43
d. Fencing height and landscaping. The required perimeter wall or fence 44
height shall be a minimum of eight feet from finished grade of base 45
supporting structure and no greater than 10 feet. A minimum 15 feet 46
landscape Type B buffer along the perimeter of wall or fence is required 47
and tree plantings within the buffer shall be 12 feet tall at time of planting. 48
49
e. Equipment cabinets. Overall height of ground-mounted equipment or 50
equipment enclosure shall not exceed 12 feet. 51
3.A.2.b
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1
H. Alligator Alley communication towers. 2
3
1. Notwithstanding other provisions of section 5.05.09, and irrespective of the zoning 4
classification(s) of the underlying fee at each respective tower site, two (2) new 5
communication towers shall be permitted at locations and heights herein specified 6
within the I-75 right-of-way east of the toll booth (Alligator Alley). Two (2) of the 7
four (4) towers shall be constructed to replace two (2) existing Florida Department 8
of Transportation towers. The four (4) new telecommunication tower sites shall be 9
located approximately at: 10
11
a. Mile marker 52.2. The height of the tower shall not exceed 250 feet, 12
including antennas; 13
14
b. Mile marker 92.6 (Everglades Blvd). The height shall not exceed 250 feet, 15
including antennas; 16
17
c. The site of an existing FDOT tower located on State Road 29. The height 18
shall not exceed 310 feet, including antennas; 19
20
d. The site of an existing FDOT tower located at mile marker 63.2 at the I-75 21
Rest Area. It will replace an existing tower located on the north side of I-75 22
at mile marker 63.3. The height shall not exceed 280 feet, including 23
antennas; 24
25
e. Each tower shall be constructed with a capacity to provide for a minimum 26
of four (4) to eight (8) co-users, including Florida Department of 27
Transportation ("FDOT"), the U.S. Fish and Wildlife Service ("FWS"), the 28
National Park Service ("NPS"), the Department of Forestry ("DOF"), and 29
County agencies, where practical. 30
31
2. Each tower shall be constructed in accordance with the standards and 32
requirements of section 5.05.09 and other applicable sections of this Code, except 33
as expressly provided otherwise in this section. 34
35
3. Minimum yard requirements. There shall be no minimum yard requirement for 36
these towers at these locations because each tower and all ancillary facilities must 37
be contained within the I-75 right-of-way, and each proposed tower must maintain 38
a separation distance from all adjacent residential property lines equal to one-half 39
(½) of the tower's height or equal to a Florida professional engineer's certified 40
collapse area (fall zone), whichever is greater, or a clear zone is maintained on 41
adjoining property by a use easement applicable to such adjoining property owner. 42
No habitable residential or non-residential structure, including offices, shall be 43
allowed within any certified collapse area (fall zone) for any of these towers. 44
45
4. Access. Physical access to each tower site shall be as approved by FDOT. 46
47
5. Parking. Sufficient unpaved area shall be provided on, or adjacent to, each tower 48
site to accommodate temporary parking for one (1) vehicle for servicing or 49
maintaining the communication tower. 50
51
3.A.2.b
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6. Landscape buffer. A landscape buffer no less than ten (10) feet wide with trees 1
planted twenty-five (25) feet on center shall be developed and maintained around 2
the perimeter of each tower site and other related equipment, structures, and 3
buildings. This buffer shall encompass all structures including the tower base. At 4
least one (1) row of native vegetation shall be planted within the buffer to form a 5
continuous hedge of at least three (3) feet in height at planting. The buffer must be 6
maintained in good condition. This landscape buffer may be waived by the County 7
Manager or designee where the buffer is not practical due to public safety 8
concerns. 9
10
7. A site development plan and construction plans shall be submitted to the County 11
Manager or designee for review and approval prior to any construction of any such 12
tower. No changes, additions, or alterations may be made to any approved site 13
development plan or construction plans for any such tower without County 14
approval. 15
16
8. Tower lighting. In addition to the requirements for tower lights specified in section 17
5.05.09 of this Code, towers located in the Big Cypress Preserve and the Florida 18
Panther National Wildlife Preserve shall be lighted in accordance with the USFWS 19
guidance system requirements for tower lighting. 20
21
9. Notwithstanding any other provision in this Code, and notwithstanding the 22
underlying zoning of the respective tower site, subject to the following, the 23
communication towers and accessory facilities ("facilities") listed above, and all 24
such future facilities, are lawful uses, if located within the confines of the I-75 right-25
of-way east of the Alligator Alley toll booth to the eastern boundary of Collier 26
County. 27
28
10. The tower and related facilities shall be subject to conditional use approval 29
whenever the tower is to exceed a height of twenty (20) feet. Towers that are to be 30
twenty (20) feet or less in height require only building permit approval from the 31
County. 32
33
a. As all such facilities must be located within the I-75 right-of-way, the 34
facilities must be subject to approval from the owner of that right-of-way, 35
including such conditions as may be required by that owner. The owner of 36
said right-of-way is the State of Florida, by and through the Florida 37
Department of Transportation. 38
39
b. The facilities must be owned by, or leased to, a governmental entity. The 40
primary uses of the facilities shall be governmental uses. Private uses of 41
the facilities, if any, shall always be incidental and subordinate to the 42
governmental uses. 43
44
c. Notwithstanding any other provision in section 5.05.09, the facilities shall 45
be subject to the tower sharing requirements of section 5.05.09 if the tower 46
is to exceed a height of 120 feet, unless the tower is a monopole. If the 47
tower is to be used only for governmental uses, the tower need be shared 48
only with other governmental entities. If the tower is to be occupied by an 49
antenna under control of a non-governmental occupant of the tower and is 50
to be used for any non-governmental use(s), the tower sharing 51
3.A.2.b
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requirements that apply to non-government occupants shall be adhered to 1
as a prerequisite to occupancy of the tower. 2
3
I. Wireless emergency telephone service. Notwithstanding any other provisions of this 4
section 5.05.09, the following provisions shall apply to communications towers that provide 5
wireless emergency telephone service. 6
7
1. These facilities are essential services. 8
9
2. Each applicant for these permits is required to clearly inform County staff by means 10
of an emboldened "notice" in a cover letter or on the first page of the permit 11
application, substantially as follows: This Application is subject to the expedited 12
timelines specified in Chapter 365.172, Florida Statutes. 13
14
3. Applicants for these permits need not provide staff with evidence that a proposed 15
wireless communications facility complies with federal regulations, but staff may 16
require from such applicant proof of proper FCC licensure, and staff may request 17
the FCC to provide information as to the provider's compliance with federal 18
regulations to the extent then authorized by federal law. The County has no 19
permitting jurisdiction with regard to wireless communications facilities located (or 20
to be located) on property owned by the State of Florida, including State-owned 21
rights-of-way. 22
23
4. Co-located facilities. Provided the then existing zoning applicable to the proposed 24
site allows E911 facilities without a need to rezone, a need to obtain conditional 25
use approval, or any other required process (such as, for example, having an 26
agreement amended), the County shall grant or deny a properly completed 27
application requesting co-location of E911 Service, or co-location for wireless 28
telephone service, not later then forty-five (45) business days after the date that a 29
properly completed application is initially submitted to staff in accordance with all 30
