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Agenda 01/23/2024 Item #17B (Ordinance - LDC amendment to update the wireless communication facilities PL20230013966)01/23/2024 EXECUTIVE SUMMARY Recommendation to adopt an Ordinance amending the Collier County Land Development Code, to update the provisions related to wireless communication facilities. [PL20230013966] (First of two hearings) _____________________________________________________________________________________ OBJECTIVE: To conduct the first of two hearings on a Land Development Code (LDC) amendment to update the provisions related to wireless communication facilities. CONSIDERATIONS: On October 14, 1992, the Board of County Commissioners (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engaged with industry experts, and determined that the current provisions in the LDC for Communication Towers are outdated with modern day industry practices.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; 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. Since this LDC amendment includes a proposed change to the list of permitted and conditional uses on lands that potentially can be greater than 10 acres, LDC section 10.03.06 K requires two Board hearings with at least one hearing held after 5:00 p.m. on a weekday. However, the Board may elect to conduct the hearing by a supermajority vote at another time of day. On December 12, 2023, the Board unanimously voted to waive the nighttime hearing and to hold two regularly scheduled daytime hearings instead. The first hearing is on January 23, 2024. The second is anticipated on February 27, 2024. DSAC 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 in the permitted use list for each Zoning District, as opposed to referencing LDC section 5.05.09. 17.B Packet Pg. 1168 01/23/2024 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). CCPC RECOMMENDATION: This LDC amendment was reviewed by the CCPC on Thursday, December 7, 2023, at 5:05 p.m. The CCPC unanimously recommended approval of the LDC amendment, contingent upon agreeing with staff’s request to retain two provisions from the existing LDC, summarized as follows: 1. Modify LDC section 5.05.09 I. to include a requirement for all applications for proposed WCF that are greater than 150 feet in height to be sent to the Collier Mosquito Control District for their notification (page 41, line 37). 2. Modify LDC section 5.05.09 J. to include a requirement for inspection reports to be submitted to the County (page 42, line 17). There were no members of the public in opposition. FISCAL IMPACT: There are no anticipated fiscal impacts to the County, except for the cost of advertising an ordinance amending the LDC. The costs associated with processing and advertising the proposed LDC amendment are estimated at $2,016.00. Funds have been allocated within the Unincorporated Area General Fund (1011) and Comprehensive Planning Cost Center (138317). LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires an affirmative vote of four for adoption. (HFAC) GROWTH MANAGEMENT IMPACT: No growth management impact is associated with this action. RECOMMENDATION: To approve the first reading of the proposed Ordinance to amend the Land Development Code, and direct staff of any changes. Prepared by: Eric L. Johnson, AICP, LDC Planning Manager, Zoning Division ATTACHMENT(S) 1. [Linked] PL20230013966 - WCF Draft Ordinance (12-18-2023) (PDF) 2. [Linked] PL20230013966 - WCF LDCA (12-14-2023) (PDF) 3. PL20230013966 - WCF Public Email Letter of Support (PDF) 4. [Linked] PL20230013966 - WCF Public Emails (PDF) 5. PL20230013966 - WCF NDN Legal Ad (PDF) 17.B Packet Pg. 1169 01/23/2024 COLLIER COUNTY Board of County Commissioners Item Number: 17.B Doc ID: 27251 Item Summary: Recommendation to adopt an Ordinance amending the Collier County Land Development Code, to update the provisions related to wireless communication facilities. [PL20230013966] (First of two hearings) Meeting Date: 01/23/2024 Prepared by: Title: Planner, Principal – Zoning Name: Eric Johnson 12/08/2023 4:22 PM Submitted by: Title: Zoning Director – Zoning Name: Mike Bosi 12/08/2023 4:22 PM Approved By: Review: Zoning Mike Bosi Division Director Completed 12/08/2023 4:33 PM Growth Management Community Development Department Evelyn Trimino Department review Completed 12/09/2023 9:47 AM Growth Management Community Development Department James C French Growth Management Completed 12/12/2023 11:29 AM Transportation Management Operations Support Evelyn Trimino Additional Reviewer Completed 01/09/2024 5:50 PM County Attorney's Office Heidi Ashton-Cicko Level 2 Attorney of Record Review Completed 01/11/2024 2:26 PM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 01/11/2024 3:15 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 01/12/2024 9:32 AM Office of Management and Budget Laura Zautcke Additional Reviewer Completed 01/12/2024 12:24 PM County Manager's Office Amy Patterson Level 4 County Manager Review Completed 01/17/2024 1:56 PM Board of County Commissioners Geoffrey Willig Meeting Pending 01/23/2024 9:00 AM 17.B Packet Pg. 1170 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 17.B.c Packet Pg. 1171 Attachment: PL20230013966 - WCF Public Email Letter of Support (27251 : LDCA-PL2030013966 - Wireless Communication Facilities) 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. 17.B.c Packet Pg. 1172 Attachment: PL20230013966 - WCF Public Email Letter of Support (27251 : LDCA-PL2030013966 - Wireless Communication Facilities) 17.B.cPacket Pg. 1173Attachment: PL20230013966 - WCF Public Email Letter of Support (27251 : LDCA-PL2030013966 - Wireless Communication Facilities) 17.B.e Packet Pg. 1174 Attachment: PL20230013966 - WCF NDN Legal Ad (27251 : LDCA-PL2030013966 - Wireless Communication Facilities) DRAFT 12/18/23 Page 1 of 61 Words struck through are deleted, words underlined are added ORDINANCE NO. 2024 – ___ 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 REVISE THE REGULATIONS RELATED TO WIRELESS COMMUNICATION FACILITIES, 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 1 GENERAL PROVISIONS, INCLUDING SECTION 1.08.02 DEFINITIONS; CHAPTER TWO ZONING DISTRICTS AND USES, INCLUDING SECTION 2.01.03 ESSENTIAL SERVICES, SECTION 2.03.01 AGRICULTURAL DISTRICTS, SECTION 2.03.02 RESIDENTIAL ZONING DISTRICTS, SECTION 2.03.03 COMMERCIAL ZONING DISTRICTS, SECTION 2.03.04 INDUSTRIAL ZONING DISTRICTS, SECTION 2.03.05 CIVIC AND INSTITUTIONAL ZONING DISTRICTS, SECTION 2.03.06 PLANNED UNIT DEVELOPMENT DISTRICTS, SECTION 2.03.07 OVERLAY ZONING DISTRICTS, SECTION 2.03.08 RURAL FRINGE ZONING DISTRICTS, AND SECTION 2.03.09 OPEN SPACE ZONING DISTRICTS; CHAPTER FOUR SITE DESIGN AND DEVELOPMENT STANDARDS, INCLUDING SECTION 4.02.01 DIMENSIONAL STANDARDS FOR PRINCIPAL USES IN BASE ZONING DISTRICTS, SECTION 4.02.14 DESIGN STANDARDS FOR DEVELOPMENT IN THE ST AND ACSC-ST DISTRICTS, SECTION 4.06.05 GENERAL LANDSCAPING REQUIREMENTS, AND SECTION 4.08.06 SSA DESIGNATION; AND CHAPTER FIVE SUPPLEMENTAL STANDARDS, INCLUDING SECTION 5.05.09 COMMUNICATIONS TOWERS; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE. [PL20230013966] Recitals WHEREAS, on October 30, 1991, the Collier County Board of County Commissioners adopted Ordinance No. 91-102, the Collier County Land Development Code (hereinafter LDC), which was subsequently amended; and WHEREAS, the Collier County Board of County Commissioners (Board) on June 22, 2004, adopted Ordinance No. 04-41, which repealed and superseded Ordinance No. 91-102, as DRAFT 12/18/23 Page 2 of 61 Words struck through are deleted, words underlined are added amended, the Collier County Land Development Code, which had an effective date of October 18, 2004; and WHEREAS, on March 18, 1997, the Board adopted Resolution 97-177 establishing local requirements and procedures for amending the LDC; and WHEREAS, all requirements of Resolution 97-177 have been met; and WHEREAS, the Collier County Planning Commission, sitting as the land planning agency, did hold an advertised public hearing on December 7, 2023, and reviewed the proposed amendments for consistency with the Comprehensive Plan and did recommend approval; and WHEREAS, the Board of County Commissioners, in a manner prescribed by law, did hold an advertised public hearing on ________, 2024, and did take action concerning these amendments to the LDC; and WHEREAS, the subject amendments to the LDC are hereby determined by this Board to be consistent with and to implement the Collier County Growth Management Plan as required by Subsections 163.3194 (1) and 163.3202 (1), Florida Statutes; and WHEREAS, this ordinance is adopted in compliance with and pursuant to the Community Planning Act (F.S. § 163.3161 et seq.), and F.S. § 125.01(1)(t) and (1)(w); and WHEREAS, this ordinance is adopted pursuant to the constitutional and home rule powers of Fla. Const. Art. VIII, § 1(g); and WHEREAS, all applicable substantive and procedural requirements of the law have otherwise been met. NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida, that: SECTION ONE: RECITALS The foregoing Recitals are true and correct and incorporated by reference herein as if fully set forth. SECTION TWO: FINDINGS OF FACT The Board of Commissioners of Collier County, Florida, hereby makes the following findings of fact: 1. Collier County, pursuant to § 163.3161, et seq., F.S., the Florida Community Planning Act (herein after the “Act”), is required to prepare and adopt a comprehensive plan. DRAFT 12/18/23 Page 3 of 61 Words struck through are deleted, words underlined are added 2. After adoption of the Comprehensive Plan, the Act and in particular § 163.3202(1), F.S., mandates that Collier County adopt land development regulations that are consistent with and implement the adopted comprehensive plan. 3. Section 163.3201, F.S., provides that it is the intent of the Act that the adoption and enforcement by Collier County of land development regulations for the total unincorporated area shall be based on, be related to, and be a means of implementation for, the adopted comprehensive plan. 4. Section 163.3194(1)(b), F.S., requires that all land development regulations enacted or amended by Collier County be consistent with the adopted comprehensive plan, or element or portion thereof, and any land regulations existing at the time of adoption which are not consistent with the adopted comprehensive plan, or element or portion thereof, shall be amended so as to be consistent. 5. Section 163.3202(3), F.S., states that the Act shall be construed to encourage the use of innovative land development regulations. 6. On January 10, 1989, Collier County adopted the Collier County Growth Management Plan (hereinafter the “Growth Management Plan” or “GMP”) as its comprehensive plan pursuant to the requirements of § 163.3161 et seq., F.S. 7. Section 163.3194(1)(a), F.S., mandates that after a comprehensive plan, or element or portion thereof, has been adopted in conformity with the Act, all development undertaken by, and all actions taken in regard to development orders by, governmental agencies in regard to land covered by such comprehensive plan or element shall be consistent with such comprehensive plan or element as adopted. 8. Pursuant to § 163.3194(3)(a), F.S., a development order or land development regulation shall be consistent with the comprehensive plan if the land uses, densities or intensities, and other aspects of development are compatible with, and further the objectives, policies, land uses, densities, or intensities in the comprehensive plan and if it meets all other criteria enumerated by the local government. 9. Section 163.3194(3)(b), F.S., states that a development approved or undertaken by a local government shall be consistent with the comprehensive plan if the land uses, densities or intensities, capacity or size, timing, and other aspects of development are compatible with, and further the objectives, policies, land uses, densities, or intensities in the comprehensive plan and if it meets all other criteria enumerated by the local government. 10. On October 30, 1991, Collier County adopted the Collier County Land Development Code, which became effective on November 13, 1991. The Land Development Code adopted in Ordinance 91-102 was recodified and superseded by Ordinance 04-41. DRAFT 12/18/23 Page 4 of 61 Words struck through are deleted, words underlined are added 11. Collier County finds that the Land Development Code is intended and necessary to preserve and enhance the present advantages that exist in Collier County; to encourage the most appropriate use of land, water and resources consistent with the public interest; to overcome present handicaps; and to deal effectively with future problems that may result from the use and development of land within the total unincorporated area of Collier County and it is intended that this Land Development Code preserve, promote, protect and improve the public health, safety, comfort, good order, appearance, convenience and general welfare of Collier County; to prevent the overcrowding of land and avoid the undue concentration of population; to facilitate the adequate and efficient provision of transportation, water, sewerage, schools, parks, recreational facilities, housing and other requirements and services; to conserve, develop, utilize and protect natural resources within the jurisdiction of Collier County; to protect human, environmental, social and economic resources; and to maintain through orderly growth and development, the character and stability of present and future land uses and development in Collier County. 12. It is the intent of the Board of County Commissioners of Collier County to implement the Land Development Code in accordance with the provisions of the Collier County Comprehensive Plan, Chapter 125, Fla. Stat., and Chapter 163, Fla. Stat., and through these amendments to the Code. SECTION THREE: ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE * * * * * * * * * * * * * SUBSECTION 3.A. AMENDMENTS TO SECTION 1.08.02 – DEFINITIONS Section 1.08.02 Definitions, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: Section 1.08.02 Definitions * * * * * * * * * * * * Monopole communications tower: A commercial vertical single tubular self-supporting tower for nonparabolic antennas with small effective radii. * * * * * * * * * * * * * Wireless communication facilities: See all related definitions in LDC section 5.05.09. * * * * * * * * * * * * * DRAFT 12/18/23 Page 5 of 61 Words struck through are deleted, words underlined are added SUBSECTION 3.B. AMENDMENTS TO SECTION 2.01.03 - ESSENTIAL SERVICES Section 2.01.03, Essential Services, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: Section 2.01.03 Essential Services * * * * * * * * * * * * * A. The following uses shall be deemed permitted uses in all zoning districts, except CON districts, RFMU sending lands, NRPAS, HSAS, and FSAS: * * * * * * * * * * * * * 4. Wireless communication facilities Communication towers, limited to those providing wireless emergency telephone service, subject to all applicable provisions in section 5.05.09 of this Code. 54. Electrical transmission and distribution lines, substations, and emergency power structures; -Remainder of list to be renumbered accordingly- 98. Conservation Collier lands which provide for permitted nondestructive, passive natural resource based recreational and educational activities, exclusive of major improvements. Permitted minor improvements shall be limited to one (1) ground sign, not to exceed eight (8) feet in height with a maximum sign area of thirty-two (32) square feet; a parking area, not to exceed twenty (20) parking spaces; hiking trails; a fully accessible trail or trail section; educational kiosks not to exceed one hundred (100) square feet; and public restroom facilities not to exceed five hundred (500) square feet. The provisions for Conservation Collier lands in this Code do not affect the underlying zoning districts or land use designations in any district where Conservation Collier lands are established. Such that no expansion or diminution of the various zoning district permitted uses is intended or implied by these provisions, except as stated above with respect to minor improvements. Oil and gas exploration as defined and regulated in this Code remains a permitted use on or beneath Conservation Collier lands established in any zoning district providing for oil and gas exploration as a permitted use pursuant to subsection 2.03.09 B.1.a.viii. * * * * * * * * * * * * * H. Wireless communication facilities, limited to those providing wireless emergency telephone service, are considered an essential service and shall be permitted and subject to all applicable provisions in LDC section 5.05.09. DRAFT 12/18/23 Page 6 of 61 Words struck through are deleted, words underlined are added SUBSECTION 3.C. AMENDMENTS TO SECTION 2.03.01 – AGRICULTURAL DISTRICTS Section 2.03.01, Agricultural Districts, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 2.03.01 Agricultural Districts A. Rural Agricultural District (A). The purpose and intent of the rural agricultural district (A) is to provide lands for agricultural, pastoral, and rural land uses by accommodating traditional agricultural, agricultural related activities and facilities, support facilities related to agricultural needs, and conservation uses. Uses that are generally considered compatible to agricultural uses that would not endanger or damage the agricultural, environmental, potable water, or wildlife resources of the County, are permissible as conditional uses in the A district. The A district corresponds to and implements the Agricultural/Rural land use designation on the future land use map of the Collier County GMP, and in some instances, may occur in the designated urban area. The maximum density permissible in the rural agricultural district within the urban mixed use district shall be guided, in part, by the density rating system contained in the future land use element of the GMP. The maximum density permissible or permitted in A district shall not exceed the density permissible under the density rating system. The maximum density permissible in the A district within the agricultural/rural district of the future land use element of the Collier County GMP shall be consistent with and not exceed the density permissible or permitted under the agricultural/rural district of the future land use element. 1. The following subsections identify the uses that are permissible by right and the uses that are allowable as accessory or conditional uses in the rural agricultural district (A). a. Permitted uses. * * * * * * * * * * * * * 7. Family care facilities, subject to section 5.05.04. 8. Communications towers up to specified height Wireless communication facilities, subject to LDC section 5.05.09. 9. Essential services, as set forth in section 2.01.03. * * * * * * * * * * * * * c. Conditional uses. The following uses are permitted as conditional uses in the rural agricultural district (A), subject to the standards and procedures established in LDC section 10.08.00 and the Administrative Code. * * * * * * * * * * * * * 12. Collection and transfer sites for resource recovery. 13. Communication towers above specified height, subject to section 5.05.09. 143. Social and fraternal organizations. DRAFT 12/18/23 Page 7 of 61 Words struck through are deleted, words underlined are added -Remainder of list to be renumbered accordingly- 287. Ancillary plants. * * * * * * * * * * * * * B. Estate District (E). The purpose and intent of the estates district (E) is to provide lands for low density residential development in a semi-rural to rural environment, with limited agricultural activities. In addition to low density residential development with limited agricultural activities, the E district is also designed to accommodate as conditional uses, development that provides services for and is compatible with the low density residential, semi-rural and rural character of the E district. The E district corresponds to and implements the estates land use designation on the future land use map of the Collier County GMP, although, in limited instances, it may occur outside of the estates land use designation. The maximum density permissible in the E district shall be consistent with and not exceed the density permissible or permitted under the estates district of the future land use element of the Collier County GMP as provided under the Golden Gate Master Plan. 1. The following subsections identify the uses that are permissible by right and the uses that are allowable as accessory or conditional uses in the estates district (E). * * * * * * * * * * * * * c. Conditional uses. For Estates zoning within the Golden Gate Estates subdivision, the Golden Gate Area Master Plan in the GMP restricts the location of conditional uses. The following uses are permissible as conditional uses in the estates district (E), subject to the standards and procedures established in LDC section 10.08.00: * * * * * * * * * * * * * 11. Public schools without an agreement with Collier County, as described in LDC section 5.05.14. Additional standards in LDC section 5.05.14 shall also apply. 12. Communication towers up to specified heights Wireless communication facilities, subject to LDC section 5.05.09. * * * * * * * * * * * * * SUBSECTION 3.D. AMENDMENTS TO SECTION 2.03.02 – RESIDENTIAL ZONING DISTRICTS Section 2.03.02, Residential Zoning Districts, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 2.03.02 Residential Zoning Districts DRAFT 12/18/23 Page 8 of 61 Words struck through are deleted, words underlined are added A. Residential Single-Family Districts (RSF-1; RSF-2; RSF-3; RSF-4; RSF-5; RSF-6). The purpose and intent of the residential single-family districts (RSF) is to provide lands primarily for single-family residences. These districts are intended to be single-family residential areas of low density. The nature of the use of property is the same in all of these districts. Variation among the RSF-1, RSF-2, RSF-3, RSF-4, RSF-5 and RSF-6 districts is in requirements for density, lot area, lot width, yards, height, floor area, lot coverage, parking, landscaping and signs. Certain structures and uses designed to serve the immediate needs of the single-family residential development in the RSF districts such as governmental, educational, religious, and noncommercial recreational uses are permitted as conditional uses as long as they preserve and are compatible with the single-family residential character of the RSF district[s]. The RSF districts correspond to and implement the urban mixed use land use designation on the future land use map of the Collier County GMP. The maximum density permissible in the residential single-family (RSF) districts and the urban mixed use land use designation shall be guided, in part, by the density rating system contained in the future land use element of the Collier County GMP. The maximum density permissible or permitted in the RSF district shall not exceed the density permissible under the density rating system, except as permitted by policies contained in the future land use element. * * * * * * * * * * * * * 1. The following subsections identify the uses that are permissible by right and the uses that are allowable as accessory or conditional uses in the residential single- family districts (RSF). * * * * * * * * * * * * * c. Conditional uses. The following uses are permissible as conditional uses in the residential single-family districts (RSF), subject to the standards and procedures established in LDC section 10.08.00. * * * * * * * * * * * * * 11. Public schools without an agreement with Collier County, as described in LDC section 5.05.14. Additional standards in LDC section 5.05.14 shall also apply; however, any high school located in this district is subject to a compatibility review as described in LDC section 10.02.03. 12. Wireless communication facilities, subject to LDC section 5.05.09. * * * * * * * * * * * * * B. Residential Multi-Family-6 District (RMF-6). The purpose and intent of the residential multi-family-6 district (RMF-6) is to provide for single-family, two-family and multi-family residences having a low profile silhouette, surrounded by open space, being so situated that it is located in close proximity to public and commercial services and has direct or convenient access to collector and arterial roads on the county major road network. The RMF-6 district corresponds to and implements the urban mixed use land use designation on the future land use map of the Collier County GMP. The maximum density permissible in the RMF-6 district and the urban mixed use land use designation shall be guided, in part, by the density rating system contained in the future land use element of DRAFT 12/18/23 Page 9 of 61 Words struck through are deleted, words underlined are added the Collier County GMP. The maximum density permissible or permitted in the RMF-6 district shall not exceed the density permissible under the density rating system, except as permitted by policies contained in the future land use element. 1. The following subsections identify the uses that are permissible by right and the uses that are allowable as accessory or conditional uses in the RMF-6 district. * * * * * * * * * * * * * c. Conditional uses. The following uses are permissible as conditional uses in the RMF-6 district, subject to the standards and procedures established in LDC section 10.08.00. * * * * * * * * * * * * * 10. Public schools without an agreement with Collier County, as described in LDC section 5.05.14. Additional standards in LDC section 5.05.14 shall also apply; however, any high school located in this district is subject to a compatibility review as described in LDC section 10.02.03. 11. Wireless communication facilities, subject to LDC section 5.05.09. * * * * * * * * * * * * * C. Residential Multi-Family-12 District (RMF-12). The purpose and intent of the residential multi-family 12 district (RMF-12) is to provide lands for multiple-family residences having a mid- rise profile, generally surrounded by lower structures and open space, located in close proximity to public and commercial services, with direct or convenient access to collector and arterial roads on the county major road network. Governmental, social, and institutional land uses that serve the immediate needs of the multi-family residences are permitted as conditional uses as long as they preserve and are compatible with the mid-rise multiple-family character of the district. The RMF-12 district corresponds to and implements the urban mixed use land use designation on the future land use map of the Collier County GMP. The maximum density permissible in the RMF-12 district and the urban mixed use land use designation shall be guided, in part, by the density rating system contained in the future land use element of the Collier County GMP. The maximum density permissible or permitted in the RMF-12 district shall not exceed the density permissible under the density rating system, except as permitted by policies contained in the future land use element. 1. The following subsections identify the uses that are permissible by right and the uses that are allowable as accessory or conditional uses in the residential multi- family-12 district (RMF-12). a. Permitted uses. * * * * * * * * * * * * * 6. Educational plants and public schools with an agreement with Collier County, as described in LDC section 5.05.14; however, any high school located in this district is subject to a compatibility review as described in LDC section 10.02.03 DRAFT 12/18/23 Page 10 of 61 Words struck through are deleted, words underlined are added 7. Wireless communication facilities, subject to LDC section 5.05.09. * * * * * * * * * * * * * D. Residential Multi-Family-16 District (RMF-16). The purpose and intent of the residential multi-family-16 district (RMF-16) is to provide lands for medium to high density multiple- family residences, generally surrounded by open space, located in close proximity to public and commercial services, with direct or convenient access to arterial and collector roads on the county major road network. Governmental, social, and institutional land uses that serve the immediate needs of the multiple-family residences are permitted as conditional uses as long as they preserve and are compatible with the medium to high density multi-family character of the district. The RMF-16 district corresponds to and implements the urban mixed use land use designation on the future land use map of the Collier County GMP. The maximum density permissible in the RMF-16 district and the urban mixed use land use designation shall be guided, in part, by the density rating system contained in the future land use element of the Collier County GMP. The maximum density permissible or permitted in the RMF-16 district shall not exceed the density permissible under the density rating system, except as permitted by policies contained in the future land use element. 1. The following subsections identify the uses that are permissible by right and the uses that are allowable as accessory or conditional uses in the residential multi- family-16 district (RMF-16). a. Permitted uses. 4. Educational plants and public schools with an agreement with Collier County, as described in LDC section 5.05.14; however, any high school located in this district is subject to a compatibility review as described in LDC section 10.02.03. 5. Wireless communication facilities, subject to LDC section 5.05.09. * * * * * * * * * * * * * E. Residential Tourist District (RT). The purpose and intent of the residential tourist district (RT) is to provide lands for tourist accommodations and support facilities, and multiple family uses. The RT district corresponds with and implements the urban mixed use district and the activity center district in the urban designated area on the future land use map of the Collier County GMP. 1. The following subsections identify the uses that are permissible by right and the uses that are allowable as accessory or conditional uses in the residential tourist district (RT). a. Permitted uses. 5. Townhouses subject to section 5.05.07. 6. Wireless communication facilities, subject to LDC section 5.05.09. * * * * * * * * * * * * * DRAFT 12/18/23 Page 11 of 61 Words struck through are deleted, words underlined are added F. Village Residential District (VR). The purpose and intent of the village residential district (VR) is to provide lands where a mixture of residential uses may exist. Additionally, uses are located and designed to maintain a village residential character which is generally low profile, relatively small building footprints as is the current appearance of Goodland and Copeland. The VR district corresponds to and implements the mixed residential land use designation on the Immokalee future land use map of the Collier County GMP. It is intended for application in those urban areas outside of the coastal urban area designated on the future land use map of the Collier County GMP, though there is some existing VR zoning in the coastal urban area. The maximum density permissible in the VR district and the urban mixed use land use designation shall be guided, in part, by the density rating system contained in the future land use element of the Collier County GMP. The maximum density permissible or permitted in the VR district shall not exceed the density permissible under the density rating system, except as permitted by policies contained in the future land use element, or as designated on the Immokalee future land use map of the GMP. 1. The following subsections identify the uses that are permissible by right and the uses that are allowable as accessory or conditional uses in the village residential district (VR). a. Permitted uses. 6. Educational plants and public schools with an agreement with Collier County, as described in LDC section 5.05.14; however, any high school located in this district is subject to a compatibility review as described in LDC section 10.02.03. 7. Wireless communication facilities, subject to LDC section 5.05.09. * * * * * * * * * * * * * G. Mobile Home District (MH). The purpose and intent of the mobile home district (MH) is to provide land for mobile homes and modular built homes, as defined in this Land Development Code, that are consistent and compatible with surrounding land uses. The MH District corresponds to and implements the urban mixed-use land use designation on the future land-use map of the Collier County GMP. The maximum density permissible in the MH district and the urban mixed use land use designation shall be guided, in part, by the density rating system contained in the future land use element of the Collier County GMP. The maximum density permissible or permitted in the MH district shall not exceed the density permissible under the density rating system, except as permitted by policies contained in the future land use element, or as identified in the Immokalee future land use map of the GMP. 1. The following subsections identify the uses that are permissible by right and the uses that are allowable as accessory or conditional uses in the mobile home district (MH). a. Permitted uses. 5. Educational plants and public schools with an agreement with Collier County, as described in LDC section 5.05.14; however, any DRAFT 12/18/23 Page 12 of 61 Words struck through are deleted, words underlined are added high school located in this district is subject to a compatibility review as described in LDC section 10.02.03. 6. Wireless communication facilities, subject to LDC section 5.05.09. * * * * * * * * * * * * * SUBSECTION 3.E. AMENDMENTS TO SECTION 2.03.03 – COMMERCIAL ZONING DISTRICTS Section 2.03.03, Commercial Zoning Districts, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 2.03.03 Commercial Zoning Districts A. Commercial Professional and General Office District (C-1). The purpose and intent of the commercial professional and general office district C-1 is to allow a concentration of office type buildings and land uses that are most compatible with, and located near, residential areas. Most C-1 commercial, professional, and general office districts are contiguous to, or when within a PUD, will be placed in close proximity to residential areas, and, therefore, serve as a transitional zoning district between residential areas and higher intensity commercial zoning districts. The types of office uses permitted are those that do not have high traffic volumes throughout the day, which extend into the evening hours. They will have morning and evening short-term peak conditions. The market support for these office uses should be those with a localized basis of market support as opposed to office functions requiring inter-jurisdictional and regional market support. Because office functions have significant employment characteristics, which are compounded when aggregations occur, certain personal service uses shall be permitted, to provide a convenience to office-based employment. Such convenience commercial uses shall be made an integral part of an office building as opposed to the singular use of a building. Housing may also be a component of this district as provided for through conditional use approval. 1. The following uses, as identified with a number from the Standard Industrial Classification Manual (1987), or as otherwise provided for within this section are permissible by right, or as accessory or conditional uses within the C-1 commercial professional and general office district. * * * * * * * * * * * * * a. Permitted uses. 40. Travel agencies (4724, no other transportation services). 41. Wireless communication facilities, subject to LDC section 5.05.09. 412. Any other commercial use or professional service which is comparable in nature with the foregoing uses including those that exclusively serve the administrative as opposed to the operational functions of a business and are associated purely with activities DRAFT 12/18/23 Page 13 of 61 Words struck through are deleted, words underlined are added conducted in an office, as determined by the Hearing Examiner or CCPC, pursuant to LDC section 10.02.06 K. * * * * * * * * * * * * * B. Commercial Convenience District (C-2). The purpose and intent of the commercial convenience district (C-2) is to provide lands where commercial establishments may be located to provide the small-scale shopping and personal needs of the surrounding residential land uses within convenient travel distance except to the extent that office uses carried forward from the C-1 district will expand the traditional neighborhood size. However, the intent of this district is that retail and service uses be of a nature that can be economically supported by the immediate residential environs. Therefore, the uses should allow for goods and services that households require on a daily basis, as opposed to those goods and services that households seek for the most favorable economic price and, therefore, require much larger trade areas. It is intended that the C- 2 district implements the Collier County GMP within those areas designated agricultural/rural; estates neighborhood center district of the Golden Gate Master Plan; the neighborhood center district of the Immokalee Master Plan; and the urban mixed use district of the future land use element permitted in accordance with the locational criteria for commercial and the goals, objectives, and policies as identified in the future land use element of the Collier County GMP. The maximum density permissible in the C-2 district and the urban mixed use land use designation shall be guided, in part, by the density rating system contained in the future land use element of the Collier County GMP. The maximum density permissible or permitted in a district shall not exceed the density permissible under the density rating system. 1. The following uses, as identified with a number from the Standard Industrial Classification Manual (1987), or as otherwise provided for within this section are permissible by right, or as accessory or conditional uses within the C-2 commercial convenience district. a. Permitted uses. * * * * * * * * * * * * * 72. Wallpaper stores (5231) with 1,800 square feet or less of gross floor area in the principal structure. 73. Wireless communication facilities, subject to LDC section 5.05.09. 734. Any other commercial use or professional services which is comparable in nature with the foregoing uses including those that exclusively serve the administrative as opposed to the operational functions of a business and are associated purely with activities conducted in an office. -Remainder of list to be renumbered accordingly- 756. An existing lawful structure over 1,800 sq. ft. as of July 14, 2014 may be occupied by any C-2 permitted use with a 1,800 sq. ft. or greater limitation. DRAFT 12/18/23 Page 14 of 61 Words struck through are deleted, words underlined are added * * * * * * * * * * * * * C. Commercial Intermediate District (C-3). The purpose and intent of the commercial intermediate district (C-3) is to provide for a wider variety of goods and services intended for areas expected to receive a higher degree of automobile traffic. The type and variety of goods and services are those that provide an opportunity for comparison shopping, have a trade area consisting of several neighborhoods, and are preferably located at the intersection of two-arterial level streets. Most activity centers meet this standard. This district is also intended to allow all of the uses permitted in the C-1 and C-2 zoning districts typically aggregated in planned shopping centers. This district is not intended to permit wholesaling type of uses, or land uses that have associated with them the need for outdoor storage of equipment and merchandise. A mixed-use project containing a residential component is permitted in this district subject to the criteria established herein. The C-3 district is permitted in accordance with the locational criteria for commercial and the goals, objectives, and policies as identified in the future land use element of the Collier County GMP. The maximum density permissible in the C-3 district and the urban mixed use land use designation shall be guided, in part, by the density rating system contained in the future land use element of the Collier County GMP. The maximum density permissible or permitted in the C-3 district shall not exceed the density permissible under the density rating system. 1. The following uses, as identified with a number from the Standard Industrial Classification Manual (1987), or as otherwise provided for within this section are permissible by right, or as accessory or conditional uses within the commercial intermediate district (C-3). a. Permitted uses. * * * * * * * * * * * * * 92. Wallpaper stores (5231) with 5,000 square feet or less of gross floor area in the principal structure. 93. Wireless communication facilities, subject to LDC section 5.05.09. 934. Any use which was permissible under the prior General Retail Commercial (GRC) zoning district, as identified by Zoning Ordinance adopted October 8, 1974, and which was lawfully existing prior to the adoption of this Code. 945. Any of the foregoing uses that are subject to a gross floor area limitation shall be permitted by right without the maximum floor area limitation if the use is developed as a component of a shopping center. 956. Any other commercial use or professional services which is comparable in nature with the foregoing uses including those that exclusively serve the administrative as opposed to the operational functions of a business and are associated purely with activities conducted in an office. DRAFT 12/18/23 Page 15 of 61 Words struck through are deleted, words underlined are added 967. Any other intermediate commercial use which is comparable in nature with the list of permitted uses and consistent with the purpose and intent statement of the district, as determined by the Hearing Examiner or CCPC, pursuant to LDC section 10.02.06 K. 978. An existing lawful structure over 5,000 sq. ft. as of July 14, 2014 may be occupied by any C-3 permitted use with a 5,000 sq. ft. or greater limitation. * * * * * * * * * * * * * D. General Commercial District (C-4). The general commercial district (C-4) is intended to provide for those types of land uses that attract large segments of the population at the same time by virtue of scale, coupled with the type of activity. The purpose and intent of the C-4 district is to provide the opportunity for the most diverse types of commercial activities delivering goods and services, including entertainment and recreational attractions, at a larger scale than the C-1 through C-3 districts. As such, all of the uses permitted in the C-1 through C-3 districts are also permitted in the C-4 district. The outside storage of merchandise and equipment is prohibited, except to the extent that it is associated with the commercial activity conducted on-site such as, but not limited to, automobile sales, marine vessels, and the renting and leasing of equipment. Activity centers are suitable locations for the uses permitted by the C-4 district because most activity centers are located at the intersection of arterial roads. Therefore the uses in the C-4 district can most be sustained by the transportation network of major roads. The C-4 district is permitted in accordance with the locational criteria for uses and the goals, objectives, and policies as identified in the future land use element of the Collier County GMP. The maximum density permissible or permitted in a district shall not exceed the density permissible under the density rating system. 1. The following uses, as defined with a number from the Standard Industrial Classification Manual (1987), or as otherwise provided for within this section are permissible by right, or as accessory or conditional uses within the general commercial district (C-4). a. Permitted uses. * * * * * * * * * * * * * 27. Cable and other pay television services (4841) including communications towers up to specified height, subject to section 5.05.09. * * * * * * * * * * * * * 130. Telegraph and other message communications (4822) including communications towers up to specified height, subject to section 5.05.09. 131. Telephone communications (4812 and 4813) including communications towers up to specified height, subject to section 5.05.09. DRAFT 12/18/23 Page 16 of 61 Words struck through are deleted, words underlined are added * * * * * * * * * * * * * 140. Wireless communication facilities, subject to LDC section 5.05.09. 1401. Any use which was permissible under the prior General Retail Commercial (GRC) zoning district, as identified by Zoning Ordinance adopted October 8, 1974, and which was lawfully existing prior to the adoption of this Code. 1412. Any other commercial use or professional services which is comparable in nature with the foregoing uses including those that exclusively serve the administrative as opposed to the operational functions of a business and are purely associated with activities conducted in an office. 1423. Any other general commercial use which is comparable in nature with the list of permitted uses and consistent with the purpose and intent statement of the district, as determined by the Hearing Examiner or CCPC, pursuant to LDC section 10.02.06 K. * * * * * * * * * * * * * c. Conditional uses. The following uses are permitted as conditional uses in the general commercial district (C-4), subject to the standards and procedures established in LDC section 10.08.00. * * * * * * * * * * * * * 7. Bottle clubs. (All establishments engaged in the retail sale of alcoholic beverages for on-premise consumption are subject to the locational requirements of section 5.05.01.). 8. Communication towers above specified height, subject to section 5.05.09. 98. Dealers not elsewhere classified (5599 outdoor display permitted, excluding Aircraft dealers-retail). -Remainder of list to be renumbered accordingly- 2425. Veterinary services (0741 and 0742, with outside kenneling). * * * * * * * * * * * * * E. Heavy Commercial District (C-5). In addition to the uses provided in the C-4 zoning district, the heavy commercial district (C-5) allows a range of more intensive commercial uses and services which are generally those uses that tend to utilize outdoor space in the conduct of the business. The C-5 district permits heavy commercial services such as full-service automotive repair, and establishments primarily engaged in construction and specialized trade activities such as contractor offices, plumbing, heating and air conditioning services, and similar uses that typically have a need to store construction associated equipment and supplies within an enclosed structure or have showrooms DRAFT 12/18/23 Page 17 of 61 Words struck through are deleted, words underlined are added displaying the building material for which they specialize. Outdoor storage yards are permitted with the requirement that such yards are completely enclosed or opaquely screened. The C-5 district is permitted in accordance with the locational criteria for uses and the goals, objectives, and policies as identified in the future land use element of the Collier County GMP. 1. The following uses, as identified with a number from the Standard Industrial Classification Manual (1987), or as otherwise provided for within this section are permissible by right, or as accessory or conditional uses within the heavy commercial district (C-5). a. Permitted uses. * * * * * * * * * * * * * 32. Cable and other pay television services (4841) including communications towers up to specified height, subject to section 5.05.09. * * * * * * * * * * * * * 166. Telegraph and other message communications (4822) including communications towers up to specified height, subject to LDC section 5.05.09. 167. Telephone communications (4812 and 4813) including communications towers up to specified height, subject to LDC section 5.05.09. * * * * * * * * * * * * * 180. Welding repair (7692). 181. Wireless communication facilities, subject to LDC section 5.05.09. 1812. Any use which was permissible under the prior General Retail Commercial (GRC) zoning district, as identified by Zoning Ordinance adopted October 8, 1974, and which was lawfully existing prior to the adoption of this Code. 1823. Any other commercial use or professional services which is comparable in nature with the foregoing uses including those that exclusively serve the administrative as opposed to the operational functions of a business and are purely associated with activities conducted in an office. 1834. Any other heavy commercial use which is comparable in nature with the list of permitted uses and consistent with the purpose and intent statement of the district, as determined by the Hearing Examiner or CCPC, pursuant to LDC section 10.02.06 K. DRAFT 12/18/23 Page 18 of 61 Words struck through are deleted, words underlined are added * * * * * * * * * * * * * c. Conditional uses. The following uses are permissible as conditional uses in the heavy commercial district (C-5), subject to the standards and procedures established in LDC section 10.08.00. * * * * * * * * * * * * * 5. Communications (4812—4841) with communications towers that exceed specified height, subject to section 5.05.09. -Remainder of list to be renumbered accordingly- 1817. Veterinary services (0741 and 0742, without kenneling) * * * * * * * * * * * * * F. Travel Trailer-Recreational Vehicle Campground District (TTRVC). * * * * * * * * * * * * * 2. The following uses are permissible by right, or as accessory or conditional uses within the travel trailer-recreational vehicle campground district (TTRVC). a. Permitted uses. 1. Travel trailers, park model travel trailers, pickup coaches, motor homes and other recreational vehicles. 2. Wireless communication facilities, subject to LDC section 5.05.09. * * * * * * * * * * * * * SUBSECTION 3.F. AMENDMENTS TO SECTION 2.03.04 – INDUSTRIAL ZONING DISTRICTS Section 2.03.04, Industrial Zoning Districts, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 2.03.04 Industrial Zoning Districts A. Industrial District (I). The purpose and intent of the industrial district (I) is to provide lands for manufacturing, processing, storage and warehousing, wholesaling, and distribution. Service and commercial activities that are related to manufacturing, processing, storage and warehousing, wholesaling, and distribution activities, as well as commercial uses relating to automotive repair and heavy equipment sales and repair are also permissible in the I district. The I district corresponds to and implements the industrial land use designation on the future land use map of the Collier County GMP. DRAFT 12/18/23 Page 19 of 61 Words struck through are deleted, words underlined are added 1. The following uses, as identified within the Standard Industrial Classification Manual (1987), or as otherwise provided for within this section, are permitted as a right, or as accessory or conditional uses within the industrial district (I). a. Permitted uses. * * * * * * * * * * * * * 9. Communications (4812—4899 including communications towers up to specified heights, subject to section 5.05.09.). * * * * * * * * * * * * * 56. Wholesale trade—nondurable goods (5111-5159, 5181, 5182, 5191 except that wholesale distribution of chemicals, fertilizers, insecticides, and pesticides must be a minimum of 500 feet from a residential zoning district (5192—5199). 57. Wireless communication facilities, subject to LDC section 5.05.09. 