DSAC-LDR Agenda 03/18/2025
Please contact Eric Johnson at (239) 252-2931 or
Eric.Johnson@colliercountyfl.gov if you have any questions or
wish to meet with staff.
Growth Management Community Development
Development Services Advisory Committee
Land Development Review
Subcommittee
Tuesday, March 18, 2025
3:00 pm
North Collier Regional Park (NCRP)
Administration Building
Administration Conference Room A
15000 Livingston Road
Naples, FL 34109
For more information, please contact Eric Johnson at (239) 252-2931
or at Eric.Johnson@colliercountyfl.gov
DSAC – Land Development Review Subcommittee
2025 Land Development Code Amendments
Agenda
Tuesday, March 18, 2025
3:00 pm
North Collier Regional Park (NCRP)
Administration Building
Administration Conference Room A
15000 Livingston Road, Naples, FL 34109
NOTICE:
Persons wishing to speak on any Agenda item will receive up to three (3) minutes unless the Chairman
adjusts the time. Speakers are required to fill out a “Speaker Registration Form”, list the topic they wish
to address, and hand it to the Staff member before the meeting begins. Please wait to be recognized by
the Chairman and speak into a microphone. State your name and affiliation before commenting. During
the discussion, Committee Members may direct questions to the speaker.
Please silence cell phones and digital devices. There may not be a break in this meeting. Please leave the
room to conduct any personal business. All parties participating in the public meeting are to observe
Roberts Rules of Order and wait to be recognized by the Chairman. Please speak one at a time and into
the microphone so the Hearing Reporter can record all st atements being made.
1. Call to Order – Chairman
2. Approval of Agenda
3. Old Business
4. New Business
a. PL20250000235 – Floating Solar Facilities (F.S.163.32051)
b. PL20250000524 – Publication of Legal Advertisements for Neighborhood Information
Meetings
c. PL20250000180 – Procedural Inconsistencies, Legal Advertisements, and Land Use
Review Corrections
5. Public Speakers
6. Upcoming DSAC-LDR Subcommittee Meeting Dates Discussion:
a. Tuesday, June 17, 2025
For more information, please contact Eric Johnson at (239) 252-2931
or at Eric.Johnson@colliercountyfl.gov
b. Tuesday, September 16, 2025
c. Tuesday, November 18, 2025
7. Adjourn
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LAND DEVELOPMENT CODE AMENDMENT
PETITION
PL20250000235
SUMMARY OF AMENDMENT
To comply with F.S. 163.32051 and promote the development of renewable
energy, t his Land Development Code amendment (LDC) shall allow the
siting of “floating solar facilities” as an appropriate use of water and land
areas. They are typically located on wastewater treatment ponds,
stormwater treatment ponds, reclaimed water ponds, abandoned mines, and
other water storage reservoirs. The amendment proposes these types of
solar facilities as a permitted use in the Rural Agricultural (A), Public Use
(P), and Community Facility (CF) Zoning Districts and as an accessory use
in Commercial and Industrial Zoning Districts.
ORIGIN
Growth Management
Community Department
(GMCD)
HEARING DATE S LDC SECTION TO BE AMENDED
Board TBD 1.08.02
2.03.01
2.03.03
2.03.04
2.03.05
5.03.08
Definitions
Agricultural Districts
Commercial Zoning Districts
Industrial Zoning Districts
Civic and Institutional Zoning Districts
Floating Solar Facilities (New Section)
CCPC TBD
DSAC TBD
DSAC-LDR 03-18-25
ADVISORY BOARD RECOMMENDATIONS
DSAC -LDR
TBD s
DSAC
TBD
CCPC
TBD
BACKGROUND
The Florida legislature found that “Floating solar facilities,” also known as “floatovoltaics ,” represents a
technology that involves installing solar panels on floating platforms or floating independently, and which can be
an effective tool in harnessing energy in bodies of water that have been permitted for storage . “Floating solar
facilities” are defined by the State in F.S.163.3205 (2) as “… a solar facility which is located on wastewater
treatment ponds, abandoned limerock mine areas, stormwater treatment ponds, reclaimed water ponds, or other
water storage reservoirs”. They are a production facility for electric power , electricity-generating solar panels,
affixed to a buoyant structure that keeps them above the surface of the water , and anchored at the bottom and/or
to the water body’s bank. Lakes, basins, and man -made bodies of water, such as reservoirs, are appropriate
locations for floating solar, because the waters are calm compared to the ocean , rivers, or Gulf of Mexico. Useful
at any scale for man-made bodies of water, they are subject to physical water bodies limits and the proximity to
the electric grid.
F.S. 163.3 2051, became effective law on July 1, 2022, and requires local governments to cite these facilities as
appropriate uses of water and land areas in their local planning process . The statute stipulate s the adoption is to
“…promote the use of floating solar facilities by requiring each local government to allow these facilities as a
permitted use under certain conditions and amend its land development requirements to promote and expand the
use of floating solar facilities.” Pursuant to F.S. 163.32051(b), the legislature f ound that siting floating solar
facilities “…are beneficial uses of th ose areas for many reasons, including the fact that the water has a cooling
effect on the solar panels, which can boost power production, and the fact that the panels help decrease the amount
of water lost to evaporation and the formation of harmful algal blooms.” Further, Florida Statutes allows local
governments to adopt appropriate standards related to setbacks and buffering, provided that the new standards do
not exceed those which are required for similar uses in areas zoned for agricultural uses (see Exhibits A and B).
Floating solar photovoltaics (FPV) are a relatively new use and an emerging industry , requiring responsible siting
of solar energy development and an appropriate use of land. An objective of th is amendment is to improve and
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identify appropriate siting locations and avoid areas of potential conflict, such as lands designated for conservation
or preservation, including but not limited to an Everglades Agricultural Area reservoir project, or Florida’s 404
General Permitting program for Water-Based Renewable Energy Generation Pilot Projects. Because the shading
from panels can affect photosynthesis in aquatic plants , their location requires careful consideration and
placement to avoid potential aquatic plant disruption.
In additinon, FPV s should not compete with lands used for other purposes, such as productive crop and pasture
lan ds. They assist to retain the economic viability of agriculture and other predominantly rural land areas that do
not compete for agriculture, industrial, or residental lands. It is easier to find sites near densely populated areas.
Lack of land costs are an added advantage of floating solar systems with fewer competeing uses for development
of water bodies, resulting in decreased water evaporation, anticipated lower leasing costs for the solar field when
own by a property owner. These type of solar facilities, primarily shift solar energy’s increasing demand for land
to water, making them more reasonable areas with high land values or strong land conservation policies.
FPV installation costs are similar to that of land-based installations, but improved efficiency, energy density,
and location availability, with lower site costs (little , if any , land clearing and service access road way
construction), and with an added public benefit of water conservation. Research studies demonstrate the water's
cooling effect boosts performance of solar panels. The p anels are known to convert sunlight more efficiently
when cooler, and are estimated to be 5 -15% more energy efficient than land based solar panels. A typical
installation on man-made bodies of water is comprised of the following components; floating solar panels,
combiner boxes, inverters, mooring systems, electrical cabling to transmit generated electricity to inverters and
grid connection points on land (See recent Duke Energy, Florida installations and FPV scematic - Exhibit C).
According to current industry practice, FPV installations, face fewer shading issues than ground -mounted
systems, since the water surface is flat and systems are often distant from buildings or ve getation.
During the planning stage phase, the issue of locating systems further away from bodies of water that are
regularly visited by seabirds, help to avoid potential productivity losses. Bird deterrence system s can be
deployed and adequate barrier methods are needed to manage animal activities and prevent animal visits. The
positioning of FPV panels are at a lower tilt angle than their land -based counterparts, which allows for panel
rows to be spaced much closer to one another. The benefits and siting of FPV relate to land conservation,
reduced site-preparation costs, evaporation losses, integrated aquaculture activities, and lessening the demand
for cost expensive traditional ground mounted solar facilities.
To assure long term successful utilization, FPV maintenance and maintenance plans should be a submittal
requirement prior to the issuance of permits. Staff recommends a n biennial inspection of the anchor and
measurement of tension of mooring line to be done as part of the preventive maintenance plan. When inverters
are installed on land, they should be installed under shelter and periodic checks for signs of humidity, corrosion,
or water ingress. Back up batteries are warranted pursuant to the manufacturer’s warranty. According to the most
recent literature, the life span of this type of solar facilities range from 20 to 25 years. For this reason, a
decommission plan should be considered that would replace the system at the end of its useful life cycle , including
recycling the disassembled materials.
For FPV, the administrative code will be amended to address application and site development plan
requirements related to panel type, spacing and sizes, location, minimum project size, distance to existing
transmission lines and abutting residential uses, water depths, anchoring/mooring system, methods to minimize
animal or avian visits, setbacks, buffers and landscaping, and decommissioning plan at end of system
performance pe riod. Staff will utilize the recommended assessment of siting and siting characteristices that are
derived from the 2019 report produced by the World Bank Group, ESMAP( Energy Sector Management
Assistance Program) and SERIS (Solar Energy Research Institute of Signapore). Where Sun Meets Water:
Floating Solar Handbook for Practitioners. Washington, DC. See Exhibit D.
Depending on the location of a water body , further environmental impact assessment may be necessary to
evaluate potential effects on marine life and the ecosystems . To understand how floating solar facilities can
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potentially impact water quality, staff recommends implementing a water quality monitoring program starting
with a baseline sampling, prior to installation, and subsequent routine sampling of the water body. The data will
provide a better understanding of water quality impacts, if any, resulting from these floating solar facilities
power generating plants that will provide information to guide decisions regarding deployment.
Policy 1.2.4 of the Immokalee Area Master Plan, states the County must initiate amendments to the LDC that
allow agricultural facilities and apparatuses associated with an alternative energy use. These uses will be allowed
on properties zoned (A) Agricultural, within the Low Residential Subdistrict land use designation. This
amendment serves to implement the policy and support the economic importance of agriculture.
Building permits shall be obtained for construction of any structures and/or improvements to the extent required
by the Florida Building Code.
FISCAL & OPERATIONAL IMPACTS
A Business Impact Estimate is not required
for this LDC amendment because it is in
compliance with state law, F.S. 125.66 (3)
(c).
GMP CONSISTENCY
To be provided by Comprehensive Planning Staff after
first review.
EXHIBITS: A) F.S.163.32051 Floating solar facitilies, B) F.S. 163.3205 Solar facility approval
process, C) Examples of Floating solar facilities, D) Siting Assessment and Characteristics
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Amend the LDC as follows:
1
1.08.02 Definitions 2
3
* * * * * * * * * * * * * 4
Fire station services, ancillary: Fire protection activities imperative to carry out the purposes of a 5
government establishment primarily engaged in firefighting, such as fire training camps, but which 6
is not required to be located at a fire station for that fire station to serve its function. However, 7
services designed to repair any firefighting equipment is not an ancillary fire station service. 8
9
Floating solar facility : A solar facility as defined in Section 163.3205(2), Florida Statutes, as 10
amended, which is located on wastewater treatment ponds, abandoned limerock mine areas, 11
stormwater treatment ponds, reclaimed water ponds, or other water storage reservoirs. A solar 12
floating facility does not require any significant modification of drainage, flora or fauna, littoral 13
zone and dissolved oxygen for aquatic species survival at the site. Buffer and landscaping 14
requirements shall be in conformance with the underlying zoning district. 15
16
Flood: A general and temporary condition of partial or complete inundation of normally dry land 17
area from the overflow of inland or tidal waters or the unusual and rapid accumulation or runoff of 18
surface waters from any source. 19
20
* * * * * * * * ** * * * * 21
# # # # # # # # # # # # # 22
23
2.03.01 - Agricultural Districts. 24
25
A. Rural Agricultural District (A). The purpose and intent of the rural agricultural district (A) is 26
to provide lands for agricultural, pastoral, and rural land uses by accommodating 27
traditional agricultural, agricultural related activities and facilities, support facilities related 28
to agricultural needs, and conservation uses. Uses that are considered compatible to 29
agricultural uses that would not endanger or damage the agricultural, environmental, 30
potable water, or wildlife resources of the County, are permissible as conditional uses in 31
the A district. The A district corresponds to and implements the Agricultural/Rural land use 32
designation on the future land use map of the Collier County GMP, and in some instances, 33
may occur in the designated urban area. The maximum density permissible in the rural 34
agricultural district within the urban mixed use district shall be guided, in part, by 35
the density rating system contained in the future land use element of the GMP. The 36
maximum density permissible or permitted in A district shall not exceed 37
the density permissible under the density rating system. The 38
maximum density permissible in the A district within the agricultural/rural district of the 39
future land use element of the Collier County GMP shall be consistent with and not exceed 40
the density permissible or permitted under the agricultural/rural district of the future land 41
use element. 42
43
1. The following subsections identify the uses that are permissible by right and the 44
uses that are allowable as accessory or conditional uses in the rural agricultural 45
district (A). 46
47
a. Permitted uses 48
49
* * * * * * * * * * * * * 50
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9. Essential services, as set forth in section 2.01.03. 1
10. Schools, public, including "Educational plants. 2
11. Floating solar facility, except in conservation and/or preservation 3
designated areas. 4
5
* * * * * * * * * * * * * 6
# # # # # # # # # # # # # 7
8
2.03.03 - Commercial Zoning Districts 9
10
A. Commercial Professional and General Office District (C -1). The purpose and intent of the 11
commercial professional and general office district C -1 is to allow a concentration of office 12
type buildings and land uses that are most compatible with, and located near, residential 13
areas. Most C-1 commercial, professional, and general office districts are contiguous to, 14
or when within a PUD, will be placed in close proximity to residential areas, and, therefore, 15
serve as a transitional zoning district between residential areas and higher intensity 16
commercial zoning districts. The types of office uses permitted are those that do not have 17
high traffic volumes throughout the day, which extend into the evening hours. They will 18
have morning and evening short-term peak conditions. The market support for these office 19
uses should be those with a localized basis of market support as opposed to office 20
functions requiring inter-jurisdictional and regional market support. Because office 21
functions have significant employment characteristics, which are compounded when 22
aggregations occur, certain personal service uses shall be permitted, to provide a 23
convenience to office-based employment. Such convenience commercial uses shall be 24
made an integral part of an office building as opposed to the singular use of a building. 25
Housing may also be a component of this district as provided for through conditional 26
use approval. 27
28
1. The following uses, as identified with a number from the Standard Industrial 29
Classification Manual (1987), or as otherwise provided for within this section are 30
permissible by right, or as accessory or conditional uses within the C-1 31
commercial professional and general office district. 32
33
* * * * * * * * * * * * * 34
35
b. Accessory uses. 36
37
* * * * * * * * * * * * * 38
39
2. Caretaker's residence, subject to LDC section 5.03.05 40
41
3. Floating solar facility, subject to LDC section 5.03.08. 42
43
* * * * * * * * * * * * * 44
# # # # # # # # # # # # # 45
46
B. Commercial Convenience District (C -2). The purpose and intent of the commercial 47
convenience district (C -2) is to provide lands where commercial establishments may be 48
located to provide the small-scale shopping and personal needs of the surrounding 49
residential land uses within convenient travel distance except to the extent that office uses 50
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carried forward from the C-1 district will expand the traditional neighborhood size. 1
However, the intent of this district is that retail and service uses be of a nature that can be 2
economically supported by the immediate residential environs. Therefore, the uses should 3
allow for goods and services that households require on a daily basis, as opposed to those 4
goods and services that households seek for the most favorable economic price and, 5
therefore, require much larger trade areas. It is intended that the C -2 district implements 6
the Collier County GMP within those areas designated agricultural/rural; 7
estates neighborhood center district of the Golden Gate Master Plan; the neighborhood 8
center district of the Immokalee Master Plan; and the urban mixed use district of the future 9
land use element permitted in accordance with the locational criteria for commercial and 10
the goals, objectives, and policies as identified in the future land use element of the Collier 11
County GMP. The maximum density permissible in the C-2 district and the urban mixed 12
use land use designation shall be guided, in part, by the density rating system contained 13
in the future land use element of the Collier County GMP. The 14
maximum density permissible or permitted in a district shall not exceed 15
the density permissible under the density rating system. 16
17
1. The following uses, as identified with a number from the Standard Industrial 18
Classification Manual (1987), or as otherwise provided for within this 19
section are permissible by right, or as accessory or conditional uses within 20
the C-2 commercial convenience district. 21
22
* * * * * * * * * * * * * 23
24
b. Accessory uses. 25
26
* * * * * * * * * * * * * 27
28
4. Outside storage or display of merchandise when specifically 29
permitted for a use, otherwise prohibited, subject to LDC 30
section 4.02.12. 31
32
5. Floating solar facility, subject to LDC section 5.03.08. 33
34
* * * * * * * * * * * * * 35
# # # # # # # # # # # # # 36
37
C. Commercial Intermediate District (C -3). The purpose and intent of the commercial 38
intermediate district (C-3) is to provide for a wider variety of goods and services intended 39
for areas expected to receive a higher degree of automobile traffic. The type and variety 40
of goods and services are those that provide an opportunity for comparison shopping, 41
have a trade area consisting of several neighborhoods, and are preferably located at the 42
intersection of two-arterial level streets. Most activity centers meet this standard. This 43
district is also intended to allow all of the uses permitted in the C -1 and C-2 zoning districts 44
typically aggregated in planned shopping centers. This district is not intended to permit 45
wholesaling type of uses, or land uses that have associated with them the need for outdoor 46
storage of equipment and merchandise. A mixed-use project containing a residential 47
component is permitted in this district subject to the criteria established herein. The C -3 48
district is permitted in accordance with the locational criteria for commercial and the goals, 49
objectives, and policies as identified in the future land use element of the Collier County 50
GMP. The maximum density permissible in the C-3 district and the urban mixed use land 51
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use designation shall be guided, in part, by the density rating system contained in the 1
future land use element of the Collier County GMP. The maximum density permissible or 2
permitted in the C-3 district shall not exceed the density permissible under 3
the density rating system. 4
5
1. The following uses, as identified with a number from the Standard Industrial 6
Classification Manual (1987), or as otherwise provided for within this section are 7
permissible by right, or as accessory or conditional uses within the commercial 8
intermediate district (C-3). 9
10
* * * * * * * * * * * * * 11
12
b. Accessory Uses. 13
14
* * * * * * * * * * * * * 15
16
3. Outside storage or display of merchandise when specifically 17
permitted for a use, otherwise prohibited, subject to 18