applicable permit application requirements in this section 5.05.09. Co-location of 31
such facilities on a then existing above-ground tower or other above-ground 32
structure shall not be subject to the land development regulations pursuant to 33
Section 163.3202, Florida Statutes, provided the height of the then existing tower 34
or structure is not thereby increased. Co-location of such antenna, or co-location 35
of related equipment, shall be subject to applicable building regulations, and with 36
all then existing permits or agreements applicable to that tower or to the underlying 37
property. Nothing herein, including the forty-five (45) business days timeline, shall 38
relieve the permit holder for, or owner of, the then existing tower or structure from 39
complying with applicable permit requirements, or applicable agreement(s), or with 40
applicable land development regulation (including aesthetic requirement), or 41
compliance with any other then applicable law(s). 42
43
5. New towers or antennas. Pursuant to Section 365.172, Florida Statutes, the 44
County shall grant or deny an application requesting location of a new wireless 45
telephone service tower, or for location of antenna(s) for wireless telephone 46
service, not later then ninety (90) business days after the date that an application 47
that fully complies with the requirements of this section 5.05.09 is submitted, 48
provided the then existing zoning applicable to the proposed site allows the E911 49
facilities without need to rezone, the need to apply for conditional use approval, or 50
other required procedures. Provided further that nothing herein shall affect permit 51
3.A.2.b
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compliance of such facilities with applicable federal regulations, applicable zoning 1
and/or land development regulations (including aesthetic requirements), or with 2
applicable building regulations. 3
4
6. Sufficiency notice. Within twenty (20) business days of receiving the permit 5
application for any facility listed above in paragraphs (4) and (5) above, staff shall 6
in writing notify the permit applicant whether the application is, or is not, properly 7
completed. If such permit application is not properly completed, staff shall with 8
specificity notify the applicant of any and all deficiencies, which if cured will thereby 9
render the application being properly completed. Staff should also notify the 10
applicant whether the applicable zoning classification allows the applied-for use(s) 11
without rezoning, without conditional use approval, or without any other related 12
ancillary approval process or permission. 13
14
7. Default approval. 15
16
a. An application for E911 service, co-location of wireless telephone service, 17
or new location for wireless telephone service or antennae shall be deemed 18
to have been automatically granted provided that: 19
20
i. Such service or facility is allowed in the applicable zoning district 21
without a rezone, without the need to apply for a conditional use, or 22
without the need to apply for some other permit; 23
24
ii. The County fails to either grant or deny the applied-for permit within 25
the time frames set forth in paragraphs (4) and (5) above, as 26
applicable; and 27
28
iii. The applicant has not agreed to an extension of time, as provided 29
in paragraph (8) below. 30
31
b. However, the applied-for permit shall not be deemed granted if final action 32
requires action by the BCC, but such action is prevented due to emergency 33
conditions beyond the County's control. In such instance, the time for final 34
action on the application shall be extended until the next regularly 35
scheduled meeting of the BCC. The permit shall be deemed to be granted 36
if the BCC fails to take final action at that time. 37
38
8. Waiver. Extensions of the above-described applicable timelines (deadlines) shall 39
not be effective except to the extent voluntarily agreed to by the permit applicant. 40
Narrow exception: a one-time timeline waiver may be required if there then exists 41
an emergency that directly affects the administration of all of the County's 42
communications tower permitting activities which had been formally declared by 43
the County, by the State of Florida, or by the federal government. 44
45
# # # # # # # # # # # # # 46
3.A.2.b
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3.A.2.c
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1
Eric Johnson
From:Berkey, Kathleen "Katie" <KBerkey@beckerlawyers.com>
Sent:Tuesday, November 28, 2023 4:05 PM
To:Michael Bosi
Cc:Eric Johnson; Marissa Fewell; Albuernes, Milena
Subject:PL20230013966 Comments
Attachments:20231128160440639.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.
Good afternoon Mike,
Please accept the attached as comments from SBA as to pending PL20230013966 to be considered by the
Planning Commission next week.
Thank you for your time and attention, and in advance for including the attached letter in the case file in
preparation for Planning Commission.
Best regards,
Katie Berkey
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
3.A.2.d
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2
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.
3.A.2.d
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3.A.2.dPacket Pg. 156Attachment: Letter - Berkey (11-28-2023) (27177 : PL20230013966 LDCA - Wireless Communications Facilities)
12/07/2023
COLLIER COUNTY
Collier County Planning Commission
Item Number: 3.A.3
Doc ID: 27179
Item Summary: PL20220006373 LDCA - Mobile Food Dispensing Vehicles and Food Truck Parks - An
Ordinance of the Board of County Commissioners of Collier County, Florida, amending Ordinance Number 04-41,
as amended, the Collier County Land Development Code, which includes the comprehensive land regulations for
the unincorporated area of Collier County, Florida, to allow Food Truck Parks in the Commercial Intermediate
District (C-3), General Commercial District (C-4), Heavy Commercial District (C-5), Business Park District (BP),
Industrial District (I), Public Use District (P), and establishing regulations for Mobile Food Dispensing Vehicles
and Food Truck Parks, by providing for: Section One, Recitals; Section Two, Findings of Fact; Section Three,
adoption of amendments to the Land Development Code, more specifically amending the following: Chapter One -
General Provisions, including Section 1.08.02 - Definitions; Chapter Two - Zoning Districts and Uses, including
Section 2.03.03 - Commercial Zoning Districts, Section 2.03.04 - Industrial Zoning Districts, and Section 2.03.05 -
Civic and Institutional Zoning Districts; Chapter Four – Site Design and Development Standards. Including Section
4.05.04 - Parking Space Requirements; Chapter Five - Supplemental Standards, creating new Section 5.05.16 -
Mobile Food Dispensing Vehicles and Food Truck Parks; Section Four, Conflict and Severability; Section Five,
Inclusion in the Collier County Land Development Code; and Section Six, Effective Date. [Coordinator: Richard
Henderlong, Planner III]
Meeting Date: 12/07/2023
Prepared by:
Title: Planner, Principal – Zoning
Name: Eric Johnson
11/14/2023 9:17 AM
Submitted by:
Title: Zoning Director – Zoning
Name: Mike Bosi
11/14/2023 9:17 AM
Approved By:
Review:
Planning Commission Diane Lynch Review item Completed 11/14/2023 5:37 PM
Zoning Eric Johnson Additional Reviewer Completed 11/16/2023 8:42 AM
Operations & Regulatory Management Donna Guitard Additional Reviewer Completed 11/16/2023 3:21 PM
Zoning Mike Bosi Division Director Completed 11/21/2023 3:35 PM
Growth Management Community Development Department James C French GMD Deputy Dept Head Completed
11/27/2023 3:32 PM
Planning Commission Ray Bellows Meeting Pending 12/07/2023 5:05 PM
3.A.3
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LAND DEVELOPMENT CODE AMENDMENT
PETITION
PL20220006373
SUMMARY OF AMENDMENT
Th is Land Development Code (LDC) amendment shall establish the
provisions for Food Truck Parks as a conditional use in the C-3, C-4, C-5
Commercial, BP-Business Park, I -Industrial, and PU -Public Use Zoning
Districts. It defines a Food Truck Park, a Mobile Food Dispensing Vehicle
(MFDV), sets forth specific development standards for Mobile Food Truck
Parks, and provides for the accessory use of MFDVs. This LDC
amendment requires a companion amendment to the Administrative Code
for Land Development. LDC amendments are reviewed by the Board,
Collier County Planning Commission (CCPC), Development Services
Advisory Committee (DSAC), and the Land D evelopment Review
Subcommittee of the DSAC (DSAC -LDR).
