Backup Documents 03/26/2024 Item #17E 41 7E
Jennifer Hansen
From: Ailyn Padron <Ailyn.Padron@colliercountyfl.gov>
Sent: Monday, January 29, 2024 10:03 AM
To: Minutes and Records
Cr Marissa Fewell;JohnsonEric; RodriguezWanda; BradleyNancy;GMDZoningDivisionAds
Subject: 2/27/24 BCC- Ad Request for Flood Damage Prevention Updates (LDCA) &2022
Scrivener's Errors and Cross-References (LDCA) (PL20230014143 &PL20220005067)
Attachments: Ad Request- signed.pdf;Ad Request.docx; 2x3 Collier County map.pdf;Ordinance LDC
Flood-Scriver 1-18-23.pdf
Good morning, M&R,
Attached is the Ad Request for PL20230014143& PL20220005067 for the February 27, 2024, BCC hearing that needs to
run on February 7.
Please let me know if you have any questions.Thank you!
Respectfully,
Ailyn Padron
Management Analyst I
COI Per County
Growth Management
Community Development Department
2800 North Horseshoe Dr.
Naples Florida 34104
Phone:239-252-2400
Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a
public records request, do not send electronic mail to this entity Instead, contact this office by telephone or in writing.
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COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
To:Clerk to the Board: Please place the following as a:
x Normal legal Advertisement Other:
(Display Ad: The advertisement must be a '.page advertisement,and the advertisement MUST NOT BE placed in that
portion of the newspaper where classified advertisements appear.
Originating Dept/Div: GMD/Zoning Person: Eric Johnson, Planning Manager&Marissa Fewell, Planner III
Date:January 24,2024
Petition No.(If none,give a brief description).PL20230014143&PL20220005067
Petitioner:(Name&Address)•
Planning&Zoning-Eric Johnson&Marissa Fewell
2800 North Horseshoe Drive
Naples,FL 34104
Name&Address of any person(s)to be notified by the Clerk's office:
(if more space is needed,attach separate sheet)
Hearing before: X BCC BZA Other
Requested Hearing date Collier County Board of County Commissioners(BCC)at 9:00 A.M.,February 27,2024
(Based on advertisement appearing 20 days before hearing.)
Newspaper(s)to be used:(Complete only if important):
xxx Naples Daily News Account#323534 Other Legally Required
Purchase Order No.4500226652
Proposed text:(include legal description&common locations&size): Legal Section Non-Legal Section
Companion petition(s),if any&proposed hearing date.
Does Petition Fee include advertising cost? x Yes No. If yes.what account should be charged for advertising costs:
131-138326-649100-00000
Reviewed By.
Date: //Z,6/ZO?�'
Division Ad is rator or Designee
List Attachments:
DISTRIBUTION INSTRUCTIONS
For hearings before BCC or BZA. Initiating person to complete one copy and obtain Division Head approval before
submitting to the County Manager.Note:if legal documents are involved,be sure that any necessary legal review,or request
for same,is submitted to the County Attorney before submitting to the County Manager.The County Manager's office will
distribute copies:
County Manager agenda file:to Requesting Division Original
B. Other hearings:initiating Division head to approve and submit original to Clerk's Office,retaining a copy file.
FOR CLERK'S OF
Date Received ' t r2 4 Date of Public Hearing c.3Io ,7-`4 Date Advertised ) 1 1
NOTICE OF PUBLIC HEARING
NOTICE OF INTENT TO CONSIDER AN ORDINANCE
Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners
(BCC)at 9:00 A.M.on February 27,2024,in the Board of County Commissioners meeting room,third floor,Collier
Government Center,3299 East Tamiami Trail,Naples FL to consider:
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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 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
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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]
(insert map)
A copy of the proposed Ordinance is on file with the Clerk to the Board and is available for inspection. All interested
parties are invited to attend and be heard.
AU persons wishing to speak on any agenda item must register with the County Manager prior to presentation of the
agenda item to be addressed.Individual speakers will be limited to three(3)minutes on any item.The selection of any
individual to speak on behalf of an organization or group is encouraged.If recognized by the Chairman,a spokesperson
for a group or organization may be allotted ten (10) minutes to speak on an item. Written materials intended to be
considered by the Board shall be submitted to the appropriate County staff a minimum of seven(7)days prior to the
public hearing. All materials used in presentations before the Board will become a permanent part of the record.
As part of an ongoing initiative to encourage public involvement,the public will have the opportunity to provide public
comments remotely, as well as in person,during this proceeding. Individuals who would like to participate remotely
should register through the link provided within the specific event/meeting entry on the Calendar of Events on the
County website at www.colliercountyfi.gov/our-county/visitors/calendar-of-events after the agenda is posted on the
County website. Registration should be done in advance of the public meeting, or any deadline specified within the
public meeting notice. Individuals who register will receive an email in advance of the public hearing detailing how
they can participate remotely in this meeting. Remote participation is provided as a courtesy and is at the user's risk.
The County is not responsible for technical issues. For additional information about the meeting,please call Geoffrey
Willig at 252-8369 or email to Geoffrey.Willig@colliercountyfl.gov.
Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto
and therefore,may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony
and evidence upon which the appeal is based.
If you are a person with a disability who needs any accommodation in order to participate in this proceeding,you are
entitled,at no cost to you,to the provision of certain assistance.Please contact the Collier County Facilities Management
Division,located at 3335 Tamiami Trail East,Suite 101,Naples,FL 34112-5356,(239)252-8380,at least two(2)days
prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County
Commissioners Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA
CHRIS HALL,
CHAIRMAN
CRYSTAL K. KINZEL,
CLERK OF THE CIRCUIT COURT& COMPTROLLER
By:
Deputy Clerk(SEAL)
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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 etseq.), 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 Gemmercial-Districts Commercial Professional and General Office District
* * * * * *
FIRS Florida Interstate Highway System
P1RM
€�
[FISH Florida Inventory of School Houses _
RN-G
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
•
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Base
* * * * * *
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-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 .
(see definition of"flood").
* * * * * * *
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 imprevemont: Any reconstruction. rehabilitation. addition, or other
* * * * *
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 § '129.102 429.02 F.S. and ch.
59A-36 F.A.C.: and continuing care retirement communities
pursuant to ch. 651 F.S. and ch. 690-193 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 3I4A.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. 690-193 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
Page 9 of 34
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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. 690-193 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 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] i€permanegtly
Page I I of 34
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* * * * * y *
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 lmmokalee 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.
