Agenda 10/28/2025 Item #17E (Ordinance, Procedural Inconsistencies LDCA PL20250000180)10/28/2025
Item # 17.E
ID# 2025-4225
Executive Summary
Recommendation to adopt an Ordinance amending the Land Development Code, on procedural changes to rectify and
correct inconsistencies and update advisory boards or agencies’ public hearing reviews for multiple land use petitions
held by the Environmental Advisory Council, Hearing Examiner, Planning Commission, Board of County
Commissioners, or Board of Zoning Appeals. [PL20250000180]
OBJECTIVE: To adopt an Ordinance amending the Collier County Land Development Code for procedural changes to
rectify and correct inconsistencies and update advisory boards or agencies’ public hearing reviews for various land use
petitions held by the Environmental Advisory Council, Hearing Examiner, Planning Commission, Board of County
Commissioners, or Board of Zoning Appeals.
CONSIDERATIONS: 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 “substantial and insubstantial” changes that could correct inconsistencies and ambiguity between the
Land Development Code (LDC) and Administrative Code procedures. On December 12, 2023, the first group of
“insubstantial changes” was adopted by Resolution 2023-211A. This second group of proposed amendments, directed
by the Planning Commission, will ratify procedural changes to the application review requirements and to LDC land use
petitions. They represent staff’s recommendations from prior meetings held over time on or after March 02, 2023, with
the Planning Commission and the Hearing Examiner. Additionally, they will resolve contradictory statements and
inconsistencies with various advisory boards or agencies’ public hearing reviews for different land use petitions.
Corrections are included to update textual and application submittal requirements.
This LDC amendment has a companion Administrative Code amendment for procedural changes to the Administrative
Code.
DSAC RECOMMENDATION: On April 02, 2025, the DSAC unanimously recommended approval of the LDC
amendment, but with the change that expands the different types of Florida design professionals beyond an engineer
who may be qualified to work on streetlighting plans or photometrics, such as a landscape architect. Staff incorporated
this request by editing the Administrative Code, relative to Submittal Credentials for an Insubstantial Change to
Construction Plans (ICPs) and minor Site Development Plan change (SDPI), to indicate that submittals “… be prepared
by a licensed professional in the State of Florida qualified to design the proposed change and willing to take on the
liability.” This change would occur, under the Application Contents subsection to Chapter 4.I.5 and Chapter 5.E.2 of
the Administrative Code as follows: “For streetlighting design changes, the submittal shall be prepared by a license
professional in the State of Florida qualified to take on the liability for the proposed design change.”
CCPC RECOMMENDATION: The Collier County Planning Commission (CCPC) reviewed the LDC amendment on
September 18, 2025 and unanimously recommended approval with the condition the LDC and Administrative Code
state in Chapter 5 E.1., “…streetlight plans shall be signed and sealed by a professional engineer registered in the State
of Florida.” The presentation material will include the proposed edits to the companion Collier County Administrative
Code for Land Development.
This item is consistent with the Collier County strategic plan's objective for community development, which is to
implement prudent, inclusive policy development through effective planning for transportation, land use, and growth
management.
FISCAL IMPACT: There are no anticipated fiscal impacts to Collier County, except for the costs associated with
processing and advertising the proposed LDC amendment, estimated at $50.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this action.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires an affirmative vote of four
for Board adoption. -HFAC
Page 3270 of 3380
10/28/2025
Item # 17.E
ID# 2025-4225
RECOMMENDATIONS: To adopt an Ordinance amending the Collier County Land Development Code for
procedural changes to rectify and correct inconsistencies and update advisory boards or agencies’ public hearing reviews
for various land use petitions held by the Environmental Advisory Council, Hearing Examiner, Planning Commission,
Board of County Commissioners, or Board of Zoning Appeals.
PREPARED BY: Richard Henderlong, Planner III, Zoning Division
ATTACHMENTS:
1. PL20250000180 Procedural Inconsistencies - BCC (09-26-2025)
2. legal ad - agenda ID 25-4225 - Procedural Inconsistencies LDCA (PL20250000180) - 10-28-25 BCC
3. Business Impact Estimate - agenda ID 25-4225 - Procedural Inconsistencies LDCA (PL20250000180) - 10-28-25 BCC
4. Ordinance - procedural inconsistencies LDCA-PL20250000180 - 9.30.25
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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 10/28/2025 1.08.02
2.03.07
4.02.16
4.05.02
4.08.06
5.03.06
5.04.08
6.06.03
8.10.00
9.02.06
9.03.02
9.03.03
9.03.07
9.04.06
10.02.03
10.02.04
10.02.05
10.02.06
10.02.11
10.02.13
10.02.15
10.03.06
10.04.04
10.08.00
Definitions
Overlay Zoning Districts
Design Standards for Development in the Bayshore Gateway
Triangle Community Redevelopment Area.
Design Standards
SSA Designation
Dock Facilities
Film Permit
Streetlights
Hearing Examiner
Required Notices for Vested Rights Determination Process,
Including Public Hearings
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
Submittal of Streetlight Plans
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 09/18/2025
DSAC 04/02/2025
DSAC-LDR 03/18/2025
ADVISORY BOARD RECOMMENDATIONS
DSAC-LDR
Approval with recommendations
DSAC
Approval with recommendations
CCPC
Approval with recommendation
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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
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 were 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).
• 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, LDBPA, 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
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matter is located.
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 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,
which 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)).
Exhibit C lists the public hearing requirements by petition type as heard by the Board, BZA, CCPC and HEX.
DSAC-LDR Subcommittee Recommendations: On March 18, 2025, the subcommittee recommended approval
with the following changes and considerations:
1) Clarify if a PUD minor text change is heard by HEX or approved by staff.
2) Modify the comparable use definition to state it is “A process, in accordance with LDC section 10.03.06,
to determine whether a use not specifically identified within a conventional zoning district, overlay or PUD
ordinance is comparable, compatible, and consistent with the list of uses…”
3) In LDC section 10.02.13 E.1, check if it is necessary to state a new PUD is a substantial change and repeals
an older PUD.
4) After reviewing DSAC discussion of Insubstatial Construction Plan (ICP) submittals, in Chapter 5.E.2 of
the administrative code consider adding a Landscape Architect as a licensed professional to sign ICPs when
related to landscaping and irrigation under the Application Content subjection of the code.
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5) Add back the word “raised” on line 48 of the Remand of Development Order to read “… or technical land
use issue raised during the hearing.”
6) Throughout LDC section 10.03.06 Public Notice procedures, check the applicable citation of F.S. 50.0311
versus 50.011.
7) Correct the misspelling of the word “Variances” in the Type III chart of LDC section 10.04.04.
The aforementioned items 1, 2, 5, 6, and 7 have been addressed within the revised draft. Staff agrees that Item 3
be deleted for the reason the County Attorney’s Office can obligate when an older PUD ordinance should
become a new PUD ordinance. Lastly, item 4 must be voted upon by DSAC before staff can proceed to amend
Chapter 5.E.2 of the Administrative Code.
DSAC Recommendations: On April 02, 2025, DSAC recommended, by unanimous approval, staff’s changes and
to add in the Administrative Code, relative to Submittal Credentials for an Insubstantial Change to Construction
Plans (ICPs) and minor Site Development Plan change (SDPI), that submittals “… be prepared by a licensed
professional in the State of Florida qualified to design the proposed change and willing to take on the liability.”
This change would occur, under the Application Contents subsection to Chapter 4.I.5 and Chapter 5.E.2 of the
Administrative Code as follows: “For streetlighting design changes, the submittal shall be prepared by a license
professional in the State of Florida qualified to take on the liability for the proposed design change.”
After DSAC’s meeting, staff reviewed the Florida State Regulation of Professions and Occupations, Chapter
481.303 F. S., Part II for Landscape Architecture and found it does not specially authorize streetlighting plans or
photometrics as a professional service for Landscape Architecture. However, the Board of Professional Engineers,
by F.A.C. 61G15-33.004: Responsibility Rules of Professional Engineers Concerning the Design of Electrical
Systems, does address the Design of Lighting Systems and more specifically “F.A.C. 61G15-33.010 Certification
of Electrical Systems of Public Interest”. The Certification of Electrical System requires the following; “(1) The
Engineer of Record shall when required by applicable codes or ordinances, demonstrate verification of
compliance; (2) The verification of compliance must include the following information, if applicable to the
particular project: (a) energy efficiency, conservation tabulations, statements or calculations, (b) Lighting
performance criteria included in the design that show illuminated levels, intrusion, trespass, dark sky, safety or
that show/preserve natural habitat tendencies, (c) Lighting, sound pressure, or other product or installation
specifications that indicate conformance with community, county, or state standards, codes or ordinances, and (3)
Any such verification shall constitute an Engineering Certification as that term is defined in 61G15-18.011(4),
F.A.C., and must comply with all Responsibility Rules, including Rule 61G15-29.001, F.A.C.”
Staff prefers to amend all related LDC and Administrative Code sections by adding the term “professional
engineer” to an existing Electrical Engineer certification requirement. Pursuant to 61G15-33.002. F.A.C:” An
Engineer of Record for the Electrical System is a Florida Professional Engineer who develops the electrical system
design criteria or performs the analysis and is responsible for the preparation of the Electrical Documents for the
project.” If the Planning Commission approves staff’s or DSAC’s recommendation, it will entail various LDC
sections to be amended as follows (see text in blue italics):
• LDC section 6.06.03 D.1. “Where streetlights are to be installed on private streets, the developer, through
a professional or electrical engineer registered in the State of Florida…;”
• LDC section 10.02.04 B 2.e. iv. Improvements for Construction Plans and Final Subdivision Plats (PPLs),
“Street lighting. Plans for streetlights…shall be designed by the applicant’s a professional engineer.”;
and
• LDC section 10.02.11 A. Streetlights. “All street lighting plans shall be prepared by an professional or
electrical engineer.”.
The Administrative Code would accordingly be amended:
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• Chapter 5 E.1. In this subsection, Requirements for Construction Plans, the change to the 3rd sentence
would be: “The streetlight plans shall be signed and sealed by an irrigation designer or landscape
architect a professional or electrical engineer registered in the State of Florida.”.
• Chapter 5 E.2. In this subsection, Insubstantial Change to Construction Plans (ICP), the text would
remain the same as follows: “Submittal Credentials: Construction plans for all of the improvements
required shall be signed and sealed by the applicant’s professional engineer licensed to practice in the
State of Florida.”.
• CCPC Recommendations: On September 18, 2025, the Planning Commission unanimously
recommended approval with the condition the Administrative Code state in Chapter 5 E.1., “…streetlight
plans shall be signed and sealed by a professional engineer registered in the State of Florida.”, since an
electrical engineer is a professional engineer. The recommendation has been incorporated with the
amendment.
