Agenda 03/26/2024 Item #17E (Ordinance - Amending the Collier County Land Development Code to clarify regulations pertaining to mobile homes located in the coastal high-hazard area)03/26/2024
EXECUTIVE SUMMARY
*** This item has been continued from the February 27, 2024 BCC Meeting *** Recommendation to adopt
an Ordinance amending the Collier County Land Development Code to clarify the regulations pertaining to
mobile homes located in the coastal high-hazard area, to remove duplicative floodplain protection
regulations that are codified in the Collier County Code of Laws of Ordinances or with the Florida Building
Code, and to update citations and correct scrivener's errors. (Companion item to 17F)
_____________________________________________________________________________
OBJECTIVE: To have the Board of County Commissioners (Board) adopt an Ordinance amending the Collier
County Land Development Code (LDC) that clarifies the regulations pertai ning to mobile homes located in the
coastal high-hazard area, removes duplicative floodplain protection regulations that are codified in the Collier
County Code of Laws of Ordinances (Code of Laws and Ordinances) or with the Florida Building Code, and
updates citations and correct scrivener's errors.
CONSIDERATIONS: On January 23, 2024, staff requested direction from the Board on subject matters
mentioned in the Objectives paragraph. The attached draft ordinance is comprised of two LDC amendments
(PL20230014143 and PL20220005067), which have been combined into one document and described below.
PL20230014143 - Updates to Flood Damage Prevention Regulations
The draft ordinance's first component involves changes related to the flood damage prevention regulations in the
LDC (PL20230014143). The National Flood Insurance Program (NFIP) is managed by the Federal Emergency
Management Agency (FEMA) to provide “insurance to help reduce the socio -economic impact of floods.” As of
August 2023, there are currently 22,642 communities participating in the NFIP nationwide, including 468 in
Florida. Collier County has been participating in the NFIP since 1979, when the County first adopted a flood
damage prevention ordinance (Ord. 79-62). Subsequent repeals and amendments to the ordinance occurred in
1985, 1986, 1987, 1990, and 2005.
The Florida Division of Emergency Management (FDEM) serves as the State Coordinating Agency for the NFIP. It
works with communities to ensure that local floodplain ordinances either meet or exceed the minimum
requirements of the NFIP. In 2010, the FDEM drafted a model ordinance to provide guidance to local jurisdictions
throughout the State of Florida to assist in adopting the State’s higher regulatory standards. In 2011, the Board
voted to repeal the County’s flood damage prevention ordinance (Ord. 86-28) and adopt a new ordinance (Ord.
2011-07) to ensure greater consistency between the County regulations and the State of Florida Model Flood
Damage Prevention Ordinance. The new County regulations were then amended twice in 2012 and repealed in
2019 to adopt (to the extent applicable) the regulations and policies set forth in the new and revised State of Florida
Model Flood Damage Prevention Ordinance.
In 2021, RCQuinn Consulting, Inc., a consultant working on behalf of the FDEM, contacted the County regarding
the County’s floodplain provisions in the LDC and advised staff to remove any provisions that were either
duplicative or in conflict with the flood damage prevention provisions in Chapt er 62 of the Code of Laws and
Ordinance. The FDEM initiated this recommendation to amend the LDC because FEMA had determined that it can
be problematic for a jurisdiction to have multiple regulatory instruments governing the same subject matter. As
such, this LDC amendment represents the implementation of the collaborative effort between staff and the FDEM
to further designate Chapter 62 of the Code of Laws and Ordinances as the main repository for “flood” regulations.
This amendment also proposes to delete the definition for flood elevation determination from the LDC (in favor of
including it in the Code of Laws and Ordinances). The change to the Code of Laws and Ordinances (to include the
definition) will be presented to the Board of County Commissione rs as a separate ordinance at a future meeting in
the first or second quarter of this year. In addition to removing duplication, this LDC amendment also proposes to
help clarify the provisions related to mobile homes and recreational vehicles (in LDC section 2.03.09). The
proposed text was recommended by RCQuinn Consulting, Inc., which is working on behalf of FDEM.
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PL20220005067 - Scrivener’s Errors and Citations
The second component of the draft ordinance is related to Scrivener's Errors (PL20220005067). This portion seeks
to correct Scrivener’s errors and update citations/references throughout the LDC. This staff -led effort required
collaboration between the Zoning and Development Review Divisions in the GMCDD. These changes are
necessary to keep citations current and text appropriate. Research to relevant codes was applied for validity. This
amendment makes corrections to the following LDC sections:
• LDC section 1.08.01.: Update the C-1 Zoning District title.
• LDC section 1.08.01.: Removal of abbreviation for Residential Neighborhood Commercial Subdistrict.
• LDC section 1.08.01.: The “s” in “Village Residential Zoning Districts” should be removed.
• LDC section 1.08.02.: This is an editorial correction to correct punctuation.
• LDC section 1.08.02.: LDC section 2.05.02 is referenced when the correct reference should be LDC
section 2.05.01.
• LDC section 2.02.02 D.: Addition of “BP” to include the Business Park District.
• LDC section 2.03.01 B.1.c.5.: The reference to LDC subsection 2.03.01 B.3.f. is incorrect, and the
correct reference is LDC subsection 2.03.01 B.1.c.6. The reference to Florida State Statute 429.402 is
incorrect, and the correct reference is 429.02.
• LDC section 2.03.02 A.1.c.7.: The reference to LDC subsection 2.03.02 3.h. is incorrect. The correct
reference is LDC subsection 2.03.02 A.1.c.8.
• LDC section 2.03.03 B.1.c.8.: The word “principle” should read “principal” since the word has a
different meaning.
• LDC section 2.03.03 C.1.a.42.: The chapter citation of the Florida Administrative Code (F.A.C.) is
cited incorrectly. There is no chapter 589A-36. Chapter 59A-36 is appropriate, it being entitled
“Assisted Living Facility,” with this LDC section referring to this subject.
• LDC section 2.03.07 F.2.b.: LDC section 4.02.06 is referenced as it pertains to the design standards for
the GGPOD zoning overlay. This citation is incorrect. The GGPOD zoning overlay should cite LDC
section 4.02.26. These design standards have been in this section since their adoption in the LDC.
• LDC section 2.03.07 G.6.d.: LDC section 2.03.06 G.6.c.i. is referenced, however section 2.03.06
G.6.c.i. does not exist. The section should read 2.03.07 G.6.c.i.
• LDC section 2.03.07 I.3.a.: This section of the LDC references section V.F. from the Future Land Use
Element (FLUE). This is an incorrect citation. The FLUE was updated and the referenced V.F. section
changed to V.G.
• LDC section 2.03.07 N.3.a.: The Future Land Use Element citation is incorrect and has been updated
from V.F. to V.G.
• LDC section 2.03.07 N 4.b.iii.: LDC section 5.05.04 is referenced for guesthouse regulations, however,
it should be LDC section 5.03.03.
• LDC section 2.03.08 A.2.b.(1)(C): The reference to LDC section 2.03.02(E) is incorrect. The correct
reference for the C-4 zoning district is LDC section C-4 is 2.03.03(D).
• LDC section 2.03.08 B.1.a.(5): The LDC section citation for 2.03.08 C. is incorrect and has been
updated to 2.03.08 B.
• LDC section 2.03.08 B.1.b.: The typo, “eth” has been corrected to the intended word “the”.
• LDC section 4.02.14 B.: Update the reference to the State of Florida's “Department of Economic
Opportunity” to “Department of Commerce”.
• LDC section 4.03.03 G.3.k.: Update the reference to the State of Florida's “Department of Economic
Opportunity” to “Department of Commerce.”
• LDC section 4.06.04. A.3.e.: This is an editorial correction, the removal of the word “and.”
• LDC section 5.05.15 C.2.a.: This is an editorial correction to correct the labeling from “b.” to “a.”
• LDC section 6.01.02 C.: The word “principle” should read “principal.” The word has a different
meaning. This section is referring to the primary structures located on a lot.
• LDC section 10.02.04 E.2.c.: This is an addition to LDC section 10.02.04 E.2.c. as “B.3 and” was
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added. Construction plans are reviewed, and approval is pursuant to LDC section 10.02.04 B.3. and
B.4., not 10.02.04 B.4. alone.
• LDC section 10.02.08 B.1. thru B.3.: This is an editorial correction, the capitalization of proper nouns.
• Appendix C A.7.: This is an editorial correction to correct grammar and punctuation.
On January 23, 2024, the Board directed staff to advertise and bring back an Ordinance amending the Land
Development Code for the abovementioned amendments (PL20230014143 and PL20220005067).
DEVELOPMENT SERVICES ADVISORY COMMITTEE (DSAC) RECOMMENDATION: On November
1, 2023, the DSAC recommended approval of the LDC amendment related to Scrivener’s Errors (PL20220005067).
COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC unanimously
recommended approval of the LDC amendment related to Scrivener's errors (PL20220005067) at their December 7,
2023, meeting. On January 4, 2024, the CCPC unanimously recommended approval of the LDC amendment
related to the flood damage prevention regulations (PL20230014143), contingent upon relocating the proposed text
below into Chapter 62 of the Code of Laws and Ordinances:
“If the repair, reconstruction, or improvement of the streets, utilities, and pads equals or exceeds 50
percent of the value of the streets, utilities, and pads before the repair, reconstruction, or improvement
has commenced, existing mobile homes shall not be required to comply with the requirements of
Chapter 62 of the Code of Laws and Ordinances unless those homes are substantially improved or
substantially damaged.”
The above text has been removed from the draft ordinance. It will be inserted into the future amendment to the
Code of Laws and Ordinance, which staff anticipates will be reviewed by the Board of County Commissio ners in
the first or second quarter of this year. There were no members of the public in opposition to either of the two LDC
amendments.
FISCAL IMPACT: There are no anticipated fiscal impacts to the County, except for the cost of advertising an
ordinance amending the LDC. The cost associated with advertising the Ordinance is estimated at $1,008.00. Funds
are available within the Unincorporated Area General Fund (1011) and Zoning & Land Development Cost Center
(138319).
LEGAL CONSIDERATIONS: This item is approved as to form and legality. It requires an affirmative vote of
four for Board approval. (HFAC)
GROWTH MANAGEMENT IMPACT: No growth management impact is associated with this action.
RECOMMENDATION: To adopt an Ordinance amending the LDC, clarifying the regulations pertaining to
mobile homes located in the coastal high-hazard area, remove duplicative floodplain protection regulations that are
codified in the Collier County Code of Laws of Ordinances or with the Florida Building Code, and update citations
and correct scrivener's errors.
Prepared by: Eric L. Johnson, AICP, CFM, LDC Planning Manager, Zoning Division
ATTACHMENT(S)
1. PL20230014143_PL20220005067 - Draft Ordinance (01-18-2024) (PDF)
2. PL20220005067 - Scriveners Errors LDCA (01-17-2023) (PDF)
3. PL20230014143 - Flood Updates LDCA (01-17-2023) (PDF)
4. PL20230014143_PL20220005067 - NDN Ad (PDF)
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5. legal ads - agenda ID 27717 (PDF)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 17.E
Doc ID: 27717
Item Summary: *** This item has been continued from the February 27, 2024 BCC Meeting ***
Recommendation to adopt an Ordinance amending the Collier County Land Development Code to clarify the
regulations pertaining to mobile homes located in the coastal high-hazard area, to remove duplicative floodplain
protection regulations that are codified in the Collier County Code of Laws of Ordinances or with the Florida
Building Code, and to update citations and correct scrivener's errors. (Companion item to 17F)
Meeting Date: 03/26/2024
Prepared by:
Title: Planner, Principal – Zoning
Name: Eric Johnson
01/19/2024 9:42 AM
Submitted by:
Title: Zoning Director – Zoning
Name: Mike Bosi
01/19/2024 9:42 AM
Approved By:
Review:
Zoning Mike Bosi Division Director Completed 01/23/2024 9:42 AM
Operations & Regulatory Management Michael Stark Additional Reviewer Completed 01/23/2024 10:25 AM
Building Plan Review & Inspections Christopher Mason Additional Reviewer Completed 01/23/2024 11:18 AM
Transportation Management Operations Support Evelyn Trimino Additional Reviewer Completed
01/29/2024 3:06 PM
Growth Management Community Development Department Diane Lynch GMD Approver Completed
02/01/2024 2:36 PM
Unknown Jaime Cook Additional Reviewer Completed 02/13/2024 11:16 AM
Growth Management Community Development Department James C French Growth Management Completed
02/13/2024 12:34 PM
County Attorney's Office Heidi Ashton-Cicko Level 2 Attorney of Record Review Completed 03/11/2024 11:58 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 03/11/2024 12:57 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 03/11/2024 1:36 PM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 03/13/2024 3:40 PM
County Manager's Office Geoffrey Willig Level 4 County Manager Review Completed 03/20/2024 4:55 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 03/26/2024 9:00 AM
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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 CLARIFY THE REGULATIONS PERTAINING TO
MOBILE HOMES LOCATED IN THE COASTAL HIGH HAZARD AREA, TO REMOVE
DUPLICATIVE FLOODPLAIN PROTECTION REGULATIONS THAT ARE CODIFIED
IN THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES OR WITH THE
FLORIDA BUILDING CODE, AND TO UPDATE CITATIONS AND CORRECT
SCRIVENER’S ERRORS, BY PROVIDING FOR: SECTION ONE, RECITALS;
SECTION TWO, FINDINGS OF FACT; SECTION THREE, ADOPTIONS OF
AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY
AMENDING THE FOLLOWING: CHAPTER ONE – GENERAL PROVISIONS,
INCLUDING SECTION 1.08.01 ABBREVIATIONS AND SECTION 1.08.02
DEFINITIONS; CHAPTER TWO – ZONING DISTRICTS AND USES, INCLUDING
SECTION 2.02.02 DISTRICT NOMENCLATURE, SECTION 2.03.01 AGRICULTURAL
DISTRICTS, SECTION 2.03.02 RESIDENTIAL ZONING DISTRICTS, 2.03.03
COMMERCIAL ZONING DISTRICTS, SECTION 2.03.07 OVERLAY ZONING
DISTRICTS, AND SECTION 2.03.08 RURAL FRINGE ZONING DISTRICTS; CHAPTER
THREE – RESOURCE PROTECTION, INCLUDING SECTION 3.02.01 FINDINGS OF
FACT, SECTION 3.02.02 PURPOSE, SECTION 3.02.03 APPLICABILITY, SECTION
3.02.04 EXEMPTIONS, SECTION 3.02.05 BASIS FOR ESTABLISHING THE AREAS
OF SPECIAL FLOOD HAZARD, SECTION 3.02.06 GENERAL STANDARDS FOR
FLOOD HAZARD REDUCTION, SECTION 3.02.07 SPECIFIC STANDARDS FOR
CONSTRUCTION WITHIN COASTAL HIGH HAZARD AREAS, SECTION 3.02.08
REGULATIONS WITHIN THE FLOODWAYS, SECTION 3.02.09 REGULATIONS FOR
MOBILE HOMES AND RECREATIONAL VEHICLES, AND SECTION 3.02.10
STANDARDS FOR SUBDIVISION PLATS, SECTION 3.04.02 SPECIES SPECIFIC
REQUIREMENTS, SECTION 3.05.07 PRESERVATION STANDARDS, AND SECTION
3.07.02 INTERIM WATERSHED REGULATIONS; CHAPTER FOUR – SITE DESIGN
AND DEVELOPMENT STANDARDS, INCLUDING SECTION 4.01.01 ELEVATION
REQUIREMENTS FOR ALL DEVELOPMENTS, SECTION 4.02.11 DESIGN
STANDARDS FOR HURRICANE SHELTERS WITHIN MOBILE HOME RENTAL
PARKS, SECTION 4.02.14 DESIGN STANDARDS FOR DEVELOPMENT IN THE ST
AND ACSC-ST DISTRICTS, SECTION 4.02.16 DESIGN STANDARDS FOR
DEVELOPMENT IN THE BAYSHORE GATEWAY TRIANGLE COMMUNITY
REDEVELOPMENT AREA, SECTION 4.03.03 SUBDIVISION EXEMPTIONS, AND
SECTION 4.06.04 TREES AND VEGETATION PROTECTION; CHAPTER FIVE –
SUPPLEMENTAL STANDARDS, INCLUDING SECTION 5.05.15 CONVERSIONS OF
GOLF COURSES; CHAPTER SIX – INFRASTRUCTURE IMPROVEMENTS AND
ADEQUATE PUBLIC FACILITIES REQUIREMENTS, INCLUDING SECTION 6.01.02
EASEMENTS; CHAPTER NINE - VARIATIONS FROM CODE REQUIREMENTS,
INCLUDING SECTION 9.04.05 SPECIFIC REQUIREMENTS FOR VARIANCES TO
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FLOOD HAZARD PROTECTION REQUIREMENTS; CHAPTER TEN – APPLICATION,
REVIEW, AND DECISION-MAKING PROCEDURES, INCLUDING SECTION 10.02.04
REQUIREMENTS FOR PRELIMINARY AND FINAL SUBDIVISION PLATS, SECTION
10.02.08 REQUIREMENTS FOR AMENDMENTS TO THE OFFICIAL ZONING ATLAS,
AND SECTION 10.04.04 APPLICATIONS SUBJECT TO TYPE III REVIEW; AND
APPENDIX C FINAL SUBDIVISION PLAT, REQUIRED CERTIFICATIONS AND
SUGGESTED TEXT AND FORMATS FOR OTHER REQUIRED INFORMATION;
SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN
THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX,
EFFECTIVE DATE. [PL20230014143 AND PL20220005067]
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
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 for PL20220005067 and January 4,
2024 for PL20230014143, 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
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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.