section 4.02.12. 19
20
4. Floating solar facility, subject to LDC section 5.03.08. 21
22
* * * * * * * * * * * * * 23
# # # # # # # # # # # # # 24
25
D. General Commercial District (C -4). The general commercial district (C -4) is intended to 26
provide for those types of land uses that attract large segments of the population at the 27
same time by virtue of scale, coupled with the type of activity. The purpose and intent of 28
the C-4 district is to provide the opportunity for the most diverse types of commercial 29
activities delivering goods and services, including entertainment and recreational 30
attractions, at a larger scale than the C -1 through C-3 districts. As such, all of the uses 31
permitted in the C-1 through C-3 districts are also permitted in the C-4 district. The outside 32
storage of merchandise and equipment is prohibited, except to the extent that it is 33
associated with the commercial activity conducted on-site such as, but not limited to, 34
automobile sales, marine vessels, and the renting and leasing of equipment. Activity 35
centers are suitable locations for the uses permitted by the C -4 district because most 36
activity centers are located at the intersection of arterial roads. Therefore the uses in the 37
C-4 district can most be sustained by the transportation network of major roads. The C -4 38
district is permitted in accordance with the locational criteria for uses and the goals, 39
objectives, and policies as identified in the future land use element of the Collier County 40
GMP. The maximum density permissible or permitted in a district shall not exceed 41
the density permissible under the density rating system. 42
43
1. The following uses, as defined with a number from the Standard Industrial 44
Classification Manual (1987), or as otherwise provided for within this section are 45
permissible by right, or as accessory or conditional uses within the general 46
commercial district (C-4). 47
48
* * * * * * * * * * * * * 49
50
b. Accessory Uses. 51
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1
* * * * * * * * * * * * * 2
3
3. Outside storage or display of merchandise when specifically 4
permitted for a use, otherwise prohibited, subject to 5
section 4.02.12. 6
7
4. Floating solar facility, subject to LDC section 5.03.08. 8
9
* * * * * * * * * * * * * 10
# # # # # # # # # # # # # 11
12
E. Heavy Commercial District (C-5). In addition to the uses provided in the C-4 zoning district, 13
the heavy commercial district (C -5) allows a range of more intensive commercial uses and 14
services which are generally those uses that tend to utilize outdoor space in the conduct 15
of the business. The C-5 district permits heavy commercial services such as full-service 16
automotive repair, and establishments primarily engaged in construction and specialized 17
trade activities such as contractor offices, plumbing, heating and air conditioning services, 18
and similar uses that typically have a need to store construction associated equipment 19
and supplies within an enclosed structure or have showrooms displaying 20
the building material for which they specialize. Outdoor storage yards are permitted with 21
the requirement that such yards are completely enclosed or opaquely screened. The C -5 22
district is permitted in accordance with the locational criteria for uses and the goals, 23
objectives, and policies as identified in the future land use element of the Collier County 24
GMP. 25
26
1. The following uses, as identified with a number from the Standard Industrial 27
Classification Manual (1987), or as otherwise provided for within this section are 28
permissible by right, or as accessory or conditional uses within the heavy 29
commercial district (C-5). 30
31
* * * * * * * * * * * * * 32
33
b. Accessory Uses. 34
35
* * * * * * * * * * * * * 36
37
3. Temporary display of merchandise during business hours, provided 38
it does not adversely affect pedestrian or vehicular traffic or public 39
health or safety. Merchandise storage and display is prohibited 40
within any front yard; allowed within the side and rear yards of lots. 41
42
4. Floating solar facility, subject to LDC section 5.03.08. 43
44
* * * * * * * * * * * * * 45
46
F. Travel Trailer-Recreational Vehicle Campground District (TTRVC). 47
48
* * * * * * * * * * * * * 49
50
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2. The following uses are permissible by right, or as accessory or conditional 1
uses within the travel trailer-recreational vehicle campground district (TTRVC). 2
3
* * * * * * * * * * * * * 4
5
b. Accessory Uses. 6
7
* * * * * * * * * * * * * 8
9
5. Campgrounds containing 100 spaces or more shall be permitted a 10
convenience commercial facility no greater than 15,000 square feet 11
in total land area. This facility shall provide for the exclusive sale of 12
convenience items to park patrons only, and shall present no visible 13
evidence of their commercial character, including signage and 14
lighting, from any public or private street or right-of -way external to 15
the park. 16
17
6. Floating solar facility, subject to LDC section 5.03.08. 18
19
* * * * * * * * * * * * * 20
# # # # # # # # # # # # # 21
22
2.03.04 - Industrial Zoning Districts 23
24
A. Industrial District (I). The purpose and intent of the industrial district (I) is to provide lands 25
for manufacturing, processing, storage and warehousing, wholesaling, and distribution. 26
Service and commercial activities that are related to manufacturing, processing, storage 27
and warehousing, wholesaling, and distribution activities, as well as commercial uses 28
relating to automotive repair and heavy equipment sales and repair are also permissible 29
in the I district. The I district corresponds to and implements the industrial land use 30
designation on the future land use map of the Collier County GMP. 31
32
1. The following uses, as identified within the Standard Industrial Classification 33
Manual (1987), or as otherwise provided for within this section, are permitted as a 34
right, or as accessory or conditional uses within the industrial district (I). 35
36
* * * * * * * * * * * * * 37
38
b. Accessory uses. 39
40
* * * * * * * * * * * * * 41
42
5. Recreational vehicle campground and ancillary support facilities 43
when in conjunction with vehicle racing - applicable to the 44
Immokalee Regional Airport only, and subject to the provisions of 45
section 5.05.10.C.1. - C.6. of this Code. Recreational vehicles, 46
tents, and other structures and facilities allowed in the campground 47
for temporary habitation, shall be allowed for no more than seventy -48
two (72) consecutive hours. 49
50
6. Floating solar facility, subject to LDC section 5.03.08. 51
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1
2
B. Business Park District (BP). The purpose and intent of the business park district (BP) is to 3
provide a mix of industrial uses, corporate headquarters offices and business/professional 4
offices which complement each other and provide convenience services for the employees 5
within the district; and to attract businesses that create high value added jobs. It is intended 6
that the BP district be designed in an attractive park -like environment, with low 7
structural density and large landscaped areas for both the functional use of buffering and 8
enjoyment by the employees of the BP district. The BP district is permitted by the urban 9
mixed use, urban commercial, and urban-industrial districts of the future land use element 10
of the Collier County GMP. 11
12
1. The following uses, as identified within the latest edition of the Standard Industrial 13
Classification Manual, or as otherwise provided for within this section, are 14
permitted as of right, or as uses accessory to permitted primary or secondary uses, 15
or are conditional uses within the business park district. 16
17
* * * * * * * * * * * * * 18
19
c. Accessory uses to permitted primary and secondary uses: 20
21
* * * * * * * * * * * * * 22
23
5. Recreational vehicle campground and ancillary support facilities 24
when in conjunction with vehicle racing - applicable to the 25
Immokalee Regional Airport only, and subject to the provisions of 26
section 5.05.10.C.1. - C.6. of this Code. Recreational vehicles, 27
tents, and other structures and facilities allowed in the campground 28
for temporary habitation, shall be allowed for no more than seventy -29
two consecutive hours. 30
31
6. Floating solar facility, subject to LDC section 5.03.08. 32
33
* * * * * * * * * * * * * 34
# # # # # # # # # # # # # 35
36
2.03.05 - Civic and Institutional Zoning Districts 37
38
A. Public Use District (P). The purpose and intent of public use district (P) is to accommodate 39
only local, state and federally owned or leased and operated government facilities that 40
provide essential public services. The P district is intended to facilitate the coordination of 41
urban services and land uses while minimizing the potential disruption of the uses of 42
nearby properties. 43
44
1. Any public facilities that lawfully existed prior to the effective date of this Code and 45
that are not zoned for public use district (P) are determined to be conforming with 46
these zoning regulations. 47
48
2. Any future expansion of these public facilities on lands previously reserved for their 49
use shall be required to meet the regulations in effect for the zoning district in which 50
the public facility is located. 51
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1
3. Government-owned properties rented or leased to nongovernmental entities for 2
purposes not related to providing governmental services or support functions to a 3
primary civic or public institutional use shall not be zoned for the public use district 4
(P), but rather, shall be zoned or rezoned according to the use types or the use 5
characteristics which predominate. 6
7
4. The following uses are permitted as of right, or as accessory or conditional uses, 8
in the public use district (P). 9
10
a. Permitted uses. 11
12
* * * * * * * * * * * * * 13
7. Fairgrounds. 14
8. Floating solar facility, except in conservation and/or preservation 15
designated areas. 16
8 9. Libraries. 17
18
* * * * * * * * * * * * * 19
20
B. Community Facility District (CF). The purpose and intent of (CF) district is to implement 21
the GMP by permitting nonresidential land uses as generally identified in the urban 22
designation of the future land use element. These uses can be characterized as public 23
facilities, institutional uses, open space uses, recreational uses, water-related or 24
dependent uses, and other such uses generally serving the community at large. The 25
dimensional standards are intended to insure compatibility with existing or future nearby 26
residential development. The CF district is limited to properties within the urban mixed use 27
land use designation as identified on the future land use map. 28
29
1. The following uses are permitted as of right, or as accessory or conditional uses, 30
in the community facility district (CF). 31
32
a. Permitted uses 33
34
* * * * * * * * * * * * * 35
36
3. Civic and cultural facilities. 37
4. Floating solar facility, except in conservation and/or preservation 38
designated areas. 39
4 5. Museums. 40
41
* * * * * * * * * * * * * 42
# # # # # # # # # # # # # 43
44
5.03.08 – Floating Solar Facilities 45
46
A. A floating solar facility may be permitted as an accessory structure and ancillary use only 47
where it complies with the following requirements: 48
49
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1
1. Located not in, on, over or upon tidal waters, bay bottom lands; canal-related 2
rights of ways, easements, aquatic preserves, environmentally protected lands, a 3
Conservation Zoning District, and within any potable water wellfield protection 4
area. 5
6
2. The floating solar facility coverage area is contained within the lot or parcel. 7
8
3. The installation, when proposed on stormwater conveyance, retention, or 9
detention areas does not interfere with stormwater management or stormwater 10
management infrastructure. 11
12
4. A deployment and installation plan has minimal impacts to natural resources and 13
water quality. 14
15
5. Any power and communication lines running between banks of solar panels and 16
to interconnections with buildings are buried underground. 17
18
6. Submittal of a decommissioning plan to ensure the proper removal after the 19
facility’s useful life. 20
21
7. Panels utilizing a reflector to enhance production shall control and minimize the 22
glare from the reflector to adjacent and abutting properties. 23
24
8. Fencing may be required for security and safety, where animal habitats are 25
present and provide four to six inches openings near ground level to allow for the 26
passage of wildlife. 27
28
9. The water is not being energized, system is properly anchored, and the water 29
body use (such as active recreational purposes) does not conflict with floating 30
solar facilities. 31
32
33
34
35
36
Exhibit A – F.S. 163. 32051 Floating solar facilities
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Exhibit B – F.S. 163. 3205 Solar facility approval process
14
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Exhibit C – Examples of Floating s olar facilities.
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Exhibit C – Examples of Floating s olar facilities.
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A total of 1,872 of solar panels are connected and anchored down, right in the middle of Duke Energy's
cooling pond. (Spectrum News) 12/12/24
Duke Energy has reached a milestone with the successful activation of its first floating solar project in
Florida, situated at the Duke Energy Hines Energy Complex in Bartow, Florida . The nearly 1 -megawatt
floating solar array, comprising over 1,800 bifacial solar panels, floats on a 2 -acre water surface within an
existing cooling pond. The innovative design of the panels, absorbing light from both sides, is expected to
generate 10%-20% more power than traditional single -sided counterparts.
Source Power Systems Technology: https://www.powersystems.technology/news -pst/duke-energy-floats-
into -the-future -florida -s-first-floating-solar-project-unveiled.htm
Floating Photovoltaic System Cost Benchmark: Q1 2021 Installations on Artificial Water Bodies
Vignesh Ramasamy and Robert Margolis
National Renewable Energy Laboratory
Exhibit D Siting Assessment and Characteristics
17
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World Bank Group, ESMAP and SERIS. 2019. Where Sun Meets Water: Floating Solar Handbook for
Practitioners. Washington, DC: World Bank. The material in this work is subject to copyright. Because
the World Bank encourages dissemination of its knowledge, this work may be reproduced, in whole or in
part, for noncommercial purposes as long as full attribution to this work is given.
SITE IDENTIFICATION
The main considerations for assessing site suitability for FPV installations include:
Solar resource (solar irradiance at proposed water surface ) and local climatic conditions (seasonal
variations in weather- temperature range, precipitation, lighting and storm occurrences).
Available water surface area (in general, for FPV deployment, one MWp requires roughly 1 hectare
or 2.47 acres for the floating island and 1.7 hectares or 4.2 acres of water area, (after taking into
account anchoring) and shape (rectangular or square).
Bathymetry (shape of boundaries, average depth and depth distribution, structure of water bed and
the water body bank s, and hydrology). Water quality conditions and impact.
Water level (variation over summer/winter months), wave amplitudes, and wind speeds.
Subsurface soil conditions (accurate soil analysis and soil structure interaction).
Shading (of habitats and species within the littoral and/or linnetic zones), soiling, and other site
conditions: (openness and minimal shading, less soiling from dust than land installations, biosoiling
(bird droppings-survey of bird species , etc.), avoidance of saltwater or briny coastal systems that
create a more corrosive environment for metals, including structural elements, grounding, and
electrical connectors and wiring, elavate the area for potential soiling (precip itates from the water)
or biofouling that can lead to hot spots, provide good airflow around the panels, and create barriers
to animals in natural habitats at the site.
Environmental Considerations: Natural habitat of preserved species, frequency of bird activity, and
water species that are sensitive to water temperature, dissolved oxygen, and sunlight.
Grid access, substation location, and power availability. Access rights, permits, and regulations .
Obtain FAA approval when near a airport that demostrates compliance with standards for
measuring ocular impact, such as no potential for glare (flash blindness or distraction) or “low
potential for afterimage” along final approach path for existing or future landings.
RECOMMENDED SITE CHARACTERISTICS
• Be located within 1/2 to 1.8 miles to existing transmission lines : the water body should have a
preferred shallow water depth at or between 7’ to 15’, and be a minimun facility size of two acres.
(This is based upon studies that support cost efficiency, power capacity and sustainability for 20 or
more years). Landscaping to screen and offset adjacent visual glare and position away from abutting
residential uses (minimun 100 feet in distance).
• Prohibited in designated Conservation and Preservation areas.
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LAND DEVELOPMENT CODE AMENDMENT
PETITION
PL20250000524
SUMMARY OF AMENDMENT
To amend the Land Development Code (LDC) to allow applicants of land use
petitions, which require a Neighborhood Information Meeting (NIM), the option
of advertising the NIM on the County Clerk website instead of in a newspaper or
other qualifying printed publication . 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 10.03.05
Required Methods of Providing Public Notice
CCPC TBD
DSAC TBD
DSAC-LDR 03/18/2025
ADVISORY BOARD RECOMMENDATIONS
DSAC-LDR
TBD
DSAC
TBD
CCPC
TBD
BACKGROUND
In Florida, t he requirement for legal notices and advertisements be provided in newspapers dates to the m id-
nineteenth century. The Florida Constitution currently requires that all meetings of a collegial public body, at
which official acts are to be taken or public business of such body is to be transacted or discussed, be open to the
public and properly noticed.
Historically, t h e method of advertising legal notices has been done u sing printed versions only. However, Florida
law changed in 2012, when Section 50.0211 of the Florida Statutes was created, in part, to also require that legal
notices be placed on a newspaper’s website on the same day the notice appears in the printed edition, contingent
upon a newspaper having and maintaining a website. In 2022, the Florida Statutes were further amended to allow
governmental agencies the option of publishing legal notices on a publicly accessible website of a county instead
of in a printed newspaper or on a newspaper’s website. The publicly accessible website was defined by House
of Florida Representatives Bill 7049 as “a county’s official website or other private website designated by the
county for the publication of legal notices and advertisements that is accessible via the Internet.” A governmental
agency may use the county’s website if the cost of publishing advertisements on the website is less than the cost
of publishing in the newspaper. The current cost of advertising an ordinance in the Naples Daily News is
approximately $1,008.00, which is markedly higher than advertising on the County Clerk’s website —
approximately $50.00. Furthermore, some types of Land Development Code amendments (ordinances) require
two separate public hearings, which means that two separate printed advertisements are often done. Because the
cost of advertising on the County’s website is significantly less than the cost of advertising in the newspaper,
GMCD staff has begun to systematically advertise ordinances on the County Clerk’s website instead of in the
newspaper—as a means of reducing the burden to the taxpayers.
In 2023, the Board desired to amend the Code of Laws and Ordinances to allow advertisements, publications, and
notices to be published on a publicly accessible website , as allowed by Chapter 50 of the Florida Statutes. The
Board adopted Ordinance 2023-37, which defin ed “Publicly accessible website” as “the county’s official website
or other private website designated by the county for the publication of legal notices and advertisements that is
accessible via the Internet.” The adopted ordinance also included supporting provisions related to the publication
of legal advertisements and public notices. On January 10, 2023, the Board designated the Clerk of the Circuit
Court’s public notice website as the County’s official website for the publication of legal advertisements and
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public notices.
In Collier County, there are many types of land use applications that require public hearings, and many of these
require the petitioner to conduct a Neighborhood Information Meeting (NIM). The NIM requirement was first
established in Collier County in 2001, and the purpose and intent of a NIM is to provide the public with notice of
an impending zoning application and to foster communication between the petitioner and the public. The
petitioner is required to conduct a NIM at least 15 days prior to the fir st public hearing. Each time a petitioner
conducts a qualifying NIM, they are compelled to publicly notice it by advertising in a newspaper. However,
because the County requires the petitioner to conduct a NIM as part of its application process, staff feels it is a
reasonable courtesy to allow the petitioner the option of advertising the NIM on the County’s website in lieu of
advertising in the newspaper, similar to the method used by the County when advertising proposed ordinances,
both County-initiated and privately initiated. Advertising on the County’s website for an upcoming NIM may
provide petitioners a cost savings and added convenience. The County’s NIM process and its required advertising
are not addressed by the Florida Statutes, and if the Board decides to extend this courtesy to the petitioners, it will
be necessary to amend the LDC.