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 C) Public Hearing Requirements by Petition Type
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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 whether a use for a site specific location that is not expressly listed within a 7
conventional zoning district, overlay, or PUD ordinance is comparable in nature and consistent 8
with the list of identified permitted uses in a conventional zoning district, overlay, or PUD 9
ordinance. 10
11
* * * * * * * * * * * * * 12
# # # # # # # # # # # # # 13
14
4.02.16 – Design Standards for Development in the Bayshore Gateway Triangle Community 15
Redevelopment Area 16
17
* * * * * * * * * * * * * 18
19
C. Additional Standards for Specific Uses. Certain uses may be established, constructed, 20
continued, and/or expanded provided they meet certain mitigating standards specific to 21
their design and/or operation. These conditions ensure compatibility between land uses 22
and building types and minimize adverse impacts to surrounding properties. 23
24
* * * * * * * * * * * * * 25
26
13. Limited Density Bonus Pool Allocation (LDBPA) for multi-family or mixed use 27
developments on two contiguous acres or less. 28
29
* * * * * * * * * * * * * 30
31
c. Public notice. Public notice, notice to property owners, and an advertised 32
public hearing, is required and shall be provided in accordance with the 33
applicable provisions of LDC section 10.03.06 R. and Chapter 6 of the 34
Administrative Code. 35
36
d. Evaluation criteria. The application shall be reviewed by the Hearing 37
Examiner, or CCPC, if the Hearing Examiner has a conflict, then by the 38
Planning Commission for compliance with the following standards of 39
approval: 40
41
i. The proposed development is consistent with the GMP. 42
43
ii. The development shall have a beneficial effect upon the 44
neighborhood and advance a Goal, Objective, or Strategy of the 45
adopted Bayshore Gateway Triangle Community Redevelopment 46
Plan. 47
48
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iii. Internal driveways, utilities, drainage facilities, recreation areas, 1
building heights, yards, architectural features, vehicular parking, 2
loading facilities, sight distances, landscaping and buffers shall be 3
adequate for the particular use involved. 4
5
iv. Vehicular access to the project shall not be gated. 6
7
v. The petition has provided compatibility enhancements by 8
exceeding minimum buffer requirements or incorporating 9
streetscape enhancements. 10
11
vi. Compliance with the public realm improvement requirements in 12
LDC section 4.02.16 C.15. 13
14
* * * * * * * * * * * * * 15
# # # # # # # # # # # # # 16
17
2.03.07 - Overlay Zoning Districts 18
19
* * * * * * * * * * * * * 20
21
E. Historical and Archaeological Sites (H). It is the intent of these regulations to recognize 22
the importance and significance of the County's historical and archaeological heritage. To 23
that end, it is the county's intent to protect, preserve, and perpetuate the County's historic 24
and archaeological sites, districts, structures, buildings, and properties. Further, the BCC, 25
finds that these regulations are necessary to protect the public interest, to halt illicit digging 26
or excavation activities which could result in the destruction of prehistoric and historic 27
archaeological sites, and to regulate the use of land in a manner which affords the 28
maximum protection to historical and archaeological sites, districts, structures, buildings, 29
and properties consistent with individual property rights. It is not the intent of this LDC to 30
deny anyone the use of his property, but rather to regulate the use of such property in a 31
manner which will ensure, to the greatest degree possible, that historic and archaeological 32
sites, districts, structures, buildings, and properties are protected from damage, 33
destruction, relocations, or exportations. 34
35
* * * * * * * * * * * * * 36
37
2. Applicability during development review process; county projects; agriculture; 38
waiver request. 39
40
* * * * * * * * * * * * * 41
42
q. The designation of specific sites, structures, buildings, districts, and 43
properties may be initiated by the preservation board or by the property 44
owner. Upon consideration of the preservation board's report, findings, and 45
recommendations and upon consideration of the criteria and guidelines set 46
forth in section 203.07 E, the Board of County Commissioners shall 47
approve, by resolution, or deny a petition for historic designation. The 48
application shall be in a form provided by the County Manager or designee. 49
Property owners of record whose land is under consideration for 50
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designation initiated by the preservation board shall be provided two 1
notices by certified mail return receipt requested, at least 30 days but no 2
more than 45 days prior to any hearing regarding the historic designation 3
by the preservation board or the board of county commissioners. The first 4
notice shall provide all pertinent information regarding the designation and 5
the preservation board's scheduled meeting date to consider the site. The 6
second notice shall indicate when the board of county commissioners will 7
consider official designation of the site. Notice of public hearing shall be 8
legally advertised in a newspaper of general circulation 15 days prior to the 9
public hearing for the Board of County Commissioners. Each designated 10
site, district, structure, property or building shall have a data file maintained 11
by the preservation board. The file shall contain at a minimum: site location; 12
the historical, cultural, or archaeological significance of the site; and the 13
specific criteria from this section qualifying the site. An official listing of all 14
sites and properties throughout Collier County that reflect the prehistoric 15
occupation and historical development of Collier County and its 16
communities, including information, maps, documents and photographic 17
evidence collected to evaluate or substantiate the designation of a 18
particular site, structure, building, property or district shall be maintained at 19
the Collier County Museum. The Collier County Museum shall coordinate 20
preservation and or restoration efforts for any historical/archaeological 21
designated building, structure, site, property, or district that is donated to or 22
acquired by Collier County for public use. 23
24
* * * * * * * * * * * * * 25
26
# # # # # # # # # # # # # 27
28
4.05.02 – Design Standards 29
30
* * * * * * * * * * * * * 31
32
K. Exemptions to locational requirements. 33
34
* * * * * * * * * * * * * 35
36
3. Parking exemption. 37
38
a. The Hearing Examiner, or BZA, after review and recommendation by the 39
pPlanning cCommission, may approve a parking exemption under the 40
following circumstances: 41
42
* * * * * * * * * * * * * 43
44
b. The Hearing Examiner, or pPlanning cCommission and the BZA shall 45
consider the following criteria for the approval of a parking exemption: 46
47
* * * * * * * * * * * * * 48
# # # # # # # # # # # # # 49
50
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4.08.06 - SSA Designation 1
2
* * * * * * * * * * * * * 3
4
E. SSA Application Approval Process. 5
6
1. Public Hearing. The BCC shall hold an advertised public hearing on the proposed 7
resolution approving an SSA Application and SSA Credit Agreement. Notice of the 8
Board's intention to consider the Application and proposed SSA Credit Agreement 9
shall be given at least fifteen (15) days prior to said hearing by legal advertisement 10
publication in a newspaper of general circulation in the County. A copy of such 11
notice shall be kept available for public inspection during regular business hours 12
of the Office of Clerk to the BCC. The notice of proposed hearing shall state the 13
date, time and place of the meeting, the title of the proposed resolution, and the 14
place or places within the County where the proposed resolution and agreement 15
may be inspected by the public. The notice shall provide a general description and 16
a map or sketch of the affected land and shall advise that interested parties may 17
appear at the meeting and be heard with respect to the proposed resolution. The 18
BCC shall review the staff report and recommendations and, if it finds that all 19
requirements for designation have been met, shall, by resolution, approve the 20
application. If it finds that one or more of the requirements for designation have not 21
been met, it shall either deny the application or approve it with conditions 22
mandating compliance with all unmet requirements. Approval of such resolution 23
shall require a majority vote by the BCC. 24
25
* * * * * * * * * * * * * 26
# # # # # # # # # # # # # 27
28
5.03.06 – Dock Facilities 29
30
* * * * * * * * * * * * * 31
32
F. Standards for boathouses. Boathouses, including any roofed structure built on a dock, 33
shall be reviewed by the Planning Commission Hearing Examiner, or if Hearing Examiner 34
has a conflict, then by the Planning Commission according to the following criteria, all of 35
which must be met in order for the Hearing Examiner or Planning Commission to approve 36
the request: 37
38
* * * * * * * * * * * * * 39
40
G. Standards for boat lift canopies. 41
42
* * * * * * * * * * * * * 43
44
3. If an applicant wishes to construct a boat lift canopy that does not meet the 45
standards of subsection 5.03.06 G. above, then a petition for a boat lift canopy 46
deviation may be made to the Hearing Examiner, or if the Hearing Examiner has 47
a conflict, then by the Planning Commission which shall review a sufficient 48
petition application and either approve or deny the request. 49
50
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H. Dock facility extension. Additional protrusion of a dock facility into any waterway beyond 1
the limits established in LDC subsection 5.03.06 E. may be considered appropriate under 2
certain circumstances. In order for the Hearing Examiner, or if the Hearing Examiner has 3
a conflict, then by the Planning Commission to approve the boat dock extension request, 4
it must be determined that at least 4 of the 5 primary criteria, and at least 4 of the 6 5
secondary criteria, have been met. These criteria are as follows: 6
7
* * * * * * * * * * * * * 8
9
2. Secondary criteria: 10
11
* * * * * * * * * * * * * 12
13
g. If deemed necessary based upon review of the above criteria, the Hearing 14
Examiner or Planning Commission may impose such conditions upon the 15
approval of an extension request that it deems necessary to accomplish 16
the purposes of this Code and to protect the safety and welfare of the 17
public. Such conditions may include, but shall not be limited to, greater side 18
setback(s), and provision of light(s), additional reflectors, or reflectors 19
larger than four (4) inches. 20
21
* * * * * * * * * * * * * 22
# # # # # # # # # # # # # 23
24
5.04.08 Film Permit 25
26
* * * * * * * * * * * * * 27
28
F. Issuance of Permit. Upon presentation of the completed application, proof of insurance, 29
payment of permit fee, surety bond or cash payment in lieu of the bond and review by the 30
County Manager or designee, the permit may be issued. If the County Manager or 31
designee determines that the use of public or private property could affect the public's use 32
of the property, or have potential adverse impacts on surrounding properties, then the 33
County Manager or designee may require that the permit application be scheduled for a 34
public hearing before the Board of County Commissioners. The special circumstances 35
could include, but are not limited to, closure of a public street or accessway; use of special 36
effects, including incendiary or explosive devices; a large production crew or crowd 37
control; and increased liability insurance required. The notice for the public hearing shall 38
be legally advertised in a newspaper of general circulation in the county at least 1 one 39
time 15 days prior to the hearing. 40
41
* * * * * * * * * * * * * 42
# # # # # # # # # # # # # 43
44
6.06.03 - Streetlights 45
46
* * * * * * * * * * * * * 47
48
D. Wherever, in the opinion of the County Manager or designee, based on an 49
engineer's determination, a dangerous condition is created by sharp curves, 50
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irregularities in street alignment, or other similar circumstances, additional lights 1
may be required. Streetlights and mounting poles shall be wired for underground 2
service. All conduits and casing to be placed under the roadway required for the 3
lights must be installed during each construction phase prior to roadway subbase 4
completion. Streetlights shall be designed and installed in either of 2 ways: 5
6
1. Where streetlights are to be installed on private streets, the developer, 7
through an electrical a professional engineer registered in the State of 8