* * * * * *
Page 12 of 34
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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
Page 13 of 34
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USE TYPE ' GTZO SUBDISTRICTS ADDITIONAL
STANDARDS
RESIDENTIAL MIXED USE
a) RESIDENTIAL
* * * * * *
7) Guesthouse A A 5 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 cth the_specific provisions set forth in section 2.01.03 of this
Code.
* * * * * * *
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SUBSECTION 3.1. 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-Fast
A.
and-
•
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 Pose
idesigReel
A. To protect human life and health:
centre!-projects
C. To minimize the Reed for fescue and relief efforts associated with flooding and generally
D. To minimize prolonged business interruptions:
E. To minimize damage to public facilities and utilities, such as water and gas mains, electric,
F. To help maintain a stable tax-base by pray-4ing for the sound ace and development of
•
H.
for their actions.
Page 16 of 34
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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
area of tho
rate-map
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
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
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
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B. the A Zones may be built on
sYst )..
D. Non residential Constr-ustion +4ew construction and substantial improvements of non
the-enti:y-and exit of
J ---
#�.
above the base flood elevation level. and all fuel tanks for said generators must be
Page 18 of 34
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pad- ►ounted
thereof.
to the center of the meter shall be four (4) to six (6) feet. The meter
SUBSECTION 3.0. 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
A. Coastal high hazard areas within the areas of special flood hazard have special flood
shall certify that the design and methods of construction to be used are in
faragr- .
area shall have the space below the lowest floor either free of obstruction or
- sr
Page 19 of 34
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above ground pools, for the private use of one
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
1. Encroachments, including fill, new construction. substantial improvements and
other developments, are prohibited, unless the
encroachments shall not result in a significant increace in flood levels during
Page 20 of 34
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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
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
2.
exceeds 50 percent of the value of the streets,
utilities, and pads before the repair. reconstruction, or improvement has
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
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 J e+ e—parks--or--subci isians---must develop, and -have
E. All recr ational vehicles placed on sites within Zones Al 30, AH, and AE on the
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2--
3--
F. A recreational vehicle+c ready far highway Use if it is 043 4c wheels or jacking system, is
attached to the cite
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
hazards.
E. —
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.
Page 22 of 34
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I
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* * * * * * *
e. Minor structures. as defined by the
Coastal Zone Protection Act of 1985. shall be approved,provided that they
also comply with:
Chapter 62 of the Collier County Code of Laws and Ordinances.
ii. Florida Building Code
far-ffee431-pfeefi-Fig,
iii. Current building and life safety codes.
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
Page 23 of 34
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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
. 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
Page 24 of 34
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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, 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
* * * * * * * * * *
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 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 4-00 year lood-tevel;as
Pate 2;of 4
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DRAFT 1/18/24
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
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
Program (NFIP) first habitable floor elevation requirement&. 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.
Page 26 of 34
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DRAFT 1/18/24
* * * *
c. Facade Requirements:
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
(NFIP) requirements. Additional 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
facade 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
seetion--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 applicants 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 € tie
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
Page 27 of 34
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DRAFT 1/18/24
* * *
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 afld-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.
Page 28 of 34
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DRAFT 1/18/24
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 prime-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
Page 29 of 34
\\'ords s „Ttitli arc deleted,words underlined are added
1 7 E
DRAFT 1/18/24
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
A. General requirements.
1. Variances shall only be
2. Variances shall only be issued upon:
a. A showing of good and sufficient cause.
--
all
a. The danger that materials may be swept onto other lands to the injury of
etfher
Page 30 of 3.4
Words struck througgh are deleted,words underlined are added
1 7 L
DRAFT 1/18/24
�--
community
•
g. The compatibility of the proposed use with existing -and anticipated
h. The relationship of the proposed use to the GMP and flood plain
i. The safety of access to the property in times of flood for ordinary and
expected at the site:
k. The costs of providing governmental services during and after flood
I. Variances shall not be issued within a
m. Variances may be issued by a community for new construction and
--necessary-for-the
•
•
•
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).
Page 31 of 34
Words st +4-41ife-ug#are deleted,words underlined are added
1 7 E
DRAFT 1/18/24
* * * * * *
2. Application and process.
c. Construction plans shall be reviewed and approved pursuant to LDC
section 10.02.04 B.3 and E3.4, 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 sCommission.
3. Board of aZoning 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: : 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:
Page 32 of 34
Words su • et are deleted,words underlined are added
DRAFT 1/18/24
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
Page 33 of 34
Words stc+w-k-t4r-eugh are deleted,words underlined are added
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DRAFT 1/18/24
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 1-18-24
Managing Assistant County Attorney
23-LDS-00288/66
1/18/24
Page 34 of 34
Words str,� z;are deleted,words underlined are added
1iE
Acct #323534
January 29, 2024
Attn: Legals
Naples News Media
1100 Immokalee Road
Naples, FL 34110
Re: Flood Damage Prevention Updates (LDCA) & 2022 Scrivener's Errors and
Cross-References (LDCA) (PL20230014143 & PL20220005067) (W/Display
Map)
Dear Legals:
Please advertise the above on Wednesday, February 7, 2024, and send the Affidavit
of Publication, to this office.
Thank you.
Sincerely,
Jennifer Hansen,
Deputy Clerk
P.O. #4500226652
LocaliQ
Florida PO Box 631244 Cincinnati,OH 45263-1244
GANNETT
PROOF OF PUBLICATION
Jennifer IUansen
PO 4500220085
Bcc Zoning Department
3299 Tamiami TRI.E 4 700
Naples FL 34112-5749
STATE OF WISCONSIN,COUNTY OF BROWN
Before the undersigned authority personally appeared,who
on oath says that he or she is the Legal Advertising
Representative of the Naples Daily News,a newspaper
published in Collier County, Florida;that the attached copy
of advertisement, being a Legal Ad in the matter of Main
Legal CLEGL,was published on the publicly accessible
website of Collier and Lee Counties,Florida, or in a
newspaper by print in the issues of, on:
02/07/2024
Affiant further says that the website or newspaper complies
with all legal requirements for publication in chapter 50,
Florida Statutes.
Subscribed and sworn to before me, by the legal clerk,who
is personally known to me, on 02/07/2024
Legal Clerk
Notary,State of WI,County of Brown /
My commission expires
Publication Cost: $1008.00
Order No: 9791177 k of Copies:
Customer No: 1125551 1
PO 4: P.O.44500226652
THIS is NOT AN INVOICE!