FISCAL & OPERATIONAL IMPACTS
There will be no additional fiscal impacts to
County. To advertise a NIM on the County’s
website, the County Clerk will accept a fee from
the petitioner commensurate with the service
provided.
GMP CONSISTENCY
The proposed LDC amendment has been reviewed by
Comprehensive Planning staff and may be deemed
consistent with the GMP.
EXHIBITS: A) Changes to Adminstrative Code; B) County Clerk website; C) F.S. Chapter 50 – Legal and
Official Advertisements
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Amend the LDC as follows:
1
10.03.05 – Required Methods of Providing Public Notice 2
3
This section shall establish the required methods of providing public notice. Chapter 8 of 4
the Administrative Code shall establish the public notice procedures for land use petitions. 5
6
A. Neighborhood Information Meeting (NIM). Neighborhood Information Meetings, when 7
required, shall be held prior to the first public hearing, noticed as follows, and subject to 8
the Rules of Decorum: 9
10
1. Mailed Notice shall be sent prior to the NIM and shall be pursuant to LDC section 11
10.03.05 B. 12
13
2. Publication of Legal Advertisement prior to the NIM. Advertisements for NIMs may 14
be published on the official website of Collier County or in a newspaper in the 15
manner described in F.S. section 50.011 (1). 16
17
3. Rules of Decorum. The purpose and intent of a NIM is to provide the public with 18
notice of an impending land use petition and to foster communication between the 19
petitioner and the public. To promote increased participation and convenience to 20
the interested members of the public, all NIMs shall be conducted at a physical 21
location, to allow for in-person attendance, and virtually, utilizing 22
videoconferencing technology. The expectation is that all NIM attendees will 23
conduct themselves in such a manner that their presence will not interfere with the 24
orderly progress of the meeting. The petitioner is encouraged to provide a licensed 25
and qualified security detail for in-person meetings, which will be at the petitioner's 26
expense. If the petitioner or staff determines the NIM cannot be completed due to 27
the disorderly conduct of the members of the public, the petitioner shall have the 28
right to adjourn the NIM but be required to conduct another duly advertised NIM, 29
either in person or via videoconferencing technology, or both, at the petitioner's 30
discretion. 31
32
B. Mailed Notice. 33
34
1. Where required, Mailed Notice shall be sent to property owners in the notification 35
area as follows: 36
37
a. For areas in the urban designated area of the future land use element of 38
the Growth Management Plan notices shall be sent to all property owners 39
within 500 feet of the property lines of the subject property. 40
41
b. For all other areas, except areas designated in the Rural Golden Gate 42
Estates Sub-Element or Urban Golden Gate Estates Sub-Elements of the 43
Golden Gate Area Master Plan, notices shall be sent to all property owners 44
within 1,000 feet of the property lines of the subject property. 45
46
c. For areas designated within the Rural and Urban Golden Gate Estates 47
Sub-Elements of the Golden Gate Area Master Plan, notices shall be sent 48
to all property owners within one mile of the subject property lines, except 49
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for Estates (E) zoned variance applications, which shall be 1,000 feet of 1
the subject property lines. 2
3
d. Notices shall also be sent to property owners and condominium and civic 4
associations whose members may be impacted by the proposed land use 5
changes and who have formally requested the county to be notified. A list 6
of such organizations must be provided and maintained by the County, but 7
the applicant must bear the responsibility of ensuring that all parties are 8
notified. 9
10
2. For the purposes of this requirement, the names and addresses of property owners 11
shall be deemed those appearing on the latest tax rolls of Collier County. Unless 12
required by F.S. § 125.66(4), the mailed notice is a courtesy only and is not 13
jurisdictional. Accordingly, provided a good faith attempt for mailed notice is made, 14
failure to mail or to timely mail the notice or failure of an affected property owner 15
to receive mailed notice will not constitute a defect in notice or bar the public 16
hearing as scheduled. 17
18
C. Legal Advertisement. 19
20
1. In accordance with F.S. § 125.66 and 50.0311. 21
22
D. Posting of Signage. Where required, signs shall be posted 15 days prior to the first 23
advertised public hearing pursuant to the Administrative Code. 24
25
E. Agent Letter. Where required, an informational letter shall be sent by the owner or Agent 26
to property owners within 150 feet of the area covered by the petition following the initial 27
staff review comments for the petition and prior to the resubmittal of the petition to the 28
County. 29
30
31
* * * * * * * * * * * * * 32
# # # # # # # # # # # # # 33
Exhibit A – Changes to Administrative Code
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Collier County Land Development Code | Administrative Procedures Manual
Chapter 8| Public Notice
B. Neighborhood Information Meeting
Purpose and Intent
Applicability
The purpose and intent of a Neighborhood Information Meeting (“NIM”) is to provide the
public with notice of an impending zoning application and to foster
communication between the petitioner and the public.
1. A NIM shall be conducted when:
a. The initial staff review and comment period on the application have
been completed; and
b. At least 15 days before the first public hearing is held, whether it is
the Planning Commission, Hearing Examiner, the BCC, or the BZA.
2. In addition to the above, the following shall also apply for small -scale
amendments and other site-specific comprehensive plan amendments:
a. The NIM is required before the Planning Commission transmittal hearing.
b. A second NIM is required if the County Manager or designee
determines that a substantial change has occurred to a proposed site -
specific comprehensive plan amendment following the BCC’s transmittal
hearing. The applicant must hold the second NIM before the Planning
Commission adoption hearing.
3. If the applicant’s petition activity extends beyond 1 year from the date of the
first NIM, a second NIM will be required and shall be noticed in accordance with
this chapter.
Notice
Requirements
The NIM shall be noticed as follows:
1. Mailed Notice: Written notice shall be sent to property owners in notification area
at least 15 days before the NIM meeting.
a. The applicant shall also provide written notice of the NIM to property
owners, condominium, and civic associations whose members may be
affected by the proposed land use change and who have formally requested
the County to be notified. Each mailed notice shall contain the following:
“The purpose and intent of this Neighborhood Information Meeting is to
provide the public with notice of an impending zoning application and to
foster communication between the applicant and the public. The expectation
is that all attendees will conduct t hemselves in such a manner that their
presence will not interfere with the orderly progress of the meeting.”
Exhibit A – Changes to Administrative Code
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2. Legal Advertisement: The legal advertisement shall be published at least 15 days
before the NIM meeting. The advertisement shall include at a minimum:
a. Date, time, and location of the NIM meeting;
b. Petition name, number and applicant contact info;
c. Purpose of the NIM meeting;
d. Description of the proposed land uses; and
e. 2 in. x 3 in. map of the project location.
f. Date on which the advertisement or public notice was first published on the
website.
Location The applicant must arrange the location of the meeting. To promote increased
participation and convenience to the interested members of the public, all NIMs shall be
conducted at a physical location, to allow for in -person attendance, and virtually, utilizing
videoconferencing technology. The in -person location must be reasonably convenient to
the property owners who receive the required notice. The facilities must be of sufficient
size to accommodate the expected attendance.
Conduct of
Meeting and
Decorum
1. Conduct of Meeting: A Collier County staff planner or designee shall attend the NIM
and record all commitments made by the applicant during the meeting while
remaining neutral and providing clarification regarding the next steps the petition must
follow in the review process, including the anticipated future public hearings that are
associated with the petition. The applicant shall make a presentation of how they
intend to develop the subject property. The applicant is required to record the NIM
proceedings and provide an audible audio/video copy to the Zoning Division, including
a written summary. When video conferencing is used, it must have the capability to
capture the written comments from the attendees. These written comments will be
included in the written summary of the NIM.
The applicant must provide the following at the NIM for review and comment ,
including but not limited to :
a. The proposed uses and density/intensity of the project;
b. The proposed Master Plan, when applicable; and
c. The current LDC zoning district uses and development regulations.
2. Decorum: The expectation is that all NIM attendees will conduct themselves in such
manner that their presence will not interfere with the orderly progress of the
meeting. For in-person meetings, the applicant is encouraged to provide a licensed
and qualified security detail, which will be at the applicant’s expense. If the applicant
or staff planner determines the NIM cannot be completed due to the disorderly
conduct of the members of the public, the applicant shall have the right to adjourn
the NIM but be required to conduct another duly advertised NIM, either in-person or
via videoconferencing technology, or both, at the applicant’s discretion.
Exhibit A – Changes to Administrative Code
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Meeting Follow-
Up
1. After a NIM is completed, the applicant will submit a written summary of the NIM
and any commitments that have been made to the assigned planner. These
commitments will:
a. Become part of the record of the proceedings;
b. Be included in the staff report for any subsequent review and approval
bodies; and
c. Be considered for inclusion in the conditions of approval of any applicable
development order.
2. The County staff planner or designee shall promptly post the written summary and
audio/video recording of the NIM to the County’s website for public inspection.
Updated Resolution 2023 -211
D. Legal Advertisement
Applicability For applicable land use petitions, the legal advertisement shall be as follows.
A copy of the legal advertisement shall be kept available for public inspection during
regular business hours of the Office of Clerk to the Board of County Commissioners. The
notice of proposed enactment shall include where the proposed ordinance or resolution
may be inspected by the publ ic. The notice shall also advise that interested parties may
appear at the meeting and be heard with respect to the proposed ordinance or
resolution.
Placement and
Content
The legal advertisement shall be published at least 15 days before each advertised public
hearing or on the official website of Collier County, as prescribed in F.S. section 50.011 .
The advertisement shall include at a minimum:
a. Date, time, and location of the hearing;
b. Petition name, number and applicant contact info;
c. Description of the proposed land uses; and
d. 2 in. x 3 in. map of the project location, as applicable.
e. Date on which the advertisement or public notice was first published on the
website.
Updated 2025-###
Exhibit B – County Clerk’s Website
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Exhibit C – F.S. Chapter 50 – Legal and Official Advertisements
9
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Exhibit C – F.S. Chapter 50 – Legal and Official Advertisements
10
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Exhibit C – F.S. Chapter 50 – Legal and Official Advertisements
11
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Exhibit C – F.S. Chapter 50 – Legal and Official Advertisements
12
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Exhibit C – F.S. Chapter 50 – Legal and Official Advertisements
13
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LAND DEVELOPMENT CODE AMENDMENT
PETITION
PL20250000180
SUMMARY OF AMENDMENT
In multiple LDC sections, this amendment shall rectify and clarify legal
advertisements, contradictory statements and inconsistencies with
respective advisory board or agency’s public hearing reviews for land use
petitions held by the Environmental Advisory Council, Hearing Examiner,
Planning Commission, Board of County Commissioners or Board of
Zoning Appeals. Procedural changes to the Administrative Code are a part
of this amendment.
ORIGIN
Collier County Planning
Commission (CCPC)
HEARING DATES LDC SECTION TO BE AMENDED
BCC TBD 1.08.02
4.02.16
4.05.02
5.03.06
8.10.00
9.03.02
9.03.03
9.03.07
9.04.06
10.02.03
10.02.04
10.02.05
10.02.06
10.02.13
10.02.15
10.03.06
10.04.04
10.08.00
Definitions
Design Standards for Development in the Bayshore Gateway
Triangle Community Redevelopment Area.
Design Standards
Dock Facilities
Hearing Examiner
Requirements for Continuation of Nonconformities
Types of Nonconformities
Nonconformities Created or Increased by Public Acquisition
Specific Requirements for Variance to the Coastal Setback Line
Requirements for Site Development, Site Improvement Plans
and Amendments thereof
Requirements for Preliminary and Final Subdivision Plats
Construction, Approval, and Acceptance of Required
Improvements
Requirements for Permits
Planned Unit Development (PUD) Procedures
Requirements for Mixed Use Projects within the Bayshore
Gateway Triangle Redevelopment Area
Public Notice and Required Hearings for Land Use Petitions
Applications Subject to Type III Review
Conditional Use Procedures
CCPC TBD
DSAC TBD
DSAC-LDR 03-18-25
ADVISORY BOARD RECOMMENDATIONS
DSAC-LDR
TBD
DSAC
TBD
CCPC
TBD
BACKGROUND
During the 2023 Comprehensive Administrative Code for Land Development (ACLD) update review by the
Collier County Planning Commission (CCPC), staff received comments and suggestions from members of the
commission on “insubstantial and substantial” changes that could correct inconsistencies and ambiguity between
the Land Development Code (LDC) and administrative code procedures.
The assignment of land use petitions as stated in the power and duties of the Hearing Examiner and Planning
Commissioners were reviewed and where conflicts with assignments occurred among the Code of Ordinances
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and Laws, LDC and Administrative Code, staff incorporated the Planning Commission’s insubstantial
amendment changes as a first group of changes to the administrative code that where adopted by the Board on
December 12, 2023. At the same time the CCPC had reviewed the insubstantial changes, the CCPC requested
staff to bring forward to the Board’s attention the following recommendations:
• Provide “a built in layer of review” by the CCPC before an administrative code amendment goes to the
Board.
• Correct inconsistencies or ambiguity between the LDC and administrative procedures as to who has what
role.
• The staff person, facilitator, shall emphasize neutrality and enforce the LDC or see to it that the LDC and
the Administrative Code for Land Development are being followed by the applicant at a NIM.
• Decide which matters come to the CCPC and those matters to the Hearing Examiner (HEX).
The assignment of land use petitions as stated in the power and duties of the Hearing Examiner and
Planning Commissioners were reviewed and where conflicts with assignments occurred among the Code of
Ordinances and Laws, LDC and Administrative Code, staff incorporated the Planning Commission’s
insubstantial amendment changes as a first group of changes to the administrative code that where adopted
by the Board on December 12, 2023. At the same time the CCPC had reviewed the insubstantial changes,
the CCPC requested staff to bring forward to the Board’s attention the following recommendations:
• Add a definition for “Comparable Use Determination”.
• Delete outdated text related to the HEX’s role as a member of the planning commission.
• Add a provision to allow the Board to remand any advertised public hearing, involving a development
order, to the Hearing Examiner for the purpose of opining on a legal or technical land use issue during
the hearing.
• For SDP, SIP, PPLs, and acceptance of required subdivision improvements, construction plans, and
amendments thereof, replace the requirement to submit 1 disk (CDROM) with “an acceptable electronic”
master plan file.
• Clarify a Comparable Use Determination shall only apply to a site specific property that is seeking a
comparable use determination.
• In LDC section 10.02.13, establish that a petition for a new PUD document which repeals the previously
approved PUD document is deemed to be a substantial change.
• Include procedures for a petition to rezone from a PUD to PUD district.
• For a variance request from the Coastal Construction Setback Line, specify either the Hearing Examiner
or Board may consider the variance pursuant to public notice and hearing requirements.
• Require the posting of a sign prior to an advertised hearing for Site Plans with Deviations for
Redevelopment, Deviations in the GGPOD, LBDPA, and DRIs applications.
• Clarify the required notice procedures for the establishment, amendment to, or the abandonment of a
Development of Regional Impact (DRI).
• For consistency with these substantial application changes, update and revise the Type III review
applications graphic in Appendix B.
• When minor conditional uses or amendments are determined to be a matter of great public interest or
concern and do not require an EAC review, a hearing by the HEX shall be required. At the discretion of
the HEX the matter, may be directed to be heard by the Planning Commission in an advisory capacity
and then by the Board of Zoning Appeals(BZA) or by the Commissioner of the District in which the
matter is located.
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This second group of amendments are ratifying changes to application review requirements and land use petitions.
They represent staff’s recommendations from prior meetings held on or after March 02, 2023, with the Planning
Commission and the HEX. Additionally, corrections are included to update textual and submittal requirements.
The proposed LDC amendments achieve the following:
For each respective advisory board or reviewing agency, the procedural review changes are summarized as
follows:
Board of County Commissioners
• BCC by majority vote may remand any advertised public hearing involving a development order to the
Hearing Examiner for a non-binding recommendation on a legal or technical land use issue.
• MUPs that do not meet the threshold for administrative approval require a public hearing review and
approval by the BCC.
• For a rezoning, rezoning from PUD to PUD, PUD amendment, or conditional use land use petition, clarify
one CCPC and one BCC hearing are required..
• Allow a Board District Commissioner to direct a minor conditional use change or amendment to be heard
by the CCPC and then by the BZA.
Board of Zoning Appeals
• For a Comparable Use Determination, clarify a BZA hearing for the approval is required if the HEX has
a conflict.
• Pursuant to ordinance 2024-11, the Board repealed LDC section 9.04.05 which deleted Flood Variances
as an application subject to Type III Review.
Collier County Planning Commission
• For a Nonconforming Use Change (NUC), Nonconforming Structure, or Nonconforming Use Alteration
(NUA) petition, clarify the CCPC’s and HEX’s procedural review and recommendations prior to the BZA
hearing. In the event the HEX has a conflict, the CCPC hearing would occur.
• For a Comparable Use Determination(CUD) at a site-specific location, require the CCPC’s
recommendation to the BZA, if the HEX has a conflict.
• Clarify for Mixed Use Projects (MUPs), within the Bayshore Gateway Triangle Redevelopment Area,
that do not meet the thresholds for administrative approval be reviewed by the CCPC, in an advertised
public hearing, and then by the BCC.
• For Parking Exemption (PE) petitions, clarify a HEX advertised public hearing is required and if the HEX
has a conflict, a recommendation by the CCPC and one BZA hearing.
• The following petition types will be heard by the CCPC, if the HEX has a conflict: Alcohol Beverage
Distance Waiver, Boathouse Establishment, Boat Dock Facility Extension including Boat Lift Canopy
Deviation, Comparable Use Determination, Facility with Fuel Pumps Waiver, Minor PUD change to
remove affordable housing when written objection is received, and PUD Insubstantial Changes including
Minor Text Changes.
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Hearing Examiner
• Establish that the HEX shall review, approve, approve with conditions, or deny a petition request for
PUD Insubstantial Changes (PDI), boat dock extensions and boathouse establishments (BD) and boat lift
canopy deviations (BLCD).
• On a petition for Parking Exemptions (PE) to locational requirements, clarify that the HEX shall make a
decision and if not heard by the HEX, then by the BZA.