Florida, shall design and install the street lighting system subject to the 9
approval of the County Manager or designee. Upon completion of the 10
streetlights, they shall be owned, operated, and maintained by the property 11
owners' association, a condominium association, cooperative association, 12
or other similar entity, or the public utility furnishing the electric service. 13
14
* * * * * * * * * * * * * 15
# # # # # # # # # # # # # 16
17
8.10.00 – HEARING EXAMINER 18
19
A. Establishment and Powers. The Board of County Commissioners established the office of 20
the Hearing Examiner by County Ord. No. 2013-25, as it may be amended from time to 21
time, with the powers and duties set forth therein. 22
23
B. Role on Planning Commission. The Hearing Examiner may sit as a member of the Collier 24
County Planning Commission as long as the Planning Commission serves solely in an 25
advisory body capacity to the Board of County Commissioners. While a Hearing 26
Examiner is employed by the County, a All powers and duties expressly granted to the 27
Hearing Examiner, either through the Collier County Hearing Examiner Ordinance (No. 28
2013-25, as may be amended) or through future resolutions, preempt the Collier County 29
Planning Commission, or the Board of Zoning Appeals, as the case may be, with respect 30
to the established procedures set forth in the Collier County Land Development Code. 31
32
Remand of Development Order. The Board of County Commissioners, by majority vote 33
may remand any advertised public hearing involving a development order to the Hearing 34
Examiner for the sole purpose of opining on a legal or technical land use issue raised 35
during the hearing. The Hearing Examiner will issue a non-binding recommendation to the 36
Board with respect to the issue remanded, which recommendation shall become part of 37
the record when the matter is again heard by the Board. 38
39
* * * * * * * * * * * * * 40
# # # # # # # # # # # # # 41
42
9.02.06 – Required Notices for Vested Rights Determination Process, Including Public 43
Hearings 44
45
* * * * * * * * * * * * * 46
B. Public notice for vested rights determination hearings held pursuant to section 9.02.04. or 47
section 9.02.08. must be provided by legal advertisement publication at least one time in 48
a newspaper of general circulation at least fifteen (15) days in advance of any public 49
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hearing stating the time, place, purpose of such hearing, including a brief statement of the 1
nature of the claim. 2
3
* * * * * * * * * * * * * 4
# # # # # # # # # # # # # 5
6
9.03.02 – Requirements for Continuation of Nonconformities 7
8
Where, at the effective date of adoption or relevant amendment of the LDC, lawful use of lands 9
or waters exists which would not be permitted under the LDC, the use may be continued, so long 10
as it remains otherwise lawful, provided: 11
12
* * * * * * * * * * * * * 13
14
D. Change in use. If no structural alterations are made, any nonconforming use of a 15
structure, or of a structure and premises in combination may be changed to another 16
nonconforming use of the same character, or to a more restricted nonconforming use, 17
provided the Hearing Examiner, or bBoard of zZoning aAppeals after CCPC 18
recommendation, upon application to the County Manager or designee, shall find after 19
public notice and hearing that the proposed use is equally or more appropriate to the 20
district than the existing nonconforming use and that the relation of the structure to 21
surrounding properties is such that adverse effect on occupants and neighboring 22
properties will not be greater than if the existing nonconforming use is continued. In 23
permitting such change, the Hearing Examiner, or bBoard of zZoning aAppeals after 24
CCPC recommendation, may require appropriate conditions and safeguards in 25
accordance with the 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
continuous residential use thereafter, may be altered, expanded, or replaced 46
upon recommendation of the Hearing Examiner or Collier County Planning 47
Commission and approval of the Board of Zoning Appeals after CCPC 48
recommendation, by resolution. 49
50
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5. Notwithstanding the foregoing restrictions as to reconstruction, any residential 1
structure or structures in any residential zone district may be rebuilt after 2
destruction to the prior extent, height and density of units per acre regardless of 3
the percentage of destruction, subject to compliance with the applicable building 4
code requirements in effect at the time of redevelopment. In the event of such 5
rebuilding, all setbacks and other applicable district requirements shall be met 6
unless a variance therefore is obtained from the Board of Zoning Appeals. For the 7
purpose of this section, a hotel, motel, or boatel shall be considered to be a 8
residential structure. Since the size and nature of the alteration, expansion or 9
replacement of such nonconforming structures may vary widely, a site plan, and if 10
applicable, preliminary building plans indicating the proposed alteration, expansion 11
or replacement shall be presented with each petition. Prior to granting such 12
alteration, expansion or replacement of a nonconforming single-family dwelling, 13
duplex or mobile home, the Hearing Examiner or Planning Commission and the 14
BCC Board of Zoning Appeals after CCPC recommendation shall consider and 15
base its approval on the following standards and criteria: 16
17
* * * * * * * * * * * * * 18
# # # # # # # # # # # # # 19
20
9.03.07 – Nonconformities Created or Increased by Public Acquisition 21
22
* * * * * * * * * * * * * 23
24
D. Post Take Plan. This section addresses the development, review and approval of post-25
take cure plans for remainder properties to mitigate and/or eliminate the negative and 26
potentially costly impacts resulting from the taking of a property for public purposes. In 27
such cases, it may be determined to be in the public interest to allow some deviations from 28
applicable LDC or PUD provisions, or Conditional Use requirements, in order to 29
accommodate site modifications and/or enhancements, designed to cure, remedy, 30
mitigate, minimize or resolve otherwise negative site impacts resultant from public 31
acquisition. 32
33
* * * * * * * * * * * * * 34
35
4. Approval Criteria and Process. 36
37
a. If no written objection is received within 30 days of the date of mailing of 38
the notice, the Post Take Plan is deemed approved. 39
40
b. If an abutting property owner who receives a notice submits a written 41
objection to Collier County within 30 days of the date of mailing of notice, 42
the matter shall be scheduled for public hearing before the Collier County 43
Planning Commission (CCPC) Hearing Examiner (HEX), or if the Hearing 44
Examiner has a conflict, then by the Planning Commission. In such cases, 45
the Board of County Commissioners delegates the authority to review 46
the Post Take Plan to the CCPC HEX and includes this review as part of 47
the CCPC HEX powers and duties under the Collier County Code of Laws 48
and Ordinances section 2-1156 - 2-1164 Chapter 2, Article III, Division 3, 49
Section 2-87. Public notice for the hearing shall comply with LDC section 50
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10.03.05 C, as may be applicable, and shall specifically note the location 1
of the property and the requested deviations. The HEX or CCPC, in 2
considering whether to approve, approve with conditions, or deny the 3
proposed Post Take Plan, shall consider the following: 4
5
i. Whether the deviation is the minimum amount necessary to 6
mitigate for the impacts of the acquisition, while still protecting the 7
public health, safety, and welfare; and 8
9
ii. Whether the County or property owner has or will mitigate for 10
impacts from the requested deviation(s) on neighboring properties 11
by maintaining or enhancing compatibility through various 12
measures, including but not limited to the installation of additional 13
landscape plantings or the installation of fences or walls; and 14
15
iii. Whether the requested deviations are consistent with and further 16
applicable policies of the GMP and the requirements of the LDC, 17
PUD, or Conditional Use, as may be applicable . 18
19
5. Within 30 days of approval, approval with conditions, or denial of a Post Take Plan 20
by the HEX or CCPC, the applicant, affected property owner, or abutting property 21
owner may appeal the decision to the Board of Zoning Appeals. For the purposes 22
of this section, an aggrieved or adversely affected party is defined as any person 23
or group of persons which will suffer an adverse effect to any interest protected or 24
furthered by the Collier County Growth Management Plan, Land Development 25
Code, or building code(s). If an appeal is filed by an abutting property owner, and 26
said appeal is successful, Collier County shall reimburse said appellant for the 27
appeal application fee and any associated advertising costs. 28
29
* * * * * * * * * * * * * 30
# # # # # # # # # # # # # 31
32
9.04.06 – Specific Requirements for Variance to the Coastal Construction Setback Line 33
34
* * * * * * * * * * * * * 35
36
B. Setback lines established under this LDC shall be reviewed upon petition of affected 37
riparian upland owners. The Hearing Examiner or BZA BCC of Collier County shall 38
decide, after due public notice and hearing, whether a change in the setback line is 39
justified, and shall notify the petitioner in writing. The present setback lines are 40
presumed to be correct, and no change in setback lines are presumed to be correct, and 41
no change in setback lines shall be made except upon an affirmative showing by 42
petitioner that any construction line established hereunder is a minimum of 150 feet 43
landward of the mean high-water line or seventy-five (75) feet landward of the vegetation 44
line whichever is greater; and that considering ground elevations in relation to historical 45
storm and hurricane tides, predicted maximum wave uprush, beach and offshore ground 46
contours, the vegetation line, erosion trends, the dune or bluff line, if any exist, and 47
existing upland development, that the general public health and welfare are preserved, 48
upland properties protected, and beach and sand dune erosion controlled. 49
50
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* * * * * * * * * * * * * 1
2
G. Procedures for obtaining variance. 3
4
* * * * * * * * * * * * * 5
6
2. Notice and public hearing for coastal construction setback line variances. An 7
application for coastal construction setback line (CCSL) variance shall be 8
considered by the Hearing Examiner or BZA BCC pursuant to the following public 9
notice and hearing requirements. 10
11
a. The applicant shall post a sign at least 45 days prior to the date of the public 12
hearing by the Hearing Examiner or BZA BCC. The sign shall contain 13
substantially the following language and the sign copy shall utilize the total 14
area of the sign: 15
16
PUBLIC HEARING REQUESTING 17
CCSL VARIANCE APPROVAL (both to contain the following information:) 18
TO PERMIT: (Sufficiently clear to describe the type of variance requested). 19
20
DATE: _______ 21
22
TIME: _______ 23
24
TO BE HELD IN HEARING EXAMINER or BOARD OF COUNTY 25
COMMISSIONERS MEETING ROOM, COLLIER COUNTY 26
GOVERNMENT CENTER. 27
28
* * * * * * * * * * * * * 29
30
d. In the case of sign(s) located on a property one acre or more in size, the 31
applicant shall be responsible for erecting the required sign(s). The sign(s) 32
shall be erected in full view of the public on each street upon which the 33
subject property has frontage and on the side of the property visible from 34
the beach. Where the subject property is landlocked, or for some other 35
reason the sign(s) cannot be posted directly on the property, then the 36
sign(s) shall be erected along the nearest street right-of-way, with an 37
attached notation indicating generally the distance and direction to the 38
subject property. There shall be at least one sign on each external 39
boundary which fronts upon a street, however, in the case of external 40
boundaries along a street with greater frontages than 1,320 linear feet, 41
signs shall be placed equidistant from one another with a maximum 42
spacing of 1,000 linear feet, except that in no case shall the number of 43
signs along an exterior boundary fronting on a street exceed four signs. 44
The applicant shall provide evidence to the County Manager or designee 45
that the sign(s) were erected by furnishing photographs of the sign(s) 46
showing the date of their erection at least ten days prior to the scheduled 47
public hearing by the BCC. The sign(s) shall remain in place until the date 48
of either of the following occurrences: 49
50
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1. Final action is taken by the Hearing Examiner or BZA BCC; or 1