Please do nos use this form for paymeni rennnance
KATHLEEN AL.LEN
Notary Public
State of Wisconsin
Page 1 of 2
IE
NOTICE OF PUBLIC HEARING
NOTICE OF INTENT TO CONSIDER AN ORDINANCE
Notre is hereby aver Mat a pudic heanng will be held by the Collier County Board of County Commissioners(BCC)at 9:00 A.M.rtn February 27,2024
th.Rend rd calmly I nn,m.•mmnr,,m•erwm 'bird flow rase,rrm-nrrnenI rr'nr.n 1"0a r,.a'am,amr had N robs I r In.nor-,dog
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 NIGH HAZARD AREA,TOREMOVE
DUPLICATIVE FL000PLAN PROTECTION REGULATIONS THAT ARE CODIFIED IN THE COLLIER COUNTY COOS OF LAWS AND ORDINANCES OR WITH THE
FLORIDA BUILDING COOS.AND TO UPDATE CITATIONS AND CORRECT SCRIVENER'S ERRORS.By PROVIDING FOR:SECTION ONE,RECITALS;SECTION
TWO.FINDINGS OF FACT.SECTION TNREF,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 1.06.02 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.(e EXEMPTIONS,SECTION 3.02.05 BASIS FOR ESTABLISHING THE AREAS OF
SPECIAL FLOOD HAZARD,SECTION 3.02.06 GENERAL STANDARDS FOR HOOD HAZARD REDUCTION,SECTION 3.02 07 SPECIFIC STANDARDS TOR
CONSTRUCTION WITHIN COASTAL HIGH HAZARD AREAS.SECTION 3020a REGULATIONS WITHIN THE FL00DWAYS,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 SPECFIC
REQUIREMENTS,SECTION 3 05.07 PRESERVATION STANDARDS,AND SECTION 3.0702 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 4.0214 DESIGN STANDARDS FOR OEVELOPMENT
IN THE ST AND ACSC-SE DISTRICTS,SECTION 4.0216 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 505.15 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 10 FL000 HAZARD PROTECTION REQUIREMENTS;CHAPTER
TEN APPLICATION,REVIEW,AND DECISION-MAKING PROCEDURES,INCLUDING SECTION 10.02.04 REQUIREMENTS FOR PRELIMINARY AND FINAL
SUBDIVISION PUTS,SECTION 1002 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 PL202200050671
•
N ` Collier. County
Florida
Hew
1I1111111
1. - --
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_.
am
reran
ss
A Copy of the proposed Ordinance is on lie wrm the Clerk to the Hoard and r'available Iry mshetl,ar All interested parties are waled In attend and be heard.
AN persons melting to speak on any agenda Rem must re9Wer with the County Manager prior to plesentalon of the agenda dem to be addressed.hidivIdal
speakers wit be Mined to Three(31 reanules on any item The selection e0 any individual In speak on behalf of an organization or group is encouraged.R
reLognrzed by the(2raninan,a spokesper.,nn for a group or aoanttahon may be dieted ten(10)minutes to speak on an dem Written materials intended to
be considered by the Board Vial be submitted to the approonate County stall a megrim m of seven(7)days poor 10 the pubic hearing.AI materials used in
presentations before the Board will become a permanent part of the record
AI part of an ongoing Inihabve to encourage public involvement.the pudic win nave the opportunity to provide public comments remotely,as well as In
person.dunng this proceeding Individuals who would like In pad,epate rrmntrly rnnuld remeler through the link provided within the specific evenVmeebng
entry on the Calendar of(vents on the Canty websile at www.cNkercmmly(I Orate a"counlyheslorsycalendar-ot-events after the agenda is posted on the
County websile Regisbalten shored be done in advance of the pubhr ineahne.or any dea1o,e speeded within the public mealier notice.Individuals who
register will receive an email in advance al the public heanng detailing tow They can participate remotely in Ibis meeting.Remote participation Ls encoded an
a courtesy and is at the user's risk.The County Is not responsible for technic issues For additional mlormahoe about the meelmg,please call Geoffrey While
at 7528369 or email In Genllrey.WBigr/cd6errnunIyfl goy
Any person who decrees to appeal arty decision of the Board wiF need a record al the proceedings pertaining thereto and therelde.may need to ensure that
a verbatim roeded of the proceedings is made which retard includes the testimony and evidence upon which the appeal is based
If you are a person with a disability who needs any accommodation in order to participate in this proceeding,you we entitled.at no cost to you,to the
prevision 01 certain assistance Please contact the Collier County Facikhes Managerneol Division,located at 3335 Tanvanm Trail East.Suite 101,Naples.Ft
34112-5356.(239)252-8380 a1 least two 12)days prior to the meeting A srstr:l hslenmo devices for the hearing impaired are available in the Board of
County Comm,stoners Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY.Ft ORIDA
CHRIS HALL,
CHAIRMAN
CRYSTAL K.KINZEL.
CLERK Of THE CIRCUIT COURT A COMPTROLLER
By Jennifer Hansen.Deputy Clerk
(SEAL)
17E
Jennifer Hansen
From: Jennifer Hansen
Sent: Monday,January 29, 2024 10:41 AM
To: Naples Daily News Legals
Subject: Flood Damage Prevention Updates(LDCA) &2022 Scrivener's Errors and Cross-
References(LDCA) (PL20230014143 &PL20220005067
Attachments: Flood Damage Prevention Updates (LDCA) &2022 Scrivener's Errors and Cross-
References(LDCA) (PL20230014143 & PL20220005067.docx; Flood Damage Prevention
Updates (LDCA)&2022 Scrivener's Errors and Cross-References (LDCA)
(PL20230014143 & PL20220005067.pdf; Flood Damage Prevention Updates (LDCA) &
2022 Scrivener's Errors and Cross-References (LDCA) (PL20230014143 &
PL20220005067).docx
Good afternoon
The advertisement must be a 114 paste advertisement, and the headline in the advertisement must be in a type no
smaller than 18 point. The advertisement MUST NOT BE placed in that portion of the newspaper where classified
advertisements appear.