• Require Post Take Plans(PTSP) petition to be heard by the HEX and if HEX decision is appealed, heard
by the BZA.
• For Variances to the Coastal Construction Setback Line (CCSV) petitions establish the HEX shall review
and approve the request. If the HEX’s decision is appealed or has a conflict then the BCC shall hold an
advertised public hearing.
• For an Appeal of Official Interpretation (AOI) require the HEX’s decision or if directed by the Board
then a BZA hearing.
• For a Minor Change to a PUD to remove affordable housing contributions and a written objection has
been received, clarify the hearing shall be held by the HEX. If the HEX has a conflict, then the CCPC
shall conduct the advertised public hearing.
• Reaffirm Facilities with Fuel Pump (FFPW) and Alcohol Beverage Distance Waivers (ABDW) petitions
are heard by the HEX and if the HEX has a conflict, then by the BZA.
• When petitions for Minor Conditional Use changes or amendments are a matter of concern or great public
interest, they shall be heard by the HEX, unless a Board District’s Commissioner directs the change or
amendment to be heard by the CCPC and then by the BZA.
The amendment further updates the LDC notice procedures and legal advertisements to conform with
Ordinance 2023-37, “Legal Advertisements and Public Notices”, for publishing legal advertisements and
notices on the County’s official website that is accessible by the Internet. Unless otherwise requested by a
petitioner, all legal advertisements with be published on the County’s publicly accessible website in accordance
with F.S. 50.011. (Exhibit B) Once the County uses the publicly accessible website to publish legal required
advertisements and public notices, it shall provide at least once per year in a newspaper of general circulation
(Naples Daily News) or another publication that is mailed or delivered to all residents and property owners
throughout the county’s jurisdiction, indicating that property owners and residents may receive legally required
advertisements and public notices from the County by first-class mail or e-mail upon registering their name and
address or e-mail address with the County (Reference F.S. 50.0311 (6)).
FISCAL & OPERATIONAL IMPACTS
There are no anticipated fiscal impacts to the
County, except for the cost of advertising an
ordinance amending the LDC, which is
estimated $50.00. Funds are available within
the Unincorporated Area General Fund
(1011) and Zoning & Land Development
Cost Center (138319).
GMP CONSISTENCY
The proposed LDC amendment has been reviewed by
Comprehensive Planning staff and may be deemed
consistent with the GMP.
EXHIBITS: A) Administrative Code Changes B) 2024 F.S.Chapter 50-Legal and Offical
Advertisements
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Amend the LDC as follows:
1
1.08.02 – Definitions 2
3
* * * * * * * * * * * * * 4
5
Comparable Use Determination: - A process, in accordance with LDC section 10.03.06 K, to 6
determine the use that is comparable, compatible, and consistent with the list of identified 7
permitted uses in a conventional zoning district, overlay, or PUD ordinance. 8
9
* * * * * * * * * * * * * 10
11
# # # # # # # # # # # # # 12
13
4.02.16 – Design Standards for Development in the Bayshore Gateway Triangle Community 14
Redevelopment Area 15
16
* * * * * * * * * * * * * 17
18
C. Additional Standards for Specific Uses. Certain uses may be established, constructed, 19
continued, and/or expanded provided they meet certain mitigating standards specific to 20
their design and/or operation. These conditions ensure compatibility between land uses 21
and building types and minimize adverse impacts to surrounding properties. 22
23
* * * * * * * * * * * * * 24
25
13. Limited Density Bonus Pool Allocation (LDBPA) for multi-family or mixed use 26
developments on two contiguous acres or less. 27
28
* * * * * * * * * * * * * 29
30
c. Public notice. Public notice, notice to property owners, and an advertised 31
public hearing, is required and shall be provided in accordance with the 32
applicable provisions of LDC section 10.03.06 R. and Chapter 6 of the 33
Administrative Code. 34
35
d. Evaluation criteria. The application shall be reviewed by the Hearing 36
Examiner or CCPC for compliance with the following standards of approval: 37
38
i. The proposed development is consistent with the GMP. 39
40
ii. The development shall have a beneficial effect upon the 41
neighborhood and advance a Goal, Objective, or Strategy of the 42
adopted Bayshore Gateway Triangle Community Redevelopment 43
Plan. 44
45
iii. Internal driveways, utilities, drainage facilities, recreation areas, 46
building heights, yards, architectural features, vehicular parking, 47
loading facilities, sight distances, landscaping and buffers shall be 48
adequate for the particular use involved. 49
50
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iv. Vehicular access to the project shall not be gated. 1
2
v. The petition has provided compatibility enhancements by 3
exceeding minimum buffer requirements or incorporating 4
streetscape enhancements. 5
6
vi. Compliance with the public realm improvement requirements in 7
LDC section 4.02.16 C.15 8
9
* * * * * * * * * * * * * 10
11
4.05.02 – Design Standards 12
13
* * * * * * * * * * * * * 14
15
K. Exemptions to locational requirements. 16
17
* * * * * * * * * * * * * 18
19
3. Parking exemption. 20
21
a. The Hearing Examiner or BZA, after review and recommendation by the 22
pPlanning cCommission, may approve a parking exemption under the 23
following circumstances: 24
25
* * * * * * * * * * * * * 26
27
b. The Hearing Examiner or pPlanning cCommission and the BZA shall 28
consider the following criteria for the approval of a parking exemption: 29
30
* * * * * * * * * * * * * 31
32
# # # # # # # # # # # # # 33
34
5.03.06 – Dock Facilities 35
36
* * * * * * * * * * * * * 37
38
F. Standards for boathouses. Boathouses, including any roofed structure built on a dock, 39
shall be reviewed by the Planning Commission Hearing Examiner or if Hearing Examiner 40
has a conflict, then by the Planning Commission according to the following criteria, all of 41
which must be met in order for the Hearing Examiner or Planning Commission to approve 42
the request: 43
44
* * * * * * * * * * * * * 45
46
G. Standards for boat lift canopies. 47
48
* * * * * * * * * * * * * 49
50
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3. If an applicant wishes to construct a boat lift canopy that does not meet the 1
standards of subsection 5.03.06 G. above, then a petition for a boat lift canopy 2
deviation may be made to the Hearing Examiner or if the Hearing Examiner has a 3
conflict then to the Planning Commission which shall review a sufficient petition 4
application and either approve or deny the request. 5
6
H. Dock facility extension. Additional protrusion of a dock facility into any waterway beyond 7
the limits established in LDC subsection 5.03.06 E. may be considered appropriate under 8
certain circumstances. In order for the Hearing Examiner or if the Hearing Examiner has 9
a conflict then to the Planning Commission to approve the boat dock extension request, it 10
must be determined that at least 4 of the 5 primary criteria, and at least 4 of the 6 11
secondary criteria, have been met. These criteria are as follows: 12
13
* * * * * * * * * * * * * 14
15
2. Secondary criteria: 16
17
* * * * * * * * * * * * * 18
19
g. If deemed necessary based upon review of the above criteria, the Hearing 20
Examiner or Planning Commission may impose such conditions upon the 21
approval of an extension request that it deems necessary to accomplish 22
the purposes of this Code and to protect the safety and welfare of the 23
public. Such conditions may include, but shall not be limited to, greater side 24
setback(s), and provision of light(s), additional reflectors, or reflectors 25
larger than four (4) inches. 26
27
* * * * * * * * * * * * * 28
# # # # # # # # # # # # # 29
30
8.10.00 – HEARING EXAMINER 31
32
A. Establishment and Powers. The Board of County Commissioners established the office of 33
the Hearing Examiner by County Ord. No. 2013-25, as it may be amended from time to 34
time, with the powers and duties set forth therein. 35
36
B. Role on Planning Commission. The Hearing Examiner may sit as a member of the Collier 37
County Planning Commission as long as the Planning Commission serves solely in an 38
advisory body capacity to the Board of County Commissioners. While a Hearing 39
Examiner is employed by the County, a All powers and duties expressly granted to the 40
Hearing Examiner, either through the Collier County Hearing Examiner Ordinance (No. 41
2013-25, as may be amended) or through future resolutions, preempt the Collier County 42
Planning Commission, or the Board of Zoning Appeals, as the case may be, with respect 43
to the established procedures set forth in the Collier County Land Development Code. 44
45
Remand of Development Order. The Board of County Commissioners, by majority vote, 46
may remand any advertised public hearing involving a development order to the Hearing 47
Examiner for the sole purpose of opining on a legal or technical land use issue during the 48
hearing. The Hearing Examiner will issue a non-binding recommendation to the Board 49
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with respect to the issue remanded, which recommendation shall become part of the 1
record when the matter is again heard by the Board. (Ord. No. 2020-08 Section 5.5). 2
3
* * * * * * * * * * * * * 4
# # # # # # # # # # # # # 5
6
9.03.02 – Requirements for Continuation of Nonconformities 7
Where, at the effective date of adoption or relevant amendment of the LDC, lawful use of lands 8
or waters exists which would not be permitted under the LDC, the use may be continued, so 9
long as it remains otherwise lawful, provided : 10
11
* * * * * * * * * * * * * 12
13
D. Change in use. If no structural alterations are made, any nonconforming use of a 14
structure, or of a structure and premises in combination may be changed to another 15
nonconforming use of the same character, or to a more restricted nonconforming use, 16
provided the Hearing Examiner or recommended by the Planning Commission and 17
approval by the bBoard of zZoning aAppeals, upon application to the County Manager 18
or designee, shall find after public notice and hearing that the proposed use is equally 19
or more appropriate to the district than the existing nonconforming use and that the 20
relation of the structure to surrounding properties is such that adverse effect on 21
occupants and neighboring properties will not be greater than if the existing 22
nonconforming use is continued. In permitting such change, the Hearing Examiner or 23
recommended by the Planning Commission and approval by the bBoard of zZoning 24
aAppeals may require appropriate conditions and safeguards in accordance with the 25
intent and purpose of the LDC. 26
27
* * * * * * * * * * * * * 28
# # # # # # # # # # # # # 29
30
9.03.03 – Types of Nonconformities 31
32
* * * * * * * * * * * * * 33
34
B. Nonconforming structures. Where a structure lawfully exists at the effective date of the 35
adoption of this ordinance or relevant amendment that could not be built under the LDC 36
by reason of restrictions on lot area, lot coverage, height, yards, location on the lot, or 37
requirements other than use concerning the structure, such structure may be continued 38
so long as it remains otherwise lawful, subject to the following provisions: 39
40
* * * * * * * * * * * * * 41
42
4. Nonconforming residential structures, which for the purpose of this section shall 43
mean detached single-family dwellings, duplexes or mobile homes in existence 44
at the effective date of this zoning Code or its relevant amendment and in 45
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continuous residential use thereafter, may be altered, expanded, or replaced 1
upon recommendation of the Hearing Examiner or recommended by the Collier 2
County Planning Commission and approval of the Board of Zoning Appeals by 3
resolution. 4
5
5. Notwithstanding the foregoing restrictions as to reconstruction, any residential 6
structure or structures in any residential zone district may be rebuilt after 7
destruction to the prior extent, height and density of units per acre regardless of 8
the percentage of destruction, subject to compliance with the applicable building 9
code requirements in effect at the time of redevelopment. In the event of such 10
rebuilding, all setbacks and other applicable district requirements shall be met 11
unless a variance therefore is obtained from the Board of Zoning Appeals. For the 12
purpose of this section, a hotel, motel, or boatel shall be considered to be a 13
residential structure. Since the size and nature of the alteration, expansion or 14
replacement of such nonconforming structures may vary widely, a site plan, and if 15
applicable, preliminary building plans indicating the proposed alteration, expansion 16
or replacement shall be presented with each petition. Prior to granting such 17
alteration, expansion or replacement of a nonconforming single-family dwelling, 18
duplex or mobile home, the Planning Commission and the BCC Board of Zoning 19
Appeals shall consider and base its approval on the following standards and 20
criteria: 21
22
* * * * * * * * * * * * * 23
# # # # # # # # # # # # # 24
25
9.03.07 – Nonconformities Created or Increased by Public Acquisition 26
27
* * * * * * * * * * * * * 28
29
D. Post Take Plan. This section addresses the development, review and approval of post-30
take cure plans for remainder properties to mitigate and/or eliminate the negative and 31
potentially costly impacts resulting from the taking of a property for public purposes. In 32
such cases, it may be determined to be in the public interest to allow some deviations from 33
applicable LDC or PUD provisions, or Conditional Use requirements, in order to 34
accommodate site modifications and/or enhancements, designed to cure, remedy, 35
mitigate, minimize or resolve otherwise negative site impacts resultant from public 36
acquisition. 37
38
* * * * * * * * * * * * * 39
40
4. Approval Criteria and Process. 41
42
a. If no written objection is received within 30 days of the date of mailing of 43
the notice, the Post Take Plan is deemed approved. 44
45
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b. If an abutting property owner who receives a notice submits a written 1
objection to Collier County within 30 days of the date of mailing of notice, 2
the matter shall be scheduled for public hearing before the Collier County 3
Planning Commission (CCPC) Hearing Examiner (HEX) or if the Hearing 4
Examiner has a conflict then to the Planning Commission. In such cases, 5
the Board of County Commissioners delegates the authority to review 6
the Post Take Plan to the CCPC HEX and includes this review as part of 7
the CCPC HEX powers and duties under the Collier County Code of Laws 8
and Ordinances section 2-1156 - 2-1164 Chapter 2, Article III, Division 3, 9
Section 2-87. Public notice for the hearing shall comply with LDC section 10
10.03.05 C, as may be applicable, and shall specifically note the location 11
of the property and the requested deviations. The CCPC HEX, in 12
considering whether to approve, approve with conditions, or deny the 13
proposed Post Take Plan, shall consider the following: 14
15
i. Whether the deviation is the minimum amount necessary to 16
mitigate for the impacts of the acquisition, while still protecting the 17
public health, safety, and welfare; and 18
ii. Whether the County or property owner has or will mitigate for 19
impacts from the requested deviation(s) on neighboring properties 20
by maintaining or enhancing compatibility through various 21
measures, including but not limited to the installation of additional 22
landscape plantings or the installation of fences or walls; and 23
24
iii. Whether the requested deviations are consistent with and further 25
applicable policies of the GMP and the requirements of the LDC, 26
PUD, or Conditional Use, as may be applicable 27
28
5. Within 30 days of approval, approval with conditions, or denial of a Post Take Plan 29
by the HEX or CCPC, the applicant, affected property owner, or abutting property 30
owner may appeal the decision to the Board of Zoning Appeals. For the purposes 31
of this section, an aggrieved or adversely affected party is defined as any person 32
or group of persons which will suffer an adverse effect to any interest protected or 33
furthered by the Collier County Growth Management Plan, Land Development 34
Code, or building code(s). If an appeal is filed by an abutting property owner, and 35
said appeal is successful, Collier County shall reimburse said appellant for the 36
appeal application fee and any associated advertising costs. 37
38
* * * * * * * * * * * * * 39
# # # # # # # # # # # # # 40
41
9.04.06 – Specific Requirements for Variance to the Coastal Construction Setback Line 42
43
* * * * * * * * * * * * * 44
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1
B. Setback lines established under this LDC shall be reviewed upon petition of affected 2
riparian upland owners. The Hearing Examiner or BZA BCC of Collier County shall 3
decide, after due public notice and hearing, whether a change in the setback line is 4
justified, and shall notify the petitioner in writing. The present setback lines are 5
presumed to be correct, and no change in setback lines are presumed to be correct, 6
and no change in setback lines shall be made except upon an affirmative showing by 7
petitioner that any construction line established hereunder is a minimum of 150 feet 8
landward of the mean high-water line or seventy-five (75) feet landward of the 9
vegetation line whichever is greater; and that considering ground elevations in relation 10
to historical storm and hurricane tides, predicted maximum wave uprush, beach and 11
offshore ground contours, the vegetation line, erosion trends, the dune or bluff line, if 12
any exist, and existing upland development, that the general public health and welfare 13
are preserved, upland properties protected, and beach and sand dune erosion 14
controlled. 15
16
* * * * * * * * * * * * * 17
18
G. Procedures for obtaining variance. 19
20
* * * * * * * * * * * * * 21
22
2. Notice and public hearing for coastal construction setback line variances. An 23
application for coastal construction setback line (CCSL) variance shall be 24
considered by the Hearing Examiner or BZA BCC pursuant to the following public 25
notice and hearing requirements. 26
27
a. The applicant shall post a sign at least 45 days prior to the date of the public 28
hearing by the Hearing Examiner or BZA BCC. The sign shall contain 29
substantially the following language and the sign copy shall utilize the total 30
area of the sign: 31
32
PUBLIC HEARING REQUESTING 33
CCSL VARIANCE APPROVAL (both to contain the following information:) 34
TO PERMIT: (Sufficiently clear to describe the type of variance requested). 35
36
DATE: _______ 37
38
TIME: _______ 39
40
TO BE HELD IN HEARING EXAMINER or BOARD OF COUNTY 41
COMMISSIONERS MEETING ROOM, COLLIER COUNTY 42
GOVERNMENT CENTER. 43
44
* * * * * * * * * * * * * 45
46
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d. In the case of sign(s) located on a property one acre or more in size, the 1
applicant shall be responsible for erecting the required sign(s). The sign(s) 2
shall be erected in full view of the public on each street upon which the 3
subject property has frontage and on the side of the property visible from 4
the beach. Where the subject property is landlocked, or for some other 5
reason the sign(s) cannot be posted directly on the property, then the 6
sign(s) shall be erected along the nearest street right-of-way, with an 7
attached notation indicating generally the distance and direction to the 8
subject property. There shall be at least one sign on each external 9
boundary which fronts upon a street, however, in the case of external 10
boundaries along a street with greater frontages than 1,320 linear feet, 11
signs shall be placed equidistant from one another with a maximum 12
spacing of 1,000 linear feet, except that in no case shall the number of 13
signs along an exterior boundary fronting on a street exceed four signs. 14
The applicant shall provide evidence to the County Manager or designee 15
that the sign(s) were erected by furnishing photographs of the sign(s) 16
showing the date of their erection at least ten days prior to the scheduled 17
public hearing by the BCC. The sign(s) shall remain in place until the date 18
of either of the following occurrences: 19
20
1. Final action is taken by the Hearing Examiner or BZA BCC; 21
or 22
2. The receipt of a written request by the County Manager or 23
designee from the applicant to either withdraw or continue 24
the petition indefinitely. 25
26
e. Notice of the time and place of the public hearing by the BCC Hearing 27
Examiner or BZA shall be advertised in a newspaper of general circulation 28