ORIGIN
Board of County
Commissioners (Board)
HEARING DATE S LDC SECTION TO BE AMENDED
BCC TBD 1.08.02
2.03.03
2.03.04
2.03.05
4.05.04
5.05.16
Definitions
Commercial Zoning Districts
Industrial Zoning District s
Civic and Institutional Zoning Districts
Parking Space Requirements
Mobile Food Dispensing Vehicles and Food Truck Parks (New
Section)
CCPC 12/07/2023
DSAC 11/01/2023
DSAC-LDR 10/17/2023
ADVISORY BOARD RECOMMENDATIONS
DSAC -LDR
Approval with recommendation
DSAC
Approval with recommendation
CCPC
TBD
BACKGROUND
On October 12, 2021, after hearing an appeal of an official interpretation of a comparable use determination, the
Board of Zoning Appeals (BZA) determined that a food truck park is not a permitted use but rather is a site specific
use for a parcel of land in the C-3 Zoning district. The BZA directed staff to bring back a n LDC amendment
supporting the conditional use process for Food Truck Parks. Their primary concern was the impacts that a food
truck park would have on the surrounding residential neighborhoods, particularly the issues of noise (outdoor
amplified music) and alcohol consumption , occurring at the bar/dance stage area (entertainment) at Celebration Park
Food Truck Court off of Bayshore Drive. The Board recognized the need to adopt development standards specific
to mobile food dispensing vehicles that permanently operate in a food truck park rather than as temporary and
transportable retail food facilities or itinerant catering service. It further became confusing to licensed food truck
operators and to the general public that there are no specific standards or existing code provisions for the permanent
placement of mobile food dispensing vehicles (MFDVs), and that an active, social, pedestrian friendly, and
integrative entertainment environment would be difficult to attain countywide on a daily basis by right of use.
Located in a designated area, a concentrated number of mobile food dispensing vehicles eating options can create
the feel of a street festival, social interactions, and employme nt opportunities.
When fixed food trucks, with or without outdoor seating, are sustained in a permanent location, they require a potable
water source, waste water disposal site, central propane tank, minimum separation distances between vehicles and
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fire hydrants, access to restrooms, adequate lighting, landscaping, and off -street parking areas. The required off-
street parking areas must be located in a manner so as not to block accessways, walkways, driveways, loading zones
or interfere with the site’s c irculation ways. An additional consideration is to minimize any unnecessary noise or
fumes to surrounding residential properties in working relationship with generators.
The Florida Statutes defines a “mobile food dispensing vehicle.” This definition an d other related definitions are
provided in Exhibit A.
Food truck parks can serve as vibrant public spaces where a variety of activities take place and provide a unique
setting for the service of food in areas that have historically not been serviced by a concentration of traditional
restaurants. In addition, several images of Food Truck Parks are illustrated in Exhibit B. Left unaddressed and
unplanned, multiple mobile food dispensing vehicles can congest sidewalks, streets, become unsanitary, and form
an imposing wall that can block views and access to the face of other buildings or structures without appropriate
screening or design standards.
This amendment addresses the pedestrian -oriented, permanent placement of MFDVs with ente rtainment activities as
opposed to transportable or temporary retail food vehicles that are parked at or nearby an existing restaurant, retail
strip center, or allowed by a special event permit. Staff compared site development plans for food truck parks
a pproved in the County and compared them to the requirements and standards that were adopted in other jurisdictions.
This research reveals certain commonalities and improvements, which support the proposed design standards and
requirements. It sets forth recommendations to protect public health, safety, and evade congestion concerns as
hazards to traffic and pedestrian movement, life or property, or an obstruction to the adequate access to fire, refueling
of gas tanks, restrooms, parking, and refuse. For example, in 2021, numerous fire code violations had been cited at
the Celebration Food Truck Park which eventually had been resolved. Additionally, a notice of violation had been
issued for an existing gas station site that had been operating permanently food trucks and outdoor seating without a
temporary use permit for special sales event or an approved site development plan . (See Exhibit D).
Per LDC section 10.08.00, this amendment requires a conditional use approval by the BZA for a permanent food
truck park with alcohol sales, amplified sound and outdoor entertainment , that if controlled as to the number, area,
location, or relation to the neighborhood would be compatible and promote the public health, safety, and general
welfare. It introduces specif ic requirements, a definition for both, a MFDV and MFTP and allows by right, a n
MFDV as an accessory use to an existing business establishment. Further, it allows a MFTP, as a permitted use,
devoid of alcohol sales or outdoor amplified sound with entertainment.
The respective zoning districts where a n MFTP may be conditionally approved are in the C-3, C-4, C-5, I, BP, and
PU districts. DBPR’s Mobile Food Dispensing Vehicle Plan Review Application is provided in Exhibit C.
DSAC-LDR Subcommittee Recommendation: The DSAC-LDR Subcommittee recommended approval by
incorporating the term “full cutoff” outdoor lighting fixtures and not “fully shielded”. This change has been
incorporated into the amendment as follows:
“Outdoor lighting fixtures shall be full cutoffs to direct glare and excessive lighting away from adjacent
property. Nuisance lighting, such as, flashing or strobing lights, shall be prohibited.”
It was also approved “to add a point contact should be onsite at all times to address restroom availability, fire
department issues, emergencies and other situations.” The proposed Administrative Code amendment has included
a point of contact requirement in the subsection, “Application Contents”.
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DSAC Recommendation: The DSAC recommended approval with the following changes:
• In section 5.05.16 D.2, a wall maybe higher than 6 feet. Reword the statement “ … unless there is at least
an intervening 6 -foot tall concrete or masonry wall” to read “…unless there is a concrete or masonry wall
at least six feet in height”.
• In section 5.06.16 F.2, replace the word “MFDV pads” with “MFDV designated areas”.
• Stipulate the amendment shall only apply to new food parks after the date of the adoption of the ordinance.
The CAO has determined this stipulation is not necessary and shall be subject to the declaration of LDC
section 9.03.00 Nonconformities.
• Staff shall review text in LDC section 2.03.06 with the County Attorney’s Office prior to the Planning
Commission meeting, to see if there is an opportunity for MFVD and FTP to be a permissible use in
commercial PUD districts or make a cross reference to similar uses. After meeting with the CAO, LDC
sub sections 5.05.16 E.1 and E.3 have been revised to require a comparable use determin ation for PUD
districts and similar uses.
FISCAL & OPERATIONAL IMPACTS
The cost associated with processing and
advertising the proposed LDC amendment
are estimated at $2,016. Funds have been
allocated within Unincorporated Area
General Fund (111), Comprehensive
Planning Cost Center (138317). There will be
application fees associated with the
conditional use approval process.
GMP CONSISTENCY
The proposed LDC amendment has been reviewed by
Comprehensive Planning staff and may be deemed
consistent with the GMP.