578. Existing retail uses that were in operation on January 1, 2009, in the Industrial zoning district and which have been continuously and conspicuously operating in the Industrial zoning district as of June 8, 2010, without limitation as to square footage of the retail use. These existing retail businesses shall be treated as legal non-conforming uses in accordance with the LDC, provided however that in the event of destruction or damage due to natural disaster, the structures housing such uses may be rebuilt to their pre-disaster condition. * * * * * * * * * * * * * c. Conditional uses. The following uses are permitted as conditional uses in the industrial district (I), subject to the standards and procedures established in LDC section 10.08.00. * * * * * * * * * * * * * 4. Communications (groups 4812—4899 including communications towers that exceed specified heights subject to all requirements of section 5.05.09.). -Remainder of list to be renumbered accordingly- 2524. Soup kitchen * * * * * * * * * * * * * B. Business Park District (BP). The purpose and intent of the business park district (BP) is to provide a mix of industrial uses, corporate headquarters offices and business/professional offices which complement each other and provide convenience services for the employees within the district; and to attract businesses that create high DRAFT 12/18/23 Page 20 of 61 Words struck through are deleted, words underlined are added value added jobs. It is intended that the BP district be designed in an attractive park-like environment, with low structural density and large landscaped areas for both the functional use of buffering and enjoyment by the employees of the BP district. The BP district is permitted by the urban mixed use, urban commercial, and urban-industrial districts of the future land use element of the Collier County GMP. 1. The following uses, as identified within the latest edition of the Standard Industrial Classification Manual, or as otherwise provided for within this section, are permitted as of right, or as uses accessory to permitted primary or secondary uses, or are conditional uses within the business park district. a. Permitted primary uses. One hundred percent of the total business park district acreage is allowed to be developed with the following uses: * * * * * * * * * * * * * 4. Communications (4812—4899 including wireless communications towers facilities, limited in height to 100 feet and subject to LDC section 5.05.09.). * * * * * * * * * * * * * SUBSECTION 3.G. AMENDMENTS TO SECTION 2.03.05 – CIVIC AND INSTITUTIONAL ZONING DISTRICTS Section 2.03.05, Civic and Institutional Zoning Districts, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 2.03.05 - Civic and Institutional Zoning Districts A. Public Use District (P). The purpose and intent of public use district (P) is to accommodate only local, state and federally owned or leased and operated government facilities that provide essential public services. The P district is intended to facilitate the coordination of urban services and land uses while minimizing the potential disruption of the uses of nearby properties. * * * * * * * * * * * * * 4. The following uses are permitted as of right, or as accessory or conditional uses, in the public use district (P). a. Permitted uses. * * * * * * * * * * * * * 4. Communication towers. 54. Education facilities. 65. Educational plants. 76. Essential public service facilities. DRAFT 12/18/23 Page 21 of 61 Words struck through are deleted, words underlined are added 87. Fairgrounds. 98. Libraries. 109. Museums. 1110. Park and recreational service facilities. 1211. Parking facilities. 1312. Safety service facilities. 1413. Wireless communication facilities, subject to LDC section 5.05.09. 14. Any other public structures and uses which are comparable in nature with the list of permitted uses, and consistent with the purpose and intent statement of the district, as determined by the Hearing Examiner or CCPC, pursuant to LDC section 10.02.06 K. * * * * * * * * * * * * * B. Community Facility District (CF). The purpose and intent of (CF) district is to implement the GMP by permitting nonresidential land uses as generally identified in the urban designation of the future land use element. These uses can be characterized as public facilities, institutional uses, open space uses, recreational uses, water-related or dependent uses, and other such uses generally serving the community at large. The dimensional standards are intended to insure compatibility with existing or future nearby residential development. The CF district is limited to properties within the urban mixed use land use designation as identified on the future land use map. 1. The following uses are permitted as of right, or as accessory or conditional uses, in the community facility district (CF). a. Permitted uses. * * * * * * * * * * * * * 9. Educational services (groups 8211—8231). 10. Wireless communication facilities, subject to LDC section 5.05.09. * * * * * * * * * * * * * SUBSECTION 3.H. AMENDMENTS TO SECTION 2.03.06 – PLANNED UNIT DEVELOPMENT DISTRICTS Section 2.03.06, Planned Unit Development Districts, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 2.03.06 Planned Unit Development Districts DRAFT 12/18/23 Page 22 of 61 Words struck through are deleted, words underlined are added D. The following are permissible uses in the Research and Technology Park PUD: Identified Use Special Notes Or Regulation RTPPUD Accessory uses and structures 4.07.02 and 5.03.00 P * * * * * * * * * * * * * Communication groups 4812—4841 T Communication towers 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 * * * * * * * * * * * * * SUBSECTION 3.I. AMENDMENTS TO SECTION 2.03.07 – OVERLAY ZONING DISTRICTS Section 2.03.07, Overlay Zoning Districts, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 2.03.07 Overlay Zoning Districts * * * * * * * * * * * * * F. Golden Gate Parkway Overlay District (GGPOD). * * * * * * * * * * * * * 6. Prohibited uses. These uses are prohibited, except that uses existing as of March 16, 2021 may continue to operate as a permitted use until the use ceases for a period of one year. This section does not apply to the uses allowed in the underlying zoning district. a. Prohibited uses in the GGPOD-AC and GGPOD-DT. xi. Communication towers Wireless communication facilities, subject to LDC section 5.05.09. * * * * * * * * * * * * * G. Immokalee Urban Overlay District. To create the Immokalee Urban Overlay District with distinct subdistricts for the purpose of establishing development criteria suitable for the unique land use needs of the Immokalee Community. The boundaries of the Immokalee Urban Overlay District are delineated on the maps below. * * * * * * * * * * * * * DRAFT 12/18/23 Page 23 of 61 Words struck through are deleted, words underlined are added 5. Main Street Overlay Subdistrict. Special conditions for the properties identified in the Immokalee Area Master Plan; referenced on Map 7; and further identified by the designation "MSOSD" on the applicable official Collier County Zoning Atlas Maps. The purpose of this designation is to encourage development and redevelopment by enhancing and beautifying the downtown Main Street area through flexible design and development standards. a. Permitted uses. For all properties within the Main Street Overlay Subdistrict, except for properties hatched as indicated on Map 7, the Main Street Overlay Subdistrict, all permitted uses within the uses within the underlying zoning districts contained within this Subdistrict, and the following uses may be permitted as of right in this Subdistrict: 1. Hotel and motels (7011) 2. Communication towers Wireless communication facilities, as defined in LDC section 5.05.09, subject to the following: i. Such tower facilities is are an essential service use as defined by subsection 2.01.03 A.4; and ii. Such tower facilities may not exceed a height of 75 feet above grade including any antennas attached thereto. b. Permitted uses. For hatched properties within the Main Street Overlay Subdistrict, all permitted uses within the underlying zoning districts contained within this Subdistrict, and the following uses are permitted as of right in this Subdistrict: 1. All uses allowed in the Commercial Professional District (C-1), of this Code, except for group 7521. 2. Communication towers Wireless communication facilities, as defined in LDC section 5.05.09 subject to the following: i. Such tower facilities is are an essential service use as defined by subsection 2.01.03 A.4; and ii. Such tower facilities may not exceed a height of 75 feet above grade including any antennas attached thereto. c. Prohibited uses. All uses prohibited within the underlying residential and commercial zoning districts contained within this Subdistrict, and the following uses, shall be prohibited on properties with frontage on Main Street in between First Street and Ninth Street in the Main Street Overlay Subdistrict: * * * * * * * * * * * * * DRAFT 12/18/23 Page 24 of 61 Words struck through are deleted, words underlined are added 10. Communication towers Wireless communication facilities, as defined in LDC section 5.05.09 of this Code, except as otherwise permitted in this Subdistrict. * * * * * * * * * * * * * d. Accessory uses. * * * * * * * * * * * * * 2. Communication towers Wireless communication facilities, as defined in LDC section 5.05.09 subject to the following: i. Such tower facilities is are an essential service use as defined by subsection 2.01.03 A.4.; and ii. Such tower facilities may not exceed a height of 75 feet above grade including any antennas attached thereto. e. Conditional uses. 1. Conditional uses of the underlying zoning districts contained within the subdistrict, subject to the standards and procedures established in LDC section 10.08.00 and as set forth below: i. Local and suburban passenger transportation (4131, 4173) located upon commercially zoned properties within the Main Street Overlay Subdistrict. ii. Communication towers Wireless communication facilities, as defined in LDC section 5.05.09 of this Code for essential service uses as defined by subsection 2.01.03 A.4 that exceed a height of 75 feet above grade including any antennas attached thereto. iii. The following conditional uses may be permitted only on properties with frontage on North First Street, South First Street, and North Ninth Street within the Main Street Overlay Subdistrict: * * * * * * * * * * * * * i. Communication towers Wireless communication facilities, as defined in LDC section 5.05.09, except as otherwise permitted in this Subdistrict. * * * * * * * * * * * * * I. Bayshore Zoning Overlay District (BZO). This section provides special conditions for the properties adjacent to Bayshore Drive as identified by the designation "BZO" on the applicable official Collier County Zoning Atlas Map or map series. DRAFT 12/18/23 Page 25 of 61 Words struck through are deleted, words underlined are added * * * * * * * * * * * * * 4. Bayshore Zoning Overlay District (BZO) Subdistricts. * * * * * * * * * * * * * b. Use Categories and Table of Uses. * * * * * * * * * * * * * iii. Table of Uses. Table 1. Table of Uses for the BZO Subdistricts USE TYPE BZO SUBDISTRICTS ADDITIONAL STANDARDS RESIDENTIAL MIXED USE R1 R2 R3 R4 NC W * * * * * * * * * * * * * 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 5.05.09 * * * * * * * * * * * * * N. Gateway Triangle Zoning Overlay District (GTZO). This section contains special conditions for the properties in and adjacent to the Gateway Triangle as identified by the designation "GTZO" on the applicable official Collier County Zoning Atlas Map or map series. * * * * * * * * * * * * * 4. Gateway Triangle Zoning Overlay District (GTZO) Subdistricts. * * * * * * * * * * * * * b. Use Categories and Table of Uses. * * * * * * * * * * * * * iii. Table of Uses. Table 2. Table of Uses for the GTZO Subdistricts USE TYPE GTZO SUBDISTRICTS ADDITIONAL STANDARDS RESIDENTIAL MIXED USE DRAFT 12/18/23 Page 26 of 61 Words struck through are deleted, words underlined are added * * * * * * * * * * * * * 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 5.05.09 * * * * * * * * * * * * * SUBSECTION 3.I. AMENDMENTS TO SECTION 2.03.08 – RURAL FRINGE ZONING DISTRICTS Section 2.03.08, Rural Fringe Zoning Districts, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 2.03.08 - Rural Fringe Zoning Districts A. Rural Fringe Mixed-Use District (RFMU District). * * * * * * * * * * * * * 2. RFMU receiving lands. RFMU receiving lands are those lands within the RFMU district that have been identified as being most appropriate for development and to which residential development units may be transferred from RFMU sending lands. Based on the evaluation of available data, RFMU receiving lands have a lesser degree of environmental or listed species habitat value than RFMU sending lands and generally have been disturbed through development or previous or existing agricultural operations. Various incentives are employed to direct development into RFMU receiving lands and away from RFMU sending lands, thereby maximizing native vegetation and habitat preservation and restoration. Such incentives include, but are not limited to: the TDR process; clustered development; density bonus incentives; and, provisions for central sewer and water. Within RFMU receiving lands, the following standards shall apply, except as noted in LDC subsection 2.03.08 A.1 above, or as more specifically provided in an applicable PUD. a. Outside rural villages. * * * * * * * * * * * * * (3) Allowable Uses. * * * * * * * * * * * * * DRAFT 12/18/23 Page 27 of 61 Words struck through are deleted, words underlined are added (c) Conditional uses. The following uses are permissible as conditional uses subject to the standards and procedures established in LDC section 10.08.00. * * * * * * * * * * * * * ix. In RFMU receiving lands other than those within the NBMO, earth mining and extraction. x. Wireless communication facilities, subject to LDC section 5.05.09. * * * * * * * * * * * * * b. Rural villages. Rural villages, including rural villages within the NBMO, may be approved within the boundaries of RFMU receiving lands, subject to the following: (1) Allowable Uses: * * * * * * * * * * * * * (b) CONDITIONAL USES 1 through 5, and 7, and 10 identified in section 2.03.08A.2.a.(3)(c), when specifically identified in, and approved as part of a RURAL VILLAGE PUD. * * * * * * * * * * * * * 3. Neutral lands. Neutral lands have been identified for limited semi-rural residential development. Available data indicates that neutral lands have a higher ratio of native vegetation, and thus higher habitat values, than lands designated as RFMU receiving lands, but these values do not approach those of RFMU sending lands. Therefore, these lands are appropriate for limited development, if such development is directed away from existing native vegetation and habitat. Within neutral lands, the following standards shall apply: a. Allowable uses. The following uses are permitted as of right: * * * * * * * * * * * * * (3) Conditional uses. The following uses are permissible as conditional uses subject to the standards and procedures established in LDC section 10.08.00. * * * * * * * * * * * * * (k) Earth mining and extraction and related processing. (l) Wireless communication facilities, subject to LDC section 5.05.09. DRAFT 12/18/23 Page 28 of 61 Words struck through are deleted, words underlined are added * * * * * * * * * * * * * 4. RFMU sending lands. RFMU sending lands are those lands that have the highest degree of environmental value and sensitivity and generally include significant wetlands, uplands, and habitat for listed species. RFMU sending lands are the principal target for preservation and conservation. Density may be transferred from RFMU sending lands as provided in LDC section 2.03.07 D.4.c. All NRPAs within the RFMU district are also RFMU sending lands. With the exception of specific provisions applicable only to NBMO neutral lands, the following standards shall apply within all RFMU sending lands: a. Allowable uses where TDR credits have not been severed. * * * * * * * * * * * * * (3) Conditional uses. * * * * * * * * * * * * * (d) Commercial uses accessory to permitted uses 1.a, 1.c. and 1.d above, such as retail sales of produce accessory to farming, or a restaurant accessory to a park or preserve, so long as restrictions or limitations are imposed to insure the commercial use functions as an accessory, subordinate use. (e) Wireless communication facilities, subject to LDC section 5.05.09. b. Allowable uses where TDR credits have been severed. * * * * * * * * * * * * * (2) Conditional uses: * * * * * * * * * * * * * (b) Oil and gas field development and production, subject to applicable state and federal field development permits and Collier County non-environmental site development plan review procedures. Directional-drilling and/or previously cleared or disturbed areas shall be utilized in order to minimize impacts to native habitats, where determined to be practicable. This requirement shall be deemed satisfied upon issuance of a state permit in compliance with the criteria established in Chapter 62C-25 through 62C-30, F.A.C., as those rules existed on Oct. 3, 2005 [the effective date of this provision], regardless of whether the activity occurs within the Big Cypress Watershed, as defined in Rule 62C-30.001(2), F.A.C. All applicable Collier County environmental permitting requirements shall be considered satisfied by evidence of the issuance of all applicable DRAFT 12/18/23 Page 29 of 61 Words struck through are deleted, words underlined are added federal and/or state oil and gas permits for proposed oil and gas activities in Collier County, so long as the state permits comply with the requirements of Chapter 62C-25 through 62C-30, F.A.C. For those areas of Collier County outside the boundary of the Big Cypress Watershed, the applicant shall be responsible for convening the Big Cypress Swamp Advisory Committee as set forth in Section 377.42, F.S., to assure compliance with Chapter 62C-25 through 62C-30, F.A.C., even if outside the defined Big Cypress Watershed. All oil and gas access roads shall be constructed and protected from unauthorized uses according to the standards established in Rule 62C- 30.005(2)(a)(1) through (12), F.A.C. (c) Wireless communication facilities, subject to LDC section 5.05.09. (d) Conditional use approval criteria: In addition to the criteria set forth in section 10.08.00 of this Code, the following additional criteria shall apply to the approval of conditional uses within RFMU sending lands: * * * * * * * * * * * * * SUBSECTION 3.J. AMENDMENTS TO SECTION 2.03.09 – OPEN SPACE ZONING DISTRICTS Section 2.03.09, Open Space Zoning Districts, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 2.03.09 - Open Space Zoning Districts * * * * * * * * * * * * * B. Conservation District "CON". The purpose and intent of the conservation district "CON" is to conserve, protect and maintain vital natural resource lands within unincorporated Collier County that are owned primarily by the public. All native habitats possess ecological and physical characteristics that justify attempts to maintain these important natural resources. Barrier islands, coastal bays, wetlands, and habitat for listed species deserve particular attention because of their ecological value and their sensitivity to perturbation. All proposals for development in the CON district must be subject to rigorous review to ensure that the impacts of the development do not destroy or unacceptably degrade the inherent functional values. The CON District includes such public lands as Everglades National Park, Big Cypress National Preserve, Florida Panther National Wildlife Refuge, portions of the Big Cypress Area of Critical State Concern, Fakahatchee Strand State Preserve, Collier-Seminole State Park, Rookery Bay National Estuarine Sanctuary Research Reserve, Delnor-Wiggins State Park, and the National Audubon's Corkscrew Swamp Sanctuary (privately owned), and C.R.E.W. It is the intent of the CON District to require review of all development proposed within the CON District to ensure that the inherent value of the County's natural resources is not destroyed or unacceptably altered. The CON District corresponds to and implements the DRAFT 12/18/23 Page 30 of 61 Words struck through are deleted, words underlined are added conservation land use designation on the future land use map of the Collier County GMP. 1. Allowable uses. The following uses are allowed in the CON District. * * * * * * * * * * * * * c. Conditional uses. The following uses are permitted as conditional uses in the CON, subject to the standards and procedures established in LDC section 10.08.00 and further subject to: 1) submission of a plan for development as part of the required EIS that demonstrates that wetlands, listed species and their habitat are adequately protected; and 2) conditions which may be imposed by the Board of County Commissioners, as deemed appropriate, to limit the size, location, and access to the conditional use. * * * * * * * * * * * * * 4. Staff housing in conjunction with safety service facilities and essential services. 5. Wireless communication facilities, subject to LDC section 5.05.09. * * * * * * * * * * * * * SUBSECTION 3.K. AMENDMENTS TO SECTION 4.02.01 – DIMENSIONAL STANDARDS FOR PRINCIPAL USES IN BASE ZONING DISTRICTS Section 4.02.01, Dimensional Standards for Principal Uses in Base Zoning Districts, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 4.02.01 Dimensional Standards for Principal Uses in Base Zoning Districts * * * * * * * * * * * * * D. Exemptions and exclusions from design standards. 1. The height limitations contained in LDC subsection 4.02.01 A. Table 2. Building Dimension Standards for Principal Uses in Base Zoning Districts do not apply to infrastructure in support of the building, such as mechanical penthouses, elevator shafts, stair shafts, mechanical equipment, mechanical screening, spires, belfries, cupolas, flagpoles, antennas, communications towers wireless communication facilities, water tanks, fire towers when operated by a branch of government, ventilators, chimneys, feed storage structures, silos, windmills, airport control towers, or other appurtenances placed above the roof level and not intended for human occupancy or for commercial purposes as provided below: * * * * * * * * * * * * * DRAFT 12/18/23 Page 31 of 61 Words struck through are deleted, words underlined are added SUBSECTION 3.L. AMENDMENTS TO SECTION 4.02.14 – DESIGN STANDARDS FOR DEVELOPMENT IN THE ST AND ACSC-ST DISTRICTS Section 4.02.14, Design Standards for Development in the ST and ACSC-ST Districts, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 4.02.14 Design Standards for Development in the ST and ACSC-ST Districts * * * * * * * * * * * * * H. Exceptions from public hearing requirements. The County Manager or designee may administratively approve a site alteration plan or site development plan for land designated ST or ACSC-ST without the public hearing otherwise required by this section if: * * * * * * * * * * * * * 4. Site alteration or site development around existing communication towers wireless communication facilities to expand or construct accessory structures associated with an already existing tower facility, not to exceed five acres. * * * * * * * * * * * * * SUBSECTION 3.L. AMENDMENTS TO SECTION 4.06.05 – GENERAL LANDSCAPING REQUIREMENTS Section 4.06.05, General Landscaping Requirements, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 4.06.05 - General Landscaping Requirements B. Landscaping requirements for industrial and commercial development. For projects subject to architectural design standards, see LDC section 5.05.08 F. for related provisions. * * * * * * * * * * * * * 2. Wireless Ccommunication towersfacilities. See LDC section 5.05.09 for landscape requirements that are specific to wireless communication facilities. An 8-foot high, 100 percent architecturally finished opaque wall must screen the security fencing that surrounds a tower base. In addition, landscaping must be located on the outside of such wall. The hedge requirement must also be planted around any ground level guy anchors. The entire perimeter of this wall shall be landscaped in at least one of the following ways so as to provide the equivalent of minimum code size trees located 25 feet on center and a 3-foot high hedge planted 3-feet on center. DRAFT 12/18/23 Page 32 of 61 Words struck through are deleted, words underlined are added a. If native vegetation is present within the parcel, a minimum 20 foot wide buffer strip must be preserved and used toward meeting the tree and hedge planting requirement. b. If native vegetation is present, but not dense enough to meet the equivalent of the tree and hedge requirements, it must be supplemented with plantings to meet the tree and hedge requirements. c. On sites where no native vegetation is present, a 15 foot wide landscape buffer with minimum code size trees located 25 feet on center and a 3 foot high hedge planted 3 feet on center must be planted. At the discretion of the county landscape architect, some or all of these landscape buffering requirements may be displaced to a right-of- way landscape buffer located within the parcel when it better serves the public interest of screening the communication tower. * * * * * * * * * * * * * SUBSECTION 3.M. AMENDMENTS TO SECTION 4.08.06 – SSA DESIGNATION Section 4.08.06, SSA Designation, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 4.08.06 - SSA Designation * * * * * * * * * * * * * B. SSA Credit Generation - Stewardship Credit System. Stewardship Credits (Credits) are created from any lands within the RLSA District from which one or more Land Use Layers are removed and that are designated as SSAs. Once land is designated as an SSA and Credits or other compensation consistent with Policy 3.8 of the RLSA Overlay is granted to the owner, no increase in density or additional uses not expressly identified in the Stewardship Agreement shall be allowed on such property. A methodology has been adopted in the GMP for the calculation of credits based upon: 1) the Natural Resource Index Value of the land being designated as an SSA, and 2) the number of land use layers being eliminated. * * * * * * * * * * * * * 4. Land Use Layers to be Eliminated. A set of Land Use Layers has been established as part of the Stewardship Credit Worksheet and adopted as the Land Use Matrix set forth below. Each Layer incorporates a number of the permitted or conditional uses allowed under the Baseline Standards. Each Layer listed below has an established credit value (percentage of a base credit) developed during the RLSA Study. At the time of designation application, a landowner wishing to have his/her land designated as an SSA determines how many of the Land Use Layers are to be removed from the designated lands. A Land Use Layer can only be removed in its entirety (all associated activities/land use are removed), and Layers shall be removed sequentially and cumulatively in the order listed below. DRAFT 12/18/23 Page 33 of 61 Words struck through are deleted, words underlined are added * * * * * * * * * * * * * b. Land Use Matrix 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 * * * * * * * * * * * * * Residenti al Land Uses Wireless Ccommunicatio ns towersfacilities (P)(CU) Earth Mining and Processin g Uses Recreation al Uses Agricultur e Group 1 Agricultur e - Support Uses Agricultur e Group 2 Essenti al services (P and CU) * * * * * * * * * * * * * SUBSECTION 3.N. AMENDMENTS TO SECTION 5.05.09 – COMMUNICATIONS TOWERS Section 5.05.09, SSA Designation, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby deleted in its entirety and replaced with text to read as follows: 5.05.09 – Communications Towers Wireless Communication Facilities A. Purpose and intent. The purpose and intent of this section is to regulate the siting, construction, and modification of wireless communication facilities in the unincorporated area of Collier County, to minimize adverse impacts to adjacent and nearby properties and to otherwise protect the public health, safety, and welfare, while accommodating the growing need for wireless communication services. B. Applicability. These regulations are applicable to wireless communication facilities, excluding those of a governmental entity where such facilities are utilized to provide intra-governmental communications not generally available to the public. C. Exemptions. The following are exempt from this Section: 1. Noncommercial freestanding and structure-mounted "receive only" antennas that receive direct broadcast satellite service or video programming services via multi- point distribution services, which are one meter or less in diameter in residential zoning districts and three meters or less in diameter in nonresidential zoning districts. These antennas shall meet all other requirements of the zoning district as set forth in the LDC. DRAFT 12/18/23 Page 34 of 61 Words struck through are deleted, words underlined are added 2. Amateur radio antennas and any tower to support the antenna that is owned and operated by a federally licensed amateur radio station operator used exclusively for noncommercial purposes. 3. Any tower or antenna that is owned, operated, or licensed by the Federal Aviation Administration (FAA) and used exclusively for aircraft navigation (NAVAIDS). 4. Any antenna and any tower to support the antenna, not greater than 35 feet in height, and used exclusively as an accessory use to Essential Services. 5. Wireless communication facilities within County Rights-of-Way as set forth in the Code of Laws and Ordinances, Chapter 110, Article V. Communications Facilities in the County Rights-of-Way. D. Definitions specific to LDC section 5.05.09. 1. Alternative Tower Structure means manmade trees, clock towers, bell towers, steeples, light poles and similar alternative-design mounting structures that accommodate, camouflage, minimize, or conceal the presence of wireless communication facility equipment. This does not include existing structures erected for another primary purpose, but which subsequently have antennas attached to or located within them, without any reconstruction of the original structure. 2. Antenna means a transmitting and/or receiving device mounted on a tower, building, or structure and used in wireless communication services that radiates or captures electromagnetic waves, digital signal, analog signals, and radio frequencies. Antennas include, but are not limited to, directional antennas such as panel and microwave dish antennas, omni-directional antennas such as whips, radar antennas, amateur radio antennas, and satellite earth stations. 3. Rooftop or Building Mounted Facility means an antenna that is attached to an existing non-tower rooftop, structure, or building. The Facility includes all Support Facilities regardless of where they are located with respect to the antennas. 4. Search Radius Area means the limited area certified by the provider’s Radio Frequency Engineer within which the proposed wireless communication facility needs to be located in order to resolve the provider’s coverage and/or capacity issues in the surrounding area. There is not a standard numeric distance for a search radius, but instead the search radius for a particular site depends on many factors including, but not limited to, population to be served, geography, and topography. 5. Support Facilities means any on-site or off-site building, cabinet, or equipment enclosure that houses the electronics, backup power, power generators, and other freestanding equipment associated with the operation of a Wireless Communication Facility. 6. Temporary Wireless Communication Facility means any tower, pole, cell-on- wheels (COW), and/or tower-on-wheels antenna designed for use while a permanent wireless communication facility is under construction or DRAFT 12/18/23 Page 35 of 61 Words struck through are deleted, words underlined are added reconstruction, for a large scale special event or conference, or during a County declared emergency. 7. Tower means a structure that is designed and constructed for the purpose of supporting one or more antennas, including but not limited to guyed towers, lattice towers, monopole towers, or alternative tower structures. Except for the abandonment and financial responsibility provisions contained in this section, the term shall not include a pole-attached antenna. 8. Tower, Guyed means a tower supported by one or more levels of braided or stranded steel guy cables that anchor to the ground. 9. Tower, Lattice means a freestanding and segmentally designed with rectangular or triangular base steel lattices. 10. Tower, Monopole means a single pole that can be a tubular section design or a formed, tapered pole. 11. Wireless Communication Facility (WCF) means any equipment or facility used to provide wireless communication services and may include, but is not limited to, antennas, alternative tower structures, guyed towers, lattice towers, monopoles, rooftop or building mounted facilities, and support facilities. Placing a wireless communication facility on an existing structure does not cause the existing structure to become a wireless communication facility. 12. Wireless Communication Facility Site or Site means the tracts of real property, either owned or leased, on which the wireless communication facility is located. 13. Wireless Communication Services means any personal wireless services as defined in the Federal Telecommunications Act of 1996, including but not limited to cellular, personal communications services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), paging, and similar services that currently exist or that may in the future be developed. E. Table of allowable wireless communication facilities by zoning district. 1. Table 1. identifies the type of wireless communication facility and where it is allowed, either as permitted by right (P) or by Conditional Use (CU) approval. Conditional Uses shall require approval in accordance with the procedures set forth in LDC section 10.08.00. The term “NP” means the tower type is not permitted. Table 1. Allowable wireless communication facilities by zoning district. 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 DRAFT 12/18/23 Page 36 of 61 Words struck through are deleted, words underlined are added 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. 2 See LDC section 5.05.09 H. for additional standards specific to the Estates (E) zoning district. F. Design and development standards. 1. General standards applicable to all types of wireless communication facilities. a. Any new WCF or modification to an existing WCF that requires both a Site Development Plan and building permit review may be processed concurrently but at the applicant’s risk. b. Setbacks. Except as otherwise specified within this section, wireless communication facilities must satisfy the minimum setback requirements of the zoning district as set forth in the LDC, as well as the requirements of this section. c. Security. i. All wireless communication facilities and support facilities shall be secured to prevent public access. DRAFT 12/18/23 Page 37 of 61 Words struck through are deleted, words underlined are added ii. Security lighting to protect on-ground facilities/equipment shall be fully shielded and directed away from neighboring properties. d. Signage. i. Signage must be provided that includes contact information for the WCF. Such signage must be viewable from the outside of the WCF. ii. No commercial signs or advertising shall be allowed. e. Emergency backup generators. An emergency backup generator is required to be operated on each wireless communication facility site. The Site Development Plan shall identity the location and connection for the emergency backup generator. f. Prohibition. No equipment or materials shall be stored or parked on the site of a wireless communications facility unless used in direct support for repairs of a facility. 2. Standards applicable to all towers. a. Co-location of antennas on towers. i. A tower owner shall permit other wireless communication service providers to co-locate facilities on a tower if space and structural capacity exists. However, co-location requirements shall not apply to towers or structures used as power transmission poles or structures owned or operated by Florida Power and Light or other power companies. ii. Towers shall be constructed to accommodate the minimum number of providers required per maximum facility height requirement, as outlined in Table 2. b. Height limitations. Towers shall be subject to the height limitations outlined in Table 2. Table 2. Tower height and co-location. 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 DRAFT 12/18/23 Page 38 of 61 Words struck through are deleted, words underlined are added 1 Lightning rods may exceed the height limitation provided the rods are no greater than 10 feet in length. c. Separation from off-site abutting uses. Towers shall be separated from abutting uses in conformance with the minimum distances specified in Table 3., measured from the outside of the tower base to the property line of the abutting use. Table 3. Tower separation requirements from off-site abutting uses 1 If an alternative tower structure is proposed, separation distances shall be reduced to 50% of tower height. d. Migratory birds and other wildlife considerations. i. Wireless communication facility towers. Each new tower that will exceed a height of 75 feet (above ground), but will not exceed a height of 199 feet above natural grade, shall not be guyed. ii. Bird diverter devices. Each guyed tower greater than 75 feet in height above natural grade, shall have installed and maintained bird diverter devices on each guy wire. iii. Habitat loss. In addition to the requirements in Chapter 3, towers and support facilities shall be designed, sited, and constructed to minimize habitat loss within the WCF site. At such sites, road access and fencing shall be designed and located to minimize on- site and adjacent habitat fragmentation and/or disturbances. e. Design. Towers, excluding alternative tower structures, shall maintain a galvanized gray finish or other approved compatible color, except as required by federal rules or regulations. f. Lighting. i. No signals, lights, or illumination on towers shall be permitted unless required by the Federal Aviation Administration (FAA) or other applicable authority. If lighting is required the by FAA, the 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 DRAFT 12/18/23 Page 39 of 61 Words struck through are deleted, words underlined are added alternatives chosen shall be the least obtrusive to the surrounding community. ii. Site lighting (not required by FAA) shall be elevated less than 20 feet above grade, fully shielded, and directed downward away from neighboring properties. g. Screening. i. Wireless communication facilities shall be screened with a wall or fence. The wall or fence shall be 100 percent opaque with a minimum height of 8 feet and maximum height of 10 feet. The wall or fence shall be designed to ensure that no unauthorized persons can access the facility. Barbed wire is not a permitted material. ii. Equipment cabinets. The overall height of ground-mounted equipment or equipment enclosure shall not exceed 12 feet. h. Landscaping. A minimum 10-foot wide Type A buffer that includes a 3- foot high, continuous hedge planted 3 feet on center along the outside perimeter of the wall or fence shall be required. Tree plantings within the buffer shall be 12 feet in height at time of planting. i. Existing, native vegetation on the subject site can be used to meet these screening requirements. If native vegetation is present but not dense enough to meet the requirements, supplemental landscaping must be used to meet the screening requirements. ii. At the discretion of the County Manager or designee, some or all of these landscape buffering requirements may be displaced to a road right-of-way landscape buffer located within the parcel when it better screens the tower. i. Access and parking. Each wireless communication facility site shall have access from a paved or unpaved driveway or access easement. The driveway shall extend to an appropriate location on the premises to accommodate a vehicle to be parked at the facility for normal maintenance. One parking space shall be provided for each facility, and new towers exceeding 185 feet in height shall require a minimum of two parking spaces. 3. Standards applicable to all rooftop or building mounted facilities. a. Rooftop equipment shall not occupy more than 25 percent of the roof area and shall comply with the exterior building and site design standards. b. Height limitations. i. WCF located on a rooftop, structure, or building with a maximum roofline of 20 feet or greater (measured from the average natural DRAFT 12/18/23 Page 40 of 61 Words struck through are deleted, words underlined are added grade) shall be permitted to have a maximum height of 20 feet above the maximum roofline. ii. WCF located on a building or structure with a maximum roofline less than 20 feet (measured from the average natural grade) shall be permitted to have a maximum height equal to the height of the maximum roofline. iii. WCF that are proposed to exceed the height requirements, as provided herein, may be approved as a deviating component through a Conditional Use request pursuant to LDC section 5.05.09 F.4. Distance from RSF-1 through RSF-6, and RMF-6 zoning districts shall be additional criterion for Conditional Use approval. c. Rooftop mounted facilities shall be set back from the closest outer edge of the roof a distance of not less than 10 percent of the rooftop length and width, but not less than five feet. d. Antenna structures and dish type antennas shall use camouflage techniques that incorporate architectural treatment to conceal or screen their presence from public view through design to unobtrusively blend in aesthetically with the surrounding environment. e. Except for antennas that cannot be seen from street level, such as panel antennas on parapet walls, antennas shall not extend out beyond the vertical plane of any exterior wall. f. The design elements of the building (i.e., parapet wall, screen enclosures, other mechanical equipment) shall be used to screen the wireless communication facility. g. Co-location is not required for rooftop or building mounted facilities. 4. Relief from design and development standards. An applicant requesting a Conditional Use may request a deviation from the design and development standards of this section as part of the Conditional Use request. Criteria for the deviation will be the criteria set forth in LDC section 10.08.00 D. G. Publicly owned property. The applicant of a WCF may proceed at their own risk with the submittal of an application for a WCF located on County-owned lands while the lease agreement is pending; however, no development order shall be issued by the County until such agreement or lease has been fully executed. All terms and provisions of the agreement or lease shall be in a form that is acceptable to the County Attorney, including a release from the County of all liability regarding the WCF. 1. Height limitations for wireless communication facilities on property owned, leased, or otherwise controlled by public entities, including but not limited to federal, state, and/or County entities shall be as follows: a. Facilities that are 185 feet or less in height are a permitted use by right in all zoning districts. DRAFT 12/18/23 Page 41 of 61 Words struck through are deleted, words underlined are added b. Facilities that are greater than 185 feet in height shall require a Conditional Use. c. Facilities utilizing this exemption must meet all separation requirements of LDC section 5.05.09 F.2.c. and Airport Overlay regulations in the LDC. H. Wireless communication facilities in the Estates (E) Zoning District. Wireless communication facilities are allowed on parcels designated in the Urban or Rural Golden Gate Estates Sub-element in the Golden Gate Area Master Plan and are subject to the following: 1. The parcel shall be a minimum 2.25 acres and adjacent to an arterial or collector road. 2. The wireless communication services provider has provided evidence that the service provider's search radius for the tower location requires placement of the tower in the Estates Zoning District to meet its coverage requirements and that the WCF cannot be co-located on an existing tower and provide the same quality service coverage. I. Application requirements in addition to the requirements of LDC section 10.02.00. 1. Supplemental tower application requirements. a. Evidence from a Radio Frequency Engineer that the proposed facilities cannot be installed on another structure in Collier County and shall be located at the proposed site to meet coverage requirements with a composite propagation study illustrating, graphically, existing, and proposed coverage in industry-accepted median received signal ranges. b. If co-location is not available, the applicant shall submit an affidavit stating that the applicant made diligent efforts for permission to install or co- locate the WCF on all existing support structures located within the search radius for the proposed tower. The applicant shall establish in the application that: they are unable to provide service at existing sites nearby; no other existing tower is available (including utility poles); and that no reasonable alternative technology can accommodate the WCF due to one or more of the following factors: i. Insufficient height to allow the WCF to function reasonably in parity with similar facilities; ii. Insufficient structural strength to support the WCF; iii. Insufficient space to allow the WCF to function effectively and reasonably in parity with similar equipment; iv. Resulting electromagnetic interference which cannot reasonably be corrected; DRAFT 12/18/23 Page 42 of 61 Words struck through are deleted, words underlined are added v. Unavailability of a reasonable leasing agreement; and/or vi. Other limiting factors. 2. Supplemental rooftop or building mounted facility application requirements. a. These facilities shall require a Site Development Plan approval, pursuant to LDC subsection 10.02.03 E or F. 3. A copy of each application for a WCF that is greater than 150 feet in height shall be supplied by the applicant to the Collier Mosquito Control District or designee. J. Inspections. 1. All guyed towers exceeding 185 feet in height shall be inspected every three years. All other towers shall be inspected every five years. Each inspection shall be conducted by a qualified professional engineer or other qualified professional inspector, and any inspector-recommended repairs and/or maintenance should be completed without unnecessary delay. At a minimum, each inspection shall include the following: a. Tower structure: Including bolts, loose, or damaged members, and signs of unusual stress or vibration. b. Guy wires and fittings: Check for age, strength, rust, wear, general condition, and any other signs of possible failure. c. Guy anchors and foundations: Assess for cracks in concrete, signs of corrosion, erosion, movement, secure hardware, and general site condition. d. Condition of antennas, transmission lines, lighting, painting, insulators, fencing, grounding, and elevator, if any. e. For guyed towers: Tower vertical alignment and guy wire tension (both required tension and present tension). 2. A copy of each inspection report shall be filed with the County Manager or designee no later than December 1 of the respective inspection year. If the report recommends that repairs or maintenance are required, a letter shall be submitted to the County Manager or designee to verify that such repairs and/or maintenance have been completed. The County shall have no responsibility under this section regarding such repairs and/or maintenance. M. Abandonment. 1. Collier County may require removal of any abandoned or unused wireless communications facility by the owner within 60 calendar days of confirming abandonment. A WCF shall be considered abandoned if use has been discontinued for 180 consecutive calendar days as determined by Collier County. DRAFT 12/18/23 Page 43 of 61 Words struck through are deleted, words underlined are added 2. Where a WCF is abandoned but not removed within the specified timeframe, the County may remove it and place a lien on the property following procedures set forth in the Collier County Code of Laws and Ordinances, Article VI, Sec. 22-245. 3. Where a WCF is utilized for other purposes, including but not limited to lighting standards and power poles, it shall not be considered abandoned if still being maintained in good condition. 4. Where a WCF is removed by an owner, the owner shall restore the area to as good of a condition as prior to the placement of the facility, unless otherwise instructed by Collier County. A. Purpose and intent. This section applies to specified communication towers that support any antenna designed to receive or transmit electromagnetic energy, such as, but not limited to, telephone, television, radio, or microwave transmissions. This section sets standards for construction and facilities siting; and is intended to minimize, where applicable, adverse visual impacts of towers and antennas through careful design, siting, and vegetation screening; to avoid potential damage to adjacent properties from tower failure; to maximize the use of specified new communication towers and, thereby, to minimize the need to construct new towers; to maximize the shared use of specified tower sites to minimize the need for additional tower sites; to lessen impacts new ground mounted towers could have on migratory and other species of birds; to prevent unnecessary habitat fragmentation and/or disturbance in siting and designing new towers; and to consider the concerns of the Collier Mosquito Control District as to low flying mosquito control aircraft safety. B. Definitions unique to communications towers, section 5.05.09. 1. As used herein "antenna" does not include (a) wire antennas or (b) "receive only" dishes that have an outside diameter of less than 40 inches. 2. Effective radius means a radius of 6 miles from the respective tower unless a lesser radius is approved. 3. Lesser effective radius means an approved radius of less than 6 miles. 4. "Unavailable to the applicant" means a tower that cannot accommodate the applicant's proposed antenna or a site that cannot accommodate the applicant's tower, antenna, and related facilities. 5. "Unavailable" means that no additional tower or site capacity is available to anyone. C. Migratory Birds and other Wildlife Considerations. 1. Ground Mounted towers. Except to the extent not feasible for the respective new ground mounted tower's intended purpose(s), each new ground mounted tower that will exceed a height of 75 feet (above ground), exclusive of antennas, but will not exceed a height of 199 feet above natural grade, exclusive of antennas, should not be guyed. If the applicant proposes that a new ground mounted tower within this height range be guyed, the applicant shall have the burden of proving the necessity of guying the tower. DRAFT 12/18/23 Page 44 of 61 Words struck through are deleted, words underlined are added 2. Bird Diverter Devices. Each new ground mounted guyed tower installed on or after February 20, 2004, greater then 75 feet in height above natural grade, exclusive of antennas, shall have installed and maintained bird diverter devices on each guy wire (to reduce injuries to flying birds). 3. Habitat Loss. In addition to the requirements in Chapters 3 and 10, towers and other on-site facilities shall be designed, sited, and constructed to minimize habitat loss within the tower footprint. At such sites, road access and fencing, to the extent feasible, shall be utilized to minimize on-site and adjacent habitat fragmentation and/or disturbances. 4. Security Lighting. When feasible, security lighting to protect on-ground facilities/equipment shall be down-shielded to try to keep such light within the outermost geographic boundaries of the tower's footprint. D. Shared use of towers. A tower with a height in excess of 185 feet above natural grade shall not be approved, unless the applicant demonstrates that no old or approved tower within the effective radius can accommodate the applicant's proposed antenna and ancillary equipment. Towers owned by or leased to any government are exempt from these shared use provisions, except as to sharing with other governments. 1. For the purpose of discovering availability for use of towers within the effective radius, the applicant shall contact the owner of all old and approved towers, within the effective radius, that can possibly accommodate the needs of the applicant. The county manager or designee may preapprove the minimum allowable height to determine which towers may be available for use by the applicant. A list of all owners contacted, the date of each contact, the form and content of each contact, and all responses shall be a part of the conditional use application. As an accommodation to applicants, the county manager or designee shall retain all shared use plans, records of past responses, and a list of old and approved towers. If the owner of an old tower does not respond to the applicant's inquiry within a reasonable time, generally 30 days or less, or the owner of an old tower will not rent space to the applicant at a reasonable rental for a reasonable time period, such old tower shall be deemed unavailable to that applicant. If the old tower is a nonconforming structure, additional antennas may be installed thereon in accordance with an approved shared use plan, provided however, no structural alterations may be made to the tower, and the height of the tower inclusive of its antennas may not be increased. 