LDC Amendment Ordinance 2025-38ORDINANCE NO. 2025 — 38
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04-41, AS
AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH
INCLUDES THE COMPREHENSIVE LAND REGULATIONS FOR THE
UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, TO ALLOW
LEGAL NOTICE OF NEIGHBORHOOD INFORMATION MEETINGS BY
PUBLICATION ON THE COUNTY CLERK'S WEBSITE OR A PRINTED
NEWSPAPER, BY PROVIDING FOR: SECTION ONE, RECITALS; SECTION
TWO, FINDINGS OF FACT; SECTION THREE, ADOPTION OF AMENDMENTS
TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING
THE FOLLOWING: CHAPTER TEN — APPLICATION, REVIEW, AND
DECISION-MAKING PROCEDURES, INCLUDING SECTION 10.03.05
REQUIRED METHODS OF PROVIDING PUBLIC NOTICE; SECTION FOUR,
CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE
COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX,
EFFECTIVE DATE. (PL20250000524)
Recitals
WHEREAS, on October 30, 1991, the Collier County Board of County Commissioners
adopted Ordinance No. 91-102, the Collier County Land Development Code (hereinafter LDC),
which was subsequently amended; and
WHEREAS, the Collier County Board of County Commissioners (Board) on June 22,
2004, adopted Ordinance No. 04-41, which repealed and superseded Ordinance No. 91-102, as
amended, the Collier County Land Development Code, which had an effective date of October
18, 2004; and
WHEREAS, on March 18, 1997, the Board adopted Resolution 97-177 establishing local
requirements and procedures for amending the LDC; and
WHEREAS, all requirements of Resolution 97-177 have been met; and
WHEREAS, the Collier County Planning Commission, sitting as the land planning agency,
did hold an advertised public hearing on May 15 2025, and reviewed the proposed
amendments for consistency with the Comprehensive Plan and did recommend approval; and
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WHEREAS, the Board of County Commissioners, in a manner prescribed by law, did hold
an advertised public hearing on September 23 , 2025, and did take action concerning these
amendments to the LDC; and
WHEREAS, the subject amendments to the LDC are hereby determined by this Board to
be consistent with and to implement the Collier County Growth Management Plan as required by
Subsections 163.3194 (1) and 163.3202 (1), Florida Statutes; and
WHEREAS, this ordinance is adopted in compliance with and pursuant to the Community
Planning Act (F.S. § 163.3161 etseq.), and F.S. § 125.01(1)(t) and (1)(w); and
WHEREAS, this ordinance is adopted pursuant to the constitutional and home rule powers
of Fla. Const. Art. VI II, § 1(g); and
WHEREAS, all applicable substantive and procedural requirements of the law have
otherwise been met.
NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier
County, Florida, that:
SECTION ONE:RECITALS
The foregoing Recitals are true and correct and incorporated by reference herein as if fully
set forth.
SECTION TWO: FINDINGS OF FACT
The Board of Commissioners of Collier County, Florida, hereby makes the following
findings of fact:
1. Collier County, pursuant to § 163.3161, et seq., F.S., the Florida Community
Planning Act (herein after the "Act"), is required to prepare and adopt a comprehensive plan.
2. After adoption of the Comprehensive Plan, the Act and in particular§ 163.3202(1),
F.S., mandates that Collier County adopt land development regulations that are consistent with
and implement the adopted comprehensive plan.
3. Section 163.3201, F.S., provides that it is the intent of the Act that the adoption
and enforcement by Collier County of land development regulations for the total unincorporated
area shall be based on, be related to, and be a means of implementation for, the adopted
comprehensive plan.
4. Section 163.3194(1)(b), F.S., requires that all land development regulations
enacted or amended by Collier County be consistent with the adopted comprehensive plan, or
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element or portion thereof, and any land regulations existing at the time of adoption which are not
consistent with the adopted comprehensive plan, or element or portion thereof, shall be amended
so as to be consistent.
5. Section 163.3202(3), F.S., states that the Act shall be construed to encourage the
use of innovative land development regulations.