EXHIBITS: A) Florida Statutory References B) Food Truck Park Examples C) DBPR HR -7006 -Division
of Hotels and Restaurants Mobile Dispensing Vehicle Plan Review Application D) Code Violation Photos
E) Administrative Code Amendment
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Amend the LDC as follows:
1.08.02 – Definitions 1
2
* * * * * * * * * * * * * 3
4
Flowway: A natural or manmade swath of land, varying in width and length, providing for 5
the conveyance of water, primarily sheet flow, during seasonally wet periods, generally from north 6
to south, and providing beneficial wildlife habitat and aquifer recharge. 7
8
Food truck park: A type of establishment under common ownership where food is offered 9
for sale or sold to the public from mobile food dispensing vehicle (s), either self -propelled or non-10
self -propelled. Food truck parks may include shared accessory uses, such as public seating, 11
permanent utilities, and support services and facilities. See LDC section 5.05.16. 12
13
* * * * * * * * * * * * * 14
15
Mixed use project approval process: A process by which a land owner may petition for 16
approval of a mixed use project — a mix of commercial and residential uses, as provided for in 17
certain zoning overlay districts. If located within certain subdistricts in the Bayshore Zoning 18
Overlay Distric t or the Gateway Triangle Zoning Overlay District, such a petition may include a 19
request for increased density by use of density bonus pool units. 20
21
Mobile food dispensing vehicle (MFDV): Any vehicle that is a public food service 22
establishment and that is self -propelled or otherwise movable from place to place and includes 23
self -contained utilities, including but not limited to gas, water, electricity, or liquid waste disposal , 24
sometimes referred to as a food truck or trailer or food cart, registered and regulated by the Florida 25
Department of Business Regulation requiring a mobile food vendor license subject to F.S. 26
Sections 509.101 and 509.241. See LDC section 5.05.16. 27
28
* * * * * * * * * * * * * 29
# # # # # # # # # # # # # 30
31
2.03.03 – Commercial Zoning Districts 32
33
* * * * * * * * * * * * * 34
35
C. Commercial Intermediate District (C -3). The purpose and intent of the commercial 36
intermediate district (C-3) is to provide for a wider variety of goods and services intended 37
for areas expected to receive a higher degree of automobile traffic. The type and variety 38
of goods and services are those that provide an opportunity for comparison shopping, 39
have a trade area consisting of several neighborhoods, and are preferably located at the 40
intersection of two-arterial level streets. Most activity centers meet this standard. This 41
district is also intended to allow all of the uses permitted in the C -1 and C-2 zoning 42
districts typically aggregated in planned shopping centers. This district is not intended 43
to permit wholesaling type of uses, or land uses that have associated with them the need 44
for outdoor storage of equipment and merchandise. A mixed -use project containing a 45
residential component is permitted in this district subject to the criteria established 46
herein. The C-3 district is permitted in accordance with the locational criteria for 47
commercial and the goals, objectives, and policies as identified in the future land use 48
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element of the Collier County GMP. The maximum density permissible in the C-3 district 1
and the urban mixed use land use designation shall be guided, in part, by 2
the density rating system contained in the future land use element of the Collier County 3
GMP. The maximum density permissible or permitted in the C-3 district shall not exceed 4
the density permissible under the density rating system. 5
6
1. The following uses, as identified with a number from the Standard Industrial 7
Classification Manual (1987), or as otherwise provided for within this section are 8
permissible by right, or as accessory or conditional uses within the commercial 9
intermediate district (C -3). 10
11
a. Permitted uses. 12
13
* * * * * * * * * * * * * 14
15
36. Food stores (groups 5411—5499) with 5,000 square feet or less 16
of gross floor area in the principal structure. 17
37. Food truck parks with no alcohol or amplified sound providing 18
outdoor entertainment, subject to LDC section 5.05.16. 19
3837. Funeral services (7261, except crematories). 20
21
Renumber remainder of list 22
23
* * * * * * * * * * * * * 24
25
c. Conditional uses. The following uses are permissible as conditional 26
uses in the commercial intermediate district (C -3), subject to the 27
standards and procedures established in LDC sections 4.02.02 and 28
10.08.00. 29
30
* * * * * * * * * * * * * 31
32
10. Food stores with greater than 5,000 square feet of gross floor 33
area in the principal structure (groups 5411—5499). 34
11. Food truck parks with alc ohol and/or amplified sound providing 35
outdoor entertainment, subject to LDC section 5.05.16. 36
1211. Health services (8071, 8092, and 8099). 37
1312. Homeless shelters. 38
39
Renumber remainder of list 40
41
* * * * * * * * * * * * * 42
43
D. General Commercial District (C -4). The general commercial district (C -4) is intended to 44
provide for those types of land uses that attract large segments of the population at the 45
same time by virtue of scale, coupled with the type of activity. The purpose a nd intent of 46
the C-4 district is to provide the opportunity for the most diverse types of commercial 47
activities delivering goods and services, including entertainment and recreational 48
attractions, at a larger scale than the C -1 through C-3 districts. As such, all of the uses 49
permitted in the C-1 through C-3 districts are also permitted in the C -4 district. The 50
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outside storage of merchandise and equipment is prohibited, except to the extent that it 1
is associated with the commercial activity conducted on-site such as, but not limited to, 2
automobile sales, marine vessels, and the renting and leasing of equipment. Activity 3
centers are suitable locations for the uses permitted by the C -4 district because most 4
activity centers are located at the intersection of arterial roads. Therefore, the uses in 5
the C-4 district can most be sustained by the transportation network of major roads. The 6
C-4 district is permitted in accordance with the locational criteria for uses and the goals, 7
objectives, and policies as identified in the future land use element of the Collier County 8
GMP. The maximum density permissible or permitted in a district shall not exceed 9
the density permissible under the density rating system. 10
11
1. The following uses, as defined with a number from the Stand ard 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 general 14
commercial district (C -4). 15
16
a. Permitted uses . 17
18
* * * * * * * * * * * * * 19
20
57. Food stores (groups 5411—5499). 21
58. Food truck parks with no alcohol and/or amplified sound providing 22
outdoor entertainment, subject to LDC section 5.05.16. 23
5958. Funeral services (7261, except crematories). 24
25
Renumber remainder of list 26
27
* * * * * * * * * * * * * 28
29
c. Conditional uses. The following uses are permissible as conditional 30
uses in the general commercial district (C -4), subject to the standards 31
and procedures established in LDC sections 4.02.02 and 10.08.00. 32
* * * * * * * * * * * * * 33
11. Fishing, hunting and trapping (0912—0919). 34
12. Food truck parks with alcohol and/or amplified sound providing 35
outdoor entertainment, subject to LDC section 5.05.16. 36
1312. Fuel dealers (5983-5989) 37
38
Renumber remainder of list 39
40
E. Heavy Commercial District (C-5). In addition to the uses provided in the C -4 zoning 41
district, the heavy commercial district (C -5) allows a range of more intensive commercial 42
uses and services which are generally those uses that tend to utilize outdoor space in 43
the conduct of the business. The C -5 district permits heavy commercial services such 44
as full-service automotive repair, and establishments primarily engaged in construction 45
and specialized trade activities such as contractor offices, plumbing, heating and a ir 46
conditioning services, and similar uses that typically have a need to store construction - 47
associated equipment and supplies within an enclosed structure or have showrooms 48
displaying the building material for which they specialize. Outdoor storage yards are 49
permitted with the requirement that such yards are completely enclosed or opaquely 50
3.A.3.a
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screened. The C-5 district is permitted in accordance with the locational criteria for uses 1
and the goals, objectives, and policies as identified in the future land use element of the 2
Collier County GMP. 3
4
1. The following uses, as identified with a number from the Standard Industrial 5
Classification Manual (1987), or as otherwise provided for within this section are 6
permissible by right, or as an accessory or conditional uses within the heavy 7
commercial district (C -5). 8
9
a. Permitted uses. 10
11
* * * * * * * * * * * * * 12
13
68. Food stores (groups 5411—5499). 14
69. Food truck parks with no alcohol and/or amplified sound providing 15
outdoor entertainment, subject to LDC section 5.05.16. 16
7069. Funeral services (7261). 17
18
* * * * * * * * * * * * * 19
20
c. Conditional uses. The following uses are permissible as conditional 21
uses in the heavy commercial district (C -5), subject to the standards and 22
procedures established in LDC sections 4.02.02 and 10.08.00. 23
24
* * * * * * * * * * * * * 25
26
6. Farm product raw materials (5153—5159). 27
7. Food truck parks with alcohol and/or amplified sound providing 28
outdoor entertainment, subject to LDC section 5.05.16. 29
87. Fuel dealers (5983—5989) 30
31
Renumber remainder of list 32
