DSAC Agenda 07/29/2024For more information please contact Eric Johnson at (239) 252-2931 or Eric.Johnson@colliercountyfl.gov
2024 Land Development Code Amendments
- Special Public Meeting -
Development Services Advisory Committee -
Land Development Review Subcommittee
Monday, July 29, 2024
3:00 p.m.
2800 N. Horseshoe Dr., Naples, FL
Growth Management Community Development Department Building
Conference Room 609/610
Agenda:
1. Call to Order
2. Approve Agenda
3. Old Business
a. PL20240005299 – Major Transportation Hub (f.k.a. Major Transit Stop Definition)
4. New Business
a. PL20240004278 – Immokalee Urban Area Overlay
b. PL20240008157 – Updated Approval of Residential Building Permits
5. Public Comments
6. Upcoming DSAC-LDR Subcommittee Meeting Dates:
a. Tuesday, October 15, 2024
7. Adjourn
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LAND DEVELOPMENT CODE AMENDMENT
PETITION
PL2040005299
SUMMARY OF AMENDMENT
This Land Development Code (LDC) amendment proposes to define transit
stop and major transportation hub. LDC amendments are reviewed by the
Board of County Commissioners (Board), Collier County Planning
Commission (CCPC), Development Services Advisory Committee
(DSAC), and the Land Development Review Subcommittee of the DSAC
(DSAC-LDR Subcommittee).
ORIGIN
Board of County
Commissioners (Board)
HEARING DATES LDC SECTION TO BE AMENDED
Board TBD 1.08.02 Definitions
CCPC TBD
DSAC TBD
DSAC-LDR 07/29/2024
05/21/2024
ADVISORY BOARD RECOMMENDATIONS
DSAC-LDR
Approval with recommendations
DSAC
TBD
CCPC
TBD
BACKGROUND
On April 9, 2024, the Board was asked to review and approve staff’s administrative application process for
projects intending to utilize the provisions of Florida Statutes section 125.01055(7)(a) through (e), commonly
known as SB 102 or the Live Local Act. The Live Local Act preempts local government from regulating specific
development standards for certain projects providing affordable housing.
One topic that the Board discussed, is the requirement for the County to consider a reduction of parking
requirements for a proposed development located within one-half mile of a “major transit stop.” The Live Local
Act specifically stated:
“A county must consider reducing parking requirements for a proposed development authorized
under this subsection if the development is located within one-half mile of a major transit stop, as
defined in the county’s land development code, and the major transit stop is accessible from the
development.”
During the Board’s discussion, concern was raised with this requirement because the County’s LDC does not
currently define “major transit stop” and therefore, the application of this provision has been left to staff’s
interpretation. Staff’s initial interpretation of a “major transit stop” included all bus stops along Collier Area
Transit (CAT) bus routes that include a covered bench structure. However, after discussing the matter at the
meeting and disagreeing with staff’s interpretation, the Board unanimously voted to define “major transit stop”
as a public transit stop that would be represented by three existing CAT transfer stations located at: 1) Government
Center Transfer Station (3355 East Tamiami Trail, Naples); 2) Radio Road Transfer Station (CAT Headquarters)
(8300 Radio Road, Naples); and 3) Florida Department of Health Immokalee Office (419 N 1st Street,
Immokalee). These three transfer stations include public transportation services for four or more bus routes and
include public parking facilities for passengers to utilize.
While staff was drafting the proposed definition for “major transit stop,” SB 328 was approved by the Florida
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Senate and the Florida House of Representatives. SB 328 is an amendment to the Live Local Act and revises
several sections of the Act. One revision includes removal of “major” from “major transit stop”, and incorporation
of a new term “major transportation hub” which is defined in the bill text as:
“Any transit station, whether bus, train, or light rail, which is served by public transit with a mix of
other transportation options.”
SB 328 was signed by the Governor on May 16, 2024.
Due to the revisions of the Live Local Act through SB 328, staff prepared a definition for “transit stop” and “major
transportation hub.”
DSAC-LDR Subcommittee Recommendation:
On May 21, 2024, the DSAC-LDR Subcommittee recommended that staff change the requested definition from
“major transit stop” to “transit stop” and “major transportation hub” and recommended the following:
1. Provide a definition for “transit stop” that includes a reference to “publicly funded transportation agency” as
opposed to naming CAT specifically.
FISCAL & OPERATIONAL IMPACTS
There are no anticipated fiscal or operational
impacts anticipated with this amendment.
GMP CONSISTENCY
The proposed LDC amendment has been reviewed by
Comprehensive Planning staff and may be deemed
consistent with the GMP.
EXHIBITS: None
DRAFT Text underlined is new text to be added
Text strikethrough is current text to be deleted
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Amend the LDC as follows:
1
1.08.02 – Definitions 2
3
* * * * * * * * * * * * * 4
5
Lot of record: A lot of record is (1) a lot which is part of a subdivision recorded in the public 6
records of Collier County, Florida; or (2) a lot, parcel, or the least fractional unit of land or water 7
under common ownership which has limited fixed boundaries, described by metes and bounds or 8
other specific legal description, the description of which has been so recorded in the public records 9
of Collier County, Florida, on or before the effective date of this LDC; or (3) a lot, parcel, or the 10
least fractional unit of land or water under common ownership which has limited fixed boundaries, 11
for which an agreement for deed or deed was recorded prior to October 14, 1974, if within the 12
former Coastal Area Planning District, and January 5, 1982, if within the former Immokalee Area 13
Planning District. 14
15
Major transportation hub: Any transit station, whether bus, train, or light rail, which is 16
served by public transit with a mix of other transportation options. In the context of Florida 17
Statutes sections 125.01055 and 166.04151, three major transportation hubs located within the 18
County are as follows: Government Center Transfer Station, Radio Road Transfer Station, and 19
Immokalee Transfer Station. 20
21
Marina: A boating facility, chiefly for recreational boating, located on navigable water 22
frontage, and providing all or any combination of the following: boat slips or dockage, dry boat 23
storage, small boat hauling or launching facilities, marine fuel and lubricants, marine supplies, 24
bait and fishing equipment, restaurants, boat and boat motor sales, and rentals. Does not include 25
dredge, barge, or other work-dockage or service, boat construction or reconstruction, or boat 26
sales lot. 27
28
* * * * * * * * * * * * * 29
30
Transfer of development rights: The transfer of development rights from one parcel to 31
another parcel in a manner that allows an increase in the density or intensity of development on 32
the receiving property with a corresponding decrease in the remaining development rights on the 33
sending property. 34
35
Transit stop: A designated area along a fixed, transit route where buses of a local, publicly 36
funded transportation agency stop to load and unload passengers. 37
38
Vegetation, Category I Invasive Exotic: Invasive exotic vegetation that alters native 39
vegetation communities by: displacing native plant species, changing the structure or ecological 40
functions of native plant communities, or hybridizing with native species; which includes all 41
species of vegetation listed on the 2003 Florida Exotic Pest Plant Council's List of Invasive 42
Species, under Category I. 43
44
* * * * * * * * * * * * * 45
# # # # # # # # # # # # # 46
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LAND DEVELOPMENT CODE AMENDMENT
PETITION
PL20240004278
SUMMARY OF AMENDMENT
This Land Development Code (LDC) amendment renames the Immokalee
Urban Overlay District to the Immokalee Urban Area Overlay District
(IUAOD). All existing provisions of the Immokalee Urban Overlay
District, including its seven subdistricts would be superseded by the new
IUAOD and its seven subdistricts. LDC amendments are reviewed by the
Board, Collier County Planning Commission (CCPC), Development
Services Advisory Committee (DSAC), and the Land Development
Review Subcommittee of the DSAC (DSAC-LDR Subcommittee).
ORIGIN
Board of County
Commissioners (Board)
HEARING DATES LDC SECTION TO BE AMENDED
Board TBD 2.03.07
4.02.27
4.02.28
4.02.29
4.02.30
4.02.31
4.02.32
4.02.33
5.03.02
Overlay Zoning Districts
Specific Design Standards for the Immokalee —State Road
29A Commercial Overlay Subdistrict
Specific Design Standards for the Immokalee —Jefferson
Avenue Commercial Overlay Subdistrict
Specific Design Standards for the Immokalee —Farm Market
Overlay Subdistrict
Specific Design Standards for the Immokalee —Agribusiness
Overlay Subdistrict
Specific Design Standards for the Immokalee —Central
Business Overlay Subdistrict
Specific Design Standards for the Immokalee —Main Street
Overlay Subdistrict
Specific Design Standards for New Mobile Home Lots in the
Immokalee Urban Overlay Subdistrict
Fences and Walls, Excluding Sound Walls
CCPC TBD
DSAC TBD
DSAC-LDR 07/29/2024
ADVISORY BOARD RECOMMENDATIONS
DSAC-LDR
TBD
DSAC
TBD
CCPC
TBD
BACKGROUND
The Immokalee Area Planning Commission was formed in 1965 and Immokalee was governed under separate
zoning regulations until 1982. The LDC would be amended later that year to define the Immokalee Area Planning
District. In 1991, the Board adopted provisions for the Immokalee Central Business District , providing written
and graphical boundaries of the district. In 1997, the Board adopted an other ordinance for the Immokalee area,
establishing the State Road 29 Commercial Overlay District (SR29COD) and the Jefferson Avenue Commercial
Overlay District (JACOD). These overlay districts were superseded the following year when the Immokalee
Overlay District (Ordinance 1998-63) was established, which redesignat ed the SR29COD and the JACOD as
subdistricts of the overlay. Ordinance 1998-63 also established three additional subdistricts: Farm Market
Overlay Sub-District, Agribusiness Overlay Sub-District, and the Immokalee Central Business Sub-District. The
Immokalee Overlay District would be amended in 2000 when the Main Street Overlay Subdistrict was added.
The Non Conforming Mobile Home Park Overlay Subdistrict was established in 2002. Exhibit “A” provides a
list of LDC amendments specific to Immokalee between 1982 and today .
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When the County adopted the Growth Management Plan (GMP) in 1989, it recognized there was a need to have
a separate Sector Plan for the Immokalee Community. In addressing this need, the County adopted the Immokalee
Area Master Plan (IAMP) as part of its batch amendments in connection with Ordinance 1991 -15. The IAMP is
in addition to, and supplements the goals, objectives, and policies of the GMP. The major purposes of the IAMP
were to create better coordination of land use and transportation planning, s timulate redevelopment and/or
renewal of blighted areas, and to eliminate land uses inconsistent with the community’s character. The IAMP
was amended 14 times between its initial adoption and 2019, when substantial changes were made connection
with Ordinance 2019-47. The most recent amendment to the IAMP occurred in 2023, which added the Transit
Oriented Development Subdistrict.
In 2000, the Board created a Community Redevelopment Agency (CRA) to focus on the rehabilitation,
conservation, or redevelopment of two distinct geographic areas in the County, one of which being the Immokalee
Community Redevelopment Area. Later that year, the Board adopted the Community Redevelopment Plan
(Resolution 2000-181) for a 30-year timeframe. The Community Redevelopment Plan was amended in 2019 and
2022, which extended the term of the Immokalee Redevelopment Area to 2052. The amendment in 2022 outlined
five goals for future redevelopment efforts for Immokalee, based on community input: Celebrating Culture,
Economic Development, Housing, Infrastructure, and Implementation/Administration.
This LDC amendment was created in coordination with the Immokalee CRA and a Consultant with the intent to
improve the existing LDC regulations to better implement the intent of the updated IAMP. The team worked
with community stakeholders to analyze the existing regulations, including subdistricts; permitted, conditional
and accessory uses; permitted and bonus densities; and dimensional and design standards, to identify conflicting
provisions and potential impediments to redevelopment efforts. Substantive changes include but are not limited
to the following: reorganization of existing overlay subdistricts and creation of new subdistricts; updated overlay
maps; introduction of architectural and site design standards for the overlay; introduction of use tabl es per
subdistrict; and reorganization of development standards for the various subdistricts.
FISCAL & OPERATIONAL IMPACTS
There are no anticipated fiscal or operational
impacts associated with this amendment.
GMP CONSISTENCY
To be provided by Comprehensive Planning Staff after
first review.
EXHIBITS: A) List of LDC Amendments
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Amend the LDC as follows:
1
2.03.07 - Overlay Zoning Districts 2
3
G. Immokalee Urban Area Overlay District (IUAOD) 4
5
1. Purpose and intent. The purpose and intent of the IUAOD is to implement the 6
goals, objectives, and policies of the Immokalee Area Master Plan (IAMP) and 7
establish development criteria suitable for the unique character and land use 8
needs of the Immokalee Community. This section, along with LDC section 4.02.27, 9
provides support and implements the community’s vision and the goals, objectives, 10
and policies established through the IAMP. 11
12
2. Applicability. 13
14
a. These regulations shall apply to the Immokalee Urban Area Overlay District 15
as identified by the designation “IUAOD“ on the official Collier County 16
Zoning Atlas Maps. The boundary of the IUAOD is delineated on the map 17
below: 18
19
20
Map 1 - Immokalee Urban Area Overlay District Boundary 21
22
b. The use regulations within this LDC section and the design standards of 23
LDC section 4.02.27 shall apply to all properties within the IUAOD as 24
depicted on Map 1. 25
26
c. Properties within the IUAOD may establish uses, densities, and intensities 27
in accordance with the IUAOD or the underlying zoning classification. 28
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However, in either instance, the design standards of the IUAOD pursuant 1
to LDC section 4.02.27 shall apply. 2
3
d. Planned Unit Developments (PUDs) that existed prior to XXX (date), and 4
properties with Provisional Uses (PU) approved prior to XXX, including 5
amendments or boundary changes to theses PUDs and Provisional Use 6
properties, are not subject to the IUAOD requirements. Any PUD proposed 7
after XXX (date) shall apply the provisions of the IUAOD, unless a deviation 8
is approved in accordance with LDC section 4.02.27 J. 9
10
3. Establishment of Subdistricts. 11
12
a. Main Street Overlay Subdistrict (MSOS). The purpose of this subdistrict is 13
to encourage development and redevelopment by enhancing and 14
beautifying the Main Street area through design and development 15
standards that promote an urban form and a walkable environment. 16
17
Map 2 – Main Street Overlay Subdistrict Map 18
19
b. State Road 29A Commercial Overlay Subdistrict (SR29OS). The purpose 20
of the SR29OSD (Map 3) designation is to encourage appropriate 21
commercial development along SR 29A. These commercial uses must be 22
located on a major arterial or collector roadway. The provisions of this 23
subdistrict are intended to provide broader commercial uses along the SR-24
29 corridor and with development standards contained in LDC section 25
4.02.27 D. to ensure coordinated access and appropriate landscaping and 26
buffering compatible with nearby residential properties. 27
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1
Map 3 – S.R. 29A Commercial Overlay Subdistrict Map 2
3
c. Loop Road Overlay Subdistrict (LROS). The purpose of the LROS (Map 4) 4
designation is to encourage appropriate development along the SR 29 5
Loop Road which will support the efficient movement of goods and freight 6
in and around Immokalee. The provisions of this subdistrict are intended 7
to provide uses and standards that support commercial, agricultural and 8
industrial uses within the Immokalee Urban Area. Development standards 9
contained in LDC section 4.02.27 F. are provided to manage access points 10
along this corridor and to ensure appropriate landscaping and buffering for 11
allowed uses. This subdistrict encompasses 1,000 feet of land adjacent to 12
the final right-of-way alignment for the S.R. 29 Loop Road as determined 13
by the Florida Department of Transportation. 14
15
Properties to the north, east, and northeast of the S. R. 29 Loop Road right-16
of-way shall allow uses by underlying zoning districts, and the uses 17
permitted within the overlay as listed in Table 1. 18
19
Properties to the west, south and southwest of the S. R. 29 Loop Road 20
right-of-way shall allow all permitted uses within the underlying zoning 21
districts and those uses allowed per Table 1 as Conditional Uses. 22
23
forthcoming 24
25
Map 4 - Loop Road Overlay Subdistrict Map 26
27
28
The final plan has not been confirmed to date for the Loop Rd. 29
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d. Jefferson Avenue Commercial Overlay Subdistrict (JACOS). The purpose 2
of the JACOS (Map 5) designation is to provide retail, office, transient 3
lodging facilities and highway commercial uses that serve the needs of the 4
traveling public. These commercial uses must be located on a major arterial 5
or collector roadway. The provisions of this subdistrict are intended to 6
provide increased commercial opportunity along Jefferson Avenue with 7
development standards contained in LDC section 4.02.27 G.; and ensure 8
coordinated access, appropriate landscaping and buffering to be 9
compatible with nearby residential properties. 10
11
Map 5 – Jefferson Avenue Commercial Overlay Subdistrict Map 12
13
e. Agribusiness/Farm Market Overlay Subdistrict (AFOS) The purpose of the 14
AFOS designation (Map 6) is to support the agriculture industry and related 15
businesses. The provisions of this subdistrict are intended to allow uses 16
such as production, processing, and distribution of farm-based goods, as 17
well as ancillary and supporting uses, including but not limited to, retail 18
sales, warehousing/storage, equipment repair and agricultural technology 19
and research. 20
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Map 6 – Agribusiness/Farm Market Overlay Subdistrict Map 2
3
f. Industrial Mixed Use Commercial Overlay Subdistrict (IMCOS). The 4
purpose of the IMCOS designation (Map 7) is to allow uses contained 5
within the Industrial – Mixed Use Subdistrict with complementary 6
commercial uses as listed in Table 1. The overlay comprises 7
approximately 363 acres of which a maximum of 30 percent or 8
approximately 109 acres shall be commercial uses as permitted in the C -4 9
and C-5 zoning districts. 10
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Map – 7. Industrial Mixed Use Commercial Overlay 2
Subdistrict Map 3
4
g. Nonconforming Mobile Home Site Overlay Subdistrict. 5
6
i. Establishment of special conditions for these properties which by 7
virtue of actions preceding the adoption of Ordinance No. 91 -102, 8
on October 30, 1991, were deemed to be nonconforming as a result 9
of inconsistencies with the land development code and are located 10
within the Immokalee Urban Boundary as depicted on the 11
Immokalee Area Master Plan. 12
13
ii. The purpose of these provisions is to recognize that there are 14
nonconforming mobile homes on properties in the Immokalee 15
Urban Area and to establish a process to provide property owners 16
an official record acknowledging the permitted use of the property 17
and render existing mobile homes, and other structures, as lawful. 18
Travel trailers, regardless of the square footage, are not permitted 19
as a permanent habitable structure and may not seek relief under 20
this section. Properties that cannot meet the requirements may 21
pursue an agreement with the Board of County Commissioners to 22
establish compliance with the following regulations. 23
24
iii. Property owners shall file an application as provided for in the 25
Administrative Code, Chapter 4, Section I.3.a. - Immokalee 26
Nonconforming Mobile Home Sites - Existing Conditions Site 27
Improvement Plan and shall only be subject to the criteria, 28
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requirements, and process expressly stated in the Administrative 1
Code and this LDC section. 2
3
iv. The following criteria shall apply to the existing conditions site 4
improvement plan approval process and shall be reviewed by the 5
County Manager or designee. 6
7
a) Minimum separation requirements shall be consistent with 8
State Fire Marshal Rule 69A-42.0041 Fire Separation 9
Requirements. 10
11
b) The Fire authority having jurisdiction shall provide written 12
confirmation that either the existing fire hydrant(s) or a 13
supplemental apparatus, provided by the Fire District, can 14
supply the required fire flow needed for fire protection. 15
16
c) NFPA 501A: Standard for Fire Safety Criteria for 17
Manufactured Home Installations, Sites, and Communities 18
as referenced in FAC 69A-60.005. 19
20
v. Once the existing conditions site improvement plan is approved, 21
owners may replace mobile home units with an approved building 22
permit at sites shown on the site plan. Replacement units may be 23
larger than the removed unit, so long as the minimum separation 24
standards established in LDC section 2.03.06 G.6.c.i are met. 25
26
a) Where properties currently exceed the density allowed for 27
by the zoning district, the approved existing conditions site 28
improvement plan shall establish the maximum density on 29
the property which shall not exceed the density of the 30
property as depicted on the Property Appraiser aerial maps 31
dated before February 2016. All lots and units shall be 32
consistent with the approved existing conditions site 33
improvement plan. 34
35
b) Where the zoning district allows for additional density, new 36
mobile home units may be added and shall be identified on 37
the site plan. New mobile homes shall be subject to the 38
dimensional standards established in LDC section 4.02.33. 39
40
4. Table of uses. 41
42
a. The Table of Uses identifies uses as permitted uses (P) or Conditional 43
Uses (CU). Conditional uses shall require approval in accordance with the 44
procedures set forth in LDC section 10.08.00. 45
46
b. Table 1. In addition to the uses allowed by the underlying zoning district, 47
all properties within the IUAOD shall be allowed the following uses: 48
49
50
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Use Category MSOS SR29OS LROS JACOS AFOS IMCOS
All Business Park (BP) district
uses
P
All Heavy Commercial (C-5)
district uses
P
All Research and Technology
Park PUD (RTPPUD) uses
P
Drive through areas CU2 CU5 P4 P4
Agricultural Uses
Agricultural outdoor sales1 P P P P
Crop preparation services for
market, except cotton ginning
(0723)
P1 P
Petroleum bulk stations and
terminals (5171)
P P P
Petroleum and petroleum
products wholesalers, except
bulk stations and terminals
(5172 - gasoline: buying in bulk
and selling to farmers-wholesale
only)
P P P
Commercial Uses
Arrangement of passenger
transportation (4724-4729)
P P
Auctioneering services, auction
rooms (7389, 5999)
CU CU CU
Auto and home supply stores
(5531 installation)
CU2 P
Automobile parking (7521) CU2 P
Automotive dealers, not
elsewhere classified (5599)
CU2 P
Automotive rental and leasing,
without drivers (7514, 7515)
CU2 P
Boat dealers (5551) CU P
Carwashes (7542) CU2 P
Eating and drinking places
(5812, 5813) All establishments
engaged in the retail sale of
alcoholic beverages for on-
premise consumption are
subject to the locational
requirements of LDC section
5.05.01.