2. Lesser effective radius. If the applicant asserts that the effective radius for the intended use is less than 6 miles, the applicant shall provide evidence that the asserted lesser effective radius is based on physical and/or electrical characteristics. Based on the evidence submitted by the applicant, the County Manager or designee may establish a lesser effective radius. If a radius can be increased by signal amplification or other means, such means must be considered in determining the lesser effective radius. The antenna manufacturer's specifications shall be conclusive, unless the applicant can prove they are incorrect in the specific case. 3. If an approved tower within the applicant's approved effective radius may have capacity available for the antenna proposed by the applicant, the application for a DRAFT 12/18/23 Page 45 of 61 Words struck through are deleted, words underlined are added new tower shall not be complete without the following information regarding each such possibly available approved tower. Such information shall also be provided for old towers to the extent it can be obtained. Identification of the site of each possibly available tower by coordinates, street address or legal description, existing uses, and tower height. Whether shared use by the applicant of the tower is prohibited (or is not feasible) for any reason. If it has been determined that the tower owner will allow structural changes, whether the tower can accommodate the proposed antenna if reasonable structural changes are made. If so, the applicant shall specify what structural changes would be required and an approximation of the costs of such changes. If the costs of the required changes are financially impracticable, such tower shall be deemed unavailable to the applicant. 4. The applicant shall contact the owner of each possibly available approved tower to request the needed information. To enable the tower owner to respond, the applicant shall provide the following information regarding the applicant's proposed antenna and equipment: a. All output frequencies of transmitter. b. Type of modulation, polarization of radiation, and proposed use of antenna. c. Manufacturer, type, manufacturer's model number, a diagram of the antenna's radiation pattern, and the manufacturer's specifications. d. Power input to antenna and gain of antenna in decibels with respect to an isotopic radiator. e. Range in feet of maximum and minimum height of antenna above base of tower. f. A list of necessary ancillary equipment and description of the type of transmission cable to be used. g. Any other pertinent information needed to enable the owner to respond in full to the inquiry. E. Shared use of tower sites. A tower with a height in excess of 185 feet above natural grade shall not be approved on a new tower site unless the applicant demonstrates that the proposed tower, antennas, and accessory structures or uses cannot be located on any conforming old site or approved site situated within the effective radius. Sites owned by any government or leased to any government are exempt from these shared use provisions except to other governments. 1. Except as to each old site or approved site determined by the County Manager or designee, or in a shared use plan to be unavailable to the applicant, the applicant shall contact the owner of all other conforming old sites and approved tower DRAFT 12/18/23 Page 46 of 61 Words struck through are deleted, words underlined are added sites, within the effective radius, containing sufficient land area to possibly accommodate the needs of the applicant. 2. For each such possibly available tower site, the application for a new tower site shall not be complete without the following information: a. Identification of the proposed new tower site by coordinates, street address or legal description, area, existing uses, topography, and significant natural features. b. Evidence that no old and no approved tower site within the effective radius can accommodate the applicant's needs. c. If the owner of an old tower site does not respond to the applicant's simple letter of interest inquiry within thirty (30) days, or the owner of an old tower site will not rent land to accommodate the applicant's needs for a reasonable period of time at reasonable rentals, such old tower site shall be deemed unavailable to the applicant. d. The applicant is not required to supply this information to owners of conforming old sites unless the old site appears to be available to the applicant by a shared use plan or the site's owner has responded positively to the applicant's initial letter of inquiry. To enable the site owner to respond, the applicant shall provide the site owner (and the owner of any tower on the site) with the dimensional characteristics and other relevant data about the tower, and a report from a professional engineer licensed in the State of Florida, or other qualified expert, documenting the following: e. tower height and design, including technical, engineering, and other pertinent factors governing the intended uses and selection of the proposed design. An elevation and a cross section of the towers tructure shall be included. f. Total anticipated capacity of the tower, including number and types of antennas and needed transmission lines, accessory use needs including specification of all required ancillary equipment, and required building and parking space to accommodate same. g. Evidence of structural integrity of the proposed tower as required by the building official and, for metal towers, a statement promising full compliance with the then latest edition of the standards published by the Electronic Industries Association (currently EIA/TIA 222-E), or its successor functional equivalent, as may be amended for local application. 3. If the site owner, or owner of a tower on the respective site, asserts that the site cannot accommodate the applicant's needs, the respective owner shall specify in meaningful detail reasons why the site cannot accommodate the applicant. To the extent information is current and correct in the respective tower site's approved shared use plan, the site owner or tower owner can refer the applicant to the respective shared use plan. If the shared use plan is not then up-to-date, the plan shall be brought up-to-date immediately by the owner and the written DRAFT 12/18/23 Page 47 of 61 Words struck through are deleted, words underlined are added reply to the applicant shall specify to what extent the shared use plan is incorrect, incomplete, or otherwise not up-to-date. 4. No provision in a shared use plan, land lease, mortgage, option to purchase, lease-option, contract for deed, or other controlling document shall provide, or have the effect, that the site is exclusive to one (1) tower, unless there is good reason for such restriction, other than the prevention of competition or a desire or inclination not to cooperate in good faith. If the site size is physically and electrically compatible with the installation on-site of any other tower, no such document shall prevent other towers, except for reasons approved by the County Manager or designee. An unapproved document provision of tower exclusivity shall be grounds to disapprove an application for tower site approval. F. Required sharing. Each new tower in excess of 185 feet in height (shared use tower), except towers that are approved to be perpetually unavailable, shall be designed to structurally accommodate the maximum amount of additional antenna capacity reasonably practicable. Although it is not required that a new tower be constructed at additional expense to accommodate antennas owned by others, no new tower shall be designed to accommodate only the tower owner's proposed antennas when, without additional expense, antenna space for other owners can be made available on the tower. 1. Shared use plans. Each shared use plan shall be in a standard format that has been approved by the County Manager or designee. Each shared use plan shall specify in detail to what extent there exists tower and/or site capacity to accommodate additional antennas and/or additional towers, ancillary equipment, and accessory uses. Available antenna capacity on a tower shall be stated in detailed clearly understandable terms, and may be stated in equivalent flat plate area and total additional available transmission line capacity. The tower owner (as to tower shared use plans) and the landowner (as to site shared use plans) shall update its respective approved shared use plans by promptly filing pertinent update information with the County Manager or designee. Owners of old towers and/or old sites may file shared use plans in accord with this section. 2. Reservation of capacity. If an applicant for a shared use tower does not plan to install all of its proposed antennas during initial construction of the tower, the applicant must specify the planned schedule of installing such later added antennas as part of the shared use plan. An applicant cannot indefinitely prevent the use of unused available antenna space on a tower by reserving to itself such space. No available space can be reserved for the owner or anyone else, unless approved in the shared use plan. If an antenna is not installed by the scheduled deadline, the reserved space shall automatically be rendered available for use by others, unless the shared use plan has, by the deadline, been amended with the approval of the County Manager or designee. Deadlines may be extended even if the tower is a nonconforming structure. If space has been reserved in a shared use plan for future additional antenna use by the tower owner and it becomes clear that such space will not be utilized by the owner, the shared use plan shall be amended promptly to reflect the availability of such space. 3. Reservation of site capacity. The policy stated above applies also to additional tower space on an approved tower site to prevent indefinite reservation of available site space. DRAFT 12/18/23 Page 48 of 61 Words struck through are deleted, words underlined are added 4. Height bonus for sharing. Notwithstanding anything to the contrary in any County ordinance, any existing conforming or nonconforming tower may be permitted a one-time increase in height, provided: a. Any such increase in height does not exceed thirty (30) feet or twenty (20) percent of the height of the existing tower, whichever is less; b. The cost of such increase in height does not exceed fifty (50) percent of the actual replacement cost of the tower at the time of the application; c. A shared use plan covering the tower with the increased height is first approved by the County Manager or designee; d. The increase in height does not cause the proposed tower to exceed any required maximum height requirement for towers or make a legally conforming tower become nonconforming; e. Substantiated proof that such proposed antenna(s) may not be placed on the existing tower by relocating or adjusting existing antennas and equipment shall be submitted by an appropriate professional engineer certified to practice in the State of Florida; and f. A site development plan shall be submitted for review and approval if an increase in tower height requires placement of, or addition to, an antenna equipment building or support building. 5. Filing shared use plans. Each approved shared use plan shall be filed and recorded in the Office of the Collier County Clerk of Court prior to any site development plan approval. A copy of the initial shared use plan shall be filed with, and approved by, the County Manager or designee prior to conditional use approval. 6. Shared use plans for old towers and old tower sites. Initial shared use plans and amendments for old towers require approval of the County Manager or designee. Initial shared use plans and amendments for old tower sites require approval of the BCC, except where an amendment reduces site and/or antenna capacity. 7. Transmitting and receiving equipment serving similar kinds of uses shall, to the extent reasonable and commercially practicable, be placed on a shared use tower in such a manner that any of the users in a group can operate approximately equal to other users in the group utilizing substantially similar equipment. 8. Once a shared use plan for a tower is approved, additional antennas may be added to that tower in accordance with the approved shared use plan without additional conditional use approval even if the tower is then a nonconforming structure. The shared use plan shall be immediately updated to reflect each such change. Likewise, once a new shared use plan for a tower site is approved, additional towers and accessory buildings and uses may be added to that site in accordance with the plan without additional conditional use approval, even if the site is then nonconforming. The shared use plan shall be immediately updated to reflect each change. DRAFT 12/18/23 Page 49 of 61 Words struck through are deleted, words underlined are added 9. For each tower with a height in excess of 185 feet that is approved, the tower owner shall be required, as a condition of approval, to file an approved shared use plan, except when a government tower is approved to be perpetually unavailable. To the extent that there is capacity for other antennas on the tower, the plan shall commit the tower owner and all successor owners to allow shared use of the tower in accordance with the shared use plan for antennas of others at reasonable rates. The initial proposed rates (or a range of reasonable rates) shall be specified in the shared use plan, and shall be amended each time the rates are changed. When antenna space on a tower is rented to others, each rental agreement shall be filed with the shared use plan. Any agreement that purports to reserve antenna space for future use must be approved by the County Manager or designee. 10. For each new shared use tower site that is approved, the owner shall be required, as a condition of approval, to file an approved shared use plan, except as to a government site that is approved to be perpetually unavailable. If there is land available on the site to accommodate additional towers and accessory facilities, the plan shall commit the landowner and successor owners to accommodate such additional facilities on the site at reasonable rents (or a range of reasonable rents) which shall be specified in the shared use plan. When land is rented for facilities on the site, the rental agreement shall be filed with the shared use plan. Any agreement that purports to reserve land for future use of a tower and other facility space must be approved by the County Manager or designee. 11. Each new tower owner or site owner, as the case may be, shall agree, as a condition of approval, to respond, in writing, in a comprehensive manner within thirty (30 days) to each request for information from a potential shared use applicant. Government owners need to reply only to requests from another government. To the extent that correct and up-to-date information is contained in an approved shared use plan, the owner may refer the applicant to the shared use plan for the information. If the shared use plan is incorrect, incomplete, or otherwise not up-to-date, the respective owner shall, in the response, specify, in detail, such information, and shall immediately bring the shared use plan up-to- date. 12. The tower owner or site owner, as the case may be, shall, as a condition of approval, negotiate in good faith for shared use of tower space and/or site space by applicants in accordance with its shared use plan. 13. All conditions of approval regarding a tower shall run with the ownership of the tower and be binding on all subsequent owners of the tower. All conditions of approval regarding an approved tower site shall run with the land and be binding on all subsequent owners of the tower site. G. Development standards for communication towers. 1. Except to the extent that amateur radio towers, and ground-mounted antennas with a height not to exceed twenty (20) feet, are exempted by subsection 5.05.09 herein, no new tower of any height shall be permitted in the RSF-1 through RSF- 6, RMF-6, VR, MH, TTRVC, and E zoning districts. However, notwithstanding DRAFT 12/18/23 Page 50 of 61 Words struck through are deleted, words underlined are added other provisions of this section, including the separation requirements of subsection 5.05.09 G.7. below, towers may be allowed to any height as a conditional use in the Estate (E) zoning district only on parcels designated as Urban or Rural Golden Gate Estates Sub-Element in the Golden Gate Area Master Plan or sites approved for a specified essential service listed in subsection 5.05.09 G.3. below. There shall be no exception to this subsection except for conditional use applications by a government for a governmental use. 2. Permitted ground-mounted towers. Towers not exceeding the stated maximum heights are a permitted use, subject to other applicable provisions of this section, including separate requirements and shared use provisions. towers that exceed those specified maximum heights require a variance in accordance with section 9.04.00. a. All commercial and industrial zoning districts and urban designated area agricultural zoning districts: Any tower up to seventy-five (75) feet in height is a permitted use, provided the base of such tower is separated a minimum distance of seventy-five (75) feet from the nearest boundary with any parcel of land zoned RSF-1 through RSF-6, RMF-6, E, RMF-12, RMF-16, RT, VR, MH, TTRVC, or PUD permitting six (6) residential dwelling units or less. Any tower that exceeds seventy-five (75) feet in height, up to a height of 185 feet, is a lawful use, only if permitted or otherwise provided in the respective zoning district, and the base of such tower is separated from the nearest boundary of any parcel of land zoned RSF-1 through RSF-6, RMF-6, E, RMF-12, RMF-16, RT, VR, MH, TTRVC, or PUD zoning of six (6) residential dwelling units or less, by a minimum distance in feet determined by multiplying the height of the tower (in feet) by a factor of two and one-half (2.5). (The minimum separation distance is two and one-half (2 ½) times the height of the tower.) towers which do not meet the separation requirement may apply for a variance in accordance with section 9.04.00. b. Agricultural zoning districts within the rural designated area: Towers shall not exceed 250 feet in height. c. All agricultural zoning districts: No tower that exceeds 250 feet in height exclusive, of any antenna affixed thereto, shall be allowed on any site comprising less than ten (10) acres under common ownership or control, except such towers can be approved as a conditional use on sites of less than ten (10) acres if the applicant cannot, with economic feasibility, acquire title to, or control of, a suitable tower site of at least ten (10) acres in the required geographic vicinity of the proposed tower site. 3. Essential services—Specified conditional uses Except in the RSF-1 through RSF-6, and RMF-6 zoning districts, towers may be allowed to any height as a conditional use on sites approved for a conditional use essential service for any of the following conditional uses: safety service facilities including, but not necessarily limited to, fire stations, sheriff's substation or facility, emergency medical services facility, and all other similar uses where a communications tower could be considered an accessory or logically associated use with the safety service conditional use on the site. In addition, communications towers can be approved as a conditional use for a stand-alone essential service facility, DRAFT 12/18/23 Page 51 of 61 Words struck through are deleted, words underlined are added provided the tower is to be owned by, or to be leased to, a governmental entity, and the primary uses of the tower are for governmental purposes. 4. New towers shall be installed only on rooftops in the RMF-12, RMF-16, and RT zoning districts, except amateur radio towers with a height not to exceed seventy-five (75) feet above the natural grade, and ground-mounted antennas with a height not to exceed twenty (20) feet above the natural grade, are permitted within these zoning districts. 5. Ground-mounted monopole communication towers up to 150 feet in height above the natural grade, including antennas affixed thereto, may be allowed as a conditional use within these zoning districts. The height of each monopole communication tower shall be limited to the height necessary for its use at its location. 6. Rooftop towers, antenna structures, and antennas. a. Rooftop towers, antenna structures, and antennas are allowed in all zoning districts except the RSF-1 through RSF-6, RMF-6, and E zoning districts. b. Rooftop towers, antenna structures, and antennas are, as specified, subject to the following: i. Permitted uses. Rooftop antenna structures and antennas are a permitted use up to a height of twenty (20) feet above the maximum roofline, provided the height of the maximum roofline is twenty (20) feet or more above the average natural grade. If the maximum roofline is less than twenty (20) feet above the average natural grade, an antenna structure and/or antenna is a permitted use up to a height that equals the distance from the average natural grade to the maximum roofline. For example, if the distance from the average natural grade to the maximum point of the roofline is fifteen (15) feet, an antenna structure and/or antenna is a permitted use up to a height of fifteen (15) feet above the maximum roofline. Any antenna structure, tower, or antenna that exceeds its permitted use height, as provided herein, shall require conditional use approval, and the maximum allowable height of the structure, tower, and all antennas shall be determined in each specific case. Distance from RSF-1 through RSF-6, and RMF-6 zoning districts shall be a major consideration in determining the allowable height of rooftop facilities. ii. Towers and antenna structures shall be set back from the closest outer edge of the roof a distance of not less than ten (10) percent of the rooftop length and width, but not less than five (5) feet, if the antenna can function at the resulting location. iii. Antenna structures and dish type antennas shall be painted to make them unobtrusive. DRAFT 12/18/23 Page 52 of 61 Words struck through are deleted, words underlined are added iv. Except for antennas that cannot be seen from street level, such as panel antennas on parapet walls, antennas shall not extend out beyond the vertical plane of any exterior wall. v. Where technically feasible, dish type antennas shall be constructed of open mesh design. vi. Where feasible, the design elements of the building (i.e., parapet wall, screen enclosures, other mechanical equipment) shall be used to screen the communications tower, structure, and antennas. vii. The building and roof shall be capable of supporting the roof- mounted antenna, structure, and tower. i. No rooftop shall be considered a tower site. This section does not require any sharing of any rooftop, rooftop tower, or antenna structure. 7. With the exception of rooftop towers and towers on essential services sites, each new communication tower shall meet the following separation requirements: a. Each new tower that exceeds 185 feet in height shall be located not less than two and one-half (2.5) times the height of the tower from all RSF-1 through RSF-6, and RMF-6 zoning districts, including PUDs where the adjacent use(s) is/are, or comparable to, the RSF-1 through RSF-6 and RMF-6 zoning districts. If a part of a PUD is not developed, and it is inconclusive whether the part of a PUD area within such minimum separation distance from the proposed tower site may be developed with a density of six (6) units per acre or less, it shall be presumed that the PUD area nearest to the proposed site will be developed at the lowest density possible under the respective PUD. b. In addition, each such new tower that exceeds a height of seventy-five (75) feet, excluding antennas, shall be separated from all boundaries of surrounding property zoned RMF-12, RMF-16, E, RT, VR, MH, TTRVC, H, and the residential areas of PUDs with existing or planned densities greater than six (6) units per acre by not less than the total height of the tower including its antennas; and from all other surrounding property boundaries by a distance not less than one-half (½) the height of the tower and its antennas, or the tower's certified collapse area, whichever distance is greater. c. Communication towers in the Estate (E) zoning district shall be separated from residentially zoned properties as follows: i. New towers up to 75 feet in height shall be located not less than the total height of the tower and antennas from all residentially zoned properties. 8. ii. New towers over 75 feet in height shall be located not less than two and one-half times the height of the tower and antennas, or the certified collapse area, whichever distance is greater, from all residentially zoned properties. DRAFT 12/18/23 Page 53 of 61 Words struck through are deleted, words underlined are added 9. All owners of approved towers are jointly and severally liable and responsible for any damage caused to off-site property as a result of a collapse of any tower owned by them. 10. Placement of more than one (1) tower on a land site is preferred and encouraged, and may be permitted, provided, however, that all setbacks, design, and landscape requirements are met as to each tower. structures may be located as close to each other as technically feasible, provided tower failure characteristics of the towers on the site will not likely result in multiple tower failures in the event that one (1) tower fails, or will not otherwise present an unacceptable risk to any other tower on the site. It shall be the policy of the County to make suitable County-owned land available for towers and ancillary facilities at reasonable rents. 11. Any accessory buildings or structures shall meet the minimum yard requirements for the respective zoning district. accessory uses shall not include offices, long- term vehicle storage, outdoor storage, broadcast studios except for temporary emergency purposes, or other structures and/or uses that are not needed to send or receive transmissions, and in no event shall such uses exceed twenty- five (25) percent of the floor area used for transmission or reception equipment and functions. Transmission equipment shall be automated, to the greatest extent economically feasible, to reduce traffic and congestion. Where the site abuts, or has access to, a collector street, access for motor vehicles shall be limited to the collector street. All equipment shall comply with the then applicable noise standards. 12. For new commercial towers exceeding 185 feet in height, a minimum of two (2) parking spaces shall be provided on each site. An additional parking space for each two (2) employees shall be provided at facilities which require on-site personnel. Facilities which do not require on-site personnel may utilize impervious parking. 13. All new tower bases, guy anchors, outdoor equipment, accessory buildings, and accessory structures shall be fenced. This provision does not apply to amateur radio towers, or to ground-mounted antennas that do not exceed twenty (20) feet above grade. 13. Tower lighting. Towers and antennas with a height greater than 150 feet shall be required to have red beacon or dual mode lights, unless exempted, in writing, by the Collier County Mosquito Control District. Such lights shall meet the then existing Federal Aviation Administration ("FAA") technical standards. No other towers or antennas shall be artificially lighted, except as required by the FAA, the Federal Communications Commission, or other applicable laws, ordinances, or regulations. If the FAA rules require lighting, then the applicant shall comply with such rules. New towers exceeding 199 feet. Each new tower that will have a height in excess of one hundred and ninety-nine (199) feet above ground, exclusive of antennas, and such tower shall be lighted no more than is otherwise required by state DRAFT 12/18/23 Page 54 of 61 Words struck through are deleted, words underlined are added and/or federal law, rule, or regulation. Unless otherwise then required by law, rule or regulation, only white strobe lights shall be used at night, unless otherwise required by the FAA, in which case red strobe-type lights shall be used. Such lights shall not exceed the minimum number, minimum intensity, and minimum light flashes per interval of time (requiring the longest allowable duration between light flashes) required by state or federal law, rule, or regulation. Solid red (or pulsating red) warning lights shall not be used at night. 14. All guyed towers exceeding 185 feet in height shall be inspected every three (3) years. Self-supporting towers shall be inspected every five (5) years. Each inspection shall be conducted by a qualified professional engineer or other qualified professional inspector, and any inspector-recommended repairs and/or maintenance should be completed without unnecessary delay. At a minimum, each inspection shall include the following: a. Tower structure: Including bolts, loose or damaged members, and signs of unusual stress or vibration. b. Guy wires and fittings: Check for age, strength, rust, wear, general condition, and any other signs of possible failure. c. Guy anchors and foundations: Assess for cracks in concrete, signs of corrosion, erosion, movement, secure hardware, and general site condition. d. Condition of antennas, transmission lines, lighting, painting, insulators, fencing, grounding, and elevator, if any. e. For guyed towers: Tower vertical alignment and guy wire tension (both required tension and present tension). 15. A copy of each inspection report shall be filed with the County Manager not later than December 1 of the respective inspection year. If the report recommends that repairs or maintenance are required, a letter shall be submitted to the County Manager to verify that such repairs and/or maintenance have been completed. The County shall have no responsibility under this section regarding such repairs and/or maintenance. 16. Any tower that is voluntarily not used for communications for a period of one (1) year shall be removed at the tower owner's expense. If a tower is not removed within three (3) months after one (1) year of such voluntary non-use, the County may obtain authorization, from a court of competent jurisdiction, to remove the tower and accessory items, and, after removal, shall place a lien on the subject property for all direct and indirect costs incurred in dismantling and disposal of the tower and accessory items, plus court costs and attorney's fees. 17. For all ground-mounted guyed towers in excess of seventy-five (75) feet in height, the site shall be of a size and shape sufficient to provide the minimum yard requirements of that zoning district between each guy anchor and all property lines. DRAFT 12/18/23 Page 55 of 61 Words struck through are deleted, words underlined are added 18. All new metal towers, including rooftop towers, except amateur radio towers, shall comply with the standards of the then latest edition published by the Electric Industries Association (currently EIA/TIA 222-E) or the publication's successor functional equivalent, unless amended for local application by resolution of the BCC. Each new amateur radio tower with a height of seventy-five (75) feet or less shall require a building permit specifying the exact location and the height of the tower exclusive of antennas. Each new ground-mounted dish type antenna that does not exceed a height of twenty (20) feet shall require a building permit. 19. Within the proposed tower's effective radius, information that specifies the tower's physical location, in respect to public parks, designated historic buildings or districts, areas of critical concern, and conservation areas, shall be submitted as part of the conditional use application. This shall also apply to site plan applications and/or permit applications for rooftop installations that do not require conditional use approval. 20. No communication tower shall be located on any land or water if such location thereon creates, or has the potential to create, harm to the site as a source of biological productivity, as indispensable components of various hydrologic regimes, or as irreplaceable and critical habitat for native species of flora or fauna. 21. Any existing native vegetation on the site shall be preserved and used to meet the minimum landscape requirements as required by section 4.06.00. The site plan shall show existing significant vegetation to be removed and vegetation to be replanted to replace that lost. native vegetation may constitute part or all of the required buffer area if its opacity exceeds eighty (80) percent. 22. As to communications towers and antennas, including rooftop towers, antenna structures, and antennas, the height provisions of this section supersede all other height limitations specified in this Code. 23. All existing and proposed ground mounted and rooftop towers and antennas with a height greater than 150 feet shall be required to have a solid red beacon or dual mode lights unless exempted in writing by the Collier Mosquito Control District. Such lights shall meet the then existing Federal Aviation Administration (FAA) technical standards. The total structure height shall include all appendages and attachments, such as antennas, lights, lightening rods, or any other accessory device that would extend the height of the tower. All existing towers shall have six months (180 days) from June 16, 2005, to comply with the requirement. If the FAA rules require lighting, then the applicant shall comply with such rules. 24. A copy of each application for a tower in excess of 150 feet shall be supplied by the applicant to the Collier Mosquito Control District or designee. 25. Communication towers in the Estates (E) Zoning District. Communication towers are allowed on parcels designated as Urban or Rural Golden Gate Estates Sub-element in the Golden Gate Area Master Plan and are subject to the following: DRAFT 12/18/23 Page 56 of 61 Words struck through are deleted, words underlined are added a. The parcel is a minimum 2.25 acres and adjacent to an arterial or collector road. b. The communications provider has provided evidence that the communication provider's search radius for tower placement requires placement of the tower in the Estates Zoning District to meet its coverage requirements and the tower cannot be co-located on an existing tower and provide the same service coverage. c. All security and site lighting shall be less than 20 feet above grade, fully shielded, and directed away from neighboring properties. d. Fencing height and landscaping. The required perimeter wall or fence height shall be a minimum of eight feet from finished grade of base supporting structure and no greater than 10 feet. A minimum 15 feet landscape Type B buffer along the perimeter of wall or fence is required and tree plantings within the buffer shall be 12 feet tall at time of planting. e. Equipment cabinets. Overall height of ground-mounted equipment or equipment enclosure shall not exceed 12 feet. H. Alligator Alley communication towers. 1. Notwithstanding other provisions of section 5.05.09, and irrespective of the zoning classification(s) of the underlying fee at each respective tower site, two (2) new communication towers shall be permitted at locations and heights herein specified within the I-75 right-of-way east of the toll booth (Alligator Alley). Two (2) of the four (4) towers shall be constructed to replace two (2) existing Florida Department of Transportation towers. The four (4) new telecommunication tower sites shall be located approximately at: a. Mile marker 52.2. The height of the tower shall not exceed 250 feet, including antennas; b. Mile marker 92.6 (Everglades Blvd). The height shall not exceed 250 feet, including antennas; c. The site of an existing FDOT tower located on State Road 29. The height shall not exceed 310 feet, including antennas; The site of an existing FDOT tower located at mile marker 63.2 at the I-75 Rest Area. It will replace an existing tower located on the north side of I-75 d. at mile marker 63.3. The height shall not exceed 280 feet, including antennas; e. Each tower shall be constructed with a capacity to provide for a minimum of four (4) to eight (8) co-users, including Florida Department of Transportation ("FDOT"), the U.S. Fish and Wildlife Service ("FWS"), the National Park Service ("NPS"), the Department of Forestry ("DOF"), and County agencies, where practical. DRAFT 12/18/23 Page 57 of 61 Words struck through are deleted, words underlined are added 2. Each tower shall be constructed in accordance with the standards and requirements of section 5.05.09 and other applicable sections of this Code, except as expressly provided otherwise in this section. 3. Minimum yard requirements. There shall be no minimum yard requirement for these towers at these locations because each tower and all ancillary facilities must be contained within the I-75 right-of-way, and each proposed tower must maintain a separation distance from all adjacent residential property lines equal to one-half (½) of the tower's height or equal to a Florida professional engineer's certified collapse area (fall zone), whichever is greater, or a clear zone is maintained on adjoining property by a use easement applicable to such adjoining property owner. No habitable residential or non-residential structure, including offices, shall be allowed within any certified collapse area (fall zone) for any of these towers. 4. Access. Physical access to each tower site shall be as approved by FDOT. 5. Parking. Sufficient unpaved area shall be provided on, or adjacent to, each tower site to accommodate temporary parking for one (1) vehicle for servicing or maintaining the communication tower. 6. Landscape buffer. A landscape buffer no less than ten (10) feet wide with trees planted twenty-five (25) feet on center shall be developed and maintained around the perimeter of each tower site and other related equipment, structures, and buildings. This buffer shall encompass all structures including the tower base. At least one (1) row of native vegetation shall be planted within the buffer to form a continuous hedge of at least three (3) feet in height at planting. The buffer must be maintained in good condition. This landscape buffer may be waived by the County Manager or designee where the buffer is not practical due to public safety concerns. 7. A site development plan and construction plans shall be submitted to the County Manager or designee for review and approval prior to any construction of any such tower. No changes, additions, or alterations may be made to any approved site development plan or construction plans for any such tower without County approval. 8. Tower lighting. In addition to the requirements for tower lights specified in section 5.05.09 of this Code, towers located in the Big Cypress Preserve and the Florida Panther National Wildlife Preserve shall be lighted in accordance with the USFWS guidance system requirements for tower lighting. 9. Notwithstanding any other provision in this Code, and notwithstanding the underlying zoning of the respective tower site, subject to the following, the communication towers and accessory facilities ("facilities") listed above, and all such future facilities, are lawful uses, if located within the confines of the I-75 right-of-way east of the Alligator Alley toll booth to the eastern boundary of Collier County. 10. The tower and related facilities shall be subject to conditional use approval whenever the tower is to exceed a height of twenty (20) feet. Towers that are to DRAFT 12/18/23 Page 58 of 61 Words struck through are deleted, words underlined are added be twenty (20) feet or less in height require only building permit approval from the County. a. As all such facilities must be located within the I-75 right-of-way, the facilities must be subject to approval from the owner of that right-of-way, including such conditions as may be required by that owner. The owner of said right-of-way is the State of Florida, by and through the Florida Department of Transportation. b. The facilities must be owned by, or leased to, a governmental entity. The primary uses of the facilities shall be governmental uses. Private uses of the facilities, if any, shall always be incidental and subordinate to the governmental uses. c. Notwithstanding any other provision in section 5.05.09, the facilities shall be subject to the tower sharing requirements of section 5.05.09 if the tower is to exceed a height of 120 feet, unless the tower is a monopole. If the tower is to be used only for governmental uses, the tower need be shared only with other governmental entities. If the tower is to be occupied by an antenna under control of a non-governmental occupant of the tower and is to be used for any non-governmental use(s), the tower sharing requirements that apply to non-government occupants shall be adhered to as a prerequisite to occupancy of the tower. I. Wireless emergency telephone service. Notwithstanding any other provisions of this section 5.05.09, the following provisions shall apply to communications towers that provide wireless emergency telephone service. 1. These facilities are essential services. 2. Each applicant for these permits is required to clearly inform County staff by means of an emboldened "notice" in a cover letter or on the first page of the permit application, substantially as follows: This Application is subject to the expedited timelines specified in Chapter 365.172, Florida Statutes. 3. Applicants for these permits need not provide staff with evidence that a proposed wireless communications facility complies with federal regulations, but staff may require from such applicant proof of proper FCC licensure, and staff may request the FCC to provide information as to the provider's compliance with federal regulations to the extent then authorized by federal law. The County has no permitting jurisdiction with regard to wireless communications facilities located (or to be located) on property owned by the State of Florida, including State-owned rights-of-way. 4. Co-located facilities. Provided the then existing zoning applicable to the proposed site allows E911 facilities without a need to rezone, a need to obtain conditional use approval, or any other required process (such as, for example, having an agreement amended), the County shall grant or deny a properly completed application requesting co-location of E911 Service, or co-location for wireless telephone service, not later then forty-five (45) business days after the date that a properly completed application is initially submitted to staff in accordance with all applicable permit application requirements in this section 5.05.09. Co-location of DRAFT 12/18/23 Page 59 of 61 Words struck through are deleted, words underlined are added such facilities on a then existing above-ground tower or other above-ground structure shall not be subject to the land development regulations pursuant to Section 163.3202, Florida Statutes, provided the height of the then existing tower or structure is not thereby increased. Co-location of such antenna, or co-location of related equipment, shall be subject to applicable building regulations, and with all then existing permits or agreements applicable to that tower or to the underlying property. Nothing herein, including the forty-five (45) business days timeline, shall relieve the permit holder for, or owner of, the then existing tower or structure from complying with applicable permit requirements, or applicable agreement(s), or with applicable land development regulation (including aesthetic requirement), or compliance with any other then applicable law(s). 5. New towers or antennas. Pursuant to Section 365.172, Florida Statutes, the County shall grant or deny an application requesting location of a new wireless telephone service tower, or for location of antenna(s) for wireless telephone service, not later then ninety (90) business days after the date that an application that fully complies with the requirements of this section 5.05.09 is submitted, provided the then existing zoning applicable to the proposed site allows the E911 facilities without need to rezone, the need to apply for conditional use approval, or other required procedures. Provided further that nothing herein shall affect permit compliance of such facilities with applicable federal regulations, applicable zoning and/or land development regulations (including aesthetic requirements), or with applicable building regulations. 6. Sufficiency notice. Within twenty (20) business days of receiving the permit application for any facility listed above in paragraphs (4) and (5) above, staff shall in writing notify the permit applicant whether the application is, or is not, properly completed. If such permit application is not properly completed, staff shall with specificity notify the applicant of any and all deficiencies, which if cured will thereby render the application being properly completed. Staff should also notify the applicant whether the applicable zoning classification allows the applied-for use(s) without rezoning, without conditional use approval, or without any other related ancillary approval process or permission. 7. Default approval. a. An application for E911 service, co-location of wireless telephone service, or new location for wireless telephone service or antennae shall be deemed to have been automatically granted provided that: i. Such service or facility is allowed in the applicable zoning district without a rezone, without the need to apply for a conditional use, or without the need to apply for some other permit; ii. The County fails to either grant or deny the applied-for permit within the time frames set forth in paragraphs (4) and (5) above, as applicable; and iii. The applicant has not agreed to an extension of time, as provided in paragraph (8) below. DRAFT 12/18/23 Page 60 of 61 Words struck through are deleted, words underlined are added b. However, the applied-for permit shall not be deemed granted if final action requires action by the BCC, but such action is prevented due to emergency conditions beyond the County's control. In such instance, the time for final action on the application shall be extended until the next regularly scheduled meeting of the BCC. The permit shall be deemed to be granted if the BCC fails to take final action at that time. 8. Waiver. Extensions of the above-described applicable timelines (deadlines) shall not be effective except to the extent voluntarily agreed to by the permit applicant. Narrow exception: a one-time timeline waiver may be required if there then exists an emergency that directly affects the administration of all of the County's communications tower permitting activities which had been formally declared by the County, by the State of Florida, or by the federal government. SECTION FOUR: CONFLICT AND SEVERABILITY In the event that any provisions of this ordinance should result in an unresolved conflict with the provisions of the Land Development Code (LDC) or Growth Management Plan (GMP), the applicable provisions of the LDC or GMP shall prevail. In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION FIVE: INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE The provisions of this Ordinance shall become and be made a part of the Land Development Code of Collier County, Florida. The sections of the Ordinance may be renumbered or re-lettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION SIX: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Florida Department of State. DRAFT 12/18/23 Page 61 of 61 Words struck through are deleted, words underlined are added PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this ___ day of ________________, 2024. ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, CLERK OF COLLIER COUNTY, FLORIDA By:__________________________ By:________________________________ , Deputy Clerk Chris Hall, Chairman Approved as to form and legality: __________________________ Heidi F. Ashton-Cicko Managing Assistant County Attorney 04-CMD-01077/____ (__/__/__) 23-LDS-00284/86 (__/__/__) 1 G:\LDC AMENDMENTS\ADVISORY BOARDS AND PUBLIC HEARINGS\BCC\2024\01-23\MATERIALS\PL20230013966 - WCF LDCA (12-14-2023).DOCX LAND DEVELOPMENT CODE AMENDMENT PETITION PL20230013966 SUMMARY OF AMENDMENT This amendment introduces comprehensive updates to the current provisions in the Land Development Code (LDC) related to 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 01/23/2023 12/12/2023 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 Approval with recommendations 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; providing definitions and establishing regulations for the various wireless communication facility 2 G:\LDC AMENDMENTS\ADVISORY BOARDS AND PUBLIC HEARINGS\BCC\2024\01-23\MATERIALS\PL20230013966 - WCF LDCA (12-14-2023).DOCX 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). CCPC Recommendation: On December 7, 2023, the CCPC recommended approval of the LDC amendment, contingent upon supporting staff’s request to retain two existing provisions from the LDC, as follows: 1. Modify LDC section 5.05.09 I., to include a requirement for all applications for proposed WCF that are greater than 150 feet in height to be sent to the Collier Mosquito Control District for their notification (page 41, line 37). 2. Modify LDC section 5.05.09 J., to include a requirement for inspection reports to be submitted to the County (page 42, line 17). 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. 3 G:\LDC AMENDMENTS\ADVISORY BOARDS AND PUBLIC HEARINGS\BCC\2024\01-23\MATERIALS\PL20230013966 - WCF LDCA (12-14- 2023).DOCX Amend the LDC as follows: 1 1.08.02 – Definitions 2 3 Monopole communications tower: A commercial vertical single tubular self-supporting 4 tower for nonparabolic antennas with small effective radii. 5 6 Wireless communication facilities: See all related definitions in LDC section 5.05.09. 7 8 * * * * * * * * * * * * * 9 # # # # # # # # # # # # # 10 11 2.01.03 - Essential Services 12 13 * * * * * * * * * * * * * 14 15 A. The following uses shall be deemed permitted uses in all zoning districts, except CON 16 districts, RFMU sending lands, NRPAS, HSAS, and FSAS: 17 18 * * * * * * * * * * * * * 19 20 4. Wireless communication facilities Communication towers, limited to those 21 providing wireless emergency telephone service, subject to all applicable 22 provisions in section 5.05.09 of this Code. 23 24 54. Electrical transmission and distribution lines, substations, and emergency 25 power structures; 26 27 -Remainder of list to be renumbered accordingly- 28 29 98. Conservation Collier lands which provide for permitted nondestructive, passive 30 natural resource based recreational and educational activities, exclusive of major 31 improvements. Permitted minor improvements shall be limited to one (1) ground 32 sign, not to exceed eight (8) feet in height with a maximum sign area of thirty-two 33 (32) square feet; a parking area, not to exceed twenty (20) parking spaces; hiking 34 trails; a fully accessible trail or trail section; educational kiosks not to exceed one 35 hundred (100) square feet; and public restroom facilities not to exceed five hundred 36 (500) square feet. The provisions for Conservation Collier lands in this Code do 37 not affect the underlying zoning districts or land use designations in any district 38 where Conservation Collier lands are established. Such that no expansion or 39 diminution of the various zoning district permitted uses is intended or implied by 40 these provisions, except as stated above with respect to minor improvements. Oil 41 and gas exploration as defined and regulated in this Code remains a permitted use 42 on or beneath Conservation Collier lands established in any zoning district 43 providing for oil and gas exploration as a permitted use pursuant to 44 subsection 2.03.09 B.1.a.viii. 45 46 * * * * * * * * * * * * * 47 4 G:\LDC AMENDMENTS\ADVISORY BOARDS AND PUBLIC HEARINGS\BCC\2024\01-23\MATERIALS\PL20230013966 - WCF LDCA (12-14- 2023).DOCX 1 H. Wireless communication facilities, limited to those providing wireless emergency 2 telephone service, are considered an essential service and shall be permitted and subject 3 to all applicable provisions in LDC section 5.05.09. 4 5 * * * * * * * * * * * * * 6 # # # # # # # # # # # # # 7 8 2.03.01 - Agricultural Districts. 