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 49
a right, or as accessory or conditional uses within the industrial district (I). 50
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1
a. Permitted uses. 2
3
* * * * * * * * * * * * * 4
5
18. Food and kindred products (2011—2099, except slaughtering 6
plants). 7
19. Food truck parks with no alcohol and/or amplified sound providing 8
outdoor entertainment, subject to LDC section 5.05.16. 9
2019. Furniture and fixtures (2511—2599). 10
11
* * * * * * * * * * * * * 12
13
c. Conditional uses. The following uses are permitted as conditional 14
uses in the industrial district (I), subject to the standards and procedures 15
established in LDC section 10.08.00. 16
17
* * * * * * * * * * * * * 18
19
7. Food and kindred products (2011 and 2048 including 20
slaughtering plants for human and animal consumption). 21
8. Food truck parks with alcohol and/or amplified sound providing 22
outdoor entertainment, subject to LDC section 5.05.16. 23
98. Heliports/Helistops, public and private: For restrictions and 24
conditions see LDC section 5.05.14 Heliports and Helistops. 25
26
Renumber remainder of list 27
28
* * * * * * * * * * * * * 29
30
B. Business Park District (BP). The purpose and intent of the business park district (BP) is to 31
provide a mix of industrial uses, corporate headquarters offices and business/professional 32
offices which complement each other and provide convenience services for the employees 33
within the district; and to attract businesses that create high value -added jobs. It is 34
intended that the BP district be designed in an attractive park -like environment, with low 35
structural density and large landscaped areas for both the fun ctional use of buffering and 36
enjoyment by the employees of the BP district. The BP district is permitted by the urban 37
mixed use, urban commercial, and urban-industrial districts of the future land use element 38
of the Collier County GMP. 39
40
1. The following uses, as identified within the latest edition of the Standard Industrial 41
Classification Manual, or as otherwise provided for within this section, are 42
permitted as of right, or as uses accessory to permitted primary or secondary 43
uses, or are conditional uses within the business park district. 44
45
a. Permitted primary uses . One hundred percent of the total business park 46
district acreage is allowed to be developed with the following uses: 47
48
* * * * * * * * * * * * * 49
50
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12. Food manufacturing (2034, 2038, 2053, 2064, 2066, 2068, 2096, 1
2098, 2099). 2
13. Food truck parks with no alcohol and/or amplified sound providing 3
outdoor entertainment, subject to LDC section 5.05.16. 4
1413. Furniture and fixtures manufacturing (2511—2599). 5
6
Renumber remainder of list 7
8
* * * * * * * * * * * * * 9
10
d. Conditional uses: 11
12
1. Ancillary plants. 13
2. Food truck parks with alcohol and/or amplified sound providing 14
outdoor entertainment, subject to LDC section 5.05.16. 15
32. Vehicle racing - applicable to the Immokalee Regional Airport only. 16
17
* * * * * * * * * * * * * 18
19
# # # # # # # # # # # # # 20
21
2.03.05 – Civic and Institutional Zoning Districts 22
23
A. Public Use District (P). The purpose and intent of public use district (P) is to accommodate 24
only local, state and federally owned or leased and operated government facilities that 25
provide essential public services. The P district is intended to facilitate the coordination of 26
urban services and land uses while minimizing the potential disruption of the uses of 27
nearby properties. 28
29
1. Any public facilities that lawfully existed prior to the effective date of this Code and 30
that are not zoned for public use district (P) are determined to be conforming with 31
these zoning regulations. 32
2. Any future expansion of these public facilities on lands previously reserved for their 33
use shall be required to meet the regulations in effect for the zoning district in which 34
the public facility is located. 35
3. Government-owned properties rented or leased to nongovernmental entities for 36
purposes not related to providing governmental services or support functions to a 37
primary civic or public institutional use shall not be zoned for the public use district 38
(P), but rather, shall be zoned or rezoned according to the use types or the use 39
characteristics which predominate. 40
4. The following uses are permitted as of right, or as accessory or conditional uses, 41
in the public use district (P). 42
43
a. Permitted uses. 44
45
* * * * * * * * * * * * * 46
47
9. Libraries. 48
10. Food truck parks with no alcohol and/or amplified sound providing 49
outdoor entertainment, subject to LDC section 5.05.16. 50
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1110. Museums 1
2
Renumber remainder of list 3
4
* * * * * * * * * * * * * 5
6
c. Conditional uses. The following uses are permissible as conditional 7
uses in the public use district (P), subject to the standards and procedures 8
established in LDC section 10.08.00: 9
10
* * * * * * * * * * * * * 11
12
9. Mental health and rehabilitative facilities, not for profit. 13
10. Food truck parks with alcohol and/or amplified sound providing 14
outdoor entertainment, subject to LDC section 5.05.16. 15
1110. Resource recovery plants. 16
17
Renumber remainder of list 18
19
* * * * * * * * * * * * * 20
21
# # # # # # # # # # # # # 22
23
4.05.04 – Parking Space Requirements 24
25
* * * * * * * * * * * * * 26
27
G. Spaces required. 28
29
Table 17. Parking Space Requirements. 30
31
* * * * * * * * * * * * * 32
33
Flea market 1 per 50 square feet of sales area or 1 per vendor display
booth, whichever is greater.
Food truck parks 3 per mobile food dispensing vehicle and 1 per 4 outdoor
seats.
Funeral home/crematories 1 per 75 square feet for room used for services and chapels
and 1 per 300 square feet for all other uses.
34
* * * * * * * * * * * * * 35
36
# # # # # # # # # # # # # 37
38
5.05.16 – Mobile Food Dispensing Vehicles and Food Truck Parks 39
40
A. Purpose and intent. The purpose and intent of these regulations are to establish the 41
allowable operation, proper placement, and permitting of mobile food dispensing vehicles 42
(MFDVs) and/or f ood truck park s . 43
44
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B. Applicability. This section shall be applicable to MFDVs operating as an accessory use 1
or within food truck parks, as applicable. 2
3
C. Exemptions. MFDVs that are transient in nature and do not stop at a given location for 4
more than four hours (including set up and break down time) are not subject to this section. 5
6
D. Requirements and standards for all MFDVs. 7
8
1. One trash receptacle is required for each MFDV. 9
10
2. To reduce the potential impact on abutting residential uses, MFDVs shall not 11
operate a generator within 20 feet of a property developed with a residential use, 12
unless there is a concrete or masonry wall at least six feet in height. 13
14
3. No MFDV shall be placed upon or operate from any of the following: 15
16
a. Vacant or unimproved lots with the exception of a food truck park; 17
18
b. Required yards, open space, preserves, landscape buffers, or within 19
conservation or drainage easements; 20
21
c. Required parking spaces; 22
23
d. Public or private road rights-of -way or access easements; or 24
25
e. In such a manner as to block accessways, walkways, driveways, loading 26
zones, or otherwise interfere with vehicular or pedestrian circulation. 27
28
E. Requirements and standards for ac cessory use m obile food dispensing vehicles. 29
30
1. Accessory use MFDVs shall operate from within a permanent designated area 31
constructed of material in conformance with LDC section 4.05.02 B.1., shown on 32
the site development plan and limited to a maximum of two MFDVs. These MFDVs 33
are allowed in zoning districts where a food truck park is a permissible use or as 34
determined to be comparable in nature to any non-residential use within a 35
Community Facilities, Commercial, Industrial or Mixed Use Planned Unit of 36
Development pursuant to LDC section 10.02.06 K. 37
38
2. The principal use shall provide restroom access for the operator and patrons of the 39
MFDV(s). 40
41
3. Accessory use MFDVs shall only operate during the principal use’s hours of 42
operation and without amplified sound providing outdoor entertainment or alcohol 43
sales unless approved by a comparable use determination. 44
45
F. Design standards for food truck parks. Food truck parks shall be subject to the following 46
additional standards and requirements: 47
48
1. Each MFDV shall operate from within a permanent designated area constructed 49
of material in conformance with LDC section 4.05.02 B.1., shown on the site 50
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development plan. Each MFDV pad shall provide electrical hookup, water and 1
sewer connections, and connection to propane. If a central propane tank is 2
utilized, it shall be buried underground. 3
4
2. A maximum of five MFDV designated areas shall be permitted for each acre of a 5
food truck park. 6
7
3. A minimum of two bicycle parking spaces shall be required for each MFDV pad. 8
9
4. Outdoor lighting fixtures shall be full cutoffs to direct glare and excessive lighting 10
away from adjacent property. Nuisance lighting, such as, flashing or strobing 11
lights, shall be prohibited. 12
13
# # # # # # # # # # # # 14
15
16
17
18
19
20
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Exhibit A – Florida Statutory and Florida Administrative Code
References
13
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The Division of Hotels and Restaurants within the State Department of Business and Professional
Regulations (DBPR) is charged with enforcing the applicable laws relating to the inspection and regulation
of public food service establishments for the purpose of protecting the public health, safety, and welfare.