P4 P
Equipment rental and leasing
(7359)
P P
Farm-product raw materials
(5153-5159)
P P P P
Gasoline service stations (5541) CU2 P
Hotels and motels (7011) P P P
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Intercity and rural bus
transportation (4131)
CU CU CU CU
Motor vehicle dealers, new and
used (5511, 5521)
CU2 P
Motorcycle dealers (5571) CU2 P
Radio and television repair
shops (7622 - automotive radio
repair shops only)
CU2
Recreational vehicle dealers
(5561)
CU2 P
Repair shops and related
services (7699)
P3 P3 P3
Terminal and service facilities
for motor vehicle passenger
transportation (4173)
CU CU CU CU CU CU
Veterinary services (0741 and
0742, excluding outdoor
kenneling)
P CU
Wireless communication
facilities
CU CU
Industrial Uses
Arrangement of transportation
freight and cargo (4731)
P P
Electric, gas, and sanitary
services (4911-4971)
P CU
Farm product warehouse and
storage (4221)
P CU
General warehousing and
storage (4225)
CU2 P P P
Guided missiles and space
vehicles and parts (3761-3769)
P
Local and suburban transit and
interurban highway passenger
transportation (4111-4121,
4141-4151)
CU CU CU CU CU CU
Miscellaneous services
incidental to transportation
(4783, 4789)
P P
Miscellaneous transportation
equipment (3792-3799)
P
Motorcycles, bicycles, and parts
(3751)
P
Motor vehicles and motor
vehicle equipment (3714, 3716)
P
Outdoor storage yards CU2 P P P
Refrigerated warehousing and
storage (4222)
P CU
Rental of railroad cars (4741) P P
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Ship and boat building and
repairing (3731, 3732)
P
Special warehousing and
storage (4226)
P CU
Transportation by air (4512-
4581)
P P
Trucking and courier services,
except air (4212-4215)
P CU
Vocational schools (8243-8249) P P
Wholesale trade (5148) P P P
1
1 Outdoor sales of agricultural products are permitted on improved or unimproved properties 2
provided the applicant submits a site development plan which demonstrates that provisions 3
will be made to adequately address the following: 4
5
i. Vehicular and pedestrian traffic safety measures. 6
ii. Parking for undeveloped properties will be calculated at a rate of 1/250 square feet 7
of merchandise area. A maximum of 10 percent of the parking required by LDC 8
section 4.05.04 may be occupied or otherwise rendered unusable by the 9
placement of temporary structures, equipment, signs, and merchandise. The 10
minimum number of disabled parking spaces pursuant to LDC section 4.05.07 11
shall be required. 12
iii. Limited hours of operation. 13
iv. Fencing, lighting. 14
v. Fire protection measures. 15
vi. Sanitary facilities. 16
vii. The applicant shall provide a notarized letter from the property owner granting 17
permission to utilize the subject property for agricultural outdoor sales. 18
viii. The placement of one (1) sign, a maximum of thirty -two (32) square feet, or two 19
(2) such signs for properties containing more than one (1) street frontage shall be 20
permitted. 21
ix. Agricultural products may be sold from a vehicle provided that the vehicle is not 22
located in the road right -of -way. 23
x. Agricultural products may be displayed within any front yard provided it does not 24
adversely affect pedestrian or vehicular traffic or public health or safety and is not 25
located within the road rights -of -way. 26
xi. A minimum 5-foot landscape buffer comprised of a 5’ high shrub, 4’ on center shall 27
be required adjacent to any road rights -of-way. See Table 1 of 4.02.27.B.4.c.v for 28
all other buffer requirements. 29
30
2 Permitted only on properties with frontage on North First Street, South First Street, and 31
North Ninth Street within the Main Street Overlay Subdistrict . 32
33
3 Limited to Agricultural equipment repair, industrial truck repair, machinery cleaning, repair 34
of service station equipment, tractor repair. 35
36
4 Permitted only when accessory to Gasoline Service Stations (5541) within the Loop Road 37
Overlay Subdistrict. 38
39
5 Conditional use applies unless allowed within the underlying zoning district. 40
41
c. Other Allowable Uses 42
43
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i. All agriculturally zoned lands within the IUAOD shall allow 1
agriculture research and development facilities, agri -business 2
offices and headquarters, and facilities, offices, headquarters and 3
apparatuses associated with an alternative energy use. 4
5
ii. All residentially zoned lands within the IUAOD shall allow small 6
agriculture-related business uses, such as fruit and vegetable 7
stands, and farmers markets, through the conditional use process. 8
9
d. Prohibited Uses. Main Street Overlay Subdistrict - All uses prohibited 10
within the underlying residential and commercial zoning districts contained 11
within this Subdistrict, and the following uses, shall be prohibited on 12
properties with frontage on Main Street in between First Street and Ninth 13
Street in the Main Street Overlay Subdistrict: 14
15
i. Automobile parking (7521) 16
ii. Automotive dealers (5511, 5521, 5531 installation, 5551, 5561, 17
5571, 5599). 18
iii. Facility with fuel pumps. 19
iv. Primary uses such as convenience stores and grocery stores are 20
prohibited from servicing and repairing vehicles in conjunction with 21
the sale of gasoline. 22
v. Automotive repair, services, parking (7514, 7515, 7521) and 23
carwashes (7542). 24
vi. Radio and television repair shops (7622 automotive). 25
vii. Outdoor storage yards and outdoor storage. 26
viii. Drive-through areas. 27
ix. Warehousing (4225). 28
x. Communication towers, as defined in LDC section 5.05.09, except 29
as otherwise permitted in this Subdistrict. 30
xi. Any other heavy commercial use which is comparable in nature with 31
the forgoing uses and is deemed inconsistent with the intent of this 32
Subdistrict shall be prohibited. 33
34
G. Immokalee Urban Overlay District. To create the Immokalee Urban Overlay District with 35
distinct subdistricts for the purpose of establishing development criteria suitable for the 36
unique land use needs of the Immokalee Community. The boundaries of the Immokalee 37
Urban Overlay District are delineated on the maps below. 38
39
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1
2
3 4
1. State Road 29 Commercial Overlay Subdistrict: Special conditions for the 5
properties abutting SR-29, as identified in the Immokalee Area Master Plan; 6
referenced on Map 2; and further identified by the designation "SR29COSD" on 7
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the applicable official Collier County Zoning Atlas Maps. The purpose of this 1
designation is to provide for retail, office, transient lodging facilities, and highway 2
commercial uses that serve the needs of the traveling public. These commercial 3
uses must be located on a major arterial or collector roadway. The provisions of 4
this subdistrict are intended to provide an increased commercial depth along SR -5
29 with development standards that will ensure coordinated access and 6
appropriate landscaping and buffering compatible with nearby residential 7
properties. 8
9
10
11
2. Jefferson Avenue Commercial Overlay Subdistrict: Special conditions for the 12
properties abutting Jefferson Avenue as identified in the Immokalee Area Master 13
Plan; referenced on Map 3; and further identified by the designation "JACOSD" on 14
the applicable official Collier County Zoning Atlas Maps. The purpose of this 15
designation is to provide for retail, office, transient lodging facilities and highway 16
commercial uses that serve the needs of the traveling public. These commercial 17
uses must be located on a major arterial or collector roadway. The provisions of 18
this subdistrict are intended to provide an increased commercial opportunity along 19
Jefferson Avenue with development standards that will ensure coordinated access 20
and appropriate landscaping and buffering to be compatible with nearby residential 21
properties.2-03-07-G-2 22
23
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1
2
3. Farm Market Overlay Subdistrict: Special conditions for the properties identified on 3
Map 4; and further identified by the designation "FMOSD" on the applicable official 4
Collier County Zoning Atlas Maps. The purpose of this designation is to provide for 5
wholesale and retail uses, outdoor agricultural product displays and sales areas, 6
truck parking, and packing houses and associated uses. The provisions of this 7
subdistrict are intended to provide retail and wholesale opportunities for 8
agricultural businesses as well as provide truck parking for agricultural sales but 9
not within roadways and rights-of-way. The development standards contained 10
herein have been designed to enhance and encourage development and 11
redevelopment. 12
13
a. Permitted uses: All permitted uses within the underlying zoning districts, 14
and the following uses, as identified in the Standard Industrial Classification 15
Manual (1987), are permitted as a right in this sub-district. 16
17
1. Agricultural Services (0723) 18
2. Wholesale Trade (5148) 19
3. Agricultural Outdoor Sales. Outdoor sales of agricultural products 20
are permitted on improved or unimproved properties provided the 21
applicant submits a site development plan which demonstrates that 22
provisions will be made to adequately address the following: 23
i. Vehicular and pedestrian traffic safety measures. 24
ii. Parking for undeveloped properties will be calculated at a 25
rate of 1/250 square feet of merchandise area. A maximum 26
of ten (10) percent of the parking required by section 4.05.04 27
of this LDC may be occupied or otherwise rendered 28
unusable by the placement of temporary structures, 29
equipment, signs, and merchandise. The minimum number 30
of disabled parking spaces pursuant to section 4.05.07 shall 31
be required. 32
iii. Limited hours of operation. 33
iv. Fencing, lighting. 34
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v. Fire protection measures. 1
vi. Sanitary facilities. 2
vii. The applicant shall provide a notarized letter from the 3
property owner granting permission to utilize the subject 4
property for agricultural outdoor sales. 5
viii. The placement of one (1) sign, a maximum of thirty-two (32) 6
square feet, or two (2) such signs for properties containing 7
more than one (1) street frontage shall be permitted. 8
ix. Agricultural products may be sold from a vehicle provided 9
that the vehicle is not located in the road right-of-way. 10
x. Agricultural products may be displayed within any front yard 11
provided it does not adversely affect pedestrian or vehicular 12
traffic or public health or safety and is not located within the 13
road rights-of-way. 14
xi. A minimum 5-foot landscape buffer shall be required 15
adjacent to any road rights-of-way. 16
4. Petroleum Bulk Stations and Terminals (5171) and Petroleum and 17
Petroleum Products Wholesalers, (5172 — gasoline: Buying in bulk 18
and selling to farmers — wholesale only) provided: 19
i. Separation requirements: There shall be a minimum 20
distance of 500 linear feet between the nearest points on 21
any lot or parcel of land containing such proposed 22
operations, and any lot or parcel which is already occupied 23
by such operation, of for which a building permit has been 24
issued. 25
ii. Waiver of separation requirements: The board of zoning 26
appeals may by resolution grant a waiver of part or all of the 27
minimum separation requirements set forth above pursuant 28
to section 10.08.00. 29
iii. Separation from residentially zoned lands: There shall be a 30
minimum distance of 500 linear feet from all residentially 31
zoned land. 32
iv. Maximum lot area: Two acres. 33
34
c. Accessory uses: 35
36
1. Uses and structures that are accessory and incidental to the 37
permitted uses. 38
39
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1
2
4. Agribusiness Overlay Subdistrict. Special conditions for the properties identified 3
on Map 5; and further identified by the designation "AOSD" on the applicable 4
official Collier County Zoning Atlas Maps. The purpose of this designation is to 5
provide for wholesale uses and agricultural packing houses and associated uses. 6
The provisions of this subdistrict are intended to provide additional lands for 7
agricultural related businesses and expansion opportunities for existing 8
agribusiness. The development standards contained herein have been designed 9
to permit consistent land uses within the AOSD boundary. 10
11
a. Permitted uses: All permitted uses within the underlying zoning districts, 12
and the following uses, as identified in the Standard Industrial Classification 13
Manual (1987), are permitted as a right in this sub-district. 14
15
1. Agricultural Services (0723) 16
17
2. Wholesale Trade (5148) 18
19
b. Accessory uses. 20
21
1. Uses and structures that are accessory and incidental to the 22
permitted uses. 23
24
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1
2
5. Main Street Overlay Subdistrict. Special conditions for the properties identified in 3
the Immokalee Area Master Plan; referenced on Map 7; and further identified by 4
the designation "MSOSD" on the applicable official Collier County Zoning Atlas 5
Maps. The purpose of this designation is to encourage development and 6
redevelopment by enhancing and beautifying the downtown Main Street area 7
through flexible design and development standards. 8
9
a. Permitted uses. For all properties within the Main Street Overlay 10
Subdistrict, except for properties hatched as indicated on Map 7, the Main 11
Street Overlay Subdistrict, all permitted uses within the uses within the 12
underlying zoning districts contained within this Subdistrict, and the 13
following uses may be permitted as of right in this Subdistrict: 14
15
1. Hotel and motels (7011) 16
17
2. Communication towers, as defined in section 5.05.09, subject to the 18
following: 19
20
i. Such tower is an essential service use as defined by 21
subsection 2.01.03 A.4; and 22
23
ii. Such tower may not exceed a height of 75 feet above grade 24
including any antennas attached thereto. 25
26
b. Permitted uses. For hatched properties within the Main Street Overlay 27
Subdistrict, all permitted uses within the underlying zoning districts 28
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contained within this Subdistrict, and the following uses are permitted as of 1
right in this Subdistrict: 2
3
1. All uses allowed in the Commercial Professional District (C -1), of 4
this Code, except for group 7521. 5
6
2. Communication towers, as defined in section 5.05.09 subject to the 7
following: 8
9
i. Such tower is an essential service use as defined by 10
subsection 2.01.03 A.4; and 11
12
ii. Such tower may not exceed a height of 75 feet above grade 13
including any antennas attached thereto. 14
15
c. Prohibited uses. All uses prohibited within the underlying residential and 16
commercial zoning districts contained within this Subdistrict, and the 17
following uses, shall be prohibited on properties with frontage on Main 18
Street in between First Street and Ninth Street in the Main Street Overlay 19
Subdistrict: 20
21
1. Automobile parking (7521). 22
23
2. Automotive dealers (5511, 5521, 5531 installation, 5551, 5561, 24
5571, 5599). 25
26
3. Facility with fuel pumps. 27
28
4. Primary uses such as convenience stores and grocery stores are 29
prohibited from servicing and repairing vehicles in conjunction with 30
the sale of gasoline. 31
32
5. Automotive repair, services, parking (7514, 7515, 7521) and 33
carwashes (7542). 34
35
6. Radio and television repair shops (7622 automotive). 36
37
7. Outdoor storage yards and outdoor storage. 38
39
8. Drive-through areas. 40
41
9. Warehousing (4225). 42
43
10. Communication towers, as defined in section 5.05.09 of this Code, 44
except as otherwise permitted in this Subdistrict. 45
46
11. Any other heavy commercial use which is comparable in nature with 47
the forgoing uses and is deemed inconsistent with the intent of this 48
Subdistrict shall be prohibited. 49
50
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d. Accessory uses. 1
2
1. Uses and structures that are accessory and incidental to the 3
permitted uses as of right in the underlying zoning districts 4
contained within this subdistrict and are not otherwise prohibited by 5
this subdistrict. 6
7
2. Communication towers, as defined in section 5.05.09 subject to the 8
following: 9
10
i. Such tower is an essential service use as defined by 11
subsection 2.01.03 A.4.; and 12
13
ii. Such tower may not exceed a height of 75 feet above grade 14
including any antennas attached thereto. 15
16
e. Conditional uses. 17
18
1. Conditional uses of the underlying zoning districts contained within 19
the subdistrict, subject to the standards and procedures established 20
in LDC section 10.08.00 and as set forth below: 21
22
i. Local and suburban passenger transportation (4131, 4173) 23
located upon commercially zoned properties within the Main 24
Street Overlay Subdistrict. 25
26
ii. Communication towers, as defined in section 5.05.09 of this 27
Code for essential service uses as defined by subsection 28
2.01.03 A.4 that exceed a height of 75 feet above grade 29
including any antennas attached thereto. 30
31
iii. The following conditional uses may be permitted only on 32
properties with frontage on North First Street, South First 33
Street, and North Ninth Street within the Main Street Overlay 34
Subdistrict: 35
36
a. Automobile parking (7521). 37
38
b. Automotive dealers (5511, 5521, 5531 installation, 39
5551, 5561, 5571, 5599). 40
41
c. Facility with fuel pumps. 42
43
d. Automotive repair, services, parking (7514, 7515, 44
7521) and carwashes (7542). 45
46
e. Radio and television repair shops (7622 47
automotive). 48
49
f. Outdoor storage yards and outdoor storage. 50
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1
g. Drive-through areas. 2
3
h. Warehousing (4225). 4
5
i. Communication towers, as defined in LDC 6
section 5.05.09, except as otherwise 7
permitted in this Subdistrict. 8
9
f. Special requirements for outdoor display and sale of merchandise. 10
11
i. Outdoor display and sale of merchandise, within the front and side 12
yards on improved properties, are permitted subject to the following 13
provisions: 14
15
a) The outdoor display/sale of merchandise is limited to the 16
sale of comparable merchandise sold on the premises and 17
is indicated on the proprietors' occupational license. 18
19
b) The outdoor display/sale of merchandise is permitted on 20
improved commercially zoned properties and is subject to 21
the submission of a site development plan that 22
demonstrates that provisions will be made to adequately 23
address the following: 24
25
i) Vehicular and pedestrian traffic safety measures. 26
27
ii) Location of sale/display of merchandise in relation to 28
parking areas. 29
30
iii) Fire protection measures. 31
32
iv) Limited hours of operation from dawn until dusk. 33
34
ii. Outdoor display and sale of merchandise within the sidewalk area 35
only shall be permitted in conjunction with "Main Street" approved 36
vendor carts, provided the applicant submits a site development 37
plan which demonstrates that provisions will be made to adequately 38
address the following: 39
40
a) Location of sale/display of merchandise in relation to road 41
rights-of-way; 42
43
b) Vendor carts are located on sidewalks that afford the 44
applicant a five (5) foot clearance for non-obstructed 45
pedestrian traffic; and 46
47
c) Limited hours of operation from dawn until dusk. 48
49
50
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1 2
6. Nonconforming Mobile Home Site Overlay Subdistrict. Establishment of special 3
conditions for these properties which by virtue of actions preceding the adoption 4
of Ordinance No. 91-102, on October 30, 1991, were deemed to be nonconforming 5
as a result of inconsistencies with the land development code, and are located 6
within the Immokalee Urban Boundary as depicted on the Immokalee Area Master 7
Plan. 8
9
a. Purpose and intent. The purpose of these provisions is to recognize that 10
there are nonconforming mobile homes on properties in the Immokalee 11
Urban Area and to establish a process to provide property owners an 12
official record acknowledging the permitted use of the property and render 13
existing mobile homes, and other structures, as lawful. Travel trailers, 14
regardless of the square footage, are not permitted as a permanent 15
habitable structure and may not seek relief under this section. Properties 16
that cannot meet the requirements may pursue an agreement with the 17
Board of County Commissioners to establish compliance with this LDC 18
section 2.03.07 G.6. 19
20
b. Application requirements. Property owners shall file an application as 21
provided for in the Administrative Code, Chapter 4, Section I.3.a. - 22
Immokalee Nonconforming Mobile Home Sites - Existing Conditions Site 23
Improvement Plan and shall only be subject to the criteria, requirements, 24
and process expressly stated in the Administrative Code and this LDC 25
section. 26
27
c. Criteria for review. The following criteria shall apply to the existing 28
conditions site improvement plan approval process and shall be reviewed 29
by the County Manager or designee. 30
31
i. Minimum separation requirements shall be consistent with State 32
Fire Marshal Rule 69A-42.0041 Fire Separation Requirements. 33
34
ii. The Fire authority having jurisdiction shall provide written 35
confirmation that either the existing fire hydrant(s) or a 36
supplemental apparatus, provided by the Fire District, can supply 37
the required fire flow needed for fire protection. 38
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1
iii. NFPA 501A: Standard for Fire Safety Criteria for Manufactured 2
Home Installations, Sites, and Communities as referenced in FAC 3
69A-60.005. 4
5
d. Density. Once the existing conditions site improvement plan is approved, 6
owners may replace mobile home units with an approved building permit 7
at sites shown on the site plan. Replacement units may be larger than the 8
removed unit, so long as the minimum separation standards established in 9
LDC section 2.03.06 G.6.c.i are met. 10
11
i. Where properties currently exceed the density allowed for by the 12
zoning district, the approved existing conditions site improvement 13
plan shall establish the maximum density on the property which 14
shall not exceed the density of the property as depicted on the 15
Property Appraiser aerial maps dated before February 2016. All lots 16
and units shall be consistent with the approved existing conditions 17
site improvement plan. 18
19
ii. Where the zoning district allows for additional density, new mobile 20
home units may be added and shall be identified on the site plan. 21
New mobile homes shall be subject to the dimensional standards 22
established in LDC section 4.02.33. 23
24
7. Interim Deviations: Property owners within the Immokalee Urban Overlay District 25
may request deviations from specific dimensional requirements as described in 26
this section. A deviation request may be reviewed administratively or by the 27
Planning Commission depending upon its scope. This section addresses the 28
permissible deviations, limitations thereon, and the review process. 29
30
a. Review Process. Insubstantial deviations will be reviewed administratively 31
by the County Manager or designee. Substantial deviations will be 32
reviewed by the Planning Commission. This section is not intended to 33
replace the current established process of requesting deviations through 34
the PUD rezoning process. Any deviations from the LDC which are not 35
expressly provided for in this section shall be processed as variances in 36
accordance with Section 9.04.00 of the LDC. 37
38
b. Concurrent Deviation Application required. All deviation requests shall be 39
made concurrently with an application for an SDP or amendment, SIP or 40
amendment or Final Subdivision Plat, or in the case of sign deviations, with 41
a building permit. The applicant shall list all requested deviations on the 42
required site plan(s), and shall depict the deviation(s) graphically on the 43
plan(s). Additional graphic information may also be required by staff, on a 44
case-by case basis. 45
46
c. Insubstantial Deviations. Requested deviations that do not exceed 10 47
percent of the required dimension, amount, size, or other applicable 48
dimensional standard, with the exception of the required number of parking 49
spaces, which may not exceed 20 percent of the LDC requirement (not 50
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more than 10 spaces), are insubstantial. To be approved, the following 1
criteria must be considered: 2
3
i. The proposed deviation is compatible with adjacent land uses and 4
structures, achieves the requirements of the regulations as closely 5
as is practicable, and meets the intent of the related Land 6
Development Code regulations; and 7
8
ii. The applicant proposes equitable tradeoffs for the proposed 9
diminution in development standards, such as increased open 10
space, landscaping, pedestrian spaces, buffering or architectural 11
features, in order to meet the intent of the regulation being 12
diminished. 13
14
d. Substantial Deviations. Requested deviations that do not qualify as 15
insubstantial deviations are substantial deviations: 16
17
i. Considerations for Review and Approval: The CCPC shall consider 18
the following: 19
20
a) Whether or not the proposed deviation is compatible with 21
adjacent land uses and achieves the requirements and/or 22
intent of the regulations as closely as is practicable; and 23
24
b) Whether the proposed deviation is the minimum amount 25
necessary to allow for reasonable use of the property and/or 26
address the issue necessitating the deviation request; and 27
28
c) Whether the reduced or increased standard requested by 29
the deviation is mitigated for, either on the subject site or by 30
providing a public benefit on the subject site. Examples of 31
such on-site mitigation include but are not limited to: 32
increasing setbacks from the adjacent road right-of-way 33
when proposing to deviate from sign size limitations; 34
increasing plantings or planting sizes or installing a fence or 35
wall where a reduced buffer width is proposed; providing 36
public pedestrian and/or bicycle pathway easements or 37
other similar mobility improvements including transit 38
enhancements; providing public parking; providing 39
beautification in the public realm, including street trees, 40
street furniture, lighting and other similar public benefits. 41
42
e. Applicability - List of Development Standards Eligible for Deviation 43
Requests. Property owners shall be eligible to seek a deviation from the 44
dimensional requirements of the following LDC sections, unless otherwise 45
noted. 46
47
i. 2.03.01 Agricultural Zoning Districts, limited to subsection A.1.b.4.ii. 48
49
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ii. 2.03.03 Commercial Zoning Districts, limited to the following 1
subsections: 2
3
a) A.1.c.11.vii. limited to a maximum of three stories, viii., and 4
ix.; and 5
6
b) E.1.c.4.iv. 7
8
iii. 2.03.04 Industrial Zoning Districts, limited to subsection A.1.c.2.iv., 9
minimum lot area only. 10
11
iv. 3.05.07 B.1 Preservation Standards, Specific Standards Applicable 12
Outside the RMFU and RLSA districts, Required Preservation 13
Percentages (Table 1 inset). 14
15
v. 4.02.01 A Dimensional Standards for Principal Uses in Base Zoning 16
Districts: 17
18
a) Table 1. Lot Design Requirements for Principal Uses in 19
Base Zoning Districts; 20
21
b) Table 2. Building Dimension Standards for Principal Uses in 22
Base Zoning Districts, excluding building height and in the 23
case of commercial parcels, no deviation shall be granted, 24
for new development, from the required 50-foot building 25
setback when abutting residentially zoned properties, or 26
from the minimum 10-foot wide landscaped strip between 27
the abutting road right-of-way and the off-street parking area 28
for new development, but deviations from these 29
requirements may be considered in the case of 30
redevelopment where existing structures and/or 31
encroachments are proposed to remain; 32
33
c) Table 2.1 - Table Of Minimum Yard Requirements 34
(Setbacks) for Base Zoning Districts. 35
36
vi. 4.02.02 Dimensional Standards for Conditional Uses and 37
Accessory Uses in Base Zoning Districts, limited to subsection E 38
(Table Inset), except building height. 39
40
vii. 4.02.03 Specific Standards for Location of Accessory Buildings and 41
Structures, Dimensional Standards, except that in the case of new 42
development on commercial parcels, no deviation shall be granted 43
from the required 50-foot building setback when abutting 44
residentially zoned properties, or from the minimum 10-foot wide 45
landscaped strip between the abutting road right-of-way and the off-46
street parking area. Deviations from these requirements may be 47
considered in the case of redevelopment where existing structures 48
and/or encroachments are proposed to remain. 49
50
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viii. 4.02.03 B Accessory Building Lot Coverage. 1
2
ix. 4.02.27 C Specific Design Standards for the Immokalee—State 3
Road 29A Commercial Overlay Subdistrict, Building Design 4
Standards. 5
6
x. 4.02.28 A Same—Jefferson Avenue Commercial Overlay 7
Subdistrict, Building Design Standards. 8
9
xi. 4.02.29 A Same—Farm Market Overlay Subdistrict, Dimensional 10
Standards. 11
12
xii. 4.02.32 Same—Main Street Overlay Subdistrict, limited to the 13
following subsections: A.; C.1; D.3 and D.4; and E.1, E.2, and 14
E.3.xiii. 4.05.04 G (Spaces Required) Table 17 and 4.05.06 B 15
Loading Space Requirements, utilizing the existing administrative 16
deviation process set forth in LDC section 4.05.04 F.4., recognizing 17
that the reduced need for off-street parking in Immokalee may be 18
offered as a viable basis for such administrative deviation. 19
20
xiv. 4.06.02 C Buffer Requirements (limited to required width) except 21
that in the case of new development on commercial parcels, no 22
deviation shall be granted from the required 50-foot building 23
setback when abutting residentially zoned properties, or from the 24
minimum 10-foot wide landscaped strip between the abutting road 25
right-of-way and the off-street parking area. Deviations from these 26
requirements may be considered in the case of redevelopment 27
where existing structures and/or encroachments are proposed to 28
remain. 29
30
xv. 4.06.03 B Landscaping Requirements for Vehicular Use Areas and 31
Rights-of-Way, Standards for Landscaping in Vehicular Use Areas. 32
33
xvi. 4.06.05 B General Landscaping Requirements, Landscaping 34
requirements for industrial and commercial development, limited to 35
subsection B.3. 36
37
xvii. 4.06.05 C General Landscaping Requirements, Building 38
Foundation Planting Requirements (including Table Inset). 39
40
xviii. 5.05.08 C Architectural and Site Design Standards, Building Design 41
Standards. Deviations from non-dimensional provisions of this 42
section are also allowed as substantial deviations. 43
44
xix. 5.05.08 D Design Standards for Specific Uses. Deviations from 45
non-dimensional provisions of this section are also allowed as 46
substantial deviations. 47
48
xx. 5.05.08 E Architectural and Site Design Standards, Site Design 49
Standards, limited to subsections 1.b; 2; 3; 4; 5 and 7. Deviations 50
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from non-dimensional provisions of this section are also allowed as 1
substantial deviations. Note: Nothing in LDC section 5.05.08, 2
Architectural and Site Design Standards, shall be deemed to 3
prohibit the use of murals on exterior walls of commercial buildings 4
in the Immokalee Urban Overlay District, provided that: 1) such 5
murals are reviewed and accepted by the Collier County 6
Redevelopment Agency staff; and 2) such murals do not contain 7
text for the purpose of advertising any business or commercial 8
activity. 9
10
xxi. 5.06.04 Development Standards for Signs in Nonresidential 11
Districts, limited to subsection F. 12
13
f. Duration of these provisions. These provisions are interim in nature and will 14
be in effect until the effective date of Comprehensive Immokalee Overlay 15
LDC amendments. 16
17
g. Public Notice. Public notice, including signage, notice to property owners 18
and an advertised public hearing, is required for substantial deviation 19
requests and shall be provided in accordance with the applicable provisions 20
of Section 10.03.05 B, for Variances. 21
22
h. Appeals. Within 30 days of the issuance of the decision of staff or of the 23
CCPC, the owner or any aggrieved person may appeal the decision to the 24
Board of Zoning Appeals pursuant to Section No. 250-58 of the Codes of 25
Laws and Ordinances. 26
27
* * * * * * * * * * * * * 28
# # # # # # # # # # # # # 29
30
4.02.27 - Architectural and Site Design Standards for the Immokalee Urban Area Overlay 31
District (IUAOD) Specific Design Standards for the Immokalee—State Road 29A 32
Commercial Overlay Subdistrict 33
34
A. General. 35
36
1. The provisions of LDC section 4.02.27 shall apply to all new non-residential 37
buildings and projects within the IUAOD. This section also applies to existing 38
buildings where any addition or renovation will result in a change to more than 75 39
percent of the façade area, or the addition or renovation exceeds 50 percent of the 40
square footage of the gross area of the existing building(s). 41
42
2. Residential uses shall be regulated by the underlying zoning districts and 43
applicable development standards. 44
45
3. LDC section 4.02.27 replaces and supersedes LDC section 5.05.08 Architectural 46
and Design Standards. When conflicts arise between LDC section 4.02.27 47
standards and other code sections, LDC section 4.02.27 standards shall govern. 48
49
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4. Nonconforming buildings approved for use and occupancy prior to November 10, 1
2004, shall not be enlarged or altered in a way which increases the nonconformity. 2
All alterations or façade improvements to nonconforming buildings shall be 3
consistent with LDC section 4.02.27 and shall be reviewed for compliance by the 4
County Manager or designee; however, unaltered portions of the nonconforming 5
building will not be required to comply. 6
7
5. Exceptions. 8
9
a. A historic site, structure, building, district, or property that has been 10
identified and documented as being significant in history, architecture, 11
archaeology, engineering, or culture and is registered through the National 12
Register of Historic Places. 13
14
b. The Rural Agricultural (A) zoning district as established in the Zoning Atlas. 15
16
c. Façades facing an interior courtyard provided the façades are not visible 17
from any public property (e.g., street, right -of-way, sidewalk, alley), interior 18
drive, parking lot, or adjacent private property. 19
20
d. The following shall be exempt from the standards of LDC section 4.02.27 21
Architectural and Site Design Standards for the IUAOD. The expanded 22
selection of exterior materials and color included in LDC section 4.02.27 23
B.2.k. for the IUAOD shall apply. 24
25
i. Routine repairs and maintenance of an existing building. 26
27
ii. Public utility ancillary systems provided that a building shall not 28
have any wall planes exceeding 35 feet in length, excluding storage 29
tanks, or have an actual building height greater than 18 feet, 30
excluding storage tanks and communications equipment. See LDC 31
section 4.06.05 B.4 for screening requirements of fences and walls 32
surrounding public utility ancillary systems. 33
34
e. Agribusiness/Farm Market Overlay Subdistrict (AFOS). 35
36
i. The following uses, located within the AFOS and as identified in the 37
Standard Industrial Classification Manual, are exempt from the 38
provisions set forth in LDC section 4.02.27. 39
40
a) Agricultural Services (0723). 41
42
b) Wholesale Trade (5148). 43
44
c) Agricultural Outdoor Sales. 45
46
B. Immokalee Urban Area Overlay District (IUAOD). 47
48
1. Architectural styles. The architectural styles which are present and encouraged 49
within IUAOD include, but are not limited to, the following: 50
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1
a. Spanish Vernacular. 2
3
i. Mediterranean style. Also known as Spanish Eclectic or Spanish 4
Colonial Revival. Characteristics typically include barrel tile, low-5
pitched roofs usually with little or no overhang, parapets, arches, 6