2
2. The receipt of a written request by the County Manager or designee 3
from the applicant to either withdraw or continue the petition 4
indefinitely. 5
6
e. Notice of the time and place of the public hearing by the BCC Hearing 7
Examiner or BZA shall be legally advertised in a newspaper of general 8
circulation in the county at least one time and at least 15 days prior to the 9
public hearing. Where applicable, the notice shall clearly describe the 10
proposed variance. The advertisement shall also include a location map 11
that identifies the approximate geographic location of the subject property. 12
13
f. The BCC Hearing Examiner or BZA shall hold one advertised public 14
hearing on the proposed variance and may, upon the conclusion of the 15
hearing, immediately adopt the resolution approving the variance. 16
17
3. The BCC Hearing Examiner or BZA shall notify petitioner in writing of its decision 18
within 15 days of the public hearing. 19
20
4. Any person aggrieved by a decision of the BCC Hearing Examiner or BZA granting 21
or denying a variance may apply to the circuit court of the circuit in which the 22
property is located for judicial relief within 30 days after rendition of the decision by 23
the BCC Hearing Examiner or BZA. Review in the circuit court shall be by petition 24
for a writ of certiorari and shall be governed by the Florida Appellate Rules. 25
26
* * * * * * * * * * * * * 27
# # # # # # # # # # # # # 28
29
10.02.03 – Requirements for Site Development, Site Improvement Plans and Amendments 30
thereof 31
32
* * * * * * * * * * * * * 33
34
I. Electronic data requirements for site development plans, site improvement plans, and 35
amendments thereof. After the final site plan has been approved by the County Manager 36
or designee During the review process for compliance with the LDC, as provided in this 37
section, the applicant's professional engineer shall also submit digitally created 38
construction/site plan documents, in an electronic format acceptable to the County 39
Manager or designee. 1 disk (CDROM) of the master plan file, including, where 40
applicable, easements, water/wastewater facilities, and stormwater drainage system. The 41
digital data to be submitted shall follow these formatting guidelines: All data shall be 42
delivered in the state plane coordinate system, with a Florida East Projection, and a North 43
American Datum 1983/1990 (NAD83/90 datum), with United States Survey Feet 44
(USFEET) units; as established by a Florida registered professional surveyor and mapper. 45
All information shall have a maximum dimensional error of +0.5 feet. Files shall be in an 46
AutoCAD (DWG) or Digital Exchange File (DXF) format; information layers shall have 47
common naming conventions (i.e. right-of-way—ROW, centerlines—CL, edge-of-48
pavement—EOP, etc.). For a plan to be deemed complete, the layering scheme must be 49
readily understood by county staff. All property information (parcels, lots, and requisite 50
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annotation) shall be drawn on a unique information layer, with all linework pertaining to 1
the property feature located on that layer. Example: parcels—All lines that form 2
the parcel boundary will be located on 1 parcel layer. Annotations pertaining to property 3
information shall be on a unique layer. Example: Lot dimensions—Lottxt layer 4
5
* * * * * * * * * * * * * 6
# # # # # # # # # # # # # 7
8
10.02.04 – Requirements for Preliminary and Final Subdivision Plats 9
10
This section shall be read in conjunction with subdivision design standards, in particular, LDC 11
Chapters 3, 4, and 6. 12
13
* * * * * * * * * * * * * 14
15
B. Construction Plans and Final Subdivision Plats (PPLs). Construction plans and final 16
subdivision plats are commonly referred to as "plans and plat." 17
18
* * * * * * * * * * * * * 19
20
2. Application for Construction Plans and Final Subdivision Plats 21
22
* * * * * * * * * * * * * 23
e. Improvements for construction plans and final subdivision plats are 24
identified in the LDC section 10.02.04 C, and are required in conjunction 25
with the subdivision and development of any and all property pursuant to 26
LDC section 10.02.03 within the unincorporated areas of the County. All 27
required improvements shall be designed and constructed in accordance 28
with the design requirements and specifications of the entity having 29
responsibility for approval, including all federal, state, and local agencies. 30
Construction plans for final subdivision plats shall include at a minimum: 31
32
* * * * * * * * * * * * * 33
iv. Street lighting. Plans for streetlights shall bear the approval of the 34
utility authorities involved. If the street lighting system is to be 35
privately owned and maintained by a property owners' association 36
or similar entity, it shall be designed by the applicant's professional 37
engineer; 38
39
* * * * * * * * * * * * * 40
41
3. County Manager review of construction plans and final subdivision plats. 42
43
* * * * * * * * * * * * * 44
45
d. Digital submission. After the final subdivision plat has been approved by 46
the County Manager or designee for During the review process for 47
compliance with the LDC, as provided in this section, the applicant shall 48
resubmit 5 certified sets of the approved construction plans along with 49
approved copies of all required county permits. The applicant's 50
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professional engineer shall also submit a set of digitally created 1
construction/site plan documents in a format acceptable to the County 2
Manager or designee, 1 disk (CDROM) of the in an acceptable electronic 3
format. master plan file, including, where applicable, easements, 4
water/wastewater facilities, and stormwater drainage system. The digital 5
data to be submitted shall follow these formatting guidelines: All data shall 6
be delivered in the state plane coordinate system, with a Florida East 7
Projection, and a North American Datum 1983/1990 (NAD83/90 datum), 8
with United States Survey Feet (USFEET) units; as established by a Florida 9
registered professional surveyor and mapper. All information shall have a 10
maximum dimensional error of +0.5 feet. Files shall be in an AutoCAD 11
(DWG) or Digital Exchange File (DXF) format; information layers shall have 12
common naming conventions (i.e. right-of-way—ROW, centerlines—CL, 13
edge-of-pavement—EOP, etc.). For a plan to be deemed complete, the 14
layering scheme must be readily understood by county staff. All property 15
information (parcels, lots, and requisite annotation) shall be drawn on a 16
unique information layer, with all linework pertaining to the property feature 17
located on that layer. Example: parcels—All lines that form the parcel 18
boundary will be located on 1 parcel layer. Annotations pertaining to 19
property information shall be on a unique layer. Example: lot dimensions—20
Lottxt layer. 21
22
* * * * * * * * * * * * * 23
# # # # # # # # # # # # # 24
25
10.02.05 – Construction, Approval, and Acceptance of Required Improvements 26
27
* * * * * * * * * * * * * 28
29
B. Preliminary Acceptance of Required Subdivision Improvements by the County Engineer 30
or designee. Preliminary acceptance by the County Engineer or designee shall identify 31
that the subdivision or development is substantially safe for public occupancy. 32
33
* * * * * * * * * * * * * 34
35
2. Submittal requirements. Upon completion of all required improvements contained 36
in the approved construction plans, the applicant's professional engineer of record 37
shall provide the following materials for the review by the County Engineer or 38
designee: 39
40
* * * * * * * * * * * * * 41
42
f. Digital submission. The applicant's professional engineer shall also submit 43
digitally created construction/site plan documents, including 1 disk 44
(CDROM) of in an electronic format acceptable to the County Manager or 45
designee, the master plan file, including, where applicable, easements, 46
water/wastewater facilities, and stormwater drainage system. The digital 47
data to be submitted shall follow these formatting guidelines: All data shall 48
be delivered in the state plane coordinate system, with a Florida East 49
Projection, and a North American Datum 1983/1990 (NAD83/90 datum), 50
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with United States Survey Feet (USFEET) units; as established by a Florida 1
registered professional surveyor and mapper. All information shall have a 2
maximum dimensional error of +0.5 feet. Files shall be in an AutoCAD 3
(DWG) or Digital Exchange File (DXF) format; information layers shall have 4
common naming conventions (i.e. right-of-way—ROW, centerlines—CL, 5
edge-of-pavement—EOP, etc.). For a plan to be deemed complete, the 6
layering scheme must be readily understood by county staff. All property 7
information (parcels, lots, and requisite annotation) shall be drawn on a 8
unique information layer, with all linework pertaining to the property feature 9
located on that layer. Example: parcels—All lines that form the parcel 10
boundary will be located on 1 parcel layer. Annotations pertaining to 11
property information shall be on a unique layer. Example: lot dimensions—12
Lottxt layer. In addition, a copy of applicable measurements, tests and 13
reports made on the work and material during the progress of construction 14
must be furnished. The record construction data shall be certified by the 15
applicant's professional engineer and professional surveyor and mapper 16
and shall include but not be limited to the following items which have been 17
obtained through surveys performed on the completed required 18
improvements: 19
20
* * * * * * * * * * * * * 21
# # # # # # # # # # # # # 22
23
10.02.06 – Requirements for Permits 24
25
* * * * * * * * * * * * * 26
27
K. Comparable Use Determination. 28
29
1. The following Comparable Use Determination (CUD) shall be used to determine 30
whether a use at a site-specific location is comparable in nature and consistent 31
with the list of permitted uses, and the purpose and intent statement of the zoning 32
district, overlay, or PUD. Approval of a CUD made at one location shall not be 33
construed to mean the use is entitled in a different location. 34
35
2. To be effective, the Comparable Use Determination shall be approved by the 36
Hearing Examiner by decision, or Board of Zoning Appeals by resolution after 37
CCPC recommendation to the BZA, at an advertised public hearing based on the 38
following standards, as applicable: 39
40
* * * * * * * * * * * * * 41
42
d. The proposed use shall be compatible and consistent with the other 43
permitted uses in the zoning district, overlay, or PUD. 44
45
e. The proposed use shall be compatible with the surrounding 46
neighborhood. 47
48
f. Any additional relevant information as may be required by County 49
Manager or Designee. 50
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1
3. The Administrative Code shall establish the process and application submittal 2
requirements to obtain a Comparable Use Determination. 3
4
# # # # # # # # # # # # # 5
6
10.02.11 - Submittal of Streetlight Plans 7
8
A. Streetlights. All street lighting plans shall be prepared by an electrical a 9
professional engineer. 10
11
# # # # # # # # # # # # # 12
13
10.02.13 – Planned Unit Development (PUD) Procedures 14
15
A. Generally. Applications for amendments to, or rezoning to, PUD shall be in the form of a 16
PUD master plan of development along with a list of permitted and accessory uses and a 17
development standards table. The PUD application shall also include a list of developer 18
commitments and any proposed deviations from the LDC. The PUD master plan shall 19
have been designed by an urban planner who possesses the education and experience 20
to qualify for full membership in the American Institute of Certified Planners; and/or a 21
landscape architect who possesses the education and experience to qualify for full 22
membership in the American Society of Landscape Architects, together with either a 23
practicing civil engineer licensed by the State of Florida, or a practicing architect licensed 24
by the State of Florida. 25
26
* * * * * * * * * * * * * 27
28
2. PUD application. The applicant shall submit data supporting and describing the 29
petition for rezoning to PUD that includes a development standards table, 30
developer commitments and a list of deviations from the LDC. Dimensional 31
standards shall be based upon an established zoning district that most closely 32
resembles the development strategy, particularly the type, density and intensity, of 33
each proposed land use. The PUD application shall include the information 34
identified in the Administrative Code unless determined by the Planning and 35
Zoning Director County Manager or designee to be unnecessary to describe 36
the development strategy. 37
38