Thank you,
Jennifer Hansen
BMR& VAB Deputy Clerk
ol`co.`a'RTd Office: 239-252-8406
Fax: 239-252-8408
~ E-mail: jennifer.hansen@CollierClerk.com
Office of the Clerk of the Circuit Court
�0
c &Comptroller of Collier County
«,;,,,,. 3299 Tamiami Trail E, Suite#401
Naples, FL 34112
www.CollierClerk.com
1
17E
NOTICE OF PUBLIC HEARING
NOTICE OF INTENT TO CONSIDER AN ORDINANCE
Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners
(BCC)at 9:00 A.M.on February 27,2024, in the Board of County Commissioners meeting room,third floor,Collier
Government Center,3299 East Tamiami Trail,Naples FL to consider:
17E
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 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
1 7 E
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]
(insert map)
A copy of the proposed Ordinance is on file with the Clerk to the Board and is available for inspection.All interested
parties are invited to attend and be heard.
All persons wishing to speak on any agenda item must register with the County Manager prior to presentation of the
agenda item to be addressed. Individual speakers will be limited to three(3)minutes on any item.The selection of any
individual to speak on behalf of an organization or group is encouraged.If recognized by the Chairman,a spokesperson
for a group or organization may be allotted ten (10) minutes to speak on an item. Written materials intended to be
considered by the Board shall be submitted to the appropriate County staff a minimum of seven(7)days prior to the
public hearing.All materials used in presentations before the Board will become a permanent part of the record.
As part of an ongoing initiative to encourage public involvement,the public will have the opportunity to provide public
comments remotely, as well as in person, during this proceeding. Individuals who would like to participate remotely
should register through the link provided within the specific event/meeting entry on the Calendar of Events on the
County website at www.colliercountyfl.gov/our-county/visitors/calendar-of-events after the agenda is posted on the
County website. Registration should be done in advance of the public meeting, or any deadline specified within the
public meeting notice. Individuals who register will receive an email in advance of the public hearing detailing how
they can participate remotely in this meeting. Remote participation is provided as a courtesy and is at the user's risk.
The County is not responsible for technical issues. For additional information about the meeting,please call Geoffrey
Willig at 252-8369 or email to Geoffrey.Willig@colliercountyfl.gov.
Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto
and therefore,may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony
and evidence upon which the appeal is based.
If you are a person with a disability who needs any accommodation in order to participate in this proceeding,you are
entitled,at no cost to you,to the provision of certain assistance.Please contact the Collier County Facilities Management
Division,located at 3335 Tamiami Trail East,Suite 101,Naples,FL 34112-5356,(239)252-8380,at least two(2)days
prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County
Commissioners Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA
CHRIS HALL,
CHAIRMAN
CRYSTAL K. KINZEL.
CLERK OF THE CIRCUIT COURT& COMPTROLLER
By: Jennifer Hansen, Deputy Clerk
(SEAL)
1 7 E
O NI
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a
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of
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17E
Jennifer Hansen
From: Gannett Legals Public Notices 4 <ganlegpubnotices4@gannett.com>
Sent: Monday, January 29, 2024 10:42 AM
To: Jennifer Hansen
Subject: DO NOT REPLY
External Message: Please use caution when opening attachments, clicking links, or replying to this message.
This is an auto generated email, please do not reply.
The legal department has received your email and will be processing your notice as soon as possible.
We will provide a proof as well as publication dates, cost and payment requirements prior to the notice
running.
All Legal/Public Notices will be processed for the desired publication if received by deadline.
Office Hours: Monday — Friday 8:00 am -5:00 pm CST/EST
Thank you for your business.
Gannett Legal/Public Notice Department
1 7 E
Jennifer Hansen
From: Gannett Legals Public Notices 4 <ganlegpubnotices4@gannett.com>
Sent: Monday, January 29, 2024 12:57 PM
To: Jennifer Hansen
Subject: RE: 03490559 Flood Damage Prevention Updates (LDCA) &2022 Scrivener's Errors and
Cross-References (LDCA) (PL20230014143 & PL20220005067
Importance: High
External Message: Please use caution when opening attachments,clicking links, or replying to this message.
Received and processing - please wait for proof
Thanks!
Public Notices Team
* LocaIiQ I •USA TODAY
Office: 844-254-5287
From:Jennifer Hansen<jennifer.hansen@collierclerk.com>
Sent: Monday,January 29, 2024 9:41 AM
To: NDN-Legals<legals@naplesnews com>
Subject:03490559 Flood Damage Prevention Updates (LDCA) & 2022 Scrivener's Errors and Cross-References (LDCA)
(PL20230014143 & PL20220005067
Good afternoon
The advertisement must be a 114 page advertisement, and the headline in the advertisement must be in a type no
smaller than 18 point. The advertisement MUST NOT BE placed in that portion of the newspaper where classified
advertisements appear.
Thank you,
1 7 E
Jennifer Hansen
From: Jennifer Hansen on behalf of Minutes and Records
Sent: Monday,January 29, 2024 1:24 PM
To: PadronAilyn
Cc: Marissa Fewell;JohnsonEric; RodriguezWanda; BradleyNancy;GMDZoningDivisionAds
Subject: RE: 2/27/24 BCC-Ad Request for Flood Damage Prevention Updates (LDCA) &2022
Scrivener's Errors and Cross-References(LDCA) (PL20230014143 & PL20220005067)
Good morning
This ad has been received and now being processed by NDN.
Thank you!!
Jennifer Hansen
BMR& VAB Deputy Clerk
ca,R,.t Office: 239-252-8406
Fax: 239-252-8408
1.~ E-mail: jennifer.hansen@)CollierClerk.com
Office of the Clerk of the Circuit Court
'2 ��,� 77��0� &Comptroller of Collier County
`�< , -i f 3299 Tamiami Trail E, Suite#401
Naples, FL 34112
www.Col l ierC lerk.com
From:Ailyn Padron<Ailyn.Padron@colliercountyfl.gov>
Sent: Monday,January 29, 2024 10:03 AM
To: Minutes and Records<MinutesandRecords@collierclerk.com>
Cc: Marissa Fewell <Marissa.Fewell@colliercountyfl.gov>;JohnsonEric<Eric.Johnson@colliercountyfl.gov>;
RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov>; BradleyNancy<Nancy.Bradley@colliercountyfl.gov>;
GMDZoningDivisionAds<GMDZoningDivisionAds@colliercountyfl.gov>
Subject: 2/27/24 BCC-Ad Request for Flood Damage Prevention Updates(LDCA)&2022 Scrivener's Errors and Cross-
References(LDCA) (PL20230014143& PL20220005067)
Good morning, M&R,
Attached is the Ad Request for PL20230014143 & PL20220005067 for the February 27, 2024, BCC hearing that needs to
run on February 7.
Please let me know if you have any questions.Thank you!