stucco, and asymmetrical façades. Buildings typically contain the 7
following: multi-level roofs composed of barrel tile (half cylinders) or 8
Spanish Tile (s-curved shape) in red and earth tones, façade of 9
stucco with sand finish or hand troweled, arched windows (some 10
triple-arched), ornamentation contain full arches and patterned tiles 11
or single tile for accent. 12
13
ii. Mission style. Influenced by the Spanish Colonial Style. 14
Characteristics typically include barrel tile roofs, arches, earth tone 15
colors, and asymmetrical façades finished in stucco. Similar to the 16
Mediterranean Style but exhibiting much less ornamentation and 17
detailing. Mission Style buildings typically contain flat roof with 18
curvilinear parapets are most common, Barrel Tile (half cylinders) 19
or Spanish Tile (s-curved shape), stucco with sand finish or hand 20
troweled, and ornamentation containing full arches. 21
22
b. Frame Vernaculars. Also known as Florida Cracker or Key West Style. 23
Some frame vernacular buildings in Florida exhibit a Caribbean influence, 24
while others are more utilitarian or rural in nature. Most familiar elements 25
of this style are the use of horizontal siding for façade finish, elaborate 26
wood balustrades, large porches, and metal roofs. Buildings typically 27
contain metal roof (5v panels or narrow standing seam), lapped siding with 28
corner boards (wood or vinyl) and ornamentation of gable end or eave 29
brackets. 30
31
c. Contemporary. Contemporary architecture focuses on innovation while 32
being in harmony with nature through the use of clean geometric lines and 33
elements such as openness both in interiors and to the outside, natural 34
light, eco-friendly materials and creative styles. This is achieved through 35
the use of a range of building materials such as concrete, glass, wood, and 36
metals. 37
38
2. Building Design Standards. 39
40
a. Building façades. The following standards apply to all non-residential 41
buildings that are subject to LDC section 4.02.27, except as noted above. 42
43
i. All primary façades of a building must be designed with consistent 44
architectural style, detail, and trim features. 45
46
ii. Buildings or projects located at the intersection of two or more 47
arterial or collector roads shall include design features to 48
emphasize their location as gateways and transition points within 49
the community. 50
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1
b. Principal entrance façade standards. 2
3
i. Building entrance. Buildings located along a public or private street 4
must be designed with the principal entrance clearly defined, and 5
with convenient access from both parking and the street. 6
7
ii. Design features. The design of principal entrance façades must 8
include, at a minimum, three of the following design features. 9
However, a minimum of two of the following design features is 10
required for buildings less than 5,000 square feet. 11
12
a) Glazing covering a minimum of 25 percent of the principal 13
entrance façade area, consisting of window and/or glazed 14
door openings. As an alternative, trellis or latticework on the 15
principal entrance façade used as a support for climbing 16
plants may count for up to 50 percent of the window area on 17
principal entrance facades. The planting area shall be an 18
irrigated bed three (3) feet in depth and a minimum width 19
equal to the width of the trellis with three (3)-gallon vines at 20
three (3) feet on center at time of installation. Climbing 21
plants shall achieve 80 percent opacity on the trellis within 22
one year. 23
24
b) Projected or recessed covered principal entrance facades 25
providing a minimum horizontal dimension of eight feet and 26
a minimum area of 100 square feet. In addition, a minimum 27
of 15 percent of the principal entrance façade area must be 28
devoted to window and/or glazed door openings. 29
30
c) Covered walkway, or arcade (excluding canvas type) 31
constructed with columns at least eight (8) inches wide, 32
attached to the building, or located no more than 12 feet 33
from the building. The structure must be permanent, and its 34
design must relate to the principal structure. The minimum 35
width must be six (6) feet, with a total length measuring a 36
minimum of 40 percent of the length of the associated 37
façade. In addition, a minimum of 15 percent of the principal 38
entrance façade area must be devoted to window and/or 39
glazed door openings. 40
41
d) Awnings located over doors, windows, or other ornamental 42
design features projecting a minimum of two (2) feet from 43
the principal entrance façade wall and a width totaling a 44
minimum of 25 percent of the principal entrance façade 45
length. In addition, a minimum of 15 percent of the principal 46
entrance façade area must be devoted to window and/or 47
glazed door openings. 48
49
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e) Porte-cochere with a minimum horizontal dimension of 18 1
feet. In addition, a minimum of 15 percent of the principal 2
entrance façade area must be devoted to window and/or 3
glazed door openings. 4
5
f) A tower element such as but not limited to a clock or bell 6
tower element. In addition, a minimum of 15 percent of the 7
principal entrance façade area must be devoted to window 8
and/or glazed door openings. 9
10
g) Trellis or latticework covering a minimum of 15 percent of 11
the principal entrance façade and used as a support for 12
climbing plants. The planting area shall be an irrigated bed 13
three (3) feet in depth and a minimum width of the trellis with 14
three (3)-gallon vines at three (3) feet on center at time of 15
installation and climbing plants shall achieve 80 percent 16
opacity on the trellis within one year. This provision shall not 17
be utilized with the alternative design feature identified in 18
LDC section 4.02.27 B.2.b.ii.a. 19
20
h) Entry plaza to the building with a minimum 100 square feet 21
in area that includes seating. In addition, a minimum of 15 22
percent of the primary façade area must be devoted to 23
window and/or glazed door openings. 24
25
i) Entry courtyard contiguous with the building entry and 26
connected to the principal entrance façade consisting of a 27
defined space with a minimum area of 300 square feet. The 28
courtyard may be any combination of hard or softscape with 29
walkways and defined hard edge, decorative fencing, or a 30
minimum three (3)-foot wall(s). In addition, a minimum of 15 31
percent of the principal entrance façade area must be 32
devoted to window and/or glazed door openings. 33
34
j) For mixed use development projects within C-1 through C-35
3 zoning districts the following architectural options are 36
available in addition to the list of required design features 37
contained above: 38
39
i) Open arcade or covered walkway with a minimum 40
depth of eight (8) feet and a minimum length of 60 41
percent of the façade. 42
43
ii) A building recess or projection of the first floor with 44
minimum depth of eight (8) feet and total minimum 45
length of 60 percent of the façade length. 46
47
iii) Architectural elements such as balconies and bay 48
windows with a minimum depth of three (3) feet and 49
that cover a minimum of 30 percent of the façade 50
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above the first floor. (Storm shutters, hurricane 1
shutters, screen enclosures or any other 2
comparable feature, if applied as part of the 3
structure, must also comply with the required 4
minimum depth). 5
6
c. Façade/wall height transition elements. 7
8
i. Purpose. The intent of this section is to ensure that the proposed 9
buildings relate in mass and scale to the immediate streetscape and 10
the adjacent built environment. 11
12
ii. Applicability. Transitional massing elements must be provided on 13
proposed buildings that are twice the height or more of any existing 14
building within 150 feet, as measured from the edge of the proposed 15
building. 16
17
iii. Design standards. 18
19
a) Transitional massing elements can be no more than 100 20
percent taller than the average height of the adjacent 21
buildings, but no more than 30 feet, and no less than ten 22
(10) feet above the existing grade. 23
24
b) Transitional massing elements must be incorporated for a 25
minimum of 60 percent of the length of the façade, which is 26
in part or whole within the 150 feet of an existing building. 27
28
c) Transitional massing elements include, but are not limited 29
to, wall plane changes, roofs, canopies, colonnades, 30
balconies, other similar architectural features, with the 31
minimum depth for projections and recesses relative to the 32
building size, and must meet the following requirements: 33
34
i) For buildings consisting of 20,000 square feet or 35
larger in gross building area, projections and 36
recesses must have a minimum depth of six (6) feet. 37
38
ii) For buildings between 10,000 and 19,999 square 39
feet in gross building area, projections and recesses 40
must have a minimum depth of four (4) feet. 41
42
iii) For buildings up to 9,999 square feet in gross 43
building area, projections and recesses must have a 44
minimum depth of two (2) feet. 45
46
d. Variation in massing. A single, large, dominant building mass must be 47
avoided. Changes in mass must be related to entrances, the integral 48
structure and the organization of interior spaces and activities, and not 49
merely for cosmetic effect. False fronts or parapets create insubstantial 50
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appearance and are discouraged. All façades, excluding courtyard area, 1
shall be designed to employ the design treatments listed below. 2
3
i. Projections and recesses. 4
5
a) For buildings 20,000 square feet or larger in floor area, a 6
maximum length, or uninterrupted curve of any façade, at 7
any point, shall not exceed 125 linear feet. Projections and 8
recesses must have a minimum depth of six (6) feet within 9
the 125 linear feet limitation. 10
11
b) For buildings between 10,000 and 19,999 square feet in 12
floor area, a maximum length, or uninterrupted curve of any 13
façade, at any point, shall not exceed 100 linear feet. 14
Projections and recesses must have a minimum depth of 15
four (4) feet within the 100 linear feet limitation. 16
17
c) For buildings between 5,000 and 9,999 square feet in floor 18
area, a maximum length, or uninterrupted curve of any 19
façade, at any point, shall not exceed 75 linear feet. 20
Projections and recesses must have a minimum depth of 21
two (2) feet within the 75 linear feet limitation. 22
23
d) For buildings less than 5,000 square feet in floor area, a 24
maximum length, or uninterrupted curve of any façade, at 25
any point, shall not exceed 50 linear feet. Projections and 26
recesses must have a minimum depth of one and a half (1.5) 27
feet, and a minimum total width of 20 percent of the façade 28
length. 29
30
Illustration - Measurement of projections and recesses. 31
32
33
34
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e. Wall Plane Changes. 1
2
i. Buildings subject to the projections or recesses depths required by 3
LDC section 4.02.27 A.1 must not have a single wall plane 4
exceeding 60 percent of each façade. 5
6
ii. If a building has a projection or recess of 40 feet or more, each is 7
considered a separate façade, and must meet the requirements for 8
wall plane changes in LDC section 4.02.27 B.2.e.i. 9
10
Illustration Wall Plane Percentages 11
12
13
14
f. Building design treatments. In addition to the principal entrance façade, the 15
following design treatments must be an integral part of the building's design 16
and integrated into the overall architectural style. Primary façades, other 17
than the principal entrance façade, must have at least four (4) of the 18
following building design treatments. However, a minimum of two (2) of the 19
following design treatments are required for buildings less than 5,000 20
square feet: 21
22
i. Canopies, porticos, or porte-cocheres, integrated with the building's 23
massing and style; 24
25
ii. Overhangs, minimum of three (3) feet; 26
27
iii. Colonnades or arcades, a minimum of eight (8) feet clear in width; 28
29
iv. Sculptured artwork; 30
31
v. Murals; 32
33
vi. Cornice minimum two (2) feet high with 12-inch projection; 34
35
vii. Peaked or curved roof forms; 36
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1
viii. Arches with a minimum 12-inch recess depth; 2
3
ix. Display windows; 4
5
x. Ornamental and structural architectural details, other than cornices, 6
which are integrated into the building structure and overall design ; 7
8
xi. Clock or bell tower, or other such roof treatment (i.e., dormers, 9
belvederes, and cupolas); 10
11
xii. Projected and covered entry, with minimum dimension of eight (8) 12
feet and the minimum area of 100 square feet; 13
14
xiii. Emphasized building base, minimum of three (3) feet high, with a 15
minimum projection from the wall of two (2) inches; 16
17
xiv. Additional roof articulation above the minimum standards; 18
19
xv. Curved walls; 20
21
xvi. Columns; 22
23
xvii. Pilasters; 24
25
xviii. Metal or tile roof material; 26
27
xix. Expressed or exposed structural elements; 28
29
xx, Additional glazing at a minimum of 15 percent beyond the code 30
minimum requirement; 31
32
xxi. Solar shading devices (excluding awnings) that extend a minimum 33
of 50 percent of the length of the building façade; 34
35
xxii. Translucent glazing at a minimum of 10 percent beyond the code 36
minimum glazing requirement; 37
38
xxiii. Glass block at a minimum of 10 percent beyond the code minimum 39
glazing requirement; or 40
41
xxiv. Where the optional design feature in LDC section 4.02.27 B.2.a. is 42
chosen and 85 percent of all exterior glazing within the first three 43
stories of the building have any of the following: 44
45
a) Low reflectance, opaque glazing materials (may include 46
spandrel glass with less than 15 percent reflectance); 47
48
b) Glass with visual patterns consisting of opaque points or 49
patterns etched into or applied to the exterior or interior 50
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surfaces with frit, frost, or film for single pane or insulated 1
glass. A maximum of two (2) inch spacing between 2
horizontal elements and a maximum of four (4) inch spacing 3
between vertical elements, with a minimum line or dot 4
diameter thickness of one-eighth (⅛) inch; 5
6
c) Glass with continuous etch or continuous frit on interior 7
surface, single pane, or insulated glass; or 8
9
d) External screens. 10
11
g. Window standards. 12
13
i. False or applied windows are allowed but shall not be included in 14
the glazing requirement for principal entrance façades. 15
16
ii. Spandrel panels in curtain wall assemblies are allowed and shall be 17
included in the minimum glazing required for principal entrance 18
façades. 19
20
h. Additional standards for outparcels and freestanding buildings within a non-21
residential or mixed-use PUD or unified development plan. 22
23
i. Purpose and intent. To provide unified architectural design and site 24
planning for all on-site structures, and to provide for safe and 25
convenient vehicular and pedestrian access and movement within 26
the site. 27
28
ii. Façades standards. All façades must meet the requirements of LDC 29
section 4.02.27 B.2.f. Building design treatments. 30
31
a) Primary façades. All exterior façades of freestanding 32
structures, including structures located on outparcels, are 33
considered primary façades except for one secondary 34
façade as defined below, and must meet the requirements 35
of this section with respect to the architectural design 36
treatment for primary façades in LDC section 4.02.27.B.2., 37
except for those façades considered secondary façades. 38
39
b) Secondary façades. Outparcels and freestanding buildings 40
are allowed one secondary façade. One façade of a 41
freestanding structure, including structures located on 42
outparcels, that is internal to the site and that does not abut 43
or face public or private streets or internal drive aisles 44
adjacent to the development. 45
46
iii. Design standards. The design for freestanding buildings must 47
employ architectural, site and landscaping design elements 48
integrated with, and common to those used on the primary structure 49
and its site. These common design elements must include colors, 50
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building materials, and landscaping associated with the main 1
structure. All freestanding buildings must provide for vehicular and 2
pedestrian inter-connection between abutting outparcels or 3
freestanding sites and the primary structure. 4
5
iv. Primary façade standards. The following design feature is an 6
additional option which can be used to meet the requirement in LDC 7
section 4.02.27 B.2.b.ii. Primary façade design features: Walls 8
expanding the design features of the building, not less than seven 9
(7) feet high, creating a courtyard not less than 12 feet from the 10
building and length of no less than 60 percent of the length of the 11
associated façade. The courtyard may be gated and able to be 12
secured from exterior public access. Grilled openings are allowed if 13
the courtyard is landscaped. Opening depths or wall terminations 14
must be a minimum of 12 inches deep. If the courtyard contains 15
service or equipment, the height and design must prevent view from 16
the exterior. Courtyard walls are not to be considered fences. 17
18
i. Roof treatments. 19
20
i. Purpose and intent. Variations in rooflines are used to add interest 21
and reduce the massing of large buildings. Roof height and features 22
must be in scale with the building's mass and shall complement the 23
character of surrounding buildings and neighborhoods. Roofing 24
materials must be constructed of durable, high-quality material in 25
order to enhance the appearance and attractiveness of the 26
community. The following standards identify appropriate roof 27
treatments and features. 28
29
ii. Roof edge and parapet treatment. 30
31
a) When a building's largest floor is greater than 5,000 square 32
feet in floor area a minimum of two (2) roof-edge or parapet 33
line changes are required for all primary façades. One such 34
change must be located on primary façades. Thereafter, 35
one (1) additional roof change is required every 100 linear 36
feet around the perimeter of the building. If a vertical change 37
is used, each vertical change from the dominant roof 38
condition must be a minimum of 10 percent of building 39
height, but no less than three (3) feet. If a horizontal change 40
is used, each horizontal change from the dominant roof 41
condition must be a minimum of 20 percent of the façade 42
length, but no less than three (3) feet. 43
44
b) Roofs, other than mansard roofs, with the slope ratio of 3:12 45
or higher are exempt from the above requirements for 46
vertical change for the façades that are less than 200 feet. 47
One roof edge, or parapet line change must be provided for 48
every 200 linear feet of the façade length. 49
50
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iii. Roof design standards. Roofs must meet the following 1
requirements: 2
3
a) When parapets are used, the average height of such 4
parapets must not exceed 20 percent of the height of the 5
supporting wall, with exception of the parapets used to 6
screen mechanical equipment. Parapets used to screen 7
mechanical equipment must be no less than the maximum 8
height of the equipment. The height of parapets shall not, at 9
any point, exceed one-third (1/3) the height of the supporting 10
wall. 11
12
b) When a flat roof is screened with a parapet wall or mansard 13
roof at any façade, a parapet or mansard roof treatment 14
must extend along the remaining façades. 15
16
c) When sloped roofs are used, the massing and height must 17
be in proportion with the height of its supporting walls. 18
Sloped roofs must meet the following requirements: 19
20
i) Sloped roofs that are higher than its supporting walls 21
must feature elements that create articulation and 22
reduce the massing of the roof. This includes: clear 23
story windows, cupolas, dormers, vertical changes, 24
or additional complementary colors to the color of 25
the roof. 26
27
ii) The color(s) of a sloped roof must complement the 28
color(s) of the façades. 29
30
iv. Prohibited roof types and materials. The following roof types and 31
roof materials are prohibited: 32
33
a) Asphalt shingles, except laminated, 320-pound, 30-year 34
architectural grade asphalt shingles or better. 35
36
b) Mansard roofs and canopies, unless they meet the following 37
standards: 38
39
i) Minimum vertical distance of eight (8) feet is required 40
for buildings larger than 20,000 square feet. 41
42
ii) Minimum vertical distance of six (6) feet is required 43
for buildings of up to 20,000 square feet of floor area. 44
45
iii) The roof angle shall not be less than 25 degrees, 46
and not greater than 70 degrees. 47
48
c) Awnings used as a mansard or canopy roofs. 49
50
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j. Awning standards. These standards apply to those awnings associated 1
with and attached to a building or structure. 2
3
i. Mansard awnings, which are those awnings that span 90 percent, 4
or more, of a façade length and those which do not provide a 5
connection between façades, must adhere to all roof standards of 6
LDC section 4.02.27 B.2.i. Roof treatments. 7
8
ii. All other awnings, which are awnings that constitute less than 90 9
percent of a façade length, and those that do not provide a 10
connection between façades, must adhere to the following 11
standards: 12
13
a) The portion of the awning with graphics may be backlit, 14
provided the illuminated portion of the awning with graphics 15
does not exceed size limitations and the other sign 16
standards of LDC sections 5.06.00, 9.03.00, and 9.04.00. 17
18
b) The location of awnings must relate to the window and door 19
openings, or other ornamental design features. 20
21
k. Materials and colors. 22
23
i. Purpose and intent. Exterior building colors and materials 24
contribute significantly to the visual impact of buildings on the 25
community. The colors and materials must be well designed and 26
integrated into a comprehensive design style for the project. 27
Intense, deep colors are appropriate for creating a Spanish 28
influenced architectural character. Building trims (windowsills, door 29
frames, ornamental features, etc.) should be highlighted with a 30
different color from that of the building body color. Frame 31
Vernacular architectural style reflects less intense, softer color 32
shades highlighting architectural details in bright white. 33
34
ii. Exterior building colors. 35
36
a) The use of color materials or finish paint above level 14 37
saturation (chroma) or below lightness level three (3) on the 38
Collier County Architectural Color Charts is limited to no 39
more than 50 percent of a façade or the total roof area. 40
41
b) The use of naturally occurring materials are permissible, 42
such as marble, granite, and slate and the following man-43
made materials: silver unpainted metal roofs, and 44
composite wood and decking materials. 45
46
iii. Exterior building materials (excluding roofs). The following building 47
finish materials are limited to no more than 50 percent of the façade 48
area: 49
50
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a) Corrugated, or metal panels. 1
2
b) Smooth concrete block. 3
4
3. Design Standards for Specific Building Uses. Certain uses may be established, 5
constructed, continued, and/or expanded provided they meet certain mitigating 6
standards specific to their design and/or operation. These conditions ensure 7
compatibility between land uses and building types and minimize adverse impacts 8
to surrounding properties. 9
10
a. Self-storage buildings. Self-storage buildings are subject to all of the 11
applicable provisions of this section with the following exceptions and 12
additions: 13
14
i. Overhead doors. Overhead doors are permitted on the primary 15
façade of self-storage buildings within the IUAOD. 16
17
ii. Screen walls. When a wall is proposed to screen the facility, it must 18
be constructed of material similar and complementary to the 19
primary building material and architecture. Long expanse of wall 20
surface shall be broken into sections no longer than 50 feet and 21
designed to avoid monotony by use of architectural elements such 22
as pillars. 23
24
iii. Single-story self-storage buildings. LDC section 4.02.27 B.2.b. 25
Primary façade design features can be replaced with one of the 26
following two options: 27
28
a) Option 1. 29
30
i) A minimum of 20 percent of the primary façade area 31
must be glazed; and 32
33
ii) A covered public entry with a minimum roof area of 34
80 square feet and no dimension less than eight (8) 35
feet, or a covered walkway at least six (6) feet wide 36
with a total length measuring no less than 60 percent 37
of the length of the façade. 38
39
b) Option 2. If the project design incorporates a screen wall 40
around the perimeter of the self-storage facility, the following 41
standards apply: 42
43
i) Architecturally treated, six (6)-foot high, screen wall 44
is required to screen the facility. 45
46
ii) The roof slope for the buildings is a minimum of 4:12 47
ratio for double slopes, and 3:12 ratio for single 48
slope. 49
50
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iii) A landscape buffer at least seven (7) feet wide 1
consisting of 10 shrubs (per 100 linear feet) is 2
required on the exterior of the wall. Shrubs shall be 3
10 feet on center, 24 inches tall at planting and 4
maintained at 36 inches. 5
6
c) In the case that none of the above options are met, then 7
LDC section 4.02.27 B.2.b. Primary façade design features 8
must be met. 9
10
iv. Multi-story self-storage buildings. The requirements of LDC section 11
4.02.27 B.2.b. primary façade design features can be replaced with 12
one of the following two options: 13
14
a) Option 1. 15
16
i) A minimum of 20 percent of the primary façade area 17
must be glazed; and 18
19
ii) A covered public entry with a minimum roof area of 20
80 square feet and no dimension less than eight (8) 21
feet, or a covered walkway at least six (6) feet wide 22
with a total length measuring no less than 60 percent 23
of the length of the façade; and 24
25
iii) Foundation planting areas must be a minimum of 10 26
percent of the ground level building area for all 27
buildings. The plantings can be clustered as desired; 28
however, some plantings must be provided on both 29
sides of the building’s principal entrance. 30
31
b) Option 2. If project design incorporates a screen wall around 32
the perimeter of the self-storage facility, the following 33
standards apply: 34
35
i) Architecturally treated, eight (8) feet high screen wall 36
is required to screen the ground floor of the facility; 37
and 38
39
ii) A landscape buffer at least seven (7) feet wide 40
consisting of 10 shrubs (per 100 linear feet) is 41
required on the exterior of the wall. Shrubs shall be 42
10 feet on center, 24 inches tall at planting and 43
maintained at 36 inches; and 44
45
iii) Primary façades above the ground level must 46
include glazing, covering at a minimum 20 percent 47
of the façade area; and 48
49
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iv) Foundation planting areas must be a minimum of 10 1
percent of the ground level building area for all 2
buildings. The plantings can be clustered as desired; 3
however, some plantings must be provided on both 4
sides of the building’s principal entrance. 5
6
c) In the case that none of the above options are met, then 7
LDC section 4.02.27 B.2.b. primary façade design features 8
must be met. 9
10
b. All facilities with fuel pumps. The provisions of LDC section 5.05.05 11
Facilities with fuel pumps shall be applicable within the IUAOD with the 12
following exceptions: 13
14
i. LDC section 5.05.05 C. shall apply except the architectural 15
requirements of LDC section 5.05.08 are replaced and superseded 16
by LDC section 4.02.27. 17
18
ii. LDC section 5.05.05 C.1.b.iv.b shall not limit eave fascia canopy 19
colors to a single color. 20
21
iii. LDC section 5.05.05 D. Supplemental standards for facilities with 22
fuel pumps within 250 feet of residential property. 23
24
iv. LDC section 5.05.05 E. The following landscape requirements 25
under subsection 4.02.27 B.3.c.ii are in addition to the requirements 26
of LDC section 4.02.27 B.4 Buffer and Landscaping Requirements. 27
28
c. Facilities with fuel pumps within 250 feet of residential property. Facilities 29
with fuel pumps shall be subject to the following standards when located 30
within 250 feet of residentially zoned or residentially developed properties, 31
hereinafter referred to as "residential property," as measured from the 32
property line of the facility with fuel pumps to the residential property line. 33
However, a facility with fuel pumps shall be exempt from LDC section 34
4.02.27 B.3.b when it is separated from residential property by a minimum 35
of 100 feet of designated preserve area that is 80 percent opaque and at 36
least 12 feet in height within one year, or a minimum four (4)-lane arterial 37
or collector right-of-way. 38
39
i. Setbacks. All structures shall provide a minimum 50-foot front, side, 40
and rear yard setback from residential property line(s). 41
42
ii. Landscaping and masonry wall standards. Facility with fuel pumps 43
sites shall be separated from residential property by a 15-foot-wide 44
Type D landscape buffer with an architecturally designed masonry 45
wall. The masonry wall shall be eight (8) feet in height, centered 46
within the landscape buffer, and shall use materials similar in color, 47
pattern, and texture to those utilized for the principal structure. 48
49
iii. Music, amplified sound, and delivery time standards. 50
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1
a) Music and amplified sound shall not be played in the fuel 2
pump area between the hours of 10:00 p.m. and 7:00 a.m. 3
4
b) Music and amplified sound shall not be audible from the 5
residential property line. 6
7
c) Deliveries shall be prohibited between the hours of 10:00 8
p.m. and 7:00 a.m. in the area located between the 9
neighboring residential property and the facility with fuel 10
pumps. 11
12
iv. Lighting standards. 13
14
a) All light fixtures shall be directed away from neighboring 15
properties. 16
17
b) On-site light fixtures within 50 feet of residential property 18
shall not exceed a height greater than 15 feet above finished 19
grade. Light fixtures elsewhere shall not exceed a height 20
greater than 20 feet above finished grade. 21
22
c) All light fixtures shall be full cutoff with flat lenses. 23
24
d) On-site luminaries shall be of low level, indirect diffuse type, 25
and shall be between a minimum average of one and a half 26
(1.5) foot-candles and a maximum average of five (5) foot-27
candles. 28
29
e) Illumination shall not exceed: 30
31
i) One-half (0.5) foot-candles at all residential property 32
lines. 33
34
ii) One-fifth (0.2) foot-candles at 10 feet beyond all 35
residential property lines. 36
37
f) Lighting located underneath the canopy shall be recessed, 38
of indirect diffuse type, and designed to provide light only to 39
the pump island areas located underneath said canopy. 40
41
g) Under canopy luminance shall be between a minimum 42
average of five (5) foot-candles and a maximum average of 43
20 foot-candles. 44
45
v. Dumpster enclosures. At a minimum, the dumpster enclosure shall 46
be located at a distance from residential property equal to the 47
setback of the principal structure from residential property. 48
49
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vi. See LDC section 5.05.11 for car washes, vacuums, and 1
compressed air stations abutting residential zoning districts. 2
3
vii. Landscaping adjacent to all other property lines: 4
5
a) Landscaping adjacent to all other property lines shall 6
comply with the requirements in LDC section 4.02.27 B.4. 7
8
b) Curbing shall be installed and constructed, consistent with 9
minimum code requirements, between all paved areas and 10
landscape areas. 11
12
d. Hotel/motel. 13
14
i. Applicability. All standards of LDC section 4.02.27 are applicable 15
with the following exceptions. 16
17
ii. Design features. LDC section 4.02.27 B.2.b. Primary façade design 18
features can be replaced as follows: 19
20
a) The design of the primary façades must include windows 21
and other glazed openings covering at least 20 percent of 22
the primary façade area, and one of the following design 23
features: 24
25
i) Projected, or recessed, covered public entry 26
providing a minimum horizontal dimension of eight 27
(8) feet, and a minimum area of 100 square feet, or 28
29
ii) Covered walkway or arcade (excluding canvas type) 30
that is attached to the building or located no more 31
than 12 feet from the building. The structure must be 32
permanent, and its design must relate to the 33
principal structure. The minimum width shall be six 34
(6) feet, with a total length measuring 60 percent of 35
the length of the associated façade. 36
37
b) For buildings located 200 feet or more from the street right-38
of-way, the projected or recessed entry and covered 39
walkway or arcade, required by the above LDC section 40
4.02.27 B.3.d.ii.a), can be located on any façade. 41
42
e. Outside play structures. No portion of any play structure, located between 43
the front building line and any adjacent right-of-way, may exceed a height 44
of 12 feet as measured from existing ground elevation. 45
46
4. Buffer and landscaping requirements. 47
48
a. Applicability. 49
50
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i. The provisions of LDC section 4.06.00 Landscaping, Buffering and 1
Vegetation Retention shall be applicable to non-residential 2
development within the IUAOD, except for the following regulations 3
which replace: 4
5
a) LDC section 4.06.02 Buffer Requirements. 6
7
b) LDC section 4.06.03 A. Landscaping Requirements for 8
Vehicular Use Areas and Rights-of-Way Applicability. 9
10
c) LDC section 4.06.03 B. Standards for Landscaping in 11
Vehicular Use Areas. 12
13
d) LDC section 4.06.05 C. Building Foundation Plantings. 14
15
ii. Applicability of buffer requirements. The buffering and screening 16
requirements identified in Table 1 below shall apply to all new non-17
residential development. Existing landscaping which does not 18
comply with the provisions of this section shall be brought into 19
conformity to the maximum extent possible when: the vehicular use 20
area is altered or expanded (except for restriping of lots/drives), the 21
building square footage is changed, or building improvements 22
exceed 50 percent of the value of the structure. 23
24
iii. Developments shall be buffered for the protection of property 25
owners from land uses as required pursuant to this section 4.02.27 26
B.4. Buffers shall not inhibit pedestrian circulation between adjacent 27
commercial land uses. Buffers shall be installed during construction 28
as follows and in accordance with LDC section 4.06.05 General 29
Landscaping Requirements: 30
31
a) To separate commercial, community use, industrial and 32
public use developments and adjacent expressways, 33
arterials, and railroad rights-of-way, except where such 34
expressway, arterial, or railroad right-of-way abuts a golf 35
course. 36
37
b) To separate commercial, community use, industrial and 38
public use developments from residential developments. 39
40
c) To delineate and create some limited separation amongst 41
non-residential uses. 42
43
iv. Separation shall be created with a landscape buffer strip which is 44
designed and constructed in compliance with the provisions of LDC 45
section 4.02.27 B.4 and LDC section 4.06.00, as applicable. Such 46
buffer strip(s) shall be shown and designated on the final plat as a 47
tract of easement and shall not be located within any public or 48
private right-of-way. The ability to locate buffer(s) within a platted or 49
recorded easement shall be determined pursuant to the provisions 50
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of LDC section 4.06.00, Buffers adjacent to protected/preserve 1
areas shall conform to the requirements established by the agency 2
requiring such buffer. 3
4
v. Landscape buffers, when required by the Land Development Code, 5
or other county regulation shall be in addition to the required right -6