3. Deviations from master plan elements. The Zoning and Land Development Review 39
Department Director County Manager or designee may exempt a petition from 40
certain required elements for the PUD master plan identified in the Administrative 41
Code when the petition contains conditions which demonstrate the element may 42
be waived and will not have a detrimental effect on the health, safety and welfare 43
of the community. All exemptions shall be noted within the PUD submittal and 44
provided to the Board of County Commissioners. 45
46
* * * * * * * * * * * * * 47
48
B. Procedures for planned unit development zoning. Petitions for rezoning to PUD in 49
accordance with LDC section 10.02.08, shall be submitted and processed as for a 50
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rezoning amendment generally pursuant to LDC section 10.02.08 and in accordance with 1
the following special procedures: 2
3
1. Pre-application meeting. Prior to the submission of a formal application for 4
rezoning to PUD, the applicant shall confer with the Planning and Zoning 5
Department Director County Manager’s designee and other County staff, 6
agencies, and officials involved in the review and processing of such applications 7
and related materials. The applicant is further encouraged to submit a tentative 8
land use sketch plan for review at the pre-application meeting, and to obtain 9
information on any projected plans or programs relative to possible applicable 10
Federal or State requirements or other matters that may affect the proposed PUD. 11
The pre-application meeting should address, but is not limited to, the following: 12
13
* * * * * * * * * * * * * 14
15
E. Changes and amendments. There are three types of changes to a PUD Ordinance: 16
Substantial, Insubstantial, and Minor. 17
18
1. Substantial changes. Any substantial change(s) to an approved PUD Ordinance 19
shall require the review and recommendation of the Planning Commission and 20
approval by the Board of County Commissioners as a PUD amendment prior to 21
implementation. Applicants shall be required to submit and process a new 22
application complete with pertinent supporting data, as set forth in the 23
Administrative Code. For the purpose of this section, a substantial change shall be 24
deemed to exist where: 25
26
a. A proposed change in the boundary of the PUD; 27
28
b. A proposed increase in the total number of dwelling units or intensity of 29
land use or height of buildings within the development; 30
31
c. A proposed decrease in preservation, conservation, recreation or open 32
space areas within the development not to exceed 5 percent of the total 33
acreage previously designated as such, or 5 acres in area; 34
35
d. A proposed increase in the size of areas used for nonresidential uses, to 36
include institutional, commercial and industrial land uses (excluding 37
preservation, conservation or open spaces), or a proposed relocation of 38
nonresidential land uses; 39
40
e. A substantial increase in the impacts of the development which may 41
include, but are not limited to, increases in traffic generation; changes in 42
traffic circulation; or impacts on other public facilities; 43
44
f. A change that will result in land use activities that generate a higher level 45
of vehicular traffic based upon the Trip Generation Manual published by 46
the Institute of Transportation Engineers; 47
48
g. A change that will result in a requirement for increased stormwater 49
retention, or will otherwise increase stormwater discharges; 50
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1
h. A change that will bring about a relationship to an abutting land use that 2
would be incompatible with an adjacent land use; 3
4
i. Any modification to the PUD master plan or PUD document or amendment 5
to a PUD ordinance which is inconsistent with the Future Land Use Element 6
or other element of the Growth Management Plan or which modification 7
would increase the density or intensity of the permitted land uses; 8
9
j. The proposed change is to a PUD district designated as a development of 10
regional impact (DRI) and approved pursuant to F.S. § 380.06, where such 11
change requires a determination and public hearing by Collier County 12
pursuant to F.S. § 380.06(19). Any change that meets the criterion of F.S. 13
§ 380.06(19)(e)2, and any changes to a DRI/PUD master plan that clearly 14
do not create a substantial deviation shall be reviewed and approved by 15
Collier County under this LDC section 10.02.13; or 16
17
k. Any modification in the PUD master plan or PUD document or amendment 18
to a PUD ordinance which impact(s) any consideration deemed to be a 19
substantial modification as described under this LDC section 10.02.13. 20
21
2. Insubstantial change determination. An insubstantial change includes any change 22
that is not considered a substantial or minor change. An insubstantial change to 23
an approved PUD Ordinance shall be based upon an evaluation of LDC subsection 24
10.02.13 E.1 and shall require the review and approval of the Planning 25
Commission Hearing Examiner, or if the Hearing Examiner has a conflict, then by 26
the Planning Commission. The Planning Commission approval Hearing 27
Examiner’s decision shall be based on the findings and criteria used for the original 28
application and be an action taken at a regularly scheduled meeting. 29
30
a. The applicant shall provide the Planning and Zoning Department Director 31
County Manager or designee documentation which adequately describes 32
the proposed changes as described in the Administrative Code. 33
34
3. Minor changes. The following are considered minor changes, and may be 35
approved by the County Manager or designee under the procedures established 36
in the Administrative Code. 37
38
a. Educational and ancillary plants exception. When a PUD is amended for 39
the sole purpose of adding an Educational and/or ancillary plant, that PUD 40
will not be subject to the review process outlined in LDC 41
section 10.02.13 E.1. The review conducted will be limited to the impacts 42
that the Educational or ancillary plant will have on the surrounding uses. 43
44
b. The County Manager or designee shall also be authorized to allow minor 45
changes to the PUD master plan during its subdivision improvements plan 46
or site development plan process to accommodate topography, vegetation 47
and other site conditions not identified or accounted for during its original 48
submittal and review and when said changes have been determined to be 49
compatible with adjacent land uses, have no impacts external to the site, 50
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existing or proposed, and is otherwise consistent with the provisions of this 1
code and the growth management plan. Such changes shall include: 2
3
i. Internal realignment of rights-of-way, including a relocation 4
of access points to the PUD itself, where no water management 5
facility, conservation/preservation areas, or 6
required easements are affected or otherwise provided for. 7
8
ii. Relocation of building envelopes when there is no encroachment 9
upon required conservation or preservation areas. 10
11
iii. Relocation of swimming pools, clubhouses, or other recreation 12
facilities when such relocation will not affect adjacent properties or 13
land uses. 14
15
iv. Relocation or reconfiguration of lakes, ponds, or other water 16
facilities subject to the submittal of revised water management 17
plans, or approval of the EAC where applicable. 18
19
Minor changes of the type described above, including minor text changes, 20
shall nevertheless be reviewed by appropriate staff to ensure that said 21
changes are otherwise in compliance with all county ordinances and 22
regulations prior to the Planning and Zoning Department Director's County 23
Manager or designee’s consideration for approval. 24
25
c. Affordable housing commitments. Beginning October 3, 2012 the County 26
Manager or designee shall be authorized to make minor text changes to 27
remove affordable housing commitments to pay an affordable housing 28
contribution in PUDs, Development Agreements, and Settlement 29
Agreements if the following conditions are met: 30
31
i. The applicant notices property owners in writing in accordance with 32
LDC section 10.03.06 T. 33
34
ii. If no written objection is received, the request to remove 35
commitments is deemed approved. 36
37
iii. If a property owner who receives notice submits a written objection 38
within 30 days of mailing of the notice, the matter shall be scheduled 39
for public hearing before the Board of County Commissioners 40
Hearing Examiner. Public notice shall comply with LDC 41
sections 10.03.05 and 10.03.06 T. 42
43
F. PUD Monitoring Report requirements. In order to ensure and verify that approved project 44
densities or intensities of land use will not be exceeded and 45
that development commitments will be fulfilled and are consistent with 46
the development's approved transportation impact study, annual monitoring reports must 47
be submitted by the owner(s) of a PUD to the County Manager or designee. 48
49
* * * * * * * * * * * * * 50
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1
4. County will be given at least 6 month's prior written notice to a change in 2
ownership, to a community association, including but not limited to transfer of all 3
or part of the development to a Home Owners Association, Property Owners 4
Association, Master Association, or similar entity. Change in ownership of 5
portions of a PUD development shall not absolve the original owner of the 6
requirement to file an annual monitoring report. Transferring responsibility for 7
filing the annual monitoring report to an entity other than the original owner may 8
be demonstrated in the form of an executed agreement between the original 9
owner and the new entity which when filed with the Planning and Zoning 10
Department Director County Manager or designee shall automatically transfer 11
responsibility for filing that annual monitoring report. 12
13
* * * * * * * * * * * * * 14
15
H. Interpretations of PUD documents. The Planning Services Department Director County 16
Manager or designee shall be authorized to interpret the PUD document and PUD master 17
plan. 18
19
* * * * * * * * * * * * * 20
21
L. Common open space or common facilities. Any common open space or common facilities 22
established by an adopted master plan of development for a PUD district shall be subject 23
to the following: 24
25
* * * * * * * * * * * * * 26
27
2. In the event that the organization established to own and maintain common open 28
space or common facilities, or any successor organization, shall at any time after 29
the establishment of the PUD fail to meet conditions in accordance with the 30
adopted PUD master plan of development, the Planning and Zoning Director 31
County Manager or designee may serve written notice upon such organization 32
and/or the owners or residents of the planned unit development and hold a public 33
hearing. If deficiencies of maintenance are not corrected within 30 days after such 34
notice and hearing, the Planning and Zoning Director County Manager or designee 35
shall call upon any public or private agency to maintain the common open 36
space for a period of 1 year. When the Planning and Zoning Director County 37
Manager or designee determines that the subject organization is not prepared or 38
able to maintain the common open space or common facilities, such public or 39
private agency shall continue maintenance for yearly periods. 40
41
* * * * * * * * * * * * * 42
# # # # # # # # # # # # # 43
44
10.02.15 – Requirements for Mixed Use Projects within the Bayshore Gateway Triangle 45
Redevelopment Area 46
47
A. Mixed Use Project Approval Types. Owners of property located in the Bayshore Gateway 48
Triangle Redevelopment Area designated as Neighborhood Commercial (BZO-NC), 49
Waterfront (BZO-W), and Mixed Use (GTZO-MXD) Subdistricts may submit an application 50
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for a Mixed Use Project (MUP). The MUP shall allow for a mixture of residential and 1
commercial uses, as permitted under the Table of Uses for the appropriate subdistrict. 2
Applications for a MUP may be approved administratively or through a public hearing 3
process as described in this section. A pre-application meeting is required for all MUP 4
applications. 5
6
* * * * * * * * * * * * * 7
8
2. MUPs Requiring Public Hearing: 9
10
a. MUPs that do not meet the thresholds for administrative approval may be 11
approved by the BZA BCC after recommendation by the CCPC through a 12
public hearing process. 13
14
* * * * * * * * * * * * * 15
16
c. There shall be a public hearing before the BZA Planning Commission and 17
BCC legally noticed and advertised pursuant to LDC section 10.03.06. 18
19
d. After a Mixed Use Project has been approved by the BZA BCC, the 20
applicant shall submit a site development plan (SDP) consistent with the 21