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.
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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.
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.
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SECTION THREE: ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE
SUBSECTION 3.A. AMENDMENTS TO SECTION 1.08.01 – ABBREVIATIONS
Section 1.08.01, Abbreviations, of Ordinance 04-41, as amended, the Collier County Land
Development Code, is hereby amended to read as follows:
Section 1.08.01 Abbreviations
* * * * * * *
C-1 Commercial Districts Commercial Professional and General Office District
* * * * * * *
FIHS Florida Interstate Highway System
FIRM Flood Insurance Rate Map
FIS Flood insurance study
FISH Florida Inventory of School Houses
* * * * * * * *
RNC Residential Neighborhood Commercial Subdistrict
* * * * * * * *
VR Village Residential Zoning Districts
* * * * * * *
SUBSECTION 3.B. AMENDMENTS TO SECTION 1.08.02 – DEFINITIONS
Section 1.08.02, Definitions, of Ordinance 04-41, as amended, the Collier County Land
Development Code, is hereby amended to read as follows:
* * * * * * *
1.08.02 Definitions
* * * * * * *
Area of special flood hazard: The area/land in the flood plain within a community subject
to a one percent or greater chance of flooding in any given year. These areas are designated on
the Flood Insurance Rate Map.
* * * * * * *
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Base flood elevation: A flood elevation having a one percent chance of being equaled or
exceeded in any given year.
* * * * * * *
Breakaway wall: A wall that is not part of the structural support of the building and is
intended through its design and construction to collapse under specific lateral loading forces
without causing damage to the elevated portion of the building or the supporting foundations
system.
* * * * * * *
Coastal high hazard areas: The evacuation zone for a Category 1 hurricane as may be
established in the regional hurricane evacuation study applicable to the local government. For
floodplain management purposes, the term is defined in Chapter 62 of the Collier County Code
of Laws and Ordinances.
* * * * * * *
Family care facility: A residential facility designed to be occupied by not more than 6
persons under care, plus staff as required by rule 59A-36.010, F.A.C., and constituting a single
dwelling unit (i.e., adult congregate living facility for: aged persons; developmentally disabled
persons; physically disabled or handicapped persons; mentally ill persons; and persons
recovering from alcohol and/or drug abuse). Foster care facilities are also included, but not the
uses listed under group care facility (category II). This use shall be applicable to single-family
dwelling units and mobile homes.
* * * * * * *
Flood elevation determination: A determination by the County Manager or designee of the
water surface elevations of the base flood, that is, the flood level that has a one percent or greater
chance of occurrence in any given year.
Flood insurance rate map (FIRM): An official map of Collier County, Florida, on which the
County Manager or designee has delineated both the special hazard areas and the risk premium
zone applicable to the community.
Flood insurance study (FIS): The official report provided in which the Federal Emergency
Management Agency (FEMA) has provided flood profiles, as well as the Flood Insurance Rate
Maps and the water surface elevation of the base flood.
Flood plain: Area inundated during a 100-year flood event or identified by the National
Flood Insurance Program as a special flood hazard area an A Zone or V Zone on Flood Insurance
Rate Maps or Flood Hazard Boundary Maps.
Flood prone area: Any land area susceptible to being inundated by water from any source
(see definition of "flood").
Floodway: The channel of a river or other watercourse and the adjacent land areas that
must be reserved in order to discharge the base flood without cumulatively increasing the water
surface elevation more than one foot.
* * * * * * *
Guesthouse: An accessory dwelling structure which is attached to or detached from, a
principal dwelling located on the same residential parcel and which an accessory dwelling serves
as an ancillary use providing living quarters for the occupants of the principal dwelling, their
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temporary guests or their domestic employees and which may contain kitchen facilities.
Guesthouses are not permitted in development that is receiving an AHDB. See LDC
sections 4.01.02, 5.03.03 and 2.05.021 for additional information.
* * * * * * *
Substantial damage: Damage of any origin sustained by a structure whereby the cost of
restoring the structure to its before damaged condition would equal or exceed 50 percent of the
market value of the structure before the damage occurred.
Substantial improvement: Any reconstruction, rehabilitation, addition, or other
improvement of a structure, the cost of which equals or exceeds 50 percent of the market value
of the structure before the start of construction of the improvement, this term includes structures
which have incurred "substantial damage", regardless of the actual repair work performed. The
term does not, however, include any project for improvement of a structure to correct existing
violations of state or local health, sanitary, or safety code specifications which have been identified
by the local code enforcement official and which are the minimum necessary to assure safe living
conditions; or any alteration of a historic structure.
* * * * * * *
SUBSECTION 3.C. AMENDMENTS TO SECTION 2.02.02 – DISTRICT NOMENCLATURE
Section 2.02.02, District Nomenclature, of Ordinance 04-41, as amended, the Collier County Land
Development Code, is hereby amended to read as follows:
Section 2.02.02 District Nomenclature
* * * * * * *
D. Where the phrases "industrial districts," "zoned industrially," "industrially zoned,"
"industrial zoning," or phraseology of similar intent, are used in this LDC, the phrases shall
be construed to include: I, BP, and industrial components in PUDs.
* * * * * * *
SUBSECTION 3.D. 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
* * * * * * *
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
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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:
* * * * * * *
5. Group care facilities (category I); care units, subject to the
provisions of LDC subsection 2.03.01 B.3.f1.c.6.; nursing homes;
assisted living facilities pursuant to § 429.402 429.02 F.S. and ch.
59A-36 F.A.C.; and continuing care retirement communities
pursuant to ch. 651 F.S. and ch. 69O-193 F.A.C.; all subject to LDC
section 5.05.04.
* * * * * * *
SUBSECTION 3.E. 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
* * * * * * *
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
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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.
* * * * * * *
7. Group care facilities (category I); care units subject to the provisions
of LDC subsection 2.03.02 3.hA.1.c.8.; nursing homes; assisted
living facilities pursuant to § 429.02 F.S. and ch. 59A-36 F.A.C.; and
continuing care retirement communities pursuant to ch. 651 F.S.
and ch. 69O-193 F.A.C.; all subject to LDC section 5.05.04.
* * * * * * *
SUBSECTION 3.F. 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:
Section 2.03.03 Commercial Zoning Districts
* * * * * * *
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
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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.
* * * * * * *
c. Conditional uses. The following uses are permissible as conditional uses
in the commercial convenience district (C-2), subject to the standards and
procedures established in LDC section 10.08.00.
* * * * * * *
8. Personal services, miscellaneous (7299 - not listed as principle
principal uses and limited to babysitting bureaus; birth certificate
agencies; car title and tag services; computer photography or
portraits; dating service; diet workshops; dress suit rental; tux
rental; genealogical investigation service; hair removal; shopping
service for individuals only; wardrobe service, except theatrical;
wedding chapels, privately operated) with 1,800 square feet or less
of gross floor area in the principal structure.
* * * * * * *
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).
* * * * * * *
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a. Permitted uses.
* * * * * * *
42. Group care facilities (category I and II, except for homeless
shelters); care units, except for homeless shelters; nursing homes;
assisted living facilities pursuant to § 429.02 F.S. and ch. 589A-36
59A-36 F.A.C.; and continuing care retirement communities
pursuant to ch. 651 F.S. and ch. 69O-193 F.A.C.; all subject to LDC
section 5.05.04.
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).
* * * * * * *
c. Conditional uses. The following uses are permissible as conditional uses
in the travel trailer recreational vehicle campground district (TTRVC),
subject to the standards and procedures established in LDC section
10.08.00:
1. Camping cabins subject to the following standards:
* * * * * * * * * * * * *
x. If camping cabins are to be located in a flood hazard zone
as delineated on the most recent flood insurance rate maps,
all requirements of Chapter 62 of the Code of Laws and
Ordinances and Florida Building Code Section 3.02.00 of
this LDC must be met.
* * * * * * * * * * * * *
3. Plan approval requirements. Layout plans for a TTRVC park shall be submitted to
the County Manager or designee and construction shall be in accordance with
approved plans and specifications and further subject to the provisions of site
development plans in section 10.02.03. Such plans shall meet the requirements of
this district and shall show, at a minimum, those items identified herein.
* * * * * * * * * * * * *
10. Flood program requirements. All travel trailers, park model travel trailers,
recreational vehicles and accessory structures shall comply with the current Collier
County Flood Damage Prevention Ordinance [Code ch. 62, art. II] if permanently
attached to the ground or utility facilities.
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* * * * * * *
SUBSECTION 3.G. 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)
* * * * * * *
2. Applicability.
* * * * * * *
b. Property owners within the GGPOD may establish uses, densities, and
intensities in accordance with the underlying zoning classification of the
GGPOD. The design standards of the GGPOD pursuant to LDC section
4.02.06 26 shall apply.
* * * * * * *
G. Immokalee Urban Overlay District. To create the Immokalee Urban Overlay District with
distinct subdistricts for the purpose of establishing development criteria suitable for the
unique land use needs of the Immokalee Community. The boundaries of the Immokalee
Urban Overlay District are delineated on the maps below.
* * * * * * *
6. Nonconforming Mobile Home Site Overlay Subdistrict. Establishment of special
conditions for these properties which by virtue of actions preceding the adoption
of Ordinance No. 91-102, on October 30, 1991, were deemed to be nonconforming
as a result of inconsistencies with the land development code, and are located
within the Immokalee Urban Boundary as depicted on the Immokalee Area Master
Plan.
* * * * * * *
d. Density. Once the existing conditions site improvement plan is approved,
owners may replace mobile home units with an approved building permit
at sites shown on the site plan. Replacement units may be larger than the
removed unit, so long as the minimum separation standards established in
LDC section 2.03.067 G.6.c.i are met.
* * * * * * * *
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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.
* * * * * * * *
3. Relationship to the Underlying Zoning Classification and the GMP.
a. The purpose of the BZO is to fulfill the goals, objectives and policies of the
GMP, as may be amended. Specifically, the BZO implements the
provisions of section V.FG., Bayshore Gateway Triangle Redevelopment
Overlay, of the FLUE. Portions of the BZO coincide with Mixed Use Activity
Center #16 designated in the FLUE. Development in the activity center is
governed by requirements of the underlying zoning district and the mixed
use activity center subdistrict requirements in the FLUE, except for site
development standards as stated in LDC section 4.02.16.
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.
* * * * * * *
3. Relationship to the Underlying Zoning Classification and Collier County Growth
Management Plan.
a. The purpose of the GTZO is to fulfill the goals, objectives and policies of
the GMP, as may be amended. Specifically, the GTZO implements the
provisions of section V.FG., Bayshore Gateway Triangle Redevelopment
Overlay, of the Future Land Use Element. Portions of the GTZO that
coincide with Mixed Use Activity Center #16 as designated in the FLUE of
the GMP. Development standards in the activity center is governed by
requirements of the underlying zoning district requirements and the mixed
use activity center subdistrict requirements in the FLUE, except for site
development standards as stated in LDC section 4.02.16.
* * * * * * *
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
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USE TYPE GTZO SUBDISTRICTS ADDITIONAL
STANDARDS
RESIDENTIAL MIXED USE
a) RESIDENTIAL
* * * * * * *
7) Guesthouse A A 5.05.04 5.03.03
and 4.02.16 C.2.
* * * * * * *
SUBSECTION 3.H. 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.
* * * * * * *
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:
* * * * * * *
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(1) Allowable Uses:
* * * * * * *
(c) All permitted and accessory uses listed in the C-4 General
Commercial District, section 2.03.023 (ED), subject to the
design guidelines and development standards set forth in
this Section.
* * * * * * *
B. Natural resource protection area overlay district (NRPA).
1. Purpose and intent. The purpose and intent of the Natural Resource Protection
Area Overlay District (NRPA) is to: protect endangered or potentially endangered
species by directing incompatible land uses away from their habitats; to identify
large, connected, intact, and relatively unfragmented habitats, which may be
important for these listed species; and to support State and Federal agencies'
efforts to protect endangered or potentially endangered species and their habitats.
NRPAs may include major wetland systems and regional flow-ways. These lands
generally should be the focus of any federal, state, County, or private acquisition
efforts. Accordingly, allowable land uses, vegetation preservation standards,
development standards, and listed species protection criteria within NRPAs set
forth herein are more restrictive than would otherwise be permitted in the
underlying zoning district and shall to be applicable in addition to any standards
that apply tin the underlying zoning district.
* * * * * * *
a. NRPA overlay areas. NRPAs are located in the following areas:
* * * * * * *
(5) South Golden Gate Estates.
The NRPA lands within the Rural Fringe Mixed Use District to which
the Section 2.03.08 C.B. regulations apply (i.e. - numbers 3 and 4
above) are depicted by the following map:
* * * * * * *
b. NRPAS designated as RFMU sending lands within the RFMU district.
NRPAs located in the RFMU district are identified as RFMU sending lands
and are further subject to the provisions, conditions and standards set forth
in section 2.03.08 (A)(4). Private property owners within these NRPAs may
transfer residential development rights from these important
environmentally sensitive lands to other identified "receiving" lands
pursuant to eth the specific provisions set forth in section 2.01.03 of this
Code.
* * * * * * *
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SUBSECTION 3.I. AMENDMENTS TO SECTION 3.02.01 – FINDINGS OF FACT
Section 3.02.01, Findings of Fact, of Ordinance 04-41, as amended, the Collier County Land
Development Code, is hereby amended to read as follows:
3.02.01 Reserved Findings of Fact
A. The flood hazard areas of the County are subject to periodic inundation, which could result
in loss of life, property damage, health, and safety hazards, disruption of commerce and
governmental services, extraordinary public expenditures for flood protection and relief,
and impairment of the tax base, all of which could adversely affect the public health, safety,
and general welfare.
B. These flood losses are caused by the cumulative effect of obstructions in flood plains
causing increases in flood heights and velocities, and by the occupancy in flood hazard
areas by structures vulnerable to floods or hazardous to the lands which are inadequately
elevated, floodproofed, or otherwise inadequately protected from flood damages.
SUBSECTION 3.J. AMENDMENTS TO SECTION 3.02.02 – PURPOSE
Section 3.02.02, Purpose, of Ordinance 04-41, as amended, the Collier County Land
Development Code, is hereby amended to read as follows:
3.02.02 Reserved Purpose
It is the purpose of this section to promote the public health, safety, and general welfare,
and to minimize public and private losses due to flood conditions in specific areas by provisions
designed:
A. To protect human life and health;
B. To minimize expenditure of public money for costly and environmentally unsound flood
control projects;
C. To minimize the need for rescue and relief efforts associated with flooding and generally
undertaken at the expense of the general public;
D. To minimize prolonged business interruptions;
E. To minimize damage to public facilities and utilities, such as water and gas mains, electric,
telephone and sewer lines, streets, and bridges located in areas of special flood hazard;
F. To help maintain a stable tax base by providing for the sound use and development of
flood prone areas in such a manner as to minimize future flood blight areas;
G. To ensure, to the greatest degree possible, that potential home buyers are notified that
property is in an area of special flood hazard; and
H. To ensure that those who occupy the areas of special flood hazard assume responsibilities
for their actions.
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SUBSECTION 3.K. AMENDMENTS TO SECTION 3.02.03 – APPLICABILITY
Section 3.02.03, Applicability, of Ordinance 04-41, as amended, the Collier County Land
Development Code, is hereby amended to read as follows:
3.02.03 Reserved Applicability
This section shall apply to all areas of special flood hazard in the unincorporated area of the
County, and identified by the Federal Insurance Administration in its flood insurance rate map
(FIRM), dated November 17, 2005, and any revisions thereto.
SUBSECTION 3.L. AMENDMENTS TO SECTION 3.02.04 – EXEMPTIONS
Section 3.02.04, Exemptions, of Ordinance 04-41, as amended, the Collier County Land
Development Code, is hereby amended to read as follows:
3.02.04 Reserved Exemptions
Mobile homes to be placed in an existing mobile home park shall be exempt from the
requirements of this section, provided such mobile home park is not expanded or undergoes
substantial improvement as defined herein.
SUBSECTION 3.M. AMENDMENTS TO SECTION 3.02.05 – BASIS FOR ESTABLISHING
THE AREAS OF SPECIAL FLOOD HAZARD
Section 3.02.05, Basis for Establishing the Areas of Special Flood Hazard, of Ordinance 04-41,
as amended, the Collier County Land Development Code, is hereby amended to read as follows:
3.02.05 Reserved Basis for Establishing the Areas of Special Flood Hazard
The areas of special flood hazard, are identified by the Federal Insurance Administration, in a
scientific and engineering report entitled "The flood insurance study" for the County's
unincorporated area, dated June 3, 1986, with accompanying FIRM, dated November 17, 2005,
The flood insurance study and accompanying FIRM shall be on file and be open for public
inspection in the office of the Clerk to the BCC located in Building "F", Collier County Courthouse,
3301 Tamiami Trail, East, Naples, Florida 34112.
SUBSECTION 3.N. AMENDMENTS TO SECTION 3.02.06 – GENERAL STANDARDS FOR
FLOOD HAZARD REDUCTION
Section 3.02.06, General Standards for Flood Hazard Reduction, of Ordinance 04-41, as
amended, the Collier County Land Development Code, is hereby amended to read as follows:
3.02.06 Reserved General Standards for Flood Hazard Reduction
In all areas of special flood hazards, the following provisions are required:
A. All new construction and substantial improvements shall be anchored to prevent flotation,
collapse, or lateral movement of the structure.
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B. New construction and substantial improvements in the A Zones may be built on
unconstrained, but compacted, fill, if in compliance with the Collier County Building Code
Ordinance. No significant water is permitted to flow from the subject premises onto
abutting properties or into adjoining waters which are not County-approved drainage
system(s).