of-way width and shall be designated as a separate buffer tract or 7
easement on the final subdivision plat. The minimum buffer width 8
shall be in conformance with this section 4.02.27 B.4. In no case 9
shall the required buffer be constructed to reduce cross-corner or 10
stopping sight distances, or safe pedestrian passage. All buffer 11
tracts or easements shall be owned and maintained by a property 12
owner's association or other similar entity and shall be so dedicated 13
on the final subdivision plat. 14
15
b. Methods of determining buffers. Where a property adjacent to the proposed 16
use is: (1) undeveloped, (2) undeveloped but permitted without the required 17
buffering and screening required pursuant to this Code, or (3) developed 18
without the buffering and screening required pursuant to this Code, the 19
proposed use shall be required to install the more opaque buffer as 20
provided for in Table 1. Where property adjacent to the proposed use has 21
provided the more opaque buffer as provided for in Table 1, the proposed 22
use shall install a type I-A buffer. 23
24
i. Where the incorporation of existing native vegetation in landscape 25
buffers is determined as being equivalent to or in excess of the 26
intent of this Code, the County Manager or designee may waive the 27
planting requirements of this section. 28
29
ii. The buffering and screening provisions of this Code shall be 30
applicable at the time of planned unit development (PUD), 31
preliminary subdivision plat (PSP), or site development plan (SDP) 32
review, with the installation of the buffering and screening required 33
pursuant to LDC section 4.06.05 H. If the applicant chooses to 34
forego the optional PSP process, then signed and sealed landscape 35
plans will be required on the final subdivision plat. Where a more 36
intensive land use is developed contiguous to a property within a 37
similar zoning district, the County Manager or designee may require 38
buffering and screening the same as for the higher intensity uses 39
between those uses. 40
41
iii. Landscape buffering and screening standards within any planned 42
unit development shall conform to the minimum buffering and 43
screening standards of the zoning district to which it most closely 44
resembles. The County Manager or designee may approve 45
alternative landscape buffering and screening standards when such 46
alternative standards have been determined by use of professional 47
acceptable standards to be equivalent to or in excess of the intent 48
of this Code. 49
50
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c. Types of buffers. Within a required buffer strip, the following types of buffers 1
shall be used based on the matrix in Table 1. There are four (4) possible 2
buffer types, as described below. Each buffer type includes a minimum 3
width and a minimum number of trees and shrubs per 100 - linear-foot 4
segment of boundary. A hedge shall at a minimum consist of three (3) 5
gallon plants, two (2) feet in height spaced a minimum of three (3) feet on 6
center at planting unless otherwise indicated in the table below or within 7
the specific section of the LDC. The buffer types are: 8
9
Buffer Types (per 100 linear feet)
I-A I-B I-C I-D
Minimum width
(feet)
10 15 15 15
Minimum number
of trees
2 4 4 with a
hedge, or 3
with a wall
4
Minimum number
of shrubs
0 18 (36
inches
tall)*
60-inch tall
hedge, or 18
shrubs (60
inches tall)
with a wall
36-inch tall
hedge or 4
shrubs (36
inches tall)
with a wall*
10
*For a Type I-B or I-D buffer, shrubs shall be 24 inches tall at planting and 11
maintained at 36 inches. 12
13
i. Type I-A Buffer. 14
15
a) Minimum Width: 10 feet. 16
17
b) Minimum number of trees (per 100 linear feet): Two (2) 18
19
ii. Type I-B Buffer. 20
21
a) Minimum Width: 15 feet. 22
23
b) Minimum number of trees (per 100 linear feet): Four (4). 24
25
c) Minimum number of shrubs (per 100 linear feet): 18 (planted 26
at 24 inches and maintained at 36-inches) 27
28
iii. Type I-C Buffer. 29
30
a) Minimum Width: Fifteen feet. 31
32
b) Minimum number of trees (per 100 linear feet): Four (4) with 33
a hedge, or three (3) with a wall or a fence. 34
35
i) Trees shall be spaced no more than 25 feet on 36
center in combination with a hedge and no more 37
than 33 feet on center in combination with a wall. 38
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1
c) Minimum number of shrubs (per 100 linear feet): a 60-inch 2
tall hedge or 18 shrubs (60 inches tall) with a wall 3
4
iv. Type I-D Buffer. 5
6
a) Minimum Width: 15 feet. 7
8
b) Minimum number of trees (per 100 linear feet): four (4). 9
10
c) Minimum number of shrubs (per 100 linear feet): a 36-inch 11
tall hedge, or 4 shrubs (36 inches tall with a wall). 12
13
i) Trees shall be spaced no more than 25 feet on 14
center, in the landscape buffer abutting a right -of-15
way, primary access road internal to a commercial 16
development, or where deemed appropriate. 17
18
ii) A continuous three (3)-gallon single row hedge 19
spaced three (3) feet on center of at least 24 inches 20
in height at the time of planting and attaining a 21
minimum of 36 inches in height in one year shall be 22
required in the landscape buffer where vehicular 23
areas are adjacent to the road right-of-way or where 24
deemed appropriate, pursuant to LDC section 25
4.06.05 D.4. Shrubs and Hedges. 26
27
iii) Where a fence or wall fronts an arterial or collector 28
road as described by the transportation circulation 29
element of the growth management plan, a 30
continuous three (3)-gallon single row hedge a 31
minimum of 24 inches in height spaced three (3) feet 32
on center, shall be planted along the right-of-way 33
side of the fence. The required trees shall be located 34
on the side of the fence facing the right -of-way. 35
Every effort shall be made to undulate the wall and 36
landscaping design incorporating trees, shrubs, and 37
ground cover into the design. It is not the intent of 38
this requirement to obscure from view decorative 39
elements such as emblems, tile, molding and 40
wrought iron. 41
42
iv) The remaining area of the required landscape buffer 43
must contain only existing native vegetation, grass, 44
ground cover, or other landscape treatment. Every 45
effort should be made to preserve, retain, and 46
incorporate the existing native vegetation in these 47
areas. 48
49
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v) A signage visibility triangle may be created for non-1
residential on-premises signs located as shown in 2
Figure 4.06.02.C-2 for Type I-D buffers that are 20 3
feet or greater in width. The line of visibility shall be 4
no greater than 30 linear feet along road right-of-way 5
line. Within the visibility triangle, shrubs and hedges 6
shall be required pursuant to LDC section 7
4.06.05.D.4, except that hedges, shrubs, or ground 8
cover located within the signage visibility triangle 9
shall be maintained at a maximum plant height of 24 10
inches. Within the visibility triangle, no more than 11
one required canopy tree may be exempted from the 12
Type I-D buffer requirements. 13
14
v. The table below describes the required buffer type when a 15
proposed use is abutting a different existing use or, in the absence 16
of an existing use, the existing zoning. 17
18
Table 1 19
20
Table 1 information: The letter listed under "Adjacent Properties Zoning District and/or Property 21
Use" shall be the landscape buffer and screening alternative required. Where a conflict exists 22
between the buffer required by zoning district or property use, the more stringent buffer shall be 23
required. The "-" symbol shall represent that no buffer is required. The PUD district buffer, due to 24
a variety of differing land uses, is indicated by the "*" symbol, and shall be based on the landscape 25
buffer and screening of the district or property use with the most similar types, densities and 26
intensities of use. Where a conflict exists between the buffering requirements and the yard 27
requirements of this Code, the yard requirements of the subject zoning district shall apply. 28
29
Adjacent Properties Zoning District and/or Property Use
Subject
Property's
District/Use Agriculture (A1 ) Residential (E, RSF) single-family Residential (RMF-6, RMF-12, RMF-16) multifamily Residential tourist (RT) Village residential (VR) Mobile home (MH) Commercial3 (C-1, C-2, C-3, C-4, C-5) ; Business Park (BP) Industrial 2 Public use (P), Community Facility (CF), Golf Course Clubhouse, Amenity Center Planned Unit Development Vehicular rights-of- way Golf course maintenance building Golf Course Automobile Service Station Agriculture
(A1 )
- I-B I-B I-B I-
B
I-B I-A I-A I-A I-A I-D I-A - I-A
Commercia
l3 (C-1, C-
2, C-3, C-
4, C-5);
I-A I-C I-C I-C I-
C
I-C I-A I-A I-A * I-D I-B I-B I-B
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Business
Park (BP)
Industrial2
(I)
I-A I-C I-C I-C I-
C
I-C I-A I-A2 I-A * I-D I-C I-C I-C
Public use
(P),
community
facility
(CF), Golf
Course
Clubhouse,
Amenity
Center
I-A I-B I-B I-B I-
B
I-B I-A I-A I-A * I-D I-B - I-C
Planned
unit
developme
nt (PUD)
* * * * * * * * * * I-D * * *
Vehicular
rights-of-
way
I-D I-D I-D I-D I-
D
I-D I-D I-D I-D I-D - I-D - I-D
Golf course
maintenan
ce building
I-B I-B I-B I-B I-
B
I-B I-B I-C I-B I-B I-D - I-B I-C
Golf course - - - - - - - I-C - - - I-B - I-C
Automobile
service
station4
I-A I-C I-C I-C I-
C
I-C I-C I-A I-C * I-D I-C I-C -
1
2
1 Buffering in agriculture (A) districts shall be applicable at the time of site development plan (SDP) 3
submittal. 4
5
2 Industrial (I) zoned property, where abutting industrial (I) zoned property, shall be required to install 6
a minimum five (5)-foot-wide type I-A landscape buffer adjacent to the side and rear property lines. 7
The buffer area shall not be used for water management. In addition, trees may be reduced to 50 8
feet on center along rear and side perimeter buffers only. This reduction in buffer width shall not 9
apply to buffers adjacent to vehicular rights -of -way or nonindustrial zoned property. Abutting 10
industrial zoned properties may remove a side or rear buffer along the shared property line in 11
accordance with LDC section 4.02.27 B.4.c.viii. This exception to buffers shall not apply to buffers 12
abutting vehicular rights -of -way. 13
14
3 Buffer areas between commercial outparcels located within a shopping center, Business Park, or 15
similar commercial development may have a shared buffer 15 feet wide with each abutting property 16
contributing seven and a half (7.5) feet. The outparcels may remove a side or rear buffer along the 17
shared property line between comparable uses within the same zoning designation in accordance 18
with LDC section 4.02.27.B.4.c.viii. These provisions shall not apply to right -of -way buffers. 19
20
4 Refer to LDC s ection 4.02.27 B.3.b and c. for automobile service station landscape requirements. 21
22
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vi. Business Parks. A 15-foot-wide landscape buffer shall be provided 1
around the boundary of the business park when abutting residential 2
zoning district or uses. A six (6)-foot tall opaque architecturally 3
finished masonry wall, or berm, or combination thereof shall be 4
required, and one row of trees spaced no more than 30 feet on 5
center shall be located on the outside of the wall, berm, or berm/wall 6
combination. 7
8
vii. Buffering and screening standards. In accordance with the 9
provisions of this Code, loading areas or docks, outdoor storage, 10
trash collection, mechanical equipment, trash compaction, 11
vehicular storage excluding new and used cars, recycling, roof top 12
equipment and other service function areas shall be fully screened 13
and out of view from adjacent properties at ground view level and 14
in view of roadway corridors. 15
16
viii. Joint Project Plan. Abutting platted parcels may submit a joint 17
project plan to remove one side or rear landscape buffer along a 18
shared property line in order to share parking or other infrastructure 19
facilities, provided the following criteria are met: 20
21
a) A joint project plan shall include all necessary information to 22
ensure that the combined site meets all of the design 23
requirements of this Code and shall be submitted as either 24
a single SDP or SIP consisting of both parcels, or separate 25
SDPs or SIPs for each parcel that are submitted 26
concurrently. Joint project plans require a shared 27
maintenance and access easement that is recorded in the 28
public records. 29
30
b) The following are eligible for a joint project plan. One 31
outparcel shall be no greater than three (3) acres and the 32
combined parcel acreage shall not exceed five (5) acres: 33
34
i) Abutting commercial outparcels located within a 35
shopping center. 36
37
ii) Abutting commercial parcels in a Business Park. 38
39
iii) Abutting commercial parcels with the same zoning 40
designation. 41
42
iv) Abutting industrial parcels with the same zoning 43
designation. 44
45
c) The buffer to be eliminated shall not be a perimeter buffer 46
or adjacent to any internal main access drives. 47
48
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d. Standards for retention and detention areas in buffer yards. Unless 1
otherwise noted, all standards outlined in section 4.06.05 C apply. Trees 2
and shrubs must be installed at the height specified in this section. 3
4
Water management systems, which must include retention and detention 5
areas, swales, and subsurface installations, are permitted within a required 6
buffer provided they are consistent with accepted engineering and 7
landscaping practice and the following criteria: 8
9
i. Water management systems must not exceed 50 percent of the 10
square footage of any required side, rear, or front yard landscape 11
buffer. 12
13
ii. Water management systems must not exceed, at any location 14
within the required side, rear, or front yard landscape buffer, 70 15
percent of the required buffer width. A minimum five (5)-foot wide 16
10:1 level planting area shall be maintained where trees and 17
hedges are required. 18
19
iii. Exceptions to these standards may be granted on a case -by-case 20
basis, evaluated on the following criteria: 21
22
a) Water management systems, in the form of dry retention, 23
may utilize an area greater than 50 percent of the buffer 24
when existing native vegetation is retained at natural grade. 25
26
b) For lots of record 10,000 square feet or less in size, water 27
management areas may utilize an area greater than 50 28
percent of the required side and rear yard buffers. A level 29
planting area of at least three feet in width must be provided 30
in these buffers. 31
32
iv. Sidewalks and other impervious areas must not occupy any part of 33
a required I-A, I-B, I-C, or I-D type buffer, except when: 34
35
a) Driveways and sidewalks are constructed perpendicular to 36
the buffer and provide direct access to the parcel. 37
38
b) Parallel meandering sidewalks occupy the buffer, and its 39
width is increased by the equivalent sidewalk width. 40
41
c) A required 15—20-foot-wide buffer is reduced to a minimum 42
of 10 feet wide and is increased by the five-to-ten-foot 43
equivalent width elsewhere along that buffer. 44
45
e. Vehicular use areas. 46
47
i. Applicability. The provisions of this section shall apply to all new off-48
street parking or other vehicular use areas. 49
50
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a) Existing landscaping which does not comply with the 1
provisions of this Code shall be brought into conformity to 2
the maximum extent possible when: the vehicular use area 3
is altered or expanded except for restriping of lots/drives, 4
the building square footage is changed, or the building 5
improvements exceed 50 percent of the value of the 6
structure. 7
8
b) These provisions shall apply to all non-residential 9
development within the IUAOD. 10
11
c) Any appeal from an administrative determination relating to 12
these regulations shall be to the board of zoning appeals or 13
equivalent. 14
15
d) Prior to issuing occupancy permits for new construction, 16
implementation, and completion of landscaping 17
requirements in off-street vehicular facilities shall be 18
required. 19
20
e) Where a conflict exists between the strict application of this 21
section and the requirements for the number of off -street 22
parking spaces or area of off-street loading facilities, the 23
requirements of this section shall apply. 24
25
ii. Standards for landscaping in Vehicular Use Areas. For projects 26
subject to architectural design standards, see LDC section 4.02.27 27
B.2. for related provisions. 28
29
a) Landscaping required in interior of vehicular use areas. At 30
least ten percent of the amount of vehicular use area onsite 31
shall be devoted to interior landscaping areas. The width of 32
all curbing shall be excluded from the required landscaped 33
areas. All interior landscaped areas not dedicated to trees 34
or to preservation of existing vegetation shall be landscaped 35
with grass, ground cover, shrubs, or other landscape 36
treatment. One tree shall be provided for every 250 square 37
feet of the required interior landscaped area. Interior 38
landscaped areas shall be a minimum of five feet in width 39
and 150 square feet in area. The amount of required interior 40
landscape area provided shall be shown on all preliminary 41
and final landscape plans. 42
43
b) All rows of parking spaces shall be bordered on each end 44
by curbed terminal landscape islands. Each terminal 45
landscape island shall measure inside the curb not less than 46
eight feet in width and extend the entire length of the single 47
or double row of parking spaces bordered by the terminal 48
landscape island. Type D or Type F curb per current FDOT 49
Design Standards is required around all terminal landscape 50
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islands. A terminal landscape island for a single row of 1
parking spaces shall be landscaped with at least one 2
canopy tree. A terminal landscape island for a double row of 3
parking spaces shall contain not less than two canopy trees. 4
The remainder of the terminal landscape island shall be 5
landscaped with sod, ground covers or shrubs or a 6
combination of any of the above. 7
8
c) Interior landscaping areas shall be provided within the 9
interior of all vehicular use areas. Landscaped areas, wall 10
structures, and walks shall require protection from vehicular 11
encroachment through appropriate wheel stops or curbs or 12
other structures. 13
14
d) Required landscape islands and perimeter planting beds 15
shall be graded to provide positive drainage. Curbing 16
around landscape areas shall include curb cuts where 17
necessary so as not to inhibit positive drainage. 18
19
e) Green space required in shopping centers and freestanding 20
retail establishments with a floor area greater than 40,000 21
square feet. An area that is at least seven percent of the size 22
of the vehicular use areas must be developed as green 23
space within the front yard(s) or courtyards of shopping 24
centers and retail establishments and must be in addition to 25
the building perimeter planting area requirements. The 26
courtyards must only be located in areas that are likely to be 27
used by pedestrians visiting the shopping center and retail 28
establishment. The seven percent green space area must 29
be in addition to other landscaping requirements of this 30
division, may be used to meet the open space requirements 31
(section 4.02.01), and must be labeled "Green Space" on all 32
subdivision and site plans (Refer to section 4.02.27 A.). The 33
interior landscape requirements of these projects must be 34
reduced to an amount equal to five percent (5 percent) of 35
the vehicular use area on site. Green space must be 36
considered areas designed for environmental, scenic, or 37
noncommercial recreation purposes and must be 38
pedestrian-friendly and aesthetically appealing. Green 39
space may only include the following: lawns, mulch, 40
decorative plantings, nonprohibited exotic trees, walkways 41
within the interior of the green space area not used for 42
shopping, fountains, manmade watercourses (but not water 43
retention areas), wooded areas, park benches, site lighting, 44
sculptures, gazebos, and any other similar items that the 45
planning service director deems appropriate. Green space 46
must include: walkways within the interior of the green 47
space area not used for shopping, a minimum of one (1) foot 48
of park bench per 1,000 square feet of building area. The 49
green space area must use existing trees where possible 50
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and landscaping credits will be allowed as governed by table 1
4.06.04 B. The green space areas must be located in areas 2
that are in close proximity to the retail shopping area. 3
Benches may also be located in interior landscaped areas 4
and 75 percent of the benches may be located adjacent to 5
the building envelope along paths, walkways and within 6
arcades or malls. 7
8
f) Required landscaping for buildings over 20,000 square feet 9
shall be pursuant to LDC section 4.02.27 A. The following 10
requirements will be counted toward the required 11
greenspace and open space requirements of this Chapter 12
of this Code. 13
14
i) Trees in vehicular use areas must be a minimum of 15
14- to 16-feet height with a six- to eight-(6-8) foot 16
spread and a three- to four- (3-4) inch caliper and 17
must have a clear trunk area to a height of six feet. 18
19
ii) The first row of landscape islands located closest to 20
the building front and sides must be landscaped with 21
trees, palms, shrubs, and groundcovers and must 22
have a clear trunk area to a height of seven (7) feet. 23
24
f. Building foundation plantings. 25
26
i. All non-residential buildings shall provide building foundation 27
plantings in the amount of 10 percent of the overall building footprint 28
area and a minimum planting width of five (5) feet. 29
30
ii. Foundation planting areas shall be located adjacent to building 31
entrance(s), and along primary façades. 32
33
iii. Building foundation plantings shall consist of shrubs, ground cover, 34
raised planter boxes, and/or ornamental grass plantings. 35
36
iv. A maximum of 50 percent of the required foundation planting may 37
be located in perimeter buffers. 38
39
v. Water management shall not occur in foundation planting areas. 40
41
5. Off-street parking. 42
43
a. Purpose and Intent. The following standards are intended to guide the 44
development of off-street parking, loading and transportation access within 45
the IUAOD to recognize the higher levels of bicycle and pedestrian activity 46
in Immokalee, to encourage the continued use of alternative modes of 47
transportation, and to provide safe and functional circulation patterns and 48
connectivity for off-street parking. 49
50
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b. Applicability. In addition to LDC section 4.05.00 Off-street Parking and 1
Loading, the following regulations shall apply to all non-residential 2
development within the IUAOD. If any of the provisions noted herein 3
conflict with other regulations within LDC section 4.05.00, the following 4
shall apply. 5
6
i. The provisions of this section shall apply to all new off-street parking 7
or other vehicular use areas. 8
9
ii. Existing landscaping which does not comply with the provisions of 10
this Code shall be brought into conformity to the maximum extent 11
possible when: the vehicular use area is altered or expanded except 12
for restriping of lots/drives, the building square footage is changed 13
or building improvements exceed 50 percent of the value of the 14
structure. 15
16
iii. Prior to issuing occupancy permits for new construction, 17
implementation, and completion of landscaping requirements in off-18
street vehicular facilities shall be required. 19
20
c. Shared Parking. Shared parking arrangements between adjoining 21
developments shall be encouraged. 22
23
d. Parking Reduction. Off-street parking requirements may be reduced by up 24
to 25 percent through the substitution of one required parking space by 25
providing and maintaining a bicycle rack able to hold four bicycles 26
throughout the IUAOD. 27
28
e. Bicycle parking. 29
30
i. Applicability. Due to the significance of pedestrian and bicycle 31
modes of travel within the IUAOD, bicycle parking spaces shall be 32
required for safe and secure parking of bicycles. These regulations 33
replace LDC section 4.05.08 Bicycle Parking Requirements. If any 34
of the provisions noted herein conflict with other regulations within 35
the Land Development Code, the following shall apply. 36
37
ii. Number. Provisions for the safe and secure parking of bicycles shall 38
be furnished at a ratio of five (5 percent) percent of requirements 39
for motor vehicles as set forth in section 4.05.04. but not to exceed 40
a maximum of 20 total bicycle parking spaces. A minimum of two 41
(2) bicycle parking spaces shall be provided. 42
43
iii. Design. 44
45
a) A bicycle parking facility suited to a single bicycle ("parking 46
space") shall be of a stand-alone inverted-U design 47
measuring a minimum of 36 inches high and 18 inches wide 48
[of one and one-half (1½) inch Schedule 40 pipe, ASTM F 49
1083] bent in one (1) piece ("bike rack") mounted securely 50
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to the ground [by a ⅜-inch thick steel base plate, ASTM A 1
36] so as to secure the bicycle frame and both wheels. 2
3
b) Each parking space shall have a minimum of three (3) feet 4
of clearance on all sides of the bike rack. 5
6
c) Bicycle spaces shall be surfaced with the same or similar 7
materials approved for the motor vehicle parking lot, lighted 8
and located no greater than 100 feet from the main building 9
entrance. 10
11
d) Extraordinary bicycle parking designs which depart from the 12
bike rack standard but are consistent with the 13
development's design theme shall be considered by the 14
County architect. Bike racks which function without securing 15
the bicycle frame, require the use of a bicycle kick stand, or 16
which may be freely reoriented are not allowable. 17
18
6. Fencing and Walls, Excluding Sound Walls. 19
20
a. Applicability. The provisions of LDC section 5.03.02 Fence and Walls, 21
Excluding Sound Walls, are applicable within the IUAOD with the following 22
exceptions: 23
24
i. LDC section 5.03.02.G Supplemental Standards 25
26
b. Supplemental standards. 27
28
i. All fences shall have their finished side facing outward. 29
30
ii. Fences on sites with structures which are subject to section 5.05.08 31
Architectural & Site Design Standards must comply with the 32
following additional standards: 33
34
a) Chain link (including wire mesh) and wood fences are 35
permitted forward of the primary façade. 36
37
b) Fences forward of the primary façade, including chain link, 38
wire mesh, and wood are permitted under the following 39
conditions: 40
41
i) Fences shall not exceed 4 feet in height. 42
43
ii) The fence provides either an open view at a 44
minimum of 25 percent of its length or provides 45
variation in its height for a minimum of 15 percent of 46
its length with a deviation of at least 12 inches. 47
48
iii) The fence style must complement building style 49
through material, color, and design. 50
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1
iii. Use of chain link or wire mesh fencing (the requirements of this 2
section are not applicable to single family dwellings). If located 3
adjacent to an arterial or collector road in the urban coastal area, 4
the fence shall be placed no closer than three feet to the edge of 5
the right-of-way or property line. 6
7
iv. Barbed wire is only authorized within agricultural districts and on 8
fences surrounding public utility ancillary systems in all districts. 9
Razor or concertina wire is not permitted except in the case of an 10
institution whose purpose is to incarcerate individuals, i.e., a jail or 11
penitentiary, or by application and decision by the County Manager 12
or designee. 13
14
7. Outdoor lighting requirements. 15
16
a. Applicability. In addition to LDC section 4.02.08 Outside Lighting 17
Requirements, the following regulations shall apply to all non-residential 18
development within the IUAOD. If any of the provisions noted herein 19
conflict with other regulations within LDC section 4.02.08 Outside Lighting 20
Requirements, the following shall apply. 21
22
b. Design. 23
24
i. The design of the actual lighting fixtures shall be consistent with the 25
design of the project (including outparcels) in style, color, materials, 26
and location. 27
28
ii. Lighting shall be designed to comply with the intent of the 29
Illuminating Engineering Society of North America (Dark Skies). All 30
lighting shall be designed to eliminate uplighting. 31
32
iii. Lighting shall be designed to prevent the glare or spillage of light 33
onto adjacent properties and to prevent hazardous interference with 34
automotive and pedestrian traffic. In order to accomplish this, all 35
exterior lighting shall be directional, and use recessed light bulbs, 36
filters or shielding to conceal the source of illumination. 37
38
c. Security Lighting. Lighting for security purposes shall be directed away 39
from and shielded from adjacent properties and rights-of-way. This 40
requirement shall also apply to agricultural uses. 41
42
8. Signage. 43
44
a. Applicability. In addition to LDC section 5.06.00 Sign Regulations and 45
Standards by Land Use Classification, the following regulations shall apply 46
to all businesses within the IUAOD. If any of the provisions noted herein 47
conflict with LDC section 5.06.00 Sign Regulations and Standards by Land 48
Use Classification , the following shall apply. 49
50
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b. Murals and Wall Art. Murals are allowed as public art within the IUAOD and 1
subject to the following: 2
3
i. Murals are only allowed on commercial, civic, or institutional 4
buildings. 5
6
ii. One mural is allowed per building. 7
8
iii. Murals are permitted on sections of buildings where there are no 9
windows or doors or where the mural will not interfere with the 10
building’s architectural details. 11
12
iv. The mural shall not contain text for the purpose of advertising any 13
business or commercial activity. 14
15
v. The mural cannot be temporary in nature and the building owner 16
must commit to maintaining the mural. 17
18
vi. Review and approval from the CRA Advisory Board is required to 19
ensure the mural complies with the conditions above and that the 20
artwork complements the design of the building in color, shape, and 21
location. 22
23
C. Immokalee Urban Area Mainstreet Overlay Subdistrict (MSOS). 24
25
1. Purpose and Intent. The standards described in this section shall apply to all non -26
residential uses in this overlay subdistrict. Where a conflict may arise between 27
these regulations and LDC section 4.02.27, the subdistrict regulations shall control. 28
29
2. Dimensional Standards. 30
31
a. Height. Structures shall be no more than 35 feet in height, except that 32
hotel/motel uses shall be no more than 50 feet in height. 33
34
b. Setback. The Main Street Overlay Subdistrict contains four (4) design 35
districts as described below, which were created in order to maintain and 36
enhance the urban character of downtown Immokalee and to encourage 37
the desired pattern of development. 38
39
i. Main Street Corridor. 40
41
a) Main Street Corridor. The Main Street Corridor is for those 42
properties abutting Main Street from Second Street East to 43
Hancock Street or 11th. 44
45
b) First Street Corridor. The First Street Corridor extends along 46
First Street from Eustis Avenue to West Main Street and is 47
the connection between the Seminole Casino and the Main 48
Street corridor. 49
50
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c) Fifteenth Street Corridor. The Fifteenth Street Corridor is for 1
those properties abutting Fifteenth Street from Hancock 2
Street to Immokalee Drive. 3
4
d) Side Streets. The interior streets include all streets running 5
perpendicular and parallel to the Main Street, First Street 6
and Fifteenth Street Corridors within the Main Street 7
Overlay Subdistrict. 8
9
Table 1. Dimensional Requirements in the MSOS 10
DESIGN
DISTRICT
SETBACK FROM THE
STREET(FRONT/CORNER)
SIDE YARD
SETBACK
REAR YARD
SETBACK
MAIN STREET
CORRIDOR
0’ from property line or 10’
maximum from the back of
the curb*
Min. = 0’ if
neighboring
building has 0’
setback,
otherwise
maintain a
building
separation of 10’
(see Illustration
3)
Max. = 50% of
lot width (both
sides combined)
(see Illustration
4)
5’ or 20’ when
abutting
residential
FIRST STREET
CORRIDOR
0’ from property line or 8’
maximum from the back of
the curb*
Min. = 0’ if
neighboring
building has 0’
setback,
otherwise
maintain a
building
separation of 10’
(see Illustration
3)
Max. = 50% of
lot width (both
sides combined)
(see Illustration
4)
5’ or 20’ when
abutting
residential
FIFTEENTH
STREET
CORRIDOR
0’ from property line or 25’
maximum from the back of
the curb*
Per LDC 5’ or 20’ when
abutting
residential
INTERIOR
STREETS
5’ maximum for the first two
stories, plus 5’ additional
setback for buildings over
Per LDC 5’ or 20’ when
abutting
residential
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1
Illustration #1 General Building Setbacks Plan View 2
3
4
5
Illustration #2 Setback requirements along Side Streets 6
7
8
9
Illustration #3 Side Yard Setback Requirements – Alternative 1 10
11
two stories; measured from
property line
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1
2
Illustration #4 Side Yard Setback Requirements – Alternative 2 3
4
5
6
c. Exceptions to Building Setback Requirements . 7
8
i. Public Space: Street setbacks may be permitted up to 30 feet if 9
pedestrian courtyards, plazas, cafes, fountains, or other public 10
gathering places are provided in front of the recessed portion of the 11
building. For buildings greater than 40 feet in width, the increased 12
setback area shall not exceed 50 percent of the building frontage 13
and shall incorporate a street wall along the original setback line. 14
15
ii. Arcades: The use of arcades is encouraged and therefore allowed 16
to extend up to the property line. They may have enclosed space, 17
balconies, or verandas above them. Arcades should be open and 18
non-air conditioned. 19
20
3. Building and site design standards. 21
22
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a. Architectural Styles. All new non-residential buildings within the MSOS are 1
required to adopt architectural elements consistent with one of the following 2
types of architecture. Architectural style descriptions and their attributes 3
are listed below and in Table 1. 4
5
Table 1. Architectural style descriptions 6
7
Spanish Vernacular Frame
Vernacular
Contemporary
Mediterranean Mission
Roof Types Multi-level roofs
Gable
Hip
Pent/Visor
Parapets
Flat roof with
curvilinear
parapets are
most common
Gable and Hip
also
used.
Pent/Visor
Gable
Hip
Pent/Visor
Parapets
Flat overhanging
roof
Gable
Hip
Pent
Roof Materials Barrel Tile (half
cylinders) or
Spanish Tile (s-
curved shape) in
red and earth
tones.
Barrel Tile (half
cylinders) or
Spanish Tile (s-
curved shape)
Metal roof (5v
panels or narrow
standing seam)
Metal roof
Concrete tiles
Solar tiles
Façade
Materials
Stucco with
sand finish or
hand troweled
Stucco with sand
finish or hand
troweled
Lapped siding
with corner
boards (wood or
vinyl)
Vertical board &
batten siding
Pattern shingles
(for accent only)
Concrete
Glass
Steel
Windows Arched windows
(some triple-
arched)
Vertical in
proportion
Half round
transom above
windows
Sashed
Vertical
Half round
transom
Sashed
Tall and narrow
proportion
Sashed
Window and door
trim projects out
from wall
cladding
Building Color Typically earth
tones; however,
due to heavy
influence from
Central & South
America brighter
colors are
encouraged
Typically earth
tones; however,
due to heavy
influence from
Central & South
America brighter
colors are
encouraged
Typically, pastel
colors with white
trim/accent;
however, due to
heavy influence
from Central &
South America
brighter colors
are encouraged
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Ornamentation Arcades
Balconies
Full arches
Wrought iron,
wood or cast
stone railings.
Patterned tiles
or single tiles
used for accent.
Carved
stonework
Wood or iron
window grilles
Tile vents
Arcades
Balconies
Full arches
Wrought iron,
wood or cast
stone railings.
Patterned tiles or
single tiles used
for accent.