9 10 A. Rural Agricultural District (A). The purpose and intent of the rural agricultural district (A) is 11 to provide lands for agricultural, pastoral, and rural land uses by accommodating 12 traditional agricultural, agricultural related activities and facilities, support facilities related 13 to agricultural needs, and conservation uses. Uses that are generally considered 14 compatible to agricultural uses that would not endanger or damage the agricultural, 15 environmental, potable water, or wildlife resources of the County, are permissible as 16 conditional uses in the A district. The A district corresponds to and implements the 17 Agricultural/Rural land use designation on the future land use map of the Collier County 18 GMP, and in some instances, may occur in the designated urban area. The maximum 19 density permissible in the rural agricultural district within the urban mixed use district shall 20 be guided, in part, by the density rating system contained in the future land use element 21 of the GMP. The maximum density permissible or permitted in A district shall not exceed 22 the density permissible under the density rating system. The maximum density permissible 23 in the A district within the agricultural/rural district of the futur e land use element of the 24 Collier County GMP shall be consistent with and not exceed the density permissible or 25 permitted under the agricultural/rural district of the future land use element. 26 27 1. The following subsections identify the uses that are permissible by right and the 28 uses that are allowable as accessory or conditional uses in the rural agricultural 29 district (A). 30 31 a. Permitted uses. 32 33 * * * * * * * * * * * * * 34 7. Family care facilities, subject to section 5.05.04. 35 36 8. Communications towers up to specified height Wireless 37 communication facilities, subject to LDC section 5.05.09. 38 39 9. Essential services, as set forth in section 2.01.03. 40 41 * * * * * * * * * * * * * 42 43 c. Conditional uses. The following uses are permitted as conditional uses in 44 the rural agricultural district (A), subject to the standards and procedures 45 established in LDC section 10.08.00 and the Administrative Code. 46 47 * * * * * * * * * * * * * 48 5 G:\LDC AMENDMENTS\ADVISORY BOARDS AND PUBLIC HEARINGS\BCC\2024\01-23\MATERIALS\PL20230013966 - WCF LDCA (12-14- 2023).DOCX 1 12. Collection and transfer sites for resource recovery. 2 3 13. Communication towers above specified height, subject to section 4 5.05.09. 5 6 143. Social and fraternal organizations. 7 8 -Remainder of list to be renumbered accordingly- 9 10 287. Ancillary plants. 11 12 * * * * * * * * * * * * * 13 14 B. Estate District (E). The purpose and intent of the estates district (E) is to provide lands for 15 low density residential development in a semi-rural to rural environment, with limited 16 agricultural activities. In addition to low density residential development with limited 17 agricultural activities, the E district is also designed to accommodate as conditional uses, 18 development that provides services for and is compatible with the low density residential, 19 semi-rural and rural character of the E district. The E district corresponds to and 20 implements the estates land use designation on the future land use map of the Collier 21 County GMP, although, in limited instances, it may occur outside of the estates land use 22 designation. The maximum density permissible in the E district shall be consistent with 23 and not exceed the density permissible or permitted under the estates district of the future 24 land use element of the Collier County GMP as provided under the Golden Gate Master 25 Plan. 26 27 1. The following subsections identify the uses that are permissible by right and the 28 uses that are allowable as accessory or conditional uses in the estates district (E). 29 30 * * * * * * * * * * * * * 31 32 c. Conditional uses. For Estates zoning within the Golden Gate Estates 33 subdivision, the Golden Gate Area Master Plan in the GMP restricts the 34 location of conditional uses. The following uses are permissible as 35 conditional uses in the estates district (E), subject to the standards and 36 procedures established in LDC section 10.08.00: 37 38 * * * * * * * * * * * * * 39 40 11. Public schools without an agreement with Collier County, as 41 described in LDC section 5.05.14. Additional standards in LDC 42 section 5.05.14 shall also apply. 43 44 12. Communication towers up to specified heights Wireless 45 communication facilities, subject to LDC section 5.05.09. 46 47 * * * * * * * * * * * * * 48 6 G:\LDC AMENDMENTS\ADVISORY BOARDS AND PUBLIC HEARINGS\BCC\2024\01-23\MATERIALS\PL20230013966 - WCF LDCA (12-14- 2023).DOCX # # # # # # # # # # # # # 1 2 3 2.03.02 Residential Zoning Districts 4 5 A. Residential Single-Family Districts (RSF-1; RSF-2; RSF-3; RSF-4; RSF-5; RSF-6). The 6 purpose and intent of the residential single-family districts (RSF) is to provide lands 7 primarily for single-family residences. These districts are intended to be single-family 8 residential areas of low density. The nature of the use of property is the same in all of 9 these districts. Variation among the RSF-1, RSF-2, RSF-3, RSF-4, RSF-5 and RSF-6 10 districts is in requirements for density, lot area, lot width, yards, height, floor area, lot 11 coverage, parking, landscaping and signs. Certain structures and uses designed to serve 12 the immediate needs of the single-family residential development in the RSF districts such 13 as governmental, educational, religious, and noncommercial recreational uses are 14 permitted as conditional uses as long as they preserve and are compatible with the single-15 family residential character of the RSF district[s]. The RSF districts correspond to and 16 implement the urban mixed use land use designation on the future land use map of the 17 Collier County GMP. The maximum density permissible in the residential single-family 18 (RSF) districts and the urban mixed use land use designation shall be guided, in part, by 19 the density rating system contained in the future land use element of the Collier County 20 GMP. The maximum density permissible or permitted in the RSF district shall not exceed 21 the density permissible under the density rating system, except as permitted by policies 22 contained in the future land use element. 23 24 * * * * * * * * * * * * * 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 residential single-28 family districts (RSF). 29 30 * * * * * * * * * * * * * 31 32 c. Conditional uses. The following uses are permissible as conditional uses 33 in the residential single-family districts (RSF), 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; however, any high school located 41 in this district is subject to a compatibility review as described in 42 LDC section 10.02.03. 43 44 12. Wireless communication facilities, subject to LDC section 5.05.09. 45 46 * * * * * * * * * * * * * 47 48 7 G:\LDC AMENDMENTS\ADVISORY BOARDS AND PUBLIC HEARINGS\BCC\2024\01-23\MATERIALS\PL20230013966 - WCF LDCA (12-14- 2023).DOCX B. Residential Multi-Family-6 District (RMF-6). The purpose and intent of the residential multi-1 family-6 district (RMF-6) is to provide for single-family, two-family and multi-family 2 residences having a low profile silhouette, surrounded by open space, being so situated 3 that it is located in close proximity to public and commercial services and has direct or 4 convenient access to collector and arterial roads on the county major road network. The 5 RMF-6 district corresponds to and implements the urban mixed use land use designation 6 on the future land use map of the Collier County GMP. The maximum density permissible 7 in the RMF-6 district and the urban mixed use land use designation shall be guided, in 8 part, by the density rating system contained in the future land use element of the Collier 9 County GMP. The maximum density permissible or permitted in the RMF-6 district shall 10 not exceed the density permissible under the density rating system, except as permitted 11 by policies contained in the future land use element. 12 13 1. The following subsections identify the uses that are permissible by right and the 14 uses that are allowable as accessory or conditional uses in the RMF-6 district. 15 16 * * * * * * * * * * * * * 17 18 c. Conditional uses. The following uses are permissible as conditional uses 19 in the RMF-6 district, subject to the standards and procedures established 20 in LDC section 10.08.00. 21 22 * * * * * * * * * * * * * 23 24 10. Public schools without an agreement with Collier County, as 25 described in LDC section 5.05.14. Additional standards in LDC 26 section 5.05.14 shall also apply; however, any high school located 27 in this district is subject to a compatibility review as described in 28 LDC section 10.02.03. 29 30 11. Wireless communication facilities, subject to LDC section 5.05.09. 31 32 * * * * * * * * * * * * * 33 34 C. Residential Multi-Family-12 District (RMF-12). The purpose and intent of the residential 35 multi-family 12 district (RMF-12) is to provide lands for multiple-family residences having 36 a mid-rise profile, generally surrounded by lower structures and open space, located in 37 close proximity to public and commercial services, with direct or convenient access to 38 collector and arterial roads on the county major road network. Governmental, social, and 39 institutional land uses that serve the immediate needs of the multi-family residences are 40 permitted as conditional uses as long as they preserve and are compatible with the mid -41 rise multiple-family character of the district. The RMF-12 district corresponds to and 42 implements the urban mixed use land use designation on the future land use map of the 43 Collier County GMP. The maximum density permissible in the RMF-12 district and the 44 urban mixed use land use designation shall be guided, in part, by the density rating system 45 contained in the future land use element of the Collier County GMP. The maximum density 46 permissible or permitted in the RMF-12 district shall not exceed the density permissible 47 8 G:\LDC AMENDMENTS\ADVISORY BOARDS AND PUBLIC HEARINGS\BCC\2024\01-23\MATERIALS\PL20230013966 - WCF LDCA (12-14- 2023).DOCX under the density rating system, except as permitted by policies contained in the future 1 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 residential multi-5 family-12 district (RMF-12). 6 7 a. Permitted uses. 8 9 * * * * * * * * * * * * * 10 11 6. Educational plants and public schools with an agreement with 12 Collier County, as described in LDC section 5.05.14; however, any 13 high school located in this district is subject to a compatibility 14 review as described in LDC section 10.02.03 15 16 7. Wireless communication facilities, subject to LDC section 5.05.09. 17 18 * * * * * * * * * * * * * 19 20 D. Residential Multi-Family-16 District (RMF-16). The purpose and intent of the residential 21 multi-family-16 district (RMF-16) is to provide lands for medium to high density multiple-22 family residences, generally surrounded by open space, located in close proximity to 23 public and commercial services, with direct or convenient access to arterial and collector 24 roads on the county major road network. Governmental, social, and institutional land uses 25 that serve the immediate needs of the multiple-family residences are permitted as 26 conditional uses as long as they preserve and are compatible with the medium to high 27 density multi-family character of the district. The RMF-16 district corresponds to and 28 implements the urban mixed use land use designation on the future land use map of the 29 Collier County GMP. The maximum density permissible in the RMF-16 district and the 30 urban mixed use land use designation shall be guided, in part, by the density rating system 31 contained in the future land use element of the Collier County GMP. The maximum density 32 permissible or permitted in the RMF-16 district shall not exceed the density permissible 33 under the density rating system, except as permitted by policies contained in the future 34 land use element. 35 36 1. The following subsections identify the uses that are permissible by right and the 37 uses that are allowable as accessory or conditional uses in the residential multi-38 family-16 district (RMF-16). 39 40 a. Permitted uses. 41 42 4. Educational plants and public schools with an agreement with 43 Collier County, as described in LDC section 5.05.14; however, any 44 high school located in this district is subject to a compatibility 45 review as described in LDC section 10.02.03. 46 47 5. Wireless communication facilities, subject to LDC section 5.05.09. 48 9 G:\LDC AMENDMENTS\ADVISORY BOARDS AND PUBLIC HEARINGS\BCC\2024\01-23\MATERIALS\PL20230013966 - WCF LDCA (12-14- 2023).DOCX 1 * * * * * * * * * * * * * 2 3 E. Residential Tourist District (RT). The purpose and intent of the residential tourist district 4 (RT) is to provide lands for tourist accommodations and support facilities, and multiple 5 family uses. The RT district corresponds with and implements the urban mixed use district 6 and the activity center district in the urban designated area on the future land use map of 7 the Collier County GMP. 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 residential tourist 11 district (RT). 12 13 a. Permitted uses. 14 15 5. Townhouses subject to section 5.05.07. 16 17 6. Wireless communication facilities, subject to LDC section 5.05.09. 18 19 * * * * * * * * * * * * * 20 21 F. Village Residential District (VR). The purpose and intent of the village residential district 22 (VR) is to provide lands where a mixture of residential uses may exist. Additionally, uses 23 are located and designed to maintain a village residential character which is generally low 24 profile, relatively small building footprints as is the current appearance of Goodland and 25 Copeland. The VR district corresponds to and implements the mixed residential land use 26 designation on the Immokalee future land use map of the Collier County GMP. It is 27 intended for application in those urban areas outside of the coastal urban area designated 28 on the future land use map of the Collier County GMP, though there is some existing VR 29 zoning in the coastal urban area. The maximum density permissible in the VR district and 30 the urban mixed use land use designation shall be guided, in part, by the density rating 31 system contained in the future land use element of the Collier County GMP. The maximum 32 density permissible or permitted in the VR district shall not exceed the density permissible 33 under the density rating system, except as permitted by policies contained in the future 34 land use element, or as designated on the Immokalee future land use map of the GMP. 35 36 1. The following subsections identify the uses that are permissible by right and the 37 uses that are allowable as accessory or conditional uses in the village residential 38 district (VR). 39 40 a. Permitted uses. 41 42 6. Educational plants and public schools with an agreement with 43 Collier County, as described in LDC section 5.05.14; however, any 44 high school located in this district is subject to a compatibility 45 review as described in LDC section 10.02.03. 46 47 7. Wireless communication facilities, subject to LDC section 5.05.09. 48 10 G:\LDC AMENDMENTS\ADVISORY BOARDS AND PUBLIC HEARINGS\BCC\2024\01-23\MATERIALS\PL20230013966 - WCF LDCA (12-14- 2023).DOCX 1 * * * * * * * * * * * * * 2 3 G. Mobile Home District (MH). The purpose and intent of the mobile home district (MH) is to 4 provide land for mobile homes and modular built homes, as defined in this Land 5 Development Code, that are consistent and compatible with surrounding land uses. The 6 MH District corresponds to and implements the urban mixed-use land use designation on 7 the future land-use map of the Collier County GMP. The maximum density permissible in 8 the MH district and the urban mixed use land use designation shall be guided, in part, by 9 the density rating system contained in the future land use element of the Collier County 10 GMP. The maximum density permissible or permitted in the MH district shall not exceed 11 the density permissible under the density rating system, except as permitted by policies 12 contained in the future land use element, or as identified in the Immokalee future land use 13 map of the GMP. 14 15 1. The following subsections identify the uses that are permissible by right and the 16 uses that are allowable as accessory or conditional uses in the mobile home district 17 (MH). 18 19 a. Permitted uses. 20 21 5. Educational plants and public schools with an agreement with 22 Collier County, as described in LDC section 5.05.14; however, any 23 high school located in this district is subject to a compatibility 24 review as described in LDC section 10.02.03. 25 26 6. Wireless communication facilities, subject to LDC section 5.05.09. 27 28 * * * * * * * * * * * * * 29 # # # # # # # # # # # # # 30 31 2.03.03 Commercial Zoning Districts 32 33 A. Commercial Professional and General Office District (C-1). The purpose and intent of the 34 commercial professional and general office district C-1 is to allow a concentration of office 35 type buildings and land uses that are most compatible with, and located near, residential 36 areas. Most C-1 commercial, professional, and general office districts are contiguous to, 37 or when within a PUD, will be placed in close proximity to residential areas, and, therefore, 38 serve as a transitional zoning district between residential areas and higher intensity 39 commercial zoning districts. The types of office uses permitted are those that do not have 40 high traffic volumes throughout the day, which extend into the evening hours. They will 41 have morning and evening short-term peak conditions. The market support for these office 42 uses should be those with a localized basis of market support as opposed to office 43 functions requiring inter-jurisdictional and regional market support. Because office 44 functions have significant employment characteristics, which are compounded when 45 aggregations occur, certain personal service uses shall be permitted, to provide a 46 convenience to office-based employment. Such convenience commercial uses shall be 47 made an integral part of an office building as opposed to the singular use of a building. 48 11 G:\LDC AMENDMENTS\ADVISORY BOARDS AND PUBLIC HEARINGS\BCC\2024\01-23\MATERIALS\PL20230013966 - WCF LDCA (12-14- 2023).DOCX Housing may also be a component of this district as provided for through conditional use 1 approval. 2 3 1. The following uses, as identified with a number from the Standard Industrial 4 Classification Manual (1987), or as otherwise provided for within this section are 5 permissible by right, or as accessory or conditional uses within the C-1 commercial 6 professional and general office district. 7 8 * * * * * * * * * * * * * 9 10 a. Permitted uses. 11 12 40. Travel agencies (4724, no other transportation services). 13 14 41. Wireless communication facilities, subject to LDC section 5.05.09. 15 16 412. Any other commercial use or professional service which is 17 comparable in nature with the foregoing uses including those that 18 exclusively serve the administrative as opposed to the operational 19 functions of a business and are associated purely with activities 20 conducted in an office, as determined by the Hearing Examiner or 21 CCPC, pursuant to LDC section 10.02.06 K. 22 23 * * * * * * * * * * * * * 24 25 B. Commercial Convenience District (C-2). The purpose and intent of the commercial 26 convenience district (C-2) is to provide lands where commercial establishments may be 27 located to provide the small-scale shopping and personal needs of the surrounding 28 residential land uses within convenient travel distance except to the extent that office uses 29 carried forward from the C-1 district will expand the traditional neighborhood size. 30 However, the intent of this district is that retail and service uses be of a nature that can be 31 economically supported by the immediate residential environs. Therefore, the uses should 32 allow for goods and services that households require on a daily basis, as opposed to those 33 goods and services that households seek for the most favorable economic price and, 34 therefore, require much larger trade areas. It is intended that the C-2 district implements 35 the Collier County GMP within those areas designated agricultural/rural; estates 36 neighborhood center district of the Golden Gate Master Plan; the neighborhood center 37 district of the Immokalee Master Plan; and the urban mixed use district of the future land 38 use element permitted in accordance with the locational criteria for commercial and the 39 goals, objectives, and policies as identified in the future land use element of the Collier 40 County GMP. The maximum density permissible in the C-2 district and the urban mixed 41 use land use designation shall be guided, in part, by the density rating system contained 42 in the future land use element of the Collier County GMP. The maximum density 43 permissible or permitted in a district shall not exceed the density permissible under the 44 density rating system. 45 46 1. The following uses, as identified with a number from the Standard Industrial 47 Classification Manual (1987), or as otherwise provided for within this section are 48 12 G:\LDC AMENDMENTS\ADVISORY BOARDS AND PUBLIC HEARINGS\BCC\2024\01-23\MATERIALS\PL20230013966 - WCF LDCA (12-14- 2023).DOCX permissible by right, or as accessory or conditional uses within the C-2 commercial 1 convenience district. 2 3 a. Permitted uses. 4 5 * * * * * * * * * * * * * 6 7 72. Wallpaper stores (5231) with 1,800 square feet or less of gross floor 8 area in the principal structure. 9 10 73. Wireless communication facilities, subject to LDC section 5.05.09. 11 12 734. Any other commercial use or professional services which is 13 comparable in nature with the foregoing uses including those that 14 exclusively serve the administrative as opposed to the operational 15 functions of a business and are associated purely with activities 16 conducted in an office. 17 18 -Remainder of list to be renumbered accordingly- 19 20 756. An existing lawful structure over 1,800 sq. ft. as of July 14, 2014 21 may be occupied by any C-2 permitted use with a 1,800 sq. ft. or 22 greater limitation. 23 24 * * * * * * * * * * * * * 25 26 C. Commercial Intermediate District (C-3). The purpose and intent of the commercial 27 intermediate district (C-3) is to provide for a wider variety of goods and services intended 28 for areas expected to receive a higher degree of automobile traffic. The type and variety 29 of goods and services are those that provide an opportunity for comparison shopping, 30 have a trade area consisting of several neighborhoods, and are preferably located at the 31 intersection of two-arterial level streets. Most activity centers meet this standard. This 32 district is also intended to allow all of the uses permitted in the C-1 and C-2 zoning districts 33 typically aggregated in planned shopping centers. This district is not intended to permit 34 wholesaling type of uses, or land uses that have associated with them the need for outdoor 35 storage of equipment and merchandise. A mixed-use project containing a residential 36 component is permitted in this district subject to the criteria established herein. The C-3 37 district is permitted in accordance with the locational criteria for commercial and the goals, 38 objectives, and policies as identified in the future land use element of the Collier County 39 GMP. The maximum density permissible in the C-3 district and the urban mixed use land 40 use designation shall be guided, in part, by the density rating system contained in the 41 future land use element of the Collier County GMP. The maximum density permissible or 42 permitted in the C-3 district shall not exceed the density permissible under the density 43 rating system. 44 45 1. The following uses, as identified with a number from the Standard Industrial 46 Classification Manual (1987), or as otherwise provided for within this section are 47 13 G:\LDC AMENDMENTS\ADVISORY BOARDS AND PUBLIC HEARINGS\BCC\2024\01-23\MATERIALS\PL20230013966 - WCF LDCA (12-14- 2023).DOCX permissible by right, or as accessory or conditional uses within the commercial 1 intermediate district (C-3). 2 3 a. Permitted uses. 4 5 * * * * * * * * * * * * * 6 7 92. Wallpaper stores (5231) with 5,000 square feet or less of gross floor 8 area in the principal structure. 9 10 93. Wireless communication facilities, subject to LDC section 5.05.09. 11 12 934. Any use which was permissible under the prior General Retail 13 Commercial (GRC) zoning district, as identified by Zoning 14 Ordinance adopted October 8, 1974, and which was lawfully 15 existing prior to the adoption of this Code. 16 17 945. Any of the foregoing uses that are subject to a gross floor area 18 limitation shall be permitted by right without the maximum floor area 19 limitation if the use is developed as a component of a shopping 20 center. 21 22 956. Any other commercial use or professional services which is 23 comparable in nature with the foregoing uses including those that 24 exclusively serve the administrative as opposed to the operational 25 functions of a business and are associated purely with activities 26 conducted in an office. 27 28 967. Any other intermediate commercial use which is comparable in 29 nature with the list of permitted uses and consistent with the 30 purpose and intent statement of the district, as determined by the 31 Hearing Examiner or CCPC, pursuant to LDC section 10.02.06 K. 32 33 978. An existing lawful structure over 5,000 sq. ft. as of July 14, 2014 34 may be occupied by any C-3 permitted use with a 5,000 sq. ft. or 35 greater limitation. 36 37 * * * * * * * * * * * * * 38 39 D. General Commercial District (C-4). The general commercial district (C-4) is intended to 40 provide for those types of land uses that attract large segments of the population at the 41 same time by virtue of scale, coupled with the type of activity. The purpose and intent of 42 the C-4 district is to provide the opportunity for the most diverse types of commercial 43 activities delivering goods and services, including entertainment and recreational 44 attractions, at a larger scale than the C-1 through C-3 districts. As such, all of the uses 45 permitted in the C-1 through C-3 districts are also permitted in the C-4 district. The outside 46 storage of merchandise and equipment is prohibited, except to the extent that it is 47 associated with the commercial activity conducted on-site such as, but not limited to, 48 14 G:\LDC AMENDMENTS\ADVISORY BOARDS AND PUBLIC HEARINGS\BCC\2024\01-23\MATERIALS\PL20230013966 - WCF LDCA (12-14- 2023).DOCX automobile sales, marine vessels, and the renting and leasing of equipment. Activity 1 centers are suitable locations for the uses permitted by the C-4 district because most 2 activity centers are located at the intersection of arterial roads. Therefore the uses in the 3 C-4 district can most be sustained by the transportation network of major roads. The C-4 4 district is permitted in accordance with the locational criteria for uses and the goals, 5 objectives, and policies as identified in the future land use element of the Collier County 6 GMP. The maximum density permissible or permitted in a district shall not exceed the 7 density permissible under the density rating system. 8 9 1. The following uses, as defined with a number from the Standard Industrial 10 Classification Manual (1987), or as otherwise provided for within this section are 11 permissible by right, or as accessory or conditional uses within the general 12 commercial district (C-4). 13 14 a. Permitted uses. 15 16 * * * * * * * * * * * * * 17 18 27. Cable and other pay television services (4841) including 19 communications towers up to specified height, subject to section 20 5.05.09. 21 22 * * * * * * * * * * * * * 23 24 130. Telegraph and other message communications (4822) including 25 communications towers up to specified height, subject to section 26 5.05.09. 27 28 131. Telephone communications (4812 and 4813) including 29 communications towers up to specified height, subject to section 30 5.05.09. 31 32 * * * * * * * * * * * * * 33 34 140. Wireless communication facilities, subject to LDC section 5.05.09. 35 36 1401. Any use which was permissible under the prior General Retail 37 Commercial (GRC) zoning district, as identified by Zoning 38 Ordinance adopted October 8, 1974, and which was lawfully 39 existing prior to the adoption of this Code. 40 41 1412. Any other commercial use or professional services which is 42 comparable in nature with the foregoing uses including those that 43 exclusively serve the administrative as opposed to the operational 44 functions of a business and are purely associated with activities 45 conducted in an office. 46 47 15 G:\LDC AMENDMENTS\ADVISORY BOARDS AND PUBLIC HEARINGS\BCC\2024\01-23\MATERIALS\PL20230013966 - WCF LDCA (12-14- 2023).DOCX 1423. Any other general commercial use which is comparable in nature 1 with the list of permitted uses and consistent with the purpose and 2 intent statement of the district, as determined by the Hearing 3 Examiner or CCPC, pursuant to LDC section 10.02.06 K. 4 5 * * * * * * * * * * * * * 6 7 c. Conditional uses. The following uses are permitted as conditional uses in 8 the general commercial district (C-4), subject to the standards and 9 procedures established in LDC section 10.08.00. 10 11 * * * * * * * * * * * * * 12 13 7. Bottle clubs. (All establishments engaged in the retail sale of 14 alcoholic beverages for on-premise consumption are subject to the 15 locational requirements of section 5.05.01.). 16 17 8. Communication towers above specified height, subject to section 18 5.05.09. 19 20 98. Dealers not elsewhere classified (5599 outdoor display permitted, 21 excluding Aircraft dealers-retail). 22 23 -Remainder of list to be renumbered accordingly- 24 25 254. Veterinary services (0741 and 0742, with outside kenneling). 26 27 * * * * * * * * * * * * * 28 29 E. Heavy Commercial District (C-5). In addition to the uses provided in the C-4 zoning district, 30 the heavy commercial district (C-5) allows a range of more intensive commercial uses and 31 services which are generally those uses that tend to utilize outdoor space in the conduct 32 of the business. The C-5 district permits heavy commercial services such as full-service 33 automotive repair, and establishments primarily engaged in construction and specialized 34 trade activities such as contractor offices, plumbing, heating and air conditioning services, 35 and similar uses that typically have a need to store construction associated equipment 36 and supplies within an enclosed structure or have showrooms displaying the building 37 material for which they specialize. Outdoor storage yards are permitted with the 38 requirement that such yards are completely enclosed or opaquely screened. The C-5 39 district is permitted in accordance with the locational criteria for uses and the goals, 40 objectives, and policies as identified in the future land use element of the Collier County 41 GMP. 42 43 1. The following uses, as identified with a number from the Standard Industrial 44 Classification Manual (1987), or as otherwise provided for within this section are 45 permissible by right, or as accessory or conditional uses within the heavy 46 commercial district (C-5). 47 48 16 G:\LDC AMENDMENTS\ADVISORY BOARDS AND PUBLIC HEARINGS\BCC\2024\01-23\MATERIALS\PL20230013966 - WCF LDCA (12-14- 2023).DOCX a. Permitted uses. 1 2 * * * * * * * * * * * * * 3 4 32. Cable and other pay television services (4841) including 5 communications towers up to specified height, subject to section 6 5.05.09. 7 8 * * * * * * * * * * * * * 9 10 166. Telegraph and other message communications (4822) including 11 communications towers up to specified height, subject to LDC 12 section 5.05.09. 13 14 167. Telephone communications (4812 and 4813) including 15 communications towers up to specified height, subject to LDC 16 section 5.05.09. 17 18 * * * * * * * * * * * * * 19 20 180. Welding repair (7692). 21 22 181. Wireless communication facilities, subject to LDC section 5.05.09. 23 24 1812. Any use which was permissible under the prior General Retail 25 Commercial (GRC) zoning district, as identified by Zoning 26 Ordinance adopted October 8, 1974, and which was lawfully 27 existing prior to the adoption of this Code. 28 29 1823. Any other commercial use or professional services which is 30 comparable in nature with the foregoing uses including those that 31 exclusively serve the administrative as opposed to the operational 32 functions of a business and are purely associated with activities 33 conducted in an office. 34 35 1834. Any other heavy commercial use which is comparable in nature with 36 the list of permitted uses and consistent with the purpose and intent 37 statement of the district, as determined by the Hearing Examiner or 38 CCPC, pursuant to LDC section 10.02.06 K. 39 40 * * * * * * * * * * * * * 41 42 c. Conditional uses. The following uses are permissible as conditional uses 43 in the heavy commercial district (C-5), subject to the standards and 44 procedures established in LDC section 10.08.00. 45 46 * * * * * * * * * * * * * 47 48 17 G:\LDC AMENDMENTS\ADVISORY BOARDS AND PUBLIC HEARINGS\BCC\2024\01-23\MATERIALS\PL20230013966 - WCF LDCA (12-14- 2023).DOCX 5. Communications (4812—4841) with communications towers that 1 exceed specified height, subject to section 5.05.09. 2 3 56. Farm product raw materials (5153—5159). 4 5 -Remainder of list to be renumbered accordingly- 6 7 1718. Veterinary services (0741 & 0742, with outdoor kenneling). 8 9 * * * * * * * * * * * * * 10 11 F. Travel Trailer-Recreational Vehicle Campground District (TTRVC). 12 13 * * * * * * * * * * * * * 14 15 2. The following uses are permissible by right, or as accessory or conditional 16 uses within the travel trailer-recreational vehicle campground district (TTRVC). 17 18 a. Permitted uses. 19 20 1. Travel trailers, park model travel trailers, pickup coaches, motor 21 homes and other recreational vehicles. 22 23 2. Wireless communication facilities, subject to LDC section 5.05.09. 24 25 * * * * * * * * * * * * * 26 # # # # # # # # # # # # # 27 28 2.03.04 Industrial Zoning Districts 29 30 A. Industrial District (I). The purpose and intent of the industrial district (I) is to provide lands 31 for manufacturing, processing, storage and warehousing, wholesaling, and distribution. 32 Service and commercial activities that are related to manufacturing, processing, storage 33 and warehousing, wholesaling, and distribution activities, as well as commercial uses 34 relating to automotive repair and heavy equipment sales and repair are also permissible 35 in the I district. The I district corresponds to and implements the industrial land use 36 designation on the future land use map of the Collier County GMP. 37 38 1. The following uses, as identified within the Standard Industrial Classification 39 Manual (1987), or as otherwise provided for within this section, are permitted as a 40 right, or as accessory or conditional uses within the industrial district (I). 41 42 a. Permitted uses. 43 44 * * * * * * * * * * * * * 45 46 9. Communications (4812—4899 including communications towers 47 up to specified heights, subject to section 5.05.09.). 48 18 G:\LDC AMENDMENTS\ADVISORY BOARDS AND PUBLIC HEARINGS\BCC\2024\01-23\MATERIALS\PL20230013966 - WCF LDCA (12-14- 2023).DOCX 1 * * * * * * * * * * * * * 2 3 56. Wholesale trade—nondurable goods (5111-5159, 5181, 5182, 4 5191 except that wholesale distribution of chemicals, fertilizers, 5 insecticides, and pesticides must be a minimum of 500 feet from a 6 residential zoning district (5192—5199). 7 8 57. Wireless communication facilities, subject to LDC section 5.05.09. 9 10 578. Existing retail uses that were in operation on January 1, 2009, in 11 the Industrial zoning district and which have been continuously and 12 conspicuously operating in the Industrial zoning district as of June 13 8, 2010, without limitation as to square footage of the retail use. 14 These existing retail businesses shall be treated as legal non-15 conforming uses in accordance with the LDC, provided however 16 that in the event of destruction or damage due to natural disaster, 17 the structures housing such uses may be rebuilt to their pre-disaster 18 condition. 19 20 * * * * * * * * * * * * * 21 22 c. Conditional uses. The following uses are permitted as conditional uses in 23 the industrial district (I), subject to the standards and procedures 24 established in LDC section 10.08.00. 25 26 * * * * * * * * * * * * * 27 28 4. Communications (groups 4812—4899 including communications 29 towers that exceed specified heights subject to all requirements of 30 section 5.05.09.). 31 32 45. Electric, gas, and sanitary services (4911—4971). 33 34 -Remainder of list to be renumbered accordingly- 35 36 2425. Soup kitchens. 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 19 G:\LDC AMENDMENTS\ADVISORY BOARDS AND PUBLIC HEARINGS\BCC\2024\01-23\MATERIALS\PL20230013966 - WCF LDCA (12-14- 2023).DOCX urban commercial, and urban-industrial districts of the future land use element of the 1 Collier County GMP. 2 3 1. The following uses, as identified within the latest edition of the Standard Industrial 4 Classification Manual, or as otherwise provided for within this section, are 5 permitted as of right, or as uses accessory to permitted primary or secondary uses, 6 or are conditional uses within the business park district. 7 8 a. Permitted primary uses. One hundred percent of the total business park 9 district acreage is allowed to be developed with the following uses: 10 11 * * * * * * * * * * * * * 12 13 4. Communications (4812—4899 including wireless communications 14 towers facilities, limited in height to 100 feet and subject to LDC 15 section 5.05.09.). 16 17 * * * * * * * * * * * * * 18 # # # # # # # # # # # # # 19 20 2.03.05 - Civic and Institutional Zoning Districts 21 22 A. Public Use District (P). The purpose and intent of public use district (P) is to accommodate 23 only local, state and federally owned or leased and operated government facilities that 24 provide essential public services. The P district is intended to facilitate the coordination of 25 urban services and land uses while minimizing the potential disruption of the uses of 26 nearby properties. 27 28 * * * * * * * * * * * * * 29 30 4. The following uses are permitted as of right, or as accessory or conditional uses, 31 in the public use district (P). 32 33 a. Permitted uses. 34 35 * * * * * * * * * * * * * 36 37 4. Communication towers. 38 39 54. Education facilities. 40 41 65. Educational plants. 42 76. Essential public service facilities. 43 44 87. Fairgrounds. 45 46 98. Libraries. 47 48 20 G:\LDC AMENDMENTS\ADVISORY BOARDS AND PUBLIC HEARINGS\BCC\2024\01-23\MATERIALS\PL20230013966 - WCF LDCA (12-14- 2023).DOCX 109. Museums. 1 2 1110. Park and recreational service facilities. 3 4 1211. Parking facilities. 5 6 1312. Safety service facilities. 7 8 1413. Wireless communication facilities, subject to LDC section 5.05.09. 9 10 14. Any other public structures and uses which are comparable in 11 nature with the list of permitted uses, and consistent with the 12 purpose and intent statement of the district, as determined by the 13 Hearing Examiner or CCPC, pursuant to LDC section 10.02.06 K. 14 15 * * * * * * * * * * * * * 16 17 B. Community Facility District (CF). The purpose and intent of (CF) district is to implement 18 the GMP by permitting nonresidential land uses as generally identified in the urban 19 designation of the future land use element. These uses can be characterized as public 20 facilities, institutional uses, open space uses, recreational uses, water-related or 21 dependent uses, and other such uses generally serving the community at large. The 22 dimensional standards are intended to insure compatibility with existing or future nearby 23 residential development. The CF district is limited to properties within the urban mixed use 24 land use designation as identified on the future land use map. 25 26 1. The following uses are permitted as of right, or as accessory or conditional uses, 27 in the community facility district (CF). 28 29 a. Permitted uses. 30 31 * * * * * * * * * * * * * 32 33 9. Educational services (groups 8211—8231). 34 35 10. Wireless communication facilities, subject to LDC section 5.05.09. 36 37 * * * * * * * * * * * * * 38 # # # # # # # # # # # # # 39 40 2.03.06 Planned Unit Development Districts 41 42 * * * * * * * * * * * * * 43 44 D. The following are permissible uses in the Research and Technology Park PUD: 45 46 Identified Use Special Notes Or Regulation RTPPUD 21 G:\LDC AMENDMENTS\ADVISORY BOARDS AND PUBLIC HEARINGS\BCC\2024\01-23\MATERIALS\PL20230013966 - WCF LDCA (12-14- 2023).DOCX Accessory uses and structures 4.07.02 and 5.03.00 P 1 * * * * * * * * * * * * * 2 Communication groups 4812—4841 T Communication towers 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 3 * * * * * * * * * * * * * 4 # # # # # # # # # # # # # 5 6 2.03.07 Overlay Zoning Districts 7 8 * * * * * * * * * * * * * 9 10 F. Golden Gate Parkway Overlay District (GGPOD). 11 12 * * * * * * * * * * * * * 13 14 6. Prohibited uses. These uses are prohibited, except that uses existing as of March 15 16, 2021 may continue to operate as a permitted use until the use ceases for a 16 period of one year. This section does not apply to the uses allowed in the 17 underlying zoning district. 18 19 a. Prohibited uses in the GGPOD-AC and GGPOD-DT. 20 21 xi. Communication towers Wireless communication facilities, subject 22 to LDC section 5.05.09. 23 24 * * * * * * * * * * * * * 25 26 G. Immokalee Urban Overlay District. To create the Immokalee Urban Overlay District with 27 distinct subdistricts for the purpose of establishing development criteria suitable for the 28 unique land use needs of the Immokalee Community. The boundaries of the Immokalee 29 Urban Overlay District are delineated on the maps below. 30 31 * * * * * * * * * * * * * 32 33 5. Main Street Overlay Subdistrict. Special conditions for the properties identified in 34 the Immokalee Area Master Plan; referenced on Map 7; and further identified by 35 the designation "MSOSD" on the applicable official Collier County Zoning Atlas 36 Maps. The purpose of this designation is to encourage development and 37 22 G:\LDC AMENDMENTS\ADVISORY BOARDS AND PUBLIC HEARINGS\BCC\2024\01-23\MATERIALS\PL20230013966 - WCF LDCA (12-14- 2023).DOCX redevelopment by enhancing and beautifying the downtown Main Street area 1 through flexible design and development standards. 2 3 a. Permitted uses. For all properties within the Main Street Overlay 4 Subdistrict, except for properties hatched as indicated on Map 7, the Main 5 Street Overlay Subdistrict, all permitted uses within the uses within the 6 underlying zoning districts contained within this Subdistrict, and the 7 following uses may be permitted as of right in this Subdistrict: 8 9 1. Hotel and motels (7011) 10 11 2. Communication towers Wireless communication facilities, as 12 defined in LDC section 5.05.09, subject to the following: 13 14 i. Such facilities are tower is an essential service use as 15 defined by subsection 2.01.03 A.4; and 16 17 ii. Such facilities tower may not exceed a height of 75 feet 18 above grade including any antennas attached thereto. 19 20 b. Permitted uses. For hatched properties within the Main Street Overlay 21 Subdistrict, all permitted uses within the underlying zoning districts 22 contained within this Subdistrict, and the following uses are permitted as of 23 right in this Subdistrict: 24 25 1. All uses allowed in the Commercial Professional District (C-1), of 26 this Code, except for group 7521. 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 facilities are tower is an essential service use as 32 defined by subsection 2.01.03 A.4; and 33 34 ii. Such facilities tower may not exceed a height of 75 feet 35 above grade including any antennas attached thereto. 36 37 c. Prohibited uses. All uses prohibited within the underlying residential and 38 commercial zoning districts contained within this Subdistrict, and the 39 following uses, shall be prohibited on properties with frontage on Main 40 Street in between First Street and Ninth Street in the Main Street Overlay 41 Subdistrict: 42 43 * * * * * * * * * * * * * 44 45 10. Communication towers Wireless communication facilities, as 46 defined in LDC section 5.05.09 of this Code, except as otherwise 47 permitted in this Subdistrict. 48 23 G:\LDC AMENDMENTS\ADVISORY BOARDS AND PUBLIC HEARINGS\BCC\2024\01-23\MATERIALS\PL20230013966 - WCF LDCA (12-14- 2023).DOCX 1 * * * * * * * * * * * * * 2 3 d. Accessory uses. 4 5 * * * * * * * * * * * * * 6 7 2. Communication towers Wireless communication facilities, as 8 defined in LDC section 5.05.09 subject to the following: 9 10 i. Such facilities are tower is is an essential service use as 11 defined by subsection 2.01.03 A.4.; and 12 13 ii. Such facilities tower may not exceed a height of 75 feet 14 above grade including any antennas attached thereto. 15 16 e. Conditional uses. 17 18 1. Conditional uses of the underlying zoning districts contained within 19 the subdistrict, subject to the standards and procedures established 20 in LDC section 10.08.00 and as set forth below: 21 22 i. Local and suburban passenger transportation (4131, 4173) 23 located upon commercially zoned properties within the Main 24 Street Overlay Subdistrict. 25 26 ii. Communication towers Wireless communication facilities, 27 as defined in LDC section 5.05.09 of this Code for essential 28 service uses as defined by subsection 2.01.03 A.4 that 29 exceed a height of 75 feet above grade including any 30 antennas attached thereto. 31 32 iii. The following conditional uses may be permitted only on 33 properties with frontage on North First Street, South First 34 Street, and North Ninth Street within the Main Street Overlay 35 Subdistrict: 36 37 * * * * * * * * * * * * * 38 39 i. Communication towers Wireless communication 40 facilities, as defined in LDC section 5.05.09, except 41 as otherwise permitted in this Subdistrict. 42 43 * * * * * * * * * * * * * 44 45 I. Bayshore Zoning Overlay District (BZO). This section provides special conditions for the 46 properties adjacent to Bayshore Drive as identified by the designation "BZO" on the 47 applicable official Collier County Zoning Atlas Map or map series. 48 24 G:\LDC AMENDMENTS\ADVISORY BOARDS AND PUBLIC HEARINGS\BCC\2024\01-23\MATERIALS\PL20230013966 - WCF LDCA (12-14- 2023).DOCX 1 * * * * * * * * * * * * * 2 3 4. Bayshore Zoning Overlay District (BZO) Subdistricts. 4 5 * * * * * * * * * * * * * 6 7 b. Use Categories and Table of Uses. 8 9 * * * * * * * * * * * * * 10 11 iii. Table of Uses. Table 1. Table of Uses for the BZO Subdistricts 12 13 USE TYPE BZO SUBDISTRICTS ADDITIONAL STANDARDS RESIDENTIAL MIXED USE R1 R2 R3 R4 NC W 14 * * * * * * * * * * * * * 15 16 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 5.05.09 17 * * * * * * * * * * * * * 18 19 N. Gateway Triangle Zoning Overlay District (GTZO). This section contains special 20 conditions for the properties in and adjacent to the Gateway Triangle as identified by the 21 designation "GTZO" on the applicable official Collier County Zoning Atlas Map or map 22 series. 23 24 * * * * * * * * * * * * * 25 26 4. Gateway Triangle Zoning Overlay District (GTZO) Subdistricts. 27 28 * * * * * * * * * * * * * 29 30 b. Use Categories and Table of Uses. 31 32 * * * * * * * * * * * * * 33 34 25 G:\LDC AMENDMENTS\ADVISORY BOARDS AND PUBLIC HEARINGS\BCC\2024\01-23\MATERIALS\PL20230013966 - WCF LDCA (12-14- 2023).DOCX iii. Table of Uses. Table 2. Table of Uses for the GTZO Subdistricts 1 2 USE TYPE GTZO SUBDISTRICTS ADDITIONAL STANDARDS RESIDENTIAL MIXED USE 3 * * * * * * * * * * * * * 4 5 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 5.05.09 6 * * * * * * * * * * * * * 7 # # # # # # # # # # # # # 8 9 2.03.08 - Rural Fringe Zoning Districts 10 11 A. Rural Fringe Mixed-Use District (RFMU District). 12 13 * * * * * * * * * * * * * 14 15 2. RFMU receiving lands. RFMU receiving lands are those lands within the RFMU 16 district that have been identified as being most appropriate for development and 17 to which residential development units may be transferred from RFMU sending 18 lands. Based on the evaluation of available data, RFMU receiving lands have a 19 lesser degree of environmental or listed species habitat value than RFMU sending 20 lands and generally have been disturbed through development or previous or 21 existing agricultural operations. Various incentives are employed to 22 direct development into RFMU receiving lands and away from RFMU sending 23 lands, thereby maximizing native vegetation and habitat preservation and 24 restoration. Such incentives include, but are not limited to: the TDR 25 process; clustered development; density bonus incentives; and, provisions for 26 central sewer and water. Within RFMU receiving lands, the following standards 27 shall apply, except as noted in LDC subsection 2.03.08 A.1 above, or as more 28 specifically provided in an applicable PUD. 29 30 a. Outside rural villages. 31 32 * * * * * * * * * * * * * 33 34 (3) Allowable Uses. 35 36 26 G:\LDC AMENDMENTS\ADVISORY BOARDS AND PUBLIC HEARINGS\BCC\2024\01-23\MATERIALS\PL20230013966 - WCF LDCA (12-14- 2023).DOCX * * * * * * * * * * * * * 1 2 (c) Conditional uses. The following uses are permissible 3 as conditional uses subject to the standards and 4 procedures established in LDC section 10.08.00. 5 6 * * * * * * * * * * * * * 7 8 ix. In RFMU receiving lands other than those within the 9 NBMO, earth mining and extraction. 10 11 x. Wireless communication facilities, subject to LDC 12 section 5.05.09. 13 14 * * * * * * * * * * * * * 15 16 b. Rural villages. Rural villages, including rural villages within the NBMO, may 17 be approved within the boundaries of RFMU receiving lands, subject to the 18 following: 19 20 (1) Allowable Uses: 21 22 * * * * * * * * * * * * * 23 24 (b) CONDITIONAL USES 1 through 5, and 7, and 10 identified 25 in section 2.03.08A.2.a.(3)(c), when specifically identified in, 26 and approved as part of a RURAL VILLAGE PUD. 27 28 * * * * * * * * * * * * * 29 30 3. Neutral lands. Neutral lands have been identified for limited semi-rural 31 residential development. Available data indicates that neutral lands have a higher 32 ratio of native vegetation, and thus higher habitat values, than lands designated 33 as RFMU receiving lands, but these values do not approach those of RFMU 34 sending lands. Therefore, these lands are appropriate for limited development, if 35 such development is directed away from existing native vegetation and habitat. 36 Within neutral lands, the following standards shall apply: 37 38 a. Allowable uses. The following uses are permitted as of right: 39 40 * * * * * * * * * * * * * 41 42 (3) Conditional uses. The following uses are permissible as conditional 43 uses subject to the standards and procedures established in 44 LDC section 10.08.00. 45 46 * * * * * * * * * * * * * 47 48 27 G:\LDC AMENDMENTS\ADVISORY BOARDS AND PUBLIC HEARINGS\BCC\2024\01-23\MATERIALS\PL20230013966 - WCF LDCA (12-14- 2023).DOCX (k) Earth mining and extraction and related processing. 1 2 (l) Wireless communication facilities, subject to LDC section 3 5.05.09. 4 5 * * * * * * * * * * * * * 6 7 4. RFMU sending lands. RFMU sending lands are those lands that have the highest 8 degree of environmental value and sensitivity and generally include 9 significant wetlands, uplands, and habitat for listed species. RFMU sending 10 lands are the principal target for preservation and conservation. Density may be 11 transferred from RFMU sending lands as provided in LDC section 2.03.07 D.4.c. 12 All NRPAs within the RFMU district are also RFMU sending lands. With the 13 exception of specific provisions applicable only to NBMO neutral lands, the 14 following standards shall apply within all RFMU sending lands: 15 16 a. Allowable uses where TDR credits have not been severed. 17 18 * * * * * * * * * * * * * 19 20 (3) Conditional uses. 21 22 * * * * * * * * * * * * * 23 24 (d) Commercial uses accessory to permitted uses 1.a, 1.c. and 25 1.d above, such as retail sales of produce accessory to 26 farming, or a restaurant accessory to a park or preserve, so 27 long as restrictions or limitations are imposed to insure the 28 commercial use functions as an accessory, subordinate 29 use. 30 31 (e) Wireless communication facilities, subject to LDC section 32 5.05.09. 33 34 b. Allowable uses where TDR credits have been severed. 