C. Residential Construction - new construction or substantial improvement of any residential
structure shall have the lowest floor elevated to or above the base flood elevation.
D. Non-residential Construction - new construction and substantial improvements of non-
residential structures shall have the lowest floor (including basement) elevated to or above
the base flood level or, together with the attendant utility and sanitary facilities, be
designed so that, below the base flood level, the structure is essentially waterproofed with
walls substantially impermeable to the passage of water and with structural components
having the capability of resisting hydrostatic and hydrodynamic loads and effects of
buoyancy. Floodproofing is prohibited in the velocity (V) zones. The property owners shall
provide a certification by a registered professional engineer or registered professional
architect that the design standards of this section are satisfied.
E. All new construction and substantial improvements shall be constructed with electrical,
heating, ventilation, plumbing, air conditioning equipment, and other service facilities that
are designed and/or located so as to prevent water from entering or accumulating within
the components during conditions of flooding.
F. All new construction or substantial improvements shall be constructed by methods and
practices that will minimize flood damage.
G. Openings - all new construction and substantial improvements with fully enclosed areas
below the lowest floor that are subject to flooding shall be designed to automatically
equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of
floodwaters. Designs for meeting this requirement must either be certified by a registered
professional engineer or architect, or meet or exceed the following minimum criteria: a
minimum of two (2) openings having a total net area of not less than one (1) square inch
for every square foot of enclosed area subject to flooding shall be provided. The bottom
of all openings shall be no higher than one (1) foot above the level of the floor they are to
service. Openings may be equipped with screens, louvers, valves, or other coverings or
devices, provided that they permit the automatic entry and exit of floodwaters.
H. All new and replacement water supply systems shall be designed to minimize or eliminate
infiltration of flood waters into the system.
I. New and replacement sanitary sewage systems shall be designed to minimize or eliminate
inflow of flood waters into the systems and discharges from the systems into flood waters.
J. On-site waste disposal systems (including septic tanks) shall be designed and/or located
to minimize or eliminate impairment to, or contamination from, them during flooding.
K. Emergency generators for standpipe systems, in accordance with the requirements of the
Collier County Building Code or other applicable County Ordinances, must be located
above the base flood elevation level, and all fuel tanks for said generators must be
waterproofed and vented above the base flood elevation level.
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L. Electrical transformer and/or switching vaults, pad-mounted transformers, pad-mounted
switches, and related facilities shall be permitted as independent units below the minimum
flood elevation level. Such structures may be located within or outside a building, and are
not required to be waterproofed or constructed with breakaway walls, provided registered
professional engineer or registered professional architect certifies that they will not
adversely affect the structural integrity of the building in which they are located or any part
thereof.
M. All meter enclosures for self-contained electric kilowatt-hour meters serving buildings shall
be located above the base flood elevation. If complying with this regulation results in a
vertical distance from finished grade to the center of the meter or meters of more than six
(6) feet, the meter enclosure shall be located on the outside of an exterior wall with an
unobstructed and ready access from an open exterior stairway. When it is necessary to
use a stairway for access to a meter, the vertical distance from the tread of the stairway
to the center of the meter shall be four (4) to six (6) feet. The meter shall be placed in a
position that will not obstruct stairway traffic. On multi-unit buildings, meters and meter
Enclosures will be allowed within the building, provided they are above the base flood
elevation and located in meter rooms.
SUBSECTION 3.O. AMENDMENTS TO SECTION 3.02.07 – SPECIFIC STANDARDS FOR
CONSTRUCTION WITHIN COASTAL HIGH HAZARD AREAS
Section 3.02.07, Specific Standards for Construction Within Coastal High Hazard Areas, of
Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended
to read as follows:
3.02.07 Reserved Specific Standards for Construction Within Coastal High Hazard Areas
A. Coastal high hazard areas within the areas of special flood hazard have special flood
hazards associated with high velocity waters from tidal surge and hurricane wave wash.
Therefore, the following provisions shall apply:
1. All new construction and substantial improvements in the coastal high hazard area
shall be elevated on pilings and columns so that the bottom of the lowest horizontal
structural member of the lowest floor (excluding the pilings or columns) is elevated
to or above the base flood level; and the pile or column foundation and structure
attached thereto is anchored to resist flotation, collapse, and lateral movement due
to the effects of wind and water loads acting simultaneously on all building
components. Wind and water loading values shall each have a one (1) percent
chance of being equaled or exceeded in any given year (100-year mean
recurrence interval). A registered professional engineer or architect shall develop
or review the structural design, specifications, and plans for the construction, and
shall certify that the design and methods of construction to be used are in
accordance with accepted standards of practice for meeting the provisions this
paragraph.
2. All new construction and substantial improvements within the coastal high hazard
area shall have the space below the lowest floor either free of obstruction or
constructed with non-supporting breakaway walls, open wood lattice-work, or
insect screening intended to collapse under wind and water loads without causing
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collapse, displacement, or other structural damage to the elevated portion of the
building or supporting foundation system. For the purposes of this section, a
breakaway wall shall have a design safe loading resistance of not less than ten
(10) and no more than twenty (20), pounds per square foot. Use of breakaway
walls which exceed a design safe loading resistance of twenty (20) pounds per
square foot (either by design or when so required by local or State Codes) may be
permitted only if a registered professional engineer or architect certifies that the
design proposed meets the following conditions:
a. Breakaway wall collapse shall result from a water load less than that which
could occur during the base flood; and
b. The elevated portion of the building and supporting foundation system shall
not be subject to collapse, displacement, or other structural damage due to
the effects of wind on building components (structural and non-structural).
Maximum wind and water loading values to be used in this determination
shall each have one (1) percent chance of being equaled or exceeded in
any given year (100-year mean recurrence interval). Such enclosed space
shall be usable solely for parking of vehicles, building access, or storage.
3. All swimming pools within the coastal high hazard area shall be anchored to a pile
or column foundation to resist flotation, collapse, and lateral movement due to the
effects of wind and water loads acting simultaneously on the pool. Exception:
above-ground pools, for the private use of one- or two-family dwellings that are
constructed with a vinyl liner as the main component.
4. It is prohibited to use fill for structural support of buildings within the coastal high
hazard area. It is prohibited to alter sand dunes and mangrove stands, within the
coastal high hazard area, if the County Manager or designee determines that such
alteration would increase potential flood damage.
SUBSECTION 3.P. AMENDMENTS TO SECTION 3.02.08 – REGULATIONS WITHIN THE
FLOODWAYS
Section 3.02.08, Regulations Within the Floodways, of Ordinance 04-41, as amended, the Collier
County Land Development Code, is hereby amended to read as follows:
3.02.08 Reserved Regulations Within the Floodways
A. When floodways are designated within areas of special flood hazard, additional criteria
shall be met. Since the floodway is an extremely hazardous area due to the velocity of
flood waters, which carry debris, potential projectiles, and erosion potential, the following
provision shall apply:
1. Encroachments, including fill, new construction, substantial improvements and
other developments, are prohibited, unless the property owner provides a
certification by a professional registered engineer demonstrating that such
encroachments shall not result in a significant increase in flood levels during
occurrence of the base flood discharge.
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SUBSECTION 3.Q. AMENDMENTS TO SECTION 3.02.09 – REGULATIONS FOR MOBILE
HOMES AND RECREATIONAL VEHICLES
Section 3.02.09, Regulations for Mobile Homes and Recreational Vehicles , of Ordinance 04-41, as
amended, the Collier County Land Development Code, is hereby amended to read as follows:
3.02.09 Reserved Regulations for Mobile Homes and Recreational Vehicles
A. No mobile home shall be placed in the coastal high hazard area, as depicted on the
county-wide Future Land Use Map, or in a floodway, except in an existing mobile home
park or existing mobile home subdivision, or land already zoned to allow mobile home
development.
B. All mobile homes placed, or substantially improved, on individual lots or parcels, in
expansions to existing mobile home parks or subdivisions, must meet all the requirements
for new construction, including elevation and anchoring.
BC. All mobile homes to be placed, or substantially improved, in an existing mobile home park
or subdivision must be elevated on a permanent foundation such that the lowest floor of
the mobile home complies with the minimum requirements of Chapter 62 of the Code of
Laws and Ordinances. is at or above the base flood elevation, and securely anchored to
an adequately anchored foundation system in accordance with the provisions of this LDC.
This paragraph applies to:
1. Mobile homes to be placed, or substantially improved, in an existing mobile home
park or subdivision.
2. Mobile homes to be placed, or substantially improved, in an existing mobile home
park or subdivision, except where the repair, reconstruction, or improvement of the
streets, utilities, and pads equals or exceeds 50 percent of the value of the streets,
utilities, and pads before the repair, reconstruction, or improvement has
commenced. Existing mobile homes that are substantially improved will require
reinforced piers or other foundation elements that are no less than 36 inches in
height above grade, or have their lowest floor at or above the base flood elevation,
if this allows for use of a lower foundation.
3. Mobile homes in existing mobile home parks or subdivisions shall be elevated 36
inches above finished grade on reinforced piers when the repair, reconstruction,
or improvement of the streets, utilities, and pads equals or exceeds 50 percent of
the value of the streets, utilities, and pads before the repair, reconstruction, or
improvement has commenced.
CD. Evacuation plans shall be included in applications for new manufactured home parks and
subdivisions, and for expansions to manufactured home parks and subdivisions, in flood
hazard areas. The County Manager or designee shall review and approve such
evacuation plans. All mobile home parks or subdivisions must develop, and have
approved by the County Manager or designee, a plan for evacuating the residents of
existing mobile home parks or subdivisions.
E. All recreational vehicles placed on sites within Zones Al-30, AH, and AE on the
community's FIRM shall either:
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1. Be on the site for fewer than 180 consecutive days;
2. Be fully licensed and ready for highway use; or
3. Meet the permit requirements of this section, and the elevation and anchoring
requirements for "mobile homes" in accordance with this section.
F. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is
attached to the site only by quick disconnect type utilities and security devices, and has
no permanently attached additions.
SUBSECTION 3.R. AMENDMENTS TO SECTION 3.02.10 – STANDARDS FOR SUBDIVISION
PLATS
Section 3.02.10, Standards for Subdivision Plats, of Ordinance 04-41, as amended, the Collier
County Land Development Code, is hereby amended to read as follows:
3.02.10 Reserved Standards for Subdivision Plats
A. All subdivision plats shall be consistent with the need to minimize flood damage.
B. All subdivision plats shall have public utilities and facilities, such as sewer, gas, electrical,
and water systems, located and constructed to minimize flood damage.
C. All subdivision plats shall have adequate drainage provided to reduce exposure to flood
hazards.
D. Base flood elevation data shall be shown on the Master Subdivision Plan.
E. All final plats presented for approval shall clearly indicate the finished elevation of the
roads and the average finished elevation of the lots or homesite. All grades must be shown
in NAVD.
SUBSECTION 3.S. AMENDMENTS TO SECTION 3.04.02 – SPECIES SPECIFIC
REQUIREMENTS
Section 3.04.02, Species Specific Requirements, of Ordinance 04-41, as amended, the Collier
County Land Development Code, is hereby amended to read as follows:
3.04.02 Species Specific Requirements
B. Sea Turtle Protection.
* * * * * * *
5. It shall be unlawful, during the nesting season, to construct any structure, add any
fill, mechanically clean any beach, or grade any dirt within 100 feet of the nesting
zone of a beach where sea turtles nest or may nest, without obtaining a
construction in sea turtle nesting area permit from the County Manager or
designee.
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* * * * * * *
e. Minor structures, as defined by Florida Statutes Subsection 161.055, of the
Coastal Zone Protection Act of 1985, shall be approved, provided that they
also comply with:
i. Chapter 62 of the Collier County Code of Laws and Ordinances.
Federal requirements for elevations above the 100-year flood level,
ii. Florida Building Code Collier County Building Code requirements
for flood proofing,
iii. Current building and life safety codes,
iii.iv. Collier County and State of Florida Department of Environmental
Protection CCSL/CCCL regulations,
iv. Applicable disability access regulations of the American Disability
Act (ADA), and
vi. Any required Collier County zoning and other development
regulations with the exception of existing density or intensity
requirements established, unless compliance with such zoning or
other development regulations would preclude reconstruction
otherwise intended by the Build back Policy as determined by the
Emergency Review Board established herein.
* * * * * * *
SUBSECTION 3.T. AMENDMENTS TO SECTION 3.05.07 – PRESERVATION STANDARDS
Section 3.05.07, Preservation Standards, of Ordinance 04-41, as amended, the Collier County Land
Development Code, is hereby amended to read as follows:
3.05.07 Preservation Standards
* * * * * * *
H. Preserve standards.
1. Design standards.
* * * * * * * * * * * * *
e. Created preserves. Although the primary intent of GMP CCME Policy 6.1.1
is to retain and protect existing native vegetation, there are situations where
the application of the retention requirements of this Policy is not possible.
In these cases, creation or restoration of vegetation to satisfy all or a portion
of the native vegetation retention requirements may be allowed. In keeping
with the intent of this policy, the preservation of native vegetation off site is
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preferable over creation of preserves. Created Preserves shall be allowed
for parcels that cannot reasonably accommodate both the required on-site
preserve area and the proposed activity.
i. Applicability. Criteria for determining when a parcel cannot
reasonably accommodate both the required on-site preserve area
and the proposed activity include:
* * * * * * *
(b) Where the existing vegetation required by this policy is
located where proposed site improvements are to be
located and such improvements cannot be relocated as to
protect the existing native vegetation;
(c) To provide for flood plain compensation as required by the
LDC section 3.07.02.
* * * * * * *
SUBSECTION 3.U. AMENDMENTS TO SECTION 3.07.02 – INTERIM WATERSHED
REGULATIONS
Section 3.07.02, Interim Watershed Regulations, of Ordinance 04-41, as amended, the Collier
County Land Development Code, is hereby amended to read as follows:
3.07.02 Interim Watershed Regulations
* * * * * * *
C. Floodplain storage compensation calculation shall be provided on a case by case basis,
based upon historical flooding and drainage problem area information, as determined by
staff, for developments within flood hazard areas established in Chapter 62 of the Collier
County Code of Laws and Ordinances the designated flood zones "A", "AE", and "VE" as
depicted on the Flood Insurance Rate Maps published by the Federal Emergency
Management Agency with an effective date of November 17, 2005. Floodplain storage
compensation calculations shall be provided on a case by case basis, based upon
historical flooding and drainage problem area information, as determined by staff, for
areas known to be periodically inundated by intense rainfall or sheetflow conditions.
* * * * * * *
SUBSECTION 3.V. AMENDMENTS TO SECTION 4.01.01 – ELEVATION REQUIREMENTS
FOR ALL DEVELOPMENTS
Section 4.01.01, Elevation Requirements for All Developments, of Ordinance 04-41, as amended, the
Collier County Land Development Code, is hereby amended to read as follows:
4.01.01 - Elevation Requirements for All Developments
The elevation of all building sites and public or private roadways included within a
subdivision or development for which a use other than conservation or recreation is proposed
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shall be not less than such minimum elevations as adopted by the BCC, Florida Building Code,
Chapter 62 of the Code of Laws and Ordinances, FEMA/FIRM, or South Florida Water
Management District (SFWMD) criteria. All lawful regulations with reference to bulkhead lines,
saltwater barrier lines, and other appropriate regulations regarding land filling, conservation,
excavations, demolition, and related regulations shall be observed during the construction of any
improvements within Collier County.
SUBSECTION 3.W. AMENDMENTS TO SECTION 4.02.11 – DESIGN STANDARDS FOR
HURRICANE SHELTERS WITHIN MOBILE HOME RENTAL PARKS
Section 4.02.11, Design Standards for Hurricane Shelters Within Mobile Home Rental Parks , of
Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended
to read as follows:
4.02.11 - Design Standards for Hurricane Shelters Within Mobile Home Rental Parks
* * * * * * *
C. The design and construction of the required shelters shall be guided by the wind loads
applied to buildings and structures designated as "essential facilities" in the Florida
Building Code Standard Building Code/1988 edition, table 1205.
* * * * * * * * * * * * *
SUBSECTION 3.X. 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
* * * * * * *
B. All development orders issued for projects within the ACSC-ST shall be transmitted to the
State of Florida, Department of Economic Opportunity Commerce, for review with the
potential for appeal to the administration commission pursuant to Florida Administrative
Code, development order Requirements for Areas of Critical State Concern.
C. Site alteration within the ACSC-ST.
* * * * * * *
11. Structure installation.
a. Placement of structures shall be accomplished in a manner that will not
adversely affect surface water flow or tidal action.
b. Minimum lowest floor elevation permitted for structures shall be at or above
the elevation required by the Florida Building Code 100-year flood level, as
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established by the administrator of the federal flood Insurance
Administration. The construction of any structure in a flood hazard area
shall meet additional requirements of Chapter 62 of the Code of Laws and
Ordinances federal flood insurance land management and use criteria.
c. This rule shall not apply to structures used or intended for use in connection
with the agricultural use of the land except as provided in Chapter 62 of the
Code of Laws and Ordinances.
* * * * * * *
SUBSECTION 3.Y. AMENDMENTS TO SECTION 4.02.16 – DESIGN STANDARDS FOR
DEVELOPMENT IN THE BAYSHORE GATEWAY TRIANGLE COMMUNITY
REDEVELOPMENT AREA
Section 4.02.16, Design Standards for Development in the Bayshore Gateway Triangle Community
Redevelopment Area, of Ordinance 04-41, as amended, the Collier County Land Development
Code, is hereby amended to read as follows:
4.02.16 - Design Standards for Development in the Bayshore Gateway Triangle Community
Redevelopment Area
* * * * * * *
C. Additional Standards for Specific Uses. Certain uses may be established, constructed,
continued, and/or expanded provided they meet certain mitigating standards specific to
their design and/or operation. These conditions ensure compatibility between land uses
and building types and minimize adverse impacts to surrounding properties.