Food Trucks are regulated by DBPR as “mobile food dispensing vehicles ” (MFDVs). Section 509.102 (1)
F.S. defines the term to mean “…any vehicle that is a public food service establishment and that is self -
propelled or otherwise moveable from place to place and includes self -contained utilities, including, but
not limited to, gas, water, electricity and liquid waste disposal.”
Pursuant to Section 509.102 (2) F.S., “Regulation of MFDVs involving licenses, registrations, permits and
fees is preempted to the state. A municipality, county, or other local governmental entity may not require a
separate license, registration, or permit other than the license required under s.509.241, or require the
payment of any license, registration, or permit fee other than the fee required under s. 509.251, as a
condition for the operation of a mobile food dispensing vehicle within the entity’s jurisdiction. A
municipality, county, or other local governmental entity may not prohibit mobile food dispensing vehicles
from operation within the entirety of the entity’s juri sdiction.”
As defined by Section 509.013 (5)(a), a “ public food service establishment” means any building, vehicle,
place, or stru cture, or any room or division in a building, vehicle, place, or structure where food is prepared,
served, or sold for immediate consumption on or in the vicinity of the premises: called for or taken out by
customers; or prepared prior to being delivered to another location for consumption.”. Pursuant to Chapter
61 C-1.022 (5) F.A.C. Licensing and Inspection Requirements, mobi le food dispensing vehicles are
classified as (a.1) Nonseating public food service establishments as opposed to (b.1) Permanent seating
establishments. All MFDVs are required to have vehicle identification numbers and submit this number to
the division on the application for license.
A “temporary food service event” is defined in Section 509.013 F.S.(8) as “…any event of 30 days or less
in duration where food is sold is prepared, served, or sold to the general public.” DBPR’s guide to
temporary food service events states: “A temporary food service event is an event (carnival, fair, or other
celebration) of 30 days or less in duration where food is prepared, served, or sold to the general public and
is advertised and reco gnized in the community. A temporary food service establishment or vendor is a
participant at a temporary food service event .”
Pursuant to the State of Florida Department of Business and Professional Regulations HR -7031 Division
of Hotels and Restaurants , the Application for MFDV License with Plan Review states the following:
“A Mobile Food Dispensing Vehicle is a vehicle-mounted public food service establishment.
Some are self -propelled and built to travel on streets and others are not self -propelled b ut can be
moved from place to place. MFDVs may even be Watercraft.”
“Self-sufficient MFDVs are identified as those units that contain, as part of the vehicle, a three -
compartment sink with drain boards for washing, rinsing, and sanitizing equipment and utensils; a
separate handwash sink; a solid sliding customer service window; adequate refrigeration and
storage capacity; full provision of power utilities including electrical, LP gas, or a portable power
generation unit; a potable water holding tank; a h ot water tank or on demand water heater and a
liquid waste disposal system in accordance with Subparts 5 -3 and 5 -4 of the Food Code. Self -
Sufficient vehicles must have a location where water can be safely procured and where
wastewater can be legally disposed of. This location cannot be a private residence. Mobile food
dispensing vehicles are not allowed to obtain water from or dispose of wastewater at a private
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Exhibit A – Florida Statutory and Florida Administrative Code
References
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residence, or prepare food; store food products, equipment or utensils; or conduct ware washing
or any other activities related to the public food service in a private residence.”
“Unless Self-sufficient, MFDVs need a support site called a commissary. A commissary is a
public food service establishment licensed by the division or a food establishmen t permitted by
the Department of Agriculture and Consumer Services (FDACS) where the MFDV goes for
services that are not done on the vehicle.”
“A commissary is an approved food service establishment or other commercial location where
the MFDV goes for services that are not done on the vehicle. A commissary may provide a
potable water source or a wastewater disposal site. The MFDV’s operator may prepare, package
or store food at this location and use a three -compartment sink on the premises to wash and
sanitize equipment or utensils. Food containers or other supplies may be stored at the
commissary.”
Hot Dog Carts are MFDVs that limit food preparation to frank furters (hot dogs and precooked
sausages) only. Hot dog carts must have, as part of the vehicle, a handwash sink; power utilities
including electrical, LP-gas, or a portable power generation unit; a portable water holding tank;
and a liquid waste disposal system in accordance with Subparts 5 -3 and 5 -4 of the Food Code. A
hot dog cart may be an open-air unit with overhead protection or a fully enclosed unit, but may
not be equipped with a three -compartment sink.”
F.A.C. Chapter 5K -4 Food
Pursuant to F.A.C. 5K-4.0010 Definitions.
(3) “Commissary means a support service location for a Mobile Food Establishment (MFE) that
meets all applicable requires of Chapter 500, F.S. and Chapter 5K -4, F.A.C.
The Florida Department of Agriculture and Consumer Services (FDACS), Division of Food
Safety states: “These approved Food Establishments must be permitted or licensed by Fl orida
Department of Agriculture and Consumer Services, Department of Business and Professional
Regulation (DBPR), or the Florida Department of Health (DOH). Locations such as catering
operations, restaurants, or grocery stores can be considered for approv al as an MFE Commissary.
When not required at the MFE, Commissaries may provide a three compartment sink for
washing, rinsing, and sanitation of equipment/utensils in addition to hand wash and restroom
facilities. Services required of the Commissary will be based on the food sold and the MFE type
and capabilities. A private residence may not be used as a Commissary.”
(8) “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 -packaged food products are sold .”
Pursuant to F.A.C. 5K-4.0041 Mobile Food Establishments and Commissaries.
(1)(d), “Each Mobile Food Establishment shall report to a Commissary each day of operation, to
store or replenish supplies, clean utensils, and equipment, or dispose of liquid and solid waste,
with the exception of Mobile Food Establishments that sell only prepackaged foods and have all
necessary supp ort equipment located in the unit.”
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Exhibit A – Florida Statutory and Florida Administrative Code
References
15
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Pursuant to F.A.C. 5K-4.020 Food Permits; Required Fees.
(1) (r) defines: “Mobile Vendor ” as “Persons selling foods other than fresh fruits or vegetables
from trucks, trailers or similar self -propelled conveyances.”
F.A.C. Chapter 64E -11 Food Hygiene
Pursuant to F.A.C. 64E-11.002 , Definitions.
(8) “Commissary - A food service establishment or any other commercial establishment where
food, containers, or supplies are stored, prepared, or packaged, or where utensils a re sanitized for
transit to, and sale or service at, other locations.”
(22) “Mobile Food Unit - Any food service which is self -propelled or otherwise moveable from
place to place and is self-sufficient for utilities, such as gas, water, electricity and li quid waste
disposal, whose commissary is a DOH regulated food service establishment.”
(31) “Temporary food service event - Any event offering food service on the premises of a food
service establishment approved by the department. These events are at a fixed location for a
temporary period of time not to exceed any combination of 18 days within a calendar year and in
conjun ction with a single event or celebration.”
Pursuant to F.A.C. 64E-11.014 Mobile Food Units .