Respectfully,
Ailyn Padron
Management Analyst I
1
1 7 E
Jennifer Hansen
From: Urbach, Rose <RUrbach@gannett.com>
Sent: Tuesday, January 30, 2024 9:26 AM
To: Jennifer Hansen
Cc: Gannett Legals Public Notices 4
Subject: Proof review for the Naples News ( PO# 4500226652 I ad# 38600214
Attachments: ND-38600214.pdf
External Message: Please use caution when opening attachments,clicking links, or replying to this message.
Good morning,Jennifer—
I work with the Legal Department for the Naples News and will be here to assist you with your creative needs for the
attached Flood Damage Prevention Updates (LDCA) & 2022 Scrivener's Errors and Cross-References(LDCA)
(PL20230014143 & PL20220005067). Please let me know if you'd like any updates to your ad or if this is approved for
publication. Our final deadline for creative approval is Tuesday, February 6 at 2pm.
Order Details:
• Order Number=9791177 I Materials= 38600214
• 10/PO =4500226652
• Publication = Naples News
• Section= Main/ROP
• Run Dates= February 7
• Ad Size = 1/4-page (3-col x 10")
• Affidavit=yes
• Total Cost= $1,008.00
Thank you,
Rose Urbach(she/her)
Account Coordinator
SMB-Legals
Legals: SMB-ClassifiedsLegalSupport@gannett.com
* LocaliQ I •NUSA ETWORK
Y
rurbach@locaho.com
Office:330.996.3487
Seize your potential at LocaliQ.com
1
17E
Jennifer Hansen
From: Jennifer Hansen on behalf of Minutes and Records
Sent: Tuesday,January 30, 2024 9:37 AM
To: PadronAilyn
Cc: Marissa Fewell;JohnsonEric; RodriguezWanda; BradleyNancy;GMDZoningDivisionAds
Subject: RE: 2/27/24 BCC-Ad Request for Flood Damage Prevention Updates (LDCA)&2022
Scrivener's Errors and Cross-References (LDCA) (PL20230014143 & PL20220005067)
Attachments: ND-38600214.pdf
Good morning,
Attached is the ad proof for your approval. Below are the costs:
Order Details:
• Order Number=9791177 I Materials= 38600214
• 10/PO=4500226652
• Publication= Naples News
• Section = Main/ROP
• Run Dates= February 7
• Ad Size= 1/4-page(3-col x 10")
• Affidavit=yes
• Total Cost=$1,008.00
Thank you,
Jennifer Hansen
BMR& VAB Deputy Clerk
,.�0.
0
T`OU*7. Office: 239-252-8406
Fax: 239-252-8408
E-mail: jennifer.hansenra( ollierClerk.com
•
• Office of the Clerk of the Circuit Court
• &Comptroller of Collier County
y` RY�.,,,.r�` 3299 Tamiami Trail E, Suite#401
Naples, FL 34112
www.CollierClerk.com
From:Ailyn Padron<Ailyn.Padron@colliercountyfl.gov>
Sent: Monday,January 29, 2024 10:03 AM
To: Minutes and Records<MinutesandRecords@collierclerk.corn>
Cc:Marissa Fewell<Marissa.Fewell@colliercountyfl.gov>;JohnsonEric<Eric.Johnson@colliercountyfl.gov>;
RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov>; BradleyNancy<Nancy.Bradley@colliercountyfl.gov>;
GMDZoningDivisionAds<GMDZoningDivisionAds@colliercountyfl.gov>
Subject:2/27/24 BCC-Ad Request for Flood Damage Prevention Updates(LDCA)&2022 Scrivener's Errors and Cross-
References(LDCA) (PL20230014143 & PL20220005067)
1
1 7 E
NOTICE OF PUBLIC HEARING
NOTICE OF INTENT TO CONSIDER AN ORDINANCE
Notice is hereby given that a public hearing will oe rela by the Collier County Board of County Commissioners(BCC)at 9:00 A.M.$dnFebruary 27,2024.
in the Board of County Commissioners meeting rco-.third floor Collier Government Center.3299 East Taman)]Trail.Naples FL
to er
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 3.0205 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 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.[PL202 3001 41 43 AND PL20220005067)
Collier county
n1 ; \ Florida
' J
VOWS
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an
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A copy of the proposed Ordinance is on file with the Clerk to the Board and is available for inspection.All interested parties are invited to attend and be heard
All persons wishing to speak on any agenda item must register with the County Manager prior to presentation of the agenda item to be addressed.Individual
speakers will be limited to three(3)minutes on any item.The selection of any individual to speak on behalf of an organization or group is encouraged.If
recognized by the Chairman,a spokesperson for a group or organization may be allotted ten(10)minutes to speak on an item.Written materials intended to
be considered by the Board shall be submitted to the appropriate County staff a minimum of seven(7)days prior to the public hearing.All materials used in
presentations before the Board will become a permanent part of the record.
As part of an ongoing initiative to encourage public involvement,the public will have the opportunity to provide public comments remotely.as well as in
person,during this proceeding.Individuals who would like to participate remotely should register through the link provided within the specific event/meeting
entry on the Calendar of Events on the County website at www.colliercountytl.gov/our-county/Wsitors/calerfdar-of-events after the agenda is posted on the
County website.Registration should be done in advance of the public meeting,or any deadline specified within the public meeting notice.Individuals who
register will receive an email in advance of the public hearing detailing how they can participate remotely in this meeting.Remote participation is provided as
a courtesy and is at the user's risk.The County is not responsible for technical issues.For additional information about the meeting,please call Geoffrey Wittig
at 252-8369 or email to Geoffrey.Willigecolliercounryll.gov.
Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and therefore,may need to ensure that
a verbatim record of the proceedings is made.which record includes the testimony and evidence upon which the appeal is based.
If you are a person with a disability who needs any accommodation in order to participate in this proceeding,you are entitled,at no cost to you,to the
provision of certain assistance.Please contact the Collier County Facilities Management Division,located at 3335 Tamiami Trail East,Suite 101,Naples,FL
34112.5356,(239)252-8380.at least two(2)days prior to the meeting.Assisted listening devices for the hearing impaired are available in the Board of
County Commissioners Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA
CHRIS HALL,
CHAIRMAN
CRYSTAL K.KINZEL,
CLERK OF THE CIRCUIT COURT 8 COMPTROLLER
By:Jennifer Hansen,Deputy Clerk
(SEAL)
NOJ1190ev'r
17E
Jennifer Hansen
From: Eric Johnson <Eric.Johnson@colliercountyfl.gov>
Sent: Tuesday,January 30,2024 11:13 AM
To: PadronAilyn
Cc: GMDZoningDivisionAds; Marissa Fewell
Subject: RE:2/27/24 BCC- Ad Proof for Flood Damage Prevention Updates (LDCA)&2022
Scrivener's Errors and Cross-References (LDCA) (PL20230014143 & PL20220005067)
Attachments: ND-38600214.pdf
Approved!