6. On January 10, 1989, Collier County adopted the Collier County Growth
Management Plan (hereinafter the "Growth Management Plan" or "GMP") as its comprehensive
plan pursuant to the requirements of§ 163.3161 et seq., F.S.
7. Section 163.3194(1)(a), F.S., mandates that after a comprehensive plan, or
element or portion thereof, has been adopted in conformity with the Act, all development
undertaken by, and all actions taken in regard to development orders by, governmental agencies
in regard to land covered by such comprehensive plan or element shall be consistent with such
comprehensive plan or element as adopted.
8. Pursuant to § 163.3194(3)(a), F.S., a development order or land development
regulation shall be consistent with the comprehensive plan if the land uses, densities or
intensities, and other aspects of development are compatible with, and further the objectives,
policies, land uses, densities, or intensities in the comprehensive plan and if it meets all other
criteria enumerated by the local government.
9. Section 163.3194(3)(b), F.S., states that a development approved or undertaken
by a local government shall be consistent with the comprehensive plan if the land uses, densities
or intensities, capacity or size, timing, and other aspects of development are compatible with, and
further the objectives, policies, land uses, densities, or intensities in the comprehensive plan and
if it meets all other criteria enumerated by the local government.
10. On October 30, 1991, Collier County adopted the Collier County Land
Development Code, which became effective on November 13, 1991. The Land Development
Code adopted in Ordinance 91-102 was recodified and superseded by Ordinance 04-41.
11. Collier County finds that the Land Development Code is intended and necessary
to preserve and enhance the present advantages that exist in Collier County; to encourage the
most appropriate use of land, water and resources consistent with the public interest; to overcome
present handicaps; and to deal effectively with future problems that may result from the use and
development of land within the total unincorporated area of Collier County and it is intended that
this Land Development Code preserve, promote, protect and improve the public health, safety,
comfort, good order, appearance, convenience and general welfare of Collier County; to prevent
the overcrowding of land and avoid the undue concentration of population; to facilitate the
adequate and efficient provision of transportation, water, sewerage, schools, parks, recreational
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facilities, housing and other requirements and services; to conserve, develop, utilize and protect
natural resources within the jurisdiction of Collier County; to protect human, environmental, social
and economic resources; and to maintain through orderly growth and development, the character
and stability of present and future land uses and development in Collier County.
12. It is the intent of the Board of County Commissioners of Collier County to
implement the Land Development Code in accordance with the provisions of the Collier County
Comprehensive Plan, Chapter 125, Fla. Stat., and Chapter 163, Fla. Stat., and through these
amendments to the Code.
SECTION THREE: ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE
SUBSECTION 3.A. AMENDMENTS TO SECTION 10.03.05— REQUIRED METHODS OF
PROVIDING PUBLIC NOTICE
Section 10.03.05, Required Methods of Providing Public Notice, of Ordinance 04-41, as amended,
the Collier County Land Development Code, is hereby amended to read as follows:
Section 10.03.05 Required Methods of Providing Public Notice
This section shall establish the required methods of providing public notice. Chapter 8 of the
Administrative Code shall establish the public notice procedures for land use petitions.
A. Neighborhood Information Meeting (NIM). Neighborhood Information Meetings, when
required, shall be held prior to the first public hearing, noticed as follows, and subject to
the Rules of Decorum:
1. Mailed Notice shall be sent prior to the NIM and shall be pursuant to LDC section
10.03.05 B.
2. Newspaper Publication of Legal Advertisement prior to the NIM. Advertisements
for NIMs may be published on the official website of Collier County or in a
newspaper in the manner described in F.S. section 50.011.
3. Rules of Decorum. The purpose and intent of a NIM is to provide the public with
notice of an impending land use petition and to foster communication between the
petitioner and the public. 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 expectation is that all NIM attendees will
conduct themselves in such a manner that their presence will not interfere with the
orderly progress of the meeting. The petitioner is encouraged to provide a licensed
and qualified security detail for in-person meetings, which will be at the petitioner's
expense. If the petitioner or staff determines the NIM cannot be completed due to
the disorderly conduct of the members of the public, the petitioner shall have the
right to adjourn the NIM but be required to conduct another duly advertised NIM,
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either in person or via videoconferencing technology, or both, at the petitioner's
discretion.