* * * * * * *
2. Accessory Uses to Residential Structures. An accessory structure located on the
property and related to the primary residence (single-family detached only) for
uses which include, but are not limited to: library, studio, workshop, playroom,
screen enclosure, detached garage, swimming pool or guesthouse.
* * * * * * *
d. The guesthouse must be of new construction and must meet the
requirements of the Florida Building Code National Flood Insurance
Program (NFIP) first habitable floor elevation requirements. The
guesthouse may be above a garage or may be connected to the primary
residence by an enclosed breezeway or corridor not to exceed 8 feet in
width.
* * * * * * *
D. Building Types and Architectural Standards
* * * * * * *
4. Building Type: HOUSE.
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* * * * * * *
c. Façade Requirements:
i. A maximum of two feet of fill shall be allowed on sites in flood
hazard areas to meet the elevation requirements of the Florida
Building Code towards meeting National Flood Insurance Program
(NFIP) requirements. Additional NFIP finished habitable lowest
floor height requirements shall be accomplished through stem wall
construction. Stem walls shall be finished in material and color
complimentary to the principal structure.
ii. Open stilt-type construction is not permitted. On front yards, the
foundation area below the first floor must be treated with a solid
façade or lattice, which is consistent with the architectural style of
the building and the floodplain protection standards of the Florida
Building Code and Chapter 62 of the Code of Laws and Ordinances
section 3.02.00.
* * * * * * *
SUBSECTION 3.Z. AMENDMENTS TO SECTION 4.03.03 – SUBDIVISION EXEMPTIONS
Section 4.03.03, Subdivision Exemptions, of Ordinance 04-41, as amended, the Collier County
Land Development Code, is hereby amended to read as follows:
4.03.03 – Subdivision Exemptions
* * * * * * *
G. Rural area subdivision requirements.
* * * * * * *
3. Access agreement. The owner of property applying for a building permit shall
execute a release and waiver agreement which shall be executed and recorded at
the applicant's expense in the official records of Collier County. The release and
waiver agreement shall be in a form approved by the county attorney or designee,
and shall include, at a minimum, the following provisions and a copy of the
recorded agreement submitted with the property owner's building permit
application:
* * * * * * *
k. An acknowledgment that the Department of Economic
Opportunity Commerce (DEO) may review and appeal any development
order issued by Collier County within the Big Cypress Area of Critical State
Concern. Also, confirmation that the applicant will execute, prior to
issuance of any development order by Collier County, a statement of
understanding of the DEO Department of Commerce review requirements
in the form approved by the DEO Department of Commerce; and
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* * * * * * *
SUBSECTION 3.AA. AMENDMENTS TO SECTION 4.06.04 – TREES AND VEGETATION
PROTECTION
Section 4.06.04, Trees and Vegetation Protection, of Ordinance 04-41, as amended, the Collier
County Land Development Code, is hereby amended to read as follows:
4.06.04 – Trees and Vegetation Protection
A. Vegetation Removal and Site Filling. Unless exempted by Section 3.05.02, clearing and
filling for Site Development Plans (SDP), Site Improvement Plans (SIP), Plans and Plat
(PPL) and Vegetation Removal and Site Fill Permits (VRSFP) shall be in accordance
with Section 3.05.05 and the following criteria. The following shall not apply to the Golden
Gate Estates subdivision.
* * * * * * *
3. Stabilization:
* * * * * * *
e. For subdivisions and VRSFPs within subdivisions, excluding VRSFPs for
clearing and filling of 5 lots or less or for temporary access pursuant
to 4.06.04 A.2.a, b and c (above), a vegetation bond in the form of a
performance bond, letter of credit, or cash bond and in the amount of
$5,000.00 per acre must be posted. Bonds shall be released to
the applicant on a prorated basis based upon issuance of building permits
or stabilization of fill.
* * * * * * *
SUBSECTION 3.BB. AMENDMENTS TO SECTION 5.05.15 – CONVERSION OF GOLF
COURSES
Section 5.05.15, Conversion of Golf Courses, of Ordinance 04-41, as amended, the Collier
County Land Development Code, is hereby amended to read as follows:
5.05.15 – Conversion of Golf Courses
* * * * * * *
C. Application process for conversion applications.
* * * * * * *
2. Developer's Alternatives Statement requirements. The purpose of the
Developer's Alternatives Statement (DAS) is to serve as a tool to inform
stakeholders and the County about the applicant's development options
and intentions. It is intended to encourage communication, cooperation,
and consensus building between the applicant, the stakeholders, and the
County.
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b.a. Alternatives. The DAS shall be prepared by the applicant and shall clearly
identify the goals and objectives for the conversion project. The DAS shall
address, at a minimum, the three alternatives noted below. The alternatives
are not intended to be mutually exclusive; the conceptual development plan
described below may incorporate one or more of the alternatives in the
conversion project.
* * * * * * *
SUBSECTION 3.CC. AMENDMENTS TO SECTION 6.01.02 – EASEMENTS
Section 6.01.02, Easements, of Ordinance 04-41, as amended, the Collier County Land
Development Code, is hereby amended to read as follows:
6.01.02 – Easements
If applicable, easements shall be provided along lot lines or along the alignment of the
improvements requiring easements in accordance with all design requirements so as to provide
for proper access to, and construction and maintenance of, the improvements. All such
easements shall be properly identified on the preliminary subdivision plat and dedicated on the
final subdivision plat.
* * * * * * *
C. Protected/preserve area and easements. A nonexclusive easement or tract in favor of
Collier County, without any maintenance obligation, shall be provided for all
"protected/preserve" areas required to be designated on the preliminary and final
subdivision plats or only on the final subdivision plat if the applicant chooses not to submit
the optional preliminary subdivision plat. Any buildable lot or parcel subject to or abutting
a protected/preserve area required to be designated on the preliminary and final
subdivision plats, or only on the final subdivision plat if the applicant chooses not to submit
the optional preliminary subdivision plat, shall have a minimum setback as required by the
LDC, or other setback that may be approved as a deviation through the PUD approval
process by the Board of County Commissioners from the boundary of such
protected/preserve area in which no principle principal structure may be constructed. The
required preserve principal structure setback line and the accessory structure setback
lines shall be clearly indicated and labeled on the final plat where applicable. Further, the
preliminary and final subdivision plats, or only on the final subdivision plat if the applicant
chooses not to submit the optional preliminary subdivision plat, shall require that no
alteration, including accessory structures, fill placement, grading, plant alteration or
removal, or similar activity shall be permitted within such setback area without the prior
written consent of the County Manager or designee; provided, in no event shall these
activities be permitted in such setback area within ten feet of the protected/preserve area
boundary. Additional regulations regarding preserve setbacks and buffers are located in
Chapters 4 and 10, and shall be applicable for all preserves, regardless if they are platted
or simply identified by a recorded conservation easement. The boundaries of all required
easements shall be dimensioned on the final subdivision plat. Required
protected/preserve areas shall be identified as separate tracts or easements having
access to them from a platted right-of-way. No individual residential or commercial lot or
parcel lines may project into them when platted as a tract. If the protected/preserve area
is determined to be jurisdictional in nature, verification must be provided which documents
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the approval of the boundary limits from the appropriate local, state or federal agencies
having jurisdiction and when applicable pursuant to the requirements and provisions of
the growth management plan. All required easements or tracts for protected/preserve
areas shall be dedicated and also establish the permitted uses for said easement(s) and/or
tracts on the final subdivision plat to Collier County without the responsibility for
maintenance and/or to a property owners' association or similar entity with maintenance
responsibilities. An applicant who wishes to set aside, dedicate or grant additional
protected preserve areas not otherwise required to be designated on the preliminary
subdivision plat and final subdivision plats, or only on the final subdivision plat if the
applicant chooses not to submit the optional preliminary subdivision plat, may do so by
grant or dedication without being bound by the provisions of this section.
* * * * * * *
SUBSECTION 3.DD. AMENDMENTS TO SECTION 9.04.05 – SPECIFIC REQUIREMENTS
FOR VARIANCES TO FLOOD HAZARD PROTECTION
Section 9.04.05, – Specific Requirements for Variances to Flood Hazard Protection
Requirements, of Ordinance 04-41, as amended, the Collier County Land Development Code, is
hereby amended to read as follows:
9.04.05 – Reserved. Specific Requirements for Variances to Flood Hazard Protection
Requirements
A. General requirements.
1. Variances shall only be issued upon a determination that the variance is the
minimum necessary, considering the flood hazard, to afford relief.
2. Variances shall only be issued upon:
a. A showing of good and sufficient cause.
b. A determination that failure to grant the variance would result in exceptional
hardship to the applicant.
c. A determination that the granting of a variance will not result in increased
flood heights, additional threats to public safety, extraordinary public
expense, create nuisances, cause fraud on or victimization of the public, or
conflict with existing local laws or ordinances.
3. In passing upon a variance, the Board of Zoning Appeals shall consider all
technical evaluations, all relevant factors, standards specified in other sections of
the LDC; and the following criteria:
a. The danger that materials may be swept onto other lands to the injury of
others;
b. The danger to life and property due to flooding or erosion damage;
c. The susceptibility of the proposed facility and its contents to flood damage
and the effect of such damage on the individual owner;
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d. The importance of the services provided by the proposed facility to the
community;
e. The necessity to the facility of a waterfront location, where applicable;
f. The availability of alternative locations, not subject to flooding or erosion
damage, for the proposed use;
g. The compatibility of the proposed use with existing and anticipated
development.
h. The relationship of the proposed use to the GMP and flood plain
management program for the area;
i. The safety of access to the property in times of flood for ordinary and
emergency vehicles;
j. The expected heights, velocity, duration, rate of rise, and sediment
transport of the flood waters and the effects of wave action, if applicable,
expected at the site;
k. The costs of providing governmental services during and after flood
conditions, including maintenance and repair of public utilities and facilities
such as sewer, gas, electrical, water systems, streets, and bridges, and;
l. Variances shall not be issued within any designated floodway if any
increase in flood levels during the base flood discharge would result.
m. Variances may be issued by a community for new construction and
substantial improvements and for other development necessary for the
conduct of a functionally dependent use provided that the criteria of (a)
through (l) of this section are met.
n. Generally, variances may be issued for new construction and substantial
improvements to be erected on a lot of one-half (½) acre or less in size
contiguous to and surrounded by lots with existing structures constructed
below the base flood level, providing items (a) through (l) have been fully
considered.
SUBSECTION 3.EE. AMENDMENTS TO SECTION 10.02.04 – REQUIREMENTS FOR
PRELIMINARY AND FINAL SUBDIVISION PLATS
Section 10.02.04, – Requirements for Preliminary and Final Subdivision Plats, of Ordinance 04-
41, as amended, the Collier County Land Development Code, is hereby amended to read as
follows:
10.02.04 – Requirements for Preliminary and Final Subdivision Plats
* * * * * * *
E. General Requirements for Construction Plans (CNSTR).
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* * * * * * *
2. Application and process.
* * * * * * *
c. Construction plans shall be reviewed and approved pursuant to LDC
section 10.02.04 B.3 and B.4, as applicable.
* * * * * * *
SUBSECTION 3.FF. AMENDMENTS TO SECTION 10.02.08 – REQUIREMENTS FOR
AMENDMENTS TO THE OFFICIAL ZONING ATLAS
Section 10.02.08, – Requirements for Amendments to the Official Zoning Atlas, of Ordinance 04-41,
as amended, the Collier County Land Development Code, is hereby amended to read as
follows:
10.02.08 – Requirements for Amendments to the Official Zoning Atlas
* * * * * * *
B. Amendment of the zoning atlas. A zoning atlas amendment may be proposed by:
1. Board of cCounty cCommissioners.
2. Planning cCommission.
3. Board of zZoning aAppeals.
* * * * * * *
SUBSECTION 3.GG. AMENDMENTS TO SECTION 10.04.04 – Applications Subject to Type
III Review
Section 10.04.04, – Applications Subject to Type III Review, of Ordinance 04-41, as amended,
the Collier County Land Development Code, is hereby amended to read as follows:
10.04.04 Applications Subject to Type III Review
The following applications are subject to Type III review: Variances; Administrative Appeals;
Certificates of Appropriateness; conditional uses; nonconforming Use Amendments; Vested
Rights; flood Variances; Parking Agreements.
* * * * * * *
SUBSECTION 3.HH. AMENDMENTS TO APPENDIX C- FINAL SUBDIVISION PLAT,
REQUIRED CERTIFICATIONS AND SUGGESTED TEXT AND
FORMATS FOR OTHER REQUIRED INFORMATION
Appendix C- Final Subdivision Plat, Required Certifications and Suggested Text and Formats
for Other Required Information, of Ordinance 04-41, as amended, the Collier County Land
Development Code, is hereby amended to read as follows:
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APPENDIX C – FINAL SUBDIVISION PLAT, REQUIRED CERTIFICATIONS AND
SUGGESTED TEXT AND FORMATS FOR OTHER REQUIRED INFORMATION
* * * * * * *
A. DEDICATE TO THE (insert homeowners' association or legal entity):
* * * * * * *
7. All conservation/preserve areas/easements as follows:
ALL (CONSERVATION or PRESERVE) (TRACTS or EASEMENTS) ARE
DEDICATED AS COMMON AREAS WITH PERPETUAL RESPONSIBILITY FOR
MAINTENANCE. THE (CONSERVATION or PRESERVE) (TRACTS or
EASEMENTS) MAY IN NO WAY BE ALTERED FROM THEIR NATURAL OR
PERMITTED STATE. ACTIVITIES PROHIBITED WITHIN THE (CONSERVATION
or PRESERVE) AREAS INCLUDE, BUT ARE NOT LIMITED TO,:
CONSTRUCTION OR PLACING OF BUILDINGS ON OR ABOVE THE GROUND;
DUMPING OR PLACING SOIL OR OTHER SUBSTANCES SUCH AS TRASH;
REMOVAL OR DESTRUCTION OF TREES, SHRUBS, OR OTHER
VEGETATION WITH THE EXCEPTION OF EXOTIC/NUISANCE VEGETATION
REMOVAL; EXCAVATION, DREDGING OR REMOVAL OF SOIL MATERIAL
DIKING OR FENCING; ANY OTHER ACTIVITIES DETRIMENTAL TO
DRAINAGE;, FLOOD CONTROL, WATER CONSERVATION, EROSION
CONTROL, OR FISH AND WILDLIFE HABITAT CONSERVATION OR
PRESERVATION.
* * * * * * *
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
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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.
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
23-LDS-00288/66
1/18/24
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LAND DEVELOPMENT CODE AMENDMENT
PETITION
PL20220005067
SUMMARY OF AMENDMENT
This amendment corrects scrivener’s errors and updates cross-references
related to various Land Development Code (LDC) sections.
ORIGIN
Growth Management
Community Development
Department (GMCDD)
HEARING DATES LDC SECTION TO BE AMENDED
BCC 02/27/2024
01/23/2024
1.08.01
1.08.02
2.02.02
2.03.01
2.03.02
2.03.03
2.03.07
2.03.08
4.02.14
4.03.03
4.06.04
5.05.15
6.01.02
10.02.04
10.02.08
Appendix C
Abbreviations
Definitions
District Nomenclature
Agricultural Districts
Residential Zoning Districts
Commercial Zoning Districts
Overlay Zoning Districts
Rural Fringe Zoning Districts
Design Standards for Development in the ST and ACSC-ST
Districts
Subdivision Exemptions
Trees and Vegetation Protection
Conversion of Golf Courses
Easements
Requirements for Preliminary and Final Subdivision Plats
Requirements for Amendments to the Official Zoning Atlas
FINAL SUBDIVISION PLAT, REQUIRED
CERTIFICATIONS AND SUGGESTED TEXT AND
FORMATS FOR OTHER REQUIRED INFORMATION
CCPC 12/07/2023
DSAC 11/01/2023
11/02/2022
DSAC-
LDR
10/17/2023
08/24/2022
ADVISORY BOARD RECOMMENDATIONS
DSAC-LDR
Approval
DSAC
Approval
CCPC
Approval
BACKGROUND
This LDC amendment corrects scrivener’s errors and updates various citations/references throughout the LDC.
This staff-led effort required collaboration between Zoning and Development Review divisions in the GMCDD.
These changes are necessary to keep citations current and text appropriate. Research to relevant codes was applied
for validity. This amendment makes corrections in the following LDC sections:
LDC section 1.08.01.: Update the C-1 Zoning District title.
LDC section 1.08.01.: Removal of abbreviation for Residential Neighborhood Commercial Subdistrict.
LDC section 1.08.01.: The “s” in “Village Residential Zoning Districts” should be removed.
LDC section 1.08.02.: This is an editorial correction to correct punctuation.
LDC section 1.08.02.: LDC section 2.05.02 is referenced when the correct reference should be LDC section
2.05.01.
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LDC section 2.02.02 D.: Addition of “BP” to include the Business Park District.
LDC section 2.03.01 B.1.c.5.: The reference to LDC subsection 2.03.01 B.3.f. is incorrect, and the correct
reference is LDC subsection 2.03.01 B.1.c.6. The reference to Florida State Statute 429.402 is incorrect, and the
correct reference is 429.02.