35 36 * * * * * * * * * * * * * 37 38 (2) Conditional uses: 39 40 * * * * * * * * * * * * * 41 42 (b) Oil and gas field development and production, subject to 43 applicable state and federal field development permits and 44 Collier County non-environmental site development plan 45 review procedures. Directional-drilling and/or previously 46 cleared or disturbed areas shall be utilized in order to 47 minimize impacts to native habitats, where determined to be 48 28 G:\LDC AMENDMENTS\ADVISORY BOARDS AND PUBLIC HEARINGS\BCC\2024\01-23\MATERIALS\PL20230013966 - WCF LDCA (12-14- 2023).DOCX practicable. This requirement shall be deemed satisfied 1 upon issuance of a state permit in compliance with the 2 criteria established in Chapter 62C-25 through 62C-30, 3 F.A.C., as those rules existed on Oct. 3, 2005 [the effective 4 date of this provision], regardless of whether the activity 5 occurs within the Big Cypress Watershed, as defined in Rule 6 62C-30.001(2), F.A.C. All applicable Collier County 7 environmental permitting requirements shall be considered 8 satisfied by evidence of the issuance of all applicable federal 9 and/or state oil and gas permits for proposed oil and gas 10 activities in Collier County, so long as the state permits 11 comply with the requirements of Chapter 62C-25 through 12 62C-30, F.A.C. For those areas of Collier County outside 13 the boundary of the Big Cypress Watershed, 14 the applicant shall be responsible for convening the Big 15 Cypress Swamp Advisory Committee as set forth in Section 16 377.42, F.S., to assure compliance with Chapter 62C-25 17 through 62C-30, F.A.C., even if outside the defined Big 18 Cypress Watershed. All oil and gas access roads shall be 19 constructed and protected from unauthorized uses 20 according to the standards established in Rule 62C-21 30.005(2)(a)(1) through (12), F.A.C. 22 23 (c) Wireless communication facilities, subject to LDC section 24 5.05.09. 25 26 (cd) Conditional use approval criteria: In addition to the criteria 27 set forth in section 10.08.00 of this Code, the following 28 additional criteria shall apply to the approval of conditional 29 uses within RFMU sending lands: 30 31 * * * * * * * * * * * * * 32 # # # # # # # # # # # # # 33 34 2.03.09 - Open Space Zoning Districts 35 36 * * * * * * * * * * * * * 37 38 B. Conservation District "CON". The purpose and intent of the conservation district "CON" is 39 to conserve, protect and maintain vital natural resource lands within unincorporated Collier 40 County that are owned primarily by the public. All native habitats possess ecological and 41 physical characteristics that justify attempts to maintain these important natural resources. 42 Barrier islands, coastal bays, wetlands, and habitat for listed species deserve particular 43 attention because of their ecological value and their sensitivity to perturbation. All 44 proposals for development in the CON district must be subject to rigorous review to 45 ensure that the impacts of the development do not destroy or unacceptably degrade the 46 inherent functional values. The CON District includes such public lands as Everglades 47 National Park, Big Cypress National Preserve, Florida Panther National Wildlife Refuge, 48 29 G:\LDC AMENDMENTS\ADVISORY BOARDS AND PUBLIC HEARINGS\BCC\2024\01-23\MATERIALS\PL20230013966 - WCF LDCA (12-14- 2023).DOCX portions of the Big Cypress Area of Critical State Concern, Fakahatchee Strand State 1 Preserve, Collier-Seminole State Park, Rookery Bay National Estuarine Sanctuary 2 Research Reserve, Delnor-Wiggins State Park, and the National Audubon's Corkscrew 3 Swamp Sanctuary (privately owned), and C.R.E.W. It is the intent of the CON District to 4 require review of all development proposed within the CON District to ensure that the 5 inherent value of the County's natural resources is not destroyed or unacceptably altered. 6 The CON District corresponds to and implements the conservation land use designation 7 on the future land use map of the Collier County GMP. 8 9 * * * * * * * * * * * * * 10 11 c. Conditional uses. The following uses are permitted as conditional uses in the CON, 12 subject to the standards and procedures established in LDC section 10.08.00 and 13 further subject to: 1) submission of a plan for development as part of the 14 required EIS that demonstrates that wetlands, listed species and their habitat are 15 adequately protected; and 2) conditions which may be imposed by the Board of 16 County Commissioners, as deemed appropriate, to limit the size, location, and 17 access to the conditional use. 18 19 * * * * * * * * * * * * * 20 21 4. Staff housing in conjunction with safety service facilities and essential 22 services. 23 24 5. Wireless communication facilities, subject to LDC section 5.05.09. 25 26 * * * * * * * * * * * * * 27 # # # # # # # # # # # # # 28 29 4.02.01 Dimensional Standards for Principal Uses in Base Zoning Districts 30 31 * * * * * * * * * * * * * 32 33 D. Exemptions and exclusions from design standards. 34 35 1. The height limitations contained in LDC subsection 4.02.01 A. Table 2. Building 36 Dimension Standards for Principal Uses in Base Zoning Districts do not apply to 37 infrastructure in support of the building, such as mechanical penthouses, elevator 38 shafts, stair shafts, mechanical equipment, mechanical screening, spires, belfries, 39 cupolas, flagpoles, antennas, communications towers wireless communication 40 facilities, water tanks, fire towers when operated by a branch of government, 41 ventilators, chimneys, feed storage structures, silos, windmills, airport control 42 towers, or other appurtenances placed above the roof level and not intended for 43 human occupancy or for commercial purposes as provided below: 44 45 * * * * * * * * * * * * * 46 # # # # # # # # # # # # # 47 48 30 G:\LDC AMENDMENTS\ADVISORY BOARDS AND PUBLIC HEARINGS\BCC\2024\01-23\MATERIALS\PL20230013966 - WCF LDCA (12-14- 2023).DOCX 4.02.14 Design Standards for Development in the ST and ACSC-ST Districts 1 2 * * * * * * * * * * * * * 3 4 H. Exceptions from public hearing requirements. The County Manager or designee may 5 administratively approve a site alteration plan or site development plan for land designated 6 ST or ACSC-ST without the public hearing otherwise required by this section if: 7 8 * * * * * * * * * * * * * 9 10 4. Site alteration or site development around existing communication towers wireless 11 communication facilities to expand or construct accessory structures associated 12 with an already existing tower facility, not to exceed five acres. 13 14 * * * * * * * * * * * * * 15 # # # # # # # # # # # # # 16 17 4.06.05 - General Landscaping Requirements 18 19 * * * * * * * * * * * * * 20 21 B. Landscaping requirements for industrial and commercial development. For projects 22 subject to architectural design standards, see LDC section 5.05.08 F. for related 23 provisions. 24 25 * * * * * * * * * * * * * 26 27 2. Wireless Ccommunication towersfacilities. See LDC section 5.05.09 for landscape 28 requirements that are specific to wireless communication facilities. An 8-foot high, 29 100 percent architecturally finished opaque wall must screen the security fencing 30 that surrounds a tower base. In addition, landscaping must be located on the 31 outside of such wall. The hedge requirement must also be planted around any 32 ground level guy anchors. The entire perimeter of this wall shall be landscaped in 33 at least one of the following ways so as to provide the equivalent of minimum code 34 size trees located 25 feet on center and a 3-foot high hedge planted 3-feet on 35 center. 36 37 a. If native vegetation is present within the parcel, a minimum 20 foot 38 wide buffer strip must be preserved and used toward meeting the tree and 39 hedge planting requirement. 40 41 b. If native vegetation is present, but not dense enough to meet the equivalent 42 of the tree and hedge requirements, it must be supplemented with plantings 43 to meet the tree and hedge requirements. 44 45 31 G:\LDC AMENDMENTS\ADVISORY BOARDS AND PUBLIC HEARINGS\BCC\2024\01-23\MATERIALS\PL20230013966 - WCF LDCA (12-14- 2023).DOCX c. On sites where no native vegetation is present, a 15 foot wide landscape 1 buffer with minimum code size trees located 25 feet on center and a 3 foot 2 high hedge planted 3 feet on center must be planted. 3 4 At the discretion of the county landscape architect, some or all of these landscape 5 buffering requirements may be displaced to a right-of-way landscape 6 buffer located within the parcel when it better serves the public interest of 7 screening the communication tower. 8 9 * * * * * * * * * * * * * 10 # # # # # # # # # # # # # 11 12 4.08.06 - SSA Designation 13 14 * * * * * * * * * * * * * 15 16 B. SSA Credit Generation - Stewardship Credit System. Stewardship Credits (Credits) are 17 created from any lands within the RLSA District from which one or more Land Use Layers 18 are removed and that are designated as SSAs. Once land is designated as an SSA and 19 Credits or other compensation consistent with Policy 3.8 of the RLSA Overlay is granted 20 to the owner, no increase in density or additional uses not expressly identified in the 21 Stewardship Agreement shall be allowed on such property. A methodology has been 22 adopted in the GMP for the calculation of credits based upon: 1) the Natural Resource 23 Index Value of the land being designated as an SSA, and 2) the number of land use layers 24 being eliminated. 25 26 * * * * * * * * * * * * * 27 28 4. Land Use Layers to be Eliminated. A set of Land Use Layers has been established 29 as part of the Stewardship Credit Worksheet and adopted as the Land Use 30 Matrix set forth below. Each Layer incorporates a number of the permitted 31 or conditional uses allowed under the Baseline Standards. Each Layer listed below 32 has an established credit value (percentage of a base credit) developed during the 33 RLSA Study. At the time of designation application, a landowner wishing to have 34 his/her land designated as an SSA determines how many of the Land Use Layers 35 are to be removed from the designated lands. A Land Use Layer can only be 36 removed in its entirety (all associated activities/land use are removed), and Layers 37 shall be removed sequentially and cumulatively in the order listed below. 38 39 * * * * * * * * * * * * * 40 41 b. Land Use Matrix 42 43 32 G:\LDC AMENDMENTS\ADVISORY BOARDS AND PUBLIC HEARINGS\BCC\2024\01-23\MATERIALS\PL20230013966 - WCF LDCA (12-14- 2023).DOCX 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 1 * * * * * * * * * * * * * 2 3 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) 4 * * * * * * * * * * * * * 5 # # # # # # # # # # # # # 6 7 5.05.09 – Communications Towers Wireless Communication Facilities 8 9 A. Purpose and intent. The purpose and intent of this section is to regulate the siting, 10 construction, and modification of wireless communication facilities in the unincorporated 11 area of Collier County, to minimize adverse impacts to adjacent and nearby properties 12 and to otherwise protect the public health, safety, and welfare, while accommodating the 13 growing need for wireless communication services. 14 15 B. Applicability. These regulations are applicable to wireless communication facilities, 16 excluding those of a governmental entity where such facilities are utilized to provide intra-17 governmental communications not generally available to the public. 18 19 C. Exemptions. The following are exempt from this Section: 20 21 1. Noncommercial freestanding and structure-mounted "receive only" antennas that 22 receive direct broadcast satellite service or video programming services via multi-23 point distribution services, which are one meter or less in diameter in residential 24 zoning districts and three meters or less in diameter in nonresidential zoning 25 districts. These antennas shall meet all other requirements of the zoning district as 26 set forth in the LDC. 27 28 2. Amateur radio antennas and any tower to support the antenna that is owned and 29 operated by a federally licensed amateur radio station operator used exclusively 30 for noncommercial purposes. 31 32 33 G:\LDC AMENDMENTS\ADVISORY BOARDS AND PUBLIC HEARINGS\BCC\2024\01-23\MATERIALS\PL20230013966 - WCF LDCA (12-14- 2023).DOCX 3. Any tower or antenna that is owned, operated, or licensed by the Federal Aviation 1 Administration (FAA) and used exclusively for aircraft navigation (NAVAIDS). 2 3 4. Any antenna and any tower to support the antenna, not greater than 35 feet in 4 height, and used exclusively as an accessory use to Essential Services. 5 6 5. Wireless communication facilities within County Rights-of-Way as set forth in the 7 Code of Laws and Ordinances, Chapter 110, Article V. Communications Facilities 8 in the County Rights-of-Way. 9 10 D. Definitions specific to LDC section 5.05.09. 11 12 1. Alternative Tower Structure means manmade trees, clock towers, bell towers, 13 steeples, light poles and similar alternative-design mounting structures that 14 accommodate, camouflage, minimize, or conceal the presence of wireless 15 communication facility equipment. This does not include existing structures 16 erected for another primary purpose, but which subsequently have antennas 17 attached to or located within them, without any reconstruction of the original 18 structure. 19 20 2. Antenna means a transmitting and/or receiving device mounted on a tower, 21 building, or structure and used in wireless communication services that radiates or 22 captures electromagnetic waves, digital signal, analog signals, and radio 23 frequencies. Antennas include, but are not limited to, directional antennas such as 24 panel and microwave dish antennas, omni-directional antennas such as whips, 25 radar antennas, amateur radio antennas, and satellite earth stations. 26 27 3. Rooftop or Building Mounted Facility means an antenna that is attached to an 28 existing non-tower rooftop, structure, or building. The Facility includes all Support 29 Facilities regardless of where they are located with respect to the antennas. 30 31 4. Search Radius Area means the limited area certified by the provider’s Radio 32 Frequency Engineer within which the proposed wireless communication facility 33 needs to be located in order to resolve the provider’s coverage and/or capacity 34 issues in the surrounding area. There is not a standard numeric distance for a 35 search radius, but instead the search radius for a particular site depends on many 36 factors including, but not limited to, population to be served, geography, and 37 topography. 38 39 5. Support Facilities means any on-site or off-site building, cabinet, or equipment 40 enclosure that houses the electronics, backup power, power generators, and other 41 freestanding equipment associated with the operation of a Wireless 42 Communication Facility. 43 44 6. Temporary Wireless Communication Facility means any tower, pole, cell-on-45 wheels (COW), and/or tower-on-wheels antenna designed for use while a 46 permanent wireless communication facility is under construction or reconstruction, 47 34 G:\LDC AMENDMENTS\ADVISORY BOARDS AND PUBLIC HEARINGS\BCC\2024\01-23\MATERIALS\PL20230013966 - WCF LDCA (12-14- 2023).DOCX for a large scale special event or conference, or during a County declared 1 emergency. 2 3 7. Tower means a structure that is designed and constructed for the purpose of 4 supporting one or more antennas, including but not limited to guyed towers, lattice 5 towers, monopole towers, or alternative tower structures. Except for the 6 abandonment and financial responsibility provisions contained in this section, the 7 term shall not include a pole-attached antenna. 8 9 8. Tower, Guyed means a tower supported by one or more levels of braided or 10 stranded steel guy cables that anchor to the ground. 11 12 9. Tower, Lattice means a freestanding and segmentally designed with rectangular 13 or triangular base steel lattices. 14 15 10. Tower, Monopole means a single pole that can be a tubular section design or a 16 formed, tapered pole. 17 18 11. Wireless Communication Facility (WCF) means any equipment or facility used to 19 provide wireless communication services and may include, but is not limited to, 20 antennas, alternative tower structures, guyed towers, lattice towers, monopoles, 21 rooftop or building mounted facilities, and support facilities. Placing a wireless 22 communication facility on an existing structure does not cause the existing 23 structure to become a wireless communication facility. 24 25 12. Wireless Communication Facility Site or Site means the tracts of real property, 26 either owned or leased, on which the wireless communication facility is located. 27 28 13. Wireless Communication Services means any personal wireless services as 29 defined in the Federal Telecommunications Act of 1996, including but not limited 30 to cellular, personal communications services (PCS), specialized mobile radio 31 (SMR), enhanced specialized mobile radio (ESMR), paging, and similar services 32 that currently exist or that may in the future be developed. 33 34 E. Table of allowable wireless communication facilities by zoning district. 35 36 1. Table 1. identifies the type of wireless communication facility and where it is 37 allowed, either as permitted by right (P) or by Conditional Use (CU) approval. 38 Conditional Uses shall require approval in accordance with the procedures set 39 forth in LDC section 10.08.00. The term “NP” means the tower type is not 40 permitted. 41 42 43 44 45 46 47 48 35 G:\LDC AMENDMENTS\ADVISORY BOARDS AND PUBLIC HEARINGS\BCC\2024\01-23\MATERIALS\PL20230013966 - WCF LDCA (12-14- 2023).DOCX 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 36 G:\LDC AMENDMENTS\ADVISORY BOARDS AND PUBLIC HEARINGS\BCC\2024\01-23\MATERIALS\PL20230013966 - WCF LDCA (12-14- 2023).DOCX 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 37 G:\LDC AMENDMENTS\ADVISORY BOARDS AND PUBLIC HEARINGS\BCC\2024\01-23\MATERIALS\PL20230013966 - WCF LDCA (12-14- 2023).DOCX 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 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 38 G:\LDC AMENDMENTS\ADVISORY BOARDS AND PUBLIC HEARINGS\BCC\2024\01-23\MATERIALS\PL20230013966 - WCF LDCA (12-14- 2023).DOCX 1 ii. Bird diverter devices. Each guyed tower greater than 75 feet in 2 height above natural grade, shall have installed and maintained bird 3 diverter devices on each guy wire. 4 5 iii. Habitat loss. In addition to the requirements in Chapter 3, towers 6 and support facilities shall be designed, sited, and constructed to 7 minimize habitat loss within the WCF site. At such sites, road 8 access and fencing shall be designed and located to minimize on-9 site and adjacent habitat fragmentation and/or disturbances. 10 11 e. Design. Towers, excluding alternative tower structures, shall maintain a 12 galvanized gray finish or other approved compatible color, except as 13 required by federal rules or regulations. 14 15 f. Lighting. 16 17 i. No signals, lights, or illumination on towers shall be permitted 18 unless required by the Federal Aviation Administration (FAA) or 19 other applicable authority. If lighting is required the by FAA, the 20 alternatives chosen shall be the least obtrusive to the surrounding 21 community. 22 23 ii. Site lighting (not required by FAA) shall be elevated less than 20 24 feet above grade, fully shielded, and directed downward away from 25 neighboring properties. 26 27 g. Screening. 28 29 i. Wireless communication facilities shall be screened with a wall or 30 fence. The wall or fence shall be 100 percent opaque with a 31 minimum height of 8 feet and maximum height of 10 feet. The wall 32 or fence shall be designed to ensure that no unauthorized persons 33 can access the facility. Barbed wire is not a permitted material. 34 35 ii. Equipment cabinets. The overall height of ground-mounted 36 equipment or equipment enclosure shall not exceed 12 feet. 37 38 h. Landscaping. A minimum 10-foot wide Type A buffer that includes a 3-foot 39 high, continuous hedge planted 3 feet on center along the outside 40 perimeter of the wall or fence shall be required. Tree plantings within the 41 buffer shall be 12 feet in height at time of planting. 42 43 i. Existing, native vegetation on the subject site can be used to meet 44 these screening requirements. If native vegetation is present but 45 not dense enough to meet the requirements, supplemental 46 landscaping must be used to meet the screening requirements. 47 48 39 G:\LDC AMENDMENTS\ADVISORY BOARDS AND PUBLIC HEARINGS\BCC\2024\01-23\MATERIALS\PL20230013966 - WCF LDCA (12-14- 2023).DOCX ii. At the discretion of the County Manager or designee, some or all of 1 these landscape buffering requirements may be displaced to a road 2 right-of-way landscape buffer located within the parcel when it 3 better screens the tower. 4 5 i. Access and parking. Each wireless communication facility site shall have 6 access from a paved or unpaved driveway or access easement. The 7 driveway shall extend to an appropriate location on the premises to 8 accommodate a vehicle to be parked at the facility for normal maintenance. 9 One parking space shall be provided for each facility, and new towers 10 exceeding 185 feet in height shall require a minimum of two parking 11 spaces. 12 13 3. Standards applicable to all rooftop or building mounted facilities. 14 15 a. Rooftop equipment shall not occupy more than 25 percent of the roof area 16 and shall comply with the exterior building and site design standards. 17 18 b. Height limitations. 19 20 i. WCF located on a rooftop, structure, or building with a maximum 21 roofline of 20 feet or greater (measured from the average natural 22 grade) shall be permitted to have a maximum height of 20 feet 23 above the maximum roofline. 24 25 ii. WCF located on a building or structure with a maximum roofline less 26 than 20 feet (measured from the average natural grade) shall be 27 permitted to have a maximum height equal to the height of the 28 maximum roofline. 29 30 iii. WCF that are proposed to exceed the height requirements, as 31 provided herein, may be approved as a deviating component 32 through a Conditional Use request pursuant to LDC section 5.05.09 33 F.4. Distance from RSF-1 through RSF-6, and RMF-6 zoning 34 districts shall be additional criterion for Conditional Use approval. 35 36 c. Rooftop mounted facilities shall be set back from the closest outer edge of 37 the roof a distance of not less than 10 percent of the rooftop length and 38 width, but not less than five feet. 39 40 d. Antenna structures and dish type antennas shall use camouflage 41 techniques that incorporate architectural treatment to conceal or screen 42 their presence from public view through design to unobtrusively blend in 43 aesthetically with the surrounding environment. 44 45 e. Except for antennas that cannot be seen from street level, such as panel 46 antennas on parapet walls, antennas shall not extend out beyond the 47 vertical plane of any exterior wall. 48 40 G:\LDC AMENDMENTS\ADVISORY BOARDS AND PUBLIC HEARINGS\BCC\2024\01-23\MATERIALS\PL20230013966 - WCF LDCA (12-14- 2023).DOCX 1 f. The design elements of the building (i.e., parapet wall, screen enclosures, 2 other mechanical equipment) shall be used to screen the wireless 3 communication facility. 4 5 g. Co-location is not required for rooftop or building mounted facilities. 6 7 4. Relief from design and development standards. An applicant requesting a 8 Conditional Use may request a deviation from the design and development 9 standards of this section as part of the Conditional Use request. Criteria for the 10 deviation will be the criteria set forth in LDC section 10.08.00 D. 11 12 G. Publicly owned property. The applicant of a WCF may proceed at their own risk with the 13 submittal of an application for a WCF located on County-owned lands while the lease 14 agreement is pending; however, no development order shall be issued by the County until 15 such agreement or lease has been fully executed. All terms and provisions of the 16 agreement or lease shall be in a form that is acceptable to the County Attorney, including 17 a release from the County of all liability regarding the WCF. 18 19 1. Height limitations for wireless communication facilities on property owned, leased, 20 or otherwise controlled by public entities, including but not limited to federal, state, 21 and/or County entities shall be as follows: 22 23 a. Facilities that are 185 feet or less in height are a permitted use by right in 24 all zoning districts. 25 26 b. Facilities that are greater than 185 feet in height shall require a Conditional 27 Use. 28 29 c. Facilities utilizing this exemption must meet all separation requirements of 30 LDC section 5.05.09 F.2.c. and Airport Overlay regulations in the LDC. 31 32 H. Wireless communication facilities in the Estates (E) Zoning District. 33 34 Wireless communication facilities are allowed on parcels designated in the Urban or Rural 35 Golden Gate Estates Sub-element in the Golden Gate Area Master Plan and are subject 36 to the following: 37 38 1. The parcel shall be a minimum 2.25 acres and adjacent to an arterial or collector 39 road. 40 41 2. The wireless communication services provider has provided evidence that the 42 service provider's search radius for the tower location requires placement of the 43 tower in the Estates Zoning District to meet its coverage requirements and that the 44 WCF cannot be co-located on an existing tower and provide the same quality 45 service coverage. 46 47 I. Application requirements in addition to the requirements of LDC section 10.02.00. 48 41 G:\LDC AMENDMENTS\ADVISORY BOARDS AND PUBLIC HEARINGS\BCC\2024\01-23\MATERIALS\PL20230013966 - WCF LDCA (12-14- 2023).DOCX 1 1. Supplemental tower application requirements. 2 3 a. Evidence from a Radio Frequency Engineer that the proposed facilities 4 cannot be installed on another structure in Collier County and shall be 5 located at the proposed site to meet coverage requirements with a 6 composite propagation study illustrating, graphically, existing, and 7 proposed coverage in industry-accepted median received signal ranges. 8 9 b. If co-location is not available, the applicant shall submit an affidavit stating 10 that the applicant made diligent efforts for permission to install or co-locate 11 the WCF on all existing support structures located within the search radius 12 for the proposed tower. The applicant shall establish in the application that: 13 they are unable to provide service at existing sites nearby; no other existing 14 tower is available (including utility poles); and that no reasonable 15 alternative technology can accommodate the WCF due to one or more of 16 the following factors: 17 18 i. Insufficient height to allow the WCF to function reasonably in parity 19 with similar facilities; 20 21 ii. Insufficient structural strength to support the WCF; 22 23 iii. Insufficient space to allow the WCF to function effectively and 24 reasonably in parity with similar equipment; 25 26 iv. Resulting electromagnetic interference which cannot reasonably be 27 corrected; 28 29 v. Unavailability of a reasonable leasing agreement; and/or 30 31 vi. Other limiting factors. 32 33 2. Supplemental rooftop or building mounted facility application requirements. 34 35 a. These facilities shall require a Site Development Plan approval, pursuant 36 to LDC subsection 10.02.03 E or F. 37 38 3. A copy of each application for a WCF that is greater than 150 feet in height shall 39 be supplied by the applicant to the Collier Mosquito Control District or designee. 40 41 J. Inspections. 42 43 1. All guyed towers exceeding 185 feet in height shall be inspected every three years. 44 All other towers shall be inspected every five years. Each inspection shall be 45 conducted by a qualified professional engineer or other qualified professional 46 inspector, and any inspector-recommended repairs and/or maintenance should be 47 42 G:\LDC AMENDMENTS\ADVISORY BOARDS AND PUBLIC HEARINGS\BCC\2024\01-23\MATERIALS\PL20230013966 - WCF LDCA (12-14- 2023).DOCX completed without unnecessary delay. At a minimum, each inspection shall include 1 the following: 2 3 a. Tower structure: Including bolts, loose, or damaged members, and signs 4 of unusual stress or vibration. 5 6 b. Guy wires and fittings: Check for age, strength, rust, wear, general 7 condition, and any other signs of possible failure. 8 9 c. Guy anchors and foundations: Assess for cracks in concrete, signs of 10 corrosion, erosion, movement, secure hardware, and general site 11 condition. 12 13 d. Condition of antennas, transmission lines, lighting, painting, insulators, 14 fencing, grounding, and elevator, if any. 15 16 e. For guyed towers: Tower vertical alignment and guy wire tension (both 17 required tension and present tension). 18 19 2. A copy of each inspection report shall be filed with the County Manager or 20 designee no later than December 1 of the respective inspection year. If the report 21 recommends that repairs or maintenance are required, a letter shall be submitted 22 to the County Manager or designee to verify that such repairs and/or maintenance 23 have been completed. The County shall have no responsibility under this section 24 regarding such repairs and/or maintenance. 25 26 M. Abandonment. 27 28 1. Collier County may require removal of any abandoned or unused wireless 29 communications facility by the owner within 60 calendar days of confirming 30 abandonment. A WCF shall be considered abandoned if use has been 31 discontinued for 180 consecutive calendar days as determined by Collier County. 32 33 2. Where a WCF is abandoned but not removed within the specified timeframe, the 34 County may remove it and place a lien on the property following procedures set 35 forth in the Collier County Code of Laws and Ordinances, Article VI, Sec. 22-245. 36 37 3. Where a WCF is utilized for other purposes, including but not limited to lighting 38 standards and power poles, it shall not be considered abandoned if still being 39 maintained in good condition. 40 41 4. Where a WCF is removed by an owner, the owner shall restore the area to as good 42 of a condition as prior to the placement of the facility, unless otherwise instructed 43 by Collier County. 44 45 A. Purpose and intent. This section applies to specified communication towers that support 46 any antenna designed to receive or transmit electromagnetic energy, such as, but not 47 limited to, telephone, television, radio, or microwave transmissions. This section sets 48 43 G:\LDC AMENDMENTS\ADVISORY BOARDS AND PUBLIC HEARINGS\BCC\2024\01-23\MATERIALS\PL20230013966 - WCF LDCA (12-14- 2023).DOCX standards for construction and facilities siting; and is intended to minimize, where 1 applicable, adverse visual impacts of towers and antennas through careful design, siting, 2 and vegetation screening; to avoid potential damage to adjacent properties from tower 3 failure; to maximize the use of specified new communication towers and, thereby, to 4 minimize the need to construct new towers; to maximize the shared use of specified tower 5 sites to minimize the need for additional tower sites; to lessen impacts new ground 6 mounted towers could have on migratory and other species of birds; to prevent 7 unnecessary habitat fragmentation and/or disturbance in siting and designing new towers; 8 and to consider the concerns of the Collier Mosquito Control District as to low flying 9 mosquito control aircraft safety. 10 11 B. Definitions unique to communications towers, section 5.05.09. 12 13 1. As used herein "antenna" does not include (a) wire antennas or (b) "receive only" 14 dishes that have an outside diameter of less than 40 inches. 15 16 2. Effective radius means a radius of 6 miles from the respective tower unless a lesser 17 radius is approved. 18 19 3. Lesser effective radius means an approved radius of less than 6 miles. 20 21 4. "Unavailable to the applicant" means a tower that cannot accommodate the 22 applicant's proposed antenna or a site that cannot accommodate the applicant's 23 tower, antenna, and related facilities. 24 25 5. "Unavailable" means that no additional tower or site capacity is available to 26 anyone. 27 28 C. Migratory Birds and other Wildlife Considerations. 29 30 1. Ground Mounted towers. Except to the extent not feasible for the respective new 31 ground mounted tower's intended purpose(s), each new ground mounted tower 32 that will exceed a height of 75 feet (above ground), exclusive of antennas, but will 33 not exceed a height of 199 feet above natural grade, exclusive of antennas, should 34 not be guyed. If the applicant proposes that a new ground mounted tower within 35 this height range be guyed, the applicant shall have the burden of proving the 36 necessity of guying the tower. 37 38 2. Bird Diverter Devices. Each new ground mounted guyed tower installed on or after 39 February 20, 2004, greater then 75 feet in height above natural grade, exclusive 40 of antennas, shall have installed and maintained bird diverter devices on each guy 41 wire (to reduce injuries to flying birds). 42 43 3. Habitat Loss. In addition to the requirements in Chapters 3 and 10, towers and 44 other on-site facilities shall be designed, sited, and constructed to minimize habitat 45 loss within the tower footprint. At such sites, road access and fencing, to the extent 46 feasible, shall be utilized to minimize on-site and adjacent habitat fragmentation 47 and/or disturbances. 48 44 G:\LDC AMENDMENTS\ADVISORY BOARDS AND PUBLIC HEARINGS\BCC\2024\01-23\MATERIALS\PL20230013966 - WCF LDCA (12-14- 2023).DOCX 1 4. Security Lighting. When feasible, security lighting to protect on-ground 2 facilities/equipment shall be down-shielded to try to keep such light within the 3 outermost geographic boundaries of the tower's footprint. 4 5 D. Shared use of towers. A tower with a height in excess of 185 feet above natural grade 6 shall not be approved, unless the applicant demonstrates that no old or approved tower 7 within the effective radius can accommodate the applicant's proposed antenna and 8 ancillary equipment. Towers owned by or leased to any government are exempt from 9 these shared use provisions, except as to sharing with other governments. 10 11 1. For the purpose of discovering availability for use of towers within the effective 12 radius, the applicant shall contact the owner of all old and approved towers, within 13 the effective radius, that can possibly accommodate the needs of the applicant. 14 The county manager or designee may preapprove the minimum allowable height 15 to determine which towers may be available for use by the applicant. A list of all 16 owners contacted, the date of each contact, the form and content of each contact, 17 and all responses shall be a part of the conditional use application. As an 18 accommodation to applicants, the county manager or designee shall retain all 19 shared use plans, records of past responses, and a list of old and approved towers. 20 If the owner of an old tower does not respond to the applicant's inquiry within a 21 reasonable time, generally 30 days or less, or the owner of an old tower will not 22 rent space to the applicant at a reasonable rental for a reasonable time period, 23 such old tower shall be deemed unavailable to that applicant. If the old tower is a 24 nonconforming structure, additional antennas may be installed thereon in 25 accordance with an approved shared use plan, provided however, no structural 26 alterations may be made to the tower, and the height of the tower inclusive of its 27 antennas may not be increased. 28 29 2. Lesser effective radius. If the applicant asserts that the effective radius for the 30 intended use is less than 6 miles, the applicant shall provide evidence that the 31 asserted lesser effective radius is based on physical and/or electrical 32 characteristics. Based on the evidence submitted by the applicant, the County 33 Manager or designee may establish a lesser effective radius. If a radius can be 34 increased by signal amplification or other means, such means must be considered 35 in determining the lesser effective radius. The antenna manufacturer's 36 specifications shall be conclusive, unless the applicant can prove they are incorrect 37 in the specific case. 38 39 3. If an approved tower within the applicant's approved effective radius may have 40 capacity available for the antenna proposed by the applicant, the application for a 41 new tower shall not be complete without the following information regarding each 42 such possibly available approved tower. Such information shall also be provided 43 for old towers to the extent it can be obtained. 44 45 Identification of the site of each possibly available tower by coordinates, street 46 address or legal description, existing uses, and tower height. 47 48 45 G:\LDC AMENDMENTS\ADVISORY BOARDS AND PUBLIC HEARINGS\BCC\2024\01-23\MATERIALS\PL20230013966 - WCF LDCA (12-14- 2023).DOCX Whether shared use by the applicant of the tower is prohibited (or is not feasible) 1 for any reason. 2 3 If it has been determined that the tower owner will allow structural changes, 4 whether the tower can accommodate the proposed antenna if reasonable 5 structural changes are made. If so, the applicant shall specify what structural 6 changes would be required and an approximation of the costs of such changes. If 7 the costs of the required changes are financially impracticable, such tower shall be 8 deemed unavailable to the applicant. 9 4. The applicant shall contact the owner of each possibly available approved tower 10 to request the needed information. To enable the tower owner to respond, the 11 applicant shall provide the following information regarding the applicant's proposed 12 antenna and equipment: 13 14 a. All output frequencies of transmitter. 15 16 b. Type of modulation, polarization of radiation, and proposed use of antenna. 17 18 c. Manufacturer, type, manufacturer's model number, a diagram of the 19 antenna's radiation pattern, and the manufacturer's specifications. 20 21 d. Power input to antenna and gain of antenna in decibels with respect to an 22 isotopic radiator. 23 24 e. Range in feet of maximum and minimum height of antenna above base of 25 tower. 26 27 f. A list of necessary ancillary equipment and description of the type of 28 transmission cable to be used. 29 30 g. Any other pertinent information needed to enable the owner to respond in 31 full to the inquiry. 32 33 E. Shared use of tower sites. A tower with a height in excess of 185 feet above natural grade 34 shall not be approved on a new tower site unless the applicant demonstrates that the 35 proposed tower, antennas, and accessory structures or uses cannot be located on any 36 conforming old site or approved site situated within the effective radius. Sites owned by 37 any government or leased to any government are exempt from these shared use 38 provisions except to other governments. 39 40 1. Except as to each old site or approved site determined by the County Manager or 41 designee, or in a shared use plan to be unavailable to the applicant, the applicant 42 shall contact the owner of all other conforming old sites and approved tower sites, 43 within the effective radius, containing sufficient land area to possibly accommodate 44 the needs of the applicant. 45 46 2. For each such possibly available tower site, the application for a new tower site 47 shall not be complete without the following information: 48 46 G:\LDC AMENDMENTS\ADVISORY BOARDS AND PUBLIC HEARINGS\BCC\2024\01-23\MATERIALS\PL20230013966 - WCF LDCA (12-14- 2023).DOCX 1 a. Identification of the proposed new tower site by coordinates, street address 2 or legal description, area, existing uses, topography, and significant natural 3 features. 4 5 b. Evidence that no old and no approved tower site within the effective radius 6 can accommodate the applicant's needs. 7 8 c. If the owner of an old tower site does not respond to the applicant's simple 9 letter of interest inquiry within thirty (30) days, or the owner of an old tower 10 site will not rent land to accommodate the applicant's needs for a 11 reasonable period of time at reasonable rentals, such old tower site shall 12 be deemed unavailable to the applicant. 13 14 d. The applicant is not required to supply this information to owners of 15 conforming old sites unless the old site appears to be available to the 16 applicant by a shared use plan or the site's owner has responded positively 17 to the applicant's initial letter of inquiry. To enable the site owner to 18 respond, the applicant shall provide the site owner (and the owner of any 19 tower on the site) with the dimensional characteristics and other relevant 20 data about the tower, and a report from a professional engineer licensed in 21 the State of Florida, or other qualified expert, documenting the following: 22 23 e. tower height and design, including technical, engineering, and other 24 pertinent factors governing the intended uses and selection of the proposed 25 design. An elevation and a cross section of the towers tructure shall be 26 included. 27 28 f. Total anticipated capacity of the tower, including number and types of 29 antennas and needed transmission lines, accessory use needs including 30 specification of all required ancillary equipment, and required building and 31 parking space to accommodate same. 32 33 g. Evidence of structural integrity of the proposed tower as required by the 34 building official and, for metal towers, a statement promising full 35 compliance with the then latest edition of the standards published by the 36 Electronic Industries Association (currently EIA/TIA 222-E), or its 37 successor functional equivalent, as may be amended for local application. 38 39 3. If the site owner, or owner of a tower on the respective site, asserts that the site 40 cannot accommodate the applicant's needs, the respective owner shall specify in 41 meaningful detail reasons why the site cannot accommodate the applicant. To the 42 extent information is current and correct in the respective tower site's approved 43 shared use plan, the site owner or tower owner can refer the applicant to the 44 respective shared use plan. If the shared use plan is not then up-to-date, the plan 45 shall be brought up-to-date immediately by the owner and the written reply to the 46 applicant shall specify to what extent the shared use plan is incorrect, incomplete, 47 or otherwise not up-to-date. 48 47 G:\LDC AMENDMENTS\ADVISORY BOARDS AND PUBLIC HEARINGS\BCC\2024\01-23\MATERIALS\PL20230013966 - WCF LDCA (12-14- 2023).DOCX 1 4. No provision in a shared use plan, land lease, mortgage, option to purchase, lease-2 option, contract for deed, or other controlling document shall provide, or have the 3 effect, that the site is exclusive to one (1) tower, unless there is good reason for 4 such restriction, other than the prevention of competition or a desire or inclination 5 not to cooperate in good faith. If the site size is physically and electrically 6 compatible with the installation on-site of any other tower, no such document shall 7 prevent other towers, except for reasons approved by the County Manager or 8 designee. An unapproved document provision of tower exclusivity shall be grounds 9 to disapprove an application for tower site approval. 10 11 F. Required sharing. Each new tower in excess of 185 feet in height (shared use tower), 12 except towers that are approved to be perpetually unavailable, shall be designed to 13 structurally accommodate the maximum amount of additional antenna capacity 14 reasonably practicable. Although it is not required that a new tower be constructed at 15 additional expense to accommodate antennas owned by others, no new tower shall be 16 designed to accommodate only the tower owner's proposed antennas when, without 17 additional expense, antenna space for other owners can be made available on the tower. 18 19 1. Shared use plans. Each shared use plan shall be in a standard format that has 20 been approved by the County Manager or designee. Each shared use plan shall 21 specify in detail to what extent there exists tower and/or site capacity to 22 accommodate additional antennas and/or additional towers, ancillary equipment, 23 and accessory uses. Available antenna capacity on a tower shall be stated in 24 detailed clearly understandable terms, and may be stated in equivalent flat plate 25 area and total additional available transmission line capacity. The tower owner (as 26 to tower shared use plans) and the landowner (as to site shared use plans) shall 27 update its respective approved shared use plans by promptly filing pertinent 28 update information with the County Manager or designee. Owners of old towers 29 and/or old sites may file shared use plans in accord with this section. 30 31 2. Reservation of capacity. If an applicant for a shared use tower does not plan to 32 install all of its proposed antennas during initial construction of the tower, the 33 applicant must specify the planned schedule of installing such later added 34 antennas as part of the shared use plan. An applicant cannot indefinitely prevent 35 the use of unused available antenna space on a tower by reserving to itself such 36 space. No available space can be reserved for the owner or anyone else, unless 37 approved in the shared use plan. If an antenna is not installed by the scheduled 38 deadline, the reserved space shall automatically be rendered available for use by 39 others, unless the shared use plan has, by the deadline, been amended with the 40 approval of the County Manager or designee. Deadlines may be extended even if 41 the tower is a nonconforming structure. If space has been reserved in a shared 42 use plan for future additional antenna use by the tower owner and it becomes clear 43 that such space will not be utilized by the owner, the shared use plan shall be 44 amended promptly to reflect the availability of such space. 45 46 48 G:\LDC AMENDMENTS\ADVISORY BOARDS AND PUBLIC HEARINGS\BCC\2024\01-23\MATERIALS\PL20230013966 - WCF LDCA (12-14- 2023).DOCX 3. Reservation of site capacity. The policy stated above applies also to additional 1 tower space on an approved tower site to prevent indefinite reservation of available 2 site space. 3 4 4. Height bonus for sharing. Notwithstanding anything to the contrary in any County 5 ordinance, any existing conforming or nonconforming tower may be permitted a 6 one-time increase in height, provided: 7 8 a. Any such increase in height does not exceed thirty (30) feet or twenty (20) 9 percent of the height of the existing tower, whichever is less; 10 11 b. The cost of such increase in height does not exceed fifty (50) percent of 12 the actual replacement cost of the tower at the time of the application; 13 14 c. A shared use plan covering the tower with the increased height is first 15 approved by the County Manager or designee; 16 17 d. The increase in height does not cause the proposed tower to exceed any 18 required maximum height requirement for towers or make a legally 19 conforming tower become nonconforming; 20 21 e. Substantiated proof that such proposed antenna(s) may not be placed on 22 the existing tower by relocating or adjusting existing antennas and 23 equipment shall be submitted by an appropriate professional engineer 24 certified to practice in the State of Florida; and 25 26 f. A site development plan shall be submitted for review and approval if an 27 increase in tower height requires placement of, or addition to, an antenna 28 equipment building or support building. 29 30 5. Filing shared use plans. Each approved shared use plan shall be filed and 31 recorded in the Office of the Collier County Clerk of Court prior to any site 32 development plan approval. A copy of the initial shared use plan shall be filed with, 33 and approved by, the County Manager or designee prior to conditional use 34 approval. 35 36 6. Shared use plans for old towers and old tower sites. Initial shared use plans and 37 amendments for old towers require approval of the County Manager or designee. 38 Initial shared use plans and amendments for old tower sites require approval of 39 the BCC, except where an amendment reduces site and/or antenna capacity. 40 41 7. Transmitting and receiving equipment serving similar kinds of uses shall, to the 42 extent reasonable and commercially practicable, be placed on a shared use tower 43 in such a manner that any of the users in a group can operate approximately equal 44 to other users in the group utilizing substantially similar equipment. 45 46 8. Once a shared use plan for a tower is approved, additional antennas may be added 47 to that tower in accordance with the approved shared use plan without additional 48 49 G:\LDC AMENDMENTS\ADVISORY BOARDS AND PUBLIC HEARINGS\BCC\2024\01-23\MATERIALS\PL20230013966 - WCF LDCA (12-14- 2023).DOCX conditional use approval even if the tower is then a nonconforming structure. The 1 shared use plan shall be immediately updated to reflect each such change. 2 Likewise, once a new shared use plan for a tower site is approved, additional 3 towers and accessory buildings and uses may be added to that site in accordance 4 with the plan without additional conditional use approval, even if the site is then 5 nonconforming. The shared use plan shall be immediately updated to reflect each 6 change. 7 8 9. For each tower with a height in excess of 185 feet that is approved, the tower 9 owner shall be required, as a condition of approval, to file an approved shared use 10 plan, except when a government tower is approved to be perpetually unavailable. 11 To the extent that there is capacity for other antennas on the tower, the plan shall 12 commit the tower owner and all successor owners to allow shared use of the tower 13 in accordance with the shared use plan for antennas of others at reasonable rates. 14 The initial proposed rates (or a range of reasonable rates) shall be specified in the 15 shared use plan, and shall be amended each time the rates are changed. When 16 antenna space on a tower is rented to others, each rental agreement shall be filed 17 with the shared use plan. Any agreement that purports to reserve antenna space 18 for future use must be approved by the County Manager or designee. 19 10. For each new shared use tower site that is approved, the owner shall be required, 20 as a condition of approval, to file an approved shared use plan, except as to a 21 government site that is approved to be perpetually unavailable. If there is land 22 available on the site to accommodate additional towers and accessory facilities, 23 the plan shall commit the landowner and successor owners to accommodate such 24 additional facilities on the site at reasonable rents (or a range of reasonable rents) 25 which shall be specified in the shared use plan. When land is rented for facilities 26 on the site, the rental agreement shall be filed with the shared use plan. Any 27 agreement that purports to reserve land for future use of a tower and other facility 28 space must be approved by the County Manager or designee. 29 30 11. Each new tower owner or site owner, as the case may be, shall agree, as a 31 condition of approval, to respond, in writing, in a comprehensive manner within 32 thirty (30 days) to each request for information from a potential shared use 33 applicant. Government owners need to reply only to requests from another 34 government. To the extent that correct and up-to-date information is contained in 35 an approved shared use plan, the owner may refer the applicant to the shared use 36 plan for the information. If the shared use plan is incorrect, incomplete, or 37 otherwise not up-to-date, the respective owner shall, in the response, specify, in 38 detail, such information, and shall immediately bring the shared use plan up-to-39 date. 40 41 12. The tower owner or site owner, as the case may be, shall, as a condition of 42 approval, negotiate in good faith for shared use of tower space and/or site space 43 by applicants in accordance with its shared use plan. 44 45 13. All conditions of approval regarding a tower shall run with the ownership of the 46 tower and be binding on all subsequent owners of the tower. All conditions of 47 50 G:\LDC AMENDMENTS\ADVISORY BOARDS AND PUBLIC HEARINGS\BCC\2024\01-23\MATERIALS\PL20230013966 - WCF LDCA (12-14- 2023).DOCX approval regarding an approved tower site shall run with the land and be binding 1 on all subsequent owners of the tower site. 2 3 G. Development standards for communication towers. 