Carved
stonework
Wood or iron
window grilles
Tile
Porches
Columns,
spindles (square
or turned)
Gable end or
eave brackets
Shutters
Transom
windows
Fences Combination of
masonry and
wrought iron
Combination of
masonry and
wrought iron
Wood picket
fences
1
i. Spanish vernacular. 2
3
a) Mediterranean Style: Also known as Spanish Eclectic or 4
Spanish Colonial Revival. Characteristics typically include 5
barrel tile, low-pitched roofs usually with little or no 6
overhang, parapets, arches, stucco, and asymmetrical 7
facades. Mediterranean style buildings typically contain the 8
following: multi-level roofs composed of barrel tile (half 9
cylinders) or Spanish Tiles (s-curved shape) in red and earth 10
tones, façade of stucco and sand finish or hand troweled, 11
arched windows (some triple-arched), ornamentation 12
contain full arches and patterned tiles or single tile for 13
accent. 14
15
b) Mission Style: Influenced by the Spanish Colonial Style. 16
Characteristics typically include barrel tile roofs, arches, 17
earth tone colors, and asymmetrical façades finished in 18
stucco. Similar to the Mediterranean Style but exhibiting 19
much less ornamentation and detailing. Mission Style 20
buildings typically contain flat roof with curvilinear parapets 21
are most common, barrel tile (half cylinders) or Spanish Tile 22
(s-curved shape), stucco with sand finish or hand troweled, 23
and ornamentation containing full arches. 24
25
c) Frame Vernacular: Also known as Florida Cracker or Key 26
West Style. Some frame vernacular buildings in Florida 27
exhibit a Caribbean influence, while others are more 28
utilitarian or rural in nature. Most familiar elements of this 29
style are the use of horizontal siding for façade finish, 30
elaborate wood balustrades, large porches, and metal roofs. 31
Frame Vernacular buildings typically contain metal roofs (5v 32
panels or narrow standing seam), lapped siding with corner 33
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boards (wood or vinyl) and ornamentation of gable end or 1
eave brackets. 2
3
d) Contemporary: Contemporary architecture focuses on 4
innovation while being in harmony with nature through the 5
use of clean geometric lines and elements such as 6
openness both in interiors and to the outside, natural light, 7
eco-friendly materials and creative styles. This is achieved 8
through the use of a range of building materials such as 9
concrete, glass, wood, and metals. 10
11
b. Building Façade Design. Buildings shall have architectural features and 12
patterns that provide visual interest from the perspective of the pedestrians 13
and motorists. All additions and alterations shall be compatible with the 14
principal structure in design, color, and materials. 15
16
i. Façade orientation. New buildings shall orient the principal 17
entrance façade parallel to the public right-of-way. If the building 18
fronts on more than one public right-of-way, all facades facing the 19
public rights-of-way shall be designed consistent with primary 20
façade requirements. 21
22
ii. Façade continuity. Facades along Main Street should limit building 23
gaps along the block. If a gap is created between two buildings, one 24
of the following should be provided. 25
26
a) A pedestrian courtyard (connecting to rear parking areas or 27
alleys), or 28
29
b) A decorative façade connecting the two buildings, or 30
31
c) A low street wall along that portion of the lot along the right-32
of-way not devoted to pedestrian or vehicular access. 33
34
iii. Façade variation. 35
36
a) Primary façades shall not exceed 20 horizontal feet and 10 37
vertical feet, without three (3) of the following elements. 38
When selecting these elements, there shall be a 39
combination of vertical and horizontal elements in order to 40
create variation in the façade. 41
42
i) A change in plane, such as an offset, reveal, or 43
projecting rib (columns, built in planters, arches, 44
voids, etc.). Such plane projections or recesses 45
shall have a width of no less than 20 inches, and a 46
depth of at least six (6) inches. 47
48
ii) Awnings. 49
50
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iii) Arcades/colonnades. 1
2
iv) Balconies. 3
4
v) Complementary change in material/texture. 5
6
vi) Garage doors. 7
8
vii) Doors and/or windows. 9
10
viii) Decorative architectural elements (tiles, medallions, 11
etc.). 12
13
ix) Raised bands/cornices. 14
15
b) Secondary façades shall include at least two (2) elements 16
from the primary façade list above. In addition to the list 17
above a mural or wall art may be substituted for two (2) 18
façade elements. 19
20
c. Entrances. 21
22
i. Corner buildings along the Main Street, First Street or Fifteenth 23
Street corridor shall orient the primary entrance to the primary 24
street. 25
26
ii. All primary entrances shall include one of the following: 27
28
a) Protruding front gable. 29
30
b) Pilasters, columns, a stoop or other projection or recession 31
in the building footprint that clearly identifies the entrance. 32
33
iii. In addition, every primary entrance shall have two (2) other 34
distinguishing features from the list below: 35
36
a) Variation in building height; 37
38
b) Canopy or portico; 39
40
c) Raised cornice or parapet over door; 41
42
d) Arches/columns; 43
44
e) Ornamental and structural architectural details. 45
46
d. Glazing. 47
48
i. The arrangement of windows and doors should be consistent with 49
the architectural style of the building. 50
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1
ii. Windowless façades facing the public right-of-way are prohibited. 2
3
iii. Transparency requirements include the following: 4
5
a) The ground floor building wall facing the street shall contain 6
windows and doors occupying at least 50 percent of the first-7
floor façade. The first-floor windows shall be located 8
between three (3) and eight (8) feet measured from ground 9
level. All other floors and elevations shall contain at least 25 10
percent glazing. 11
12
b) Clear glass (88 percent light transmission) should be 13
installed on the first floor. Tinted glass allowing a minimum 14
of fifty percent light transmission should only be allowed on 15
second floor windows and above. Stained or art glass is 16
allowed only if it is in character with the style of the building, 17
such as in a church. 18
19
c) Office uses shall have front exterior walls containing a 20
minimum of 25 percent transparent or translucent materials 21
on each story. The side exterior walls (facing the street) 22
shall each contain a minimum of 15 percent transparent or 23
translucent materials on each story. 24
25
d) Transparent materials on walls that are not parallel or 26
approximately parallel to the public right-of-way and on 27
doors shall not be counted toward the minimum 28
transparency requirement. 29
30
e) Garage or service bay doors shall not be included in the 31
transparency/translucency calculation. 32
33
e. Landscaping and buffering. To encourage redevelopment, the following 34
landscape criteria shall apply to all commercially zoned properties and 35
those residential properties with permitted commercial uses, except where 36
otherwise prohibited by this subdistrict. The following landscape buffering 37
criteria shall be applicable to projects with a total building square footage 38
of less than or equal to 5,000 square feet . For all others, 4.02.27.B.4 39
applies: 40
41
i. Properties adjacent to residentially zoned lots/parcels shall provide 42
a minimum 10 foot wide landscape buffer, six (6) foot high hedge or 43
wall (four (4) feet at planting; six (6) feet within one (1) year) with 44
trees spaced no more than 25 feet on center; 45
46
ii. Properties adjacent to commercially zoned lots/parcels shall 47
provide a minimum seven and a half (7.5) foot wide landscape 48
buffer with a single row hedge and trees spaced no more than 30 49
feet on center. The hedge shall at a minimum consist of three (3) 50
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gallon plants, two (2) feet in height spaced a minimum of three (3) 1
feet on center at planting. 2
3
iii. A minimum seven and a half (7.5) foot buffer, with at least two (2) 4
trees per lot/parcel or one (1) tree per 40 linear feet whichever is 5
greater, shall be required adjacent to all rights-of-way; 6
7
iv. Lots/parcels that are unable to meet the minimum landscape criteria 8
above, shall be required to provide landscaping to the greatest 9
extent practicable, or an alternative enhancement plan that may 10
include planters and/or flower boxes for each property, as approved 11
by the County Manager or designee. 12
13
f. Off-street parking. Minimum off-street parking and off-street loading. 14
Standards for parking within the MSOS, and as set forth below: 15
16
i. Outdoor café/seating areas shall be exempt from parking 17
calculations. 18
19
ii. All properties within the MSOS, having frontage on Main Street, 20
First Street, or Ninth Street are required by this subdistrict to locate 21
all parking areas in the rear yard and/or side yards. 22
23
a) Lots, parcels, or uses which have frontage on West Main 24
Street (SR 29) or First Street (CR 846) shall comprise the 25
primary areas within the MSOS. 26
27
b) Uses in existence, as of the effective date of this LDC 28
section, are exempt from the minimum parking 29
requirements as set forth in section 4.05.00 except that 30
existing uses shall not reduce the number of spaces below 31
what is provided as of the effective date of this LDC. 32
33
c) A change of use shall be exempt from the minimum parking 34
requirements as set forth in LDC section 4.05.00 up to an 35
intensity level of one (1) parking space per 100 square feet. 36
A change of use to an intensity of greater than one (1) space 37
per 100 square feet shall require parking at one (1) parking 38
space per 150 square feet. 39
40
d) Any use in a building constructed after the effective date of 41
this LDC will be required to provide parking at 50 percent of 42
the minimum requirement as set forth in LDC section 43
4.05.00. 44
45
iii. Lots, parcels, or uses which do not have frontage on Main Street or 46
First Street shall comprise the secondary area within the MSOS. 47
48
a) Uses in existence as of the effective date of this LDC 49
Section are exempt from the minimum parking requirements 50
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as set forth in LDC section 4.05.00 except that existing uses 1
shall not reduce the number of spaces below that which is 2
provided as of the effective date of this LDC. 3
4
b) A change of use shall be exempt from the minimum parking 5
requirements as set forth in LDC section 4.05.00 up to an 6
intensity level of one (1) parking space per 100 square feet. 7
A change of use to an intensity greater than one (1) parking 8
space per 100 square feet shall require parking at 50 9
percent of the minimum requirement as set forth under LDC 10
section 4.05.00. No change in use shall allow for a reduction 11
of the current number of parking spaces provided. 12
13
iv. The provisions of the MSOS do not prevent establishments utilizing 14
shared parking agreements and off-site parking arrangements as 15
set forth in LDC section 4.05.00. Furthermore, the maximum 16
distances set forth in LDC section 4.05.00 shall be increased to 17
1,000 feet within the boundaries of the MSOS. Properties within the 18
MSOS entering into off-site parking agreements with properties 19
outside the MSOS may utilize the 1,000-foot rule. 20
21
v. Standards for landscaping in vehicular use areas within the MSOS. 22
23
a) Landscaping is required in the interior of vehicular use 24
areas. At least ten percent of the gross square footage of 25
onsite vehicular use area shall be devoted to interior 26
landscaping areas. 27
28
b) All rows of parking spaces shall be bordered on each end 29
by curbed landscape islands/Terminal Landscape Islands. 30
Each terminal island shall measure no less than eight feet 31
in width from inside the curb and extend the entire length of 32
the single or double row of parking spaces bordered by the 33
island. Type D or Type F curb per current FDOT Design 34
Standards is required around all landscape islands. 35
Terminal islands shall be landscaped with at least one 36
canopy tree. The remainder of the terminal island shall be 37
landscaped with sod, ground covers or shrubs or a 38
combination of any of the above. 39
40
c) Vehicular use areas under twenty-five (25) required parking 41
spaces within the MSOS are exempt from the LDC section 42
4.05.00 requirement that does not allow more than 10 43
contiguous parking spaces without being separated by a 44
landscape island. In lieu of landscape islands, ten percent 45
of the gross square footage of onsite vehicular use area 46
shall be added to the perimeter landscape buffer area. 47
48
g. Fencing. 49
50
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i. Street walls are required to screen off-street parking facilities 1
(spaces or driveways) from the right-of-way. 2
3
ii. Street walls shall be a minimum of three (3) feet and a maximum of 4
five (5) feet in height. 5
6
iii. Street walls greater than three (3) feet in height above grade shall 7
be no more than 50 percent solid. 8
9
iv. Street walls should be designed to complement the principal 10
building style, materials, and colors. 11
12
v. In lieu of a street wall, a continuous hedge row no more than four 13
(4) in height can be provided. 14
15
vi. Utilities/service areas. 16
17
a) Accessory structures shall have the same architectural 18
detail, design elements and roof design as the primary 19
structure. 20
21
b) Rooftop mechanical equipment should be integrated into 22
the overall mass of a building by screening it behind 23
parapets or by recessing equipment into hips, gables, 24
parapets, or similar features. Plain boxes as the only 25
screening mechanism are not acceptable. 26
27
c) Equipment installed at ground level shall be screened by low 28
walls or landscaping. 29
30
d) Areas for outdoor storage, trash collection, and loading shall 31
be incorporated into the primary building design. The 32
materials used shall be of comparable quality and 33
appearance to those of the primary building. 34
35
e) Loading areas or docks, outdoor storage, waste disposal, 36
mechanical equipment, satellite dishes, truck parking, and 37
other service support equipment shall be located behind the 38
building line and shall be fully screened from the view of 39
public rights-of-way. 40
41
h. Signage. 42
43
i. Projecting signs are permitted in addition to permitted signs 44
provided such signs do not exceed six (6) square feet in size and 45
are elevated to a minimum of eight (8) feet above any pedestrian 46
way. 47
48
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ii. Sandwich boards are permitted, one (1) per establishment, not to 1
exceed six (6) square feet in size and shall only be displayed during 2
business hours. 3
4
D. State Road 29A Commercial Overlay Subdistrict (SR 29OS). 5
6
1. Purpose and intent. The standards described in this section shall apply to all non-7
residential uses in this overlay subdistrict. Where a conflict may arise between 8
these regulations and LDC section 4.02.27, the subdistrict regulations shall control. 9
10
a. Exceptions. Owners of lots or combination of lots having less than the 11
required street frontage may petition the Board of Zoning Appeals for a 12
variance from the standard in this subdistrict as will not be contrary to the 13
public interests when owing to special conditions peculiar to the property, 14
a literal enforcement of these standards would result in unnecessary and 15
undue hardship. 16
17
2. Dimensional standards. 18
19
a. Height. Buildings shall have a maximum height of 50 feet. 20
21
b. Setback. 22
23
i. Front Setback – Minimum 25 feet when abutting S.R. 29, all others 24
shall comply with their underlying zoning and use standards. 25
26
ii. Rear Setback – Minimum of 25 feet when abutting S.R. 29, all 27
others shall comply with their underlying zoning and use standards. 28
29
3. Landscaping and buffering. 30
31
a. Projects with a total building square footage of less than or equal to 5,000 32
square feet shall provide a 10-foot Type A landscape buffer as described 33
in section 4.06.00 along vehicular rights-of-way with required sidewalks 34
and adjacent residential development. Where abutting a commercially 35
zoned or developed property, a Type A landscape buffer as described in 36
section 4.06.00 must be provided. 37
38
b. Projects with a total building square footage exceeding 5,000 square feet 39
shall provide landscape buffering in accordance with section 4.02.27.B.4. 40
of this LDC. 41
42
4. Off-street parking. 43
44
a. Access points to SR-29 shall comply with Florida State Department of 45
Transportation (FDOT) access management regulations. Parcels that have 46
less than 440 feet of street frontage shall provide access off existing 47
adjacent roadways, when possible, and should not directly access SR -29. 48
49
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b. Shared parking arrangements and interconnections between adjoining 1
developments shall be encouraged. 2
3
c. Sidewalks shall be provided to encourage pedestrian traffic. The location 4
of said sidewalks shall be coordinated with adjacent projects. 5
6
E. Jefferson Avenue Commercial Overlay Subdistrict (JACOS). 7
8
1. Purpose and intent. The standards described in this section shall apply to all non-9
residential uses in this overlay subdistrict. Where a conflict may arise between 10
these regulations and LDC section 4.02.27, the subdistrict regulations shall control. 11
12
2. Dimensional standards. 13
14
a. Height. Commercial buildings shall have a maximum height of 50 feet 15
excluding 10 feet for under-building parking. 16
17
b. Setback. 18
19
i. Front Setback – A minimum of 25 feet for all commercial buildings 20
when abutting Jefferson Avenue. All other setbacks shall comply 21
with their underlying zoning and use standards. 22
23
ii. All other setbacks shall be in accordance with the underlying zoning 24
and use standards. 25
26
3. Landscaping and buffering. 27
28
a. Projects with a total building square footage of less than or equal to 5,000 29
square feet shall provide a 10 foot Type I-A landscape buffer, as identified 30
in LDC section 4.02.27 B.4, on Jefferson Avenue. 31
32
b. Projects with a total building square footage exceeding 5,000 square feet 33
shall provide landscape buffering in accordance with LDC section 4.02.27 34
B.4. 35
36
4. Off-street parking. 37
38
a. Access points for future commercial development shall be limited to a 39
maximum of one (1) per 150 feet of street frontage. 40
41
b. Properties with less than the required street frontage, shall be encouraged, 42
and may be required as a condition of site development plan approval, to 43
utilize shared access points with adjoining commercial development. 44
45
i. Owners of lots or combination of lots having less than the 150-foot 46
of required frontage may petition the Board of Zoning Appeals for a 47
variance from the standard in this subdistrict as will not be contrary 48
to the public interest when owing to special conditions peculiar to 49
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the property, a literal enforcement of these standards would result 1
in unnecessary and undue hardship. 2
3
ii. Provisions for shared parking arrangements with adjoining 4
developments shall be encouraged. 5
6
F. Loop Road Overlay Subdistrict (LROS). 7
8
1. Purpose and intent. The standards described in this section shall apply to all non-9
residential uses in this overlay subdistrict. Where a conflict may arise between 10
these regulations and LDC section 4.02.27, the subdistrict regulations shall control . 11
12
a. Access management within the LROS shall be coordinated with Florida 13
Department of Transportation (FDOT) and Collier County Transportation 14
Operations. 15
16
b. Access management shall be consistent with FDOT regulations and is 17
subject to applicable regulations and review by Collier County 18
Transportation Operations and Growth Management Community 19
Development Department. 20
21
c. Cross-access connections shall be consistent with FDOT requirements. 22
23
2. Dimensional standards. 24
25
a. Height – Buildings shall have a maximum height of 50 feet. 26
27
b. Setbacks shall be determined by the underlying zoning district. 28
29
3. Buffers. All non-residential development shall provide a Type I-C Buffer when 30
abutting Residential uses. All other buffers shall comply with 4.02.27.B.4. 31
32
G. Agribusiness/Farm Market Overlay Subdistrict (AFOS). 33
34
1. Purpose and intent. The standards described in this section shall apply to all non-35
residential uses in this overlay subdistrict. Where a conflict may arise between 36
these regulations and LDC section 4.02.27, the subdistrict regulations shall control. 37
38
2. Exceptions. The following uses, located within the AFOS and as identified in the 39
Standard Industrial Classification Manual, are exempt from the provisions set forth 40
in LDC section 5.05.08, Architectural and Site Design Standards for Commercial 41
Buildings and Projects and LDC section 4.02.27. 42
43
a. Agricultural Services (0723). 44
45
b. Wholesale Trade (5148). 46
47
c. Agricultural Outdoor Sales. 48
49
3. Dimensional standards. 50
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1
a. Dimensional standards shall be as required for the C-5 zoning district 2
except that the minimum floor area shall be 500 square feet of gross floor 3
area for permitted principal agricultural structures. 4
5
b. Building height shall have a maximum height of 50 feet. 6
7
H. Industrial Mixed Use Commercial Overlay Subdivision (IMCOS). 8
9
1. Purpose and intent. The standards described in this section shall apply to all non-10
residential uses in this overlay subdistrict. Where a conflict may arise between 11
these regulations and LDC section 4.02.27, the subdistrict regulations shall control. 12
13
2. Dimensional standards. 14
15
a. Height. Building height shall be a maximum of 50 feet. 16
17
b. Setback. A minimum 75-foot building setback is required for all 18
development adjacent to residentially or agriculturally zoned properties. 19
This setback may be reduced to 50 feet if a minimum six (6) foot tall 20
decorative wall or fence, providing at least 80 percent, opacity is installed 21
within the reduce setback, and the required 20 -foot landscape buffer is 22
located between the wall or fence and the adjacent residentially and/or 23
agriculturally zoned properties. 24
25
3. Landscaping and buffering. 26
27
a. A minimum 20-foot-wide vegetated landscape buffer shall be provided. 28
This vegetated buffer shall be located adjacent to all property lines and 29
shall contain, at a minimum, two staggered rows of trees that shall be 30
spaced no more than 30 feet on center, and a double hedge row at least 31
24 inches in height at time of planting and attaining a minimum of three (3) 32
feet in height within one year. 33
34
b. Existing native trees must be retained within this 20 -foot-wide buffer area 35
to aid in achieving this buffer requirement; other existing native vegetation 36
shall be retained where possible, to aid in achieving this buffer requirement. 37
38
c. Water retention/detention aeras shall be allowed in this buffer area if left in 39
a natural state, and drainage conveyance thorough the buffer area shall be 40
allowed if necessary to reach an external outfall. 41
42
I. Specific Design Standards for New Mobile Home Lots in the Immokalee Urban Area 43
Overlay District (IUAOD). 44
45
1. Purpose and intent. The purpose of this section is to provide relief form the 46
dimensional standards established in LDC section 4.02.01 for new mobile home 47
lots approved through an existing conditions site improvement plan or 48
amendments thereof within the Nonconforming Mobile Home Site Overlay 49
Subdistrict as established in LDC section 2.03.07 G.3.g. This section shall not 50
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apply to the replacement of mobile home units identified on lots established by an 1
existing conditions site improvement plan. 2
3
2. Dimensional standards. 4
5
Table 1. Dimensional Standards for New Mobile Home Lots within the IUAOD 6
7
Design Standard
Minimum lot requirements
Single-wide units
Double-wide units
2,400 square feet
3,500 square feet
Minimum lot widths
Single-wide units
Double-wide units
35 feet
45 feet
Minimum setback requirements
Interior roads
Front yard
Side yard
Rear yard
Public Road frontages
10 feet
5 feet
8 feet
20 feet
Minimum separation between structures 10 feet
Minimum floor area for replacement units 320 square feet
8
3. Dumpster/Enclosure. A dumpster or enclosure for individual containers is required 9
in accordance with LDC section 5.03.04. No dumpster shall be located closer than 10
fifteen (15) feet from any public street. 11
12
4. Private Roads. Private roads leading to and serving the mobile home park or 13
mobile home lots must be improved and maintained and shall consist of a dust -14
free surface with a minimum width of 20 feet. The dust free surface may consist of 15
aggregate material treated with oil-based material that will bind the aggregate 16
material into a form of macadam road finish. A drainage ditch capable of storing 17
the first one inch of rainfall shall be incorporated into the right-of-way design-cross 18
section, exclusive of the required 20 feet. Drainage shall be directed to a public 19
road via the private road and/or easement conveyance, unless it can be proved 20
that the on-site percolation rates exceed the on-site retention requirement. 21
22
J. Deviation Regulations (previously LDC section 2.03.07 G.7). Property owners within the 23
Immokalee Urban Overlay District may request deviations from specific dimensional 24
requirements as described in this section. A deviation request may be reviewed 25
administratively or by the Planning Commission depending upon its scope. This section 26
addresses the permissible deviations, limitations thereon, and the review process. 27
28
1. Review process. Insubstantial deviations will be reviewed administratively by the 29
County Manager or designee. Substantial deviations will be reviewed by the 30
Hearing Examiner. This section is not intended to replace the current established 31
process of requesting deviations through the PUD rezoning process. Any 32
deviations from the LDC which are not expressly provided for in this section shall 33
be processed as variances in accordance with LDC section 9.04.00. 34
35
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2. Concurrent deviation application required. All deviation requests shall be made 1
concurrently with an application for an SDP or amendment, SIP, or Final 2
Subdivision Plat, or in the case of sign deviations, with a building permit. The 3
applicant shall list all requested deviations on the required site plan(s) and shall 4
depict the deviation(s) graphically on the plan(s). Additional graphic information 5
may also be required by staff, on a case-by-case basis. 6
7
3. Insubstantial deviation. Requested deviations that do not exceed 10 percent of the 8
required dimension, amount, size, or other applicable dimensional standard, with 9
the exception of the required number of parking spaces, which may not exceed 20 10
percent of the LDC requirement (not more than 10 spaces), are insubstantial. To 11
be approved, the following criteria must be considered: 12
13
a. The proposed deviation is compatible with adjacent land uses and 14
structures, achieves the requirements of the regulations as closely as is 15
practicable, and meets the intent of the related LDC provisions; and 16
17
b. The applicant proposes equitable tradeoffs for the proposed diminution in 18
development standards, such as increased open space, landscaping, 19
pedestrian spaces, buffering or architectural features, in order to meet the 20
intent of the regulation being diminished. 21
22
4. Substantial deviations. Requested deviations that do not qualify as insubstantial 23
deviations are substantial deviations. The CCPC shall consider the following: 24
25
a. Whether or not the proposed deviation is compatible with adjacent land 26
uses and achieves the requirements and/or intent of the regulations as 27
closely as is practicable. 28
29
b. Whether the proposed deviation is the minimum amount necessary to allow 30
for reasonable use of the property and/or address the issue necessitating 31
the deviation request. 32
33
c. Whether the reduced or increased standard requested by the deviation is 34
mitigated for, either on the subject site or by providing a public benefit on 35
the subject site. Examples of such on-site mitigation include but are not 36
limited to: increasing setbacks from the adjacent road right-of-way when 37
proposing to deviate from sign size limitations; increasing plantings or 38
planting sizes or installing a fence or wall where a reduced buffer width is 39
proposed; providing public pedestrian and/or bicycle pathway easements 40
or other similar mobility improvements including transit enhancements; 41
providing public parking; providing beautification in the public realm, 42
including street trees, street furniture, lighting and other similar public 43
benefits. 44
45
5. Applicability – List of Development Standards Eligible for Deviation Requests. 46
Property owners shall be eligible to seek a deviation from the dimensional 47
requirements of the following LDC sections, unless otherwise noted. 48
49
a. LDC section 2.03.01, limited to subsection A.1.b.4.ii. 50
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1
b. LDC section 2.03.03, limited to the following subsections: 2
3
i. A.1.c.11.vii. limited to a maximum of three stories, viii., and ix.; and 4
5
ii. E.1.c.4.iv. 6
7
c. LDC section 2.03.04, limited to subsection A.1.c.2.iv., minimum lot area 8
only. 9
10
d. LDC section 3.05.07 B.1 Preservation Standards, Specific Standards 11
Applicable Outside the RMFU and RLSA districts, Required Preservation 12
Percentages (Table 1 inset). 13
14
e. LDC section 4.02.01 A Dimensional Standards for Principal Uses in Base 15
Zoning Districts: 16
17
i. Table 1. Lot Design Requirements for Principal Uses in Base 18
Zoning Districts. 19
20
ii. Table 2. Building Dimension Standards for Principal Uses in Base 21
Zoning Districts, excluding building height and in the case of 22
commercial parcels, no deviation shall be granted, for new 23
development, from the required 50-foot building setback when 24
abutting residentially zoned properties, or from the minimum 10-foot 25
wide landscaped strip between the abutting road right-of-way and 26
the off-street parking area for new development, but deviations from 27
these requirements may be considered in the case of 28
redevelopment where existing structures and/or encroachments 29
are proposed to remain; 30
31
iii. Table 2.1 - Table Of Minimum Yard Requirements (Setbacks) for 32
Base Zoning Districts. 33
34
f. LDC section 4.02.02 Dimensional Standards for Conditional Uses and 35
Accessory Uses in Base Zoning Districts, limited to subsection E, except 36
building height. 37
38
g. LDC section 4.02.03 Specific Standards for Location of Accessory 39
Buildings and Structures, Dimensional Standards, except that in the case 40
of new development on commercial parcels, no deviation shall be granted 41
from the required 50-foot building setback when abutting residentially 42
zoned properties, or from the minimum 10-foot wide landscaped strip 43
between the abutting road right-of-way and the off-street parking area. 44
Deviations from these requirements may be considered in the case of 45
redevelopment where existing structures and/or encroachments are 46
proposed to remain. 47
48
h. LDC section 4.02.03 B. Accessory Building Lot Coverage. 49
50
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i. LDC section 4.02.27 D. Specific Design Standards for the Immokalee —1
State Road 29A Commercial Overlay Subdistrict, Building Design 2
Standards. 3
4
j. LDC section 4.02.27 E. Same—Jefferson Avenue Commercial Overlay 5
Subdistrict, Building Design Standards. 6
7
k. LDC section 4.02.27 G. Same—Agribusiness/Farm Market Overlay 8
Subdistrict, Dimensional Standards. 9
10
l. LDC section 4.02.27 C. Same—Main Street Overlay Subdistrict, limited to 11
the following subsections: A.; C.1; D.3 and D.4; and E.1, E.2, and E.3. 12
13
m. LDC section 4.05.04 G. (Spaces Required) Table 17 and 4.05.06 B 14
Loading Space Requirements, utilizing the existing administrative deviation 15
process set forth in LDC Section 4.05.04 F.4., recognizing that the reduced 16
need for off-street parking in Immokalee may be offered as a viable basis 17
for such administrative deviation. 18
19
n. LDC section 4.02.27 B.4 Buffer Requirements (limited to required width) 20
except that in the case of new development on commercial parcels, no 21
deviation shall be granted from the required 50-foot building setback when 22
abutting residentially zoned properties, or from the minimum 10 -foot-wide 23
landscaped strip between the abutting road right-of-way and the off-street 24
parking area. Deviations from these requirements may be considered in 25
the case of redevelopment where existing structures and/or 26
encroachments are proposed to remain. 27
28
o. LDC section 4.02.27 B.4.e Landscaping Requirements for Vehicular Use 29
Areas and Rights-of-Way, Standards for Landscaping in Vehicular Use 30
Areas. 31
32
p. LDC section 4.06.05 B. General Landscaping Requirements, Landscaping 33
requirements for industrial and commercial development, limited to 34
subsection B.3. 35
36
q. LDC section 4.02.27 B.4.f. General Landscaping Requirements, Building 37
Foundation Planting Requirements. 38
39
r. LDC section 4.02.27 B.2. Architectural and Site Design Standards, Building 40
Design Standards. Deviations from non-dimensional provisions of this 41
Section are also allowed as substantial deviations. 42
43
s. LDC section 4.02.27 B.3. Design Standards for Specific Uses. Deviations 44
from non-dimensional provisions of this section are also allowed as 45
substantial deviations. 46
47
t. LDC section 4.02.27 B.3. Architectural and Site Design Standards, Site 48
Design Standards, limited to subsections a, b, c. Deviations from non -49
dimensional provisions of this section are also allowed as substantial 50
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deviations. Note: Nothing in LDC section 5.05.08, Architectural and Site 1
Design Standards, shall be deemed to prohibit the use of murals on exterior 2
walls of commercial buildings in the Immokalee Urban Overlay District, 3
provided that: 1) such murals are reviewed and accepted by the Collier 4
County Redevelopment Agency staff; and 2) such murals do not contain 5
text for the purpose of advertising any business or commercial activity. 6
7
u. LDC section 5.06.04 Development Standards for Signs in Nonresidential 8
Districts, limited to subsection F. 9
10
6. Public notice. Public notice, including signage, notice to property owners and an 11
advertised public hearing, is required for substantial deviation requests, and shall 12
be provided in accordance with the applicable provisions of section 10.03.05 B, for 13
Variances. 14
15
7. Appeals. Within 30 days of the issuance of the decision of staff or of the CCPC, 16
the owner or any aggrieved person may appeal the decision to the Board of Zoning 17
Appeals pursuant to section No. 250-58 of the Codes of Laws and Ordinances. 18
19
A. Access points to SR-29 shall comply with Florida State Department of Transportation 20
(FDOT) permitting regulations. Parcels that have 440-feet or less of street frontage shall 21
provide access off existing adjacent roadways, when possible, and should not directly 22
access SR-29. 23
24
B. Owners of lots or combinations of lots having less than the required street frontage may 25
petition the Board of Zoning Appeals for a variance from the standard in this subdistrict as 26
will not be contrary to the public interest when owing to special conditions peculiar to the 27
property, a literal enforcement of these standards would result in unnecessary and undue 28
hardship. 29
30
C. Building design standards. 31
32
1. Buildings shall be set back from SR-29 a minimum of twenty-five (25) feet and from 33
the rear lot line a minimum of twenty-five (25) feet. 34
35
2. Projects with a total building square footage of less than or equal to 5,000 square 36
feet shall provide a ten (10) foot Type A landscape buffer as described in section 37
4.06.00 between vehicular rights-of-way with required sidewalks and adjacent 38
residential development. adjacent commercial projects shall provide coordinated 39
landscape plans. 40
41
3. Projects with a total building square footage of less than or equal to 5,000 square 42
feet shall provide an area equal to a minimum of two and one-half (2½) percent of 43
the total interior vehicular use area which shall be landscaped to provide visual 44
relief. 45
46
4. Projects with a total building square footage exceeding 5,000 square feet shall 47
provide landscape buffering in accordance with section 4.06.00 of this LDC. 48
49
5. Buildings shall have a maximum height of fifty (50) feet. 50
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1
D. Transportation. 2
3
1. Shared parking arrangements between adjoining developments shall be 4
encouraged. 5
6
2. Deceleration and acceleration lanes shall be consistent with the ROW Permitting 7
and Inspection Handbook and subject to FDOT approval where applicable. 8
9
3. Pedestrian traffic shall be encouraged by providing sidewalks. The location of 10