B. Mailed Notice.
1. Where required, Mailed Notice shall be sent to property owners in the notification
area as follows:
a. For areas in the urban designated area of the future land use element of
the Growth Management Plan notices shall be sent to all property owners
within 500 feet of the property lines of the subject property.
b. For all other areas, except areas designated in the Rural Golden Gate
Estates Sub-Element or Urban Golden Gate Estates Sub-Elements of the
Golden Gate Area Master Plan, notices shall be sent to all property owners
within 1,000 feet of the property lines of the subject property.
c.For areas designated within the Rural and Urban Golden Gate Estates
Sub-Elements of the Golden Gate Area Master Plan, notices shall be sent
to all property owners within one mile of the subject property lines, except
for Estates (E) zoned variance applications, which shall be 1,000 feet of
the subject property lines.
d. Notices shall also be sent to property owners and condominium and civic
associations whose members may be impacted by the proposed land use
changes and who have formally requested the county to be notified. A list
of such organizations must be provided and maintained by the County, but
the applicant must bear the responsibility of ensuring that all parties are
notified.
2. For the purposes of this requirement, the names and addresses of property owners
shall be deemed those appearing on the latest tax rolls of Collier County. Unless
required by F.S. § 125.66(4), the mailed notice is a courtesy only and is not
jurisdictional. Accordingly, provided a good faith attempt for mailed notice is made,
failure to mail or to timely mail the notice or failure of an affected property owner
to receive mailed notice will not constitute a defect in notice or bar the public
hearing as scheduled.
C. News-pa-per Legal Advertisement.
1. In accordance with F.S. § 125.66-,except 15 days prior to the public hearing.
D. Posting of Signage. Where required, signs shall be posted 15 days prior to the first
advertised public hearing pursuant to the Administrative Code.
E. Agent Letter. Where required, an informational letter shall be sent by the owner or Agent
to property owners within 150 feet of the area covered by the petition following the initial
staff review comments for the petition and prior to the resubmittal of the petition to the
County.
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SECTION FOUR: CONFLICT AND SEVERABILITY
In the event that any provisions of this ordinance should result in an unresolved conflict
with the provisions of the Land Development Code (LDC) or Growth Management Plan (GMP),
the applicable provisions of the LDC or GMP shall prevail. In the event this Ordinance conflicts
with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply.
If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of
competent jurisdiction, such portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the remaining portion.
SECTION FIVE:INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE
The provisions of this Ordinance shall become and be made a part of the Land
Development Code of Collier County, Florida. The sections of the Ordinance may be renumbered
or re-lettered to accomplish such, and the word"ordinance"may be changed to"section,""article,"
or any other appropriate word.
SECTION SIX: EFFECTIVE DATE
This Ordinance shall become effective upon filing with the Florida Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this 23 day of Scpkcn her, 2025.
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ATTEST:
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BOARD OF COUNTY COMMISSIONERS
CRYSTAL EL, CLERK OF COLLIER COUNTY, FLORIDA
By: By:
Attest as C irman's, Deputy Clerk T L. AU RS, Chairman
signature only: .
Approved as to form and legality:
biejo,t(
Heidi F. Ashton-Cicko 7-8-25
Managing Assistant County Attorney This ordinance filed with the
S cr story of tat '5 L)fffice the
04-CMD-01077/day of f5
25-LDS-00345/ (_/ / ) and acknowledgerrerrt f thatfillreiedthisdayof
fry Clark
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FLORI DA DEPARTMENT Of STATE
RON DESANTIS CORD BYRD
Governor Secretary of State
September 25, 2025
Crystal K. Kinzel
Clerk of Court
Collier County
3329 Tamiami Trail E, Suite #401
Naples, FL 34112
Dear Crystal Kinzel,
Pursuant to the provisions of Section 125.66, Florida Statutes,this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 2025-38, which was filed in this office on September 25,
2025.
Sincerely,
Alexandra Leijon
Administrative Code and Register Director
AL
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270