(8), “MFUs may temporarily connect to an approved utility system for a time period not to
exceed one day’s operation, provided the utility system is adequate to meet the needs of the unit,
sanitary facilities are available for employees and patrons in accordance with the applicable
plumbing authority, and the unit returns to its base commissary in accordance with subsection
(5 ).”
(5) “Mobile food units must operate from an approved commissary that meets all applicable
requirements of this rule. The commissary must be provided with potable water and adequate
facilities for disposal of liquid and solid waste. The mobile food unit must report to the
commissary to store or replenish supplies, clean the interior of the unit, or dispose of liquid or
solid wastes. Mobile food units which are self-sufficient for equipment, storage, and utilities must
report to the commissary at least once weekly or as often as needed to replenish supplies, clean
the interior of the unit, or dispose of liquid or solid wastes. A letter from the commissary must be
submitted as part of the application confirming the arrangements above. A mobile food unit
which is self -sufficient includes a three compartment sink for washing, rinsing, and sanitizing of
equipment and utensils, a separate handwash sink, adequate refrigeration and storage capacity,
full provision of power utilities including electrical, LP gas, or a portable power generation u nit,
and a liquid waste disposal system, and potable water holding tank in accordance with
subsections (1) and (2). Mobile food units which are not self-sufficient must report to their
commissary at least once daily . The exterior of the unit may be washed in any location, provided
the waste water does not create a sanitary nuisance.
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Exhibit B – Food Truck Park Examples
16
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WORLD FOOD TRUCK PARK- KISSIMMEE
CELEBRATION PARK- NAPLES
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Exhibit B – Food Truck Park Examples
17
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UNDERCONSTRUCTION: 11,000 S.F. OPEN COURTYARD, TWO STORY 5,386 S.F. RESTAURANT/BAR, 8-
MOBILE FOOD VENDORS, PLAYGROUND, 24 OUTDOOR DINNING SEATS . Total .90 +/- Acres. Above
photo encompasses .45 acres at Reynolds Street and Old U.S. 41. An additional .45 +/- acres is located
offsite at Childers Street and Old U.S. 41 to accommodate 25 out of the 42 required parking spaces.
ROOF TOP - BONITA SPRINGS
MIDPOINT EATERY- INNOVATION DISTRICT-GAINESVILLE
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A LA CARTE FOOD TRUCK PARK - ORLANDO
LAKE NONA LAKE- BOXI PARK WITH FOOD TRUCKS/12 SHIPPING CONTAINERS, BAR, LIVE
ENTERTAINMNET, FOOD TRUCKS, KIDS PLAY AREA (30,000 S.F)
UNDERCONSTRUCTION: 11,000 S.F. OPEN COURTYARD, TWO STORY 5,386 S.F.
LAKE NONA LAKE- BOXI PARK WITH FOOD TRUCKS/12 SHIPPING CONTAINERS, BAR, LIVE
ENTERTAINMNET, FOOD TRUCKS, KIDS PLAY AREA (30,000 S.F)
UNDERCONSTRUCTION: 11,000 S.F. OPEN COURTYARD, TWO STORY 5,386 S.F.
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Exhibit B – Food Truck Park Examples
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BOXI PARK LAKE NONA-ORLANDO
VILLAGE GARDEN - ST. AUGUSTINE: On .59 Acres, up to 7 Food Trucks, Two Story 1,173 S.F.
Building, 1st Floor is Commissary and 3,533 Gallons - Contained Rain Water Harvest System.
Approved for 45 outdoor seats.
areas.
3.A.3.a
Packet Pg. 176 Attachment: PL20220006373 - Food Truck Park and MFDVs (11-13-23) CCPC (27179 : PL20220006373 LDCA - Mobile Food Dispensing Vehicles
Exhibit B – Food Truck Park Examples
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Truck Park and MFDVs (11-13-23) CCPC.docx
Google: CARTS ON FOSTER, Portland, Oregon.
VILLAGE GARDEN - ST. AUGUSTINE
areas.
3.A.3.a
Packet Pg. 177 Attachment: PL20220006373 - Food Truck Park and MFDVs (11-13-23) CCPC (27179 : PL20220006373 LDCA - Mobile Food Dispensing Vehicles
Exhibit C – DBPR HR -7006 – Division of Hotels and Restaurants
Mobile Food Dispensing Vehicle Plan Review Application
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MFDVs (11-13 -23) CCPC.docx REV. 11/14/2023
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Packet Pg. 178 Attachment: PL20220006373 - Food Truck Park and MFDVs (11-13-23) CCPC (27179 : PL20220006373 LDCA - Mobile Food Dispensing Vehicles
Exhibit C– DBPR HR -7006 – Division of Hotels and Restaurants
Mobile Food Dispensing Vehicle Plan Review Application
22
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Truck Park and MFDVs (11-13-23) CCPC.docx
3.A.3.a
Packet Pg. 179 Attachment: PL20220006373 - Food Truck Park and MFDVs (11-13-23) CCPC (27179 : PL20220006373 LDCA - Mobile Food Dispensing Vehicles
Exhibit C– DBPR HR -7006 – Division of Hotels and Restaurants
Mobile Food Dispensing Vehicle Plan Review Application
23
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Truck Park and MFDVs (11-13-23) CCPC.docx
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Packet Pg. 180 Attachment: PL20220006373 - Food Truck Park and MFDVs (11-13-23) CCPC (27179 : PL20220006373 LDCA - Mobile Food Dispensing Vehicles
Exhibit C– DBPR HR -7006 – Division of Hotels and Restaurants
Mobile Food Dispensing Vehicle Plan Review Application
24
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Truck Park and MFDVs (11-13-23) CCPC.docx
3.A.3.a
Packet Pg. 181 Attachment: PL20220006373 - Food Truck Park and MFDVs (11-13-23) CCPC (27179 : PL20220006373 LDCA - Mobile Food Dispensing Vehicles
Exhibit C– DBPR HR -7006 – Division of Hotels and Restaurants
Mobile Food Dispensing Vehicle Plan Review Application
25
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Truck Park and MFDVs (11-13-23) CCPC.docx
3.A.3.a
Packet Pg. 182 Attachment: PL20220006373 - Food Truck Park and MFDVs (11-13-23) CCPC (27179 : PL20220006373 LDCA - Mobile Food Dispensing Vehicles
Exhibit C– DBPR HR -7006 – Division of Hotels and Restaurants
Mobile Food Dispensing Vehicle Plan Review Application
26
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Truck Park and MFDVs (11-13-23) CCPC.docx
3.A.3.a
Packet Pg. 183 Attachment: PL20220006373 - Food Truck Park and MFDVs (11-13-23) CCPC (27179 : PL20220006373 LDCA - Mobile Food Dispensing Vehicles
Exhibit C– DBPR HR -7006 – Division of Hotels and Restaurants
Mobile Food Dispensing Vehicle Plan Review Application
27
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Truck Park and MFDVs (11-13-23) CCPC.docx
3.A.3.a
Packet Pg. 184 Attachment: PL20220006373 - Food Truck Park and MFDVs (11-13-23) CCPC (27179 : PL20220006373 LDCA - Mobile Food Dispensing Vehicles
Exhibit C– DBPR HR -7006 – Division of Hotels and Restaurants
Mobile Food Dispensing Vehicle Plan Review Application
28
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Truck Park and MFDVs (11-13-23) CCPC.docx
3.A.3.a
Packet Pg. 185 Attachment: PL20220006373 - Food Truck Park and MFDVs (11-13-23) CCPC (27179 : PL20220006373 LDCA - Mobile Food Dispensing Vehicles
Exhibit C– DBPR HR -7006 – Division of Hotels and Restaurants
Mobile Food Dispensing Vehicle Plan Review Application
29
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Truck Park and MFDVs (11-13-23) CCPC.docx
3.A.3.a
Packet Pg. 186 Attachment: PL20220006373 - Food Truck Park and MFDVs (11-13-23) CCPC (27179 : PL20220006373 LDCA - Mobile Food Dispensing Vehicles
Exhibit D– Code Violation Photos
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Celebration Park off of Bayshore Road -Fire Code Violations
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Packet Pg. 187 Attachment: PL20220006373 - Food Truck Park and MFDVs (11-13-23) CCPC (27179 : PL20220006373 LDCA - Mobile Food Dispensing Vehicles
Exhibit D– Code Violation Photos
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Shell Gas Station at 7392 Radio Road -Multiple Trucks Without Permits
Food trucks and multiple tables occupy parking spaces.