these sidewalks shall be coordinated with adjacent projects. 11
12
4.02.28 – Reserved Specific Design Standards for the Immokalee —Jefferson Avenue 13
Commercial Overlay Subdistrict 14
15
A. Building design standards. 16
17
1. Projects with a total building square footage of less than or equal to 5,000 square 18
feet shall provide a ten (10) foot Type A landscape buffer as identified in section 19
4.06.00 of this LDC on Jefferson Avenue. 20
21
2. Projects with a total building square footage exceeding 5,000 square feet shall 22
provide landscape buffering in accordance with section 4.06.00 of this LDC. 23
24
3. Commercial buildings shall be set back from Jefferson Avenue a minimum of 25
twenty-five (25) feet. 26
27
4. Commercial building shall have a maximum height of fifty (50) feet excluding ten 28
(10) feet for under-building parking. 29
30
B. Transportation. 31
32
1. Access points for future commercial development shall be limited to a maximum 33
one (1) per 150 feet of street frontage. Properties with less than the required street 34
frontage, shall be encouraged, and may be required as a condition of site 35
development plan approval, to utilize shared access points with adjoining 36
commercial development. 37
38
2. Owners of lots or combination of lots having less than the 150 -foot of required 39
frontage may petition the Board of Zoning Appeals for a variance from the standard 40
in this subdistrict as will not be contrary to the public interest when owing to special 41
conditions peculiar to the property, a literal enforcement of these standards would 42
result in unnecessary and undue hardship. 43
44
3. Provisions for shared parking arrangements with adjoining developments shall be 45
encouraged. 46
47
4.02.29 – Reserved Specific Design Standards for the Immokalee Farm Market Overlay 48
Subdistrict 49
50
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A. Dimensional standards shall be as required for the C-5 zoning district except that the 1
minimum floor area shall be 500 square feet gross floor area for permitted principal 2
agricultural structures. 3
4
B. The following uses, as identified in the Standard Industrial Classification Manual (1987), 5
are exempt from the provisions set forth in section 5.05.08, Architectural and Site Design 6
Standards for Commercial buildings and Projects. 7
8
1. Agricultural Services (0723) 9
10
2. Wholesale Trade (5148) 11
12
3. Agricultural Outdoor Sales 13
14
4.02.30 – Reserved Specific Design Standards for the Immokalee—Agribusiness Overlay 15
Subdistrict 16
17
The following uses, as identified in the Standard Industrial Classification Manual (1987), 18
are exempt from the provisions set forth in section 5.05.08. of the Architectural and Site Design 19
Standards for Commercial buildings and Projects: Agricultural Services (0723) and Wholesale 20
Trade (5148). 21
22
4.02.31 – Reserved Specific Design Standards for the Immokalee—Central Business 23
Overlay Subdistrict 24
25
Parking within the Immokalee Central Business Subdistrict shall meet the following 26
standards: 27
28
A. Lots, parcels, or uses which have frontage on West Main Street (SR 29) or First Street 29
(CR 846) shall comprise the primary areas. 30
31
1. Uses in existence as of the effective date of this LDC are exempt from the minimum 32
parking requirements as set forth in section 4.05.00 except that existing uses shall 33
not reduce the number of spaces below that which is provided as of the effective 34
date of this LDC. 35
36
2. The expansion of any use shall require parking at fifty (50) percent of the minimum 37
requirement as set forth in section 4.05.00 for the expansion only. 38
39
3. A change of any use shall be exempt from the minimum parking requirements as 40
set forth in section 4.05.00 up to an intensity level of one (1) parking space per 100 41
square feet. A change of use to an intensity of greater than one (1) space per 100 42
square feet shall require parking at one (1) parking space per 150 square feet. 43
44
4. Any use in a building constructed after the effective date of this LDC will be 45
required to provide parking at fifty (50) percent of the minimum requirement as set 46
forth in section 4.05.00.B.Lots, parcels, or uses which do not have frontage on 47
Main street or First street shall comprise the secondary area.1.Uses in existence 48
as of the effective date of this LDC are exempt from the minimum parking 49
requirements as set forth in section 4.05.00 except that existing uses shall not 50
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reduce the number of spaces below that which is provided as of the effective date 1
of this LDC.2.The expansion of any use shall require an addition to any parking of 2
the minimum number of required spaces as set forth under section 4.05.00, for the 3
expansion only.3.A change of any use shall be exempt from the minimum parking 4
requirements as set forth in section 4.05.00 up to an intensity level of one (1) 5
parking space per 100 square feet. A change of use to an intensity greater than 6
one (1) parking space per 100 square feet shall require parking at fifty (50) percent 7
of the minimum requirement as set forth under section 4.05.00. No change in use 8
shall allow for a reduction of the current number of parking spaces provided.4.Any 9
use in a building constructed after the effective date of this LDC will be required to 10
provide parking at sixty-seven (67) percent of the minimum requirement as set 11
forth in section 4.05.00. 12
13
C. In no way shall the provisions of the Immokalee central business subdistrict (ICBSD) be 14
construed so as to prevent establishments within the boundaries from taking advantage 15
of off-site parking arrangements as set forth in section 4.05.00. Furthermore, the maximum 16
distances set forth in section 4.05.00 shall be increased to 600 feet within the boundaries 17
of the ICBSD, Properties within the ICBSD entering into off -site parking agreements with 18
properties outside the ICBSD may utilize the 600-foot rule. 19
20
4.02.32 – Reserved Specific Design Standards for the Immokalee —Main Street Overlay 21
Subdistrict 22
23
A. Dimensional Standards. 24
25
1. Front yard. Ten (10) feet except in the event of an awning, arcade or colonnade 26
which may extend up to seven (7) feet into the required yard. 27
28
2. Side yard. Zero (0) in the event a wall is contiguous to another wall on an adjacent 29
property, otherwise ten (10) feet. 30
31
3. Rear yard. Five (5) feet. 32
33
4. Rear yard abutting residential. Twenty (20) feet. 34
35
5. Structures shall be no more than thirty-five (35) feet in height, except that 36
hotel/motel uses shall be no more than fifty (50) feet in height. 37
38
B. Minimum off-street parking and off-street loading. As permitted by section 4.02.31. 39
standards for parking within the Immokalee Central Business district, and as set forth 40
below: 41
42
1. Outdoor cafe areas, shall be exempt from parking calculations. 43
44
2. All properties within the Main Street Overlay subdistrict, having frontage on Main 45
Street, First Street or Ninth Street are required, by this subdistrict to locate all 46
parking areas in the rear yard and/or in side yards. 47
48
C. Signs. 49
50
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1. Projecting signs are permitted in addition to permitted signs provided such signs 1
do not exceed six (6) square feet in size and are elevated to a minimum of eight 2
(8) feet above any pedestrian way. 3
4
2. Sandwich boards are permitted, one (1) per eating establishment, not to exceed 5
six (6) square feet in size and shall only be displayed during business hours. 6
7
D. Development shall be subject to the provisions of section 5.05.08, Architectural and site 8
design standards for commercial buildings and projects, except as set forth below: 9
10
1. Properties having frontage on Main Street or First Street or Ninth Street are 11
required to locate their primary business entrance on that street. Parcels fronting 12
both Main Street and First Street or both Main Street and Ninth Street are required 13
to locate their primary business entrance on Main Street. 14
15
2. Reflective or darkly tinted glass is prohibited on ground floor windows. 16
17
3. Properties with less than fifty (50) feet of road frontage shall only require a 18
minimum of one (1) roof change. 19
20
4. Commercial projects 5,000 square feet in size or less shall only require a minimum 21
of two (2) design features, as described within section 5.05.08 of this LDC. 22
23
5. To encourage redevelopment within the Main Street Overlay subdistrict, for 24
proposed redevelopment of existing projects that do not increase impervious 25
surface area and whose total building area is less than or equal to 5,000 square 26
feet in size, the applicant shall be exempt from section 4.06.00 of the landscaping 27
and buffering provisions, requiring the seal of a landscape architect and shall also 28
be exempt from section 5.05.08., Architectural and Site Design Standards and 29
Guidelines for Commercial buildings and Projects, requiring the seal of an 30
architect.6.The minimum commercial design criteria, as set forth above, shall be 31
applicable to projects with a total building square footage of less than or equal to 32
5,000 square feet. 33
34
E. To encourage redevelopment, the following landscape criteria shall apply to all 35
commercially zoned properties and those residential properties with permitted commercial 36
uses, except where otherwise prohibited by this subdistrict. The following landscape 37
buffering criteria shall be applicable to projects with a total building square footage of less 38
than or equal to 5,000 square feet: 39
40
1. Properties adjacent to residentially zoned lots/parcels shall provide a minimum ten 41
(10) foot wide landscape buffer, six (6) foot high hedge or wall (four (4) feet at 42
planting; six (6) feet within one (1) year) with trees spaced no more than twenty 43
(25) feet on center; 44
45
2. Properties adjacent to commercially zoned lots/parcels shall provide a minimum 46
five (5) foot wide landscape buffer with a single row hedge and trees spaced no 47
more than thirty (30) feet on center. The hedge shall at a minimum consist of three 48
(3) gallon plants, two (2) feet in height spaced a minimum of three (3) feet on center 49
at planting. 50
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1
3. A minimum five (5) foot buffer, with at least two (2) trees per lot/parcel or one (1) 2
tree per forty (40) linear feet whichever is greater, shall be required adjacent to all 3
rights-of-way; 4
5
4. Lots/parcels that are unable to meet the above minimum landscape criteria, shall 6
be required to provide landscape planters and/or flower boxes for each such 7
property, as recommended by the County Manager or designee. 8
9
4.02.33 – Reserved Specific Design Standards for New Mobile Home Lots in the Immokalee 10
Urban Overlay Subdistrict 11
12
The purpose of this section is to provide relief from the dimensional standards established 13
in LDC section 4.02.01 for new mobile home lots approved through an existing conditions site 14
improvement plan or amendments thereof within the Nonconforming Mobile Home Site Overlay 15
Subdistrict, as established in LDC section 2.03.07 G.6. This section shall not apply to the 16
replacement of mobile home units identified on lots established by an existing conditions site 17
improvement plan. 18
19
A. Dimensional standards. 20
21
Table 15. Dimensional standards for the Nonconforming Mobile Home Site Overlay Subdistrict 22
23
Design Standard
Minimum lot requirements
Single-wide units
Double-wide units
2,400 square feet
3,500 square feet
Minimum lot width
Single-wide units
Double wide units
35 feet
45 feet
Minimum setback requirements
Interior roads
Front yard
Side yard
Rear yard
Public road frontages
10 feet
5 feet
8 feet
20 feet
Minimum separation between structures 10 feet
Minimum floor area for replacement units 320 square feet
24
B. A dumpster or enclosure for individual containers is required in accordance with section 25
5.03.04. of this LDC. No dumpster shall be located closer than fifteen (15) feet from any 26
public street. 27
28
C. Private roads leading to and serving the mobile home park or mobile home lots must be 29
improved and maintained, and shall consist of a dust free surface with a minimum width 30
of twenty (20) feet. The dust free surface may consist of aggregate material treated with 31
oil-based material that will bind the aggregate material into a form of macadam road finish. 32
A drainage ditch capable of storing the first one inch of rainfall shall be incorporated into 33
the right-of-way design-cross section, exclusive of the required twenty (20) feet. Drainage 34
shall be directed to a public road via the private road and/or easement conveyance, unless 35
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86
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it can be proved that the on-site percolation rates exceed the on-site retention 1
requirement. 2
3
# # # # # # # # # # # # # 4
5
5.03.02 - Fences and Walls, Excluding Sound Walls 6
7
* * * * * * * * * * * * * 8
9
G. Supplemental Standards. 10
11
1. Fences on sites with structures which are subject to LDC section 5.05.08 12
Architectural & Site Design Standards, except for residential properties located in 13
the IUAOD, must comply with the following additional standards: 14
15
a. Chain link (including wire mesh) and wood fences are prohibited forward of 16
the primary façade and shall be a minimum of 100 feet from a public right -17
of-way. If these types of fences face a public or private street then they 18
shall be screened with an irrigated hedge planted directly in front of the 19
fence on the street side. Plant material shall be a minimum of 3 gallons in 20
size and planted no more than 3 feet on center at time of installation. This 21
plant material must be maintained at no less than three -quarters of the 22
height of the adjacent fence. 23
24
b. Fences forward of the primary façade, excluding chain link, wire mesh and 25
wood are permitted under the following conditions: 26
27
i. Fences shall not exceed 4 feet in height. 28
29
ii. The fence provides either an open view at a minimum of 25 percent 30
of its length or provides variation in its height for a minimum of 15 31
percent of its length with a deviation of at least 12 inches. 32
33
iii. The fence style must complement building style through material, 34
color and design. 35
36
2. Use of chain link or wire mesh fencing (the requirements of this section are not 37
applicable to single family dwellings): 38
39
a. If located adjacent to an arterial or collector road in the urban coastal area, 40
the fence shall be placed no closer than three feet to the edge of the right -41
of-way or property line. 42
43
b. Except when located in the IUAOD, Tthe fence shall be screened by an 44
irrigated, living plant hedge at least thirty (30) inches in height at planting 45
and spaced a distance apart that will achieve opacity of 80 percent sight -46
obscuring screen within one year of planting. 47
48
c. Residential properties within the IUAOD shall allow coated chain link 49
fences (black or green) which shall not exceed four feet in height. 50
Exhibit A – List of LDC Amendments
87
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Ord. 1982-29
Ord. 1982-32
Ord. 1991-12
Ord. 1991-72
Ord. 1995-58
Ord. 1997-26
Ord. 1998-63
Ord. 2000-08
Ord. 2000-92
Ord. 2001-34
Ord. 2002-03
Ord. 2002-31
Ord. 2004-72
Ord. 2008-63
Ord. 2010-23
Ord. 2015-44
Ord. 2016-27
Ord. 2019-35
Ord. 2022-04
1
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LAND DEVELOPMENT CODE AMENDMENT
PETITION
PL20240008157
SUMMARY OF AMENDMENT
In compliance with F.S. 177. 073, this amendment updates the process for
issuing building permits for residential subdivisions or planned
communities before a final plat is recorded with the clerk of circuit court.
It allows for an applicant to request up to 50 percent of planned homes or
number of building permits when associated with a master building permit
process. It also requires a companion amendment to the Administrative
Code for Land Development. LDC amendments are reviewed by the Board
of County Commissioners (Board), Collier County Planning Commission
(CCPC), Development Services Advisory Committee (DSAC), and the
Land Development Review Subcommittee of the DSAC (DSAC-LDR).
ORIGIN
Growth Management
Community Department
(GMCD)
HEARING DATES LDC SECTION TO BE AMENDED
Board TBD 01.08.01
02.03.01
02.03.02
02.03.07
02.08.08
03.05.07
04.03.03
04.06.02
05.04.04
06.01.02
06.05.01
06.06.01
10.02.01
10.02.04
10.02.14
10.08.00
Abbreviations
Agricultural Districts
Residential Zoning Districts
Overlay Zoning Districts
Rural Fringe Zoning Districts
Preservation Standards
Subdivision Exemptions
Buffer Requirements
Model Homes and Model Sales Centers
Easements
Water Management Requirements
Street System Requirements
Pre-Application Conference Required
Requirements for Preliminary and Final Subdivision Plats
Landscape Plans
Conditional Use Procedures
CCPC TBD
DSAC TBD
DSAC-LDR 07/29/2024
1
ADVISORY BOARD RECOMMENDATIONS
DSAC-LDR
TBD
DSAC
TBD
CCPC
TBD
2
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BACKGROUND
The 2024 Florida legislature adopted Senate Bill 812 and created F.S. 177.073: Expedited appproval of
residential building permits before final plats, which became law effective May 29, 2024. See Exhibit
B. It requires by no later than October 1, 2024, local governments to expedite and update the building
permit process so an applicant may request up to 50 percent of planned homes or the number of building
permits that will be issued for a residential subdivision or planned community before a final plat is
recorded. It stipulates that a local government may not alter or restict an applicant from receiving the
number of building permits, so long as the request does not exceed 50 percent. It provides for an
applicant to contract to sell, but not transfer ownership of, a residential structure or building located in
a preliminary plat before the plat is approved by local government but not obtain the final certificate of
occupancy until the final plat is approved by the Board and recorded in public records. It further requires
local governmnets to update the expedited building permit program with certain increased precentages
(up to 75%) by December 31, 2027.
In accordance with F.S. 553.794, local government residential master building permit program, the
County has an existing process for the application of single-family, two-family, and multi-family master
building permits. This amendment seeks to modify the LDC and administrative code to allow an
applicant to identify the percentage of planned homes or number of building permits that the County
will issue at the time of preliminary plat approval. The proposed LDC changes are necessary and
consistent with the Florida Statutory requirements.
FISCAL & OPERATIONAL IMPACTS
Briefly describe potential fiscal or
operational impacts to County and
stakeholders.
GMP CONSISTENCY
To be provided by Comprehensive Planning Staff after
first review.
EXHIBITS: A) Administrative Code Amendment B) Florida Statutory References
Amend the LDC as follows:
1.08.01 Abbreviations
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* * * * * * * * * * * * *
CON Conservation Zoning District
CPD Conceptual Plat with Deviations
CRD Compact Rural Development
* * * * ** * * * * * * * *
# # # # # # # # # # # #
2.03.01 - Agricultural Districts. 1
2
3
B. Estate District (E). The purpose and intent of the estates district (E) is to provide lands for 4
low density residential development in a semi-rural to rural environment, with limited 5
agricultural activities. In addition to low density residential development with limited 6
agricultural activities, the E district is also designed to accommodate as conditional uses, 7
development that provides services for and is compatible with the low density residential, 8
semi-rural and rural character of the E district. The E district corresponds to and 9
implements the estates land use designation on the future land use map of the Collier 10
County GMP, although, in limited instances, it may occur outside of the estates land use 11
designation. The maximum density permissible in the E district shall be consistent with 12
and not exceed the density permissible or permitted under the estates district of the future 13
land use element of the Collier County GMP as provided under the Golden Gate Master 14
Plan. 15
16
1. The following subsections identify the uses that are permissible by right and the 17
uses that are allowable as accessory or conditional uses in the estates district (E). 18
19
.* * * * * * * * * * * * * 20
21
b. Accessory Uuses. 22
23
* * * * * * * * * * * * * 24
25
6. Recreational facilities that serve as an integral part of a residential 26
development and have been designated, reviewed and approved 27
on a site development plan or preliminary subdivision plat for that 28
development. Recreational facilities may include but are not limited 29
to golf course, clubhouse, community center building and tennis 30
facilities, parks, playgrounds and playfields. 31
32
* * * * * * * * * * * * * 33
# # # # # # # # # # # # # 34
35
2.03.02 - Residential Zoning Districts 36
37
A. Residential Single-Family Districts (RSF-1; RSF-2; RSF-3; RSF-4; RSF-5; RSF-6). The 38
purpose and intent of the residential single-family districts (RSF) is to provide lands 39
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primarily for single-family residences. These districts are intended to be single-family 1
residential areas of low density. The nature of the use of property is the same in all of 2
these districts. Variation among the RSF-1, RSF-2, RSF-3, RSF-4, RSF-5 and RSF-6 3
districts is in requirements for density, lot area, lot width, yards, height, floor area, lot 4
coverage, parking, landscaping and signs. Certain structures and uses designed to serve 5
the immediate needs of the single-family residential development in the RSF districts such 6
as governmental, educational, religious, and noncommercial recreational uses are 7
permitted as conditional uses as long as they preserve and are compatible with the single-8
family residential character of the RSF district[s]. The RSF districts correspond to and 9
implement the urban mixed use land use designation on the future land use map of the 10
Collier County GMP. The maximum density permissible in the residential single-family 11
(RSF) districts and the urban mixed use land use designation shall be guided, in part, by 12
the density rating system contained in the future land use element of the Collier County 13
GMP. The maximum density permissible or permitted in the RSF district shall not exceed 14
the density permissible under the density rating system, except as permitted by policies 15
contained in the future land use element. 16
17
1. The following subsections identify the uses that are permissible by right and the 18
uses that are allowable as accessory or conditional uses in the residential single-19
family districts (RSF). 20
* * * * * * * * * * * * * 21
22
a. Accessory Uuses. 23
24
* * * * * * * * * * * * * 25
4. Recreational facilities that serve as an integral part of a residential 26
development and have been designated, reviewed and approved 27
on a site development plan or preliminary subdivision plat for that 28
development. Recreational facilities may include, but are not limited 29
to, golf course, clubhouse, community center building and tennis 30
facilities, parks, playgrounds and playfields. 31
32
* * * * * * * * * * * * * 33
34
c. Conditional uses. The following uses are permissible as conditional uses 35
in the residential single-family districts (RSF), subject to the standards and 36
procedures established in LDC section 10.08.00.\ 37
38
* * * * * * * * * * * * * 39
40
9. Recreational facilities intended to serve an existing and/or 41
developing residential community as represented by all of the 42
properties/lots/parcels included in an approved preliminary 43
subdivision plat, or site development plan. The use of said 44
recreational facilities shall be limited to the owners of property or 45
occupants of residential dwellings units and their guests within the 46
area of approved preliminary subdivision plat, or site development 47
plan. 48
49
* * * * * * * * * * * * * 50
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# # # # # # # # # # # # # 1
2
B. Residential Multi-Family-6 District (RMF-6). The purpose and intent of the residential multi-3
family-6 district (RMF-6) is to provide for single-family, two-family and multi-family 4
residences having a low profile silhouette, surrounded by open space, being so situated 5
that it is located in close proximity to public and commercial services and has direct or 6
convenient access to collector and arterial roads on the county major road network. The 7
RMF-6 district corresponds to and implements the urban mixed use land use designation 8
on the future land use map of the Collier County GMP. The maximum density permissible 9
in the RMF-6 district and the urban mixed use land use designation shall be guided, in 10
part, by the density rating system contained in the future land use element of the Collier 11
County GMP. The maximum density permissible or permitted in the RMF-6 district shall 12
not exceed the density permissible under the density rating system, except as permitted 13
by policies contained in the future land use element. 14
15
1. The following subsections identify the uses that are permissible by right and the 16
uses that are allowable as accessory or conditional uses in the RMF-6 district. 17
18
* * * * * * * * * * * * * 19
a. Accessory uses. 20
* * * * * * * * * * * * * 21
22
3. Recreational facilities that serve as an integral part of a residential 23
development and have been designated, reviewed and approved 24
on a site development plan or preliminary subdivision plat for that 25
development. Recreational facilities may include, but are not limited 26
to, golf course, clubhouse, community center building and tennis 27
facilities, playgrounds and playfields. 28
29
* * * * * * * * * * * * 30
# # # # # # # # # # # # 31
32
33
C. Residential Multi-Family-12 District (RMF-12). The purpose and intent of the residential 34
multi-family 12 district (RMF-12) is to provide lands for multiple-family residences having 35
a mid-rise profile, generally surrounded by lower structures and open space, located in 36
close proximity to public and commercial services, with direct or convenient access to 37
collector and arterial roads on the county major road network. Governmental, social, and 38
institutional land uses that serve the immediate needs of the multi-family residences are 39
permitted as conditional uses as long as they preserve and are compatible with the mid -40
rise multiple-family character of the district. The RMF-12 district corresponds to and 41
implements the urban mixed use land use designation on the future land use map of the 42
Collier County GMP. The maximum density permissible in the RMF-12 district and the 43
urban mixed use land use designation shall be guided, in part, by the density rating system 44
contained in the future land use element of the Collier County GMP. The maximum density 45
permissible or permitted in the RMF-12 district shall not exceed the density permissible 46
under the density rating system, except as permitted by policies contained in the future 47
land use element. 48
49
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1. The following subsections identify the uses that are permissible by right and the 1
uses that are allowable as accessory or conditional uses in the residential multi-2
family-12 district (RMF-12). 3
4
* * * * * * * * * * * * * 5
b. Accessory uses. 6
* * * * * * * * * * * * * 7
8
1. Recreational facilities that serve as an integral part of a residential 9
development and have been designated, reviewed and approved 10
on a site development plan or preliminary subdivision plat for that 11
development. Recreational facilities may include, but are not 12
limited to, golf course, clubhouse, community center building and 13
tennis facilities, playgrounds and playfields. 14
15
* * * * * * * * * * * * * 16
# # # # # # # # # # # # # 17
18
D. Residential Multi-Family-16 District (RMF-16). The purpose and intent of the residential 19
multi-family-16 district (RMF-16) is to provide lands for medium to high density multiple-20
family residences, generally surrounded by open space, located in close proximity to 21
public and commercial services, with direct or convenient access to arterial and collector 22
roads on the county major road network. Governmental, social, and institutional land uses 23
that serve the immediate needs of the multiple-family residences are permitted as 24
conditional uses as long as they preserve and are compatible with the medium to high 25
density multi-family character of the district. The RMF-16 district corresponds to and 26
implements the urban mixed use land use designation on the future land use map of the 27
Collier County GMP. The maximum density permissible in the RMF-16 district and the 28
urban mixed use land use designation shall be guided, in part, by the density rating system 29
contained in the future land use element of the Collier County GMP. The maximum density 30
permissible or permitted in the RMF-16 district shall not exceed the density permissible 31
under the density rating system, except as permitted by policies contained in the future 32
land use element. 33
34
1. The following subsections identify the uses that are permissible by right and the 35
uses that are allowable as accessory or conditional uses in the residential multi-36
family-16 district (RMF-16). 37
38
* * * * * * * * * * * 39
b. Accessory uses. 40
* * * * * * * * * * * * * 41
42
3. Recreational facilities that serve as an integral part of a residential 43
development and have been designated, reviewed and approved 44
on a site development plan or preliminary subdivision plat for that 45
development. Recreational facilities may include, but are not limited 46
to, golf course, clubhouse, community center building and tennis 47
facilities, playgrounds and playfields. 48
49
* * * * * * * * * * * * * 50
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# # # # # # # # # # # # # 1
2
E. Residential Tourist District (RT). The purpose and intent of the residential tourist district 3
(RT) is to provide lands for tourist accommodations and support facilities, and multiple 4
family uses. The RT district corresponds with and implements the urban mixed use district 5
and the activity center district in the urban designated area on the future land use map of 6
the Collier County GMP. 7
8
1. The following subsections identify the uses that are permissible by right and the 9
uses that are allowable as accessory or conditional uses in the residential tourist 10
district (RT). 11
12
* * * * * * * * * * * * * 13
b. Accessory uses. 14
* * * * * * * * * * * * * 15
16
4. Recreational facilities that serve as an integral part of a residential 17
development and have been designated, reviewed and approved 18
on a site development plan or preliminary subdivision plat for that 19
development. Recreational facilities may include, but are not limited 20
to, golf course, clubhouse, community center building and tennis 21
facilities, playgrounds and playfields. 22
23
* * * * * * * * * * * * * 24
# # # # # # # # # # # # # 25
26
F. Village Residential District (VR). The purpose and intent of the village residential district 27
(VR) is to provide lands where a mixture of residential uses may exist. Additionally, uses 28
are located and designed to maintain a village residential character which is generally low 29
profile, relatively small building footprints as is the current appearance of Goodland and 30
Copeland. The VR district corresponds to and implements the mixed residential land use 31
designation on the Immokalee future land use map of the Collier County GMP. It is 32
intended for application in those urban areas outside of the coastal urban area designated 33
on the future land use map of the Collier County GMP, though there is some existing VR 34
zoning in the coastal urban area. The maximum density permissible in the VR district and 35
the urban mixed use land use designation shall be guided, in part, by the density rating 36
system contained in the future land use element of the Collier County GMP. The maximum 37
density permissible or permitted in the VR district shall not exceed the density permissible 38
under the density rating system, except as permitted by policies contained in the future 39
land use element, or as designated on the Immokalee future land use map of the GMP. 40
41
1. The following subsections identify the uses that are permissible by right and the 42
uses that are allowable as accessory or conditional uses in the village residential 43
district (VR). 44
45
* * * * * * * * * * * 46
b. Accessory Uuses 47
* * * * * * * * * * * * * 48
49
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3. Recreational facilities that serve as an integral part of a residential 1
development and have been designated, reviewed and approved 2
on a site development plan or preliminary subdivision plat for that 3
development. Recreational facilities may include, but are not limited 4
to, golf course, clubhouse, community center building and tennis 5
facilities, playgrounds and playfields. 6
7
* * * * * * * * * * * * * 8
9
c. Conditional uses. The following uses are permissible as conditional uses 10
in the residential single-family districts (RSF), subject to the standards and 11
procedures established in LDC section 10.08.00. 12
13
* * * * * * * * * * * * * 14
15
9. Recreational facilities intended to serve an existing and/or 16
developing residential community as represented by all of the 17
properties/lots/parcels included in an approved preliminary 18
subdivision plat, or site development plan. The use of said 19
recreational facilities shall be limited to the owners of property or 20
occupants of residential dwellings units and their guests within the 21
area of approved preliminary subdivision plat, or site development 22
plan. 23
24
* * * * * * * * * * * * * 25
# # # # # # # # # # # # # 26
27
G. Mobile Home District (MH). The purpose and intent of the mobile home district (MH) is to 28
provide land for mobile homes and modular built homes, as defined in this Land 29
Development Code, that are consistent and compatible with surrounding land uses. The 30
MH District corresponds to and implements the urban mixed-use land use designation on 31
the future land-use map of the Collier County GMP. The maximum density permissible in 32
the MH district and the urban mixed use land use designation shall be guided, in part, by 33
the density rating system contained in the future land use element of the Collier County 34
GMP. The maximum density permissible or permitted in the MH district shall not exceed 35
the density permissible under the density rating system, except as permitted by policies 36
contained in the future land use element, or as identified in the Immokalee future land use 37
map of the GMP. 38
39
1. The following subsections identify the uses that are permissible by right and the 40
uses that are allowable as accessory or conditional uses in the mobile home district 41
(MH). 42
43
* * * * * * * * * * * 44
45
a. Accessory Uuses. 46
47
* * * * * * * * * * * * * 48
3. Recreational facilities that serve as an integral part of a residential 49
development and have been designated, reviewed and approved 50
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on a site development plan or preliminary subdivision plat for that 1
development. Recreational facilities may include, but are not limited 2
to, golf course, clubhouse, community center building and tennis 3
facilities, playgrounds and playfields. 4
5
* * * * * * * * * * * * * 6
7
c. Conditional uses. The following uses are permissible as conditional uses 8
in the residential single-family districts (RSF), subject to the standards and 9
procedures established in LDC section 10.08.00. 10
11
* * * * * * * * * * * * * 12
5. Recreational facilities intended to serve an existing and/or 13
developing residential community as represented by all of the 14
properties/lots/parcels included in an approved preliminary 15
subdivision plat, PUD or site development plan. The use of said 16
recreational facilities shall be limited to the owners of property or 17
occupants of residential dwellings units and their guests within the 18
area of approved preliminary subdivision plat, or site development 19
plan. 20
21
* * * * * * * * * * * * * 22
# # # # # # # # # # # # # 23
24
2.03.07 - Overlay Zoning Districts 25
26
* * * * * * * * * * * * * 27
28
D. Special Treatment Overlay (ST). 29
30
* * * * * * * * * * * * * 31
32
4. Transfer of Development Rights (TDR). 33
34
* * * * * * * * * * * * * 35
b. Transfer of development rights from urban areas to urban areas. An owner 36
of land located within areas designated as urban on the Future Land Use 37
Map, including agriculturally zoned properties, which may or may not be 38
identified with the ST overlay, may elect to transfer some or all of the 39
residential development rights from one parcel of land to another parcel, as 40
an alternative to the development of the sending lands. The lands to which 41
the development rights are to be transferred shall be referred to as 42
receiving lands and those lands from which development rights are 43
transferred shall be referred to as sending lands, as provided herein and 44