in the county at least one time and at least 15 days prior to the public 29
hearing. Where applicable, the notice shall clearly describe the proposed 30
variance. The advertisement shall also include a location map that 31
identifies the approximate geographic location of the subject property. 32
33
f. The BCC Hearing Examiner or BZA shall hold one advertised public 34
hearing on the proposed variance and may, upon the conclusion of the 35
hearing, immediately adopt the resolution approving the variance. 36
37
3. The BCC Hearing Examiner or BZA shall notify petitioner in writing of its decision 38
within 15 days of the public hearing. 39
40
4. Any person aggrieved by a decision of the BCC Hearing Examiner or BZA granting 41
or denying a variance may apply to the circuit court of the circuit in which the 42
property is located for judicial relief within 30 days after rendition of the decision by 43
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the BCC Hearing Examiner or BZA. Review in the circuit court shall be by petition 1
for a writ of certiorari and shall be governed by the Florida Appellate Rules. 2
3
* * * * * * * * * * * * * 4
# # # # # # # # # # # # # 5
6
10.02.03 – Requirements for Site Development, Site Improvement Plans and Amendments 7
thereof 8
9
* * * * * * * * * * * * * 10
11
I. Electronic data requirements for site development plans, site improvement plans, and 12
amendments thereof. After the final site plan has been approved by the County Manager 13
or designee During the review process for compliance with the LDC, as provided in this 14
section, the applicant's professional engineer shall also submit digitally created 15
construction/site plan documents, in an acceptable electronic format. 1 disk (CDROM) of 16
the master plan file, including, where applicable, easements, water/wastewater facilities, 17
and stormwater drainage system. The digital data to be submitted shall follow these 18
formatting guidelines: All data shall be delivered in the state plane coordinate system, with 19
a Florida East Projection, and a North American Datum 1983/1990 (NAD83/90 datum), 20
with United States Survey Feet (USFEET) units; as established by a Florida registered 21
professional surveyor and mapper. All information shall have a maximum dimensional 22
error of +0.5 feet. Files shall be in an AutoCAD (DWG) or Digital Exchange File (DXF) 23
format; information layers shall have common naming conventions (i.e. right-of-way—24
ROW, centerlines—CL, edge-of-pavement—EOP, etc.). For a plan to be deemed 25
complete, the layering scheme must be readily understood by county staff. All property 26
information (parcels, lots, and requisite annotation) shall be drawn on a unique information 27
layer, with all linework pertaining to the property feature located on that layer. 28
Example: parcels—All lines that form the parcel boundary will be located on 29
1 parcel layer. Annotations pertaining to property information shall be on a unique layer. 30
Example: Lot dimensions—Lottxt layer* * * * * * *31
* * * * * * 32
# # # # # # # # # # # # # 33
34
10.02.04 – Requirements for Preliminary and Final Subdivision Plats 35
36
* * * * * * * * * * * * * 37
38
B. Construction Plans and Final Subdivision Plats (PPLs). Construction plans and final 39
subdivision plats are commonly referred to as "plans and plat." 40
41
* * * * * * * * * * * * * 42
43
3. County Manager review of construction plans and final subdivision plats. 44
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1
* * * * * * * * * * * * * 2
3
d. Digital submission. After the final subdivision plat has been approved by 4
the County Manager or designee for During the review process for 5
compliance with the LDC, as provided in this section, the applicant shall 6
resubmit 5 certified sets of the approved construction plans along with 7
approved copies of all required county permits. The applicant's 8
professional engineer shall also submit a set of digitally created 9
construction/site plan documents, 1 disk (CDROM) of the in an acceptable 10
electronic format. master plan file, including, where applicable, easements, 11
water/wastewater facilities, and stormwater drainage system. The digital 12
data to be submitted shall follow these formatting guidelines: All data shall 13
be delivered in the state plane coordinate system, with a Florida East 14
Projection, and a North American Datum 1983/1990 (NAD83/90 datum), 15
with United States Survey Feet (USFEET) units; as established by a Florida 16
registered professional surveyor and mapper. All information shall have a 17
maximum dimensional error of +0.5 feet. Files shall be in an AutoCAD 18
(DWG) or Digital Exchange File (DXF) format; information layers shall have 19
common naming conventions (i.e. right-of-way—ROW, centerlines—CL, 20
edge-of-pavement—EOP, etc.). For a plan to be deemed complete, the 21
layering scheme must be readily understood by county staff. All property 22
information (parcels, lots, and requisite annotation) shall be drawn on a 23
unique information layer, with all linework pertaining to the property feature 24
located on that layer. Example: parcels—All lines that form the parcel 25
boundary will be located on 1 parcel layer. Annotations pertaining to 26
property information shall be on a unique layer. Example: lot dimensions—27
Lottxt layer. 28
29
* * * * * * * * * * * * * 30
# # # # # # # # # # # # # 31
32
10.02.05 – Construction, Approval, and Acceptance of Required Improvements 33
34
* * * * * * * * * * * * * 35
36
B. Preliminary Acceptance of Required Subdivision Improvements by the County Engineer 37
or designee. Preliminary acceptance by the County Engineer or designee shall identify 38
that the subdivision or development is substantially safe for public occupancy. 39
40
* * * * * * * * * * * * * 41
42
2. Submittal requirements. Upon completion of all required improvements contained 43
in the approved construction plans, the applicant's professional engineer of record 44
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shall provide the following materials for the review by the County Engineer or 1
designee: 2
3
* * * * * * * * * * * * * 4
5
f. Digital submission. The applicant's professional engineer shall also submit 6
digitally created construction/site plan documents, including 1 disk 7
(CDROM) of an acceptable electronic format, the master plan file, 8
including, where applicable, easements, water/wastewater facilities, and 9
stormwater drainage system. The digital data to be submitted shall follow 10
these formatting guidelines: All data shall be delivered in the state plane 11
coordinate system, with a Florida East Projection, and a North American 12
Datum 1983/1990 (NAD83/90 datum), with United States Survey Feet 13
(USFEET) units; as established by a Florida registered professional 14
surveyor and mapper. All information shall have a maximum dimensional 15
error of +0.5 feet. Files shall be in an AutoCAD (DWG) or Digital Exchange 16
File (DXF) format; information layers shall have common naming 17
conventions (i.e. right-of-way—ROW, centerlines—CL, edge-of-18
pavement—EOP, etc.). For a plan to be deemed complete, the layering 19
scheme must be readily understood by county staff. All property information 20
(parcels, lots, and requisite annotation) shall be drawn on a unique 21
information layer, with all linework pertaining to the property feature located 22
on that layer. Example: parcels—All lines that form the parcel boundary will 23
be located on 1 parcel layer. Annotations pertaining to property information 24
shall be on a unique layer. Example: lot dimensions—Lottxt layer. In 25
addition, a copy of applicable measurements, tests and reports made on 26
the work and material during the progress of construction must be 27
furnished. The record construction data shall be certified by the applicant's 28
professional engineer and professional surveyor and mapper and shall 29
include but not be limited to the following items which have been obtained 30
through surveys performed on the completed required improvements: 31
32
* * * * * * * * * * * * * 33
# # # # # # # # # # # # # 34
35
10.02.06 – Requirements for Permits 36
37
* * * * * * * * * * * * * 38
39
K. Comparable Use Determination. 40
41
1. The following Comparable Use Determination (CUD) shall be used to determine 42
whether a use at a site-specific location is comparable in nature and consistent 43
with the list of permitted uses, and the purpose and intent statement of the zoning 44
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district, overlay, or PUD. Approval of a CUD made at one location shall not be 1
construed to mean the use is entitled in a different location. 2
3
2. To be effective, the Comparable Use Determination shall be approved by the 4
Hearing Examiner by decision, or Board of Zoning Appeals by resolution after 5
CCPC recommendation to the BZA, at an advertised public hearing based on the 6
following standards, as applicable: 7
8
* * * * * * * * * * * * * 9
10
d. The proposed use shall be compatible and consistent with the other 11
permitted uses in the zoning district, overlay, or PUD. 12
13
e. The proposed use shall be compatible with the surrounding neighborhood 14
and only apply to the specific property seeking a comparable use 15
determination. 16
17
f. Any additional relevant information as may be required by County 18
Manager or Designee. 19
20
3. The Administrative Code shall establish the process and application submittal 21
requirements to obtain a Comparable Use Determination. 22
23
# # # # # # # # # # # # # 24
25
10.02.13 – Planned Unit Development (PUD) Procedures 26
27
A. Generally. Applications for amendments to, or rezoning to, PUD shall be in the form of a 28
PUD master plan of development along with a list of permitted and accessory uses and a 29
development standards table. The PUD application shall also include a list of developer 30
commitments and any proposed deviations from the LDC. The PUD master plan shall 31
have been designed by an urban planner who possesses the education and experience 32
to qualify for full membership in the American Institute of Certified Planners; and/or a 33
landscape architect who possesses the education and experience to qualify for full 34
membership in the American Society of Landscape Architects, together with either a 35
practicing civil engineer licensed by the State of Florida, or a practicing architect licensed 36
by the State of Florida. 37
38
* * * * * * * * * * * * * 39
40
2. PUD application. The applicant shall submit data supporting and describing the 41
petition for rezoning to PUD that includes a development standards table, 42
developer commitments and a list of deviations from the LDC. Dimensional 43
standards shall be based upon an established zoning district that most closely 44
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resembles the development strategy, particularly the type, density and intensity, 1
of each proposed land use. The PUD application shall include the information 2
identified in the Administrative Code unless determined by the Planning and 3
Zoning Director County Manager or designee to be unnecessary to describe 4
the development strategy. 5
6
3. Deviations from master plan elements. The Zoning and Land Development Review 7
Department Director County Manager or designee may exempt a petition from 8
certain required elements for the PUD master plan identified in the Administrative 9
Code when the petition contains conditions which demonstrate the element may 10
be waived and will not have a detrimental effect on the health, safety and welfare 11
of the community. All exemptions shall be noted within the PUD submittal and 12
provided to the Board of County Commissioners. 13
14
* * * * * * * * * * * * * 15
16
B. Procedures for planned unit development zoning. Petitions for rezoning to PUD in 17
accordance with LDC section 10.02.08, shall be submitted and processed as for a 18
rezoning amendment generally pursuant to LDC section 10.02.08 and in accordance with 19
the following special procedures: 20
21
1. Pre-application meeting. Prior to the submission of a formal application for 22
rezoning to PUD, the applicant shall confer with the Planning and Zoning 23
Department Director County Manager’s designee and other County staff, 24
agencies, and officials involved in the review and processing of such applications 25
and related materials. The applicant is further encouraged to submit a tentative 26
land use sketch plan for review at the pre-application meeting, and to obtain 27
information on any projected plans or programs relative to possible applicable 28
Federal or State requirements or other matters that may affect the proposed PUD. 29
The pre-application meeting should address, but is not limited to, the following: 30
31
* * * * * * * * * * * * * 32
33
E. Changes and amendments. There are three types of changes to a PUD Ordinance: 34
Substantial, Insubstantial, and Minor. 35
36
1. Substantial changes. Any substantial change(s) to an approved PUD Ordinance 37
shall require the review and recommendation of the Planning Commission and 38
approval by the Board of County Commissioners as a PUD amendment prior to 39
implementation. Applicants shall be required to submit and process a new 40
application complete with pertinent supporting data, as set forth in the 41
Administrative Code. For the purpose of this section, a substantial change shall be 42
deemed to exist where: 43
44
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a. A proposed change in the boundary of the PUD; 1
2
b. A proposed increase in the total number of dwelling units or intensity of 3
land use or height of buildings within the development; 4
5
c. A proposed decrease in preservation, conservation, recreation or open 6
space areas within the development not to exceed 5 percent of the total 7
acreage previously designated as such, or 5 acres in area; 8
9
d. A proposed increase in the size of areas used for nonresidential uses, to 10
include institutional, commercial and industrial land uses (excluding 11
preservation, conservation or open spaces), or a proposed relocation of 12
nonresidential land uses; 13
14
e. A substantial increase in the impacts of the development which may 15
include, but are not limited to, increases in traffic generation; changes in 16
traffic circulation; or impacts on other public facilities; 17
18
f. A change that will result in land use activities that generate a higher level 19
of vehicular traffic based upon the Trip Generation Manual published by 20
the Institute of Transportation Engineers; 21
22
g. A change that will result in a requirement for increased stormwater 23
retention, or will otherwise increase stormwater discharges; 24
25
h. A change that will bring about a relationship to an abutting land use that 26
would be incompatible with an adjacent land use; 27
28
i. Any modification to the PUD master plan or PUD document or amendment 29
to a PUD ordinance which is inconsistent with the Future Land Use Element 30
or other element of the Growth Management Plan or which modification 31
would increase the density or intensity of the permitted land uses; 32
33
j. The proposed change is to a PUD district designated as a development of 34
regional impact (DRI) and approved pursuant to F.S. § 380.06, where such 35
change requires a determination and public hearing by Collier County 36
pursuant to F.S. § 380.06(19). Any change that meets the criterion of F.S. 37
§ 380.06(19)(e)2, and any changes to a DRI/PUD master plan that clearly 38
do not create a substantial deviation shall be reviewed and approved by 39
Collier County under this LDC section 10.02.13; or 40
41
k. Any modification in the PUD master plan or PUD document or amendment 42
to a PUD ordinance which impact(s) any consideration deemed to be a 43
substantial modification as described under this LDC section 10.02.13.; or 44
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1
l. A submittal request for a new PUD document and repeals the previously 2
approved PUD document. 3
4
2. Insubstantial change determination. An insubstantial change includes any change 5
that is not considered a substantial or minor change. An insubstantial change to 6
an approved PUD Ordinance shall be based upon an evaluation of LDC subsection 7
10.02.13 E.1 and shall require the review and approval of the Planning 8
Commission Hearing Examiner. The Planning Commission approval Hearing 9
Examiner’s decision shall be based on the findings and criteria used for the original 10
application and be an action taken at a regularly scheduled meeting. 11
12
a. The applicant shall provide the Planning and Zoning Department Director 13
County Manager or designee documentation which adequately describes 14
the proposed changes as described in the Administrative Code. 15
16
3. Minor changes. The following are considered minor changes, and may be 17
approved by the County Manager or designee under the procedures established 18
in the Administrative Code. 19
20
a. Educational and ancillary plants exception. When a PUD is amended for 21
the sole purpose of adding an Educational and/or ancillary plant, that 22
PUD will not be subject to the review process outlined in 23
section 10.02.13 E.1. The review conducted will be limited to the impacts 24
that the Educational or ancillary plant will have on the surrounding uses. 25
26
b. The County Manager or designee shall also be authorized to allow minor 27
changes to the PUD master plan during its subdivision improvements 28
plan or site development plan process to accommodate topography, 29
vegetation and other site conditions not identified or accounted for during 30
its original submittal and review and when said changes have been 31
determined to be compatible with adjacent land uses, have no impacts 32
external to the site, existing or proposed, and is otherwise consistent with 33
the provisions of this code and the growth management plan. Such 34
changes shall include: 35
36
i. Internal realignment of rights-of-way, including a relocation 37
of access points to the PUD itself, where no water management 38
facility, conservation/preservation areas, or 39
required easements are affected or otherwise provided for. 40
41
ii. Relocation of building envelopes when there is no encroachment 42
upon required conservation or preservation areas. 43
44
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1
iii. Relocation of swimming pools, clubhouses, or other recreation 2
facilities when such relocation will not affect adjacent properties or 3
land uses. 4
5
iv. Relocation or reconfiguration of lakes, ponds, or other water 6
facilities subject to the submittal of revised water management 7
plans, or approval of the EAC where applicable. 8
9
Minor changes of the type described above shall nevertheless be reviewed 10
by appropriate staff to ensure that said changes are otherwise in 11
compliance with all county ordinances and regulations prior to the Planning 12
and Zoning Department Director's County Manager or designee’s 13
consideration for approval. 14
15
* * * * * * * * * * * * * 16
17
F. PUD Monitoring Report requirements. In order to ensure and verify that approved project 18
densities or intensities of land use will not be exceeded and 19
that development commitments will be fulfilled and are consistent with 20
the development's approved transportation impact study, annual monitoring reports must 21
be submitted by the owner(s) of a PUD to the County Manager or designee. 22
23
* * * * * * * * * * * * * 24
25
4. County will be given at least 6 month's prior written notice to a change in 26
ownership, to a community association, including but not limited to transfer of all 27
or part of the development to a Home Owners Association, Property Owners 28
Association, Master Association, or similar entity. Change in ownership of 29
portions of a PUD development shall not absolve the original owner of the 30
requirement to file an annual monitoring report. Transferring responsibility for 31
filing the annual monitoring report to an entity other than the original owner may 32
be demonstrated in the form of an executed agreement between the original 33
owner and the new entity which when filed with the Planning and Zoning 34
Department Director County Manager or designee shall automatically transfer 35
responsibility for filing that annual monitoring report. 36
37
* * * * * * * * * * * * * 38
39
H. Interpretations of PUD documents. The Planning Services Department Director 40
County Manager or designee shall be authorized to interpret the PUD document 41
and PUD master plan. 42
43
* * * * * * * * * * * * * 44
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1
L. Common open space or common facilities. Any common open space or 2
common facilities established by an adopted master plan of development for a 3
PUD district shall be subject to the following: 4
5
* * * * * * * * * * * * * 6
7
2. In the event that the organization established to own and maintain common 8
open space or common facilities, or any successor organization, shall at 9