EJ
From:Ailyn Padron<Ailyn.Padron@colliercountyfl.gov>
Sent:Tuesday,January 30, 2024 10:36 AM
To: Marissa Fewell<Marissa.Fewell@colliercountyfl.gov>; Eric Johnson<Eric.Johnson@colliercountyfl.gov>
Cc:GMDZoningDivisionAds<GMDZoningDivisionAds@colliercountyfl.gov>
Subject: FW:2/27/24 BCC-Ad Proof for Flood Damage Prevention Updates(LDCA) &2022 Scrivener's Errors and Cross-
References(LDCA) (PL20230014143 & PL20220005067)
Good morning, Marissa& EJ,
Attached is the ad proof for your petitions. Please let me know if you approve and/or if we need to make changes by
end of day.
Please let me know if you have any questions.Thank you.
Respectfully,
Ailyn Padron
Management Analyst I
Coder County
Growth Management
Community Development Department
2800 North Horseshoe Dr.
Naples Florida 34104
Phone:239-252-2400
From:Jennifer Hansen<jennifer.hansen@collierclerk.corrt>On Behalf Of Minutes and Records
Sent:Tuesday,January 30, 2024 9:37 AM
To:Ailyn Padron<Ailyn.Padron@colliercountyfl.Rov>
Cc:Marissa Fewell<Marissa.Fewell@colliercountyfl.Rov>; Eric Johnson <Eric.JohnsonPcolliercountyfl.Rov>;Wanda
Rodriguez<Wanda.Rodriguez@colliercountyfl.Rov>; Nancy Bradley<Nancy.Bradley colliercountvfl.Rov>;
GMDZoningDivisionAds<GMDZoningDivisionAds@colliercountyfl.gov>
1 7 E
Jennifer Hansen
From: Ailyn Padron <Ailyn.Padron@colliercountyfl.gov>
Sent: Tuesday, January 30, 2024 11:36 AM
To: Minutes and Records;Jennifer Hansen
Cc: Marissa Fewell; JohnsonEric; RodriguezWanda; BradleyNancy;GMDZoningDivisionAds
Subject: RE: 2/27/24 BCC Ad Request for Flood Damage Prevention Updates(LDCA) &2022
Scrivener's Errors and Cross-References(LDCA) (PL20230014143 & PL20220005067)
Attachments: RE: 2/27/24 BCC- Ad Proof for Flood Damage Prevention Updates (LDCA) &2022
Scrivener's Errors and Cross-References (LDCA) (PL20230014143 & PL20220005067)
Good morning,
This ad has been approved by staff. Please see the attached approval.
Thank you.
Respectfully,
Ailyn Padron
Management Analyst I
Collier County
Growth Management
Community Development Department
2800 North Horseshoe Dr.
Naples Florida 34104
Phone:239-252-2400
From:Jennifer Hansen<jennifer.hansen@collierclerk.com>On Behalf Of Minutes and Records
Sent:Tuesday,January 30, 2024 9:37 AM
To:Ailyn Padron<Ailyn.Padron@colliercountyfl.gov>
Cc: Marissa Fewell <Marissa.Fewell@colliercountyfl.gov>; Eric Johnson <Eric.Johnson@colliercountyfl.gov>; Wanda
Rodriguez<Wanda.Rodriguez@colliercountyfl.gov>; Nancy Bradley<Nancy.Bradley@colliercountyfl.gov>;
GMDZoningDivisionAds<GMDZoningDivisionAds@colliercountyfl.gov>
Subject: RE: 2/27/24 BCC-Ad Request for Flood Damage Prevention Updates (LDCA) & 2022 Scrivener's Errors and
Cross-References(LDCA) (PL20230014143 & PL20220005067)
EXTERNAL EMAIL:This email is from an external source. Confirm this is a trusted sender and use extreme caution when
opening attachments or clicking links.
Good morning,
Attached is the ad proof for your approval. Below are the costs:
1
17E
Jennifer Hansen
From: Wanda Rodriguez <Wanda.Rodriguez@colliercountyflgov>
Sent: Wednesday,January 31, 2024 1:40 PM
To: Minutes and Records;Jennifer Hansen
Cc: PadronAilyn;GMDZoningDivisionAds;JohnsonEric
Subject: proof approval:2/27/24 BCC- Flood Damage Prevention Updates (LDCA) &2022
Scrivener's Errors and Cross-References (LDCA) (PL20230014143 & PL20220005067)
Attachments: ND-38600214.pdf; RE:2/27/24 BCC- Ad Request for Flood Damage Prevention Updates
(LDCA) &2022 Scrivener's Errors and Cross-References(LDCA) (PL20230014143 &
P120220005067)
Attorney approval is below, staff approval is attached, and there are no other approvals required for
this ad. Thank you,
Wanda Rodriguez, ACP, CT.M
Office of the County .Attorney
(23,9) 252-8400
CERTIFttn
A 1
. 1P ri.o•ioe e
ACP Proms WAlm
sooup
SINCECerMma PUCbc Manage,
From: Heidi Ashton<Heidi.Ashton@colliercountyfl.gov>
Sent:Wednesday,January 31, 2024 1:36 PM
To:Wanda Rodriguez<Wanda.Rodriguez@colliercountyfl.gov>
Cc: Nancy Bradley<Nancy.Bradley@colliercountyfl.gov>
Subject: RE:proof for approval: 2/27/24 BCC- Flood Damage Prevention Updates(LDCA)&2022 Scrivener's Errors and
Cross-References(LDCA) (PL20230014143& PL20220005067)
Wanda,
Approved.Thank you!
f-ttidi Ashtow-Clcleo
Managing Assistant County Attorney
Office of the County Attorney
2800 North Horseshoe Drive, Suite 301
Naples, FL 34104
(239) 252-8��3
From:Wanda Rodriguez<Wanda.Rodriguez@colliercountyfl.gov>
Sent:Tuesday,January 30, 2024 11:38 AM
To: Heidi Ashton<Heidi.AshtonPcolliercountvfl.gov>
1 7 E
Jennifer Hansen
From: Ailyn Padron <Ailyn.Padron@colliercountyfl.gov>
Sent: Tuesday,January 30, 2024 11:36 AM
To: Minutes and Records;Jennifer Hansen
Cc: Marissa Fewell;JohnsonEric; RodriguezWanda; BradleyNancy; GMDZoningDivisionAds
Subject: RE:2/27/24 BCC- Ad Request for Flood Damage Prevention Updates(LDCA)&2022
Scrivener's Errors and Cross-References(LDCA) (PL20230014143 &PL20220005067)
Attachments: RE:2/27/24 BCC-Ad Proof for Flood Damage Prevention Updates(LDCA)&2022
Scrivener's Errors and Cross-References(LDCA) (PL20230014143 &PL20220005067)
Good morning,
This ad has been approved by staff. Please see the attached approval.