shall be located within the urban designated areas of the county. 45
46
* * * * * * * * * * * * * 47
48
vii. Procedure for obtaining transfer of residential development rights. 49
Any owner of eligible land may apply for a transfer of development 50
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rights either separately or concurrently with rezoning, zoning 1
ordinance amendments, preliminary subdivision plat or 2
development plan. Prior to the approval of any transfer of 3
development rights or the issuance of any building permits in 4
connection with the use of any transfer of development rights, the 5
petitioner shall submit the following information and data, as 6
applicable to the petition, to the development services director for 7
his review and subsequent action by the Board of County 8
Commissioners. 9
10
* * * * * * * * * * * * * 11
# # # # # # # # # # # # # 12
13
E. Historical and Archaeological Sites (H). It is the intent of these regulations to recognize 14
the importance and significance of the County's historical and archaeological heritage. To 15
that end, it is the county's intent to protect, preserve, and perpetuate the County's historic 16
and archaeological sites, districts, structures, buildings, and properties. Further, the BCC, 17
finds that these regulations are necessary to protect the public interest, to halt illicit digging 18
or excavation activities which could result in the destruction of prehistoric and historic 19
archaeological sites, and to regulate the use of land in a manner which affords the 20
maximum protection to historical and archaeological sites, districts, structures, buildings, 21
and properties consistent with individual property rights. It is not the intent of this LDC to 22
deny anyone the use of his property, but rather to regulate the use of such property in a 23
manner which will ensure, to the greatest degree possible, that historic and archaeological 24
sites, districts, structures, buildings, and properties are protected from damage, 25
destruction, relocations, or exportations. 26
27
* * * * * * * * * * * * 28
29
2. Applicability during development review process; county projects; agriculture; 30
waiver request. 31
32
* * * * * * * * * * * * 33
34
e. Preliminary subdivision plat. Submittal for a preliminary subdivision plat 35
within an area of historical/archaeological probability but not subject to 36
subsections b through c shall include a historical/archaeological survey 37
and assessment prepared by a certified archaeologist. The preservation 38
board shall review the recommendations derived from the survey and 39
assessment and submit their recommendations to the Collier County 40
Board of County Commissioners for consideration for incorporation into 41
the local development order. Reserved. 42
43
f. Final subdivision plat or site development plan (SDP). Submittal for a final 44
subdivision plat, including construction documents or site development 45
plan (SDP) within an area of historical/archaeological probability but not 46
subject to subsections b, c, or e of this section shall include a 47
historical/archaeological survey and assessment prepared by a certified 48
archaeologist. The preservation board shall review the recommendations 49
derived from the survey and assessment which shall be incorporated into 50
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the final subdivision plat and construction document or local development 1
order. 2
3
* * * * * * * * * * * * * 4
5
L. Vanderbilt Beach Residential Tourist Overlay Zoning District (VBRTO). 6
7
5. Development criteria. The following standards shall apply to all uses in this overlay 8
district. 9
10
* * * * * * * * * * * * * 11
a. Accessory uses. 12
* * * * * * * * * * * * * 13
14
iv. Recreational facilities that serve as an integral part of a 15
residential development and have been designated, 16
reviewed and approved on a site development plan or 17
preliminary subdivision plat for that development. 18
Recreational facilities may include, but are not limited to, 19
golf course, clubhouse, community center building and 20
tennis facilities, playgrounds and playfields. 21
22
* * * * * * * * * * * * * 23
# # # # # # # # # # # # # 24
25
2.03.08 - Rural Fringe Zoning Districts 26
27
A. Rural Fringe Mixed-Use District (RFMU District). 28
29
* * * * * * * * * * * * * 30
31
2. RFMU receiving lands. RFMU receiving lands are those lands within the RFMU 32
district that have been identified as being most appropriate for development and 33
to which residential development units may be transferred from RFMU sending 34
lands. Based on the evaluation of available data, RFMU receiving lands have a 35
lesser degree of environmental or listed species habitat value than RFMU sending 36
lands and generally have been disturbed through development or previous or 37
existing agricultural operations. Various incentives are employed to direct 38
development into RFMU receiving lands and away from RFMU sending lands, 39
thereby maximizing native vegetation and habitat preservation and restoration. 40
Such incentives include, but are not limited to: the TDR process; clustered 41
development; density bonus incentives; and, provisions for central sewer and 42
water. Within RFMU receiving lands, the following standards shall apply, except 43
as noted in LDC subsection 2.03.08 A.1 above, or as more specifically provided in 44
an applicable PUD. 45
46
a. Outside rural villages. 47
48
* * * * * * * * * * * * * 49
50
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(3) Allowable Uuses. 1
2
* * * * * * * * * * * * * 3
4
(b) Accessory uses. 5
6
* * * * * * * * * * * * * 7
8
iii. Recreational facilities that serve as an integral part 9
of a residential development and have been 10
designated, reviewed, and approved on a site 11
development plan or preliminary subdivision plat for 12
that development. Recreational facilities may 13
include, but are not limited to clubhouse, 14
community center building, tennis facilities, 15
playgrounds and playfields. 16
17
* * * * * * * * * * * * * 18
19
3. Neutral lands. Neutral lands have been identified for limited semi-rural residential 20
development. Available data indicates that neutral lands have a higher ratio of 21
native vegetation, and thus higher habitat values, than lands designated as RFMU 22
receiving lands, but these values do not approach those of RFMU sending lands. 23
Therefore, these lands are appropriate for limited development, if such 24
development is directed away from existing native vegetation and habitat. Within 25
neutral lands, the following standards shall apply: 26
27
a. Allowable uses. The following uses are permitted as of right: 28
29
* * * * * * * * * * * * * 30
31
(2) Accessory uses. The following uses are permitted as accessory to 32
uses permitted as of right or to approved conditional uses: 33
34
* * * * * * * * * * * * * 35
36
(b) Recreational facilities that serve as an integral part of a 37
residential development and have been designated, 38
reviewed, and approved on a site development plan or 39
preliminary subdivision plat for that development. 40
Recreational facilities may include, but are not limited to 41
clubhouse, community center building, tennis facilities, 42
playgrounds and playfields. 43
44
* * * * * * * * * * * * * 45
# # # # # # # # # # # # # 46
47
3.05.07 - Preservation Standards 48
49
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All development not specifically exempted by this ordinance shall incorporate, at a minimum, 1
the preservation standards contained within this section. 2
3
H. Preserve standards. 4
5
1. Design standard 6
7
* * * * * * * * * * * * * 8
d. Preserve mechanisms. All preserve areas shall be designated as 9
preserves on all site plans. 10
11
On-site County required preserves shall be dedicated to the County as 12
non-exclusive conservation easements without placing on the County 13
the responsibility for maintenance of the preserve area, and the 14
easement conveyance to the County shall include the right of access 15
from existing road right-of-way. The easement shall dedicate the 16
responsibility of maintenance to a property owners association or similar 17
entity, and it shall contain allowable uses and limitations to protect the 18
preserve. All preserve areas shall be shown on the preliminary and final 19
subdivision plats in accordance with section 10.02.04, with language 20
similar to Section 704.06 F.S. 21
22
No individual residential or commercial lot, parcel lines, or other 23
easements including, but not limited to, utility or access easements that 24
are not compatible with allowable uses in preserve areas, may project 25
into a preserve area. 26
27
State and federal parks and preserves shall not be required to place their 28
preserves in a conservation easement. 29
30
Any conservation easement or other document restricting uses in a 31
preserve area shall contain the following statement (consistent with 32
CCME GMP Policy 1.1.6): 33
34
"Oil extraction and related processing operations are uses which are 35
exempt from the restrictions herein and shall remain allowed uses on the 36
lands described herein." 37
38
* * * * * * * * * * * * * 39
# # # # # # # # # # # # # 40
41
4.03.03 - Subdivision Exemptions 42
43
Before any property or development proposed to be exempted from the terms of this section may 44
be considered for exemption, a written request for exemption shall be submitted to the County 45
Manager or designee. After a determination of completeness, the County Manager or designee 46
shall approve, approve with conditions, or deny the request for exemption based on the terms of 47
the applicable exemptions. Procedures for application, review, and decision regarding 48
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exemptions from these subdivision requirements are set forth in the Administrative Code. To the 1
extent approved, the following may be exempted from these subdivision requirements. 2
3
A. Active agricultural uses. Agriculturally related development as identified in the permitted 4
and accessory uses allowed in the rural agricultural district A and located within any area 5
designated as agricultural on the future land use map of the Collier County GMP and the 6
Collier County official zoning atlas, except single-family dwellings and farm labor housing 7
subject to LDC sections 5.05.03 and 2.03.00 shall be exempt from the requirements and 8
procedures for preliminary subdivision plats and construction plans; provided, however, 9
nothing contained herein shall exempt such active agricultural uses from the requirements 10
and procedures for final subdivision plats, and where required subdivision improvements 11
are contemplated, the posting of subdivision performance security. 12
13
B. Cemeteries. The division of land into cemetery lots or parcels shall be exempt from the 14
requirements and procedures for preliminary subdivision plats and improvement plans; 15
provided, however, nothing contained herein shall exempt such division of land into 16
cemetery lots or parcels from the requirements and procedures for final subdivision plats 17
and, where required subdivision improvements are contemplated, the posting of 18
subdivision performance security; and provided, further, that such division of land into 19
cemetery lots or parcels shall be subject to and comply with the requirements and 20
procedures for site development plans as set forth in the Administrative Code and Chapter 21
10, and shall obtain site development plan approval for the entire property proposed for 22
such division of land into cemetery lots or parcels. 23
24
* * * * * * * * * * * * * 25
26
F. The division of property, occurring prior to July 15, 1998, meeting the definition of rural 27
subdivision shall not require the subdivider to record a final plat nor comply with the 28
subdivision regulations provided in LDC section 4.03.00. Nor shall the division of property 29
occurring after July 15, 1998, in the rural area require the property owner to record a final 30
plat nor comply with the subdivision regulations provided in LDC section 4.03.00, if the 31
property so divided has been the subject of a rezoning hearing by the BCC within the 24 32
month period preceding July 15, 1998. The subdivision of properties occurring after July 33
15, 1998 shall not be exempt from platting and filing a preliminary subdivision plat (PSP) 34
construction plans and final subdivision plat (PPL). However, the applicability of all 35
required subdivision improvements and standards as set forth in section LDC 4.03.00, 36
required improvements, of this LDC shall be determined by the County Manager or 37
designee on a case by case basis. The applicant, through the preliminary subdivision plat 38
(PSP) conceptual plat with deviations (CPD) process may request waivers from certain 39
"required improvements". The subdivider and purchaser of property meeting definition (a) 40
of rural subdivision shall comply with section 4.03.03 of this LDC. The division of property 41
not meeting the definition of rural subdivision is required to comply with all requirements 42
of section 4.03.00. 43
44
G. Rural area subdivision requirements. 45
46
1. Deeds and other conveyances. All deeds and other conveyances for properties 47
shall include in ten-point type the following statement: "NO GOVERNMENTAL 48
AGENCY, INCLUDING COLLIER COUNTY, SHALL EVER BE RESPONSIBLE 49
FOR THE MAINTENANCE, UPKEEP OR IMPROVEMENT OF ANY PRIVATE 50
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DRIVES, ROADS, STREETS, EASEMENTS OR RIGHTS-OF-WAY PROVIDING 1
INGRESS AND EGRESS TO THE PROPERTY HEREIN CONVEYED." 2
3
2. Building permits for rural subdivisions. Building permits will not be issued until the 4
final subdivision plat is recorded except when issued pursuant to F.S. 177.073 . 5
6
* * * * * * * * * * * * * 7
# # # # # # # # # # # # # 8
9
4.06.02 – Buffer Requirements 10
11
B. Methods of determining buffers. Where a property adjacent to the proposed use is: (1) 12
undeveloped, (2) undeveloped but permitted without the required buffering and screening 13
required pursuant to this Code, or (3) developed without the buffering and screening 14
required pursuant to this Code, the proposed use shall be required to install the more 15
opaque buffer as provided for in table 2.4. Where property adjacent to the proposed use 16
has provided the more opaque buffer as provided for in table 2.4, the proposed use shall 17
install a type A buffer. 18
19
Where the incorporation of existing native vegetation in landscape buffers is determined 20
as being equivalent to or in excess of the intent of this Code, the planning services director 21
may waive the planting requirements of this section. 22
23
Buffering and landscaping between similar residential land uses may be incorporated into 24
the yards of individual lots or tracts without the mandatory creation of separate tracts. 25
If buffering and landscaping is to be located on a lot, it shall be shown as an easement for 26
buffering and landscaping. 27
28
The buffering and screening provisions of this Code shall be applicable at the time of 29
planned unit development (PUD), preliminary subdivision plat (CPDPSP) or site 30
development plan (SDP) review, with the installation of the buffering and screening 31
required pursuant to LDC section 4.06.05 H. If the applicant chooses to forego the optional 32
CPDPSP process, then signed Signed and sealed landscape plans will be required on the 33
final subdivision plat. Where a more intensive land use is developed contiguous to a 34
property within a similar zoning district, the planning services director may 35
require buffering and screening the same as for the higher intensity uses between those 36
uses. 37
38
Landscape buffering and screening standards within any planned unit development shall 39
conform to the minimum buffering and screening standards of the zoning district to which 40
it most closely resembles. The planning services director may approve alternative 41
landscape buffering and screening standards when such alternative standards have been 42
determined by use of professional acceptable standards to be equivalent to or in excess 43
of the intent of this Code. 44
45
* * * * * * * * * * * * * 46
# # # # # # # # # # # # # 47
48
5.04.04 - Model Homes and Model Sales Centers 49
50
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* * * * * * * * * * * * * 1
2
B. Model homes and model sales centers located within residential zoning districts, a 3
residential component of a PUD, the estates (E) zoning district, or the agricultural (A) 4
zoning district, shall be restricted to the promotion of a product or products permitted within 5
the zoning district in which the model home or model sales center is located and further 6
subject to the following: 7
8
* * * * * * * * * * * * * 9
10
5. Temporary use permits for model homes or model sales centers to be located 11
within a proposed single-family development prior to final plat approval may be 12
requested by the applicant and require: 13
14
* * * * * * * * * * * * * 15
16
f. The boundaries depicted on the preliminary subdivision plat shall be 17
depicted on the SDP in order to ensure compliance with the applicable 18
development standards in effect on the subject property. 19
20
g. Final lot grading and drainage conveyance shall be in conformance with 21
the master grading plan for the project as depicted on the preliminary 22
subdivision plat submittal documents. 23
24
* * * * * * * * * * * * * 25
# # # # # # # # # # # # # 26
27
6.01.02 – Easements 28
29
If applicable, easements shall be provided along lot lines or along the alignment of the 30
improvements requiring easements in accordance with all design requirements so as to provide 31
for proper access to, and construction and maintenance of, the improvements. All such 32
easements shall be properly identified on the preliminary subdivision plat and dedicated on the 33
final subdivision plat. 34
35
* * * * * * * * * * * * * 36
37
C. Protected/preserve area and easements. A nonexclusive easement or tract in favor of 38
Collier County, without any maintenance obligation, shall be provided for all 39
"protected/preserve" areas required to be designated on the preliminary and final 40
subdivision plats or only on the final subdivision plat if the applicant chooses not to submit 41
the optional preliminary subdivision plat. Any buildable lot or parcel subject to or abutting 42
a protected/preserve area required to be designated on the preliminary and final 43
subdivision plats or only on the final subdivision plat if the applicant chooses not to submit 44
the optional preliminary subdivision plat, shall have a minimum setback as required by the 45
LDC, or other setback that may be approved as a deviation through the PUD approval 46
process by the Board of County Commissioners from the boundary of such 47
protected/preserve area in which no principle structure may be constructed. The required 48
preserve principal structure setback line and the accessory structure setback lines shall 49
be clearly indicated and labeled on the final plat where applicable. Further, the preliminary 50
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and final subdivision plats, or only on the final subdivision plat if the applicant chooses not 1
to submit the optional preliminary subdivision plat, shall require that no alteration, including 2
accessory structures, fill placement, grading, plant alteration or removal, or similar activity 3
shall be permitted within such setback area without the prior written consent of the County 4
Manager or designee; provided, in no event shall these activities be permitted in such 5
setback area within ten feet of the protected/preserve area boundary. Additional 6
regulations regarding preserve setbacks and buffers are located in Chapters 4 and 10, 7
and shall be applicable for all preserves, regardless if they are platted or simply identified 8
by a recorded conservation easement. The boundaries of all required easements shall be 9
dimensioned on the final subdivision plat. Required protected/preserve areas shall be 10
identified as separate tracts or easements having access to them from a platted right-of-11
way. No individual residential or commercial lot or parcel lines may project into them when 12
platted as a tract. If the protected/preserve area is determined to be jurisdictional in nature, 13
verification must be provided which documents the approval of the boundary limits from 14
the appropriate local, state or federal agencies having jurisdiction and when applicable 15
pursuant to the requirements and provisions of the growth management plan. All required 16
easements or tracts for protected/preserve areas shall be dedicated and also establish 17
the permitted uses for said easement(s) and/or tracts on the final subdivision plat to Collier 18
County without the responsibility for maintenance and/or to a property owners' association 19
or similar entity with maintenance responsibilities. An applicant who wishes to set aside, 20
dedicate or grant additional protected preserve areas not otherwise required to be 21
designated on the preliminary and final subdivision plats, or only on the final subdivision 22
plat if the applicant chooses not to submit the optional preliminary subdivision plat, may 23
do so by grant or dedication without being bound by the provisions of this section. 24
25
# # # # # # # # # # # # # 26
27
6.05.01 - Water Management Requirements 28
29
A complete stormwater management system shall be provided for all areas within the subdivision 30
or development, including lots, streets, and alleys. 31
32
A. The system design shall meet the applicable provisions of the current County codes and 33
ordinances, SFWMD rules and regulations pursuant to Florida Statutes, and the Florida 34
Administrative Code, and any other affected state and federal agencies' rules and 35
regulations in effect at the time of preliminary subdivision plat submission. Water 36
management areas will be required to be maintained in perpetuity according to the 37
approved plans. Water management areas not maintained will be corrected according to 38
approved plans within 30 days. 39
40
* * * * * * * * * * * * * 41
# # # # # # # # # # # # # 42
43
6.06.01 - Street System Requirements 44
45
* * * * * * * * * * * * * 46
47
B. The street layout of all subdivisions or developments shall be coordinated with the street 48
systems of the surrounding areas, adjacent properties shall be provided with local street 49
interconnections unless topography, other natural features, or other 50
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ordinances/regulations do not allow or require said connections. All arterial or collector 1
streets shall be planned to conform to the GMP. collector and arterial streets within a 2
development shall not have individual residential driveway connections. Their location and 3
right-of-way cross-section must be reviewed and approved by the County Manager or 4
designee during the preliminary subdivision plat review process. All subdivisions shall 5
provide rights-of-way in conformance with the GMP and the right-of-way cross-section 6
contained in Appendix B. All streets shall be designed and constructed to provide for 7
optimum vehicular and pedestrian safety, long service life, and low cost of maintenance. 8
9
* * * * * * * * * * * * * 10
11
P. Street names. 12
13
* * * * * * * * * * * * * 14
15
3. All street names shall be subject to approval by the County Manager or designee 16
during the preliminary subdivision plat approval process. 17
18
* * * * * * * * * * * * * 19
# # # # # # # # # # # # # 20
21
10.02.01 - Pre-Application Conference Required 22
23
A. Subdivision review procedures. 24
25
1. Preapplication conference. Prior to formal filing of a preliminary subdivision plat, 26
an applicant shall confer with the County Manager or his designee to obtain 27
information and guidance. The purpose of such a conference is to permit the 28
applicant and the County Manager or his designee to review informally a proposed 29
development and determine the most efficient method of development review 30
before substantial commitments of time and money are made in the preparation 31
and submission of the preliminary subdivision plat, improvement plans, final 32
subdivision plat, and related documents. 33
34
a. Preapplication. A written preapplication shall be submitted to the County 35
Manager or his designee at any time prior to the review of a proposed 36
preliminary or final subdivision plat. The written application shall contain 37
the following: 38
39
* * * * * * * * * * * * * 40
41
i. Written statement. Ten copies, unless otherwise specified by the 42
County Manager or his designee, of a written statement generally 43
describing the condition of the property and the proposed 44
development of the entire subdivision. This statement shall include 45
but is not necessarily limited to data on existing covenants or 46
restrictions, location of utility facilities and public facilities, general 47
soil characteristics, and other information describing the subdivision 48
proposed, such as number of parcels, lots, or tracts; typical lot or 49
other parcel configuration; water retention areas; public areas; 50
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anticipated utility sources; zoning classifications; and any other 1
information needed for preparation and review of the preliminary 2
subdivision plat. 3
4
* * * * * * * * * * * * * 5
6
b. Issues of discussion. Issues that shall be discussed at the preapplication 7
conference shall include but are not limited to the following: 8
9
* * * * * * * * * * * * * 10
11
iv. Application contents. In conformance with the requirements of this 12
section, the County Manager or his designee shall establish the 13
contents of the preliminary or final subdivision plat required to be 14
submitted for the proposed development. This shall include 15
descriptions of the types of reports and drawings required, the 16
general form which the preliminary or final subdivision plat shall 17
take, and the information which shall be contained within the 18
preliminary or final subdivision plat and supporting documentation. 19
20
* * * * * * * * * * * * * 21
# # # # # # # # # # # # # 22
23
10.02.04 - Requirements for Preliminary and Final Subdivision Plats 24
25
This section shall be read in conjunction with subdivision design standards, in particular, LDC 26
Chapters 3, 4, and 6. 27
28
A. Requirements for Preliminary Subdivision Plats (PSP) Conceptual Plat with Deviations 29
(CPD). A preliminary subdivision conceptual plat with deviations provides an overall 30
scheme of development for a subdivision. It may be used when only one phase of a multi-31
phased development is to be constructed. Except for an integrated phased development, 32
a preliminary subdivision conceptual plat with deviations is optional while a final 33
subdivision plat is mandatory. 34
35
1. Generally. 36
37
a. Approved zoning. No preliminary subdivision conceptual plat with 38
deviations shall be approved prior to final approval of the zoning or planned 39
unit development for the proposed subdivision. However, the zoning 40
application and the preliminary subdivision conceptual plat with deviations 41
may be processed concurrently by the County Manager or designee at the 42
request of the applicant. 43
44
b. No development shall be allowed prior to approval of the construction plans 45
and final subdivision plat, except for the early work authorization (EWA) 46
permit and early construction authorization (ECA) permit pursuant to 47
pursuant to LDC section 10.02.00. 48
49
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c. Integrated phased developments. A preliminary subdivision conceptual plat 1
with deviations application shall be submitted in accordance with this 2
section for any integrated phased development. 3
4
2. Application for preliminary subdivision conceptual plats with deviations. 5
6
a. The Administrative Code shall establish the process and submittal 7
requirements for a preliminary subdivision conceptual plat with deviations. 8
9
b. A preliminary subdivision conceptual plat with deviations shall include the 10
entire property to be subdivided and recorded. 11
12
c. The preliminary subdivision conceptual plat with deviations shall be 13
prepared by the applicant's professional engineer and professional 14
surveyor and mapper. 15
16
d. The boundary survey for the preliminary subdivision conceptual plat with 17
deviations shall be signed and sealed by a professional surveyor and 18
mapper registered in the State of Florida. 19
20
3. Review by County Manager or designee. County Manager or designee shall 21
approve, approve with conditions, or deny the preliminary subdivision conceptual 22
plat with deviations utilizing the standards established in LDC chapters 3, 4, 6, and 23
other provisions of the LDC. The decision to approve with conditions, or deny the 24
preliminary subdivision conceptual plat with deviations may be appealed to the 25
Board of County Commissioners pursuant to Code of Laws and Ordinances 26
section 250-58. If the County Manager or designee should deny the preliminary 27
subdivision conceptual plat with deviations, he it shall be stated in writing the 28
reasons for such denial, including and shall cite the applicable code or regulatory 29
basis for the conditions or denial. 30
31
4. Amendments. Any amendment to the approved preliminary subdivision conceptual 32
plat with deviations submitted by the applicant shall be reviewed according to the 33
standards established in LDC chapters 3, 4, 6, and other provisions of the LDC. 34
The County Manager or designee shall have the authority to approve amendments 35
to the approved preliminary subdivision conceptual plat with deviations provided 36
those amendments are based on generally accepted, sound, professional 37
engineering principles and practices in the state. Amendments shall be made prior 38
to the processing of the construction plans and final subdivision plat. Requests for 39
amendments shall be in writing in the form of an amended preliminary subdivision 40
conceptual plat with deviations and shall provide clear and convincing 41
documentation and citations to professional engineering studies, reports or other 42
generally accepted professional engineering services in the state to substantiate 43
the amendment requested. 44
45
5. Conditions. The County Manager or designee has the authority to approve 46
requests for substitutions to the design standards contained in the LDC provided 47
those requests are based on generally accepted, sound and safe, professional 48
engineering principles and practices. Requests for substitutions shall be made in 49
writing and shall provide clear and convincing documentation and citations to 50
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professional engineering studies, reports or other generally accepted professional 1
engineering sources to substantiate the substitution requested. 2
3
6. Timing of development. Within 2 years after the date of written approval or 4
approval with conditions of the preliminary subdivision conceptual plat with 5
deviations, the applicant shall prepare and submit to the County Manager or 6
designee the construction plans and final subdivision plat for at least the first phase 7
of the proposed subdivision. Each subsequent phase of the preliminary subdivision 8
conceptual plat with deviations shall be submitted within 2 years after the date of 9
written approval of the immediately preceding phase of the proposed subdivision. 10
11
a. Extensions. Two, 2-year extensions to submit the construction plans and 12
final subdivision plat shall be granted for good cause shown upon written 13
application submitted to the County Manager or designee prior to expiration 14
of the preceding approval. When granting an extension the County 15
Manager or designee shall require the preliminary subdivision conceptual 16
plat with deviations be modified to bring the project into compliance with 17
the LDC at the time of the extension request. 18
19
7. No vested rights. It is hereby expressly declared that the intent of this section is to 20
create no vested rights in the applicant or owner of property which obtains approval 21
of a preliminary subdivision conceptual plat with deviations, and the County shall 22
not be estopped to subsequently deny approval of the construction plans and final 23
subdivision plat based on changes in federal, state, or local laws or regulations, or 24
upon any other facts or circumstances subsequently arising or considered which 25
would adversely affect the feasibility or desirability of the preliminary subdivision 26
conceptual plat with deviations, nor shall the County be estopped to deny any 27
rezoning in which a preliminary subdivision conceptual plat with deviations is 28
submitted in support of such rezoning. 29
30
B. Construction Plans and Final Subdivision Plats (PPLs). Construction plans and final 31
subdivision plats are commonly referred to as "plans and plat." 32
33
* * * * * * * * * * * * * 34
35
2. Application for Construction Plans and Final Subdivision Plats. 36
37
* * * * * * * * * * * * * 38
39
d. The final subdivision plat shall conform to the approved preliminary 40
subdivision conceptual plat with deviations and shall constitute only that 41
portion of the approved preliminary subdivision conceptual plat with 42
deviations which the applicant proposes to construct. 43
44
e. Improvements for construction plans and final subdivision plats are 45
identified in the LDC section 10.02.04 C, and are required in conjunction 46
with the subdivision and development of any and all property pursuant to 47
LDC section 10.02.03 within the unincorporated areas of the County. All 48
required improvements shall be designed and constructed in accordance 49
with the design requirements and specifications of the entity having 50
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responsibility for approval, including all federal, state, and local agencies. 1
Construction plans for final subdivision plats shall include at a minimum: 2
3
i. Streets, sidewalks, paving, grading, and stormwater management 4
(drainage); 5
6
ii. Bridges and culverts; 7
8
iii. Water and sewerage systems, including, where applicable, water 9
reuse/irrigation pumping, storage and transmission/distribution 10
systems; 11
12
iv. Street lighting. Plans for streetlights shall bear the approval of the 13
utility authorities involved. If the street lighting system is to be 14
privately owned and maintained by a property owners' association 15
or similar entity, it shall be designed by the applicant's engineer; 16
17
v. Landscaping within public rights-of-way, parks, recreational areas; 18
and 19
20
vi. Parking areas. 21
22
3. County Manager review of construction plans and final subdivision plats. 23
24
a. The County Manager or designee shall review and evaluate the 25
construction plans and final subdivision plat in conformance with 26
the LDC, in particular sections 10.02.04 B and 10.02.04 C, and F.S. 27
ch. 177. The County Manager or designee shall review and 28
evaluate the construction plans and final subdivision plat in light of 29
the requirements established in the LDC and Administrative Code. 30
Based on the review and evaluation, the County Manager or 31
designee shall approve, approve with conditions, or deny the 32
construction plans and final subdivision plat. If the construction 33
plans and final subdivision plat is denied, then the final subdivision 34
plat shall not be submitted to the Board until the construction plans 35
and final subdivision plat have been approved or approved with 36
conditions by the County Manager or designee. The approval of the 37
County Manager or designee is subject to Board approval, noted 38
below. 39
40
b. If the constructions plans and final subdivision plat are approved or 41
approved with conditions by the County Manager or designee, the 42
County Manager or designee shall recommend that the Board 43
approve, approve with conditions, or deny the final subdivision plat. 44
If the County Manager or designee denies or places conditions on 45
the construction plans or recommends denial or conditions on the 46
final subdivision plat, he shall state reasons and cite the applicable 47
code or regulatory basis for the decision. 48
49
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c. Once the construction plans and final subdivision plats are 1
submitted by the applicant for review by the County Manager or 2
designee, they will remain under review so long as a resubmittal in 3
response to a county reviewer's comments is received within 270 4
days of the date on which the comments were sent to the applicant. 5
If a response is not received within this time, the application for 6
construction plans and final subdivision plat review will be 7
considered withdrawn and cancelled. Further review of the project 8
will require a new application and the appropriate fees paid by the 9
applicant. 10
11
d. Digital submission. After the final subdivision plat has been 12
approved by the County Manager or designee for compliance with 13
the LDC, as provided in this section, the applicant shall resubmit 5 14
certified sets of the approved construction plans along with 15
approved copies of all required county permits. The applicant's 16
professional engineer shall also submit a set of digitally created 17
construction/site plan documents, 1 disk (CDROM) of the master 18
plan file, including, where applicable, easements, water/wastewater 19