4 5 1. Except to the extent that amateur radio towers, and ground-mounted antennas 6 with a height not to exceed twenty (20) feet, are exempted by subsection 5.05.09 7 herein, no new tower of any height shall be permitted in the RSF-1 through RSF-8 6, RMF-6, VR, MH, TTRVC, and E zoning districts. However, notwithstanding other 9 provisions of this section, including the separation requirements of subsection 10 5.05.09 G.7. below, towers may be allowed to any height as a conditional use in 11 the Estate (E) zoning district only on parcels designated as Urban or Rural Golden 12 Gate Estates Sub-Element in the Golden Gate Area Master Plan or sites approved 13 for a specified essential service listed in subsection 5.05.09 G.3. below. There shall 14 be no exception to this subsection except for conditional use applications by a 15 government for a governmental use. 16 17 2. Permitted ground-mounted towers. Towers not exceeding the stated maximum 18 heights are a permitted use, subject to other applicable provisions of this section, 19 including separate requirements and shared use provisions. towers that exceed 20 those specified maximum heights require a variance in accordance with section 21 9.04.00. 22 a. All commercial and industrial zoning districts and urban designated area 23 agricultural zoning districts: Any tower up to seventy-five (75) feet in height 24 is a permitted use, provided the base of such tower is separated a minimum 25 distance of seventy-five (75) feet from the nearest boundary with any parcel 26 of land zoned RSF-1 through RSF-6, RMF-6, E, RMF-12, RMF-16, RT, VR, 27 MH, TTRVC, or PUD permitting six (6) residential dwelling units or less. 28 Any tower that exceeds seventy-five (75) feet in height, up to a height of 29 185 feet, is a lawful use, only if permitted or otherwise provided in the 30 respective zoning district, and the base of such tower is separated from the 31 nearest boundary of any parcel of land zoned RSF-1 through RSF-6, RMF-32 6, E, RMF-12, RMF-16, RT, VR, MH, TTRVC, or PUD zoning of six (6) 33 residential dwelling units or less, by a minimum distance in feet determined 34 by multiplying the height of the tower (in feet) by a factor of two and one-35 half (2.5). (The minimum separation distance is two and one-half (2 ½) 36 times the height of the tower.) towers which do not meet the separation 37 requirement may apply for a variance in accordance with section 9.04.00. 38 39 b. Agricultural zoning districts within the rural designated area: Towers shall 40 not exceed 250 feet in height. 41 42 c. All agricultural zoning districts: No tower that exceeds 250 feet in height 43 exclusive, of any antenna affixed thereto, shall be allowed on any site 44 comprising less than ten (10) acres under common ownership or control, 45 except such towers can be approved as a conditional use on sites of less 46 than ten (10) acres if the applicant cannot, with economic feasibility, 47 51 G:\LDC AMENDMENTS\ADVISORY BOARDS AND PUBLIC HEARINGS\BCC\2024\01-23\MATERIALS\PL20230013966 - WCF LDCA (12-14- 2023).DOCX acquire title to, or control of, a suitable tower site of at least ten (10) acres 1 in the required geographic vicinity of the proposed tower site. 2 3 3. Essential services—Specified conditional uses Except in the RSF-1 through RSF-4 6, and RMF-6 zoning districts, towers may be allowed to any height as a conditional 5 use on sites approved for a conditional use essential service for any of the following 6 conditional uses: safety service facilities including, but not necessarily limited to, 7 fire stations, sheriff's substation or facility, emergency medical services facility, and 8 all other similar uses where a communications tower could be considered an 9 accessory or logically associated use with the safety service conditional use on the 10 site. In addition, communications towers can be approved as a conditional use for 11 a stand-alone essential service facility, provided the tower is to be owned by, or to 12 be leased to, a governmental entity, and the primary uses of the tower are for 13 governmental purposes. 14 15 4. New towers shall be installed only on rooftops in the RMF-12, RMF-16, and RT 16 zoning districts, except amateur radio towers with a height not to exceed seventy-17 five (75) feet above the natural grade, and ground-mounted antennas with a height 18 not to exceed twenty (20) feet above the natural grade, are permitted within these 19 zoning districts. 20 21 22 5. Ground-mounted monopole communication towers up to 150 feet in height above 23 the natural grade, including antennas affixed thereto, may be allowed as a 24 conditional use within these zoning districts. The height of each monopole 25 communication tower shall be limited to the height necessary for its use at its 26 location. 27 28 6. Rooftop towers, antenna structures, and antennas. 29 30 a. Rooftop towers, antenna structures, and antennas are allowed in all zoning 31 districts except the RSF-1 through RSF-6, RMF-6, and E zoning districts. 32 33 b. Rooftop towers, antenna structures, and antennas are, as specified, 34 subject to the following: 35 36 i. Permitted uses. Rooftop antenna structures and antennas are a 37 permitted use up to a height of twenty (20) feet above the maximum 38 roofline, provided the height of the maximum roofline is twenty (20) 39 feet or more above the average natural grade. If the maximum 40 roofline is less than twenty (20) feet above the average natural 41 grade, an antenna structure and/or antenna is a permitted use up 42 to a height that equals the distance from the average natural grade 43 to the maximum roofline. For example, if the distance from the 44 average natural grade to the maximum point of the roofline is fifteen 45 (15) feet, an antenna structure and/or antenna is a permitted use 46 up to a height of fifteen (15) feet above the maximum roofline. Any 47 antenna structure, tower, or antenna that exceeds its permitted use 48 52 G:\LDC AMENDMENTS\ADVISORY BOARDS AND PUBLIC HEARINGS\BCC\2024\01-23\MATERIALS\PL20230013966 - WCF LDCA (12-14- 2023).DOCX height, as provided herein, shall require conditional use approval, 1 and the maximum allowable height of the structure, tower, and all 2 antennas shall be determined in each specific case. Distance from 3 RSF-1 through RSF-6, and RMF-6 zoning districts shall be a major 4 consideration in determining the allowable height of rooftop 5 facilities. 6 7 ii. Towers and antenna structures shall be set back from the closest 8 outer edge of the roof a distance of not less than ten (10) percent 9 of the rooftop length and width, but not less than five (5) feet, if the 10 antenna can function at the resulting location. 11 12 iii. Antenna structures and dish type antennas shall be painted to make 13 them unobtrusive. 14 15 iv. Except for antennas that cannot be seen from street level, such as 16 panel antennas on parapet walls, antennas shall not extend out 17 beyond the vertical plane of any exterior wall. 18 19 v. Where technically feasible, dish type antennas shall be constructed 20 of open mesh design. 21 22 vi. Where feasible, the design elements of the building (i.e., parapet 23 wall, screen enclosures, other mechanical equipment) shall be 24 used to screen the communications tower, structure, and antennas. 25 26 vii. The building and roof shall be capable of supporting the roof-27 mounted antenna, structure, and tower. 28 i. No rooftop shall be considered a tower site. This section does not 29 require any sharing of any rooftop, rooftop tower, or antenna 30 structure. 31 32 7. With the exception of rooftop towers and towers on essential services sites, each 33 new communication tower shall meet the following separation requirements: 34 35 a. Each new tower that exceeds 185 feet in height shall be located not less 36 than two and one-half (2.5) times the height of the tower from all RSF-1 37 through RSF-6, and RMF-6 zoning districts, including PUDs where the 38 adjacent use(s) is/are, or comparable to, the RSF-1 through RSF-6 and 39 RMF-6 zoning districts. If a part of a PUD is not developed, and it is 40 inconclusive whether the part of a PUD area within such minimum 41 separation distance from the proposed tower site may be developed with a 42 density of six (6) units per acre or less, it shall be presumed that the PUD 43 area nearest to the proposed site will be developed at the lowest density 44 possible under the respective PUD. 45 46 b. In addition, each such new tower that exceeds a height of seventy-five (75) 47 feet, excluding antennas, shall be separated from all boundaries of 48 53 G:\LDC AMENDMENTS\ADVISORY BOARDS AND PUBLIC HEARINGS\BCC\2024\01-23\MATERIALS\PL20230013966 - WCF LDCA (12-14- 2023).DOCX surrounding property zoned RMF-12, RMF-16, E, RT, VR, MH, TTRVC, H, 1 and the residential areas of PUDs with existing or planned densities greater 2 than six (6) units per acre by not less than the total height of the tower 3 including its antennas; and from all other surrounding property boundaries 4 by a distance not less than one-half (½) the height of the tower and its 5 antennas, or the tower's certified collapse area, whichever distance is 6 greater. 7 8 c. Communication towers in the Estate (E) zoning district shall be separated 9 from residentially zoned properties as follows: 10 11 i. New towers up to 75 feet in height shall be located not less than the 12 total height of the tower and antennas from all residentially zoned 13 properties. 14 15 ii. New towers over 75 feet in height shall be located not less than two 16 and one-half times the height of the tower and antennas, or the 17 certified collapse area, whichever distance is greater, from all 18 residentially zoned properties. 19 20 8. All owners of approved towers are jointly and severally liable and responsible for 21 any damage caused to off-site property as a result of a collapse of any tower 22 owned by them. 23 24 9. Placement of more than one (1) tower on a land site is preferred and encouraged, 25 and may be permitted, provided, however, that all setbacks, design, and landscape 26 requirements are met as to each tower. structures may be located as close to each 27 other as technically feasible, provided tower failure characteristics of the towers on 28 the site will not likely result in multiple tower failures in the event that one (1) tower 29 fails, or will not otherwise present an unacceptable risk to any other tower on the 30 site. It shall be the policy of the County to make suitable County-owned land 31 available for towers and ancillary facilities at reasonable rents. 32 33 34 10. Any accessory buildings or structures shall meet the minimum yard requirements 35 for the respective zoning district. accessory uses shall not include offices, long-36 term vehicle storage, outdoor storage, broadcast studios except for temporary 37 emergency purposes, or other structures and/or uses that are not needed to send 38 or receive transmissions, and in no event shall such uses exceed twenty-five (25) 39 percent of the floor area used for transmission or reception equipment and 40 functions. Transmission equipment shall be automated, to the greatest extent 41 economically feasible, to reduce traffic and congestion. Where the site abuts, or 42 has access to, a collector street, access for motor vehicles shall be limited to the 43 collector street. All equipment shall comply with the then applicable noise 44 standards. 45 46 11. For new commercial towers exceeding 185 feet in height, a minimum of two (2) 47 parking spaces shall be provided on each site. An additional parking space for 48 54 G:\LDC AMENDMENTS\ADVISORY BOARDS AND PUBLIC HEARINGS\BCC\2024\01-23\MATERIALS\PL20230013966 - WCF LDCA (12-14- 2023).DOCX each two (2) employees shall be provided at facilities which require on-site 1 personnel. Facilities which do not require on-site personnel may utilize impervious 2 parking. 3 4 5 12. All new tower bases, guy anchors, outdoor equipment, accessory buildings, and 6 accessory structures shall be fenced. This provision does not apply to amateur 7 radio towers, or to ground-mounted antennas that do not exceed twenty (20) feet 8 above grade. 9 10 13. Tower lighting. Towers and antennas with a height greater than 150 feet shall be 11 required to have red beacon or dual mode lights, unless exempted, in writing, by 12 the Collier County Mosquito Control District. Such lights shall meet the then 13 existing Federal Aviation Administration ("FAA") technical standards. No other 14 towers or antennas shall be artificially lighted, except as required by the FAA, the 15 Federal Communications Commission, or other applicable laws, ordinances, or 16 regulations. If the FAA rules require lighting, then the applicant shall comply with 17 such rules. 18 19 New towers exceeding 199 feet. Each new tower that will have a height in excess 20 of one hundred and ninety-nine (199) feet above ground, exclusive of antennas, 21 and such tower shall be lighted no more than is otherwise required by state and/or 22 federal law, rule, or regulation. Unless otherwise then required by law, rule or 23 regulation, only white strobe lights shall be used at night, unless otherwise required 24 by the FAA, in which case red strobe-type lights shall be used. Such lights shall 25 not exceed the minimum number, minimum intensity, and minimum light flashes 26 per interval of time (requiring the longest allowable duration between light flashes) 27 required by state or federal law, rule, or regulation. Solid red (or pulsating red) 28 warning lights shall not be used at night. 29 30 14. All guyed towers exceeding 185 feet in height shall be inspected every three (3) 31 years. Self-supporting towers shall be inspected every five (5) years. Each 32 inspection shall be conducted by a qualified professional engineer or other 33 qualified professional inspector, and any inspector-recommended repairs and/or 34 maintenance should be completed without unnecessary delay. At a minimum, each 35 inspection shall include the following: 36 37 a. Tower structure: Including bolts, loose or damaged members, and signs of 38 unusual stress or vibration. 39 40 b. Guy wires and fittings: Check for age, strength, rust, wear, general 41 condition, and any other signs of possible failure. 42 43 c. Guy anchors and foundations: Assess for cracks in concrete, signs of 44 corrosion, erosion, movement, secure hardware, and general site 45 condition. 46 47 55 G:\LDC AMENDMENTS\ADVISORY BOARDS AND PUBLIC HEARINGS\BCC\2024\01-23\MATERIALS\PL20230013966 - WCF LDCA (12-14- 2023).DOCX d. Condition of antennas, transmission lines, lighting, painting, insulators, 1 fencing, grounding, and elevator, if any. 2 3 e. For guyed towers: Tower vertical alignment and guy wire tension (both 4 required tension and present tension). 5 6 15. A copy of each inspection report shall be filed with the County Manager not later 7 than December 1 of the respective inspection year. If the report recommends that 8 repairs or maintenance are required, a letter shall be submitted to the County 9 Manager to verify that such repairs and/or maintenance have been completed. The 10 County shall have no responsibility under this section regarding such repairs 11 and/or maintenance. 12 13 16. Any tower that is voluntarily not used for communications for a period of one (1) 14 year shall be removed at the tower owner's expense. If a tower is not removed 15 within three (3) months after one (1) year of such voluntary non-use, the County 16 may obtain authorization, from a court of competent jurisdiction, to remove the 17 tower and accessory items, and, after removal, shall place a lien on the subject 18 property for all direct and indirect costs incurred in dismantling and disposal of the 19 tower and accessory items, plus court costs and attorney's fees. 20 21 17. For all ground-mounted guyed towers in excess of seventy-five (75) feet in height, 22 the site shall be of a size and shape sufficient to provide the minimum yard 23 requirements of that zoning district between each guy anchor and all property lines. 24 25 18. All new metal towers, including rooftop towers, except amateur radio towers, shall 26 comply with the standards of the then latest edition published by the Electric 27 Industries Association (currently EIA/TIA 222-E) or the publication's successor 28 functional equivalent, unless amended for local application by resolution of the 29 BCC. Each new amateur radio tower with a height of seventy-five (75) feet or less 30 shall require a building permit specifying the exact location and the height of the 31 tower exclusive of antennas. Each new ground-mounted dish type antenna that 32 does not exceed a height of twenty (20) feet shall require a building permit. 33 34 19. Within the proposed tower's effective radius, information that specifies the tower's 35 physical location, in respect to public parks, designated historic buildings or 36 districts, areas of critical concern, and conservation areas, shall be submitted as 37 part of the conditional use application. This shall also apply to site plan applications 38 and/or permit applications for rooftop installations that do not require conditional 39 use approval. 40 41 20. No communication tower shall be located on any land or water if such location 42 thereon creates, or has the potential to create, harm to the site as a source of 43 biological productivity, as indispensable components of various hydrologic 44 regimes, or as irreplaceable and critical habitat for native species of flora or fauna. 45 46 21. Any existing native vegetation on the site shall be preserved and used to meet the 47 minimum landscape requirements as required by section 4.06.00. The site plan 48 56 G:\LDC AMENDMENTS\ADVISORY BOARDS AND PUBLIC HEARINGS\BCC\2024\01-23\MATERIALS\PL20230013966 - WCF LDCA (12-14- 2023).DOCX shall show existing significant vegetation to be removed and vegetation to be 1 replanted to replace that lost. native vegetation may constitute part or all of the 2 required buffer area if its opacity exceeds eighty (80) percent. 3 4 22. As to communications towers and antennas, including rooftop towers, antenna 5 structures, and antennas, the height provisions of this section supersede all other 6 height limitations specified in this Code. 7 8 23. All existing and proposed ground mounted and rooftop towers and antennas with 9 a height greater than 150 feet shall be required to have a solid red beacon or dual 10 mode lights unless exempted in writing by the Collier Mosquito Control District. 11 Such lights shall meet the then existing Federal Aviation Administration (FAA) 12 technical standards. The total structure height shall include all appendages and 13 attachments, such as antennas, lights, lightening rods, or any other accessory 14 device that would extend the height of the tower. All existing towers shall have six 15 months (180 days) from June 16, 2005, to comply with the requirement. If the FAA 16 rules require lighting, then the applicant shall comply with such rules. 17 18 24. A copy of each application for a tower in excess of 150 feet shall be supplied by 19 the applicant to the Collier Mosquito Control District or designee. 20 21 25. Communication towers in the Estates (E) Zoning District. 22 23 Communication towers are allowed on parcels designated as Urban or Rural 24 Golden Gate Estates Sub-element in the Golden Gate Area Master Plan and are 25 subject to the following: 26 27 a. The parcel is a minimum 2.25 acres and adjacent to an arterial or collector 28 road. 29 30 b. The communications provider has provided evidence that the 31 communication provider's search radius for tower placement requires 32 placement of the tower in the Estates Zoning District to meet its coverage 33 requirements and the tower cannot be co-located on an existing tower and 34 provide the same service coverage. 35 36 c. All security and site lighting shall be less than 20 feet above grade, fully 37 shielded, and directed away from neighboring properties. 38 d. Fencing height and landscaping. The required perimeter wall or fence 39 height shall be a minimum of eight feet from finished grade of base 40 supporting structure and no greater than 10 feet. A minimum 15 feet 41 landscape Type B buffer along the perimeter of wall or fence is required 42 and tree plantings within the buffer shall be 12 feet tall at time of planting. 43 44 e. Equipment cabinets. Overall height of ground-mounted equipment or 45 equipment enclosure shall not exceed 12 feet. 46 47 H. Alligator Alley communication towers. 48 57 G:\LDC AMENDMENTS\ADVISORY BOARDS AND PUBLIC HEARINGS\BCC\2024\01-23\MATERIALS\PL20230013966 - WCF LDCA (12-14- 2023).DOCX 1 1. Notwithstanding other provisions of section 5.05.09, and irrespective of the zoning 2 classification(s) of the underlying fee at each respective tower site, two (2) new 3 communication towers shall be permitted at locations and heights herein specified 4 within the I-75 right-of-way east of the toll booth (Alligator Alley). Two (2) of the 5 four (4) towers shall be constructed to replace two (2) existing Florida Department 6 of Transportation towers. The four (4) new telecommunication tower sites shall be 7 located approximately at: 8 9 a. Mile marker 52.2. The height of the tower shall not exceed 250 feet, 10 including antennas; 11 12 b. Mile marker 92.6 (Everglades Blvd). The height shall not exceed 250 feet, 13 including antennas; 14 15 c. The site of an existing FDOT tower located on State Road 29. The height 16 shall not exceed 310 feet, including antennas; 17 18 d. The site of an existing FDOT tower located at mile marker 63.2 at the I-75 19 Rest Area. It will replace an existing tower located on the north side of I-75 20 at mile marker 63.3. The height shall not exceed 280 feet, including 21 antennas; 22 23 e. Each tower shall be constructed with a capacity to provide for a minimum 24 of four (4) to eight (8) co-users, including Florida Department of 25 Transportation ("FDOT"), the U.S. Fish and Wildlife Service ("FWS"), the 26 National Park Service ("NPS"), the Department of Forestry ("DOF"), and 27 County agencies, where practical. 28 29 2. Each tower shall be constructed in accordance with the standards and 30 requirements of section 5.05.09 and other applicable sections of this Code, except 31 as expressly provided otherwise in this section. 32 33 3. Minimum yard requirements. There shall be no minimum yard requirement for 34 these towers at these locations because each tower and all ancillary facilities must 35 be contained within the I-75 right-of-way, and each proposed tower must maintain 36 a separation distance from all adjacent residential property lines equal to one-half 37 (½) of the tower's height or equal to a Florida professional engineer's certified 38 collapse area (fall zone), whichever is greater, or a clear zone is maintained on 39 adjoining property by a use easement applicable to such adjoining property owner. 40 No habitable residential or non-residential structure, including offices, shall be 41 allowed within any certified collapse area (fall zone) for any of these towers. 42 43 4. Access. Physical access to each tower site shall be as approved by FDOT. 44 45 5. Parking. Sufficient unpaved area shall be provided on, or adjacent to, each tower 46 site to accommodate temporary parking for one (1) vehicle for servicing or 47 maintaining the communication tower. 48 58 G:\LDC AMENDMENTS\ADVISORY BOARDS AND PUBLIC HEARINGS\BCC\2024\01-23\MATERIALS\PL20230013966 - WCF LDCA (12-14- 2023).DOCX 1 6. Landscape buffer. A landscape buffer no less than ten (10) feet wide with trees 2 planted twenty-five (25) feet on center shall be developed and maintained around 3 the perimeter of each tower site and other related equipment, structures, and 4 buildings. This buffer shall encompass all structures including the tower base. At 5 least one (1) row of native vegetation shall be planted within the buffer to form a 6 continuous hedge of at least three (3) feet in height at planting. The buffer must be 7 maintained in good condition. This landscape buffer may be waived by the County 8 Manager or designee where the buffer is not practical due to public safety 9 concerns. 10 11 7. A site development plan and construction plans shall be submitted to the County 12 Manager or designee for review and approval prior to any construction of any such 13 tower. No changes, additions, or alterations may be made to any approved site 14 development plan or construction plans for any such tower without County 15 approval. 16 17 8. Tower lighting. In addition to the requirements for tower lights specified in section 18 5.05.09 of this Code, towers located in the Big Cypress Preserve and the Florida 19 Panther National Wildlife Preserve shall be lighted in accordance with the USFWS 20 guidance system requirements for tower lighting. 21 22 9. Notwithstanding any other provision in this Code, and notwithstanding the 23 underlying zoning of the respective tower site, subject to the following, the 24 communication towers and accessory facilities ("facilities") listed above, and all 25 such future facilities, are lawful uses, if located within the confines of the I-75 right-26 of-way east of the Alligator Alley toll booth to the eastern boundary of Collier 27 County. 28 29 10. The tower and related facilities shall be subject to conditional use approval 30 whenever the tower is to exceed a height of twenty (20) feet. Towers that are to be 31 twenty (20) feet or less in height require only building permit approval from the 32 County. 33 34 a. As all such facilities must be located within the I-75 right-of-way, the 35 facilities must be subject to approval from the owner of that right-of-way, 36 including such conditions as may be required by that owner. The owner of 37 said right-of-way is the State of Florida, by and through the Florida 38 Department of Transportation. 39 40 b. The facilities must be owned by, or leased to, a governmental entity. The 41 primary uses of the facilities shall be governmental uses. Private uses of 42 the facilities, if any, shall always be incidental and subordinate to the 43 governmental uses. 44 45 c. Notwithstanding any other provision in section 5.05.09, the facilities shall 46 be subject to the tower sharing requirements of section 5.05.09 if the tower 47 is to exceed a height of 120 feet, unless the tower is a monopole. If the 48 59 G:\LDC AMENDMENTS\ADVISORY BOARDS AND PUBLIC HEARINGS\BCC\2024\01-23\MATERIALS\PL20230013966 - WCF LDCA (12-14- 2023).DOCX tower is to be used only for governmental uses, the tower need be shared 1 only with other governmental entities. If the tower is to be occupied by an 2 antenna under control of a non-governmental occupant of the tower and is 3 to be used for any non-governmental use(s), the tower sharing 4 requirements that apply to non-government occupants shall be adhered to 5 as a prerequisite to occupancy of the tower. 6 7 I. Wireless emergency telephone service. Notwithstanding any other provisions of this 8 section 5.05.09, the following provisions shall apply to communications towers that provide 9 wireless emergency telephone service. 10 11 1. These facilities are essential services. 12 13 2. Each applicant for these permits is required to clearly inform County staff by means 14 of an emboldened "notice" in a cover letter or on the first page of the permit 15 application, substantially as follows: This Application is subject to the expedited 16 timelines specified in Chapter 365.172, Florida Statutes. 17 18 3. Applicants for these permits need not provide staff with evidence that a proposed 19 wireless communications facility complies with federal regulations, but staff may 20 require from such applicant proof of proper FCC licensure, and staff may request 21 the FCC to provide information as to the provider's compliance with federal 22 regulations to the extent then authorized by federal law. The County has no 23 permitting jurisdiction with regard to wireless communications facilities located (or 24 to be located) on property owned by the State of Florida, including State-owned 25 rights-of-way. 26 27 4. Co-located facilities. Provided the then existing zoning applicable to the proposed 28 site allows E911 facilities without a need to rezone, a need to obtain conditional 29 use approval, or any other required process (such as, for example, having an 30 agreement amended), the County shall grant or deny a properly completed 31 application requesting co-location of E911 Service, or co-location for wireless 32 telephone service, not later then forty-five (45) business days after the date that a 33 properly completed application is initially submitted to staff in accordance with all 34 applicable permit application requirements in this section 5.05.09. Co-location of 35 such facilities on a then existing above-ground tower or other above-ground 36 structure shall not be subject to the land development regulations pursuant to 37 Section 163.3202, Florida Statutes, provided the height of the then existing tower 38 or structure is not thereby increased. Co-location of such antenna, or co-location 39 of related equipment, shall be subject to applicable building regulations, and with 40 all then existing permits or agreements applicable to that tower or to the underlying 41 property. Nothing herein, including the forty-five (45) business days timeline, shall 42 relieve the permit holder for, or owner of, the then existing tower or structure from 43 complying with applicable permit requirements, or applicable agreement(s), or with 44 applicable land development regulation (including aesthetic requirement), or 45 compliance with any other then applicable law(s). 46 47 60 G:\LDC AMENDMENTS\ADVISORY BOARDS AND PUBLIC HEARINGS\BCC\2024\01-23\MATERIALS\PL20230013966 - WCF LDCA (12-14- 2023).DOCX 5. New towers or antennas. Pursuant to Section 365.172, Florida Statutes, the 1 County shall grant or deny an application requesting location of a new wireless 2 telephone service tower, or for location of antenna(s) for wireless telephone 3 service, not later then ninety (90) business days after the date that an application 4 that fully complies with the requirements of this section 5.05.09 is submitted, 5 provided the then existing zoning applicable to the proposed site allows the E911 6 facilities without need to rezone, the need to apply for conditional use approval, or 7 other required procedures. Provided further that nothing herein shall affect permit 8 compliance of such facilities with applicable federal regulations, applicable zoning 9 and/or land development regulations (including aesthetic requirements), or with 10 applicable building regulations. 11 12 6. Sufficiency notice. Within twenty (20) business days of receiving the permit 13 application for any facility listed above in paragraphs (4) and (5) above, staff shall 14 in writing notify the permit applicant whether the application is, or is not, properly 15 completed. If such permit application is not properly completed, staff shall with 16 specificity notify the applicant of any and all deficiencies, which if cured will thereby 17 render the application being properly completed. Staff should also notify the 18 applicant whether the applicable zoning classification allows the applied-for use(s) 19 without rezoning, without conditional use approval, or without any other related 20 ancillary approval process or permission. 21 22 7. Default approval. 23 24 a. An application for E911 service, co-location of wireless telephone service, 25 or new location for wireless telephone service or antennae shall be deemed 26 to have been automatically granted provided that: 27 28 i. Such service or facility is allowed in the applicable zoning district 29 without a rezone, without the need to apply for a conditional use, or 30 without the need to apply for some other permit; 31 32 ii. The County fails to either grant or deny the applied-for permit within 33 the time frames set forth in paragraphs (4) and (5) above, as 34 applicable; and 35 36 iii. The applicant has not agreed to an extension of time, as provided 37 in paragraph (8) below. 38 39 b. However, the applied-for permit shall not be deemed granted if final action 40 requires action by the BCC, but such action is prevented due to emergency 41 conditions beyond the County's control. In such instance, the time for final 42 action on the application shall be extended until the next regularly 43 scheduled meeting of the BCC. The permit shall be deemed to be granted 44 if the BCC fails to take final action at that time. 45 46 8. Waiver. Extensions of the above-described applicable timelines (deadlines) shall 47 not be effective except to the extent voluntarily agreed to by the permit applicant. 48 61 G:\LDC AMENDMENTS\ADVISORY BOARDS AND PUBLIC HEARINGS\BCC\2024\01-23\MATERIALS\PL20230013966 - WCF LDCA (12-14- 2023).DOCX Narrow exception: a one-time timeline waiver may be required if there then exists 1 an emergency that directly affects the administration of all of the County's 2 communications tower permitting activities which had been formally declared by 3 the County, by the State of Florida, or by the federal government. 4 5 # # # # # # # # # # # # # 6 1 Marissa Fewell From:Berkey, Kathleen "Katie" <KBerkey@beckerlawyers.com> Sent:Thursday, August 31, 2023 4:42 PM To:Marissa Fewell Cc:Albuernes, Milena Subject:PL20230013966 - Comments EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Good afternoon Marissa, Please accept this as an additional comment on the working draft from SBA. We recommend staff consider including language from the Section 6409 of the Spectrum Act of 2012 related to colocations by right. Suggested language: “Any request to collocate, replace, or remove transmission equipment at an existing wireless tower or base station submitted with a written request for a Section 6409(a) approval under the Spectrum Act of 2012 shall be subject to administrative approval, conditional use approval, or denial without prejudice pursuant to the standards and procedures contained in Section 6409(a).” Thank you, Katie Berkey Kathleen "Katie" O. Berkey, AICP 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 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. From: Berkey, Kathleen "Katie" <KBerkey@beckerlawyers.com> Sent: Tuesday, October 17, 2023 9:18 AM To: Marissa Fewell Cc: Albuernes, Milena Subject: RE: PL20230013966 - Comments Attachments: (Redline) WCF LDCA (09-27-2023) ALL revisions clean (002).docx; (Redline) WCF LDCA (09-27-2023) ALL revisions clean (002).pdf EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Hi Marissa, Please see attached in PDF and Word format. If you have any trouble viewing the proposed redlines or have any questions, please let us know. Katie Kathleen "Katie" O. Berkey, AICP Shareholder and Certified Land Planner Board Certified Attorney, City, County, and Local Government Law Becker & Poliakoff Six Mile Corporate Park 12140 Carissa Commerce Court Suite 200 Ft. Myers, FL 33966 239.628.4919 239.433.5933 KBerkey@beckerlawyers.com www.beckerlawyers.com Follow Becker on... Confidentiality Note: This message, together with any attachments, may contain privileged and confidential information. If the reader of this message is not the intended recipient, you are hereby notified that any examination, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us by reply e-mail and permanently delete the original message, along with any attachments. Thank you. From: Marissa Fewell <Marissa.Fewell@colliercountyfl.gov> Sent: Tuesday, October 17, 2023 8:25 AM To: Berkey, Kathleen "Katie" <KBerkey@beckerlawyers.com> Cc: Albuernes, Milena <MAlbuernes@beckerlawyers.com> Subject: RE: PL20230013966 - Comments EXTERNAL EMAIL - This message originated from an External Source. Hi Katie- I’m not seeing redlines in the document that was attached. Thank you, Marissa Fewell Planner III - Zoning Division 2800 Horseshoe Drive North, Naples, Florida 34104 Phone: 239.252.2962 Fax: 239.252.6503 Tell us how we are doing by taking our Zoning Division Survey at http://bit.ly/CollierZoning Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. From: Berkey, Kathleen "Katie" <KBerkey@beckerlawyers.com> Sent: Monday, October 16, 2023 8:49 PM To: Marissa Fewell <Marissa.Fewell@colliercountyfl.gov> Cc: Albuernes, Milena <MAlbuernes@beckerlawyers.com> Subject: Re: PL20230013966 - Comments EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Hi Marissa, Thanks for the return call this afternoon. Attached please find some additional suggested redlines and margin comments from SBA as to the revised communications tower ordinance being reviewed by the. DSAC Subcommittee tomorrow. Thank you to staff or incorporating some of SBA's prior edits already and we appreciate their willingness to engage in ongoing discussions. Best regards, Katie Kathleen "Katie" O. Berkey, AICP Shareholder and Certified Land Planner Board Certified Attorney, City, County, and Local Government Law Becker & Poliakoff Six Mile Corporate Park 12140 Carissa Commerce Court Suite 200 Ft. Myers, FL 33966 239.628.4919 239.433.5933 KBerkey@beckerlawyers.com www.beckerlawyers.com Follow Becker on... Confidentiality Note: This message, together with any attachments, may contain privileged and confidential information. If the reader of this message is not the intended recipient, you are hereby notified that any examination, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us by reply e-mail and permanently delete the original message, along with any attachments. Thank you. From: Marissa Fewell <Marissa.Fewell@colliercountyfl.gov> Sent: Wednesday, October 4, 2023 4:25:27 PM To: Berkey, Kathleen "Katie" <KBerkey@beckerlawyers.com> Cc: Albuernes, Milena <MAlbuernes@beckerlawyers.com> Subject: RE: PL20230013966 - Comments EXTERNAL EMAIL - This message originated from an External Source. Hi Katie- The second staff review is expected to be complete by October 12th but comments are welcomed at any time. Thank you, Marissa Fewell Planner III - Zoning Division 2800 Horseshoe Drive North, Naples, Florida 34104 Phone: 239.252.2962 Fax: 239.252.6503 Tell us how we are doing by taking our Zoning Division Survey at http://bit.ly/CollierZoning Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. From: Berkey, Kathleen "Katie" <KBerkey@beckerlawyers.com> Sent: Wednesday, October 4, 2023 4:07 PM To: Marissa Fewell <Marissa.Fewell@colliercountyfl.gov> Cc: Albuernes, Milena <MAlbuernes@beckerlawyers.com> Subject: RE: PL20230013966 - Comments EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Thank you, Marissa. Is there a date by which comments on the latest draft would be welcomed? Kathleen "Katie" O. Berkey, AICP Shareholder and Certified Land Planner Board Certified Attorney, City, County, and Local Government Law Becker & Poliakoff Six Mile Corporate Park 12140 Carissa Commerce Court Suite 200 Ft. Myers, FL 33966 239.628.4919 239.433.5933 KBerkey@beckerlawyers.com www.beckerlawyers.com Follow Becker on... Confidentiality Note: This message, together with any attachments, may contain privileged and confidential information. If the reader of this message is not the intended recipient, you are hereby notified that any examination, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us by reply e-mail and permanently delete the original message, along with any attachments. Thank you. From: Marissa Fewell <Marissa.Fewell@colliercountyfl.gov> Sent: Wednesday, October 4, 2023 11:25 AM To: Berkey, Kathleen "Katie" <KBerkey@beckerlawyers.com> Cc: Albuernes, Milena <MAlbuernes@beckerlawyers.com> Subject: RE: PL20230013966 - Comments EXTERNAL EMAIL - This message originated from an External Source. Hi Katie- Attached is the revised draft as a Word document. Thanks! Marissa Fewell Planner III - Zoning Division 2800 Horseshoe Drive North, Naples, Florida 34104 Phone: 239.252.2962 Fax: 239.252.6503 Tell us how we are doing by taking our Zoning Division Survey at http://bit.ly/CollierZoning Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. From: Berkey, Kathleen "Katie" <KBerkey@beckerlawyers.com> Sent: Wednesday, October 4, 2023 9:06 AM To: Marissa Fewell <Marissa.Fewell@colliercountyfl.gov> Cc: Albuernes, Milena <MAlbuernes@beckerlawyers.com> Subject: Re: PL20230013966 - Comments EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Thank you, Marissa! May I please have a copy of the latest draft in Word format? Kathleen "Katie" O. Berkey, AICP Shareholder and Certified Land Planner Board Certified Attorney, City, County, and Local Government Law Becker & Poliakoff Six Mile Corporate Park 12140 Carissa Commerce Court Suite 200 Ft. Myers, FL 33966 239.628.4919 239.433.5933 KBerkey@beckerlawyers.com www.beckerlawyers.com Follow Becker on... Confidentiality Note: This message, together with any attachments, may contain privileged and confidential information. If the reader of this message is not the intended recipient, you are hereby notified that any examination, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us by reply e-mail and permanently delete the original message, along with any attachments. Thank you. From: Marissa Fewell <Marissa.Fewell@colliercountyfl.gov> Sent: Tuesday, October 3, 2023 3:33:50 PM To: Berkey, Kathleen "Katie" <KBerkey@beckerlawyers.com> Cc: Albuernes, Milena <MAlbuernes@beckerlawyers.com> Subject: RE: PL20230013966 - Comments EXTERNAL EMAIL - This message originated from an External Source. Hi Katie- Thank you, I hope you had a nice weekend as well! The draft is currently going through a second staff review. Linked below is the updated version based on comments received from staff in their first review: https://www.colliercountyfl.gov/home/showpublisheddocument/104815/638314972193570000 Thank you, Marissa Fewell Planner III - Zoning Division 2800 Horseshoe Drive North, Naples, Florida 34104 Phone: 239.252.2962 Fax: 239.252.6503 Tell us how we are doing by taking our Zoning Division Survey at http://bit.ly/CollierZoning Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. From: Berkey, Kathleen "Katie" <KBerkey@beckerlawyers.com> Sent: Friday, September 29, 2023 5:48 PM To: Marissa Fewell <Marissa.Fewell@colliercountyfl.gov> Cc: Albuernes, Milena <MAlbuernes@beckerlawyers.com> Subject: RE: PL20230013966 - Comments EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Hi Marissa, Happy Friday! Any updates as to the updated draft? Thank you and have a great weekend, Katie Kathleen "Katie" O. Berkey, AICP Shareholder and Certified Land Planner Board Certified Attorney, City, County, and Local Government Law Becker & Poliakoff Six Mile Corporate Park 12140 Carissa Commerce Court Suite 200 Ft. Myers, FL 33966 239.628.4919 239.433.5933 KBerkey@beckerlawyers.com www.beckerlawyers.com Follow Becker on... Confidentiality Note: This message, together with any attachments, may contain privileged and confidential information. If the reader of this message is not the intended recipient, you are hereby notified that any examination, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us by reply e-mail and permanently delete the original message, along with any attachments. Thank you. From: Marissa Fewell <Marissa.Fewell@colliercountyfl.gov> Sent: Monday, September 11, 2023 10:39 AM To: Berkey, Kathleen "Katie" <KBerkey@beckerlawyers.com> Cc: Albuernes, Milena <MAlbuernes@beckerlawyers.com> Subject: RE: PL20230013966 - Comments EXTERNAL EMAIL - This message originated from an External Source. Hi Katie- Yes, comment has been received. We are starting to work through all of the comments received; I will let you know when the updated draft is complete. I’m not exactly sure on timing at this point but would guess it is a few weeks out. Thanks! Marissa Fewell Planner II - Zoning Division 2800 Horseshoe Drive North, Naples, Florida 34104 Phone: 239.252.2962 Fax: 239.252.6503 Tell us how we are doing by taking our Zoning Division Survey at http://bit.ly/CollierZoning Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. From: Berkey, Kathleen "Katie" <KBerkey@beckerlawyers.com> Sent: Monday, September 11, 2023 10:34 AM To: Marissa Fewell <Marissa.Fewell@colliercountyfl.gov> Cc: Albuernes, Milena <MAlbuernes@beckerlawyers.com> Subject: RE: PL20230013966 - Comments EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Good morning Marissa, Has this request been received? Thank you, Katie Kathleen "Katie" O. Berkey, AICP Shareholder and Certified Land Planner Board Certified Attorney, City, County, and Local Government Law Becker & Poliakoff Six Mile Corporate Park 12140 Carissa Commerce Court Suite 200 Ft. Myers, FL 33966 239.628.4919 239.433.5933 KBerkey@beckerlawyers.com www.beckerlawyers.com Follow Becker on... Confidentiality Note: This message, together with any attachments, may contain privileged and confidential information. If the reader of this message is not the intended recipient, you are hereby notified that any examination, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us by reply e-mail and permanently delete the original message, along with any attachments. Thank you. From: Berkey, Kathleen "Katie" <KBerkey@beckerlawyers.com> Sent: Thursday, August 31, 2023 4:42 PM To: FewellMarissa <Marissa.Fewell@colliercountyfl.gov> Cc: Albuernes, Milena <MAlbuernes@beckerlawyers.com> Subject: PL20230013966 - Comments Good afternoon Marissa, Please accept this as an additional comment on the working draft from SBA. We recommend staff consider including language from the Section 6409 of the Spectrum Act of 2012 related to colocations by right. Suggested language: “Any request to collocate, replace, or remove transmission equipment at an existing wireless tower or base station submitted with a written request for a Section 6409(a) approval under the Spectrum Act of 2012 shall be subject to administrative approval, conditional use approval, or denial without prejudice pursuant to the standards and procedures contained in Section 6409(a).” Thank you, Katie Berkey Kathleen "Katie" O. Berkey, AICP Shareholder and Certified Land Planner Board Certified Attorney, City, County, and Local Government Law Ft. Myers Ext: 54919 (239.628.4919) C:\USERS\KBERKEY\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\IJV2SHNP\(REDLINE) WCF LDCA (09-27-2023) ALL REVISIONS CLEAN (002).DOCX 1 Deleted: G:\LDC AMENDMENTS\CURRENT WORK\TELECOMMUNICATION TOWER UPDATE (PL20230013966)\DRAFTS\CITYVIEW\WCF LDCA (09-27-2023) ALL REVISIONS CLEAN.DOCX LAND DEVELOPMENT CODE AMENDMENT PETITION PL20230013966 SUMMARY OF AMENDMENT This amendment introduces comprehensive updates to the current provisions in the Land Development Code (LDC) related to telecommunication towers. LDC amendments are reviewed by the Board, Collier County Planning Commission (CCPC), Development Services Advisory Committee (DSAC), and the Land Development Review Subcommittee of the DSAC (DSAC-LDR). ORIGIN Board of County Commissioners (Board) HEARING DATES LDC SECTION TO BE AMENDED Board TBD 1.08.02 2.01.03 2.03.01 2.03.02 2.03.03 2.03.04 2.03.05 2.03.06 2.03.07 2.03.08 2.03.09 4.02.01 4.02.14 4.06.05 4.08.06 5.05.09 Definitions Essential Services Agricultural Districts Residential Zoning Districts Commercial Zoning Districts Industrial Zoning Districts Civic and Institutional Zoning Districts Planned Unit Development Districts Overlay Zoning Districts Rural Fringe Zoning Districts Open Space Zoning Districts Dimensional Standards for Principal Uses in Base Zoning Districts Design Standards for Development in the ST and ACSC-ST Districts General Landscaping Requirements SSA Designation Communications Towers CCPC TBD DSAC TBD DSAC-LDR TBD ADVISORY BOARD RECOMMENDATIONS DSAC-LDR TBD DSAC TBD CCPC TBD BACKGROUND On October 14, 1992, the Board adopted Ordinance No. 92-73 which included the first regulations for communications towers in the County. On January 24, 2023, the Board directed staff to develop Amendments to the current LDC regulations for Communication Towers to promote a stronger wireless communication network throughout the County. Staff reviewed current statewide best practices, engaged with industry experts, and determined that the current provisions in the LDC for Communication Towers are outdated with modern day industry practices. Wireless communication facilities are considered essential services. This LDC amendment modernizes the language and simplifies the application and review processes in an effort to allow for a stronger wireless communication network throughout the County. Substantive changes include but are not limited to the following: renaming “communication towers” to “wireless communication facilities” to include facilities that are not towers; C:\USERS\KBERKEY\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\IJV2SHNP\(REDLINE) WCF LDCA (09-27-2023) ALL REVISIONS CLEAN (002).DOCX 2 Deleted: G:\LDC AMENDMENTS\CURRENT WORK\TELECOMMUNICATION TOWER UPDATE (PL20230013966)\DRAFTS\CITYVIEW\WCF LDCA (09-27-2023) ALL REVISIONS CLEAN.DOCX providing definitions and establishing regulations for the various wireless communication facility types; updating permitted use and conditional use lists for Zoning Districts to allow for new wireless communication facilities; removal of shared tower requirements to instead encourage co-location by allowing increased heights; and reorganizing the section to allow for easier interpretation of the regulations. Corresponding cross-references are also added to various LDC sections to maintain consistency. FISCAL & OPERATIONAL IMPACTS There are no anticipated fiscal or operational impacts to the County associated with this amendment. The amendment may have fiscal impacts on property owners who will now be eligible to apply for approval of a wireless communication facility. GMP CONSISTENCY To be provided by Comprehensive Planning Staff after first review. EXHIBITS: None. C:\USERS\KBERKEY\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\IJV2SHNP\(REDLINE) WCF LDCA (09-27-2023) ALL REVISIONS CLEAN (002).DOCX 3 Deleted: G:\LDC AMENDMENTS\CURRENT WORK\TELECOMMUNICATION TOWER UPDATE (PL20230013966)\DRAFTS\CITYVIEW\WCF LDCA (09-27-2023) ALL REVISIONS CLEAN.DOCX Amend the LDC as follows: 1 1.08.02 – Definitions 2 3 Monopole communications tower: A commercial vertical single tubular self-supporting 4 tower for nonparabolic antennas with small effective radii. 5 6 Wireless communication facilities: See all related definitions in LDC section 5.05.09. 7 8 * * * * * * * * * * * * * 9 # # # # # # # # # # # # # 10 11 2.01.03 - Essential Services 12 13 * * * * * * * * * * * * * 14 15 A. The following uses shall be deemed permitted uses in all zoning districts, except CON 16 districts, RFMU sending lands, NRPAS, HSAS, and FSAS: 17 18 * * * * * * * * * * * * * 19 20 4. Wireless communication facilities Communication towers, limited to those 21 providing wireless emergency telephone service, subject to all applicable 22 provisions in section 5.05.09 of this Code. 23 24 54. Electrical transmission and distribution lines, substations, and emergency 25 power structures; 26 27 -Remainder of list to be renumbered accordingly- 28 29 98. Conservation Collier lands which provide for permitted nondestructive, passive 30 natural resource based recreational and educational activities, exclusive of major 31 improvements. Permitted minor improvements shall be limited to one (1) ground 32 sign, not to exceed eight (8) feet in height with a maximum sign area of thirty-two 33 (32) square feet; a parking area, not to exceed twenty (20) parking spaces; hiking 34 trails; a fully accessible trail or trail section; educational kiosks not to exceed one 35 hundred (100) square feet; and public restroom facilities not to exceed five hundred 36 (500) square feet. The provisions for Conservation Collier lands in this Code do 37 not affect the underlying zoning districts or land use designations in any district 38 where Conservation Collier lands are established. Such that no expansion or 39 diminution of the various zoning district permitted uses is intended or implied by 40 these provisions, except as stated above with respect to minor improvements. Oil 41 and gas exploration as defined and regulated in this Code remains a permitted use 42 on or beneath Conservation Collier lands established in any zoning district 43 providing for oil and gas exploration as a permitted use pursuant to 44 subsection 2.03.09 B.1.a.viii. 45 46 * * * * * * * * * * * * * 47 48 C:\USERS\KBERKEY\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\IJV2SHNP\(REDLINE) WCF LDCA (09-27-2023) ALL REVISIONS CLEAN (002).DOCX 4 Deleted: G:\LDC AMENDMENTS\CURRENT WORK\TELECOMMUNICATION TOWER UPDATE (PL20230013966)\DRAFTS\CITYVIEW\WCF LDCA (09-27-2023) ALL REVISIONS CLEAN.DOCX H. Wireless communication facilities, limited to those providing wireless emergency 1 telephone service, are considered an essential service and shall be permitted and subject 2 to all applicable provisions in LDC section 5.05.09. 3 4 * * * * * * * * * * * * * 5 # # # # # # # # # # # # # 6 7 2.03.01 - Agricultural Districts. 