conceptual site plan approved by the BZA BCC and meeting the 22
requirements of LDC section 10.02.03 B. The SDP may be submitted 23
concurrent with the MUP application at the applicant's risk. 24
25
* * * * * * * * * * * * * 26
# # # # # # # # # # # # # 27
28
10.03.06 – Public Notice and Required Hearings for Land Use Petitions 29
30
This section shall establish the requirements for public hearings and public notices. This section 31
shall be read in conjunction with LDC section 10.03.05 and Chapter 8 of the Administrative 32
Code, which further establishes the public notice procedures for land use petitions . 33
34
A. Ordinance or resolution that is initiated by County or a private entity which does not 35
change the zoning atlas or actual list of uses in a zoning category but does affect the 36
use of land, including, but not limited to, land development code regulations as defined 37
in F.S. § 163.3202, regardless of the percentage of the land affected. This is commonly 38
referred to as a LDC amendment . 39
40
* * * * * * * * * * * * * 41
42
2. The following notice procedures are required: 43
44
a. Newspaper Legal Advertisement prior to each advertised public hearing in 45
accordance with F.S. § 125.66. 46
47
B. Ordinance or resolution for a rezoning, or a PUD amendment, or a conditional use. For 48
minor conditional use notice requirements see 10.03.06 C, below and for County initiated 49
rezonings, see LDC section 10.03.06 K.: 50
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1
1. The following advertised public hearings are required: 2
3
a. One Planning Commission and, if required, an Environmental Advisory 4
Council hearing. 5
6
b. One BCC or BZA hearing. 7
8
2. The following notice procedures are required: 9
10
* * * * * * * * * * * * * 11
12
c. Newspaper Legal Advertisement prior to each advertised public hearing in 13
accordance with F.S. § 125.66. 14
15
* * * * * * * * * * * * * 16
17
C. Minor conditional use. 18
19
1. The following advertised public hearings are required: 20
21
a. One Hearing Examiner hearing. If not heard by the Hearing Examiner, then 22
pursuant to LDC section 10.03.06 B and if directed by a single Board 23
member, one Planning Commission and BZA. 24
25
* * * * * * * * * * * * * 26
27
c. Newspaper Legal Advertisement prior to the advertised public hearing. 28
29
* * * * * * * * * * * * * 30
31
D. Conditional use extension, or conditional use re-review: 32
33
* * * * * * * * * * * * * 34
35
2. The following notice procedures are required: 36
37
* * * * * * * * * * * * * 38
39
b. Newspaper Legal Advertisement prior to the advertised public hearing. 40
41
* * * * * * * * * * * * * 42
43
E. Ordinance or resolution for comprehensive plan amendments: 44
45
* * * * * * * * * * * * * 46
47
2. The following notice procedures are required: 48
49
a. Small-scale amendments: 50
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1
* * * * * * * * * * * * * 2
3
iii. Newspaper Legal Advertisement prior to each advertised public 4
hearing. 5
6
* * * * * * * * * * * * * 7
8
F. Variance, pursuant to LDC section 9.04.02 or a sign variance, pursuant to LDC 9
section 5.06.08: 10
11
1. The following advertised public hearings are required: 12
13
a. One Planning Commission or Hearing Examiner hearing. 14
15
b. If heard Hearing Examiner has a conflict, by the one Planning Commission, 16
and one BZA hearing. 17
18
2. The following notice procedures are required: 19
20
a. Newspaper Legal Advertisement prior to each advertised public hearing. 21
22
* * * * * * * * * * * * * 23
24
G. Parking exemption, pursuant to LDC section 4.05.02 K.3: 25
26
1. The following advertised public hearing is required: 27
28
a. One Planning Commission or Hearing Examiner hearing. 29
30
b. If heard by the Hearing Examiner has a conflict, one Planning Commission, 31
and BZA hearing. 32
33
2. The following notice procedures are required: 34
35
* * * * * * * * * * * * * 36
37
c. Newspaper Legal Advertisement prior to the advertised public hearing. 38
39
* * * * * * * * * * * * * 40
41
H. PUD Insubstantial Change (PDI) or Boat Dock Facility Extension, Boathouse 42
Establishment, or Boat Dock Canopy Deviation: 43
44
1. The following advertised public hearings are required: 45
46
a. One Planning Commission or Hearing Examiner hearing. 47
48
b. If Hearing Examiner has a conflict, one Planning Commission hearing. 49
50
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2. The following notice procedures are required: 1
2
a. For a PDI, a NIM. See LDC section 10.03.05 A. However, upon written 3
request by the applicant, the Hearing Examiner has the discretion to waive 4
the NIM after the first set of staff review comments have been issued. 5
6
b Mailed Notice prior to the advertised public hearing. 7
8
c. Newspaper Legal Advertisement prior to the advertised public hearing. 9
10
d. Posting of a sign prior to the advertised public hearing. 11
12
I. Ordinance or resolution for the establishment, amendment to, or the abandonment of a 13
Development of Regional Impact (DRI): 14
15
1. The following advertised public hearings are required: 16
17
a. One Planning Commission hearing. 18
19
b. One BCC hearing. 20
21
2. The following notice procedures are required: 22
23
a. In accordance with F.S. § 380.06 and the Florida Administrative Code. 24
25
* * * * * * * * * * * * * 26
27
J. Ordinance or resolution that is initiated by the BCC and will change the zoning map 28
designation of less than 10 contiguous acres of land. This is commonly referred to as a 29
rezone. 30
31
* * * * * * * * * * * * * 32
33
2. The following notice procedures are required: 34
35
* * * * * * * * * * * * * 36
37
b. Newspaper Legal Advertisement prior to each advertised public hearing. 38
The advertisement for the Planning Commission hearing shall include a 39
project location map. 40
41
* * * * * * * * * * * * * 42
43
K. Ordinance or resolution that is initiated by the BCC and will change the zoning map 44
designation of more than 10 contiguous acres of land or more or an ordinance or resolution 45
that will change the actual list of permitted, conditional, or prohibited uses of land within a 46
zoning category. This is commonly referred to as a rezone or LDC amendment: 47
48
* * * * * * * * * * * * * 49
50
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2. The following notice procedures are required: 1
2
* * * * * * * * * * * * * 3
4
b. Newspaper Legal Advertisement prior to the BCC hearings in accordance 5
with F.S § 125.66 (4) including a project location map. 6
7
i. In lieu of the newspaper legal advertisement, the BCC may mail a 8
written notice to property owners within the area covered by the 9
proposed ordinance or resolution. The notice shall include the time, 10
place and location of both the public hearings before the BCC. 11
12
ii. The first BCC hearing shall be held at least seven days after the 13
first advertisement is published. The second hearing shall be held 14
at least ten days after the first hearing and shall be advertised at 15
least five days prior to the public hearing. 16
17
* * * * * * * * * * * * 18
19
L. Ordinance or resolution for a Stewardship Sending Area (SSA) and SSA amendments: 20
21
* * * * * * * * * * * * * 22
23
2. The following notice procedures are required: 24
25
a. Newspaper Legal Advertisement prior to the advertised public hearing 26
pursuant to LDC section 4.08.06 E.1. 27
28
M. Resolution or decision for a Stewardship Receiving Area (SRA) and SRA amendments. 29
30
* * * * * * * * * * * * * 31
32
2. The following notice procedures are required: 33
34
a. SRA designation or SRA substantial change : 35
36
* * * * * * * * * * * * * 37
38
iii. Newspaper Legal Advertisement prior to each advertised public 39
hearing in accordance with F.S. § 125.66. 40
41
* * * * * * * * * * * * * 42
43
b. SRA insubstantial change : 44
45
* * * * * * * * * * * * * 46
47
iii. Newspaper Legal Advertisement prior to the advertised public 48
hearing. 49
50
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N. Ordinance or resolution for an MUP located in the mixed use subdistrict of the BZO or 1
GTZO which seeks to utilize the Density Bonus Pool Allocation or request deviations 2
exceeding administrative approval, pursuant to LDC section 10.02.15: 3
4
* * * * * * * * * * * * * 5
6
2. The following notice procedures are required : 7
8
* * * * * * * * * * * * * 9
10
c. Newspaper Legal Advertisement prior to each advertised public hearing. 11
12
O. Approval of Comparable Use Determination pursuant to LDC section 10.02.06 K. 13
14
1. The following advertised public hearings are required: 15
16
a. One CCPC or Hearing Examiner or if Board directed, one BZA hearing. 17
18
b. If heard by the Planning Commission , one BZA hearing. 19
20
2. The following notice procedures are required: 21
22
a. Newspaper Legal Advertisement prior to the advertised public hearing in 23
accordance with F.S. § 125.66. 24
25
* * * * * * * * * * * * * 26
27
P. Official Interpretations, pursuant to LDC section 1.06.00. 28
29
1. The following notice procedures are required for the interpretation of county wide 30
application of the Growth Management Plan, Land Development Code and 31
the building code: 32
33
a. Newspaper Legal Advertisement. 34
35
2. The following notice procedures are required for the interpretation affecting a 36
specific parcel of land. 37
38
* * * * * * * * * * * * * 39
40
c. Newspaper Legal Advertisement. 41
42
Q. Appeal of an Official Interpretation, pursuant to LDC section 1.06.00. 43
44
1. The following advertised public hearings are required: 45
46
a. One BZA or Hearing Examiner or if Board directed, one BZA hearing. 47
48
2. The following notice procedures are required: 49
50
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a. Newspaper Legal Advertisement prior to the advertised public hearing in 1
accordance with F.S. § 125.66. 2
3
R. Site Plan with Deviations for Redevelopment, pursuant to LDC section 10.02.03 F, 4
deviations in the GGPOD, pursuant to LDC section 4.02.26 E., and the LBDPA, pursuant 5
to LDC section 4.02.16 C.13. 6
7
1. The following advertised public hearings are required: 8
9
a. One Planning Commission or Hearing Examiner hearing. 10
11
b. If heard by the Planning Commission , one BZA hearing. 12
13
b. If Hearing Examiner has a conflict, one Planning Commission hearing. 14
15
2. The following notice procedures are required: 16
17
a. Newspaper Legal Advertisement prior to the advertised public hearing in 18
accordance with F.S. § 125.66. 19
20
b. Mailed Notice prior to the advertised public hearing. 21
22
c. Posting of a sign prior to the advertised public hearing. 23
24
S. Post Take Plan, pursuant to LDC section 9.03.07 D. 25
26
1. The following notice procedures are required: 27
28
* * * * * * * * * * * * * 29
30
b. If a Planning Commission or Hearing Examiner hearing is required, a 31
Newspaper Legal Advertisement. 32
33
2. The following advertised public hearings may shall be required: 34
35
a. If a written objection is received, one Planning Commission or Hearing 36
Examiner or BZA hearing. 37
38
T. Minor Change to a PUD to remove affordable housing contributions, pursuant to LDC 39
section 10.02.13 E.3.c. 40
41
* * * * * * * * * * * * * 42
43
2. The following advertised public hearings may be required: 44
45
a. If a written objection is received, one BCC or Hearing Examiner hearing. 46
47
b. If Hearing Examiner has a conflict, one Planning Commission hearing. 48
49
* * * * * * * * * * * * * 50
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1
U. Automobile Service Station Facilities with Fuel Pumps Waiver pursuant to LDC section 2
5.05.05 and Alcohol Beverage Distance Waiver pursuant to LDC section 5.05.01. 3
4
1. The following advertised public hearings are required: 5
6
a. One BZA or Hearing Examiner hearing. 7
8
b. If Hearing Examiner has a conflict, one BZA hearing. 9
10
2. The following notice procedures are required: 11
12
* * * * * * * * * * * * * 13
14
b. Newspaper Legal Advertisement prior to the advertised public hearing . 15
16
* * * * * * * * * * * * * 17
18
V. Nonconforming Use Change pursuant to LDC section 9.03.02 D and Nonconforming Use 19
Alteration, pursuant to LDC section 9.03.03 B 5. 20
21
1. The following advertised public hearings are required: 22
23
a. One Hearing Examiner or BZA hearing. 24
25
b. If Hearing Examiner has a conflict, one Planning Commission and BZA 26
hearing. 27
28
* * * * * * * * * * * * * 29
30
X. Stakeholder Outreach Meeting, pursuant to LDC section 5.05.15 C.3. 31
32
1. The following notice procedures are required: 33
34
a. Newspaper Legal advertisement at least 15 days prior to the Stakeholder 35
Outreach Meeting. 36
37
* * * * * * * * * * * * * 38
39
Y. Compatibility Design Review, pursuant to LDC section 5.05.15 F. 40
41
* * * * * * * * * * * * * 42
43
2. The following notice procedures are required: 44
45
a. Newspaper Legal advertisement at least 15 days prior to the advertised 46
public hearing. 47
48
b. Mailed notice sent by the applicant at least 15 days prior to the required 49