facilities, and stormwater drainage system. The digital data to be 20
submitted shall follow these formatting guidelines: All data shall be 21
delivered in the state plane coordinate system, with a Florida East 22
Projection, and a North American Datum 1983/1990 (NAD83/90 23
datum), with United States Survey Feet (USFEET) units; as 24
established by a Florida registered professional surveyor and 25
mapper. All information shall have a maximum dimensional error of 26
+0.5 feet. Files shall be in an AutoCAD (DWG) or Digital Exchange 27
File (DXF) format; information layers shall have common naming 28
conventions (i.e. right-of-way—ROW, centerlines—CL, edge-of-29
pavement—EOP, etc.). For a plan to be deemed complete, the 30
layering scheme must be readily understood by county staff. All 31
property information (parcels, lots, and requisite annotation) shall 32
be drawn on a unique information layer, with all linework pertaining 33
to the property feature located on that layer. Example: parcels—All 34
lines that form the parcel boundary will be located on 1 parcel layer. 35
Annotations pertaining to property information shall be on a unique 36
layer. Example: lot dimensions—Lottxt layer. 37
38
4. Board approval of the final subdivision plat. 39
40
a. Following approval or approval with conditions by the County 41
Manager or designee, the County Manager or designee shall place 42
the final subdivision plat on the consent agenda for its next available 43
regularly scheduled Board hearing. The Board shall consider 44
approval of the final subdivision plat together with the approval of 45
standard form, Construction Maintenance Agreement, and approval 46
of the amount of performance security for the required 47
improvements based on the estimate of probable cost. 48
49
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b. If all members of the Board consent to the recommendation of the 1
County Manager or designee, then the recommendation of the 2
County Manager or designee on the final subdivision plat shall 3
remain on the consent agenda and the final subdivision plat shall 4
be approved. If any member of the Board objects to the 5
recommendation of the County Manager or designee or otherwise 6
requests discussion on the recommendation, then the 7
recommendation shall be taken off the consent agenda and may be 8
discussed or scheduled for a subsequent hearing date. After due 9
notice of the hearing to the applicant, the Board shall hold a hearing 10
on the final subdivision plat. At the hearing, the Board shall consider 11
the County Manager or designee's recommendation and shall take 12
evidence and testimony in regard to the final subdivision plat 13
requirements identified in LDC sections 10.02.04 B and 10.02.04 C, 14
and other provisions of the LDC. The Board shall approve, approve 15
with conditions, or deny the final subdivision plat. If the Board of 16
denies or places conditions on the final subdivision plat, it shall state 17
reasons for such denial or conditions. 18
19
c. Approval of the final subdivision plat shall not constitute acceptance 20
of public dedicated facilities. Acceptance of any such dedicated 21
public facilities and responsibility for their maintenance shall be by 22
separate resolution of the Board of County Commissioners. See 23
LDC section 10.02.05 C.3. 24
25
d. After Board approval of the preliminary and final subdivision plat, 26
building permits may be issued for a percentage of planned homes 27
in accordance with the Florida Building Code and pursuant to F.S. 28
177.073. Subdivision performance security shall be in accordance 29
with LDC section 10.02.04 F.2.b.i., LDC section 10.02.04 F.3.e., or 30
when utilizing F.S. 177.073. 31
32
5. Insubstantial changes and amendments to construction plans and final 33
subdivision plats. 34
35
a. Insubstantial Changes to Construction Plans (ICP). Following 36
approval by the County Manager or designee of the construction 37
plans, the applicant may request insubstantial changes to the 38
construction plans. 39
40
i. Application. The Administrative Code shall establish the 41
process and the submittal requirements for an insubstantial 42
change to the construction plans. Construction plans shall 43
be prepared pursuant to LDC section 10.02.04 B. 44
45
b. Following approval by the Board of the final subdivision plat, but 46
prior to recordation, the County Manager or designee may approve 47
minor insubstantial changes to the final subdivision plat. 48
Insubstantial changes are insignificant to the project, such as a 49
correction or change on the cover sheet. 50
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1
c. Following approval by the Board of the final subdivision plat, but 2
prior to recordation, the Board may approve amendments to the 3
final subdivision plat. This is commonly referred to as a "PPLA”. 4
5
i. .Application. The Administrative Code shall establish the 6
process and the submittal requirements for the final 7
subdivision plat amendment. The final subdivision plat shall 8
be prepared pursuant to LDC section 10.02.04 B. 9
10
6. Relationship of Final Subdivision Plats to Site Development Plans. No site 11
development plan may be accepted for concurrent review with a 12
preliminary subdivision conceptual plat with deviations. Once the 13
preliminary subdivision conceptual plat with deviations has been approved, 14
site development plans may be submitted for review concurrent with the 15
submittal of the final subdivision plat. No site development plan may be 16
approved until the final subdivision plat receives administrative approval, 17
and no building permits may be issued until the final subdivision plat is 18
recorded, unless otherwise provided for in the LDC. 19
20
7. Timing of recording and development. 21
22
a. Recording. Within 18 months of the date of approval of the final 23
subdivision plat by the Board, the applicant shall submit the final 24
subdivision plat to the County Manager or designee for recording. 25
26
b. Required improvements to be completed. The improvements 27
required for the final subdivision plat shall be completed within 18 28
months from the date of approval by the Board unless a written 29
extension request is approved by the County Manager or designee. 30
31
c. Integrated phased development. Each subsequent phase of the 32
project shall be submitted within 2 years following the date of written 33
approval of the most recently approved final subdivision plat in 34
accordance with LDC section 10.02.04 A.6. 35
36
* * * * * * * * * * * * * 37
38
D. General Requirements for a Minor Final Subdivision Plat (FP). 39
40
1. Generally. Minor final subdivision plat approval may be requested as an alternative 41
to construction plans and final subdivision plat if the following criteria are met: 42
43
a. No preliminary subdivision plat is submitted or approved. 44
45
b. Required improvements are not required for the subdivision. 46
47
c. No security performance bond is required for the subdivision. 48
49
d. No phasing is required or proposed for the subdivision. 50
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1
* * * * * * * * * * * * * 2
3
F. Recordation of the Final Subdivision Plat. 4
5
1. Generally. No building permits for habitable structures shall be issued prior to 6
approval by the Board of County Commissioners and recordation of the final 7
subdivision plat, except as provided in LDC sections 5.04.04 and, LDC section 8
10.02.04 B.6., and LDC section 10.02.04 B.4.d., as applicable. 9
10
2. Posting of subdivision performance security at the time of recording or when 11
utilizing F.S. 177.073. 12
13
a. The final subdivision plat shall not be recorded until a subdivision 14
performance security for the construction of the required improvements, 15
both on-site and off-site, has been posted by the applicant and approved 16
and accepted by the Board or the County Manager or designee on behalf 17
of the Board. 18
19
b. The applicant's professional engineer shall prepare an opinion of the 20
probable construction cost or the actual contractor's bid price, which 21
includes the cost of all required improvements, to determine the amount of 22
the subdivision performance security. 23
24
i. If no construction of the required improvements has begun at the 25
time of posting of the subdivision performance security, the security 26
shall be an amount equal to 110 percent of the sum of construction 27
costs for all on-site and off-site required improvements based on 28
the applicant's professional engineer's opinion of the probable 29
construction costs or contract bid price. 30
31
ii. If construction of the required improvements has begun at the time 32
of posting the subdivision performance security, the security shall 33
be in an amount equal to 10 percent of the applicant's professional 34
engineer's opinion of the probable construction cost or contract bid 35
price, plus 100 percent of the required improvements to be 36
completed, such as the final lift of asphalt and uncompleted 37
sidewalks. 38
39
iii. If construction of all required improvements has been completed 40
and accepted by the Board at the time of recording, only a 41
performance maintenance guarantee at an amount equal to 10 42
percent of the applicant's professional engineer's opinion of the 43
probable construction cost or contract bid price shall be provided. 44
45
iv. No subdivision performance security shall be required where 46
improvements are to be constructed by a general-purpose 47
government such as a county or municipality, a local school district, 48
or state agency. A subdivision performance security shall be 49
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required of an independent special-purpose government such as a 1
community development district (CDD). 2
3
c. The subdivision performance security shall be prepared pursuant to 4
Appendix A of the LDC and shall be one of the following forms: 5
6
i. Construction, maintenance, and escrow agreement, or 7
8
ii. Construction Maintenance Agreement and one of the following: 9
10
(a) Cash deposit agreement with the County, or 11
12
(b) Irrevocable standby letter of credit, or 13
14
(c) Surety bond. 15
16
d. Once the form of a subdivision performance security has been approved 17
and accepted by the Board, alternate securities, in a format approved by 18
the County Attorney, may be approved by the County Manager or 19
designee, on behalf of the Board. 20
21
3. Recordation Procedure. After approval of the final subdivision plat by the Board, 22
but prior to the recording of the final subdivision plat with the clerk of the circuit 23
court, the following shall occur: 24
25
a. The applicant shall obtain all of the signatures on the original plat cover 26
sheet(s) that are associated with the applicant's obligations and shall 27
submit the original final subdivision plat, and any separate consents, or 28
opinions or certifications of title, to the County Manager or designee. 29
30
b. The applicant shall provide 3 copies and 1 mylar of the recorded final 31
subdivision plat and accompanying documents to the County Manager or 32
designee. 33
34
c. Simultaneously with the submission of the executed final subdivision plat 35
to the County Manager or designee, the applicant shall also submit in 36
accordance with F.S. ch. 177, at no expense to the County, either a title 37
opinion from an attorney licensed to practice in the State of Florida or 38
certification from a title company. The effective date of the title opinion or 39
certification must be no more than 30 days prior to the submission of the 40
final subdivision plat to the County Manager or designee and must contain 41
all of the following: 42
43
i. A legal description of at least the lands being platted; 44
45
ii. A statement that the attorney is licensed to practice in the State of 46
Florida and that the attorney has examined title to the subject real 47
property, if a title opinion is being provided; 48
49
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iii. Identification of the exact name of any person who is the record 1
owner of the subject real property and a specific citation to the 2
official records book and page, where each record legal owner 3
obtained title to the subject real property. The title information shall 4
include a copy of said instrument(s) of conveyance; and 5
6
iv. Identification of liens, encumbrances, easements, or matters shown 7
or that should be shown as exclusions to coverage on a title 8
insurance policy. As may be applicable, the title information shall 9
include in a neatly bound fashion and make citation to the recording 10
information of all referenced liens, encumbrances, easements, or 11
exclusions. The title information shall include a copy of any such 12
instruments. 13
14
d. Payment of recording and copy fees. Upon compliance with this section 15
and payment of fees by the applicant, the County Manager or designee 16
shall record the final subdivision plat with the clerk of the circuit court in the 17
official records of Collier County, Florida. 18
19
e. Construction and Maintenance Agreement. The applicant shall enter into a 20
construction and maintenance agreement with the County, in a form 21
acceptable to the County Attorney, which establishes the terms and 22
conditions for the construction and maintenance of the improvements 23
required during the 18-month construction period, after the plat is recorded 24
or when utilizing F.S. 177.07, or a time frame established in an approved 25
extension request by the County Manager or designee. This agreement 26
shall be submitted with the final subdivision plat for review and approval 27
and shall be executed by all parties at the time of recording of the final 28
subdivision plat. 29
30
f. Recording of other documents. If any dedications, grants, conveyances, 31
easements, consents (including mortgagee consents), reservations, 32
covenants, or other like instruments are to be recorded by separate 33
instrument simultaneously with the final subdivision plat, appropriate fees 34
and original documentation must be provided by the applicant to the County 35
Manager or designee for processing and recording by the clerk of court. All 36
documents shall be submitted prior to or at the time of recording of the final 37
subdivision plat. 38
39
g. Supporting "gap" title information. Within 60 days of recordation of the final 40
subdivision plat in the official records of Collier County, Florida, the 41
applicant, at no expense to the County, shall submit to the County Manager 42
or designee final supporting "gap" title information. The final supporting title 43
information must meet all of the requirements of 10.02.04 F.3.c, except as 44
to the effective date. Receipt and approval of the "gap" title information is 45
a condition precedent to preliminary acceptance of subdivision 46
improvements by the Board. 47
48
h. The effective date of the supporting "gap" title information must be through 49
the date of recordation of the final subdivision plat and must, at a minimum, 50
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cover the "gap" between the time the effective date of the information 1
required by 10.02.04 F.3.c above, when submitted and the date of 2
recording of the final subdivision plat. The final supporting "gap" title 3
information must include a copy of any required instruments not previously 4
provided in connection with submittals for the recording of the final 5
subdivision plat. 6
7
* * * * * * * * * * * * * 8
# # # # # # # # # # # # # 9
10
10.02.14 - Landscape Plans 11
12
A. Landscape plan required. Prior to the issuance of any preliminary subdivision plat, final 13
site development plan, or building permit, an applicant whose development is covered by 14
the requirements of this section must submit a landscape plan to the County Manager or 15
his designee. The landscape plan must bear the seal of a Landscape Architect registered 16
in the State of Florida. The landscaping required for single-family, two family, and mobile 17
home dwelling units must be shown on the building permit plot plan. This plan is not 18
required to bear the seal of a landscape architect. 19
20
* * * * * * * * * * * * * 21
# # # # # # # # # # # # # 22
23
10.08.0 - CONDITIONAL USE PROCEDURES 24
25
* * * * * * * * * * * * * 26
27
I. Conditional uses for school or religious purposes. A use which has been approved as part 28
of a preliminary subdivision plat or a planned unit development for schools, religious or 29
eleemosynary uses shall be exempt from the provisions of this section. Such uses must 30
comply with the provisions of LDC section 10.02.03, site development plan approval, as 31
applicable, and all other zoning requirements. 32
33
* * * * * * * * * * * * * 34
# # # # # # # # # # # # # 35
36
37
Exhibit A – Administrative Code Amendment
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Collier County Land Development Code | Administrative Procedures Manual
Chapter 5 | Subdivision Procedures
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G. Plat Recording 1
Reference LDC section 10.02.04 F.
Applicability This procedure is to ensure proper legal description, identification, documentation, and
recording of real estate boundaries. This procedure occurs after approval of the final
subdivision plat by the BCC.
No building permit for habitable structures shall be issued prior to approval by the BCC
and recordation of the final subdivision plat, except as identified in LDC sections 5.05.04
5.04.04, and 10.02.04 B.6 , and 10.02.04 B.4.
Pre-Application A pre-application meeting will have occurred at the time of submittal of the construction
plans and final subdivision plat or minor final subdivision plat.
Initiation The applicant files an “Application for Plat Recording (PR)” with the Development Review
Division.
See Chapter 1 D. for additional information regarding the procedural steps for initiating
an application.
Application
Contents
The application must include the following:
1. Applicant contact information.
2. Original PPL number.
3. Construction and Maintenance Agreement.
4. Original sepia mylar of the final subdivision plat, with surveyor’s certification that the
mylar contains no revisions from the most recent submittal of the final subdivision
plat to the Development Review Division.
5. Pursuant to LDC section 10.02.04 F.3, an original title opinion from an attorney
licensed to practice in the State of Florida, which contains the following:
a. A legal description of at least the lands being platted;
b. A statement that the attorney is licensed to practice in the State of Florida
and that the attorney has examined title to the subject real property, if a
title opinion is being provided;
c. Identification of the exact name of any person who is the record owner of
the subject real property and a specific citation to the official records book
and page, where each record legal owner obtained title to the subject real
property. The title information shall have attached thereto a copy of said
instrument(s) of conveyance; and
d. Identification of liens, encumbrances, easements, or matters shown or that
should be shown as exclusions to coverage on a title insurance policy. As
may be applicable, the title information shall include in a neatly bound
fashion, and make citation to the recording information of, all referenced
Exhibit A – Administrative Code Amendment
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Text strikethrough is current text to be deleted.
Collier County Land Development Code | Administrative Procedures Manual
Chapter 5 | Subdivision Procedures
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liens, encumbrances, easements, or exclusions. The title information shall
have attached thereto a copy of any such instruments.
6. Joinder and consent of mortgagee, if applicable.
7. If any dedications, grants, conveyances, easements, consents (including mortgagee
consents), reservations, covenants, or other like instruments are to be recorded
simultaneously with the final subdivision plat, appropriate fees and original
documentation must be provided to the County Manager or designee for processing
and recording by the Clerk of Courts prior to, or simultaneously with, the recording of
the final subdivision plat.
8. Home Owner Association Documents, if applicable.
9. Affidavit by surveyor.
Supporting “gap”
title information
1. Pursuant to LDC section 10.02.04 F.3, within 60 days of recordation of the final
subdivision plat the applicant shall submit to the County Manager or designee final
supporting "gap" title information.
2. The final supporting title information must meet all of the requirements in the above
(Plat Recording – Application Contents).
3. The effective date of the supporting "gap" title information must be through the date
of recordation of the final subdivision plat and must, at a minimum, cover the "gap"
between the time the effective date of the information required above (Plat
Recording – Application Contents) and the date and time of recording of the final
plat.
4. The title information must identify and provide copies of any recorded
documentation of the holders of any estates, liens, encumbrances, or easements not
properly included or joined in the dedication or consents on the final subdivision plat.
The supporting "gap" title information must have attached a copy of any required
instruments not previously provided in connection with submittals for the final plat's
recording.
Completeness and
Processing of
Application
See Chapter 1 D.5 for the acceptance and processing of an application.
Notice No notice is required.
Public Hearing No public hearing is required.
Decision Maker The County Manager or Designee.
Review Process The Development Review Division will review the application and identify whether
additional materials are needed pursuant to LDC section 10.02.04 F.
The Development Review Division will submit the final subdivision plat materials to the
Collier County Clerk of Courts for recording.
Digital Submittal
Requirements
After the final subdivision plat has been approved by the County Manager or designee for
compliance the applicant shall submit the following:
Exhibit A – Administrative Code Amendment
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Collier County Land Development Code | Administrative Procedures Manual
Chapter 5 | Subdivision Procedures
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1. The applicant's professional Engineer shall submit a digitally created
construction/site plan documents; and
2. 1 CDROM of the master plan file, including, where applicable, easements,
water/wastewater facilities, and stormwater drainage system. The digital data to be
submitted shall follow these formatting guidelines: All data shall be delivered in the
state plane coordinate system, with a Florida East Projection, and a North American
Datum 1983/1990 (NAD83/90 datum), with United States Survey Feet (USFEET) units;
as established by a Florida registered surveyor and mapper. All information shall have
a maximum dimensional error of +0.5 feet. Files shall be in an AutoCad (DWG) or Digital
Exchange File (DXF) format; information layers shall have common naming conventions
(i.e. right-of-way—ROW, centerlines—CL, edge-of-pavement—EOP, etc.). For a plan to
be deemed complete, the layering scheme must be readily understood by county staf f.
All property information (parcels, lots, and requisite annotation) shall be drawn on a
unique information layer, with all linework pertaining to the property feature located
on that layer. Example: parcels—All lines that form the parcel boundary will be located
on 1 parcel layer. Annotations pertaining to property information shall be on a unique
layer. Example: lot dimensions—Lottxt layer. All construction permits required from
local, state and federal agencies must be submitted to the County Manager or designee
prior to commencing development within any phase of a project requiring such
permits.
Updated Resolution 2024- XX
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Exhibit A – Administrative Code Amendment
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Text strikethrough is current text to be deleted.
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C. Preliminary Subdivision Conceptual Plat with Deviations (PSP) (CPD) 1
C.1. Preliminary Subdivision Conceptual Plat with Deviations – Standard 2
3
Reference LDC section 10.02.04 A, F.S. 177.073, and other provisions of the LDC.
Applicability The preliminary subdivision plat (PSP) Preliminary Subdivision conceptual plat with
deviations process is required for integrated phased developments but is otherwise an
optional procedure for subdivision development. If an applicant chooses to submit a PSP
CPD, the applicant shall provide all of the submittal requirements.
The PSP CPD application shall be submitted for the entire property to be subdivided.
Pre-application A pre-application meeting is required.
Initiation The applicant files a “Preliminary Subdivision Conceptual Plat with Deviations Petition”
with the Development Review Division.
See Chapter 1 D. for additional information regarding the procedural steps for initiating
an application.
Application
Contents
The application must include the following:
1. Applicant contact information.
2. Addressing checklist.
3. Property information, including:
a. Legal description;
b. Address of subject site and general location;
c. Metes and bounds description;
d. Section, township and range;
e. Size of plat in acres;
f. Number of lots and minimum lot size;
g. Name of development.;
h. Zoning petition number (Rezone, Conditional Use, and Site Development
Plan), if applicable; and
i. Source of utilities.; and
j. Number of building permits, if applicable.
4. Cover letter explaining the project or proposed changes.
5. PUD Monitoring Schedule, if applicable.
6. Aerial photograph(s), taken within the previous 12 months at a minimum scale of 1
in. = 200 ft., illustrating existing conditions and any site improvements.
Exhibit A – Administrative Code Amendment
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Text strikethrough is current text to be deleted.
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7. Environmental Data Requirements. See LDC section 3.08.00 A.
8. Traffic Impact Study, if applicable. See Chapter 7 B. of the Administrative Code.
9. Original petition number (PUD name and ordinance, rezone, conditional use, site
development plan, etc.), if applicable.
10. Owner/agent affidavit as to the correctness of the application.
11. Historical/Archeological Survey or waiver, if applicable.
12. Conditional Use application, if applicable.
13. If substitutions are requested, pursuant to LDC section 10.02.04 A.5, justification
based on sound engineering principles and practices shall be provided for each
substitution.
14. Generalized statement of subsurface conditions on the property, location, and results
of tests made to ascertain subsurface soil conditions and groundwater depth.
15. The zoning classification of the tract and all contiguous properties.
16. For residential projects subject to the provisions of LDC section 10.04.09, a completed
School Impact Analysis (SIA) application, location map and review fee.
17. Electronic copies of all documents.
18. Affidavit of Authorization.
Requirements for
Preliminary
Subdivision
Conceptual Plat
with Deviations
Submittal Credentials: The preliminary subdivision conceptual plat with deviations shall be
prepared by the applicant's engineer and professional surveyor and mapper. The
boundary survey shall be signed and sealed by a professional surveyor and mapper
registered in the State of Florida.
Sheet size: The preliminary subdivision conceptual plat with deviations shall be submitted
on standard size 24-inch by 36-inch sheets, drawn to scale.
1. A cover sheet, including a location map, showing the location of the tract in
reference to other areas of the county with a north arrow, graphic scale, and date.
2. The name of subdivision or identifying title which shall not duplicate or closely
approximate the name of any other subdivision in the incorporated or
unincorporated area of Collier County.
3. Boundary survey, with bearings and distances as a written description with a
reference to section corners.
4. The location and names of adjacent subdivisions and plat book and page reference,
if any.
5. A land plan with the following information identified:
a. Location, dimensions, and purpose of all existing and proposed streets,
alleys, property lines, easements, and rights-of-way of record;
Exhibit A – Administrative Code Amendment
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b. Existing streets and alleys of record adjacent to the tract including name,
right-of-way width, street or pavement width and established centerline
elevation. Existing streets shall be dimensioned to the tract boundary;
c. Location of existing and proposed sidewalks and bike paths;
d. Location of all existing and proposed utilities and related easements;
e. Location and purpose of existing drainage district facilities and their right-of-
way requirements;
f. Location of existing and proposed watercourses, drainage ditches, bodies of
water, marshes and wetlands;
g. Location of existing possible archaeological sites and other significant
features;
h. The proposed layout of the lots and blocks;
i. The plan shall indicate whether the streets are to be public or private.
Proposed street names shall be identified on all public and private
thoroughfares;
j. Location of proposed sites for parks, recreational areas, and school sites or
the like, in accordance with any existing ordinances requiring such a
dedication;
k. Location of buffer areas required by LDC section 4.06.01 shall be illustrated
and the dimensions provided, if appropriate at this time; and
l. Typical right-of-way and pavement cross sections shall be graphically
illustrated on the plans and shall include but not be limited to the location of
sidewalks, bike paths, and utilities.
6. Interconnectivity of local streets between developments shall be consistent with LDC
section 6.06.01 B and GMP Objective 9.
7. Access Management Plan. All access provisions to the nearest public street(s) shall
be identified, including all existing and proposed driveways.
8. Water Management Plan. The master water management plan shall outline the
existing and proposed surface watercourses and their principal tributary drainage
facilities needed for proper drainage, water management, and development of the
subdivision. All existing drainage district facilities and their ultimate right-of-way
requirements as they affect the property to be subdivided shall be identified on the
plan. The Engineer’s Report with Assumptions and Explanations signed and sealed
by a Florida registered professional engineer shall include drainage data, assumed
criteria, and hydraulic calculations, consistent with the criteria and design method
established by the SFWMD in addition to the following information:
a. For all developments, the following Stormwater related information:
i. Completed calculations used to design the facilities, such as: road, water
management systems, and all accessory facilities, public or private;
Exhibit A – Administrative Code Amendment
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Text strikethrough is current text to be deleted.
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ii. Drainage calculations, including 10-year 1-day; 25-year 3-day; 100-year
3-day storm routings;
iii. Detailed hydraulic grade line pipe design calculations utilized to design
the stormwater management facilities for the subdivision or
development; and
iv. Status of all other required permits including copies of information and
data submitted to the appropriate permitting agencies.
b. If within Collier County Public Utilities Service Area, the Report must also
contain the following:
i. Estimated cost of utilities construction, Water and Sewer calculations;
ii. Sewer Hydraulics;
iii. Lift station hydraulics to first downstream master station;
iv. Lift station buoyancy calculations;
v. Chloramine Dissipation Report; and
vi. Detailed hydraulic design calculations utilized to design water and sewer
facilities regulated by the County.
9. Lot configurations. Typical lot configurations shall be illustrated and the minimum
area of the lots required by the approved zoning classification shall be referenced by
note.
a. For fee-simple residential lots, the illustration shall portray the type of unit
identified by LDC definition and developer's description to be placed on each
lot (i.e., Lots 1-20, single-family attached (patio home), and show a typical
unit on typical interior and corner lots, depicting setbacks (including
preserve setbacks, if applicable) and/or separation of structures. In addition,
for fee simple residential lots the illustration shall portray the location of
typical units on atypical lots, such as cul-de-sac, hammerhead, and all
irregular lots.
b. For non-residential lots (i.e., multi-family amenity lots or parcels,
commercial/industrial lots), the illustration shall portray setbacks and
building envelope. Setbacks required by the approved zoning classification
shall be provided verbatim on the plan in matrix form.
c. A table shall be provided showing lot area and lot width for each irregular
lot. Regular corner and interior lots may show only typical width and area.
d. Where there is more than one type of dwelling unit proposed (i.e., single-
family detached, single-family attached, zero lot line), lots must be linked to
the type, or types of unit which they are intended to accommodate.
10. Master utilities. Utilities such as telephone, power, water, sewer, gas, and the like,
on or adjacent to the tract including existing or proposed water and sewage
treatment plants.
Exhibit A – Administrative Code Amendment
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Text strikethrough is current text to be deleted.
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a. The plans shall contain a statement that all utility services shall be available
and have been coordinated with all required utilities.
b. Evidence of such utility availability shall be provided in writing from each
utility proposed to service the subdivision.
Completeness and
Processing of
Application
See Chapter 1 D.5 for the acceptance and processing of an application.
Notice No notice is required.
Public Hearing No public hearing is required.
Decision Maker The County Manager or designee.
Review Process
Updated
The Development Review Division will review the application, identify whether additional
materials are needed and review the application based on the criteria in LDC section
10.02.04 A and other provisions of the LDC and shall approve, approve with conditions, or
deny the preliminary subdivision conceptual plat with deviations.
1
C2. Preliminary Subdivision Conceptual Plat with Deviations Amendment (PSPA) 2
(CPDA) 3
4
Reference LDC section 10.02.04 A.4 and other provisions of the LDC.
Applicability This process applies to an amendment to an approved preliminary subdivision conceptual
plat with deviations.
Initiation The applicant files an “Amendment to Preliminary Subdivision Conceptual Plat with
Deviations (PSPA) (CPDA)” application with the Development Review Division.
See Chapter 1 D. for additional information regarding the procedural steps for initiating
an application.
Pre-Application A pre-application meeting is not required.
Application
Contents and
Requirements for
Preliminary
Subdivision
Conceptual Plat
with Deviations
Amendments
A preliminary subdivision conceptual plat with deviations amendment application must
include the following, in addition to the Application Contents and Requirements for
Preliminary Subdivision Plan, as applicable.
See Chapter 5 C.1 of the Administrative Code.
Submittal Credentials: The preliminary subdivision conceptual plat with deviations
amendment shall be prepared by the applicant’s engineer and professional surveyor and
mapper. The boundary survey shall be signed and sealed by a professional surveyor and
mapper registered in the State of Florida.
Exhibit A – Administrative Code Amendment
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Text strikethrough is current text to be deleted.
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Sheet size: The preliminary subdivision conceptual plat with deviations amendment shall
be submitted on standard size 24-inch by 36-inch sheets, drawn to scale.
The application must include the following:
1. Applicant contact information.
2. Addressing checklist.
3. Name of development.
4. Amendment to PSP CPD Number (original PSP CPD number).
5. Cover letter describing the proposed changes.
Completeness and
Processing of
Application
See Chapter 1 D.5 for the acceptance and processing of an application.
Notice No notice is required.
Public Hearing No public hearing is required.
Decision Maker The County Manager or designee.
Review Process The Development Review Division will review the application, identify whether additional
materials are needed and review the application for compliance with LDC section
10.02.04 A.4 and shall approve, approve with conditions, or deny the amendment to the
preliminary subdivision conceptual plat with deviations.
Updated
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Exhibit B – Statutory References
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Exhibit B – Statutory References
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Exhibit B – Statutory References
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Exhibit B – Statutory References
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