LDC section 2.03.02 A.1.c.7.: The reference to LDC subsection 2.03.02 3.h. is incorrect. The correct reference is
LDC subsection 2.03.02 A.1.c.8.
LDC section 2.03.03 B.1.c.8.: The word “principle” should read “principal” since the word has a different
meaning.
LDC section 2.03.03 C.1.a.42.: The chapter citation of the Florida Administrative Code (F.A.C.) is cited
incorrectly. There is no chapter 589A-36. Chapter 59A-36 is appropriate, it being entitled “Assisted Living
Facility,” with this LDC section referring to this subject.
LDC section 2.03.07 F.2.b.: LDC section 4.02.06 is referenced as it pertains to the design standards for the
GGPOD zoning overlay. This citation is incorrect. The GGPOD zoning overlay should cite LDC section 4.02.26.
These design standards have been in this section since their adoption in the LDC.
LDC section 2.03.07 G.6.d.: LDC section 2.03.06 G.6.c.i. is referenced, however section 2.03.06 G.6.c.i. does
not exist. The section should read 2.03.07 G.6.c.i.
LDC section 2.03.07 I.3.a.: This section of the LDC references section V.F. from the Future Land Use Element
(FLUE). This is an incorrect citation. The FLUE was updated and the referenced V.F. section changed to V.G.
LDC section 2.03.07 N.3.a.: The Future Land Use Element citation is incorrect and has been updated from V.F.
to V.G.
LDC section 2.03.07 N 4.b.iii.: LDC section 5.05.04 is referenced for guesthouse regulations, however, it should
be LDC section 5.03.03.
LDC section 2.03.08 A.2.b.(1)(C): The reference to LDC section 2.03.02(E) is incorrect. The correct reference
for the C-4 zoning district is LDC section C-4 is 2.03.03(D).
LDC section 2.03.08 B.1.a.(5): The LDC section citation for 2.03.08 C. is incorrect and has been updated to
2.03.08 B.
LDC section 2.03.08 B.1.b.: The typo, “eth” has been corrected to the intended word “the”.
LDC section 4.02.14 B.: Update the reference to State of Florida “Department of Economic Opportunity” to
“Department of Commerce”.
LDC section 4.03.03 G.3.k.: Update the reference to State of Florida “Department of Economic Opportunity” to
“Department of Commerce”.
LDC section 4.06.04. A.3.e.: This is an editorial correction, the removal of the word “and”.
LDC section 5.05.15 C.2.a.: This is an editorial correction to correct the labeling from “b.” to “a.”
LDC section 6.01.02 C.: The word “principle” should read “principal.” The word has a different meaning. This
section is referring to the primary structures located on a lot.
LDC section 10.02.04 E.2.c.: This is an addition to LDC section 10.02.04 E.2.c. as “B.3 and” was added.
Construction plans are reviewed, and approval is pursuant on LDC section 10.02.04 B.3. and B.4., not 10.02.04
B.4. alone.
LDC section 10.02.08 B.1. thru B.3.: This is an editorial correction, the capitalization of proper nouns.
Appendix C A.7.: This is an editorial correction to correct grammar punctuation.
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DSAC-LDR Subcommittee Recommendation:
On October 17, 2023, the DSAC-LDR Subcommittee recommended approval of the LDC amendment.
DSAC Recommendation:
On November 1, 2023, the DSAC recommended approval of the LDC amendment.
F
FISCAL & OPERATIONAL IMPACTS
There are no anticipated fiscal or operational
impacts associated with this amendment.
GMP CONSISTENCY
The proposed LDC amendment has been reviewed by
Comprehensive Planning staff and may be deemed
consistent with the GMP.
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Amend the LDC as follows:
1
1.08.01 – Abbreviations 2
3
* * * * * * * * * * * * * 4
5
C-1 Commercial Districts Commercial Professional and General Office District
6
* * * * * * * * * * * * * 7
8
RNC Residential Neighborhood Commercial Subdistrict
9
* * * * * * * * * * * * * 10
11
VR Village Residential Zoning Districts
12
* * * * * * * * * * * * * 13
# # # # # # # # # # # # # 14
15
1.08.02 – Definitions 16
17
* * * * * * * * * * * * * 18
19
Family care facility: A residential facility designed to be occupied by not more than 6 persons 20
under care, plus staff as required by rule 59A-36.010, F.A.C., and constituting a single dwelling 21
unit (i.e., adult congregate living facility for: aged persons; developmentally disabled persons; 22
physically disabled or handicapped persons; mentally ill persons; and persons recovering from 23
alcohol and/or drug abuse). Foster care facilities are also included, but not the uses listed under 24
group care facility (category II). This use shall be applicable to single-family dwelling units and 25
mobile homes. 26
27
* * * * * * * * * * * * * 28
29
Guesthouse: An accessory dwelling structure which is attached to or detached from, a principal 30
dwelling located on the same residential parcel and which an accessory dwelling serves as an 31
ancillary use providing living quarters for the occupants of the principal dwelling, their temporary 32
guests or their domestic employees and which may contain kitchen facilities. Guesthouses are 33
not permitted in development that is receiving an AHDB. See LDC 34
sections 4.01.02, 5.03.03 and 2.05.021 for additional information. 35
36
* * * * * * * * * * * * * 37
# # # # # # # # # # # # # 38
39
2.02.02 – District Nomenclature 40
41
* * * * * * * * * * * * * 42
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1
D. Where the phrases "industrial districts," "zoned industrially," "industrially zoned," 2
"industrial zoning," or phraseology of similar intent, are used in this LDC, the phrases shall 3
be construed to include: I, BP, and industrial components in PUDs. 4
5
* * * * * * * * * * * * * 6
# # # # # # # # # # # # # 7
8
2.03.01 – Agricultural Districts 9
10
* * * * * * * * * * * * * 11
12
B. Estate District (E). The purpose and intent of the estates district (E) is to provide lands for 13
low density residential development in a semi-rural to rural environment, with limited 14
agricultural activities. In addition to low density residential development with limited 15
agricultural activities, the E district is also designed to accommodate as conditional 16
uses, development that provides services for and is compatible with the 17
low density residential, semi-rural and rural character of the E district. The E district 18
corresponds to and implements the estates land use designation on the future land use 19
map of the Collier County GMP, although, in limited instances, it may occur outside of the 20
estates land use designation. The maximum density permissible in the E district shall be 21
consistent with and not exceed the density permissible or permitted under the estates 22
district of the future land use element of the Collier County GMP as provided under the 23
Golden Gate Master Plan. 24
25
1. The following subsections identify the uses that are permissible by right and the 26
uses that are allowable as accessory or conditional uses in the estates district (E). 27
28
* * * * * * * * * * * * * 29
30
c. Conditional uses. For Estates zoning within the Golden Gate Estates 31
subdivision, the Golden Gate Area Master Plan in the GMP restricts the 32
location of conditional uses. The following uses are permissible 33
as conditional uses in the estates district (E), subject to the standards and 34
procedures established in LDC section 10.08.00: 35
36
* * * * * * * * * * * * * 37
38
5. Group care facilities (category I); care units, subject to the 39
provisions of LDC subsection 2.03.01 B.3.f1.c.6.; nursing homes; 40
assisted living facilities pursuant to § 429.402 429.02 F.S. and ch. 41
59A-36 F.A.C.; and continuing care retirement communities 42
pursuant to ch. 651 F.S. and ch. 69O-193 F.A.C.; all subject to LDC 43
section 5.05.04. 44
45
* * * * * * * * * * * * * 46
# # # # # # # # # # # # # 47
48
2.03.02 – Residential Zoning Districts 49
50
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* * * * * * * * * * * * * 1
2
A. Residential Single-Family Districts (RSF-1; RSF-2; RSF-3; RSF-4; RSF-5; RSF-6). The 3
purpose and intent of the residential single-family districts (RSF) is to provide lands 4
primarily for single-family residences. These districts are intended to be single-family 5
residential areas of low density. The nature of the use of property is the same in all of 6
these districts. Variation among the RSF-1, RSF-2, RSF-3, RSF-4, RSF-5 and RSF-6 7
districts is in requirements for density, lot area, lot width, yards, height, floor area, lot 8
coverage, parking, landscaping and signs. Certain structures and uses designed to serve 9
the immediate needs of the single-family residential development in the RSF districts such 10
as governmental, educational, religious, and noncommercial recreational uses are 11
permitted as conditional uses as long as they preserve and are compatible with the single-12
family residential character of the RSF district[s]. The RSF districts correspond to and 13
implement the urban mixed use land use designation on the future land use map of the 14
Collier County GMP. The maximum density permissible in the residential single-family 15
(RSF) districts and the urban mixed use land use designation shall be guided, in part, by 16
the density rating system contained in the future land use element of the Collier County 17
GMP. The maximum density permissible or permitted in the RSF district shall not exceed 18
the density permissible under the density rating system, except as permitted by policies 19
contained in the future land use element. 20
21
1. The following subsections identify the uses that are permissible by right and the 22
uses that are allowable as accessory or conditional uses in the residential single-23
family districts (RSF). 24
25
* * * * * * * * * * * * * 26
27
c. Conditional uses. The following uses are permissible as conditional uses in 28
the residential single-family districts (RSF), subject to the standards and 29
procedures established in LDC section 10.08.00. 30
31
* * * * * * * * * * * * * 32
33
7. Group care facilities (category I); care units subject to the provisions 34
of LDC subsection 2.03.02 3.hA.1.c.8.; nursing homes; assisted 35
living facilities pursuant to § 429.02 F.S. and ch. 59A-36 F.A.C.; and 36
continuing care retirement communities pursuant to ch. 651 F.S. 37
and ch. 69O-193 F.A.C.; all subject to LDC section 5.05.04. 38
39
* * * * * * * * * * * * * 40
# # # # # # # # # # # # # 41
42
2.03.03 – Commercial Zoning Districts 43
44
* * * * * * * * * * * * * 45
46
B. Commercial Convenience District (C-2). The purpose and intent of the commercial 47
convenience district (C-2) is to provide lands where commercial establishments may be 48
located to provide the small-scale shopping and personal needs of the surrounding 49
residential land uses within convenient travel distance except to the extent that office uses 50
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carried forward from the C-1 district will expand the traditional neighborhood size. 1
However, the intent of this district is that retail and service uses be of a nature that can be 2
economically supported by the immediate residential environs. Therefore, the uses should 3
allow for goods and services that households require on a daily basis, as opposed to those 4
goods and services that households seek for the most favorable economic price and, 5
therefore, require much larger trade areas. It is intended that the C-2 district implements 6
the Collier County GMP within those areas designated agricultural/rural; estates 7
neighborhood center district of the Golden Gate Master Plan; the neighborhood center 8
district of the Immokalee Master Plan; and the urban mixed use district of the future land 9
use element permitted in accordance with the locational criteria for commercial and the 10
goals, objectives, and policies as identified in the future land use element of the Collier 11
County GMP. The maximum density permissible in the C-2 district and the urban mixed 12
use land use designation shall be guided, in part, by the density rating system contained 13
in the future land use element of the Collier County GMP. The maximum density 14
permissible or permitted in a district shall not exceed the density permissible under the 15
density rating system. 16
17
1. The following uses, as identified with a number from the Standard Industrial 18
Classification Manual (1987), or as otherwise provided for within this section are 19
permissible by right, or as accessory or conditional uses within the C-2 commercial 20
convenience district. 21
22
* * * * * * * * * * * * * 23
24
c. Conditional uses. The following uses are permissible as conditional uses 25
in the commercial convenience district (C-2), subject to the standards and 26
procedures established in LDC section 10.08.00. 27
28
* * * * * * * * * * * * * 29
30
8. Personal services, miscellaneous (7299 - not listed as principle 31
principal uses and limited to babysitting bureaus; birth certificate 32
agencies; car title and tag services; computer photography or 33
portraits; dating service; diet workshops; dress suit rental; tux 34
rental; genealogical investigation service; hair removal; shopping 35
service for individuals only; wardrobe service, except theatrical; 36
wedding chapels, privately operated) with 1,800 square feet or less 37
of gross floor area in the principal structure. 38
39
* * * * * * * * * * * * * 40
41
C. Commercial Intermediate District (C-3). The purpose and intent of the commercial 42
intermediate district (C-3) is to provide for a wider variety of goods and services intended 43
for areas expected to receive a higher degree of automobile traffic. The type and variety 44
of goods and services are those that provide an opportunity for comparison shopping, 45
have a trade area consisting of several neighborhoods, and are preferably located at the 46
intersection of two-arterial level streets. Most activity centers meet this standard. This 47
district is also intended to allow all of the uses permitted in the C-1 and C-2 zoning districts 48
typically aggregated in planned shopping centers. This district is not intended to permit 49
wholesaling type of uses, or land uses that have associated with them the need for outdoor 50
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storage of equipment and merchandise. A mixed-use project containing a residential 1
component is permitted in this district subject to the criteria established herein. The C-3 2
district is permitted in accordance with the locational criteria for commercial and the goals, 3
objectives, and policies as identified in the future land use element of the Collier County 4
GMP. The maximum density permissible in the C-3 district and the urban mixed use land 5
use designation shall be guided, in part, by the density rating system contained in the 6
future land use element of the Collier County GMP. The maximum density permissible or 7
permitted in the C-3 district shall not exceed the density permissible under the density 8
rating system. 9
10
1. The following uses, as identified with a number from the Standard Industrial 11
Classification Manual (1987), or as otherwise provided for within this section are 12
permissible by right, or as accessory or conditional uses within the commercial 13
intermediate district (C-3). 14
15
* * * * * * * * * * * * * 16
17
a. Permitted uses. 18
19
* * * * * * * * * * * * * 20
21
42. Group care facilities (category I and II, except for homeless 22
shelters); care units, except for homeless shelters; nursing homes; 23
assisted living facilities pursuant to § 429.02 F.S. and ch. 589A-36 24
59A-36 F.A.C.; and continuing care retirement communities 25
pursuant to ch. 651 F.S. and ch. 69O-193 F.A.C.; all subject to LDC 26
section 5.05.04. 27
28
* * * * * * * * * * * * * 29
# # # # # # # # # # # # # 30
31
2.03.07 – Overlay Zoning Districts 32
33
* * * * * * * * * * * * * 34
35
F. Golden Gate Parkway Overlay District (GGPOD) 36
37
* * * * * * * * * * * * * 38
39
2. Applicability. 40
41
* * * * * * * * * * * * * 42
43
b. Property owners within the GGPOD may establish uses, densities, and 44
intensities in accordance with the underlying zoning classification of the 45
GGPOD. The design standards of the GGPOD pursuant to LDC section 46
4.02.06 26 shall apply. 47
48
* * * * * * * * * * * * * 49
50
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G. Immokalee Urban Overlay District. To create the Immokalee Urban Overlay District with 1
distinct subdistricts for the purpose of establishing development criteria suitable for the 2
unique land use needs of the Immokalee Community. The boundaries of the Immokalee 3
Urban Overlay District are delineated on the maps below. 4
5
* * * * * * * * * * * * * 6
7
6. Nonconforming Mobile Home Site Overlay Subdistrict. Establishment of special 8
conditions for these properties which by virtue of actions preceding the adoption 9
of Ordinance No. 91-102, on October 30, 1991, were deemed to be nonconforming 10
as a result of inconsistencies with the land development code, and are located 11
within the Immokalee Urban Boundary as depicted on the Immokalee Area Master 12
Plan. 13
14
* * * * * * * * * * * * * 15
16
d. Density. Once the existing conditions site improvement plan is approved, 17
owners may replace mobile home units with an approved building permit 18
at sites shown on the site plan. Replacement units may be larger than the 19
removed unit, so long as the minimum separation standards established in 20
LDC section 2.03.067 G.6.c.i are met. 21
22
* * * * * * * * * * * * * 23
24
I. Bayshore Zoning Overlay District (BZO). This section provides special conditions for the 25
properties adjacent to Bayshore Drive as identified by the designation "BZO" on the 26
applicable official Collier County Zoning Atlas Map or map series. 27
28
* * * * * * * * * * * * * 29
30
3. Relationship to the Underlying Zoning Classification and the GMP. 31
32
a. The purpose of the BZO is to fulfill the goals, objectives and policies of the 33
GMP, as may be amended. Specifically, the BZO implements the 34
provisions of section V.FG., Bayshore Gateway Triangle Redevelopment 35
Overlay, of the FLUE. Portions of the BZO coincide with Mixed Use Activity 36
Center #16 designated in the FLUE. Development in the activity center is 37
governed by requirements of the underlying zoning district and the mixed 38
use activity center subdistrict requirements in the FLUE, except for site 39
development standards as stated in LDC section 4.02.16. 40
41
N. Gateway Triangle Zoning Overlay District (GTZO). This section contains special 42
conditions for the properties in and adjacent to the Gateway Triangle as identified by the 43
designation "GTZO" on the applicable official Collier County Zoning Atlas Map or map 44
series. 45
46
* * * * * * * * * * * * * 47
48
3. Relationship to the Underlying Zoning Classification and Collier County Growth 49
Management Plan. 50
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1
a. The purpose of the GTZO is to fulfill the goals, objectives and policies of 2
the GMP, as may be amended. Specifically, the GTZO implements the 3
provisions of section V.FG., Bayshore Gateway Triangle Redevelopment 4
Overlay, of the Future Land Use Element. Portions of the GTZO that 5
coincide with Mixed Use Activity Center #16 as designated in the FLUE of 6
the GMP. Development standards in the activity center is governed by 7
requirements of the underlying zoning district requirements and the mixed 8
use activity center subdistrict requirements in the FLUE, except for site 9
development standards as stated in LDC section 4.02.16. 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. 22
23
Table 2. Table of Uses for the GTZO Subdistricts 24
USE TYPE GTZO SUBDISTRICTS ADDITIONAL
STANDARDS
RESIDENTIAL MIXED USE
a) RESIDENTIAL
25
* * * * * * * * * * * * * 26
27
7) Guesthouse A A 5.05.04 5.03.03
and 4.02.16 C.2.