any time after the establishment of the PUD fail to meet conditions in 10
accordance with the adopted PUD master plan of development, the 11
Planning and Zoning Director County Manager or designee may serve 12
written notice upon such organization and/or the owners or residents of the 13
planned unit development and hold a public hearing. If deficiencies of 14
maintenance are not corrected within 30 days after such notice and hearing, 15
the Planning and Zoning Director County Manager or designee shall call 16
upon any public or private agency to maintain the common open space for 17
a period of 1 year. When the Planning and Zoning Director County Manager 18
or designee determines that the subject organization is not prepared or able 19
to maintain the common open space or common facilities, such public or 20
private agency shall continue maintenance for yearly periods. 21
22
* * * * * * * * * * * * * 23
# # # # # # # # # # # # # 24
25
10.02.15 – Requirements for Mixed Use Projects within the Bayshore Gateway Triangle 26
Redevelopment Area 27
28
A. Mixed Use Project Approval Types. Owners of property located in the Bayshore Gateway 29
Triangle Redevelopment Area designated as Neighborhood Commercial (BZO-NC), 30
Waterfront (BZO-W), and Mixed Use (GTZO-MXD) Subdistricts may submit an application 31
for a Mixed Use Project (MUP). The MUP shall allow for a mixture of residential and 32
commercial uses, as permitted under the Table of Uses for the appropriate subdistrict. 33
Applications for a MUP may be approved administratively or through a public hearing 34
process as described in this section. A pre-application meeting is required for all MUP 35
applications. 36
37
* * * * * * * * * * * * * 38
39
2. MUPs Requiring Public Hearing: 40
41
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a. MUPs that do not meet the thresholds for administrative approval may be 1
approved by the BZA review and recommendation of the CCPC Planning 2
Commission and BCC through a public hearing process. 3
4
* * * * * * * * * * * * * 5
6
c. There shall be a public hearing before the BZA Planning Commission and 7
BCC legally noticed and advertised pursuant to LDC section 10.03.06. 8
9
d. After a Mixed Use Project has been approved by the BZA BCC, the 10
applicant shall submit a site development plan (SDP) consistent with the 11
conceptual site plan approved by the BZA BCC and meeting the 12
requirements of LDC section 10.02.03 B. The SDP may be submitted 13
concurrent with the MUP application at the applicant's risk. 14
15
* * * * * * * * * * * * * 16
# # # # # # # # # # # # # 17
18
10.03.06 – Public Notice and Required Hearings for Land Use Petitions 19
This section shall establish the requirements for public hearings and public notices. This section 20
shall be read in conjunction with LDC section 10.03.05 and Chapter 8 of the Administrative 21
Code, which further establishes the public notice procedures for land use petitions . 22
23
A. Ordinance or resolution that is initiated by County or a private entity which does not 24
change the zoning atlas or actual list of uses in a zoning category but does affect the 25
use of land, including, but not limited to, land development code regulations as defined 26
in F.S. § 163.3202, regardless of the percentage of the land affected. This is commonly 27
referred to as a LDC amendment . 28
29
* * * * * * * * * * * * * 30
31
2. The following notice procedures are required: 32
33
a. Newspaper Legal Advertisement prior to each advertised public hearing in 34
accordance with F.S. § 125.66 and F.S. § 50.0311. 35
36
B. Ordinance or resolution for a rezoning, or a PUD amendment, or a conditional use. For 37
minor conditional use notice requirements see 10.03.06 C, below and for County initiated 38
rezonings, see LDC section 10.03.06 K.: 39
40
1. The following advertised public hearings are required: 41
42
a. One Planning Commission and, if required, an Environmental 43
Advisory Council hearing. 44
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1
b. One BCC or BZA hearing. 2
3
2. The following notice procedures are required: 4
5
* * * * * * * * * * * * * 6
7
c. Newspaper Legal Advertisement prior to each advertised public 8
hearing in accordance with F.S. § 125.66 and F.S. § 50.0311. 9
10
* * * * * * * * * * * * * 11
12
C. Minor conditional use. 13
14
1. The following advertised public hearings are required: 15
16
a. One Hearing Examiner hearing. If not heard by the Hearing Examiner, then 17
pursuant to LDC section 10.03.06 B and if directed by a single Board 18
member, one Planning Commission and BZA. 19
20
* * * * * * * * * * * * * 21
22
c. Newspaper Legal Advertisement prior to the advertised public hearing.. 23
24
* * * * * * * * * * * * * 25
26
D. Conditional use extension, or conditional use re-review: 27
28
* * * * * * * * * * * * * 29
30
2. The following notice procedures are required: 31
32
b. Newspaper Legal Advertisement prior to the advertised public hearing.. 33
34
* * * * * * * * * * * * * 35
36
E. Ordinance or resolution for comprehensive plan amendments: 37
38
* * * * * * * * * * * * * 39
40
2. The following notice procedures are required: 41
42
a. Small-scale amendments: 43
* * * * * * * * * * * * * 44
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1
iii. Newspaper Legal Advertisement prior to each advertised public hearing. 2
3
* * * * * * * * * * * * 4
5
F. Variance, pursuant to LDC section 9.04.02 or a sign variance, pursuant to LDC 6
section 5.06.08: 7
8
1. The following advertised public hearings are required: 9
10
a. One Planning Commission or Hearing Examiner hearing. 11
12
b. If Hearing Examiner has a conflict, then heard by the Planning 13
Commission, and one BZA hearing. 14
15
2. The following notice procedures are required: 16
17
c. Newspaper Legal Advertisement prior to each advertised public hearing in 18
accordance with F.S. § 50.0311. 19
20
* * * * * * * * * * * * * 21
22
G. Parking exemption, pursuant to LDC section 4.05.02 K.3: 23
24
1. The following advertised public hearing is required: 25
26
a. One Planning Commission or Hearing Examiner hearing. 27
28
b. If heard by the Hearing Examiner has a conflict, one Planning Commission, 29
and BZA hearing. 30
31
2. The following notice procedures are required: 32
33
c. Newspaper Legal Advertisement prior to the advertised public hearing. 34
35
* * * * * * * * * * * * * 36
37
H. PUD Insubstantial Change (PDI) or Boat Dock Facility Extension, Boathouse 38
Establishment, or Boat Dock Canopy Deviation: 39
40
1. The following advertised public hearings are required: 41
42
a. One Planning Commission or Hearing Examiner hearing. 43
44
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25
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b. If Hearing Examiner has a conflict, one Planning Commission hearing. 1
2
3
2. The following notice procedures are required: 4
5
a. For a PDI, a NIM. See LDC section 10.03.05 A. However, upon written 6
request by the applicant, the Hearing Examiner has the discretion to waive 7
the NIM after the first set of staff review comments have been issued. 8
9
b Mailed Notice prior to the advertised public hearing. 10
11
c. Newspaper Legal Advertisement pursuant to Chapter 50, Florida Statues, 12
on the Clerk of Court’s public accessible website prior to the advertised 13
public hearing. 14
15
d. Posting of a sign prior to the advertised public hearing. 16
17
I. Ordinance or resolution for the establishment, amendment to, or the abandonment of a 18
Development of Regional Impact (DRI): 19
20
1. The following advertised public hearings are required: 21
22
a. One Planning Commission hearing. 23
24
b. One BCC hearing. 25
26
2. The following notice procedures are required: 27
28
a. In accordance with F.S. § 380.06 and the, Florida Administrative Code, and 29
F.S. § 50.0311. 30
31
* * * * * * * * * * * * * 32
33
J. Ordinance or resolution that is initiated by the BCC and will change the zoning map 34
designation of less than 10 contiguous acres of land. This is commonly referred to as a 35
rezone. 36
37
* * * * * * * * * * * * * 38
39
2. The following notice procedures are required: 40
41
b. Newspaper Legal Advertisement prior to each advertised public hearing. 42
The advertisement for the Planning Commission hearing shall include a 43
project location map and pursuant to F.S. § 125.66 and F.S. § 50.0311. 44
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1
* * * * * * * * * * * * * 2
3
K. Ordinance or resolution that is initiated by the BCC and will change the zoning map 4
designation of more than 10 contiguous acres of land or more or an ordinance or resolution 5
that will change the actual list of permitted, conditional, or prohibited uses of land within a 6
zoning category. This is commonly referred to as a rezone or LDC amendment: 7
8
* * * * * * * * * * * * * 9
10
2. The following notice procedures are required 11
12
b. Newspaper Legal Advertisement prior to the BCC hearings in accordance 13
with F.S § 125.66 (4) including a project location map and F.S. § 50.0311. 14
15
i. In lieu of the newspaper legal advertisement, the BCC may mail a 16
written notice to property owners within the area covered by the 17
proposed ordinance or resolution. The notice shall include the time, 18
place and location of both the public hearings before the BCC. 19
20
ii. The first BCC hearing shall be held at least seven days after the 21
first advertisement is published. The second hearing shall be held 22
at least ten days after the first hearing and shall be advertised at 23
least five days prior to the public hearing. 24
25
• * * * * * * * * * * * * 26
27
L. Ordinance or resolution for a Stewardship Sending Area (SSA) and SSA amendments: 28
29
* * * * * * * * * * * * * 30
31
2. The following notice procedures are required: 32
33
a. Newspaper Legal Advertisement prior to the advertised public hearing 34
pursuant to LDC section 4.08.06 E.1. 35
36
M. Resolution or decision for a Stewardship Receiving Area (SRA) and SRA 37
amendments. 38
39
* * * * * * * * * * * * * 40
41
2. The following notice procedures are required: 42
43
a. SRA designation or SRA substantial change : 44
45
iii. Newspaper Legal Advertisement prior to each advertised public 46
hearing in accordance with F.S. § 125.66 and F.S. § 50.0311. 47
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1
• * * * * * * * * * * * * 2
3
b. SRA insubstantial change 4
5
iii. Newspaper Legal Advertisement prior to the advertised public 6
hearing. 7
8
N. Ordinance or resolution for an MUP located in the mixed use subdistrict of the BZO or 9
GTZO which seeks to utilize the Density Bonus Pool Allocation or request deviations 10
exceeding administrative approval, pursuant to LDC section 10.02.15: 11
12
* * * * * * * * * * * * * 13
14
2. The following notice procedures are required : 15
16
c. Newspaper Legal Advertisement prior to each advertised public hearing. 17
18
O. Approval of a Comparable Use Determination pursuant to LDC section 10.02.06 K. 19
20
1. The following advertised public hearings are required: 21
22
a. One CCPC or Hearing Examiner or if Board directed, one BZA hearing. 23
24
b. If heard by the Planning Commission , one BZA hearing. 25
26
2. The following notice procedures are required: 27
28
a. Newspaper Legal Advertisement prior to the advertised public hearing in 29
accordance with F.S. § 125.66 and F.S. § 50.0311. 30
31
* * * * * * * * * * * * * 32
33
P. Official Interpretations, pursuant to LDC section 1.06.00. 34
35
1. The following notice procedures are required for the interpretation of county wide 36
application of the Growth Management Plan, Land Development Code and 37
the building code: 38
39
a. Newspaper Legal Advertisement. 40
41
2. The following notice procedures are required for the interpretation affecting a 42
specific parcel of land. 43
44
* * * * * * * * * * * * * 45
46
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c. Newspaper Legal Advertisement in accordance with F.S. § 50.0311. 1
2
Q. Appeal of an Official Interpretation, pursuant to LDC section 1.06.00. 3
4
1. The following advertised public hearings are required: 5
6
a. One BZA or Hearing Examiner or if Board directed, one BZA hearing. 7
8
2. The following notice procedures are required: 9
10
a. Newspaper Legal Advertisement prior to the advertised public hearing in 11
accordance with F.S. § 125.66 and F.S. § 50.0311. 12
13
R. Site Plan with Deviations for Redevelopment, pursuant to LDC section 10.02.03 F, 14
deviations in the GGPOD, pursuant to LDC section 4.02.26 E., and the LBDPA, pursuant 15
to LDC section 4.02.16 C.13. 16
17
1. The following advertised public hearings are required: 18
19
a. One Planning Commission or Hearing Examiner hearing. 20
21
b. If heard by the Planning Commission , one BZA hearing. 22
23
2. The following notice procedures are required: 24
25
a. Newspaper Legal Advertisement prior to the advertised public hearing in 26
accordance with F.S. § 125.66, and F.S. § 50.0311. 27
28
b. Mailed Notice prior to the advertised public hearing. 29
30
c. Posting of a sign prior to the advertised public hearing. 31
32
S. Post Take Plan, pursuant to LDC section 9.03.07 D. 33
34
1. The following notice procedures are required: 35
36
* * * * * * * * * * * * * 37
38
b. If a Planning Commission or Hearing Examiner hearing is required, a 39
Newspaper Legal Advertisement. 40
41
2. The following advertised public hearings may shall be required: 42
43
a. If a written objection is received, one Planning Commission or Hearing 44
Examiner or BZA hearing. 45
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29
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1
T. Minor Change to a PUD to remove affordable housing contributions, pursuant to LDC 2
section 10.02.13 E.3.c. 3
4
* * * * * * * * * * * * 5
6
2. The following advertised public hearings may be required: 7
8
a. If a written objection is received, one BCC or Hearing Examiner hearing. 9
10
b. If Hearing Examiner has a conflict, one Planning Commission hearing. 11
12
13
* * * * * * * * * * * * * 14
15
U. Automobile Service Station Facilities with Fuel Pumps Waiver pursuant to LDC section 16
5.05.05 and Alcohol Beverage Distance Waiver pursuant to LDC section 5.05.01. 17
18
1. The following advertised public hearings are required: 19
20
a. One BZA or Hearing Examiner hearing, 21
22
b. If Hearing Examiner has a conflict, one BZA hearing. 23
24
2. The following notice procedures are required: 25
26
• * * * * * * * * * * * * 27
28
b. Newspaper Legal Advertisement prior to the advertised public hearing in 29
accordance with F.S. § 50.0311. 30
31
* * * * * * * * * * * * * 32
33
V. Nonconforming Use Change pursuant to LDC section 9.03.02 D and Nonconforming Use 34
Alteration, pursuant to LDC section 9.03.03 B.5. 35
36
1. The following advertised public hearings are required: 37
38
a. One Hearing Examiner or BZA hearing. 39
40
b. If Hearing Examiner has a conflict, one Planning Commission and BZA 41
hearing. 42
43
* * * * * * * * * * * * * 44
45
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30
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X. Stakeholder Outreach Meeting, pursuant to LDC section 5.05.15 C.3. 1
2
1. The following notice procedures are required: 3
4
a. Newspaper Legal advertisement at least 15 days prior to the 5
Stakeholder Outreach Meeting. 6
7
Y. Compatibility Design Review, pursuant to LDC section 5.05.15 F. 8
9
2. The following notice procedures are required: 10
11
a. Newspaper Legal advertisement at least 15 days prior to the advertised 12
public hearing. 13
14
Z. Events in County Right-of-Way, pursuant to LDC section 5.04.05 A.5. 15
16
2. The following notice procedures are required: 17
18
a. Newspaper Legal advertisement prior to the advertised public hearing in 19
accordance with F.S. 125.66 and F.S. § 50.0311. 20
21
* * * * * * * * * * * * * 22
# # # # # # # # # # # # # 23
24
10.04.04 – Applications Subject to Type III Review 25
26
The following applications are subject to Type III review: Variances; Administrative Appeals; 27
Certificates of Appropriateness; cConditional uUses; nNonconforming Use Amendments and 28
Alterations; Vested Rights; flood Variances; Parking Agreements. 29
30
For a graphic depiction of the review procedure, please see Illustration 10.04.04 A. 31
32
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1
2
3
4
Illustration 10.04.04 A. 5
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1
# # # # # # # # # # # # # 2
3
10.08.00 - CONDITIONAL USE PROCEDURES 4
5
* * * * * * * * * * * * * 6
7
C. Application. The Administrative Code shall establish the submittal requirements for a 8
conditional use application and minor conditional use change. 9
10
1. Conditional use application processing time. An application for a 11
conditional use will be considered "open," when the determination of 12
"sufficiency" has been made and the application is assigned a petition 13
processing number. An application for a conditional use will be considered 14
"closed" when the applicant withdraws the subject application through 15
written notice or ceases to supply necessary information to continue 16
processing or otherwise actively pursue the conditional use, for a period of 17
6 months. An application deemed "closed" will not receive further 18
processing and shall be withdrawn and an application "closed" through 19
inactivity shall be deemed withdrawn. The Planning and Zoning 20
Department County Manager or designee will notify the applicant of closure 21
by certified mail, return receipt requested; however, failure to notify by the 22
County shall not eliminate the "closed" status of a petition. An application 23
deemed "closed" may be re-opened by submitting a new application, 24
repayment of all application fees and granting of a determination of 25
"sufficiency." Further review of the request will be subject to the then 26
current LDC. 27
28
* * * * * * * * * * * * * 29
30
J. Changes and amendments. The County Manager or designee may approve minor 31
changes in the location, siting, or height of buildings, structures, and improvements 32
authorized by the conditional use. Additional u Uses or expansion of permitted uses not 33
shown on the conceptual site development plan or otherwise specifically provided for in 34
the conditional use application shall require the submission, review, and approval of a new 35
conditional use application. 36
37
Minor conditional use changes or amendments shall be heard by the Hearing Examiner, 38
except for those requests that require an Environmental Advisory Council review or, at the 39
discretion of the Hearing Examiner, is determined to be a matter of great public interest or 40
concern. Additionally, the Commissioner of the District in which the minor conditional use 41
change is located may direct the minor conditional use change to be heard by the Planning 42
Commission in an advisory capacity and then by the BZA for final action. 43
44
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1
When the Hearing Examiner directs a minor conditional use to the Planning Commission, 2
the Hearing Examiner shall consider, all criteria set forth in LDC section 10.08.00 D and 3
the relevant matters in the applicant’s written petition. 4
5
6
# # # # # # # # # # # # # 7
Exhibit A – Administrative Code
34
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Collier County Land Development Code | Administrative Procedures Manual 1
2
Contents 3
Contents ....................................................................................................................... 34 4
5
* * * * * * * * * * * * * 6
7
Chapter 8. Public Notice ......................................................................................................... 232 8
A. Generally .......................................................................................................................... 232 9
B. Neighborhood Information Meeting ................................................................................ 233 10
C. Mailed Notice ................................................................................................................... 235 11
D. Newspaper Legal Advertisement ..................................................................................... 237 12
E. Posting of a Sign ............................................................................................................... 238 13
F. Stakeholder Outreach Meeting for Golf Course Conversions (SOM) .............................. 241 14
G. Agent Letter ...................................................................................................................... 245 15
16
* * * * * * * * * * * * * 17
# # # # # # # # # # # # # 18
19
Collier County Land Development Code | Administrative Procedures Manual 20
Chapter 3 | Quasi-Judicial Procedures with a Public Hearing 21
22
Chapter 3. Quasi-Judicial Procedures with a Public Hearing 23
24
A. Appeal of an Official Interpretation of the Land Development Code 25
26
* * * * * * * * * * * * * 27
28
Notice Notification requirements are as follows. See Chapter 8 of the Administrative Code
for additional notice information.