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Packet Pg. 188 Attachment: PL20220006373 - Food Truck Park and MFDVs (11-13-23) CCPC (27179 : PL20220006373 LDCA - Mobile Food Dispensing Vehicles
Exhibit D– Code Violation Photos
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No permit for outdoor seating, tables, chairs, or mobile food trucks.
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Packet Pg. 189 Attachment: PL20220006373 - Food Truck Park and MFDVs (11-13-23) CCPC (27179 : PL20220006373 LDCA - Mobile Food Dispensing Vehicles
Exhibit E– Collier County Land Development Code | Administrative Procedures Manual
Chapter 4 | Administrative Procedures
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Reference LDC subsections 5.05.16 and F.S. § 509.013, 509.101, 509.102 and 509.241.
Applicability
Mobile food dispensing vehicles are a public food service establishment and maintain a license
with the Florida Department of Business and Professional Regulation, Division of Hotels and
Restaurants. This procedure applies to a request for temporary or permanent placement or
accessory use of mobile food dispensing vehicles (MFDVs). The Zoning or Development Review
Division may approve the placement of one or more MFDVs for the following activities:
a. Temporary use location for more than four hours at one location and without overnight
parking or permanent location of two or less MFDVs. The applicant files a “Site
Development Plan (SDP), Site Improvement Plan (SIP) or Insubstantial Change to a SDP or
SIP” application with the Development Review Division.
b. Temporary events. The applicant files a “Temporary Use Permit (TUP)” application.
c. Mobile food truck park that requires conditional use approval by the Board. The
applicant files an “Application for Public Hearing for: Conditional Use ” with the Zoning
Division.
Pre-Application
Initiation
For a SDPI or SIPI, a pre -application is not required, but the applicant must obtain pre -submittal
authorization from the Development Review Division. A pre -application meeting is required for
SDP, SDPA, or SIP and Conditional Use applications.
The applicant files either an application for public hearing for conditional use or an application
for either SDP, SIP, SDPI, or SIPI approval, or application for temporary use permit for the type of
event.
See Chapter 1 D. for additional information regarding the procedural steps for initiating an
application.
Application
Contents
The application contents are based upon the specific type of application:
See Chapter 3 C. for Conditional Use application contents submittal.
See Chapter 4 I.2 for SDP application contents submittal.
See Chapter 4 I.3 for SIP application contents submittal.
See Chapter 4 I.5 for SDPI or SIPI application contents submittal.
In addition to the application contents for the SDP, SIP, SDPI, or SIPI plan, the following
information shall be provided on the plan:
a. Whether the MFDV is self-sufficient or not and operating in conjunction with a
permitted Food Establishment or on an institutional property or use of a commissary
that is licensed by the Florida Department of Agriculture and Consumer Services
(FDACS)-Division of Food Safety, Florida Department of Business and Professional
(DBPR)-Division of Hotels and Restaurants or Florida Department of Health (DOH).
b. When applicable, a notarized commissary letter of agreement confirming the mobile
R . Mobile Food Dispensing Vehicles (MFDVs) and Food Truck Park
(FTP)
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Packet Pg. 190 Attachment: PL20220006373 - Food Truck Park and MFDVs (11-13-23) CCPC (27179 : PL20220006373 LDCA - Mobile Food Dispensing Vehicles
Exhibit E– Collier County Land Development Code | Administrative Procedures Manual
Chapter 4 | Administrative Procedures
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food dispensing vehicle is operating in conjunction with a Florida licensed commissary
and the commissary’s location and address. For self -sufficient vehicles that do not use a
commissary, provide the water/sewer location and address.
c. Desired mobile vending days/hours of operation , and the MFDV’s location .
d. Surrounding business(es) days/hours of operation when located at a specific site for
more than four hours and if utilizing parking spaces , demonstration that the parking
space(s) is not used during the time and/or days the MFDV’s location is permitted.
e. The distance from property boundary line and any other on -site MFDV.
f. The number of MFDVs and location of parking and bicycle spaces.
g. Location of onsite public restrooms, waste receptacle, and applicable temporary
emergency generator.
h. If proposed, the number of outdoor seats and tables.
i. A notarized affidavit by the property owner indicating the mobile food dispensing
vehicle has permission to operate on the site and documentation that employees of the
operation have access to a restroom.
j. The current contact information including name, address, phone numbers (business and
cell), email and any other information reasonably requir ed by the County Manager or
his/her designee for a designated "on -call person" to be a principal point of contact for
County staff and the individual mobile food dispensing vehicle.
k. An updated certificate of inspection from Collier County ’s Department of Health and
Florida Department of Business and Professional Regulations, Division of Hotels and
Restaurants.
l. Proof of valid insurance, business tax receipt (BTR), MFDV’s vehicle registration and
food service license or permit.
m. Fire District’s Life Safety Division and Collier County ’s Department of Health Inspection
Report. When applicable, a Letter of Agreement with an approved grease disposal
facility.
n. If a watercraft mobile food boat is proposed, the location of the MFDV and whe re it
may be launched, docked, or stored.
o. For a temporary food service event (TFSE), an approved application which serves as the
basis for licensure from the Florida Department of Health, Florida’s Public Food
Establishments, Business and Professional Regulations, Division of Hotels and
Restaurants.
p. For a MFTP with alcohol sales or amplified sound providing entertainment , the
conditional use at a specific location shall run with the property itself and not the
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Packet Pg. 191 Attachment: PL20220006373 - Food Truck Park and MFDVs (11-13-23) CCPC (27179 : PL20220006373 LDCA - Mobile Food Dispensing Vehicles
Exhibit E– Collier County Land Development Code | Administrative Procedures Manual
Chapter 4 | Administrative Procedures
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MFDV. If a permanent MFDV moves to a different location, another conditional use
must be approved for the new location by the new property owner .
Completeness
and Processing of
Application
See Chapter 1 D.5 for acceptance and processing of an application.
Notice Notice is required for conditional use approval, otherwise none.
Public Hearing Public hearing is required for conditional use approval, otherwise none.
Decision Maker For an application that does not require a public hearing, the County Manager or designee,
otherwise the BCC or Hearing Examiner.
Review Process For the SDP or SIP application, the Development Review Division will review the application for
compliance with LDC section 10.02.03 . and whether additional materials are required.
For the Conditional Use application, the Zoning Division will review the application, identify
whether additional materials are needed, and prepare a Staff Report or Executive Summary to
present to the Decision Maker.
The Operations and Regulatory Management Divisi on will review the application, identify
whether additional materials are needed and prepare a letter of approval or denial utilizing the
criteria identified in LDC section 5.05.16.
Digital Submittal
Requirements
See Chapters 4.1.2 and 4.1 . Digital Requirements for a SDP or SIP, otherwise none.
Recording See Chapter 3.C.1 Recording of Developer Commitments for Conditional Use.
For all other applications not requiring a public hearing, none.
Updated Resolution [2023 -XX]
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Packet Pg. 193 Attachment: PL20220006373 - Food Truck Park and MFDVs NDN Ad (27179 : PL20220006373 LDCA - Mobile Food Dispensing Vehicles and Food Truck Parks)