public hearings. For the purposes of this application, all mailed notices shall 50
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be sent to property owners within 1,000 feet of the property lines of the 1
subject property. 2
3
Z. Events in County Right-of-Way, pursuant to LDC section 5.04.05 A.5. 4
5
* * * * * * * * * * * * * 6
7
2. The following notice procedures are required: 8
9
a. Newspaper Legal advertisement prior to the advertised public hearing in 10
accordance with F.S. 125.66. 11
12
* * * * * * * * * * * * * 13
# # # # # # # # # # # # # 14
15
10.04.04 – Applications Subject to Type III Review 16
17
The following applications are subject to Type III review: Variances; Administrative Appeals; 18
Certificates of Appropriateness; cConditional uUses; nNonconforming Use Amendments and 19
Alterations; Vested Rights; flood Variances; Parking Agreements. 20
21
For a graphic depiction of the review procedure, please see Illustration 10.04.04 A. 22
23
24
25
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1
Illustration 10.04.04 A. 2
3
# # # # # # # # # # # # # 4
5
10.08.00 - CONDITIONAL USE PROCEDURES 6
7
* * * * * * * * * * * * * 8
9
C. Application. The Administrative Code shall establish the submittal requirements for a 10
conditional use application and minor conditional use change. 11
12
1. Conditional use application processing time. An application for a conditional use 13
will be considered "open," when the determination of "sufficiency" has been made 14
and the application is assigned a petition processing number. An application for a 15
conditional use will be considered "closed" when the applicant withdraws the 16
subject application through written notice or ceases to supply necessary 17
information to continue processing or otherwise actively pursue the conditional 18
use, for a period of 6 months. An application deemed "closed" will not receive 19
further processing and shall be withdrawn and an application "closed" through 20
inactivity shall be deemed withdrawn. The Planning and Zoning Department 21
County Manager or designee will notify the applicant of closure by certified mail, 22
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return receipt requested; however, failure to notify by the County shall not eliminate 1
the "closed" status of a petition. An application deemed "closed" may be re-opened 2
by submitting a new application, repayment of all application fees and granting of 3
a determination of "sufficiency." Further review of the request will be subject to the 4
then current LDC. 5
6
* * * * * * * * * * * * * 7
8
J. Changes and amendments. The County Manager or designee may approve minor 9
changes in the location, siting, or height of buildings, structures, and improvements 10
authorized by the conditional use. Additional u Uses or expansion of permitted uses not 11
shown on the conceptual site development plan or otherwise specifically provided for in 12
the conditional use application shall require the submission, review, and approval of a new 13
conditional use application. 14
15
Minor conditional use changes or amendments shall be heard by the Hearing Examiner, 16
except for those requests that require an Environmental Advisory Council review or, at the 17
discretion of the Hearing Examiner, are determined to be a matter of great public interest 18
or concern. Additionally, the Commissioner of the District in which the minor conditional 19
use change is located may direct the minor conditional use change to be heard by the 20
Planning Commission in an advisory capacity and then by the BZA for final action. 21
22
When the Hearing Examiner directs a minor conditional use to the Planning Commission, 23
the Hearing Examiner shall consider, all criteria set forth in LDC section 10.08.00 D and 24
the relevant matters in the applicant’s written petition. 25
26
# # # # # # # # # # # # # 27
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Collier County Land Development Code | Administrative Procedures Manual 1
2
Contents 3
Contents ....................................................................................................................... 37 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
36
Page 3308 of 3380
Exhibit A – Administrative Code
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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.
1
B.2. Dock Facility Extension 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;
Page 3309 of 3380
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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
10
C.1 Conditional Use Permit 11
12
* * * * * * * * * * * * * 13
14
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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.
1
* * * * * * * * * * * * * 2
3
C.2. Conditional Use Extensions 4
5
* * * * * * * * * * * * * 6
7
Notice for Minor
Conditional Use
Notification requirements are as follows.
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Extension
petitions and all
other Conditional
Use Extension
petitions
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.
1
* * * * * * * * * * * * * 2
3
C.3. Conditional Use Re-Review 4
5
* * * * * * * * * * * * * 6
7
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.
8
D. Development of Regional Impact (DRI) 9
10
* * * * * * * * * * * * * 11
12
D.2. DRI Abandonment 13
14
* * * * * * * * * * * * * 15
16
Notice In accordance with F.S. § 380.06 and the Florida Administrative Code. 17
18
* * * * * * * * * * * * * 19
20
D.3 DRI Development Order Amendment 21
22
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* * * * * * * * * * * * * 1
2
Notice In accordance with F.S. § 380.06 and the Florida Administrative Code. 3
4
* * * * * * * * * * * * * 5
6
E. Mixed Use Project (MUP) – Public Hearing for use of Bonus Density Pool 7
and/or other Deviations 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; 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.
12
* * * * * * * * * * * * * 13
14
F. Parking Exemption – With a Public Hearing 15
16
* * * * * * * * * * * * * 17
18
Notice Notification requirements are as follows. 19
See Chapter 8 of the Administrative Code for additional notice information. 20
21
1. Agent Letter: An Agent Letter shall be sent to property owners within 150 feet of the 22
subject property following the initial staff review comments and prior to the 23
resubmittal. See Application Contents for review and approval of letter materials. 24
25
2. Mailed Notice: Written notice shall be sent to property owners in the notification area 26
at least 15 days before the first advertised public hearing.. 27
28
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3 .Newspaper Legal Advertisements: The legal advertisement shall be published at least 1
15 days before each advertised public hearing in a newspaper of general circulation. 2
The advertisement shall include at a minimum: 3
a. Date, time, and location of the hearing; and 4
b. Clear explanation of the parking relief sought. 5
4. Sign: Posted at least 15 days before the first advertised public hearing date. See 6
Chapter 8 E. of the Administrative Code for sign template. 7
8
* * * * * * * * * * * * 9
10
G. Planned Unit Developments (PUD) 11
12
G.1 Rezoning to a PUD 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;
c. 2 in. x 3 in. map of the project location; and
d. Name and application number.
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
G.2. PUD Amendment 20
21
* * * * * * * * * * * * * 22
23
Notice Notification requirements are as follows:
See Chapter 8 of the Administrative Code for additional notice information.
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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 .
1
* * * * * * * * * * * * * 2
3
G.3. PUD Insubstantial Change 4
5
* * * * * * * * * * * * * 6
7
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.
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.
8
* * * * * * * * * * * * * 9
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1
H. Rezoning – Standard 2
3
* * * * * * * * * * * * * 4
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 .
5
* * * * * * * * * * * * * 6
7
I. Sign Variance 8
9
* * * * * * * * * * * * * 10
11
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:
Page 3316 of 3380
Exhibit A – Administrative Code
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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
J. Variance 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. 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 .
8
* * * * * * * * * * * * * 9
10
K. Compatibility Design Review 11
12
* * * * * * * * * * * * * 13
14
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:
Page 3317 of 3380
Exhibit A – Administrative Code
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1
* * * * * * * * * * * * * 2
3
L. Comparable Use Determination 4
5
* * * * * * * * * * * * * 6
7
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;
* * * * * * * * * * * * *
# # # # # # # # # # # # #
Collier County Land Development Code | Administrative Procedures Manual
Chapter 4 | Administrative Procedures
Chapter 4. Administrative Procedures 8
9
The permits and approvals listed in this Chapter do not require a public hearing, unless a decision on the permit is 10
appealed. 11
12
* * * * * * * * * * * * * 13
14
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 template.
Page 3318 of 3380
Exhibit A – Administrative Code
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G. Official Interpretation of the Land Development Code 1
2
* * * * * * * * * * * * * 3
4
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;
b. Location of affected property;
c. Appeal time frame; and
d. Project Location Map.
* * * * * * * * * * * * * 5
6
J.6. Special Events 7
8
* * * * * * * * * * * * * 9
10
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
Page 3319 of 3380
Exhibit A – Administrative Code
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property owners, neighborhood associations and business associations 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.
* * * * * * * * * * * * * 1
# # # # # # # # # # # # # 2
3
Collier County Land Development Code | Administrative Procedures Manual
Chapter 5 | Subdivision Procedures
4
Chapter 5. Subdivision Procedures 5
6
The following applications and approvals listed in this Chapter are for subdivision procedures. 7
8
* * * * * * * * * * * * * 9
10
E. Construction Plans (CNSTR) 11
12
E 1. Construction Plans - Standard 13
14
Requirements for
Construction Plans
See Chapter 5 D.1 - Construction Plans and Final Subdivision Plat section of the
Administrative Code for the construction plans and water management plan requirements .
Submittal Credentials: The construction plans shall be signed and sealed by the applicant’s
professional engineer licensed to practice in the State of Florida. The landscape plans shall
be signed and sealed by a landscape architect registered in the State of Florida. The
streetlight plans shall be signed and sealed by an irrigation designer or landscape architect
a professional engineer registered in the State of Florida.
Sheet size: The construction plans shall be submitted on standard size 24-inch by 36-inch
sheets, drawn to scale.
* * * * * * * * * * * * * 15
# # # # # # # # # # # # # 16
17
Collier County Land Development Code | Administrative Procedures Manual 18
Chapter 6 | Waivers, Exemptions, and Reductions
19
Chapter 6. Waivers, Exemptions, and Reductions 20
21
Page 3320 of 3380
Exhibit A – Administrative Code
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* * * * * * * * * * * * * 1
• 2
E. Alcohol Beverage Distance Waiver 3
4
* * * * * * * * * * * * * 5
6
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.
7
* * * * * * * * * * * * * 8
9
G. Facilities with Fuel Pumps Waiver 10
11
* * * * * * * * * * * * * 12
13
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.
14
* * * * * * * * * * * * * 15
16
H. Nonconforming Use Change (NUC) 17
18
* * * * * * * * * * * * * 19
20
Notice Notification requirements are as follows:
See Chapter 8 of the Administrative Code for additional notice information.
Page 3321 of 3380
Exhibit A – Administrative Code
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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.
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;
Page 3322 of 3380
Exhibit A – Administrative Code
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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.
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.
1. 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
M. Deviation Requests for Projects in the Golden Gate Parkway Overlay 3
District (DR-GGPOD) 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 minimum:
a. Date, time, and location of the hearing;
b. Application number and project name;
Page 3323 of 3380
Exhibit A – Administrative Code
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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.