Thank you.
Respectfully,
Ailyn Padron
Management Analyst I
Collier County
Growth Management
Community Development Department
2800 North Horseshoe Dr.
Naples Florida 34104
Phone:239-252-2400
From:Jennifer Hansen<jennifer.hansen@collierclerk.com>On Behalf Of Minutes and Records
Sent:Tuesday,January 30, 2024 9:37 AM
To:Ailyn Padron<Ailyn.Padron@colliercountyfl.gov>
Cc: Marissa Fewell<Marissa.Fewell@colliercountyfl.gov>; Eric Johnson<Eric.Johnson@colliercountyfl.gov>;Wanda
Rodriguez<Wanda.Rodriguez@colliercountyfl.gov>; Nancy Bradley<Nancy.Bradley@colliercountyfl.gov>;
GMDZoningDivisionAds<GMDZoningDivisionAds@colliercountyfl.gov>
Subject: RE: 2/27/24 BCC-Ad Request for Flood Damage Prevention Updates(LDCA) &2022 Scrivener's Errors and
Cross-References(LDCA) (PL20230014143& PL20220005067)
EXTERNAL EMAIL:This email is from an external source.Confirm this is a trusted sender and use extreme caution when
opening attachments or clicking links.
Good morning,
Attached is the ad proof for your approval. Below are the costs:
1
17E
Jennifer Hansen
From: Jennifer Hansen
Sent: Wednesday, January 31, 2024 1:43 PM
To: 'Urbach, Rose'
Cc: Gannett Legals Public Notices 4
Subject: RE: Proof review for the Naples News ! PO#4500226652 I ad# 38600214
Good afternoon,
This ad has been approved.
Thank you!
Jennifer Hansen
BMR& VAB Deputy Clerk
c-.cu'T C0"RT Office: 239-252-8406
c f�y Fax: 239-252-8408
8.
E-mail: jennifer.hansen�a.CollierClerk.com
A„, Office of the Clerk of the Circuit Court
&Comptroller of Collier County
3299 Tamiami Trail E, Suite#401
Naples, FL 34112
www.CollierClerk.com
From: Urbach, Rose<RUrbach@gannett.com>
Sent:Tuesday,January 30, 2024 9:26 AM
To:Jennifer Hansen<jennifer.hansen@collierclerk.corn>
Cc: Gannett Legals Public Notices 4<ganlegpubnotices4@gannett.com>
Subject: Proof review for the Naples News I PO#4500226652 I ad# 38600214
External Message: Please use caution when opening attachments,clicking links, or replying to this message.
Good morning,Jennifer—
I work with the Legal Department for the Naples News and will be here to assist you with your creative needs for the
attached Flood Damage Prevention Updates (LDCA) & 2022 Scrivener's Errors and Cross-References(LDCA)
(PL20230014143 & PL20220005067). Please let me know if you'd like any updates to your ad or if this is approved for
publication. Our final deadline for creative approval is Tuesday, February 6 at 2pm.
Order Details:
17E
Jennifer Hansen
From: Urbach, Rose <RUrbach@gannett.com>
Sent: Wednesday,January 31, 2024 1:46 PM
To: Jennifer Hansen
Cc: Gannett Legals Public Notices 4
Subject: Re: Proof review for the Naples News I PO#4500226652 I ad# 38600214
External Message:Please use caution when opening attachments,clicking links,or replying to this message.
Hi Jennifer,
Thank you for getting back to me, I have set your order(Ad#38600214) live in our system and it will run as
requested. I've also sent the needed information to our affidavit team so you can expect to receive that
within 10 business days of the final run date. Please have a great rest of your day and week!
Thank you,
Rose Urbach(she/her)
Account Coordinator
SMB-Legals
Legals: SMB-ClassifiedsLegalSupport@gannett.com
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Seize your potential at LocaliQ.com
From:Jennifer Hansen<jennifer.hansen@collierclerk.com>
Sent:Wednesday,January 31, 2024 1:43 PM
To: Urbach, Rose<RUrbach@gannett.com>
Cc:Gannett Legals Public Notices 4<ganlegpubnotices4@gannett.com>
Subject: RE: Proof review for the Naples News I PO#4500226652 I ad#38600214
Good afternoon,
This ad has been approved.
Thank you!
1
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 7 E
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2.
3 County Attorney Office County Attorney Office f Y
4. BCC Office Board of County
Commissioners jr51 3 f 4/2 ,5. Minutes and Records Clerk of Courts OfficeH Q� y'/ t
PRIMARY CONTACT INFORMATIO
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees
above,may need to contact staff for additional or missing information. 7�
Name of Primary Staff Kathy Crotteau/County Attornepftice& Phone Number 252-6052
Contact/ Depaitrnent Eric Johnson/Zoning-LDC
Agenda Date Item was March 26,2024 Agenda Item Number 17E
Approved by the BCC
Type of Document Ordinance Number of Original 1
94
Attached t7� — 1 Documents Attached
PO number or account
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature?
2. Does the document need to be sent to another agency for additional signatures? If yes, N/A
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be KC
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the KC
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's KC
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip KC
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on 3-26-24 and all changes made during w
the meeting have been incorporated in the attached document. The Countyft
Attorney's Office has reviewed the changes,if applicable.
9. Initials of attorney verifying that the attached document is the version approved by the , / _JVItOt
BCC,all changes directed by the BCC have been made,and the document is ready for the p_t
Chairman's signature. \>\'
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
ORDINANCE NO. 2024 - 1 1
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
Page 1 of 34
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17E
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 March 26, 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
Page 2 of 34
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� 7E
WHEREAS, this ordinance is adopted pursuant to the constitutional and home rule powers
of Fla. Const. Art. VI I I, § 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.