28
* * * * * * * * * * * * * 29
# # # # # # # # # # # # # 30
31
2.03.08 – Rural Fringe Zoning Districts 32
33
A. Rural Fringe Mixed-Use District (RFMU District). 34
35
* * * * * * * * * * * * * 36
37
2. RFMU receiving lands. RFMU receiving lands are those lands within the RFMU 38
district that have been identified as being most appropriate for development and 39
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to which residential development units may be transferred from RFMU sending 1
lands. Based on the evaluation of available data, RFMU receiving lands have a 2
lesser degree of environmental or listed species habitat value than RFMU sending 3
lands and generally have been disturbed through development or previous or 4
existing agricultural operations. Various incentives are employed to 5
direct development into RFMU receiving lands and away from RFMU sending 6
lands, thereby maximizing native vegetation and habitat preservation and 7
restoration. Such incentives include, but are not limited to: the TDR 8
process; clustered development; density bonus incentives; and provisions for 9
central sewer and water. Within RFMU receiving lands, the following standards 10
shall apply, except as noted in LDC subsection 2.03.08 A.1 above, or as more 11
specifically provided in an applicable PUD. 12
13
* * * * * * * * * * * * * 14
15
b. Rural villages. Rural villages, including rural villages within the NBMO, may 16
be approved within the boundaries of RFMU receiving lands, subject to the 17
following: 18
19
* * * * * * * * * * * * * 20
21
(1) Allowable Uses: 22
23
* * * * * * * * * * * * * 24
25
(c) All permitted and accessory uses listed in the C-4 General 26
Commercial District, section 2.03.023 (ED), subject to the 27
design guidelines and development standards set forth in 28
this Section. 29
30
* * * * * * * * * * * * * 31
32
B. Natural resource protection area overlay district (NRPA). 33
34
1. Purpose and intent. The purpose and intent of the Natural Resource Protection 35
Area Overlay District (NRPA) is to: protect endangered or potentially endangered 36
species by directing incompatible land uses away from their habitats; to identify 37
large, connected, intact, and relatively unfragmented habitats, which may be 38
important for these listed species; and to support State and Federal agencies' 39
efforts to protect endangered or potentially endangered species and their habitats. 40
NRPAs may include major wetland systems and regional flow-ways. These lands 41
generally should be the focus of any federal, state, County, or private acquisition 42
efforts. Accordingly, allowable land uses, vegetation preservation standards, 43
development standards, and listed species protection criteria within NRPAs set 44
forth herein are more restrictive than would otherwise be permitted in the 45
underlying zoning district and shall to be applicable in addition to any standards 46
that apply tin the underlying zoning district. 47
48
* * * * * * * * * * * * * 49
50
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a. NRPA overlay areas. NRPAs are located in the following areas: 1
2
* * * * * * * * * * * * * 3
4
(5) South Golden Gate Estates. 5
The NRPA lands within the Rural Fringe Mixed Use District to which 6
the Section 2.03.08 C.B. regulations apply (i.e. - numbers 3 and 4 7
above) are depicted by the following map: 8
9
* * * * * * * * * * * * * 10
11
b. NRPAS designated as RFMU sending lands within the RFMU district. 12
NRPAs located in the RFMU district are identified as RFMU sending lands 13
and are further subject to the provisions, conditions and standards set forth 14
in section 2.03.08 (A)(4). Private property owners within these NRPAs may 15
transfer residential development rights from these important 16
environmentally sensitive lands to other identified "receiving" lands 17
pursuant to eth the specific provisions set forth in section 2.01.03 of this 18
Code. 19
20
* * * * * * * * * * * * * 21
# # # # # # # # # # # # # 22
23
4.02.14 – Design Standards for Development in the ST and ACSC-ST Districts 24
25
* * * * * * * * * * * * * 26
27
B. All development orders issued for projects within the ACSC-ST shall be transmitted to the 28
State of Florida, Department of Economic Opportunity Commerce, for review with the 29
potential for appeal to the administration commission pursuant to Florida Administrative 30
Code, development order Requirements for Areas of Critical State Concern. 31
32
* * * * * * * * * * * * * 33
# # # # # # # # # # # # # 34
35
4.03.03 – Subdivision Exemptions 36
37
* * * * * * * * * * * * * 38
39
G. Rural area subdivision requirements. 40
41
* * * * * * * * * * * * * 42
43
3. Access agreement. The owner of property applying for a building permit shall 44
execute a release and waiver agreement which shall be executed and recorded at 45
the applicant's expense in the official records of Collier County. The release and 46
waiver agreement shall be in a form approved by the county attorney or designee, 47
and shall include, at a minimum, the following provisions and a copy of the 48
recorded agreement submitted with the property owner's building permit 49
application: 50
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1
* * * * * * * * * * * * * 2
3
k. An acknowledgment that the Department of Economic 4
Opportunity Commerce (DEO) may review and appeal any development 5
order issued by Collier County within the Big Cypress Area of Critical State 6
Concern. Also, confirmation that the applicant will execute, prior to 7
issuance of any development order by Collier County, a statement of 8
understanding of the DEO Department of Commerce review requirements 9
in the form approved by the DEO Department of Commerce; and 10
11
* * * * * * * * * * * * * 12
# # # # # # # # # # # # # 13
14
4.06.04 – Trees and Vegetation Protection 15
16
A. Vegetation Removal and Site Filling. Unless exempted by Section 3.05.02, clearing and 17
filling for Site Development Plans (SDP), Site Improvement Plans (SIP), Plans and Plat 18
(PPL) and Vegetation Removal and Site Fill Permits (VRSFP) shall be in accordance 19
with Section 3.05.05 and the following criteria. The following shall not apply to the Golden 20
Gate Estates subdivision. 21
22
* * * * * * * * * * * * * 23
24
3. Stabilization: 25
26
* * * * * * * * * * * * * 27
28
e. For subdivisions and VRSFPs within subdivisions, excluding VRSFPs for 29
clearing and filling of 5 lots or less or for temporary access pursuant 30
to 4.06.04 A.2.a, b and c (above), a vegetation bond in the form of a 31
performance bond, letter of credit, or cash bond and in the amount of 32
$5,000.00 per acre must be posted. Bonds shall be released to 33
the applicant on a prorated basis based upon issuance of building permits 34
or stabilization of fill. 35
36
* * * * * * * * * * * * * 37
# # # # # # # # # # # # # 38
39
5.05.15 – Conversion of Golf Courses 40
41
* * * * * * * * * * * * * 42
43
C. Application process for conversion applications. 44
45
* * * * * * * * * * * * * 46
47
2. Developer's Alternatives Statement requirements. The purpose of the 48
Developer's Alternatives Statement (DAS) is to serve as a tool to inform 49
stakeholders and the County about the applicant's development options 50
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and intentions. It is intended to encourage communication, cooperation, 1
and consensus building between the applicant, the stakeholders, and the 2
County. 3
4
b.a. Alternatives. The DAS shall be prepared by the applicant and shall clearly 5
identify the goals and objectives for the conversion project. The DAS shall 6
address, at a minimum, the three alternatives noted below. The alternatives 7
are not intended to be mutually exclusive; the conceptual development plan 8
described below may incorporate one or more of the alternatives in the 9
conversion project. 10
11
* * * * * * * * * * * * * 12
# # # # # # # # # # # # # 13
14
6.01.02 – Easements 15
16
If applicable, easements shall be provided along lot lines or along the alignment of the 17
improvements requiring easements in accordance with all design requirements so as to provide 18
for proper access to, and construction and maintenance of, the improvements. All such 19
easements shall be properly identified on the preliminary subdivision plat and dedicated on the 20
final subdivision plat. 21
22
* * * * * * * * * * * * * 23
24
C. Protected/preserve area and easements. A nonexclusive easement or tract in favor of 25
Collier County, without any maintenance obligation, shall be provided for all 26
"protected/preserve" areas required to be designated on the preliminary and final 27
subdivision plats or only on the final subdivision plat if the applicant chooses not to submit 28
the optional preliminary subdivision plat. Any buildable lot or parcel subject to or abutting 29
a protected/preserve area required to be designated on the preliminary and final 30
subdivision plats, or only on the final subdivision plat if the applicant chooses not to submit 31
the optional preliminary subdivision plat, shall have a minimum setback as required by the 32
LDC, or other setback that may be approved as a deviation through the PUD approval 33
process by the Board of County Commissioners from the boundary of such 34
protected/preserve area in which no principle principal structure may be constructed. The 35
required preserve principal structure setback line and the accessory structure setback 36
lines shall be clearly indicated and labeled on the final plat where applicable. Further, the 37
preliminary and final subdivision plats, or only on the final subdivision plat if the applicant 38
chooses not to submit the optional preliminary subdivision plat, shall require that no 39
alteration, including accessory structures, fill placement, grading, plant alteration or 40
removal, or similar activity shall be permitted within such setback area without the prior 41
written consent of the County Manager or designee; provided, in no event shall these 42
activities be permitted in such setback area within ten feet of the protected/preserve area 43
boundary. Additional regulations regarding preserve setbacks and buffers are located in 44
Chapters 4 and 10, and shall be applicable for all preserves, regardless if they are platted 45
or simply identified by a recorded conservation easement. The boundaries of all required 46
easements shall be dimensioned on the final subdivision plat. Required 47
protected/preserve areas shall be identified as separate tracts or easements having 48
access to them from a platted right-of-way. No individual residential or commercial lot or 49
parcel lines may project into them when platted as a tract. If the protected/preserve area 50
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is determined to be jurisdictional in nature, verification must be provided which documents 1
the approval of the boundary limits from the appropriate local, state or federal agencies 2
having jurisdiction and when applicable pursuant to the requirements and provisions of 3
the growth management plan. All required easements or tracts for protected/preserve 4
areas shall be dedicated and also establish the permitted uses for said easement(s) and/or 5
tracts on the final subdivision plat to Collier County without the responsibility for 6
maintenance and/or to a property owners' association or similar entity with maintenance 7
responsibilities. An applicant who wishes to set aside, dedicate or grant additional 8
protected preserve areas not otherwise required to be designated on the preliminary 9
subdivision plat and final subdivision plats, or only on the final subdivision plat if the 10
applicant chooses not to submit the optional preliminary subdivision plat, may do so by 11
grant or dedication without being bound by the provisions of this section. 12
13
* * * * * * * * * * * * * 14
# # # # # # # # # # # # # 15
16
10.02.04 – Requirements for Preliminary and Final Subdivision Plats 17
18
* * * * * * * * * * * * * 19
20
E. General Requirements for Construction Plans (CNSTR). 21
22
* * * * * * * * * * * * * 23
24
2. Application and process. 25
26
* * * * * * * * * * * * * 27
28
c. Construction plans shall be reviewed and approved pursuant to LDC 29
section 10.02.04 B.3 and B.4, as applicable. 30
31
* * * * * * * * * * * * * 32
# # # # # # # # # # # # # 33
34
10.02.08 – Requirements for Amendments to the Official Zoning Atlas 35
36
* * * * * * * * * * * * * 37
38
B. Amendment of the zoning atlas. A zoning atlas amendment may be proposed by: 39
40
1. Board of cCounty cCommissioners. 41
2. Planning cCommission. 42
3. Board of zZoning aAppeals. 43
44
* * * * * * * * * * * * * 45
# # # # # # # # # # # # # 46
47
APPENDIX C – FINAL SUBDIVISION PLAT, REQUIRED CERTIFICATIONS AND 48
SUGGESTED TEXT AND FORMATS FOR OTHER REQUIRED INFORMATION 49
50
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* * * * * * * * * * * * * 1
2
A. DEDICATE TO THE (insert homeowners' association or legal entity): 3
4
* * * * * * * * * * * * * 5
6
7. All conservation/preserve areas/easements as follows: 7
ALL (CONSERVATION or PRESERVE) (TRACTS or EASEMENTS) ARE 8
DEDICATED AS COMMON AREAS WITH PERPETUAL RESPONSIBILITY FOR 9
MAINTENANCE. THE (CONSERVATION or PRESERVE) (TRACTS or 10
EASEMENTS) MAY IN NO WAY BE ALTERED FROM THEIR NATURAL OR 11
PERMITTED STATE. ACTIVITIES PROHIBITED WITHIN THE (CONSERVATION 12
or PRESERVE) AREAS INCLUDE, BUT ARE NOT LIMITED TO,: 13
CONSTRUCTION OR PLACING OF BUILDINGS ON OR ABOVE THE GROUND; 14
DUMPING OR PLACING SOIL OR OTHER SUBSTANCES SUCH AS TRASH; 15
REMOVAL OR DESTRUCTION OF TREES, SHRUBS, OR OTHER 16
VEGETATION WITH THE EXCEPTION OF EXOTIC/NUISANCE VEGETATION 17
REMOVAL; EXCAVATION, DREDGING OR REMOVAL OF SOIL MATERIAL 18
DIKING OR FENCING; ANY OTHER ACTIVITIES DETRIMENTAL TO 19
DRAINAGE;, FLOOD CONTROL, WATER CONSERVATION, EROSION 20
CONTROL, OR FISH AND WILDLIFE HABITAT CONSERVATION OR 21
PRESERVATION. 22
23
* * * * * * * * * * * * * 24
# # # # # # # # # # # # # 25
26
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LAND DEVELOPMENT CODE AMENDMENT
PETITION
PL20230014143
SUMMARY OF AMENDMENT:
This amendment eliminates the f loodplain management provisions from the
Land Development Code (LDC) that are duplicative to the flood provisions
in Chapter 62 of the Collier County Code of Laws and Ordinances (Code of
Laws) or the Florida Building Code.
ORIGIN
Growth Management
Community Department
(GMCD)
HEARING DATES LDC SECTIONS TO BE AMENDED
Board 02/27/2024
01/23/2024
1.08.01
1.08.02
2.03.03
3.02.01
3.02.02
3.02.03
3.02.04
3.02.05
3.02.06
3.02.07
3.02.08
3.02.09
3.02.10
3.04.02
3.05.07
3.07.02
4.01.01
4.02.11
4.02.14
4.02.16
9.04.05
10.04.04
Abbreviations
Definitions
Commercial Zoning Districts
Findings of Fact
Purpose
Applicability
Exemptions
Basis for Establishing the Areas of Special Flood Hazard
General Standards for Flood Hazard Reduction
Specific Standards for Construction Within Coastal High Hazard
Areas
Regulations Within the Floodways
Regulations for Mobile Homes and Recreational Vehicles
Standards for Subdivision Plats
Species Specific Requirements
Preservation Standards
Interim Watershed Regulations
Elevation Requirements for All Developments
Design Standards for Hurricane Shelters Wi thin Mobile Home
Rental Parks
Design Standards for Development in the ST and ACSC -ST
Districts
Design Standards for Development in the Bayshore Gateway
Triangle Community Redevelopment Area
Specific Requirements for Variances to Flood Hazard Protection
Requirements
Applications Subject to Type III Review
CCPC 01/04/2024
COLLIER COUNTY PLANNING COMMISION (CCPC) RECOMMENDATION
Approved with recommendation
BACKGROUND
The National Flood Insurance Program (NFIP) is managed by the Federal Emergency Management Agency
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(FEMA) to provide “insurance to help reduce the socio -economic impact of floods.” As of August 2023, there
are currently 22,642 communities participating in the NFIP nationwide, including 468 in Florida. Collier County
has been participating in the NFIP since 1979, which is when the County first adopted a flood damage prevention
ordinance (Ord. 79-62). Subsequent repeals and amendments to the ordinance occur red in 1985, 1986, 1987,
1990, and 2005.
The Florida Division of Emergency Management (FDEM) serves as the State Coordinating Agency for the NFIP
and works with communities to ensure that local floodplain ordinances either meet or exceed the minimum
requirements of the NFIP. In 2010, the FDEM drafted a model ordinance, to provide guidance to local
jurisdictions throughout the State of Florida to assist in adopting the State’s higher regulatory standards. In 2011,
the Board voted to repeal the County’s flood damage prevention ordinance (Ord. 86 -28) and adopt a new
ordinance (Ord. 2011-07) to ensure greater consistency between the County regulations and the State of Florida
Model Flood Damage Prevention Ordinance. The new County regulations were then ame nded twice in 2012 and
repealed in 2019 to adopt (to the extent applicable) the regulations and policies set forth in the new and revised
State of Florida Model Flood Damage Prevention Ordinance.
In 2021, RCQuinn Consulting, Inc., a consultant working on behalf of the FDEM, contacted the County regarding
the County’s floodplain provisions in the LDC and advised staff to remove any provisions that were either
duplicative or in conflict with the flood damage prevent ion provisions in Chapter 62 of the Code of Laws and
Ordinance. This recommendation to amend the LDC was initiated by the FDEM, because FEMA had determined
that it can be problematic for a jurisdiction to have multiple regulatory instruments governing the same subject
matter. As such, t his LDC amendment represents the implementation of the collaborative effort between staff
and the FDEM to further designate Chapter 62 of the Code of Laws and Ordinances as the main repository for
“flood” regulations. In addition to removing duplicat ion, this LDC amendment also proposes to help clarify the
provisions related to mobile homes and recreational vehicles (in LDC section 2.03.09). The proposed text was
recommended by the RCQuinn Consulting, Inc., who is working on behalf of FDEM.