1. Newspaper Legal Advertisements: The legal advertisement shall be published at
least 15 days before each advertised public hearing in a newspaper of general
circulation. The advertisement shall include at a minimum:
a. Date, time, and location of the hearing; and
b. 2 in. x 3 in. map of the project location, if site specific.
29
* * * * * * * * * * * * * 30
31
B. Boat Dock 32
33
B. 1 Boathouse Establishment 34
* * * * * * * * * * * * * 35
Exhibit A – Administrative Code
35
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1
Notice
Notification requirements are as follows. See Chapter 8 of the Administrative Code for
additional notice information.
1. Mailed Notice: Written notice shall be sent to property owners in the notification area
at least 15 days before the advertised public hearing. The County will mail the letters at the
applicant’s expense. The advertisement shall include at a minimum:
a. Date, time, and location of the public hearing;
b. Petition number;
c. Extension and total protrusion of the facility; and
d. Date by which written comments must be filed with the Zoning Division.
2. Newspaper Legal Advertisements: The legal advertisement shall be published at
least 15 days before the advertised public hearing in a newspaper of general circulation.
The advertisement shall include at a minimum:
Date, time, and location of the hearing;
a. Petition number;
b. Address of the facility;
c. Extension and total protrusion of the facility;
d. 2 in. x 3 in. map of the project location; and
e. Date by which written comments must be filed with the Zoning Division.
3. Sign: Posted at least 15 days before the advertised public hearing date.
See Chapter 8 E. of the Administrative Code for sign template .
2
B.2. Dock Facility Extension 3
4
* * * * * * * * * * * * * 5
6
Notice Notification requirements are as follows. See Chapter 8 of the Administrative Code for
additional notice information.
1. Mailed Notice: Written notice shall be sent to property owners in the notification
area at least 15 days before the first advertised public hearing. The County will mail
the letters at the applicant’s expense. The advertisement shall include at a
minimum:
a. Date, time, and location of the public hearing;
b. Petition number;
c. Extension and total protrusion of the facility; and
d. Date by which written comments must be filed with the Zoning Division.
Exhibit A – Administrative Code
36
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2. Newspaper Legal Advertisements: The legal advertisement shall be published at
least 15 days before each advertised public hearing in a newspaper of general
circulation. The advertisement shall include at a minimum:
a. Date, time, and location of the hearing;
b. Petition number;
c. Extension and total protrusion of the facility;
d. 2 in. x 3 in. map of the project location; and
e. Date by which written comments must be filed with the Zoning Division.
3. Sign: Posted at least 15 days before the first advertised public hearing date.
See Chapter 8 E. of the Administrative Code for sign template.
1
B.3. Boat Lift Canopy with Deviations 2
3
* * * * * * * * * * * * * 4
5
Notice Notification requirements are as follows.
See Chapter 8 of the Administrative Code for additional notice information.
1. Mailed Notice: Written notice shall be sent to property owners in the notification
area at least 15 days before the first advertised public hearing. The County will mail
the letters at the applicant’s expense. The advertisement shall include at a
minimum:
a. Date, time, and location of the public hearing;
b. Petition number;
c. Extension and total protrusion of the facility; and
d. Date by which written comments must be filed with the Zoning Division.
2. Newspaper Legal Advertisements: The legal advertisement shall be published at least
15 days before each advertised public hearing in a newspaper of general circulation.
The advertisement shall include at a minimum:
a. Date, time, and location of the hearing;
b. Petition number;
c. Extension and total protrusion of the facility;
d. 2 in. x 3 in. map of the project location; and
e. Date by which written comments must be filed with the Zoning Division.
3. Sign: Posted at least 15 days before the first advertised public hearing date. See
Chapter 8 E. of the Administrative Code for sign template .
6
* * * * * * * * * * * * * 7
8
C. Conditional Use (CU) 9
Exhibit A – Administrative Code
37
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C.1 Conditional Use Permit 1
2
* * * * * * * * * * * * * 3
4
Notice for Minor
Conditional Use
petitions
Notification requirements are as follows.
See Chapter 8 of the Administrative Code for additional notice information.
1. NIM: The NIM shall be completed at least 15 days before the advertised public
hearing. The NIM shall be advertised and a mailed written notice shall be given to
property owners in the notification area at least 15 days prior to the NIM meeting.
2. Mailed Notice: Written notice shall be sent to property owners in the notification
area at least 15 days before the advertised Hearing Examiner hearing.
3. Newspaper Legal Advertisements: The legal advertisement shall be published at least
15 days before the advertised Hearing Examiner hearing in a newspaper of general
circulation. The advertisement shall include at a minimum:
a. Date, time, and location of the hearing;
b. Description of the proposed land uses; and
c. 2 in. x 3 in. map of the project location.
4. Sign: Posted at least 15 days before the advertised Hearing Examiner hearing date.
See Chapter 8 E. of the Administrative Code for sign template.
[Please note: If the Minor Conditional Use petition is to be heard before the BZA, the
notice procedures shall be the same as the procedures for all other Conditional Use
petitions listed below.]
Notice for all other
Conditional Use
petitions
Notification requirements are as follows.
See Chapter 8 of the Administrative Code for additional notice information.
1. NIM: The NIM shall be completed at least 15 days before the advertised public
hearing. The NIM shall be advertised and a mailed written notice shall be given to
property owners in the notification area at least 15 days prior to the NIM meeting.
2. Mailed Notice: Written notice shall be sent to property owners in the notification
area at least 15 days before the advertised public hearing.
3. Newspaper Legal Advertisements: The legal advertisement shall be published at least
15 days before each advertised public hearing in a newspaper of general circulation.
The advertisement shall include at a minimum:
a. Date, time, and location of the hearing;
b. Description of the proposed land uses; and
c. 2 in. x 3 in. map of the project location.
4. Sign: Posted at least 15 days before the advertised public hearing date.
See Chapter 8 E. of the Administrative Code for sign template.
5
* * * * * * * * * * * * * 6
7
Exhibit A – Administrative Code
38
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C.2. Conditional Use Extensions 1
2
* * * * * * * * * * * * * 3
4
Notice for Minor
Conditional Use
Extension
petitions and all
other Conditional
Use Extension
petitions
Notification requirements are as follows.
See Chapter 8 of the Administrative Code for additional notice information.
1. Mailed Notice: Written notice shall be sent to property owners in the notification area
at least 15 days before the advertised public hearing.
2. Newspaper Legal Advertisements: The legal advertisement shall be published at least
15 days before each advertised public hearing in a newspaper of general circulation. The
advertisement shall include at a minimum:
a. Date, time, and location of the hearing; and
b. Description of the proposed land uses.
3. Sign: Posted at least 15 days before the advertised Hearing Examiner hearing date.
See Chapter 8 B of the Administrative Code for sign template.
5
* * * * * * * * * * * * * 6
7
C.3. Conditional Use Re-Review 8
9
* * * * * * * * * * * * * 10
11
Notice for Minor
Conditional Use
Re-Review
petitions and for
all other
Conditional Use
Re-Review
petitions
Notification requirements are as follows. See Chapter 8 of the Administrative Code for
additional notice information.
1. Mailed Notice: Written notice shall be sent to property owners in the notification area
at least 15 days before the first advertised public hearing.
2. Newspaper Legal Advertisements: The legal advertisement shall be published at least
15 days before each advertised public hearing in a newspaper of general circulation. The
advertisement shall include at a minimum:
a. Date, time, and location of the hearing; and
b. Description of the proposed land uses.
12
D. Development of Regional Impact (DRI) 13
14
* * * * * * * * * * * * * 15
16
D.2. DRI Abandonment 17
18
* * * * * * * * * * * * * 19
Exhibit A – Administrative Code
39
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1
Notice In accordance with F.S. § 380.06 and the, Florida Administrative Code, and F.S. §
50.0311
2
* * * * * * * * * * * * * 3
4
D.3 DRI Development Order Amendment 5
6
* * * * * * * * * * * * * 7
8
Notice In accordance with F.S. § 380.06 and the, Florida Administrative Code, and F.S. §
50.0311
9
* * * * * * * * * * * * * 10
11
E. Mixed Use Project (MUP) – Public Hearing for use of Bonus Density Pool 12
and/or other Deviations 13
14
* * * * * * * * * * * * * 15
16
Notice Notification requirements are as follows: See Chapter 8 of the Administrative Code for
additional notice information.
1. NIM: The NIM shall be completed at least 15 days before the advertised Planning
Commission hearing. The NIM shall be advertised and a mailed written notice shall be
given to property owners in the notification area at least 15 days prior to the NIM
meeting.
2. Mailed Notice: Written notice shall be sent to property owners in the notification
area at least 15 days before the advertised Planning Commission hearing.
3. Newspaper Legal Advertisements: The legal advertisement shall be published at least
15 days before each advertised public hearing in a newspaper of general circulation.
The advertisement shall include at a minimum:
a. Date, time, and location of the hearing;
b. Description of the proposed land uses; and
c. 2 in. x 3 in. map of the project location for the BCC advertisement.
4. Sign: Posted at least 15 days before the advertised Planning Commission hearing date.
See Chapter 8 E. of the Administrative Code for sign template.
17
* * * * * * * * * * * * * 18
19
F. Parking Exemption – With a Public Hearing 20
21
Exhibit A – Administrative Code
40
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* * * * * * * * * * * * * 1
2
Notice Notification requirements are as follows. See Chapter 8 of the Administrative Code for
additional notice information.
1. Agent Letter: An Agent Letter shall be sent to property owners within 150 feet of the
subject property following the initial staff review comments and prior to the
resubmittal. See Application Contents for review and approval of letter materials.
2. Mailed Notice: Written notice shall be sent to property owners in the notification
area at least 15 days before the first advertised public hearing..
3. Newspaper Legal Advertisements: The legal advertisement shall be published at least
15 days before each advertised public hearing in a newspaper of general circulation.
The advertisement shall include at a minimum:
a. Date, time, and location of the hearing; and
b. Clear explanation of the parking relief sought.
4. Sign: Posted at least 15 days before the first advertised public hearing date. See
Chapter 8 E. of the Administrative Code for sign template.
3
* * * * * * * * * * * * 4
5
G. Planned Unit Developments (PUD) 6
7
G.1 Rezoning to a PUD 8
9
* * * * * * * * * * * * * 10
11
Notice Notification requirements are as follows.
See Chapter 8 of the Administrative Code for additional notice information.
1. NIM: The NIM shall be completed at least 15 days before the advertised Planning
Commission hearing. The NIM shall be advertised and a mailed written notice shall be
given to property owners in the notification area at least 15 days prior to the NIM
meeting.
2. Mailed Notice: Written notice shall be sent to property owners in the notification area
at least 15 days before the advertised Planning Commission hearing.
3. Newspaper Legal Advertisements: The legal advertisement shall be published at least
15 days before each advertised public hearing in a newspaper of general circulation. The
advertisement shall include at a minimum:
a. Date, time, and location of the hearing;
b. Description of the proposed land uses;
c. 2 in. x 3 in. map of the project location; and
d. Name and application number.
Exhibit A – Administrative Code
41
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Inconsistencies LDCA ( 03-18-25 ).docx
4. Sign: Posted at least 15 days before the advertised Planning Commission hearing date.
See Chapter 8 E. of the Administrative Code for sign template.
1
* * * * * * * * * * * * * 2
3
G.2. PUD Amendment 4
5
* * * * * * * * * * * * * 6
7
Notice Notification requirements are as follows:
See Chapter 8 of the Administrative Code for additional notice information.
1. NIM: The NIM shall be completed at least 15 days before the advertised Planning
Commission hearing. The NIM shall be advertised and a mailed written notice shall
be given to property owners in the notification area at least 15 days prior to the
NIM meeting.
2. Mailed Notice: Written notice shall be sent to property owners in the notification
area at least 15 days before the advertised Planning Commission hearing.
3. Newspaper Legal Advertisements: The legal advertisement shall be published at
least 15 days before each advertised public hearing in a newspaper of general
circulation. The advertisement shall include at a minimum:
a. Date, time, and location of the hearing;
b. Description of the proposed land uses; and
c. 2 in. x 3 in. map of the project location for the Planning Commission
advertisement.
4. Sign: Posted at least 15 days before the advertised Planning Commission hearing
date. See Chapter 8 E. of the Administrative Code for sign template .
8
* * * * * * * * * * * * * 9
10
G.3. PUD Insubstantial Change 11
12
* * * * * * * * * * * * * 13
14
Notice Notification requirements are as follows. See Chapter 8 of the Administrative Code for
additional notice information.
1. NIM: A NIM is required, however upon written request by the applicant the Hearing
Examiner has the discretion to waive the NIM after the first set of review comments
have been issued. This NIM waiver is not applicable to matters coming before the
Planning Commission when it is deemed to be the decision maker. If the NIM has
not been waived, it shall be completed at least 15 days before the first advertised
hearing. The NIM shall be advertised and a mailed written notice shall be given to
property owners in the notification area at least 15 days prior to the NIM meeting.
Exhibit A – Administrative Code
42
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Inconsistencies LDCA ( 03-18-25 ).docx
2. Mailed Notice: Written notice shall be sent to property owners in the notification
area at least 15 days before the first advertised hearing.
3. Newspaper Legal Advertisements: The legal advertisement shall be published at
least 15 days before each advertised hearing in a newspaper of general circulation.
The advertisement shall include at a minimum:
a. Date, time, and location of the hearing;
b. Description of the proposed land uses; and
c. 2 in. x 3 in. map of the project location.
4. Sign: Posted at least 15 days before the first advertised hearing date.
See Chapter 8 E. of the Administrative Code for sign template.
1
* * * * * * * * * * * * * 2
3
H. Rezoning – Standard 4
5
* * * * * * * * * * * * * 6
Notice-
Notification requirements are as follows.
See Chapter 8 of the Administrative Code for additional notice information.
1. NIM: The NIM shall be completed at least 15 days before the advertised Planning
Commission hearing. The NIM shall be advertised and a mailed written notice shall be
given to property owners in the notification area at least 15 days prior to the NIM
meeting.
2. Mailed Notice: Written notice shall be sent to property owners in the notification
Area at least 15 days before the advertised Planning Commission hearing.
3. Newspaper Legal Advertisements: The legal advertisement shall be published at least
15 days before each advertised public hearing in a newspaper of general circulation.
The advertisement shall include at a minimum:
a. Date, time, and location of the hearing;
b. Description of the proposed land uses;
c. 2 in. x 3 in. map of the project location;
d. PUD name and ordinance number;
e. Description of rezone; and
f. Description of location.
4. Sign: Posted at least 15 days before the advertised Planning Commission hearing date.
See Chapter 8 E. of the Administrative Code for sign template .
7
* * * * * * * * * * * * * 8
9
I. Sign Variance 10
11
* * * * * * * * * * * * * 12
Exhibit A – Administrative Code
43
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Inconsistencies LDCA ( 03-18-25 ).docx
1
Notice Notification requirements are as follows.
See Chapter 8 of the Administrative Code for additional notice information.
1. Agent Letter: An Agent Letter shall be sent to property owners within 150 feet of the
subject property following the initial staff review comments and prior to the
resubmittal. See Application Contents for review and approval of letter materials.
2. Mailed Notice: Written notice shall be sent to property owners in the notification
area at least 15 days before the first advertised hearing. The mailed notice shall be
sent by the applicant following approval by the Zoning Division.
3. Newspaper Legal Advertisements: The legal advertisement shall be published at least
15 days before each advertised hearing in a newspaper of general circulation. The
advertisement shall include at a minimum:
a. Date, time, and location of the hearing;
b. Description of the proposed land uses; and
c. 2 in. x 3 in. map of the project location.
4. Sign: Posted at least 15 days before the first advertised hearing date. See Chapter
8 E. of the Administrative Code for sign template.
2
* * * * * * * * * * * * * 3
4
J. Variance 5
6
* * * * * * * * * * * * * 7
8
Notice Notification requirements are as follows.
See Chapter 8 of the Administrative Code for additional notice information .
1. Agent Letter: An Agent Letter shall be sent to property owners within 150 feet of the
subject property following the initial staff review comments and prior to the
resubmittal. See Application Contents for review and approval of letter materials.
2. Mailed Notice: Written notice shall be sent to property owners in the notification
area at least 15 days before the first advertised hearing. The mailed notice shall be
sent by the applicant following approval by the Planning and Zoning Division.
3. Newspaper Legal Advertisements: The legal advertisement shall be published at
least 15 days before each advertised hearing in a newspaper of general circulation.
The advertisement shall include at a minimum:
a. Date, time, and location of the hearing;
b. Description of the requested variance; and
c. 2 in. x 3 in. map of the project location.
4. Sign: Posted at least 15 days before the advertised Hearing Examiner hearing date.
See Chapter 8 E. of the Administrative Code for sign template .
9
Exhibit A – Administrative Code
44
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* * * * * * * * * * * * * 1
2
K. Compatibility Design Review 3
4
* * * * * * * * * * * * * 5
6
7
* * * * * * * * * * * * * 8
9
L. Comparable Use Determination 10
11
* * * * * * * * * * * * * 12
13
Notice Notification requirements are as follows.
See Chapter 8 of the Administrative Code for additional notice information.
1. Newspaper Legal Advertisement: At least 15 days before the hearing in a
newspaper of general circulation. The legal advertisement shall include:
a. Date, time, and location of the hearing;
b. Description of the proposed land uses;
c. Application number and project name;
d. PUD name and ordinance number;
e. Proposed permitted use; and
f. Description of location; and.
g. 2 inch x 3 inch map of the project location;
Notice Notification requirements are as follows.
See Chapter 8 of the Administrative Code for additional notice information.
1. Newspaper Legal Advertisements: The legal advertisement shall be published at least
15 days prior to the hearing in a newspaper of general circulation. The advertisement
shall include at a minimum:
a. Date, time, and location of the hearing;
b. Description of the proposed land uses; and
c. 2 in. x 3 in. map of the project location.
2. Mailed Notice: For the purposes of this mailed notice requirement, written notice
shall be sent to property owners located within 1,000 feet from the property line of
the golf course at least 15 days prior to the advertised public hearings.