8 9 A. Rural Agricultural District (A). The purpose and intent of the rural agricultural district (A) is 10 to provide lands for agricultural, pastoral, and rural land uses by accommodating 11 traditional agricultural, agricultural related activities and facilities, support facilities related 12 to agricultural needs, and conservation uses. Uses that are generally considered 13 compatible to agricultural uses that would not endanger or damage the agricultural, 14 environmental, potable water, or wildlife resources of the County, are permissible as 15 conditional uses in the A district. The A district corresponds to and implements the 16 Agricultural/Rural land use designation on the future land use map of the Collier County 17 GMP, and in some instances, may occur in the designated urban area. The maximum 18 density permissible in the rural agricultural district within the urban mixed use district shall 19 be guided, in part, by the density rating system contained in the future land use element 20 of the GMP. The maximum density permissible or permitted in A district shall not exceed 21 the density permissible under the density rating system. The maximum density permissible 22 in the A district within the agricultural/rural district of the future land use element of the 23 Collier County GMP shall be consistent with and not exceed the density permissible or 24 permitted under the agricultural/rural district of the future land use element. 25 26 1. The following subsections identify the uses that are permissible by right and the 27 uses that are allowable as accessory or conditional uses in the rural agricultural 28 district (A). 29 30 a. Permitted uses. 31 32 * * * * * * * * * * * * * 33 7. Family care facilities, subject to section 5.05.04. 34 35 8. Communications towers up to specified height Wireless 36 communication facilities, subject to section 5.05.09. 37 38 9. Essential services, as set forth in section 2.01.03. 39 40 * * * * * * * * * * * * * 41 42 c. Conditional uses. The following uses are permitted as conditional uses in 43 the rural agricultural district (A), subject to the standards and procedures 44 established in LDC section 10.08.00 and the Administrative Code. 45 46 * * * * * * * * * * * * * 47 48 12. Collection and transfer sites for resource recovery. 49 50 C:\USERS\KBERKEY\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\IJV2SHNP\(REDLINE) WCF LDCA (09-27-2023) ALL REVISIONS CLEAN (002).DOCX 5 Deleted: G:\LDC AMENDMENTS\CURRENT WORK\TELECOMMUNICATION TOWER UPDATE (PL20230013966)\DRAFTS\CITYVIEW\WCF LDCA (09-27-2023) ALL REVISIONS CLEAN.DOCX 13. Communication towers above specified height, subject to section 1 5.05.09. 2 3 143. Social and fraternal organizations. 4 5 -Remainder of list to be renumbered accordingly- 6 7 287. Ancillary plants. 8 9 * * * * * * * * * * * * * 10 11 B. Estate District (E). The purpose and intent of the estates district (E) is to provide lands for 12 low density residential development in a semi-rural to rural environment, with limited 13 agricultural activities. In addition to low density residential development with limited 14 agricultural activities, the E district is also designed to accommodate as conditional uses, 15 development that provides services for and is compatible with the low density residential, 16 semi-rural and rural character of the E district. The E district corresponds to and 17 implements the estates land use designation on the future land use map of the Collier 18 County GMP, although, in limited instances, it may occur outside of the estates land use 19 designation. The maximum density permissible in the E district shall be consistent with 20 and not exceed the density permissible or permitted under the estates district of the future 21 land use element of the Collier County GMP as provided under the Golden Gate Master 22 Plan. 23 24 1. The following subsections identify the uses that are permissible by right and the 25 uses that are allowable as accessory or conditional uses in the estates district (E). 26 27 * * * * * * * * * * * * * 28 29 c. Conditional uses. For Estates zoning within the Golden Gate Estates 30 subdivision, the Golden Gate Area Master Plan in the GMP restricts the 31 location of conditional uses. The following uses are permissible as 32 conditional uses in the estates district (E), subject to the standards and 33 procedures established in LDC section 10.08.00: 34 35 * * * * * * * * * * * * * 36 37 11. Public schools without an agreement with Collier County, as 38 described in LDC section 5.05.14. Additional standards in LDC 39 section 5.05.14 shall also apply. 40 41 12. Communication towers up to specified heights Wireless 42 communication facilities, subject to LDC section 5.05.09. 43 44 * * * * * * * * * * * * * 45 # # # # # # # # # # # # # 46 47 2.03.02 Residential Zoning Districts 48 49 A. Residential Single-Family Districts (RSF-1; RSF-2; RSF-3; RSF-4; RSF-5; RSF-6). The 50 purpose and intent of the residential single-family districts (RSF) is to provide lands 51 C:\USERS\KBERKEY\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\IJV2SHNP\(REDLINE) WCF LDCA (09-27-2023) ALL REVISIONS CLEAN (002).DOCX 6 Deleted: G:\LDC AMENDMENTS\CURRENT WORK\TELECOMMUNICATION TOWER UPDATE (PL20230013966)\DRAFTS\CITYVIEW\WCF LDCA (09-27-2023) ALL REVISIONS CLEAN.DOCX primarily for single-family residences. These districts are intended to be single-family 1 residential areas of low density. The nature of the use of property is the same in all of 2 these districts. Variation among the RSF-1, RSF-2, RSF-3, RSF-4, RSF-5 and RSF-6 3 districts is in requirements for density, lot area, lot width, yards, height, floor area, lot 4 coverage, parking, landscaping and signs. Certain structures and uses designed to serve 5 the immediate needs of the single-family residential development in the RSF districts such 6 as governmental, educational, religious, and noncommercial recreational uses are 7 permitted as conditional uses as long as they preserve and are compatible with the single-8 family residential character of the RSF district[s]. The RSF districts correspond to and 9 implement the urban mixed use land use designation on the future land use map of the 10 Collier County GMP. The maximum density permissible in the residential single-family 11 (RSF) districts and the urban mixed use land use designation shall be guided, in part, by 12 the density rating system contained in the future land use element of the Collier County 13 GMP. The maximum density permissible or permitted in the RSF district shall not exceed 14 the density permissible under the density rating system, except as permitted by policies 15 contained in the future land use element. 16 17 * * * * * * * * * * * * * 18 19 1. The following subsections identify the uses that are permissible by right and the 20 uses that are allowable as accessory or conditional uses in the residential single-21 family districts (RSF). 22 23 * * * * * * * * * * * * * 24 25 c. Conditional uses. The following uses are permissible as conditional uses 26 in the residential single-family districts (RSF), subject to the standards and 27 procedures established in LDC section 10.08.00. 28 29 * * * * * * * * * * * * * 30 31 11. Public schools without an agreement with Collier County, as 32 described in LDC section 5.05.14. Additional standards in LDC 33 section 5.05.14 shall also apply; however, any high school located 34 in this district is subject to a compatibility review as described in 35 LDC section 10.02.03. 36 37 12. Wireless communication facilities, subject to LDC section 5.05.09. 38 39 * * * * * * * * * * * * * 40 41 B. Residential Multi-Family-6 District (RMF-6). The purpose and intent of the residential multi-42 family-6 district (RMF-6) is to provide for single-family, two-family and multi-family 43 residences having a low profile silhouette, surrounded by open space, being so situated 44 that it is located in close proximity to public and commercial services and has direct or 45 convenient access to collector and arterial roads on the county major road network. The 46 RMF-6 district corresponds to and implements the urban mixed use land use designation 47 on the future land use map of the Collier County GMP. The maximum density permissible 48 in the RMF-6 district and the urban mixed use land use designation shall be guided, in 49 part, by the density rating system contained in the future land use element of the Collier 50 County GMP. The maximum density permissible or permitted in the RMF-6 district shall 51 C:\USERS\KBERKEY\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\IJV2SHNP\(REDLINE) WCF LDCA (09-27-2023) ALL REVISIONS CLEAN (002).DOCX 7 Deleted: G:\LDC AMENDMENTS\CURRENT WORK\TELECOMMUNICATION TOWER UPDATE (PL20230013966)\DRAFTS\CITYVIEW\WCF LDCA (09-27-2023) ALL REVISIONS CLEAN.DOCX not exceed the density permissible under the density rating system, except as permitted 1 by policies contained in the future land use element. 2 3 1. The following subsections identify the uses that are permissible by right and the 4 uses that are allowable as accessory or conditional uses in the RMF-6 district. 5 6 * * * * * * * * * * * * * 7 8 c. Conditional uses. The following uses are permissible as conditional uses 9 in the RMF-6 district, subject to the standards and procedures established 10 in LDC section 10.08.00. 11 12 * * * * * * * * * * * * * 13 14 10. Public schools without an agreement with Collier County, as 15 described in LDC section 5.05.14. Additional standards in LDC 16 section 5.05.14 shall also apply; however, any high school located 17 in this district is subject to a compatibility review as described in 18 LDC section 10.02.03. 19 20 11. Wireless communication facilities, subject to LDC section 5.05.09. 21 22 * * * * * * * * * * * * * 23 24 C. Residential Multi-Family-12 District (RMF-12). The purpose and intent of the residential 25 multi-family 12 district (RMF-12) is to provide lands for multiple-family residences having 26 a mid-rise profile, generally surrounded by lower structures and open space, located in 27 close proximity to public and commercial services, with direct or convenient access to 28 collector and arterial roads on the county major road network. Governmental, social, and 29 institutional land uses that serve the immediate needs of the multi-family residences are 30 permitted as conditional uses as long as they preserve and are compatible with the mid-31 rise multiple-family character of the district. The RMF-12 district corresponds to and 32 implements the urban mixed use land use designation on the future land use map of the 33 Collier County GMP. The maximum density permissible in the RMF-12 district and the 34 urban mixed use land use designation shall be guided, in part, by the density rating system 35 contained in the future land use element of the Collier County GMP. The maximum density 36 permissible or permitted in the RMF-12 district shall not exceed the density permissible 37 under the density rating system, except as permitted by policies contained in the future 38 land use element. 39 40 1. The following subsections identify the uses that are permissible by right and the 41 uses that are allowable as accessory or conditional uses in the residential multi-42 family-12 district (RMF-12). 43 44 a. Permitted uses. 45 46 * * * * * * * * * * * * * 47 48 6. Educational plants and public schools with an agreement with 49 Collier County, as described in LDC section 5.05.14; however, any 50 C:\USERS\KBERKEY\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\IJV2SHNP\(REDLINE) WCF LDCA (09-27-2023) ALL REVISIONS CLEAN (002).DOCX 8 Deleted: G:\LDC AMENDMENTS\CURRENT WORK\TELECOMMUNICATION TOWER UPDATE (PL20230013966)\DRAFTS\CITYVIEW\WCF LDCA (09-27-2023) ALL REVISIONS CLEAN.DOCX high school located in this district is subject to a compatibility 1 review as described in LDC section 10.02.03 2 3 7. Wireless communication facilities, subject to LDC section 5.05.09. 4 5 * * * * * * * * * * * * * 6 7 D. Residential Multi-Family-16 District (RMF-16). The purpose and intent of the residential 8 multi-family-16 district (RMF-16) is to provide lands for medium to high density multiple-9 family residences, generally surrounded by open space, located in close proximity to 10 public and commercial services, with direct or convenient access to arterial and collector 11 roads on the county major road network. Governmental, social, and institutional land uses 12 that serve the immediate needs of the multiple-family residences are permitted as 13 conditional uses as long as they preserve and are compatible with the medium to high 14 density multi-family character of the district. The RMF-16 district corresponds to and 15 implements the urban mixed use land use designation on the future land use map of the 16 Collier County GMP. The maximum density permissible in the RMF-16 district and the 17 urban mixed use land use designation shall be guided, in part, by the density rating system 18 contained in the future land use element of the Collier County GMP. The maximum density 19 permissible or permitted in the RMF-16 district shall not exceed the density permissible 20 under the density rating system, except as permitted by policies contained in the future 21 land use element. 22 23 1. The following subsections identify the uses that are permissible by right and the 24 uses that are allowable as accessory or conditional uses in the residential multi-25 family-16 district (RMF-16). 26 27 a. Permitted uses. 28 29 4. Educational plants and public schools with an agreement with 30 Collier County, as described in LDC section 5.05.14; however, any 31 high school located in this district is subject to a compatibility 32 review as described in LDC section 10.02.03. 33 34 5. Wireless communication facilities, subject to LDC section 5.05.09. 35 36 * * * * * * * * * * * * * 37 38 E. Residential Tourist District (RT). The purpose and intent of the residential tourist district 39 (RT) is to provide lands for tourist accommodations and support facilities, and multiple 40 family uses. The RT district corresponds with and implements the urban mixed use district 41 and the activity center district in the urban designated area on the future land use map of 42 the Collier County GMP. 43 44 1. The following subsections identify the uses that are permissible by right and the 45 uses that are allowable as accessory or conditional uses in the residential tourist 46 district (RT). 47 48 a. Permitted uses. 49 50 5. Townhouses subject to section 5.05.07. 51 C:\USERS\KBERKEY\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\IJV2SHNP\(REDLINE) WCF LDCA (09-27-2023) ALL REVISIONS CLEAN (002).DOCX 9 Deleted: G:\LDC AMENDMENTS\CURRENT WORK\TELECOMMUNICATION TOWER UPDATE (PL20230013966)\DRAFTS\CITYVIEW\WCF LDCA (09-27-2023) ALL REVISIONS CLEAN.DOCX 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 C:\USERS\KBERKEY\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\IJV2SHNP\(REDLINE) WCF LDCA (09-27-2023) ALL REVISIONS CLEAN (002).DOCX 10 Deleted: G:\LDC AMENDMENTS\CURRENT WORK\TELECOMMUNICATION TOWER UPDATE (PL20230013966)\DRAFTS\CITYVIEW\WCF LDCA (09-27-2023) ALL REVISIONS CLEAN.DOCX 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 C:\USERS\KBERKEY\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\IJV2SHNP\(REDLINE) WCF LDCA (09-27-2023) ALL REVISIONS CLEAN (002).DOCX 11 Deleted: G:\LDC AMENDMENTS\CURRENT WORK\TELECOMMUNICATION TOWER UPDATE (PL20230013966)\DRAFTS\CITYVIEW\WCF LDCA (09-27-2023) ALL REVISIONS CLEAN.DOCX 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 C:\USERS\KBERKEY\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\IJV2SHNP\(REDLINE) WCF LDCA (09-27-2023) ALL REVISIONS CLEAN (002).DOCX 12 Deleted: G:\LDC AMENDMENTS\CURRENT WORK\TELECOMMUNICATION TOWER UPDATE (PL20230013966)\DRAFTS\CITYVIEW\WCF LDCA (09-27-2023) ALL REVISIONS CLEAN.DOCX 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 C:\USERS\KBERKEY\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\IJV2SHNP\(REDLINE) WCF LDCA (09-27-2023) ALL REVISIONS CLEAN (002).DOCX 13 Deleted: G:\LDC AMENDMENTS\CURRENT WORK\TELECOMMUNICATION TOWER UPDATE (PL20230013966)\DRAFTS\CITYVIEW\WCF LDCA (09-27-2023) ALL REVISIONS CLEAN.DOCX 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 C:\USERS\KBERKEY\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\IJV2SHNP\(REDLINE) WCF LDCA (09-27-2023) ALL REVISIONS CLEAN (002).DOCX 14 Deleted: G:\LDC AMENDMENTS\CURRENT WORK\TELECOMMUNICATION TOWER UPDATE (PL20230013966)\DRAFTS\CITYVIEW\WCF LDCA (09-27-2023) ALL REVISIONS CLEAN.DOCX 131. Telephone communications (4812 and 4813) including 1 communications towers up to specified height, subject to section 2 5.05.09. 3 4 * * * * * * * * * * * * * 5 6 140. Wireless communication facilities, subject to LDC section 5.05.09. 7 8 1401. Any use which was permissible under the prior General Retail 9 Commercial (GRC) zoning district, as identified by Zoning 10 Ordinance adopted October 8, 1974, and which was lawfully 11 existing prior to the adoption of this Code. 12 13 1412. Any other commercial use or professional services which is 14 comparable in nature with the foregoing uses including those that 15 exclusively serve the administrative as opposed to the operational 16 functions of a business and are purely associated with activities 17 conducted in an office. 18 19 1423. Any other general commercial use which is comparable in nature 20 with the list of permitted uses and consistent with the purpose and 21 intent statement of the district, as determined by the Hearing 22 Examiner or CCPC, pursuant to LDC section 10.02.06 K. 23 24 * * * * * * * * * * * * * 25 26 c. Conditional uses. The following uses are permitted as conditional uses in 27 the general commercial district (C-4), subject to the standards and 28 procedures established in LDC section 10.08.00. 29 30 * * * * * * * * * * * * * 31 32 7. Bottle clubs. (All establishments engaged in the retail sale of 33 alcoholic beverages for on-premise consumption are subject to the 34 locational requirements of section 5.05.01.). 35 36 8. Communication towers above specified height, subject to section 37 5.05.09. 38 39 98. Dealers not elsewhere classified (5599 outdoor display permitted, 40 excluding Aircraft dealers-retail). 41 42 -Remainder of list to be renumbered accordingly- 43 44 254. Veterinary services (0741 and 0742, with outside kenneling). 45 46 * * * * * * * * * * * * * 47 48 E. Heavy Commercial District (C-5). In addition to the uses provided in the C-4 zoning district, 49 the heavy commercial district (C-5) allows a range of more intensive commercial uses and 50 services which are generally those uses that tend to utilize outdoor space in the conduct 51 Commented [1]: Consider changing C-4 to CU as some of the C-4 zoning districts abut residential zoned properties. (Specifically see along Airport Rd S.) C:\USERS\KBERKEY\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\IJV2SHNP\(REDLINE) WCF LDCA (09-27-2023) ALL REVISIONS CLEAN (002).DOCX 15 Deleted: G:\LDC AMENDMENTS\CURRENT WORK\TELECOMMUNICATION TOWER UPDATE (PL20230013966)\DRAFTS\CITYVIEW\WCF LDCA (09-27-2023) ALL REVISIONS CLEAN.DOCX 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 C:\USERS\KBERKEY\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\IJV2SHNP\(REDLINE) WCF LDCA (09-27-2023) ALL REVISIONS CLEAN (002).DOCX 16 Deleted: G:\LDC AMENDMENTS\CURRENT WORK\TELECOMMUNICATION TOWER UPDATE (PL20230013966)\DRAFTS\CITYVIEW\WCF LDCA (09-27-2023) ALL REVISIONS CLEAN.DOCX 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 C:\USERS\KBERKEY\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\IJV2SHNP\(REDLINE) WCF LDCA (09-27-2023) ALL REVISIONS CLEAN (002).DOCX 17 Deleted: G:\LDC AMENDMENTS\CURRENT WORK\TELECOMMUNICATION TOWER UPDATE (PL20230013966)\DRAFTS\CITYVIEW\WCF LDCA (09-27-2023) ALL REVISIONS CLEAN.DOCX 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 C:\USERS\KBERKEY\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\IJV2SHNP\(REDLINE) WCF LDCA (09-27-2023) ALL REVISIONS CLEAN (002).DOCX 18 Deleted: G:\LDC AMENDMENTS\CURRENT WORK\TELECOMMUNICATION TOWER UPDATE (PL20230013966)\DRAFTS\CITYVIEW\WCF LDCA (09-27-2023) ALL REVISIONS CLEAN.DOCX 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 C:\USERS\KBERKEY\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\IJV2SHNP\(REDLINE) WCF LDCA (09-27-2023) ALL REVISIONS CLEAN (002).DOCX 19 Deleted: G:\LDC AMENDMENTS\CURRENT WORK\TELECOMMUNICATION TOWER UPDATE (PL20230013966)\DRAFTS\CITYVIEW\WCF LDCA (09-27-2023) ALL REVISIONS CLEAN.DOCX 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 C:\USERS\KBERKEY\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\IJV2SHNP\(REDLINE) WCF LDCA (09-27-2023) ALL REVISIONS CLEAN (002).DOCX 20 Deleted: G:\LDC AMENDMENTS\CURRENT WORK\TELECOMMUNICATION TOWER UPDATE (PL20230013966)\DRAFTS\CITYVIEW\WCF LDCA (09-27-2023) ALL REVISIONS CLEAN.DOCX 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 C:\USERS\KBERKEY\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\IJV2SHNP\(REDLINE) WCF LDCA (09-27-2023) ALL REVISIONS CLEAN (002).DOCX 21 Deleted: G:\LDC AMENDMENTS\CURRENT WORK\TELECOMMUNICATION TOWER UPDATE (PL20230013966)\DRAFTS\CITYVIEW\WCF LDCA (09-27-2023) ALL REVISIONS CLEAN.DOCX 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 C:\USERS\KBERKEY\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\IJV2SHNP\(REDLINE) WCF LDCA (09-27-2023) ALL REVISIONS CLEAN (002).DOCX 22 Deleted: G:\LDC AMENDMENTS\CURRENT WORK\TELECOMMUNICATION TOWER UPDATE (PL20230013966)\DRAFTS\CITYVIEW\WCF LDCA (09-27-2023) ALL REVISIONS CLEAN.DOCX 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 C:\USERS\KBERKEY\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\IJV2SHNP\(REDLINE) WCF LDCA (09-27-2023) ALL REVISIONS CLEAN (002).DOCX 23 Deleted: G:\LDC AMENDMENTS\CURRENT WORK\TELECOMMUNICATION TOWER UPDATE (PL20230013966)\DRAFTS\CITYVIEW\WCF LDCA (09-27-2023) ALL REVISIONS CLEAN.DOCX 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 C:\USERS\KBERKEY\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\IJV2SHNP\(REDLINE) WCF LDCA (09-27-2023) ALL REVISIONS CLEAN (002).DOCX 24 Deleted: G:\LDC AMENDMENTS\CURRENT WORK\TELECOMMUNICATION TOWER UPDATE (PL20230013966)\DRAFTS\CITYVIEW\WCF LDCA (09-27-2023) ALL REVISIONS CLEAN.DOCX 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 C:\USERS\KBERKEY\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\IJV2SHNP\(REDLINE) WCF LDCA (09-27-2023) ALL REVISIONS CLEAN (002).DOCX 25 Deleted: G:\LDC AMENDMENTS\CURRENT WORK\TELECOMMUNICATION TOWER UPDATE (PL20230013966)\DRAFTS\CITYVIEW\WCF LDCA (09-27-2023) ALL REVISIONS CLEAN.DOCX (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 C:\USERS\KBERKEY\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\IJV2SHNP\(REDLINE) WCF LDCA (09-27-2023) ALL REVISIONS CLEAN (002).DOCX 26 Deleted: G:\LDC AMENDMENTS\CURRENT WORK\TELECOMMUNICATION TOWER UPDATE (PL20230013966)\DRAFTS\CITYVIEW\WCF LDCA (09-27-2023) ALL REVISIONS CLEAN.DOCX 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 C:\USERS\KBERKEY\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\IJV2SHNP\(REDLINE) WCF LDCA (09-27-2023) ALL REVISIONS CLEAN (002).DOCX 27 Deleted: G:\LDC AMENDMENTS\CURRENT WORK\TELECOMMUNICATION TOWER UPDATE (PL20230013966)\DRAFTS\CITYVIEW\WCF LDCA (09-27-2023) ALL REVISIONS CLEAN.DOCX (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 C:\USERS\KBERKEY\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\IJV2SHNP\(REDLINE) WCF LDCA (09-27-2023) ALL REVISIONS CLEAN (002).DOCX 28 Deleted: G:\LDC AMENDMENTS\CURRENT WORK\TELECOMMUNICATION TOWER UPDATE (PL20230013966)\DRAFTS\CITYVIEW\WCF LDCA (09-27-2023) ALL REVISIONS CLEAN.DOCX 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 C:\USERS\KBERKEY\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\IJV2SHNP\(REDLINE) WCF LDCA (09-27-2023) ALL REVISIONS CLEAN (002).DOCX 29 Deleted: G:\LDC AMENDMENTS\CURRENT WORK\TELECOMMUNICATION TOWER UPDATE (PL20230013966)\DRAFTS\CITYVIEW\WCF LDCA (09-27-2023) ALL REVISIONS CLEAN.DOCX 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 C:\USERS\KBERKEY\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\IJV2SHNP\(REDLINE) WCF LDCA (09-27-2023) ALL REVISIONS CLEAN (002).DOCX 30 Deleted: G:\LDC AMENDMENTS\CURRENT WORK\TELECOMMUNICATION TOWER UPDATE (PL20230013966)\DRAFTS\CITYVIEW\WCF LDCA (09-27-2023) ALL REVISIONS CLEAN.DOCX 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 C:\USERS\KBERKEY\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\IJV2SHNP\(REDLINE) WCF LDCA (09-27-2023) ALL REVISIONS CLEAN (002).DOCX 31 Deleted: G:\LDC AMENDMENTS\CURRENT WORK\TELECOMMUNICATION TOWER UPDATE (PL20230013966)\DRAFTS\CITYVIEW\WCF LDCA (09-27-2023) ALL REVISIONS CLEAN.DOCX 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 C:\USERS\KBERKEY\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\IJV2SHNP\(REDLINE) WCF LDCA (09-27-2023) ALL REVISIONS CLEAN (002).DOCX 32 Deleted: G:\LDC AMENDMENTS\CURRENT WORK\TELECOMMUNICATION TOWER UPDATE (PL20230013966)\DRAFTS\CITYVIEW\WCF LDCA (09-27-2023) ALL REVISIONS CLEAN.DOCX 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 C:\USERS\KBERKEY\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\IJV2SHNP\(REDLINE) WCF LDCA (09-27-2023) ALL REVISIONS CLEAN (002).DOCX 33 Deleted: G:\LDC AMENDMENTS\CURRENT WORK\TELECOMMUNICATION TOWER UPDATE (PL20230013966)\DRAFTS\CITYVIEW\WCF LDCA (09-27-2023) ALL REVISIONS CLEAN.DOCX Table 1. Allowable wireless communication facilities by zoning district. 1 2 Zoning District Monopole1 Lattice or Guyed1 Alternative Tower Structures1 Rooftop or Building Mounted Antenna1 Agricultural A P E CU2 Residential RSF-1 NP NP CU CU RSF-2 NP NP CU CU RSF-3 NP NP CU CU RSF-4 NP NP CU CU RSF-5 NP NP CU CU RSF-6 NP NP CU CU RMF-6 NP NP CU CU RMF-12 NP NP CU P RMF-16 NP NP CU P RT CU NP CU P VR CU NP CU P MH CU NP CU P Commercial C-1 P P P P C-2 C-3 C-4 C-5 TTRVC NP P Industrial I P BP Civic and Institutional P P CF Planned Unit Development PUD Pursuant to the applicable PUD Ordinance Rural Fringe RFMU CU Open Space CON CU 1 Temporary Wireless Communication Towers may be located in all zoning districts on a temporary 3 basis for the purposes stated in LDC section 5.05.09. D.6. 4 5 2 See LDC section 5.05.09 H. for additional standards specific to the Estates (E) zoning district. 6 7 F. Design and development standards. 8 9 1. General standards applicable to all types of wireless communication facilities. 10 11 a. Any new WCF or modification to an existing WCF that requires both a Site 12 Development Plan and building permit review may be processed 13 concurrently but at the applicant’s risk. 14 Commented [2]: Same prior comment - "Consider changing to CU as some of the C-4 zoning districts abut residential zoned properties. (Specifically see along Airport Rd S.)" C:\USERS\KBERKEY\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\IJV2SHNP\(REDLINE) WCF LDCA (09-27-2023) ALL REVISIONS CLEAN (002).DOCX 34 Deleted: G:\LDC AMENDMENTS\CURRENT WORK\TELECOMMUNICATION TOWER UPDATE (PL20230013966)\DRAFTS\CITYVIEW\WCF LDCA (09-27-2023) ALL REVISIONS CLEAN.DOCX 1 b. Setbacks. Except as otherwise specified within this section, wireless 2 communication facilities must be setback from the rights-of-way and 3 adjacent properties equal to the height of the tower site unless a State of 4 Florida registered engineer submits documentation and certification the fall 5 zone or collapse distance shall be the minimum setback from the property 6 line and rights-of-way. In addition, wireless communication facilities must 7 satisfy the minimum setback requirements of the zoning district as set forth 8 in the LDC, as well as the requirements of this section. 9 10 c. Security. 11 12 i. All wireless communication facilities and support facilities shall be 13 secured to prevent public access. 14 15 ii. Security lighting to protect on-ground facilities/equipment shall be 16 fully shielded and directed away from neighboring properties. 17 18 d. Sidewalks, bike lane, and pathway requirements. All WCF shall comply 19 with LDC section 6.06.02, except for facilities meeting the following 20 requirements: 21 22 i. The facility is proposed to be located on a parcel that is currently 23 undeveloped; and 24 25 ii. The facility is proposed to be located on a leased area that is less 26 than 25 percent of the total parcel area. 27 28 Such facilities may defer the requirements until the remainder of the parcel 29 is developed through a Site Development Plan. 30 31 e. Signage. 32 33 i. Signage must be provided that includes contact information for the 34 facility. 35 36 ii. No commercial signs or advertising shall be allowed. 37 38 f. Emergency backup generators. An emergency backup generator may be 39 operated at each wireless communication facility site. The Site 40 Development Plan shall identity the location and connection for the 41 emergency backup generator. 42 43 g. Relief from dimensional standards. The purpose of this section is to 44 identify the appropriate process for applicants requesting relief from certain 45 dimensional requirements of the LDC for a proposed WCF. 46 47 i. Relief from setbacks. 48 Reductions of the required setback distances may be approved through a Variance. 49 50 b 51 Commented [3]: We understand the concern for wanting backup power however, for tower sites with multiple carriers this could pose day-to-day logistical issues where each carrier is required to install a backup generator. Deleted: is required to be operated on Deleted: ¶ a) Where the wireless communication facility is a permitted use by right, r Deleted: ) Where the wireless communication facility requires a Conditional Use, reductions of the required setback distances may be approved as a deviating component through the same Conditional Use request. Commented [4]: For consistency relief from required setback distances should be via Variance regardless of use designation (permitted or conditional) C:\USERS\KBERKEY\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\IJV2SHNP\(REDLINE) WCF LDCA (09-27-2023) ALL REVISIONS CLEAN (002).DOCX 35 Deleted: G:\LDC AMENDMENTS\CURRENT WORK\TELECOMMUNICATION TOWER UPDATE (PL20230013966)\DRAFTS\CITYVIEW\WCF LDCA (09-27-2023) ALL REVISIONS CLEAN.DOCX 1 ii. Relief from tower separation requirements. Reductions in the 2 required separation distances may be approved through a 3 Variance. 4 5 iii. Relief from height limitations. Any WCF that is proposed to exceed 6 the height requirements of this LDC section may be approved 7 through a Variance . 8 9 iv. Relief from other related LDC requirements. Wireless 10 communication facilities requesting relief from any other LDC 11 requirement may be approved through a Variance. 12 13 h. Prohibition. No equipment or materials shall be stored or parked on the 14 site of a wireless communications facility unless used in direct support for 15 repairs of a facility. 16 17 2. Standards applicable to all tower facilities. 18 19 a. Co-location of antennas on towers. 20 21 i. A tower owner shall permit other wireless communications 22 providers to co-locate facilities on a tower if space and structural 23 capacity exists. However, co-location requirements shall not apply 24 to towers or structures used as power transmission poles or 25 structures owned or operated by Florida Power and Light or other 26 power companies. 27 28 ii. Facilities shall be constructed to accommodate the minimum 29 number of providers required per maximum facility height 30 requirement, as outlined in Table 2. 31 32 b. Height limitations. New towers and alternative tower structures shall be 33 subject to the height limitations outlined in Table 2. 34 35 Table 2. Tower height and co-location requirements. 36 37 Zoning District of Proposed Tower Minimum Number of Providers to Support Maximum Facility Height (feet)1, 2 Agricultural One 100 Two 130 Three 185 Four 250 All other Zoning Districts One 100 Two 130 Three 185 38 1 Lightning rods may exceed the height limitation provided the rods are no greater than 10 39 feet in length. 40 41 Deleted: as a deviating component through a Conditional Use request Deleted: as a deviating component through a Conditional Use request. Distance from RSF-1 through RSF-6, and RMF-6 zoning districts shall be additional criterion for Conditional Use approval… C:\USERS\KBERKEY\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\IJV2SHNP\(REDLINE) WCF LDCA (09-27-2023) ALL REVISIONS CLEAN (002).DOCX 36 Deleted: G:\LDC AMENDMENTS\CURRENT WORK\TELECOMMUNICATION TOWER UPDATE (PL20230013966)\DRAFTS\CITYVIEW\WCF LDCA (09-27-2023) ALL REVISIONS CLEAN.DOCX 2 A Variance is required for any wireless communications tower or alternative tower structure 1 that does not comply with these requirements pursuant to LDC section 5.05.09 F.1.g. 2 3 c. Separation from off-site abutting uses. Towers shall be separated from 4 abutting uses in conformance with the minimum distances specified in 5 Table 3., measured from the outside of the tower base to the property line 6 of the abutting use. 7 8 Table 3. Tower Separation Requirements from Off-Site Abutting Uses 9 10 1 Excludes residential land uses on Agricultural-zoned lands. 11 12 2 If an alternative tower structure is proposed, separation distances shall be reduced 13 to 50% of tower height. 14 15 3 The Variance process may be used for applications requesting reductions to the 16 minimum required separation distances in Table 3 pursuant to LDC section 5.05.09 17 F.1.g. 18 19 d. Migratory birds and other wildlife considerations. 20 21 i. Wireless communication facility towers. Each new tower that will 22 exceed a height of 75 feet (above ground), but will not exceed a 23 height of 199 feet above natural grade, shall not be guyed. 24 25 ii. Bird diverter devices. Each guyed tower greater than 75 feet in 26 height above natural grade, shall have installed and maintained bird 27 diverter devices on each guy wire. 28 29 iii. Habitat loss. In addition to the requirements in Chapters 3 and 10, 30 towers and support facilities shall be designed, sited, and 31 constructed to minimize habitat loss within the WCF site. At such 32 sites, road access and fencing shall be designed and located to 33 minimize on-site and adjacent habitat fragmentation and/or 34 disturbances. 35 36 e. Design. 37 All Tower Types Abutting Land Use Designation Minimum Separation Distance from Abutting Uses Residential Land Uses1 or Estates Zoned Lots 100% of tower height 2, 3 All Other Land Uses 50% of tower height2 3 Temporary Wireless Communication Facility No restrictions None Deleted: Conditional Use Deleted: permit Deleted: Conditional Deleted: Use C:\USERS\KBERKEY\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\IJV2SHNP\(REDLINE) WCF LDCA (09-27-2023) ALL REVISIONS CLEAN (002).DOCX 37 Deleted: G:\LDC AMENDMENTS\CURRENT WORK\TELECOMMUNICATION TOWER UPDATE (PL20230013966)\DRAFTS\CITYVIEW\WCF LDCA (09-27-2023) ALL REVISIONS CLEAN.DOCX 1 i. Towers, not including alternative tower structures, shall maintain a 2 galvanized gray finish or other approved compatible color, except 3 as required by federal rules or regulations. 4 5 f. Lighting. 6 7 i. No signals, lights, or illumination shall be permitted unless required 8 by the Federal Aviation Administration (FAA) or other applicable 9 authority. If lighting is required the by FAA, the alternatives chosen 10 shall be the least obtrusive to the surrounding community. 11 12 ii. Site lighting (not required by FAA) shall be elevated less than 20 13 feet above grade, fully shielded, and directed downward away from 14 neighboring properties. 15 16 g. Screening. 17 18 i. Wireless communication facilities and support facilities shall be 19 screened with landscaping and a wall, fence, or combination of 20 both. The wall or fence shall be 100 percent opaque with a 21 minimum height of 8 feet and maximum height of 10 feet. The wall 22 or fence shall be designed to ensure that no unauthorized persons 23 can access the facility. Barbed wire is not a permitted material. 24 25 ii. Equipment cabinets. The overall height of ground-mounted 26 equipment or equipment enclosure shall not exceed 12 feet. 27 28 iii. Landscaping. A minimum 10-foot wide Type A buffer along the 29 outside perimeter of the wall or fence shall be required. Tree 30 plantings within the buffer shall be 12 feet in height at time of 31 planting. 32 33 a) Existing, native vegetation on the subject site can be used 34 to meet these screening requirements. If native 35 vegetation is present but not dense enough to meet the 36 requirements, supplemental landscaping must be used to 37 meet the screening requirements. 38 39 b) At the discretion of the County Manager or designee, some 40 or all of these landscape buffering requirements may be 41 displaced to a road right-of-way landscape buffer located 42 within the parcel when it better screens the tower. 43 44 h. Access and parking. Each wireless communication facility site shall have 45 access from a paved or unpaved driveway or access easement. The 46 driveway shall extend to an appropriate location on the premises to 47 accommodate a vehicle to be parked at the facility for normal maintenance. 48 One parking space shall be provided for each facility, and new towers 49 exceeding 185 feet in height shall require a minimum of two parking 50 spaces. 51 C:\USERS\KBERKEY\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\IJV2SHNP\(REDLINE) WCF LDCA (09-27-2023) ALL REVISIONS CLEAN (002).DOCX 38 Deleted: G:\LDC AMENDMENTS\CURRENT WORK\TELECOMMUNICATION TOWER UPDATE (PL20230013966)\DRAFTS\CITYVIEW\WCF LDCA (09-27-2023) ALL REVISIONS CLEAN.DOCX 1 3. Standards applicable to all rooftop or building mounted facilities. 2 3 a. Rooftop equipment shall not occupy more than 25 percent of the roof area 4 and shall comply with the exterior building and site design standards. 5 6 b. Height limitations. 7 8 i. Facilities located on a rooftop, structure, or building with a maximum 9 roofline of 20 feet or greater (measured from the average natural 10 grade) shall be permitted to have a maximum height of 20 feet 11 above the maximum roofline. 12 13 ii. Facilities located on a building or structure with a maximum roofline 14 less than 20 feet (measured from the average natural grade) shall 15 be permitted to have a maximum height equal to the height of the 16 maximum roofline. 17 18 iii. Any facility that is proposed to exceed the height requirements, as 19 provided herein, may be approved as a deviating component 20 through a Conditional Use request pursuant to LDC section 5.05.09 21 F.1.g. Distance from RSF-1 through RSF-6, and RMF-6 zoning 22 districts shall be additional criterion for Conditional Use approval. 23 24 c. Facilities shall be set back from the closest outer edge of the roof a distance 25 of not less than 10 percent of the rooftop length and width, but not less than 26 five feet. 27 28 d. Antenna structures and dish type antennas shall use camouflage 29 techniques that incorporate architectural treatment to conceal or screen 30 their presence from public view through design to unobtrusively blend in 31 aesthetically with the surrounding environment. 32 33 e. Except for antennas that cannot be seen from street level, such as panel 34 antennas on parapet walls, antennas shall not extend out beyond the 35 vertical plane of any exterior wall. 36 37 f. The design elements of the building (i.e., parapet wall, screen enclosures, 38 other mechanical equipment) shall be used to screen the wireless 39 communication facility and support facility. 40 41 g. Co-location is not required for rooftop or building mounted facilities. 42 43 G. Publicly owned property. The applicant of a WCF may proceed at their own risk with the 44 submittal of an application for a WCF located on County-owned lands without having a 45 fully executed agreement or lease in place with the County; however, no development 46 order shall be issued by the County until such agreement or lease has been fully executed. 47 All terms and provisions of the agreement or lease shall be in a form that is acceptable to 48 the County Attorney, including a release from the County of all liability regarding the WCF. 49 50 C:\USERS\KBERKEY\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\IJV2SHNP\(REDLINE) WCF LDCA (09-27-2023) ALL REVISIONS CLEAN (002).DOCX 39 Deleted: G:\LDC AMENDMENTS\CURRENT WORK\TELECOMMUNICATION TOWER UPDATE (PL20230013966)\DRAFTS\CITYVIEW\WCF LDCA (09-27-2023) ALL REVISIONS CLEAN.DOCX 1. Height limitations for wireless communication facilities on property owned, leased, 1 or otherwise controlled by public entities, including but not limited to federal, state, 2 and/or County entities shall be as follows: 3 4 a. Facilities that are 185 feet or less in height are a permitted use by right in 5 all zoning districts. 6 7 b. Facilities that are greater than 185 feet in height shall require a Conditional 8 Use. 9 10 c. Facilities utilizing this exemption must meet all separation requirements of 11 LDC section 5.05.09 F.2.d. and Airport Overlay regulations in the LDC. 12 13 H. Wireless communication facilities in the Estates (E) Zoning District. 14 15 Wireless communication facilities are allowed on parcels designated in the Urban or Rural 16 Golden Gate Estates Sub-element in the Golden Gate Area Master Plan and are subject 17 to the following: 18 19 1. The parcel shall be a minimum 2.25 acres and adjacent to an arterial or collector 20 road. 21 22 2. The wireless communication services provider has provided evidence that the 23 service provider's search radius for the tower location requires placement of the 24 tower in the Estates Zoning District to meet its coverage requirements and that the 25 WCF cannot be co-located on an existing tower and provide the same quality 26 service coverage. 27 28 I. Application requirements in addition to the requirements of LDC section 10.02.00. 29 30 1. Supplemental tower application requirements. 31 32 a. Evidence from a Radio Frequency Engineer that the proposed facilities 33 cannot be installed on another structure in Collier County and shall be 34 located at the proposed site to meet coverage requirements with a 35 composite propagation study illustrating, graphically, existing, and 36 proposed coverage in industry-accepted median received signal ranges. 37 38 b. If co-location is not available, the applicant shall submit an affidavit stating 39 that the applicant made diligent efforts for permission to install or co-locate 40 the facilities on all existing support structures located within the search 41 radius for the proposed facility. The applicant shall establish in the 42 application that: they are unable to provide service at existing sites nearby; 43 no other existing structure is available (including utility poles); and that no 44 reasonable alternative technology can accommodate the facility due to one 45 or more of the following factors: 46 47 i. Insufficient height to allow the facility to function reasonably in parity 48 with similar facilities; 49 50 ii. Insufficient structural strength to support the facility; 51 C:\USERS\KBERKEY\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\IJV2SHNP\(REDLINE) WCF LDCA (09-27-2023) ALL REVISIONS CLEAN (002).DOCX 40 Deleted: G:\LDC AMENDMENTS\CURRENT WORK\TELECOMMUNICATION TOWER UPDATE (PL20230013966)\DRAFTS\CITYVIEW\WCF LDCA (09-27-2023) ALL REVISIONS CLEAN.DOCX 1 iii. Insufficient space to allow the facility to function effectively and 2 reasonably in parity with similar equipment; 3 4 iv. Resulting electromagnetic interference which cannot reasonably be 5 corrected; 6 7 v. Unavailability of a reasonable leasing agreement (a leasing 8 agreement is presumed reasonable if, fees and costs for sharing would exceed the 9 cost of a new communication tower amortized over a 25-year period); and/or 10 11 vi. Other limiting factors. 12 13 2. Supplemental rooftop or building mounted application requirements. 14 15 a. These facilities shall require a Site Development Plan approval, pursuant 16 to LDC subsection 10.02.03 E or F. 17 18 J. Modifications and replacements. 19 20 1. Owners of existing facilities shall comply with the procedures herein to replace or 21 re-locate a facility, co-locate an antenna on a facility, or expand a wireless 22 communication facility. 23 24 2. Any increase in height requires a building permit and may only be permitted if 25 within the allowable height unless approved by Conditional Use pursuant to LDC 26 section 5.05.09 F.1.g. 27 28 K. Routine maintenance. Routine maintenance, which includes readjusting antenna heights 29 or locations and adding new antennas, shall be permitted on existing and new WCF. New 30 construction other than routine maintenance on an existing facility shall comply with the 31 requirements of this LDC section. 32 33 L. Inspections. 34 35 1. Collier County may, upon a 30-day notice to the wireless communication facility 36 owner, request to inspect any wireless communication facility to ensure its 37 structural integrity. The owner or owner’s representative shall be present at all 38 times during the inspection. If the County determines that the facility fails to comply 39 with any applicable codes or standards and that such failure constitutes a danger 40 to persons or property, the owner shall receive written notice that they have 60 41 days to bring the facility into compliance with the applicable codes and standards. 42 Owner shall provide proof of compliance with written affidavit. Failure to bring the 43 facility into compliance within 60 days shall constitute cause for the removal of the 44 structure or facility at the owner's expense. 45 46 2. All guyed towers exceeding 185 feet in height shall be inspected every three years. 47 Self-supporting towers shall be inspected every five years. Each inspection shall 48 be conducted by a qualified professional engineer or other qualified professional 49 inspector, and any inspector-recommended repairs and/or maintenance should be 50 Commented [5]: There needs to be some measure of reasonableness otherwise planning staff and appointed/elected bodies are left to interpret the costs of wireless telecommunication lease rates. C:\USERS\KBERKEY\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\IJV2SHNP\(REDLINE) WCF LDCA (09-27-2023) ALL REVISIONS CLEAN (002).DOCX 41 Deleted: G:\LDC AMENDMENTS\CURRENT WORK\TELECOMMUNICATION TOWER UPDATE (PL20230013966)\DRAFTS\CITYVIEW\WCF LDCA (09-27-2023) ALL REVISIONS CLEAN.DOCX completed without unnecessary delay. At a minimum, each inspection shall include 1 the following: 2 3 a. Tower structure: Including bolts, loose, or damaged members, and signs 4 of unusual stress or vibration. 5 6 b. Guy wires and fittings: Check for age, strength, rust, wear, general 7 condition, and any other signs of possible failure. 8 9 c. Guy anchors and foundations: Assess for cracks in concrete, signs of 10 corrosion, erosion, movement, secure hardware, and general site 11 condition. 12 13 d. Condition of antennas, transmission lines, lighting, painting, insulators, 14 fencing, grounding, and elevator, if any. 15 16 e. For guyed towers: Tower vertical alignment and guy wire tension (both 17 required tension and present tension). 18 19 M. Abandonment. 20 21 1. Collier County may require removal of any abandoned or unused wireless 22 communications facility by the owner within 60 calendar days of confirming 23 abandonment. A WCF shall be considered abandoned if use has been 24 discontinued for 180 consecutive calendar days as determined by Collier County. 25 26 2. Where a WCF is abandoned but not removed within the specified timeframe, the 27 County may remove it and place a lien on the property following procedures for 28 demolition of an unsafe structure. 29 30 3. Where a WCF is utilized for other purposes, including but not limited to, lighting 31 standards and power poles it shall not be considered abandoned if still being 32 maintained in good condition. 33 34 4. Where a WCF is removed by an owner, the owner shall restore the area to as good 35 of a condition as prior to the placement of the facility, unless otherwise instructed 36 by Collier County. 37 38 A. Purpose and intent. This section applies to specified communication towers that support 39 any antenna designed to receive or transmit electromagnetic energy, such as, but not 40 limited to, telephone, television, radio, or microwave transmissions. This section sets 41 standards for construction and facilities siting; and is intended to minimize, where 42 applicable, adverse visual impacts of towers and antennas through careful design, siting, 43 and vegetation screening; to avoid potential damage to adjacent properties from tower 44 failure; to maximize the use of specified new communication towers and, thereby, to 45 minimize the need to construct new towers; to maximize the shared use of specified tower 46 sites to minimize the need for additional tower sites; to lessen impacts new ground 47 mounted towers could have on migratory and other species of birds; to prevent 48 unnecessary habitat fragmentation and/or disturbance in siting and designing new towers; 49 and to consider the concerns of the Collier Mosquito Control District as to low flying 50 mosquito control aircraft safety. 51 C:\USERS\KBERKEY\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\IJV2SHNP\(REDLINE) WCF LDCA (09-27-2023) ALL REVISIONS CLEAN (002).DOCX 42 Deleted: G:\LDC AMENDMENTS\CURRENT WORK\TELECOMMUNICATION TOWER UPDATE (PL20230013966)\DRAFTS\CITYVIEW\WCF LDCA (09-27-2023) ALL REVISIONS CLEAN.DOCX 1 B. Definitions unique to communications towers, section 5.05.09. 2 3 1. As used herein "antenna" does not include (a) wire antennas or (b) "receive only" 4 dishes that have an outside diameter of less than 40 inches. 5 6 2. Effective radius means a radius of 6 miles from the respective tower unless a lesser 7 radius is approved. 8 9 3. Lesser effective radius means an approved radius of less than 6 miles. 10 11 4. "Unavailable to the applicant" means a tower that cannot accommodate the 12 applicant's proposed antenna or a site that cannot accommodate the applicant's 13 tower, antenna, and related facilities. 14 15 5. "Unavailable" means that no additional tower or site capacity is available to 16 anyone. 17 18 C. Migratory Birds and other Wildlife Considerations. 19 20 1. Ground Mounted towers. Except to the extent not feasible for the respective new 21 ground mounted tower's intended purpose(s), each new ground mounted tower 22 that will exceed a height of 75 feet (above ground), exclusive of antennas, but will 23 not exceed a height of 199 feet above natural grade, exclusive of antennas, should 24 not be guyed. If the applicant proposes that a new ground mounted tower within 25 this height range be guyed, the applicant shall have the burden of proving the 26 necessity of guying the tower. 27 28 2. Bird Diverter Devices. Each new ground mounted guyed tower installed on or after 29 February 20, 2004, greater then 75 feet in height above natural grade, exclusive 30 of antennas, shall have installed and maintained bird diverter devices on each guy 31 wire (to reduce injuries to flying birds). 32 33 3. Habitat Loss. In addition to the requirements in Chapters 3 and 10, towers and 34 other on-site facilities shall be designed, sited, and constructed to minimize habitat 35 loss within the tower footprint. At such sites, road access and fencing, to the extent 36 feasible, shall be utilized to minimize on-site and adjacent habitat fragmentation 37 and/or disturbances. 38 39 4. Security Lighting. When feasible, security lighting to protect on-ground 40 facilities/equipment shall be down-shielded to try to keep such light within the 41 outermost geographic boundaries of the tower's footprint. 42 43 D. Shared use of towers. A tower with a height in excess of 185 feet above natural grade 44 shall not be approved, unless the applicant demonstrates that no old or approved tower 45 within the effective radius can accommodate the applicant's proposed antenna and 46 ancillary equipment. Towers owned by or leased to any government are exempt from 47 these shared use provisions, except as to sharing with other governments. 48 49 1. For the purpose of discovering availability for use of towers within the effective 50 radius, the applicant shall contact the owner of all old and approved towers, within 51 C:\USERS\KBERKEY\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\IJV2SHNP\(REDLINE) WCF LDCA (09-27-2023) ALL REVISIONS CLEAN (002).DOCX 43 Deleted: G:\LDC AMENDMENTS\CURRENT WORK\TELECOMMUNICATION TOWER UPDATE (PL20230013966)\DRAFTS\CITYVIEW\WCF LDCA (09-27-2023) ALL REVISIONS CLEAN.DOCX the effective radius, that can possibly accommodate the needs of the applicant. 1 The county manager or designee may preapprove the minimum allowable height 2 to determine which towers may be available for use by the applicant. A list of all 3 owners contacted, the date of each contact, the form and content of each contact, 4 and all responses shall be a part of the conditional use application. As an 5 accommodation to applicants, the county manager or designee shall retain all 6 shared use plans, records of past responses, and a list of old and approved towers. 