CCPC Recommendation: On January 4, 2024, the CCPC recommended approval of the LDC amendment,
contingent upon relocating the proposed text below into Chapter 62 of the Code of Laws and Ordinances:
“If the repair, reconstruction, or improvement of the streets, utilities, and pads equals or exceeds 50 percent of the
value of the streets, utilities, and pads before the repair, reconstruction, or improvement has commenced, existing
mobile homes shall not be required to comply with the requirements of Chapter 62 of the Code of Laws and
Ordinances unless those homes are substantially improved or substantially damaged.”
FISCAL & OPERATIONAL IMPACTS
There are no anticipated fiscal impacts to the
County, except for the cost of advertising an
ordinance amending the LDC and Code of
Laws and Ordinances.
GMP CONSISTENCY
The proposed LDC amendment has been reviewed by
Comprehensive Planning staff and may be deemed
consistent with the GMP.
EXHIBITS: A) Letter from FDEM
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Amend the LDC as follows:
1
1.08.01 – Abbreviations 2
3
* * * * * * * * * * * * * 4
5
FIHS Florida Interstate Highway System
FIRM Flood Insurance Rate Map
FIS Flood insurance study
FISH Florida Inventory of School Houses
6
* * * * * * * * * * * * * 7
8
1.08.02 – Definitions 9
10
* * * * * * * * * * * * * 11
12
Area of environmental sensitivity: An area where environmental quality may be highly 13
susceptible to degradation and where alteration may cause predictable losses of natural 14
resources. 15
16
Area of special flood hazard: The area/land in the flood plain within a community subject 17
to a one percent or greater chance of flooding in any given year. These areas are designated on 18
the Flood Insurance Rate Map. 19
20
Arterial road or street: A roadway providing service which is relatively continuous and of 21
relatively high traffic volume, long trip length, and high operating speed. In addition, every United 22
States numbered highway is an arterial road. See Figure 1. 23
24
* * * * * * * * * * * * * 25
26
Awning: Temporary canvas or other material covering extending from and attached to the 27
facade of a building, without ground supports. 28
29
Base flood elevation: A flood elevation having a one percent chance of being equaled or 30
exceeded in any given year. 31
32
Beach: The zone of unconsolidated material that extends landward from the mean low 33
water line to the place where there is marked change in material or physiographic form, or to the 34
line of permanent vegetation, usually the effective limit of storm waves. 35
36
* * * * * * * * * * * * * 37
38
Bonus credit: A unit representing the right to increase the density or intensity of 39
development within a Rural Village to an extent equal to that achieved through TDR Credits, up 40
to the minimum required density. [sec. 2.03.08 A.2.b.(3)(b)] 41
42
Breakaway wall: A wall that is not part of the structural support of the building and is 43
intended through its design and construction to collapse under specific lateral loading forces 44
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without causing damage to the elevated portion of the building or the su pporting foundations 1
system. 2
3
Buffer (also, landscape buffer): Land or a combination of land and vegetation for the 4
separation of 1 use from another and the alleviation of adverse effects of 1 use to another. 5
6
* * * * * * * * * * * * * 7
8
Cluster development: A design technique allowed within residential zoning districts or 9
where residential development is an allowable use. This form of development employs a more 10
compact arrangement of dwelling units by allowing for, or requiring as the case may be, reducti ons 11
in the standard or typical lot size and yard requirements of the applicable zoning district, in order 12
to: increase common open space; reduce the overall development area; reduce alterations and 13
impacts to natural resources on the site; to preserve additional native vegetation and habitat 14
areas; and, to reduce the cost of providing services, including but not limited to central sewer and 15
water. 16
17
Coastal high hazard areas: The evacuation zone for a Category 1 hurricane as may be 18
established in the regional hurricane evacuation study applicable to the local government. For 19
floodplain management purposes, the term is defined in Chapter 62 of the Collier County Code 20
of Laws and Ordinances. 21
22
Coastal zone: Refers to all land and territorial waters west of SLOSH zone 1 line 23
(approximately U.S. 41, for most of the county), including water and submerged lands of oceanic 24
water bodies or estuarine water bodies; shorelines adjacent to oceanic waters or estuaries; 25
coastal barriers; living marine resources; marine wetlands; water-dependent facilities or water-26
related facilities on oceanic or estuarine waters; or public access facilities to oceanic beaches or 27
estuarine shorelines; and all lands adjacent to such occurrences where development activities 28
would impact the integrity or quality of the above. 29
30
* * * * * * * * * * * * * 31
32
Fire station services, ancillary: Fire protection activities imperative to carry out the 33
purposes of a government establishment primarily engaged in firefighting, such as fire training 34
camps, but which is not required to be located at a fire station for that fire station to serve its 35
function. However, services designed to repair any firefighting equipment is not an ancillary fire 36
station service. 37
38
Flood: A general and temporary condition of partial or complete inundation of normally dry 39
land area from the overflow of inland or tidal waters or the unusual and rapid accumulation or 40
runoff of surface waters from any source. 41
42
Flood elevation determination: A determination by the County Manager or designee of the 43
water surface elevations of the base flood, that is, the flood level that has a one percent or greater 44
chance of occurrence in any given year. 45
46
Flood insurance rate map (FIRM): An official map of Collier County, Florida, on which the 47
County Manager or designee has delineated both the special hazard areas and the risk premium 48
zone applicable to the community. 49
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1
Flood insurance study (FIS): The official report provided in which the Federal Emergency 2
Management Agency (FEMA) has provided flood profiles, as well as the Flood Insurance Rate 3
Maps and the water surface elevation of the base flood. 4
5
Flood plain: Area inundated during a 100-year flood event or identified by the National 6
Flood Insurance Program as a special flood hazard area an A Zone or V Zone on Flood Insurance 7
Rate Maps or Flood Hazard Boundary Maps. 8
9
Flood prone area: Any land area susceptible to being inundated by water from any source 10
(see definition of "flood"). 11
12
Floodway: The channel of a river or other watercourse and the adjacent land areas that 13
must be reserved in order to discharge the base flood without cumulatively increasing the water 14
surface elevation more than one foot. 15
16
Floor area: The sum of the gross horizontal areas of the several floors of a building 17
measured from the exterior faces of the exterior walls or from the centerline of common walls 18
separating 2 buildings, excluding attic areas with a headroom of less than 7 feet, enclosed or 19
unenclosed stairs or fire escapes, elevator structures, cooling towers, areas devoted to air 20
conditioning, ventilating or heating or other building machinery and equipment, parking structures, 21
and crawl space where the ceiling is not more than an average of 48 inches above the g eneral 22
finished grade level of the adjacent portion of the lot, except as may be otherwise indicated in 23
relation to particular districts and uses. 24
25
* * * * * * * * * * * * * 26
27
Subdivision: The division of land, whether improved or unimproved, into 3 or more 28
contiguous lots, parcels, tracts, tiers, blocks, sites, units, or any other division of land any of which 29
do not equal or exceed 10 acres, for the purpose, whether immediate or future, of transfer of 30
ownership or development; or any division of land if the extension of an existing street or the 31
establishment of a new street is involved to provide access to the land. The term includes 32
resubdivision, the division of land into 3 or more horizontal condominium parcels or horizontal 33
cooperative parcels, and the division or development of residential or nonresidential zoned land, 34
whether by deed, metes and bounds description, devise, intestacy, map, plat, horizontal 35
condominium parcels, horizontal cooperative parcels, or other recorded instrument, and, when 36
appropriate to the context, means the process of subdividing or to the lands or areas subdivided. 37
38
Substantial damage: Damage of any origin sustained by a structure whereby the cos t of 39
restoring the structure to its before damaged condition would equal or exceed 50 percent of the 40
market value of the structure before the damage occurred. 41
42
Substantial improvement: Any reconstruction, rehabilitation, addition, or other 43
improvement of a structure, the cost of which equals or exceeds 50 percent of the market value 44
of the structure before the start of construction of the improvement, this term includes structures 45
which have incurred "substantial damage", regardless of the actual repair wor k performed. The 46
term does not, however, include any project for improvement of a structure to correct existing 47
violations of state or local health, sanitary, or safety code specifications which have been identified 48
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by the local code enforcement official and which are the minimum necessary to assure safe living 1
conditions; or any alteration of a historic structure. 2
3
Take or Taking: A parcel of land or a lot or portion thereof, or parcels or lots in combination 4
or a portion thereof, that Collier County (or other governmental agency with eminent domain 5
powers), or a private party or parties under agreement with Collier County or other government 6
entity, has acquired or proposes to acquire for public use, whether by fee simple title or by 7
easement, regardless of whether that acquisition occurs through dedication, condemnation, 8
purchase, gift, or some similar manner. 9
10
* * * * * * * * * * * * * 11
# # # # # # # # # # # # # 12
13
2.03.03 – Commercial Zoning Districts 14
15
* * * * * * * * * * * * * 16
17
F. Travel Trailer-Recreational Vehicle Campground District (TTRVC). 18
19
* * * * * * * * * * * * * 20
21
2. The following uses are permissible by right, or as accessory or conditional uses 22
within the travel trailer-recreational vehicle campground district (TTRVC). 23
24
* * * * * * * * * * * * * 25
26
c. Conditional uses. The following uses are permissible as conditional uses 27
in the travel trailer recreational vehicle campground district (TTRVC), 28
subject to the standards and procedures established in LDC section 29
10.08.00: 30
31
1. Camping cabins subject to the following standards: 32
33
* * * * * * * * * * * * * 34
35
x. If camping cabins are to be located in a flood hazard zone 36
as delineated on the most recent flood insurance rate maps, 37
all requirements of Chapter 62 of the Code of Laws and 38
Ordinances and Florida Building Code Section 3.02.00 of 39
this LDC must be met. 40
41
* * * * * * * * * * * * * 42
43
3. Plan approval requirements. Layout plans for a TTRVC park shall be submitted to 44
the County Manager or designee and construction shall be in accordance with 45
approved plans and specifications and further subject to the provisions of site 46
development plans in section 10.02.03. Such plans shall meet the requirements of 47
this district and shall show, at a minimum, those items identified herein. 48
49
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* * * * * * * * * * * * * 1
2
10. Flood program requirements. All travel trailers, park model travel trailers, 3
recreational vehicles and accessory structures shall comply with the current Collier 4
County Flood Damage Prevention Ordinance [Code ch. 62, art. II] if permanently 5
attached to the ground or utility facilities. 6
7
* * * * * * * * * * * * * 8
# # # # # # # # # # # # # 9
10
3.02.00 – FLOODPLAIN PROTECTION 11
12
3.02.01 – Reserved Findings of Fact 13
14
A. The flood hazard areas of the County are subject to periodic inundation, which could result 15
in loss of life, property damage, health, and safety hazards, disruption of commerce and 16
governmental services, extraordinary public expenditures for flood protection and relief, 17
and impairment of the tax base, all of which could adversely affect the public h ealth, safety, 18
and general welfare. 19
20
B. These flood losses are caused by the cumulative effect of obstructions in flood plains 21
causing increases in flood heights and velocities, and by the occupancy in flood hazard 22
areas by structures vulnerable to floods or hazardous to the lands which are inadequately 23
elevated, floodproofed, or otherwise inadequately protected from flood damages. 24
25
3.02.02 – Reserved Purpose 26
27
It is the purpose of this section to promote the public health, safety, and general welfare, 28
and to minimize public and private losses due to flood conditions in specific areas by provisions 29
designed: 30
31
A. To protect human life and health; 32
33
B. To minimize expenditure of public money for costly and environmentally unsound flood 34
control projects; 35
36
C. To minimize the need for rescue and relief efforts associated with flooding and generally 37
undertaken at the expense of the general public; 38
39
D. To minimize prolonged business interruptions; 40
41
E. To minimize damage to public facilities and utilities, such as water and gas mains, electric, 42
telephone and sewer lines, streets, and bridges located in areas of special flood hazard; 43
44
F. To help maintain a stable tax base by providing for the sound use an d development of 45
flood prone areas in such a manner as to minimize future flood blight areas; 46
47
G. To ensure, to the greatest degree possible, that potential home buyers are notified that 48
property is in an area of special flood hazard; and 49
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1
H. To ensure that those who occupy the areas of special flood hazard assume responsibilities 2
for their actions. 3
4
3.02.03 – Reserved Applicability 5
6
This section shall apply to all areas of special flood hazard in the unincorporated area of the 7
County, and identified by the Federal Insurance Administration in its flood insurance rate map 8
(FIRM), dated November 17, 2005, and any revisions thereto. 9
10
(Ord. No. 08-08, § 3.D) 11
12
3.02.04 – Reserved Exemptions 13
14
Mobile homes to be placed in an existing mobile home park shall be exempt from the 15
requirements of this section, provided such mobile home park is not expanded or undergoes 16
substantial improvement as defined herein. 17
18
3.02.05 – Reserved Basis for Establishing the Areas of Special Flood Hazard 19
20
The areas of special flood hazard, are identified by the Federal Insurance Administration, in a 21
scientific and engineering report entitled "The flood insurance study" for the County's 22
unincorporated area, dated June 3, 1986, with accompanying FIRM, dated Novem ber 17, 2005, 23
The flood insurance study and accompanying FIRM shall be on file and be open for public 24
inspection in the office of the Clerk to the BCC located in Building "F", Collier County Courthouse, 25
3301 Tamiami Trail, East, Naples, Florida 34112. 26
27
(Ord. No. 08-08, § 3.E) 28
29
3.02.06 – Reserved General Standards for Flood Hazard Reduction 30
31
In all areas of special flood hazards, the following provisions are required: 32
33
A. All new construction and substantial improvements shall be anchored to prevent flotation, 34
collapse, or lateral movement of the structure. 35
36
B. New construction and substantial improvements in the A Zones may be built on 37
unconstrained, but compacted, fill, if in compliance with the Collier County Building Code 38
Ordinance. No significant water is permitted to flow from the subject premises onto 39
abutting properties or into adjoining waters which are not County -approved drainage 40
system(s). 41
42
C. Residential Construction - new construction or substantial improvement of any residenti al 43
structure shall have the lowest floor elevated to or above the base flood elevation. 44
45
D. Non-residential Construction - new construction and substantial improvements of non-46
residential structures shall have the lowest floor (including basement) elevated to or above 47
the base flood level or, together with the attendant utility and sanitary facil ities, be 48
designed so that, below the base flood level, the structure is essentially waterproofed with 49
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walls substantially impermeable to the passage of water and with structural components 1
having the capability of resisting hydrostatic and hydrodynamic loads and effects of 2
buoyancy. Floodproofing is prohibited in the velocity (V) zones. The property owners shall 3
provide a certification by a registered professional engineer or registered professional 4
architect that the design standards of this section are s atisfied. 5
6
E. All new construction and substantial improvements shall be constructed with electrical, 7
heating, ventilation, plumbing, air conditioning equipment, and other service facilities that 8
are designed and/or located so as to prevent water from entering or accumulating within 9
the components during conditions of flooding. 10
11
F. All new construction or substantial improvements shall be constructed by methods and 12
practices that will minimize flood damage. 13
14
G. Openings - all new construction and substantial improvements with fully enclosed areas 15
below the lowest floor that are subject to flooding shall be designed to automatically 16
equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of 17
floodwaters. Designs for meeting this requirement must either be certified by a registered 18
professional engineer or architect, or meet or exceed the following minimum criteria: a 19
minimum of two (2) openings having a total net area of not less than one (1) square inch 20
for every square foot of enclosed area subject to flooding shall be provided. The bottom 21
of all openings shall be no higher than one (1) foot above the level of the floor they are to 22
service. Openings may be equipped with screens, louvers, valves, or other coverings or 23
devices, provided that they permit the automatic entry and exit of floodwaters. 24
25
H. All new and replacement water supply systems shall be designed to minimize or eliminate 26
infiltration of flood waters into the system. 27
28
I. New and replacement sanitary sewage systems shall be designed to minimize or eliminate 29
inflow of flood waters into the systems and discharges from the systems into flood waters. 30
31
J. On-site waste disposal systems (including septic tanks) shall be designed and/or located 32
to minimize or eliminate impairment to, or contamination from, them during flooding. 33
34
K. Emergency generators for standpipe systems, in accordance with the requirements of the 35
Collier County Building Code or other applicable County Ordinances, must be located 36
above the base flood elevation level, and all fuel tanks for said generators must be 37
waterproofed and vented above the base flood elevation level . 38
39
L. Electrical transformer and/or switching vaults, pad-mounted transformers, pad-mounted 40
switches, and related facilities shall be permitted as independent units below the minimum 41
flood elevation level. Such structures may be located within or outside a building, and are 42
not required to be waterproofed or constructed with breakaway walls, provided registered 43
professional engineer or registered professional architect certifies that they will not 44
adversely affect the structural integrity of the building in which they are located or any part 45
thereof. 46
47
M. All meter enclosures for self-contained electric kilowatt-hour meters serving buildings shall 48
be located above the base flood elevation. If complying with this regulation results in a 49
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vertical distance from finished grade to the center of the meter or meters of more than six 1
(6) feet, the meter enclosure shall be located on the outside o f an exterior wall with an 2
unobstructed and ready access from an open exterior stairway. When it is necessary to 3
use a stairway for access to a meter, the vertical distance from the tread of the stairway 4
to the center of the meter shall be four (4) to six (6) feet. The meter shall be placed in a 5
position that will not obstruct stairway traffic. On multi -unit buildings, meters and meter 6
Enclosures will be allowed within the building, provided they are above the base flood 7