Page 3 of 34
Words struck through are deleted,words underlined are added
1 7 E `,
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.
Page 4 of 34
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17E
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
* * * * * * *
to a one percent or greater chance of flooding in any given year. These areas are designated on
the Flood Insurance Rate Map.
* * * * * * *
Page 5 of 34
Words struck through are deleted,words underlined are added
17E
ceeded in any given year.
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
chance of occurrence in any given year.
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
Mane anrd the water s„rfaGe 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.
(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
Page 6 of 34
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17E
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 ` st uetu-rc_te--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
s structure
which have incurred "substantial damage", regardle'e of the actual repair work performed. The
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
Page 7 of 34
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17E
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.341.c.6.; nursing homes;
assisted living facilities pursuant to § /129/102 429.02 F.S. and ch.
59A-36 F.A.C.; and continuing care retirement communities
pursuant to ch. 651 F.S. and ch. 690-193 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
Page 8 of 34
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17E
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. 690-193 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
Page 9 of 34
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17E
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. 690-193 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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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. G., 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. G., 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 5.05.01 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 GB. 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 cth the specific provisions set forth in section 2.01.03 of this
Code.
* * * * * * *
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SUBSECTION 3.1. 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
in loss of life, property damage, health, and safety hazards, disruption of commerce and
,
,
and general welfare.
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,
designed:
A. To protect human life and health;
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 busine s 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 po-sible, that potential home buyers are notified that
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 AppliGability
County, and identified by the Federal Insurance Administration in its flood insurance rate map
(FIRM), dated Novembcr 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
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
II 11 ' 1
s
inspection in the office of the Clerk to the BCC located in Building "F", Collier County Courthouse,
3301 Tamiami Trail, East, Naplcs, 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
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
Ord significa ater rmitted toflow from—the subject premises onto
abutting properties or into adjoining waters which are not County approved drainage
cystem(s).
C. Residential-Construction new construction or substantial improvement of any residential
D. Non residential Construction new construction and substantial improvements of non
residential structures shall have the lowest floor(including basemcnt)elevated to or abovc
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
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,
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
floodwaters. Designs for meeting this requirement must either be certified by a registered
minimum of two (2) openings having a total net area of not loss than one (1) square inch
of all openings shall be no higher than one (1) foot above the level of the floor they are to
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 floor) waters into the system
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
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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not required to be waterproofed or constructed with breakaway walls, provided registered
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
to the center of the meter shall be four (/1) to six (6) feet. The meter shall be placed in a
Enclosures will be allowed within the building, provided they are above the base flood
elevation and located in meter rooms.
SUBSECTION 3.0. 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 speci
hazards associated with high velocity waters from tidal surge and hurricane wave wash.
Therefore, the following provisions shall apply:
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 ba e floor! level; and the pile or column foundation and structure
components Wind and water loading values shell each have a one (1) percent
chance of being equaled or exceeded in any given year (100 year mean
or review the structural design, specifications, and plans for the construction, and
shall Qe-Pify that the design and methoas of constr„ct-i-Gn t� sed_aare in
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
insect screening intended to collapse under wind and water loads without causing
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17E
building or supporting foundation system. For the purposes of this section, a
(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
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
b. The elevated portion o#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 acces, or storage.
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 arc
constructed with a vinyl liner as the main component
�. 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 fhe Flood days
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
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
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 bas securely anchored to
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
,
utilities, and pads before the repair, reconstruction, or improvement has
height above grade, or have their lowest floor at or above the base flood elevation,
if this allows for use of a lower foundation.
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
'..ting 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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17E
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-..ystem, is
attached to the site only hey quick dL.connect 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
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
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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17E
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:
Chapter 62 of the Collier County Code of Laws and Ordinances.
Federal requirements for eleb atin bove Oho 1 00 year floor) level
r
ii. Florida Building Code Collier County Building Code requirements
for flood proofing,
iii. Current building and life safety codes,
Lie- 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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17E
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.
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 non the od e+Insurncce eMaps ppublisheed b the Federal Emergency
"ray�gency� t�reffectidate-�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
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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
d
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:
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-FI od 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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Via. 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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17E
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.
Requirements
A. General requirements.
1. Variances shall only be issued en a -determination ttee—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.
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
- ncc, cr tc nuisances, cause fraud on or victimization of the public, or
conflict with existing local laws or ordinances.
3 In passssing upnon—ca—va ance, the Board of Zoning ppeals shall consider all
the I DC• 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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17E
d. The importance of the services provided by the proposed facility to thc
community;
c. The nccc^city to thc facility of a waterfront location, where applicable;
f Tho yailability of alternative locations not s bject �o flooding or ern
damage, for thc 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;
�—Try-safety of access to the pr„per y in tice,
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
s ch s sewer ga electrical water systeme streets and bridge.
�w�--vat u v o i v v a c c r�v�rci i iv �crcccv a ra-vrraac.
I. 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
conduct of a functionally dependent use provided that the criteria of (a)
through (I) of this section are met.
n. Generally, variances may be issued for new construction and substantial
1
with existing structures constructed
ems (a) through (I) 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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17E
*
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 eCounty sCommissioners.
2. Planning oCommission.
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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1 7 E , .'
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,Z.tay of I )"\ CL (1\ , 2024.
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL, CLERK OF COLLIER COUNTY, FLORIDA
AO .
By: Oliasisei By:
Attest s '• Che 4:-,puty Clerk HRIS HALL, Chairm-n
-sit na _re only 'y�,
Approved as to form and legality:
r
f \ L_ . -„
� r.C\ C�i . This ordinance filed with the
Heidi F. Ashton-Cicko Secretary of State's office the
Managing Assistant County Attorney ..-1 day of II I, 2Q?4
and acknawledg ment of that
04-CMD-01077/1991(03/26/24) film. rece'ved is I . day
23-LDS-00288/66 of ay .�:_♦
14
BMirk
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.. n
FLORIDA DEPARTMENT Of STATE
RON DESANTIS CORD BYRD
Governor Secretary of State
April 1, 2024
Crystal K. Kinzel, Clerk of Court
Office of the Clerk of the Circuit Court
& Comptroller of Collier County
3329 Tamiami Trail E, Suite #401
Naples, FL 34112
Dear Ms. Kinzel,
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 2024-11, which was filed in this office on April 1, 2024.
Sincerely,
Matthew Hargreaves
Administrative Code and Register Director
MJH/wlh
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270