7 If the owner of an old tower does not respond to the applicant's inquiry within a 8 reasonable time, generally 30 days or less, or the owner of an old tower will not 9 rent space to the applicant at a reasonable rental for a reasonable time period, 10 such old tower shall be deemed unavailable to that applicant. If the old tower is a 11 nonconforming structure, additional antennas may be installed thereon in 12 accordance with an approved shared use plan, provided however, no structural 13 alterations may be made to the tower, and the height of the tower inclusive of its 14 antennas may not be increased. 15 16 2. Lesser effective radius. If the applicant asserts that the effective radius for the 17 intended use is less than 6 miles, the applicant shall provide evidence that the 18 asserted lesser effective radius is based on physical and/or electrical 19 characteristics. Based on the evidence submitted by the applicant, the County 20 Manager or designee may establish a lesser effective radius. If a radius can be 21 increased by signal amplification or other means, such means must be considered 22 in determining the lesser effective radius. The antenna manufacturer's 23 specifications shall be conclusive, unless the applicant can prove they are incorrect 24 in the specific case. 25 26 3. If an approved tower within the applicant's approved effective radius may have 27 capacity available for the antenna proposed by the applicant, the application for a 28 new tower shall not be complete without the following information regarding each 29 such possibly available approved tower. Such information shall also be provided 30 for old towers to the extent it can be obtained. 31 32 Identification of the site of each possibly available tower by coordinates, street 33 address or legal description, existing uses, and tower height. 34 35 Whether shared use by the applicant of the tower is prohibited (or is not feasible) 36 for any reason. 37 38 If it has been determined that the tower owner will allow structural changes, 39 whether the tower can accommodate the proposed antenna if reasonable 40 structural changes are made. If so, the applicant shall specify what structural 41 changes would be required and an approximation of the costs of such changes. If 42 the costs of the required changes are financially impracticable, such tower shall be 43 deemed unavailable to the applicant. 44 4. The applicant shall contact the owner of each possibly available approved tower 45 to request the needed information. To enable the tower owner to respond, the 46 applicant shall provide the following information regarding the applicant's proposed 47 antenna and equipment: 48 49 a. All output frequencies of transmitter. 50 51 C:\USERS\KBERKEY\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\IJV2SHNP\(REDLINE) WCF LDCA (09-27-2023) ALL REVISIONS CLEAN (002).DOCX 44 Deleted: G:\LDC AMENDMENTS\CURRENT WORK\TELECOMMUNICATION TOWER UPDATE (PL20230013966)\DRAFTS\CITYVIEW\WCF LDCA (09-27-2023) ALL REVISIONS CLEAN.DOCX b. Type of modulation, polarization of radiation, and proposed use of antenna. 1 2 c. Manufacturer, type, manufacturer's model number, a diagram of the 3 antenna's radiation pattern, and the manufacturer's specifications. 4 5 d. Power input to antenna and gain of antenna in decibels with respect to an 6 isotopic radiator. 7 8 e. Range in feet of maximum and minimum height of antenna above base of 9 tower. 10 11 f. A list of necessary ancillary equipment and description of the type of 12 transmission cable to be used. 13 14 g. Any other pertinent information needed to enable the owner to respond in 15 full to the inquiry. 16 17 E. Shared use of tower sites. A tower with a height in excess of 185 feet above natural grade 18 shall not be approved on a new tower site unless the applicant demonstrates that the 19 proposed tower, antennas, and accessory structures or uses cannot be located on any 20 conforming old site or approved site situated within the effective radius. Sites owned by 21 any government or leased to any government are exempt from these shared use 22 provisions except to other governments. 23 24 1. Except as to each old site or approved site determined by the County Manager or 25 designee, or in a shared use plan to be unavailable to the applicant, the applicant 26 shall contact the owner of all other conforming old sites and approved tower sites, 27 within the effective radius, containing sufficient land area to possibly accommodate 28 the needs of the applicant. 29 30 2. For each such possibly available tower site, the application for a new tower site 31 shall not be complete without the following information: 32 33 a. Identification of the proposed new tower site by coordinates, street address 34 or legal description, area, existing uses, topography, and significant natural 35 features. 36 37 b. Evidence that no old and no approved tower site within the effective radius 38 can accommodate the applicant's needs. 39 40 c. If the owner of an old tower site does not respond to the applicant's simple 41 letter of interest inquiry within thirty (30) days, or the owner of an old tower 42 site will not rent land to accommodate the applicant's needs for a 43 reasonable period of time at reasonable rentals, such old tower site shall 44 be deemed unavailable to the applicant. 45 46 d. The applicant is not required to supply this information to owners of 47 conforming old sites unless the old site appears to be available to the 48 applicant by a shared use plan or the site's owner has responded positively 49 to the applicant's initial letter of inquiry. To enable the site owner to 50 respond, the applicant shall provide the site owner (and the owner of any 51 C:\USERS\KBERKEY\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\IJV2SHNP\(REDLINE) WCF LDCA (09-27-2023) ALL REVISIONS CLEAN (002).DOCX 45 Deleted: G:\LDC AMENDMENTS\CURRENT WORK\TELECOMMUNICATION TOWER UPDATE (PL20230013966)\DRAFTS\CITYVIEW\WCF LDCA (09-27-2023) ALL REVISIONS CLEAN.DOCX tower on the site) with the dimensional characteristics and other relevant 1 data about the tower, and a report from a professional engineer licensed in 2 the State of Florida, or other qualified expert, documenting the following: 3 4 e. tower height and design, including technical, engineering, and other 5 pertinent factors governing the intended uses and selection of the proposed 6 design. An elevation and a cross section of the towers tructure shall be 7 included. 8 9 f. Total anticipated capacity of the tower, including number and types of 10 antennas and needed transmission lines, accessory use needs including 11 specification of all required ancillary equipment, and required building and 12 parking space to accommodate same. 13 14 g. Evidence of structural integrity of the proposed tower as required by the 15 building official and, for metal towers, a statement promising full 16 compliance with the then latest edition of the standards published by the 17 Electronic Industries Association (currently EIA/TIA 222-E), or its 18 successor functional equivalent, as may be amended for local application. 19 20 3. If the site owner, or owner of a tower on the respective site, asserts that the site 21 cannot accommodate the applicant's needs, the respective owner shall specify in 22 meaningful detail reasons why the site cannot accommodate the applicant. To the 23 extent information is current and correct in the respective tower site's approved 24 shared use plan, the site owner or tower owner can refer the applicant to the 25 respective shared use plan. If the shared use plan is not then up-to-date, the plan 26 shall be brought up-to-date immediately by the owner and the written reply to the 27 applicant shall specify to what extent the shared use plan is incorrect, incomplete, 28 or otherwise not up-to-date. 29 30 4. No provision in a shared use plan, land lease, mortgage, option to purchase, lease-31 option, contract for deed, or other controlling document shall provide, or have the 32 effect, that the site is exclusive to one (1) tower, unless there is good reason for 33 such restriction, other than the prevention of competition or a desire or inclination 34 not to cooperate in good faith. If the site size is physically and electrically 35 compatible with the installation on-site of any other tower, no such document shall 36 prevent other towers, except for reasons approved by the County Manager or 37 designee. An unapproved document provision of tower exclusivity shall be grounds 38 to disapprove an application for tower site approval. 39 40 F. Required sharing. Each new tower in excess of 185 feet in height (shared use tower), 41 except towers that are approved to be perpetually unavailable, shall be designed to 42 structurally accommodate the maximum amount of additional antenna capacity 43 reasonably practicable. Although it is not required that a new tower be constructed at 44 additional expense to accommodate antennas owned by others, no new tower shall be 45 designed to accommodate only the tower owner's proposed antennas when, without 46 additional expense, antenna space for other owners can be made available on the tower. 47 48 1. Shared use plans. Each shared use plan shall be in a standard format that has 49 been approved by the County Manager or designee. Each shared use plan shall 50 specify in detail to what extent there exists tower and/or site capacity to 51 C:\USERS\KBERKEY\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\IJV2SHNP\(REDLINE) WCF LDCA (09-27-2023) ALL REVISIONS CLEAN (002).DOCX 46 Deleted: G:\LDC AMENDMENTS\CURRENT WORK\TELECOMMUNICATION TOWER UPDATE (PL20230013966)\DRAFTS\CITYVIEW\WCF LDCA (09-27-2023) ALL REVISIONS CLEAN.DOCX accommodate additional antennas and/or additional towers, ancillary equipment, 1 and accessory uses. Available antenna capacity on a tower shall be stated in 2 detailed clearly understandable terms, and may be stated in equivalent flat plate 3 area and total additional available transmission line capacity. The tower owner (as 4 to tower shared use plans) and the landowner (as to site shared use plans) shall 5 update its respective approved shared use plans by promptly filing pertinent 6 update information with the County Manager or designee. Owners of old towers 7 and/or old sites may file shared use plans in accord with this section. 8 9 2. Reservation of capacity. If an applicant for a shared use tower does not plan to 10 install all of its proposed antennas during initial construction of the tower, the 11 applicant must specify the planned schedule of installing such later added 12 antennas as part of the shared use plan. An applicant cannot indefinitely prevent 13 the use of unused available antenna space on a tower by reserving to itself such 14 space. No available space can be reserved for the owner or anyone else, unless 15 approved in the shared use plan. If an antenna is not installed by the scheduled 16 deadline, the reserved space shall automatically be rendered available for use by 17 others, unless the shared use plan has, by the deadline, been amended with the 18 approval of the County Manager or designee. Deadlines may be extended even if 19 the tower is a nonconforming structure. If space has been reserved in a shared 20 use plan for future additional antenna use by the tower owner and it becomes clear 21 that such space will not be utilized by the owner, the shared use plan shall be 22 amended promptly to reflect the availability of such space. 23 24 3. Reservation of site capacity. The policy stated above applies also to additional 25 tower space on an approved tower site to prevent indefinite reservation of available 26 site space. 27 28 4. Height bonus for sharing. Notwithstanding anything to the contrary in any County 29 ordinance, any existing conforming or nonconforming tower may be permitted a 30 one-time increase in height, provided: 31 32 a. Any such increase in height does not exceed thirty (30) feet or twenty (20) 33 percent of the height of the existing tower, whichever is less; 34 35 b. The cost of such increase in height does not exceed fifty (50) percent of 36 the actual replacement cost of the tower at the time of the application; 37 38 c. A shared use plan covering the tower with the increased height is first 39 approved by the County Manager or designee; 40 41 d. The increase in height does not cause the proposed tower to exceed any 42 required maximum height requirement for towers or make a legally 43 conforming tower become nonconforming; 44 45 e. Substantiated proof that such proposed antenna(s) may not be placed on 46 the existing tower by relocating or adjusting existing antennas and 47 equipment shall be submitted by an appropriate professional engineer 48 certified to practice in the State of Florida; and 49 50 C:\USERS\KBERKEY\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\IJV2SHNP\(REDLINE) WCF LDCA (09-27-2023) ALL REVISIONS CLEAN (002).DOCX 47 Deleted: G:\LDC AMENDMENTS\CURRENT WORK\TELECOMMUNICATION TOWER UPDATE (PL20230013966)\DRAFTS\CITYVIEW\WCF LDCA (09-27-2023) ALL REVISIONS CLEAN.DOCX f. A site development plan shall be submitted for review and approval if an 1 increase in tower height requires placement of, or addition to, an antenna 2 equipment building or support building. 3 4 5. Filing shared use plans. Each approved shared use plan shall be filed and 5 recorded in the Office of the Collier County Clerk of Court prior to any site 6 development plan approval. A copy of the initial shared use plan shall be filed with, 7 and approved by, the County Manager or designee prior to conditional use 8 approval. 9 10 6. Shared use plans for old towers and old tower sites. Initial shared use plans and 11 amendments for old towers require approval of the County Manager or designee. 12 Initial shared use plans and amendments for old tower sites require approval of 13 the BCC, except where an amendment reduces site and/or antenna capacity. 14 15 7. Transmitting and receiving equipment serving similar kinds of uses shall, to the 16 extent reasonable and commercially practicable, be placed on a shared use tower 17 in such a manner that any of the users in a group can operate approximately equal 18 to other users in the group utilizing substantially similar equipment. 19 20 8. Once a shared use plan for a tower is approved, additional antennas may be added 21 to that tower in accordance with the approved shared use plan without additional 22 conditional use approval even if the tower is then a nonconforming structure. The 23 shared use plan shall be immediately updated to reflect each such change. 24 Likewise, once a new shared use plan for a tower site is approved, additional 25 towers and accessory buildings and uses may be added to that site in accordance 26 with the plan without additional conditional use approval, even if the site is then 27 nonconforming. The shared use plan shall be immediately updated to reflect each 28 change. 29 30 9. For each tower with a height in excess of 185 feet that is approved, the tower 31 owner shall be required, as a condition of approval, to file an approved shared use 32 plan, except when a government tower is approved to be perpetually unavailable. 33 To the extent that there is capacity for other antennas on the tower, the plan shall 34 commit the tower owner and all successor owners to allow shared use of the tower 35 in accordance with the shared use plan for antennas of others at reasonable rates. 36 The initial proposed rates (or a range of reasonable rates) shall be specified in the 37 shared use plan, and shall be amended each time the rates are changed. When 38 antenna space on a tower is rented to others, each rental agreement shall be filed 39 with the shared use plan. Any agreement that purports to reserve antenna space 40 for future use must be approved by the County Manager or designee. 41 10. For each new shared use tower site that is approved, the owner shall be required, 42 as a condition of approval, to file an approved shared use plan, except as to a 43 government site that is approved to be perpetually unavailable. If there is land 44 available on the site to accommodate additional towers and accessory facilities, 45 the plan shall commit the landowner and successor owners to accommodate such 46 additional facilities on the site at reasonable rents (or a range of reasonable rents) 47 which shall be specified in the shared use plan. When land is rented for facilities 48 on the site, the rental agreement shall be filed with the shared use plan. Any 49 agreement that purports to reserve land for future use of a tower and other facility 50 space must be approved by the County Manager or designee. 51 C:\USERS\KBERKEY\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\IJV2SHNP\(REDLINE) WCF LDCA (09-27-2023) ALL REVISIONS CLEAN (002).DOCX 48 Deleted: G:\LDC AMENDMENTS\CURRENT WORK\TELECOMMUNICATION TOWER UPDATE (PL20230013966)\DRAFTS\CITYVIEW\WCF LDCA (09-27-2023) ALL REVISIONS CLEAN.DOCX 1 11. Each new tower owner or site owner, as the case may be, shall agree, as a 2 condition of approval, to respond, in writing, in a comprehensive manner within 3 thirty (30 days) to each request for information from a potential shared use 4 applicant. Government owners need to reply only to requests from another 5 government. To the extent that correct and up-to-date information is contained in 6 an approved shared use plan, the owner may refer the applicant to the shared use 7 plan for the information. If the shared use plan is incorrect, incomplete, or 8 otherwise not up-to-date, the respective owner shall, in the response, specify, in 9 detail, such information, and shall immediately bring the shared use plan up-to-10 date. 11 12 12. The tower owner or site owner, as the case may be, shall, as a condition of 13 approval, negotiate in good faith for shared use of tower space and/or site space 14 by applicants in accordance with its shared use plan. 15 16 13. All conditions of approval regarding a tower shall run with the ownership of the 17 tower and be binding on all subsequent owners of the tower. All conditions of 18 approval regarding an approved tower site shall run with the land and be binding 19 on all subsequent owners of the tower site. 20 21 G. Development standards for communication towers. 22 23 1. Except to the extent that amateur radio towers, and ground-mounted antennas 24 with a height not to exceed twenty (20) feet, are exempted by subsection 5.05.09 25 herein, no new tower of any height shall be permitted in the RSF-1 through RSF-26 6, RMF-6, VR, MH, TTRVC, and E zoning districts. However, notwithstanding other 27 provisions of this section, including the separation requirements of subsection 28 5.05.09 G.7. below, towers may be allowed to any height as a conditional use in 29 the Estate (E) zoning district only on parcels designated as Urban or Rural Golden 30 Gate Estates Sub-Element in the Golden Gate Area Master Plan or sites approved 31 for a specified essential service listed in subsection 5.05.09 G.3. below. There shall 32 be no exception to this subsection except for conditional use applications by a 33 government for a governmental use. 34 35 2. Permitted ground-mounted towers. Towers not exceeding the stated maximum 36 heights are a permitted use, subject to other applicable provisions of this section, 37 including separate requirements and shared use provisions. towers that exceed 38 those specified maximum heights require a variance in accordance with section 39 9.04.00. 40 a. All commercial and industrial zoning districts and urban designated area 41 agricultural zoning districts: Any tower up to seventy-five (75) feet in height 42 is a permitted use, provided the base of such tower is separated a minimum 43 distance of seventy-five (75) feet from the nearest boundary with any parcel 44 of land zoned RSF-1 through RSF-6, RMF-6, E, RMF-12, RMF-16, RT, VR, 45 MH, TTRVC, or PUD permitting six (6) residential dwelling units or less. 46 Any tower that exceeds seventy-five (75) feet in height, up to a height of 47 185 feet, is a lawful use, only if permitted or otherwise provided in the 48 respective zoning district, and the base of such tower is separated from the 49 nearest boundary of any parcel of land zoned RSF-1 through RSF-6, RMF-50 6, E, RMF-12, RMF-16, RT, VR, MH, TTRVC, or PUD zoning of six (6) 51 C:\USERS\KBERKEY\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\IJV2SHNP\(REDLINE) WCF LDCA (09-27-2023) ALL REVISIONS CLEAN (002).DOCX 49 Deleted: G:\LDC AMENDMENTS\CURRENT WORK\TELECOMMUNICATION TOWER UPDATE (PL20230013966)\DRAFTS\CITYVIEW\WCF LDCA (09-27-2023) ALL REVISIONS CLEAN.DOCX residential dwelling units or less, by a minimum distance in feet determined 1 by multiplying the height of the tower (in feet) by a factor of two and one-2 half (2.5). (The minimum separation distance is two and one-half (2 ½) 3 times the height of the tower.) towers which do not meet the separation 4 requirement may apply for a variance in accordance with section 9.04.00. 5 6 b. Agricultural zoning districts within the rural designated area: Towers shall 7 not exceed 250 feet in height. 8 9 c. All agricultural zoning districts: No tower that exceeds 250 feet in height 10 exclusive, of any antenna affixed thereto, shall be allowed on any site 11 comprising less than ten (10) acres under common ownership or control, 12 except such towers can be approved as a conditional use on sites of less 13 than ten (10) acres if the applicant cannot, with economic feasibility, 14 acquire title to, or control of, a suitable tower site of at least ten (10) acres 15 in the required geographic vicinity of the proposed tower site. 16 17 3. Essential services—Specified conditional uses Except in the RSF-1 through RSF-18 6, and RMF-6 zoning districts, towers may be allowed to any height as a conditional 19 use on sites approved for a conditional use essential service for any of the following 20 conditional uses: safety service facilities including, but not necessarily limited to, 21 fire stations, sheriff's substation or facility, emergency medical services facility, and 22 all other similar uses where a communications tower could be considered an 23 accessory or logically associated use with the safety service conditional use on the 24 site. In addition, communications towers can be approved as a conditional use for 25 a stand-alone essential service facility, provided the tower is to be owned by, or to 26 be leased to, a governmental entity, and the primary uses of the tower are for 27 governmental purposes. 28 29 4. New towers shall be installed only on rooftops in the RMF-12, RMF-16, and RT 30 zoning districts, except amateur radio towers with a height not to exceed seventy-31 five (75) feet above the natural grade, and ground-mounted antennas with a height 32 not to exceed twenty (20) feet above the natural grade, are permitted within these 33 zoning districts. 34 35 36 5. Ground-mounted monopole communication towers up to 150 feet in height above 37 the natural grade, including antennas affixed thereto, may be allowed as a 38 conditional use within these zoning districts. The height of each monopole 39 communication tower shall be limited to the height necessary for its use at its 40 location. 41 42 6. Rooftop towers, antenna structures, and antennas. 43 44 a. Rooftop towers, antenna structures, and antennas are allowed in all zoning 45 districts except the RSF-1 through RSF-6, RMF-6, and E zoning districts. 46 47 b. Rooftop towers, antenna structures, and antennas are, as specified, 48 subject to the following: 49 50 C:\USERS\KBERKEY\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\IJV2SHNP\(REDLINE) WCF LDCA (09-27-2023) ALL REVISIONS CLEAN (002).DOCX 50 Deleted: G:\LDC AMENDMENTS\CURRENT WORK\TELECOMMUNICATION TOWER UPDATE (PL20230013966)\DRAFTS\CITYVIEW\WCF LDCA (09-27-2023) ALL REVISIONS CLEAN.DOCX i. Permitted uses. Rooftop antenna structures and antennas are a 1 permitted use up to a height of twenty (20) feet above the maximum 2 roofline, provided the height of the maximum roofline is twenty (20) 3 feet or more above the average natural grade. If the maximum 4 roofline is less than twenty (20) feet above the average natural 5 grade, an antenna structure and/or antenna is a permitted use up 6 to a height that equals the distance from the average natural grade 7 to the maximum roofline. For example, if the distance from the 8 average natural grade to the maximum point of the roofline is fifteen 9 (15) feet, an antenna structure and/or antenna is a permitted use 10 up to a height of fifteen (15) feet above the maximum roofline. Any 11 antenna structure, tower, or antenna that exceeds its permitted use 12 height, as provided herein, shall require conditional use approval, 13 and the maximum allowable height of the structure, tower, and all 14 antennas shall be determined in each specific case. Distance from 15 RSF-1 through RSF-6, and RMF-6 zoning districts shall be a major 16 consideration in determining the allowable height of rooftop 17 facilities. 18 19 ii. Towers and antenna structures shall be set back from the closest 20 outer edge of the roof a distance of not less than ten (10) percent 21 of the rooftop length and width, but not less than five (5) feet, if the 22 antenna can function at the resulting location. 23 24 iii. Antenna structures and dish type antennas shall be painted to make 25 them unobtrusive. 26 27 iv. Except for antennas that cannot be seen from street level, such as 28 panel antennas on parapet walls, antennas shall not extend out 29 beyond the vertical plane of any exterior wall. 30 31 v. Where technically feasible, dish type antennas shall be constructed 32 of open mesh design. 33 34 vi. Where feasible, the design elements of the building (i.e., parapet 35 wall, screen enclosures, other mechanical equipment) shall be 36 used to screen the communications tower, structure, and antennas. 37 38 vii. The building and roof shall be capable of supporting the roof-39 mounted antenna, structure, and tower. 40 i. No rooftop shall be considered a tower site. This section does not 41 require any sharing of any rooftop, rooftop tower, or antenna 42 structure. 43 44 7. With the exception of rooftop towers and towers on essential services sites, each 45 new communication tower shall meet the following separation requirements: 46 47 a. Each new tower that exceeds 185 feet in height shall be located not less 48 than two and one-half (2.5) times the height of the tower from all RSF-1 49 through RSF-6, and RMF-6 zoning districts, including PUDs where the 50 adjacent use(s) is/are, or comparable to, the RSF-1 through RSF-6 and 51 C:\USERS\KBERKEY\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\IJV2SHNP\(REDLINE) WCF LDCA (09-27-2023) ALL REVISIONS CLEAN (002).DOCX 51 Deleted: G:\LDC AMENDMENTS\CURRENT WORK\TELECOMMUNICATION TOWER UPDATE (PL20230013966)\DRAFTS\CITYVIEW\WCF LDCA (09-27-2023) ALL REVISIONS CLEAN.DOCX RMF-6 zoning districts. If a part of a PUD is not developed, and it is 1 inconclusive whether the part of a PUD area within such minimum 2 separation distance from the proposed tower site may be developed with a 3 density of six (6) units per acre or less, it shall be presumed that the PUD 4 area nearest to the proposed site will be developed at the lowest density 5 possible under the respective PUD. 6 7 b. In addition, each such new tower that exceeds a height of seventy-five (75) 8 feet, excluding antennas, shall be separated from all boundaries of 9 surrounding property zoned RMF-12, RMF-16, E, RT, VR, MH, TTRVC, H, 10 and the residential areas of PUDs with existing or planned densities greater 11 than six (6) units per acre by not less than the total height of the tower 12 including its antennas; and from all other surrounding property boundaries 13 by a distance not less than one-half (½) the height of the tower and its 14 antennas, or the tower's certified collapse area, whichever distance is 15 greater. 16 17 c. Communication towers in the Estate (E) zoning district shall be separated 18 from residentially zoned properties as follows: 19 20 i. New towers up to 75 feet in height shall be located not less than the 21 total height of the tower and antennas from all residentially zoned 22 properties. 23 24 ii. New towers over 75 feet in height shall be located not less than two 25 and one-half times the height of the tower and antennas, or the 26 certified collapse area, whichever distance is greater, from all 27 residentially zoned properties. 28 29 8. All owners of approved towers are jointly and severally liable and responsible for 30 any damage caused to off-site property as a result of a collapse of any tower 31 owned by them. 32 33 9. Placement of more than one (1) tower on a land site is preferred and encouraged, 34 and may be permitted, provided, however, that all setbacks, design, and landscape 35 requirements are met as to each tower. structures may be located as close to each 36 other as technically feasible, provided tower failure characteristics of the towers on 37 the site will not likely result in multiple tower failures in the event that one (1) tower 38 fails, or will not otherwise present an unacceptable risk to any other tower on the 39 site. It shall be the policy of the County to make suitable County-owned land 40 available for towers and ancillary facilities at reasonable rents. 41 42 43 10. Any accessory buildings or structures shall meet the minimum yard requirements 44 for the respective zoning district. accessory uses shall not include offices, long-45 term vehicle storage, outdoor storage, broadcast studios except for temporary 46 emergency purposes, or other structures and/or uses that are not needed to send 47 or receive transmissions, and in no event shall such uses exceed twenty-five (25) 48 percent of the floor area used for transmission or reception equipment and 49 functions. Transmission equipment shall be automated, to the greatest extent 50 economically feasible, to reduce traffic and congestion. Where the site abuts, or 51 C:\USERS\KBERKEY\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\IJV2SHNP\(REDLINE) WCF LDCA (09-27-2023) ALL REVISIONS CLEAN (002).DOCX 52 Deleted: G:\LDC AMENDMENTS\CURRENT WORK\TELECOMMUNICATION TOWER UPDATE (PL20230013966)\DRAFTS\CITYVIEW\WCF LDCA (09-27-2023) ALL REVISIONS CLEAN.DOCX has access to, a collector street, access for motor vehicles shall be limited to the 1 collector street. All equipment shall comply with the then applicable noise 2 standards. 3 4 11. For new commercial towers exceeding 185 feet in height, a minimum of two (2) 5 parking spaces shall be provided on each site. An additional parking space for 6 each two (2) employees shall be provided at facilities which require on-site 7 personnel. Facilities which do not require on-site personnel may utilize impervious 8 parking. 9 10 11 12. All new tower bases, guy anchors, outdoor equipment, accessory buildings, and 12 accessory structures shall be fenced. This provision does not apply to amateur 13 radio towers, or to ground-mounted antennas that do not exceed twenty (20) feet 14 above grade. 15 16 13. Tower lighting. Towers and antennas with a height greater than 150 feet shall be 17 required to have red beacon or dual mode lights, unless exempted, in writing, by 18 the Collier County Mosquito Control District. Such lights shall meet the then 19 existing Federal Aviation Administration ("FAA") technical standards. No other 20 towers or antennas shall be artificially lighted, except as required by the FAA, the 21 Federal Communications Commission, or other applicable laws, ordinances, or 22 regulations. If the FAA rules require lighting, then the applicant shall comply with 23 such rules. 24 25 New towers exceeding 199 feet. Each new tower that will have a height in excess 26 of one hundred and ninety-nine (199) feet above ground, exclusive of antennas, 27 and such tower shall be lighted no more than is otherwise required by state and/or 28 federal law, rule, or regulation. Unless otherwise then required by law, rule or 29 regulation, only white strobe lights shall be used at night, unless otherwise required 30 by the FAA, in which case red strobe-type lights shall be used. Such lights shall 31 not exceed the minimum number, minimum intensity, and minimum light flashes 32 per interval of time (requiring the longest allowable duration between light flashes) 33 required by state or federal law, rule, or regulation. Solid red (or pulsating red) 34 warning lights shall not be used at night. 35 36 14. All guyed towers exceeding 185 feet in height shall be inspected every three (3) 37 years. Self-supporting towers shall be inspected every five (5) years. Each 38 inspection shall be conducted by a qualified professional engineer or other 39 qualified professional inspector, and any inspector-recommended repairs and/or 40 maintenance should be completed without unnecessary delay. At a minimum, each 41 inspection shall include the following: 42 43 a. Tower structure: Including bolts, loose or damaged members, and signs of 44 unusual stress or vibration. 45 46 b. Guy wires and fittings: Check for age, strength, rust, wear, general 47 condition, and any other signs of possible failure. 48 49 C:\USERS\KBERKEY\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\IJV2SHNP\(REDLINE) WCF LDCA (09-27-2023) ALL REVISIONS CLEAN (002).DOCX 53 Deleted: G:\LDC AMENDMENTS\CURRENT WORK\TELECOMMUNICATION TOWER UPDATE (PL20230013966)\DRAFTS\CITYVIEW\WCF LDCA (09-27-2023) ALL REVISIONS CLEAN.DOCX c. Guy anchors and foundations: Assess for cracks in concrete, signs of 1 corrosion, erosion, movement, secure hardware, and general site 2 condition. 3 4 d. Condition of antennas, transmission lines, lighting, painting, insulators, 5 fencing, grounding, and elevator, if any. 6 7 e. For guyed towers: Tower vertical alignment and guy wire tension (both 8 required tension and present tension). 9 10 15. A copy of each inspection report shall be filed with the County Manager not later 11 than December 1 of the respective inspection year. If the report recommends that 12 repairs or maintenance are required, a letter shall be submitted to the County 13 Manager to verify that such repairs and/or maintenance have been completed. The 14 County shall have no responsibility under this section regarding such repairs 15 and/or maintenance. 16 17 16. Any tower that is voluntarily not used for communications for a period of one (1) 18 year shall be removed at the tower owner's expense. If a tower is not removed 19 within three (3) months after one (1) year of such voluntary non-use, the County 20 may obtain authorization, from a court of competent jurisdiction, to remove the 21 tower and accessory items, and, after removal, shall place a lien on the subject 22 property for all direct and indirect costs incurred in dismantling and disposal of the 23 tower and accessory items, plus court costs and attorney's fees. 24 25 17. For all ground-mounted guyed towers in excess of seventy-five (75) feet in height, 26 the site shall be of a size and shape sufficient to provide the minimum yard 27 requirements of that zoning district between each guy anchor and all property lines. 28 29 18. All new metal towers, including rooftop towers, except amateur radio towers, shall 30 comply with the standards of the then latest edition published by the Electric 31 Industries Association (currently EIA/TIA 222-E) or the publication's successor 32 functional equivalent, unless amended for local application by resolution of the 33 BCC. Each new amateur radio tower with a height of seventy-five (75) feet or less 34 shall require a building permit specifying the exact location and the height of the 35 tower exclusive of antennas. Each new ground-mounted dish type antenna that 36 does not exceed a height of twenty (20) feet shall require a building permit. 37 38 19. Within the proposed tower's effective radius, information that specifies the tower's 39 physical location, in respect to public parks, designated historic buildings or 40 districts, areas of critical concern, and conservation areas, shall be submitted as 41 part of the conditional use application. This shall also apply to site plan applications 42 and/or permit applications for rooftop installations that do not require conditional 43 use approval. 44 45 20. No communication tower shall be located on any land or water if such location 46 thereon creates, or has the potential to create, harm to the site as a source of 47 biological productivity, as indispensable components of various hydrologic 48 regimes, or as irreplaceable and critical habitat for native species of flora or fauna. 49 50 C:\USERS\KBERKEY\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\IJV2SHNP\(REDLINE) WCF LDCA (09-27-2023) ALL REVISIONS CLEAN (002).DOCX 54 Deleted: G:\LDC AMENDMENTS\CURRENT WORK\TELECOMMUNICATION TOWER UPDATE (PL20230013966)\DRAFTS\CITYVIEW\WCF LDCA (09-27-2023) ALL REVISIONS CLEAN.DOCX 21. Any existing native vegetation on the site shall be preserved and used to meet the 1 minimum landscape requirements as required by section 4.06.00. The site plan 2 shall show existing significant vegetation to be removed and vegetation to be 3 replanted to replace that lost. native vegetation may constitute part or all of the 4 required buffer area if its opacity exceeds eighty (80) percent. 5 6 22. As to communications towers and antennas, including rooftop towers, antenna 7 structures, and antennas, the height provisions of this section supersede all other 8 height limitations specified in this Code. 9 10 23. All existing and proposed ground mounted and rooftop towers and antennas with 11 a height greater than 150 feet shall be required to have a solid red beacon or dual 12 mode lights unless exempted in writing by the Collier Mosquito Control District. 13 Such lights shall meet the then existing Federal Aviation Administration (FAA) 14 technical standards. The total structure height shall include all appendages and 15 attachments, such as antennas, lights, lightening rods, or any other accessory 16 device that would extend the height of the tower. All existing towers shall have six 17 months (180 days) from June 16, 2005, to comply with the requirement. If the FAA 18 rules require lighting, then the applicant shall comply with such rules. 19 20 24. A copy of each application for a tower in excess of 150 feet shall be supplied by 21 the applicant to the Collier Mosquito Control District or designee. 22 23 25. Communication towers in the Estates (E) Zoning District. 24 25 Communication towers are allowed on parcels designated as Urban or Rural 26 Golden Gate Estates Sub-element in the Golden Gate Area Master Plan and are 27 subject to the following: 28 29 a. The parcel is a minimum 2.25 acres and adjacent to an arterial or collector 30 road. 31 32 b. The communications provider has provided evidence that the 33 communication provider's search radius for tower placement requires 34 placement of the tower in the Estates Zoning District to meet its coverage 35 requirements and the tower cannot be co-located on an existing tower and 36 provide the same service coverage. 37 38 c. All security and site lighting shall be less than 20 feet above grade, fully 39 shielded, and directed away from neighboring properties. 40 d. Fencing height and landscaping. The required perimeter wall or fence 41 height shall be a minimum of eight feet from finished grade of base 42 supporting structure and no greater than 10 feet. A minimum 15 feet 43 landscape Type B buffer along the perimeter of wall or fence is required 44 and tree plantings within the buffer shall be 12 feet tall at time of planting. 45 46 e. Equipment cabinets. Overall height of ground-mounted equipment or 47 equipment enclosure shall not exceed 12 feet. 48 49 H. Alligator Alley communication towers. 50 51 C:\USERS\KBERKEY\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\IJV2SHNP\(REDLINE) WCF LDCA (09-27-2023) ALL REVISIONS CLEAN (002).DOCX 55 Deleted: G:\LDC AMENDMENTS\CURRENT WORK\TELECOMMUNICATION TOWER UPDATE (PL20230013966)\DRAFTS\CITYVIEW\WCF LDCA (09-27-2023) ALL REVISIONS CLEAN.DOCX 1. Notwithstanding other provisions of section 5.05.09, and irrespective of the zoning 1 classification(s) of the underlying fee at each respective tower site, two (2) new 2 communication towers shall be permitted at locations and heights herein specified 3 within the I-75 right-of-way east of the toll booth (Alligator Alley). Two (2) of the 4 four (4) towers shall be constructed to replace two (2) existing Florida Department 5 of Transportation towers. The four (4) new telecommunication tower sites shall be 6 located approximately at: 7 8 a. Mile marker 52.2. The height of the tower shall not exceed 250 feet, 9 including antennas; 10 11 b. Mile marker 92.6 (Everglades Blvd). The height shall not exceed 250 feet, 12 including antennas; 13 14 c. The site of an existing FDOT tower located on State Road 29. The height 15 shall not exceed 310 feet, including antennas; 16 17 d. The site of an existing FDOT tower located at mile marker 63.2 at the I-75 18 Rest Area. It will replace an existing tower located on the north side of I-75 19 at mile marker 63.3. The height shall not exceed 280 feet, including 20 antennas; 21 22 e. Each tower shall be constructed with a capacity to provide for a minimum 23 of four (4) to eight (8) co-users, including Florida Department of 24 Transportation ("FDOT"), the U.S. Fish and Wildlife Service ("FWS"), the 25 National Park Service ("NPS"), the Department of Forestry ("DOF"), and 26 County agencies, where practical. 27 28 2. Each tower shall be constructed in accordance with the standards and 29 requirements of section 5.05.09 and other applicable sections of this Code, except 30 as expressly provided otherwise in this section. 31 32 3. Minimum yard requirements. There shall be no minimum yard requirement for 33 these towers at these locations because each tower and all ancillary facilities must 34 be contained within the I-75 right-of-way, and each proposed tower must maintain 35 a separation distance from all adjacent residential property lines equal to one-half 36 (½) of the tower's height or equal to a Florida professional engineer's certified 37 collapse area (fall zone), whichever is greater, or a clear zone is maintained on 38 adjoining property by a use easement applicable to such adjoining property owner. 39 No habitable residential or non-residential structure, including offices, shall be 40 allowed within any certified collapse area (fall zone) for any of these towers. 41 42 4. Access. Physical access to each tower site shall be as approved by FDOT. 43 44 5. Parking. Sufficient unpaved area shall be provided on, or adjacent to, each tower 45 site to accommodate temporary parking for one (1) vehicle for servicing or 46 maintaining the communication tower. 47 48 6. Landscape buffer. A landscape buffer no less than ten (10) feet wide with trees 49 planted twenty-five (25) feet on center shall be developed and maintained around 50 the perimeter of each tower site and other related equipment, structures, and 51 C:\USERS\KBERKEY\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\IJV2SHNP\(REDLINE) WCF LDCA (09-27-2023) ALL REVISIONS CLEAN (002).DOCX 56 Deleted: G:\LDC AMENDMENTS\CURRENT WORK\TELECOMMUNICATION TOWER UPDATE (PL20230013966)\DRAFTS\CITYVIEW\WCF LDCA (09-27-2023) ALL REVISIONS CLEAN.DOCX buildings. This buffer shall encompass all structures including the tower base. At 1 least one (1) row of native vegetation shall be planted within the buffer to form a 2 continuous hedge of at least three (3) feet in height at planting. The buffer must be 3 maintained in good condition. This landscape buffer may be waived by the County 4 Manager or designee where the buffer is not practical due to public safety 5 concerns. 6 7 7. A site development plan and construction plans shall be submitted to the County 8 Manager or designee for review and approval prior to any construction of any such 9 tower. No changes, additions, or alterations may be made to any approved site 10 development plan or construction plans for any such tower without County 11 approval. 12 13 8. Tower lighting. In addition to the requirements for tower lights specified in section 14 5.05.09 of this Code, towers located in the Big Cypress Preserve and the Florida 15 Panther National Wildlife Preserve shall be lighted in accordance with the USFWS 16 guidance system requirements for tower lighting. 17 18 9. Notwithstanding any other provision in this Code, and notwithstanding the 19 underlying zoning of the respective tower site, subject to the following, the 20 communication towers and accessory facilities ("facilities") listed above, and all 21 such future facilities, are lawful uses, if located within the confines of the I-75 right-22 of-way east of the Alligator Alley toll booth to the eastern boundary of Collier 23 County. 24 25 10. The tower and related facilities shall be subject to conditional use approval 26 whenever the tower is to exceed a height of twenty (20) feet. Towers that are to be 27 twenty (20) feet or less in height require only building permit approval from the 28 County. 29 30 a. As all such facilities must be located within the I-75 right-of-way, the 31 facilities must be subject to approval from the owner of that right-of-way, 32 including such conditions as may be required by that owner. The owner of 33 said right-of-way is the State of Florida, by and through the Florida 34 Department of Transportation. 35 36 b. The facilities must be owned by, or leased to, a governmental entity. The 37 primary uses of the facilities shall be governmental uses. Private uses of 38 the facilities, if any, shall always be incidental and subordinate to the 39 governmental uses. 40 41 c. Notwithstanding any other provision in section 5.05.09, the facilities shall 42 be subject to the tower sharing requirements of section 5.05.09 if the tower 43 is to exceed a height of 120 feet, unless the tower is a monopole. If the 44 tower is to be used only for governmental uses, the tower need be shared 45 only with other governmental entities. If the tower is to be occupied by an 46 antenna under control of a non-governmental occupant of the tower and is 47 to be used for any non-governmental use(s), the tower sharing 48 requirements that apply to non-government occupants shall be adhered to 49 as a prerequisite to occupancy of the tower. 50 51 C:\USERS\KBERKEY\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\IJV2SHNP\(REDLINE) WCF LDCA (09-27-2023) ALL REVISIONS CLEAN (002).DOCX 57 Deleted: G:\LDC AMENDMENTS\CURRENT WORK\TELECOMMUNICATION TOWER UPDATE (PL20230013966)\DRAFTS\CITYVIEW\WCF LDCA (09-27-2023) ALL REVISIONS CLEAN.DOCX I. Wireless emergency telephone service. Notwithstanding any other provisions of this 1 section 5.05.09, the following provisions shall apply to communications towers that provide 2 wireless emergency telephone service. 3 4 1. These facilities are essential services. 5 6 2. Each applicant for these permits is required to clearly inform County staff by means 7 of an emboldened "notice" in a cover letter or on the first page of the permit 8 application, substantially as follows: This Application is subject to the expedited 9 timelines specified in Chapter 365.172, Florida Statutes. 10 11 3. Applicants for these permits need not provide staff with evidence that a proposed 12 wireless communications facility complies with federal regulations, but staff may 13 require from such applicant proof of proper FCC licensure, and staff may request 14 the FCC to provide information as to the provider's compliance with federal 15 regulations to the extent then authorized by federal law. The County has no 16 permitting jurisdiction with regard to wireless communications facilities located (or 17 to be located) on property owned by the State of Florida, including State-owned 18 rights-of-way. 19 20 4. Co-located facilities. Provided the then existing zoning applicable to the proposed 21 site allows E911 facilities without a need to rezone, a need to obtain conditional 22 use approval, or any other required process (such as, for example, having an 23 agreement amended), the County shall grant or deny a properly completed 24 application requesting co-location of E911 Service, or co-location for wireless 25 telephone service, not later then forty-five (45) business days after the date that a 26 properly completed application is initially submitted to staff in accordance with all 27 applicable permit application requirements in this section 5.05.09. Co-location of 28 such facilities on a then existing above-ground tower or other above-ground 29 structure shall not be subject to the land development regulations pursuant to 30 Section 163.3202, Florida Statutes, provided the height of the then existing tower 31 or structure is not thereby increased. Co-location of such antenna, or co-location 32 of related equipment, shall be subject to applicable building regulations, and with 33 all then existing permits or agreements applicable to that tower or to the underlying 34 property. Nothing herein, including the forty-five (45) business days timeline, shall 35 relieve the permit holder for, or owner of, the then existing tower or structure from 36 complying with applicable permit requirements, or applicable agreement(s), or with 37 applicable land development regulation (including aesthetic requirement), or 38 compliance with any other then applicable law(s). 39 40 5. New towers or antennas. Pursuant to Section 365.172, Florida Statutes, the 41 County shall grant or deny an application requesting location of a new wireless 42 telephone service tower, or for location of antenna(s) for wireless telephone 43 service, not later then ninety (90) business days after the date that an application 44 that fully complies with the requirements of this section 5.05.09 is submitted, 45 provided the then existing zoning applicable to the proposed site allows the E911 46 facilities without need to rezone, the need to apply for conditional use approval, or 47 other required procedures. Provided further that nothing herein shall affect permit 48 compliance of such facilities with applicable federal regulations, applicable zoning 49 and/or land development regulations (including aesthetic requirements), or with 50 applicable building regulations. 51 C:\USERS\KBERKEY\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\IJV2SHNP\(REDLINE) WCF LDCA (09-27-2023) ALL REVISIONS CLEAN (002).DOCX 58 Deleted: G:\LDC AMENDMENTS\CURRENT WORK\TELECOMMUNICATION TOWER UPDATE (PL20230013966)\DRAFTS\CITYVIEW\WCF LDCA (09-27-2023) ALL REVISIONS CLEAN.DOCX 1 6. Sufficiency notice. Within twenty (20) business days of receiving the permit 2 application for any facility listed above in paragraphs (4) and (5) above, staff shall 3 in writing notify the permit applicant whether the application is, or is not, properly 4 completed. If such permit application is not properly completed, staff shall with 5 specificity notify the applicant of any and all deficiencies, which if cured will thereby 6 render the application being properly completed. Staff should also notify the 7 applicant whether the applicable zoning classification allows the applied-for use(s) 8 without rezoning, without conditional use approval, or without any other related 9 ancillary approval process or permission. 10 11 7. Default approval. 12 13 a. An application for E911 service, co-location of wireless telephone service, 14 or new location for wireless telephone service or antennae shall be deemed 15 to have been automatically granted provided that: 16 17 i. Such service or facility is allowed in the applicable zoning district 18 without a rezone, without the need to apply for a conditional use, or 19 without the need to apply for some other permit; 20 21 ii. The County fails to either grant or deny the applied-for permit within 22 the time frames set forth in paragraphs (4) and (5) above, as 23 applicable; and 24 25 iii. The applicant has not agreed to an extension of time, as provided 26 in paragraph (8) below. 27 28 b. However, the applied-for permit shall not be deemed granted if final action 29 requires action by the BCC, but such action is prevented due to emergency 30 conditions beyond the County's control. In such instance, the time for final 31 action on the application shall be extended until the next regularly 32 scheduled meeting of the BCC. The permit shall be deemed to be granted 33 if the BCC fails to take final action at that time. 34 35 8. Waiver. Extensions of the above-described applicable timelines (deadlines) shall 36 not be effective except to the extent voluntarily agreed to by the permit applicant. 37 Narrow exception: a one-time timeline waiver may be required if there then exists 38 an emergency that directly affects the administration of all of the County's 39 communications tower permitting activities which had been formally declared by 40 the County, by the State of Florida, or by the federal government. 41 42 # # # # # # # # # # # # # 43