3. Sign: Posted at least 15 days before the advertised public hearing date.
See Chapter 8 E. of the Administrative Code for sign templat e.
Exhibit A – Administrative Code
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* * * * * * * * * * * * *
# # # # # # # # # # # # #
Collier County Land Development Code | Administrative Procedures Manual
Chapter 4 | Administrative Procedures
Chapter 4. Administrative Procedures 1
2
The permits and approvals listed in this Chapter do not require a public hearing, unless a decision on the permit is 3
appealed. 4
5
* * * * * * * * * * * * * 6
7
G. Official Interpretation of the Land Development Code 8
9
* * * * * * * * * * * * * 10
11
Notice – For
interpretation of
County wide
application of the
GMP and LDC
Notification requirements are as follows. See Chapter 8 of the Administrative Code
for additional notice information.
1. Newspaper Legal Advertisements: Upon issuance of the interpretation, the
County Manager or designee shall provide a legal advertisement that is
published in a newspaper of general circulation. The advertisement shall include
at a minimum:
a. Brief summary of interpretation;
b. Location of affected property; and
c. Appeal time frame.
Notice- For
interpretations
affecting a specific
parcel of land
Notification requirements are as follows.
See Chapter 8 of the Administrative Code for additional notice information.
1. Notification of affected property owner: If an official interpretation has been
requested by an affected party other than the property owner, Collier County
shall notify the property owner that an official interpretation has been
requested.
2. Mailed Notice: Upon issuance of the interpretation, the County Manager or
designee shall provide written notice of the interpretation to property owners
within 300 feet of the property lines of the land for which the interpretation is
requested.
3. Newspaper Legal Advertisements: Upon issuance of the interpretation, the
County Manager or designee shall provide for a legal advertisement that is
published in a newspaper of general circulation. The advertisement shall include
at a minimum:
a. Brief summary of interpretation;
Exhibit A – Administrative Code
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b. Location of affected property;
c. Appeal time frame; and
d. Project Location Map.
1
* * * * * * * * * * * * * 2
3
J.6. Special Events 4
5
* * * * * * * * * * * * * 6
7
Notice 1. Mailed Notice: None required, unless it is an event that requires the temporary use of
the right-of-way of any arterial or collector roadway of which necessitates closing all or
part of the County right-of way between the hours of 7:00 AM through 9:00 AM or 3:30
PM through 6:30 PM. written notice shall be sent 30 days prior to the day of the event, to
property owners, neighborhood associations and business associat ions within one-quarter
mile (2,640 feet) of the County Right-of-Way impacted by the event.
2. Newspaper Legal Advertisement: For the temporary use of right-of-way, a legal
advertisement shall be published at least 30 days before the Hearing Examiner or BCC
public hearing date in a newspaper of general circulation. The advertisement shall include
at a minimum:
a. Clear explanation of the temporary event’s purpose, use of right-of- way and
affect upon the right-of-way between the actual hours of event operations.
b. Date, time, and location of the public hearing.
c. 2 in. x 3 in. map of the event’s location.
* * * * * * * * * * * * * 8
# # # # # # # # # # # # # 9
10
Collier County Land Development Code | Administrative Procedures Manual 11
Chapter 6 | Waivers, Exemptions, and Reductions
12
Chapter 6. Waivers, Exemptions, and Reductions 13
E. Alcohol Beverage Distance Waiver 14
15
* * * * * * * * * * * * * 16
17
Notice Notification requirements are as follows. See Chapter 8 of the Administrative Code for
additional notice information.
Exhibit A – Administrative Code
47
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1. Agent Letter: An Agent Letter shall be sent to property owners within 150 feet of the
subject property following the initial staff review comments and prior to the
resubmittal. See Application Contents for review and approval of letter materials.
2. Newspaper Legal Advertisements: The legal advertisement shall be published at least
15 days before the advertised hearing in a newspaper of general circulation. The
advertisement shall include at a minimum:
a. Date, time, and location of the hearing; and
b. Description of the proposed land uses.
1
* * * * * * * * * * * * * 2
3
G. Facilities with Fuel Pumps Waiver 4
5
* * * * * * * * * * * * * 6
7
Notice Notification requirements are as follows:
See Chapter 8 of the Administrative Code for additional notice information.
1. Agent Letter: An Agent Letter shall be sent to property owners within 150 feet of the
subject property following the initial staff review comments and prior to the
resubmittal. See Application Contents for review and approval of letter materials.
2. Newspaper Legal Advertisements: The legal advertisement shall be published at least
15 days before the advertised hearing in a newspaper of general circulation. The
advertisement shall include at a minimum:
a. Date, time, and location of the hearing; and
b. Description of the proposed land uses.
8
* * * * * * * * * * * * * 9
10
H. Nonconforming Use Change (NUC) 11
12
* * * * * * * * * * * * * 13
14
Notice Notification requirements are as follows:
See Chapter 8 of the Administrative Code for additional notice information.
1. Mailed Notice: Written notice shall be sent to property owners in the notification
area at least 15 days before the first advertised hearing.
2. Newspaper Legal Advertisements: The legal advertisement shall be published at least
15 days before each advertised hearing in a newspaper of general circulation. The
advertisement shall include at a minimum:
a. Date, time, and location of the hearing; and
b. Clear explanation of the nonconforming use change.
Exhibit A – Administrative Code
48
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3. Sign: Posted at least 15 days before the first advertised hearing date.
See Chapter 8.E of the Administrative Code for sign template.
1
* * * * * * * * * * * * * 2
3
I. Site Plan with Deviations for Redevelopment Projects (-DR) 4
5
* * * * * * * * * * * * * 6
7
Notice Notification requirements are as follows. See Chapter 8 of the Administrative Code for
additional notice information.
1. Mailed Notice: Written notice shall be sent to property owners in the notification
area at least 15 days before the first advertised hearing.
2. Newspaper Legal Advertisement: The legal advertisement shall be published at least
15 days before each advertised hearing in a newspaper of general circulation. The
legal advertisement shall include at a minimum:
a. Date, time, and location of the hearing;
b. Application number and project name;
c. 2 in. x 3 in. map of project location;
d. Requested deviations and proposed project enhancements; and
e. Description of location.
8
* * * * * * * * * * * * * 9
10
J. Post Take Plan 11
12
* * * * * * * * * * * * * 13
14
Notice Notification requirements are as follows. See Chapter 8 of the Administrative Code for
additional notice information.
1. Mailed Notice: Written notice shall be sent to property owners in the notification
area within 60 days of the date of the submittal of the application. The mailed notice
shall include the following information:
a. List of requested deviations;
b. A brief narrative with justification for the deviations; and
c. A copy of the Post Take Plan, in either an 11 in. x 17 in. or 8 ½ in. x 11 in.
format.
Exhibit A – Administrative Code
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Additional Notice-
If Written
Objection is
Received
If a written objection is received from an abutting property owner within 30 days from
the date in which the first mailed notice was sent, then the Post Take Plan shall go before
the CCPC or BZA, if appealed.
The notice requirements for the public hearing are as follows:
See Chapter 8 of the Administrative Code for additional notice information.
1. Mailed Notice: Written notice shall be sent to property owners in the notification
area at least 15 days before the first advertised hearing.
a. List of requested deviations;
b. A brief narrative with justification for the deviations; and
c. A copy of the Post Take Plan, in either an 11 in. x 17 in. or 8 ½ in x 11 in.
format.
2. Newspaper Legal Advertisements: The legal advertisement shall be published at least
15 days before the advertised hearing in a newspaper of general circulation. The
advertisement shall include at a minimum:
a. Date, time and location of the hearing;
b. Description of the proposed land uses; and
c. 2 in. x 3 in. map of the project location.
1
* * * * * * * * * * * * * 2
3
M. Deviation Requests for Projects in the Golden Gate Parkway Overlay 4
District (DR-GGPOD) 5
6
* * * * * * * * * * * * 7
8
Notice Notification requirements are as follows. See Chapter 8 of the Administrative Code for
additional notice information.
1. Mailed Notice: Written notice shall be sent to property owners in the notification
area at least 15 days before the first advertised hearing.
2. Newspaper Legal Advertisement: The legal advertisement shall be published at least
15 days before each advertised hearing in a newspaper of general circulation. The legal
advertisement shall include at minimum:
a. Date, time, and location of the hearing;
b. Application number and project name;
c. 2 in. x 3 in. map of project location;
d. Requested deviations and proposed project enhancements; and
e. Description of location
3. Sign: Posted at least 15 days before the first advertised hearing date.
See Chapter 8.E of the Administrative Code for sign template.
Exhibit A – Administrative Code
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1
* * * * * * * * * * * * * 2
3
N. Limited Density Bonus Pool Allocation (LDBPA) 4
5
* * * * * * * * * * * * * 6
7
Notice Notification requirements are as follows:
See Chapter 8 of the Administrative Code for additional notice information.
1. Mailed Notice: Written notice shall be sent to property owners in the notification
area at least 15 days before the first advertised hearing.
2. Newspaper Legal Advertisement: The legal advertisement shall be published at least
15 days before each advertised hearing in a newspaper of general circulation. The
advertisement shall include at a minimum:
a. Date, time, and location of the hearing;
b. Application number and project name;
c. 2 in. x 3 in. map of project location; and
d. Description of location.
* * * * * * * * * * * * * 8
# # # # # # # # # # # # # 9
Collier County Land Development Code | Administrative Procedures Manual 10
Chapter 8 | Public Notice
Chapter 8. Public Notice 11
12
A. Generally 13
14
Many land use decisions in the County require public notice to the general community and/or the 15
surrounding neighborhoods regarding an applicant’s development plans. Each Administrative Code 16
section describes the types of notice required, if any, for a petition or a permit. This section identifies 17
the different types of public notice procedures and specific information necessary to fulfill the notice 18
requirement. 19
20
The following are the types of public notice that may be required: 21
22
1. Neighborhood Information Meeting (NIM) 23
2. Mailed Written Notice 24
3. Newspaper Legal Advertisement 25
Exhibit A – Administrative Code
51
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4. Posting of a Sign 1
5. Stakeholder Outreach Meeting for Golf Course Conversions (SOM) 2
6. Agent Letter 3
4
B. Neighborhood Information Meeting 5
6
* * * * * * * * * * * * * 7
8
Notice
Requirements
The NIM shall be noticed as follows:
1. Mailed Notice: Written notice shall be sent to property owners in notification area
at least 15 days before the NIM meeting.
a. The applicant shall also provide written notice of the NIM to property
owners, condominium, and civic associations whose members may be
affected by the proposed land use change and who have formally requested
the County to be notified. Each mailed notice shall contain the following:
“The purpose and intent of this Neighborhood Information Meeting is to
provide the public with notice of an impending zoning application and to
foster communication between the applicant and the public. The expectation
is that all attendees will conduct themselves in such a manner that their
presence will not interfere with the orderly progress of the meeting.”
2. Newspaper Legal Advertisement: The legal advertisement shall be published at least
15 days before the NIM meeting in a newspaper of general circulation. The
advertisement shall include at a minimum:
a. Date, time, and location of the NIM meeting;
b. Petition name, number and applicant contact info;
c. Purpose of the NIM meeting;
d. Description of the proposed land uses; and
e. 2 in. x 3 in. map of the project location.
Location The applicant must arrange the location of the meeting. To promote increased
participation and convenience to the interested members of the public, all NIMs shall be
conducted at a physical location, to allow for in-person attendance, and virtually, utilizing
videoconferencing technology. The in-person location must be reasonably convenient to
the property owners who receive the required notice. The facilities must be of sufficient
size to accommodate the expected attendance.
Conduct of
Meeting and
Decorum
1. Conduct of Meeting: A Collier County staff planner or designee shall attend the NIM
and record all commitments made by the applicant during the meeting while
remaining neutral and providing clarification regarding the next steps the petition must
follow in the review process, including the anticipated future public hearings that are
associated with the petition. The applicant shall make a presentation of how they
intend to develop the subject property. The applicant is required to record the NIM
proceedings and provide an audible audio/video copy to the Zoning Division, including
a written summary. When video conferencing is used, it must have the capability to
capture the written comments from the attendees. These written comments will be
included in the written summary of the NIM.
Exhibit A – Administrative Code
52
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The applicant must provide the following at the NIM for review and comment,
including but not limited to:
a. The proposed uses and density/intensity of the project;
b. The proposed Master Plan, when applicable; and
c. The current LDC zoning district uses and development regulations.
2. Decorum: The expectation is that all NIM attendees will conduct themselves in such
manner that their presence will not interfere with the orderly progress of the
meeting. For in-person meetings, the applicant is encouraged to provide a licensed
and qualified security detail, which will be at the applicant’s expense. If the applicant
or staff planner determines the NIM cannot be completed due to the disorderly
conduct of the members of the public, the applicant shall have the right to adjourn
the NIM but be required to conduct another duly advertised NIM, either in-person or
via videoconferencing technology, or both, at the applicant’s discretion.
Meeting Follow-
Up
1. After a NIM is completed, the applicant will submit a written summary of the NIM
and any commitments that have been made to the assigned planner. These
commitments will:
a. Become part of the record of the proceedings;
b. Be included in the staff report for any subsequent review and approval
bodies; and
c. Be considered for inclusion in the conditions of approval of any applicable
development order.
2. The County staff planner or designee shall promptly post the written summary and
audio/video recording of the NIM to the County’s website for public inspection.
Updated Resolution 2023-211
1
* * * * * * * * * * * * * 2
3
D. Newspaper Legal Advertisement 4
5
Applicability For applicable land use petitions, the newspaper legal advertisement shall be as follows.
A copy of the newspaper legal advertisement shall be kept available for public inspection
during regular business hours of the Office of Clerk to the Board of County
Commissioners. The notice of proposed enactment shall include where the proposed
ordinance or resolution may be inspected by the public. The notice shall also advise that
interested parties may appear at the meeting and be heard with respect to the proposed
ordinance or resolution.
Placement and
Content
The newspaper legal advertisement shall be published at least 15 days before each
advertised public hearing in a newspaper of general circulation. The advertisement shall
include at a minimum:
a. Date, time, and location of the hearing;
Exhibit A – Administrative Code
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b. Petition name, number and applicant contact info;
c. Description of the proposed land uses; and
d. 2 in. x 3 in. map of the project location, as applicable.
Updated
1
* * * * * * * * * * * * * 2
3
F. Stakeholder Outreach Meeting for Golf Course Conversions (SOM) 4
5
* * * * * * * * * * * * * 6
7
* * * * * * * * * * * * * 8
# # # # # # # # # # # # # 9
SOM Notice
Requirements
Each SOM shall be noticed as follows:
1. Newspaper Legal Advertisements: The legal advertisement shall be published at least
15 days before the SOM in a newspaper of general circulation. The advertisement
shall include at a minimum:
a. Date, time, and location of the SOM;
b. Petition name, number and applicant contact info;
c. Notice of the intention to convert the golf course to a non -golf course use;
d. Brief description of the proposed uses; and
e. 2 in. x 3 in. map of the project location.
2. Mailed Notice: For the purposes of this mailed notice requirement, written notice
shall be sent to property owners located within 1,000 feet from the property line of
the golf course at least 15 days before the first SOM. The mailed notice shall include
the following:
a. Date, time, and location of each SOM included in the mailed notice;
b. Petition name, number and applicant contact info;
c. Notice of the intention to convert the golf course to another use;
d. A brief description of the proposed uses;
e. A statement describing that the applicant is seeking input through a
stakeholder outreach process;
f. The user-friendly web address where the meeting materials, such as the
Developers Alternatives Statement, can be accessed;
g. A brief description of the visual survey and the user-friendly web address
where the survey can be accessed; and
h. The dates that the web-based visual survey will be available online.
Exhibit A – Administrative Code
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Collier County Land Development Code | Administrative Procedures Manual 2
Chapter 13 | Glossary 3
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Chapter 13. Glossary 5
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Addressing
Checklist
An addressing checklist is a form that must be signed by a member of the Addressing Staff.
This form indicates the petition type, the legal description, folio/property identification
number, the street address, location information, and a survey for unplatted properties.
The addressing checklist form can be found on the Collier County website, on the Zoning
and Land Use Application page.
Applicant A person or entity who files an application with the Growth Management Community
Development Department, including their representative or agent.
Applicant Contact
Information
The applicant contact information should include, but not limited to the following:
• Applicant/owner or agent’s:
o Name;
o Address;
o Phone number;
o Email address; and
o The name of the firm where the agent is employed, if applicable.
Architect A natural person who is licensed under F.S. Chapter 481, Part I to engage in the practice of
architecture.
Engineer A person who is licensed to engage in the practice of engineering under F.S. Chapter 471,
and who practices principally in the design and construction of public works or
infrastructure.
Collier County
Code of Laws &
Ordinances
The general codification of the general and permanent ordinances of Collier County,
Florida. The Code of Laws and Ordinances is available online at www.municode.com.
Electronic Copies
of all Documents
An electronic version of all plans and documents, in PDF or Word format, on a CDROM as
part of the submittal package.
Landscape
Architect
A person who holds a license to practice landscape architecture in the State of Florida
under the authority of F.S. Chapter 481, Part II.
Land
Development
Code (LDC)
The Collier County Land Development Code 2004-41. The LDC is available online at
www.municode.com.
Mailed Notice See LDC section 10.03.05 B.
Exhibit A – Administrative Code
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NIM See LDC section 10.03.05 A.
Newspaper Legal
Advertisement
See LDC section 10.03.05 C, and in accordance with F.S. section 125.66 and F.S. section
50.0311.
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Exhibit B – F.S. Chapter 50 – Legal and Official Advertisements
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Inconsistencies LDCA ( 03-18-25 ).docx
Exhibit B – F.S. Chapter 50 – Legal and Official Advertisements
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Inconsistencies LDCA ( 03-18-25 ).docx
Exhibit B – F.S. Chapter 50 – Legal and Official Advertisements
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Inconsistencies LDCA ( 03-18-25 ).docx
Exhibit B – F.S. Chapter 50 – Legal and Official Advertisements
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J:\LDC Amendments\Current Work\Procedural Inconsistencies and Corrections (PL20250000180)\Drafts\DSAC-LDR Procedural
Inconsistencies LDCA ( 03-18-25 ).docx
Exhibit B – F.S. Chapter 50 – Legal and Official Advertisements
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Inconsistencies LDCA ( 03-18-25 ).docx