elevation and located in meter rooms. 8
9
3.02.07 – Reserved Specific Standards for Construction Within Coastal High Hazard Areas 10
11
A. Coastal high hazard areas within the areas of special flood hazard have special flood 12
hazards associated with high velocity waters from tidal surge and hurricane wave wash. 13
Therefore, the following provisions shall apply: 14
15
1. All new construction and substantial improvements in the coastal high hazard area 16
shall be elevated on pilings and columns so that the bottom of the lowest horizontal 17
structural member of the lowest floor (excluding the pilings or columns) is elevated 18
to or above the base flood level; and the pile or column foundation and structure 19
attached thereto is anchored to resist flotation, collapse, and lateral movement due 20
to the effects of wind and water loads acting simultaneously on all building 21
components. Wind and water loading values shall each have a one (1) percent 22
chance of being equaled or exceeded in any given year (100 -year mean 23
recurrence interval). A registered professional engineer or architect shall develop 24
or review the structural design, specifications, and plans for the construction, and 25
shall certify that the design and methods of construction to be used are in 26
accordance with accepted standards of practice for meeting the provisions this 27
paragraph. 28
29
2. All new construction and substantial improvements within the coastal high hazard 30
area shall have the space below the lowest floor either free of obstruction or 31
constructed with non-supporting breakaway walls, open wood lattice-work, or 32
insect screening intended to collapse under wind and water loads without causing 33
collapse, displacement, or other structural damage to the elevated portion of the 34
building or supporting foundation system. For the purposes of this section, a 35
breakaway wall shall have a design safe loading resistance of not less than ten 36
(10) and no more than twenty (20), pounds per square foot. Use of breakaway 37
walls which exceed a design safe loading resistance of twenty (20) pounds per 38
square foot (either by design or when so required by local or State Codes) may be 39
permitted only if a registered professional engineer or architect certifies that the 40
design proposed meets the following conditions: 41
42
a. Breakaway wall collapse shall result from a water load less than that which 43
could occur during the base flood; and 44
45
b. The elevated portion of the building and supporting foundation system shall 46
not be subject to collapse, displacement, or other structural damage due to 47
the effects of wind on building components (structural and non-structural). 48
Maximum wind and water loading values to be used in this determination 49
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shall each have one (1) percent chance of being equaled or exceeded in 1
any given year (100-year mean recurrence interval). Such enclosed space 2
shall be usable solely for parking of vehicles, building access, or storage. 3
4
3. All swimming pools within the coastal high hazard area shall be anchored to a pile 5
or column foundation to resist flotation, collapse, and lateral movement due to the 6
effects of wind and water loads acting simultaneously on the pool. Exception: 7
above-ground pools, for the private use of one - or two-family dwellings that are 8
constructed with a vinyl liner as the main component. 9
10
4. It is prohibited to use fill for structural support of buildings within the coastal high 11
hazard area. It is prohibited to alter sand dunes and mangrove stands, within the 12
coastal high hazard area, if the County Manager or designee determines that such 13
alteration would increase potential flood damage. 14
15
3.02.08 – Reserved Regulations Within the Floodways 16
17
A. When floodways are designated within areas of special flood hazard, additional criteria 18
shall be met. Since the floodway is an extremely hazardous area due to the velocity of 19
flood waters, which carry debris, potential projectiles, and erosion potential, the following 20
provision shall apply: 21
22
1. Encroachments, including fill, new construction, substantial improvements and 23
other developments, are prohibited, unless the property owner provides a 24
certification by a professional registered engineer demonstrating that such 25
encroachments shall not result in a significant increase in flood levels during 26
occurrence of the base flood discharge. 27
28
3.02.09 - Regulations for Mobile Homes and Recreational Vehicles 29
30
A. No mobile home shall be placed in the coastal high hazard area, as depicted on the 31
county-wide Future Land Use Map, or in a floodway, except in an existing mobile home 32
park or existing mobile home subdivision, or land already zoned to allow mobile home 33
development. 34
35
B. All mobile homes placed, or substantially improved, on individual lots or parcels, in 36
expansions to existing mobile home parks or subdivisions, must meet all the requirements 37
for new construction, including elevation and anchoring. 38
39
BC. All mobile homes to be placed, or substantially improved, in an existing mobile home park 40
or subdivision must be elevated on a permanent foundation such that the lowest floor of 41
the mobile home complies with the minimum requirements of Chapter 62 of the Code of 42
Laws and Ordinances. is at or above the base flood elevation, and securely anchored to 43
an adequately anchored foundation system in accordance with the provisions of this LDC . 44
This paragraph applies to: 45
46
1. Mobile homes to be placed, or substantially improved, in an existing mobile home 47
park or subdivision. 48
49
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2. Mobile homes to be placed, or substantially improved, in an existing mobile home 1
park or subdivision, except where the repair, reconstruction, or improvement of the 2
streets, utilities, and pads equals or exceeds 50 percent of the value of the streets, 3
utilities, and pads before the repair, reconstruction, or improvement has 4
commenced. Existing mobile homes that are substantially improved will require 5
reinforced piers or other foundation elements that are no less than 36 inches in 6
height above grade, or have their lowest floor at or above the base flood elevation, 7
if this allows for use of a lower foundation. 8
9
3. Mobile homes in existing mobile home parks or subdivision s shall be elevated 36 10
inches above finished grade on reinforced piers when the repair, reconstruction, 11
or improvement of the streets, utilities, and pads equals or exceeds 50 percent of 12
the value of the streets, utilities, and pads before the repair, reco nstruction, or 13
improvement has commenced. 14
15
CD. Evacuation plans shall be included in applications for new manufactured home parks and 16
subdivisions, and for expansions to manufactured home parks and subdivisions, in flood 17
hazard areas. The County Manager or designee shall review and approve such 18
evacuation plans. All mobile home parks or subdivisions must develop, and have 19
approved by the County Manager or designee, a plan for evacuating the residents of 20
existing mobile home parks or subdivisions. 21
22
E. All recreational vehicles placed on sites within Zones Al -30, AH, and AE on the 23
community's FIRM shall either: 24
25
1. Be on the site for fewer than 180 consecutive days; 26
27
2. Be fully licensed and ready for highway use; or 28
29
3. Meet the permit requirements of this section, and the elevation and anchoring 30
requirements for "mobile homes" in accordance with this section. 31
32
F. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is 33
attached to the site only by quick disconnect type utilities and security devices, and has 34
no permanently attached additions. 35
36
3.02.10 – Reserved Standards for Subdivision Plats 37
38
A. All subdivision plats shall be consistent with the need to minimize flood damage. 39
40
B. All subdivision plats shall have public utilities and facilities, such as sewer, gas, electrical, 41
and water systems, located and constructed to minimize flood damage. 42
43
C. All subdivision plats shall have adequate drainage provided to reduce exposure to flood 44
hazards. 45
46
D. Base flood elevation data shall be shown on the Master Subdivision Plan. 47
48
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E. All final plats presented for approval shall clearly indicate the finished elevation of the 1
roads and the average finished elevation of the lots or homesite. All grades must be shown 2
in NAVD. 3
4
* * * * * * * * * * * * * 5
# # # # # # # # # # # # # 6
7
3.04.02 - Species Specific Requirements 8
9
B. Sea Turtle Protection. 10
11
* * * * * * * * * * * * * 12
13
5. It shall be unlawful, during the nesting season, to construct any structure, add any 14
fill, mechanically clean any beach, or grade any dirt within 100 feet of the nesting 15
zone of a beach where sea turtles nest or may nest, without obtaining a 16
construction in sea turtle nesting area permit from the County Manager or 17
designee. 18
19
* * * * * * * * * * * * * 20
21
e. Minor structures, as defined by Florida Statutes Subsection 161.055, of the 22
Coastal Zone Protection Act of 1985, shall be approved, provided that they 23
also comply with: 24
25
i. Chapter 62 of the Collier County Code of Laws and Ordinances. 26
Federal requirements for elevations above the 100-year flood level, 27
28
ii. Florida Building Code Collier County Building Code requirements 29
for flood proofing, 30
31
iii. Current building and life safety codes, 32
33
iii.iv. Collier County and State of Florida Department of Environmental 34
Protection CCSL/CCCL regulations, 35
36
iv. Applicable disability access regulations of the American Disability 37
Act (ADA), and 38
39
vi. Any required Collier County zoning and other development 40
regulations with the exception of existing density or intensity 41
requirements established, unless compliance with such zoning or 42
other development regulations would preclude reconstruction 43
otherwise intended by the Build back Policy as determined by the 44
Emergency Review Board established herein. 45
46
* * * * * * * * * * * * * 47
# # # # # # # # # # # # # 48
49
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3.05.07 – Preservation Standards 1
2
* * * * * * * * * * * * * 3
4
H. Preserve standards. 5
6
1. Design standards. 7
8
* * * * * * * * * * * * * 9
10
e. Created preserves. Although the primary intent of GMP CCME Policy 6.1.1 11
is to retain and protect existing native vegetation, there are situations where 12
the application of the retention requirements of this Policy is not possible. 13
In these cases, creation or restoration of vegetation to satisfy all or a portion 14
of the native vegetation retention requirements may be allowed. In keeping 15
with the intent of this policy, the preservation of native vegetation off site is 16
preferable over creation of preserves. Created Preserves shall be allowed 17
for parcels that cannot reasonably accommodate both the required on -site 18
preserve area and the proposed activity. 19
20
i. Applicability. Criteria for determining when a parcel cannot 21
reasonably accommodate both the required on-site preserve area 22
and the proposed activity include: 23
24
* * * * * * * * * * * * * 25
26
(b) Where the existing vegetation required by this policy is 27
located where proposed site improvements are to be 28
located and such improvements cannot be relocated as to 29
protect the existing native vegetation; 30
31
(c) To provide for flood plain compensation as required by the 32
LDC section 3.07.02. 33
* * * * * * * * * * * * * 34
# # # # # # # # # # # # # 35
36
3.07.02 – Interim Watershed Regulations 37
38
* * * * * * * * * * * * * 39
40
C. Floodplain storage compensation calculation shall be provided on a case by case basis, 41
based upon historical flooding and drainage problem area information, as determined by 42
staff, for developments within flood hazard areas established in Chapter 62 of the Collier 43
County Code of Laws and Ordinances the designated flood zones "A", "AE", and "VE" as 44
depicted on the Flood Insurance Rate Maps published by the Federal Emergency 45
Management Agency with an effective date of November 17, 2005. Floodplain storage 46
compensation calculations shall be provided on a case by case basis, based upon 47
historical flooding and drainage problem area information, as determined by staff, for 48
areas known to be periodically inundated by intense rainfall or sheetflow conditions. 49
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1
* * * * * * * * * * * * * 2
# # # # # # # # # # # # # 3
4
4.01.01 - Elevation Requirements for All Developments 5
6
The elevation of all building sites and public or private roadways included within a 7
subdivision or development for which a use other than conservation or recreation is proposed 8
shall be not less than such minimum elevations as adopted by the BCC, Florida Building Code, 9
Chapter 62 of the Code of Laws and Ordinances, FEMA/FIRM, or South Florida Water 10
Management District (SFWMD) criteria. All lawful regulations with reference to bulkhead lines, 11
saltwater barrier lines, and other appropriate regulations regarding land filling, conservation, 12
excavations, demolition, and related regulations shall be observed during the construction of any 13
improvements within Collier County. 14
15
# # # # # # # # # # # # # 16
17
4.02.11 - Design Standards for Hurricane Shelters Within Mobile Home Rental Parks 18
19
* * * * * * * * * * * * * 20
21
C. The design and construction of the required shelters shall be guided by the wind loads 22
applied to buildings and structures designated as "essential facilities" in the Florida 23
Building Code Standard Building Code/1988 edition, table 1205. 24
25
* * * * * * * * * * * * * 26
# # # # # # # # # # # # # 27
28
4.02.14 - Design Standards for Development in the ST and ACSC -ST Districts 29
30
* * * * * * * * * * * * * 31
32
C. Site alteration within the ACSC-ST. 33
34
* * * * * * * * * * * * * 35
36
11. Structure installation. 37
38
a. Placement of structures shall be accomplished in a manner that will not 39
adversely affect surface water flow or tidal action. 40
41
b. Minimum lowest floor elevation permitted for structures shall be at or above 42
the elevation required by the Florida Building Code 100-year flood level, as 43
established by the administrator of the federal flood Insurance 44
Administration. The construction of any structure in a flood hazard area 45
shall meet additional requirements of Chapter 62 of the Code of Laws and 46
Ordinances federal flood insurance land management and use criteria. 47
48
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c. This rule shall not apply to structures used or intended for use in connection 1
with the agricultural use of the land except as provided in Chapter 62 of the 2
Code of Laws and Ordinances. 3
4
* * * * * * * * * * * * * 5
# # # # # # # # # # # # # 6
7
4.02.16 - Design Standards for Development in the Bayshore Gateway Triangle Community 8
Redevelopment Area 9
10
* * * * * * * * * * * * * 11
12
C. Additional Standards for Specific Uses. Certain uses may be established, constructed, 13
continued, and/or expanded provided they meet certain mitigating standards specific to 14
their design and/or operation. These conditions ensure compatibility between land uses 15
and building types and minimize adverse impacts to surrounding properties. 16
17
* * * * * * * * * * * * * 18
19
2. Accessory Uses to Residential Structures. An accessory structure located on the 20
property and related to the primary residence (single-family detached only) for 21
uses which include, but are not limited to: library, studio, workshop, playroom, 22
screen enclosure, detached garage, swimming pool or guesthouse. 23
24
* * * * * * * * * * * * * 25
26
d. The guesthouse must be of new construction and must meet the 27
requirements of the Florida Building Code National Flood Insurance 28
Program (NFIP) first habitable floor elevation requirements . The 29
guesthouse may be above a garage or may be connected to the primary 30
residence by an enclosed breezeway or corridor not to exceed 8 feet in 31
width. 32
33
* * * * * * * * * * * * * 34
35
D. Building Types and Architectural Standards 36
37
* * * * * * * * * * * * * 38
39
4. Building Type: HOUSE. 40
41
* * * * * * * * * * * * * 42
43
c. Façade Requirements: 44
45
i. A maximum of two feet of fill shall be allowed on site s in flood 46
hazard areas to meet the elevation requirements of the Florida 47
Building Code towards meeting National Flood Insurance Program 48
(NFIP) requirements. Additional NFIP finished habitable lowest 49
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floor height requirements shall be accomplished through stem wall 1
construction. Stem walls shall be finished in material and color 2
complimentary to the principal structure. 3
4
ii. Open stilt-type construction is not permitted. On front yards, the 5
foundation area below the first floor must be treated with a solid 6
façade or lattice, which is consistent with the architectural style of 7
the building and the floodplain protection standards of the Florida 8
Building Code and Chapter 62 of the Code of Laws and Ordinances 9
section 3.02.00. 10
11
* * * * * * * * * * * * * 12
# # # # # # # # # # # # # 13
14
9.04.05 – Reserved. Specific Requirements for Variances to Flood Hazard Protection 15
Requirements 16
17
A. General requirements. 18
19
1. Variances shall only be issued upon a determination that the variance is the 20
minimum necessary, considering the flood hazard, to afford relief. 21
22
2. Variances shall only be issued upon: 23
24
a. A showing of good and sufficient cause. 25
26
b. A determination that failure to grant the variance would result in exceptional 27
hardship to the applicant. 28
29
c. A determination that the granting of a variance will not result in increased 30
flood heights, additional threats to public safety, extraordinary publi c 31
expense, create nuisances, cause fraud on or victimization of the public, or 32
conflict with existing local laws or ordinances. 33
34
3. In passing upon a variance, the Board of Zoning Appeals shall consider all 35
technical evaluations, all relevant factors, standards specified in other sections of 36
the LDC; and the following criteria: 37
38
a. The danger that materials may be swept onto other lands to the injury of 39
others; 40
41
b. The danger to life and property due to flooding or erosion damage; 42
43
c. The susceptibility of the proposed facility and its contents to flood damage 44
and the effect of such damage on the individual owner; 45
46
d. The importance of the services provided by the proposed facility to the 47
community; 48
49
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e. The necessity to the facility of a waterfront location, where applicable; 1
2
f. The availability of alternative locations, not subject to flooding or erosion 3
damage, for the proposed use; 4
5
g. The compatibility of the proposed use with existing and anticipated 6
development. 7
8
h. The relationship of the proposed use to the GMP and flood plain 9
management program for the area; 10
11
i. The safety of access to the property in times of flood for ordinary and 12
emergency vehicles; 13
14
j. The expected heights, velocity, duration, rate of rise, and sediment 15
transport of the flood waters and the effects of wave action, if applicable, 16
expected at the site; 17
18
k. The costs of providing governmental services during and after flood 19
conditions, including maintenance and repair of public utilities and facilities 20
such as sewer, gas, electrical, water systems, streets, and bridges, and; 21
22
l. Variances shall not be issued within any designated floodway if any 23
increase in flood levels during the base flood discharge would result. 24
25
m. Variances may be issued by a community for new construction and 26
substantial improvements and for other development necessary for the 27
conduct of a functionally dependent use provided that the criteria of (a) 28
through (l) of this section are met. 29
30
n. Generally, variances may be issued for new construction and substantial 31
improvements to be erected on a lot of one -half (½) acre or less in size 32
contiguous to and surrounded by lots with existing structures constructed 33
below the base flood level, providing items (a) through (l) have been fully 34
considered. 35
36
# # # # # # # # # # # # # 37
38
10.04.04 - Applications Subject to Type III Review 39
40
The following applications are subject to Type III review: Variances; Administrative Appeals; 41
Certificates of Appropriateness; conditional uses; nonconforming Use Amendments; Vested 42
Rights; flood Variances; Parking Agreements. 43
44
* * * * * * * * * * * * * 45
# # # # # # # # # # # # # 46
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