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
Page 3324 of 3380
Exhibit A – Administrative Code
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2. Mailed Written Notice 1
3. Newspaper Legal Advertisement 2
4. Posting of a Sign 3
5. Stakeholder Outreach Meeting for Golf Course Conversions (SOM) 4
6. Agent Letter 5
6
B. Neighborhood Information Meeting 7
8
* * * * * * * * * * * * * 9
10
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.
f. Date on which the advertisement or public notice was first published.
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
Page 3325 of 3380
Exhibit A – Administrative Code
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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.
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 or on the official website
of Collier County as prescribed in F.S. section 50.011. The advertisement shall include at a
minimum:
Page 3326 of 3380
Exhibit A – Administrative Code
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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 .
Updated 2025-xxxx
1
* * * * * * * * * * * * * 2
3
F. Stakeholder Outreach Meeting for Golf Course Conversions (SOM) 4
5
* * * * * * * * * * * * * 6
7
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.
Page 3327 of 3380
Exhibit A – Administrative Code
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* * * * * * * * * * * * * 1
# # # # # # # # # # # # # 2
3
Collier County Land Development Code | Administrative Procedures Manual 4
Chapter 13 | Glossary 5
6
Chapter 13. Glossary 7
8
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.
Page 3328 of 3380
Exhibit A – Administrative Code
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Mailed Notice See LDC section 10.03.05 B.
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
50.011.
1
* * * * * * * * * * * * * 2
# # # # # # # # # # # # # 3
Page 3329 of 3380
Exhibit B – F.S. Chapter 50 – Legal and Official Advertisements
59
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Page 3330 of 3380
Exhibit B – F.S. Chapter 50 – Legal and Official Advertisements
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Page 3331 of 3380
Exhibit B – F.S. Chapter 50 – Legal and Official Advertisements
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Page 3332 of 3380
Exhibit B – F.S. Chapter 50 – Legal and Official Advertisements
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Page 3333 of 3380
Exhibit B – F.S. Chapter 50 – Legal and Official Advertisements
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Page 3334 of 3380
Exhibit C – Public Hearing Requirements by Petition Type
64
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Page 3335 of 3380
Exhibit C – Public Hearing Requirements by Petition Type
65
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Procedural Inconsistencies - BCC (09-26-2025).docx
Page 3336 of 3380
NOTICE OF PUBLIC HEARING
NOTICE OF INTENT TO CONSIDER AN ORDINANCE
Notice is hereby given that a public hearing will be held by the Collier County Board of County
Commissioners (BCC) at 9:00 A.M. on October 28, 2025, in the Board of County Commissioners
Meeting Room, third floor, Collier Government Center, 3299 Tamiami Trail East, Naples, FL to consider:
AN ORDINANCE 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 UPDATE PROCEDURES AND REQUIREMENTS
FOR PUBLIC HEARINGS FOR LAND USE PETITIONS, 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 ONE – GENERAL
PROVISIONS, INCLUDING SECTION 1.08.02 DEFINITIONS; CHAPTER TWO –
ZONING DISTRICTS AND USES, INCLUDING SECTION 2.03.07 OVERLAY ZONING
DISTRICTS; CHAPTER FOUR – SITE DESIGN AND DEVELOPMENT STANDARDS,
INCLUDING SECTION 4.02.16 DESIGN STANDARDS FOR DEVELOPMENT IN THE
BAYSHORE GATEWAY TRIANGLE COMMUNITY REDEVELOPMENT AREA,
SECTION 4.05.02 DESIGN STANDARDS, SECTION 4.08.06 SSA DESIGNATION;
CHAPTER FIVE – SUPPLEMENTAL STANDARDS, INCLUDING SECTION 5.03.06
DOCK FACILITIES, SECTION 5.04.08 FILM PERMIT; CHAPTER EIGHT – DECISION-
MAKING AND ADMINISTRATIVE BODIES, INCLUDING SECTION 8.10.00 HEARING
EXAMINER; CHAPTER NINE – VARIATIONS FROM CODE REQUIREMENTS,
INCLUDING SECTION 9.02.06 REQUIRED NOTICES FOR VESTED RIGHTS
DETERMINATION PROCESS, INCLUDING PUBLIC HEARINGS, SECTION 9.03.02
REQUIREMENTS FOR CONTINUATION OF NONCONFORMITIES, SECTION 9.03.03
TYPES OF NONCONFORMITIES, SECTION 9.03.07 NONCONFORMITIES CREATED
OR INCREASED BY PUBLIC ACQUISITION, SECTION 9.04.06 SPECIFIC
REQUIREMENTS FOR VARIANCE TO THE COASTAL SETBACK LINE; CHAPTER
TEN – APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES,
INCLUDING SECTION 10.02.03 REQUIREMENTS FOR SITE DEVELOPMENT, SITE
IMPROVEMENT PLANS AND AMENDMENTS THEREOF, SECTION 10.02.04
REQUIREMENTS FOR SUBDIVISION PLATS, SECTION 10.02.05 CONSTRUCTION,
APPROVAL, AND ACCEPTANCE OF REQUIRED IMPROVEMENTS, SECTION
10.02.06 REQUIREMENTS FOR PERMITS, SECTION 10.02.13 PLANNED UNIT
DEVELOPMENT (PUD) PROCEDURES, SECTION 10.02.15 REQUIREMENTS FOR
MIXED USE PROJECTS WITHIN THE BAYSHORE GATEWAY TRIANGLE
COMMUNITY REDEVELOPMENT AREA, SECTION 10.03.06 PUBLIC NOTICE AND
REQUIRED HEARINGS FOR LAND USE PETITIONS, SECTION 10.04.04
APPLICATIONS SUBJECT TO TYPE III REVIEW, AND SECTION 10.08.00
CONDITIONAL USE PROCEDURES; SECTION FOUR, CONFLICT AND
SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND
DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE. [PL20250000180]
Page 3337 of 3380
A copy of the proposed Ordinance is on file with the Clerk to the Board and is available for inspection. All interested
parties are invited to attend and be heard.
All persons wishing to speak on any agenda item must register with the County Manager prior to presentation of the
agenda item to be addressed. Individual speakers will be limited to three (3) minutes on any item. The selection of any
individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson
for a group or organization may be allotted ten (10) minutes to speak on an item. Written materials int ended to be
considered by the Board shall be submitted to the appropriate County staff a minimum of seven (7) days prior to the
public hearing. All materials used in presentations before the Board will become a permanent part of the record.
As part of an ongoing initiative to encourage public involvement, the public will have the opportunity to provide
public comments remotely, as well as in person, during this proceeding. Individuals who would like to participate
remotely should register through the link provided within the specific event/meeting entry on the Calendar of Events
on the County website at www.collier.gov/Calendar-Events-directory after the agenda is posted on the County
website. Registration should be done in advance of the public meeting, or any deadline specified within the public
meeting notice. Individuals who register will receive an email in advance of the public hearing detailing how they can
participate remotely in this meeting. Remote participation is provided as a court esy and is at the user’s risk. The
County is not responsible for technical issues. For additional information about the meeting, please call Geoffrey
Willig at 252-8369 or email to Geoffrey.Willig@collier.gov.
Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto
and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the
testimony and evidence upon which the appeal is based.
If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are
entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities
Management Division, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356, (239) 252-8380, at
Page 3338 of 3380
least two (2) days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board
of County Commissioners Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BURT L. SAUNDERS, CHAIRMAN
CRYSTAL K. KINZEL,
CLERK OF THE CIRCUIT COURT AND COMPTROLLER
Page 3339 of 3380
1
Business Impact Estimate
This form should be included in the agenda packet for the item under which the proposed
ordinance is to be considered and must be posted on the County’s website by the time notice of
the proposed ordinance is published.
Published on County website by: __October 8, 2025__[expected legal advertising date]
Proposed ordinance’s Short Title:
AN ORDINANCE 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 UPDATE PROCEDURES AND REQUIREMENTS FOR
PUBLIC HEARINGS FOR LAND USE PETITIONS, 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 ONE – GENERAL PROVISIONS, INCLUDING
SECTION 1.08.02 DEFINITIONS; CHAPTER TWO – ZONING DISTRICTS AND USES,
INCLUDING SECTION 2.03.07 OVERLAY ZONING DISTRICTS; CHAPTER FOUR – SITE
DESIGN AND DEVELOPMENT STANDARDS, INCLUDING SECTION 4.02.16 DESIGN
STANDARDS FOR DEVELOPMENT IN THE BAYSHORE GATEWAY TRIANGLE
COMMUNITY REDEVELOPMENT AREA, SECTION 4.05.02 DESIGN STANDARDS,
SECTION 4.08.06 SSA DESIGNATION; CHAPTER FIVE+ SUPPLEMENTAL STANDARDS,
INCLUDING SECTION 5.03.06 DOCK FACILITIES, SECTION 5.04.08 FILM PERMIT;
CHAPTER SIX – INFRASTRUCTURE IMPROVEMENTS AND ADEQUATE PUBLIC
FACILITIES REQUIREMENTS, INCLUDING SECTION 6.06.03 STREETLIGHTS;
CHAPTER EIGHT – DECISION-MAKING AND ADMINISTRATIVE BODIES, INCLUDING
SECTION 8.10.00 HEARING EXAMINER; CHAPTER NINE – VARIATIONS FROM CODE
REQUIREMENTS, INCLUDING SECTION 9.02.06 REQUIRED NOTICES FOR VESTED
RIGHTS DETERMINATION PROCESS, INCLUDING PUBLIC HE ARINGS, SECTION
9.03.02 REQUIREMENTS FOR CONTINUATION OF NONCONFORMITIES, SECTION
9.03.03 TYPES OF NONCONFORMITIES, SECTION 9.03.07 NONCONFORMITIES
CREATED OR INCREASED BY PUBLIC ACQUISITION, SECTION 9.04.06 SPECIFIC
REQUIREMENTS FOR VARIANCE TO THE COASTAL SETBACK LINE; CHAPTER TEN
– APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES, INCLUDING
SECTION 10.02.03 REQUIREMENTS FOR SITE DEVELOPMENT, SITE IMPROVEMENT
PLANS AND AMENDMENTS THEREOF, SECTION 10.02.04 REQUIREMENTS FOR
SUBDIVISION PLATS, SECTION 10.02.05 CONSTRUCTION, APPROVAL, AND
ACCEPTANCE OF REQUIRED IMPROVEMENTS, SECTION 10.02.06 REQUIREMENTS
FOR PERMITS, SECTION 10.02.11 SUBMITTAL OF STREETLIGHTS, SECTION 10.02.13
Page 3340 of 3380
2
PLANNED UNIT DEVELOPMENT (PUD) PROCEDURES, SECTION 10.02.15
REQUIREMENTS FOR MIXED USE PROJECTS WITHIN THE BAYSHORE GATEWAY
TRIANGLE COMMUNITY REDEVELOPMENT AREA, SECTION 10.03.06 PUBLIC
NOTICE AND REQUIRED HEARINGS FOR LAND USE PETITIONS, SECTION 10.04.04
APPLICATIONS SUBJECT TO TYPE III REVIEW, AND SECTION 10.08.00 CONDITIONAL
USE PROCEDURES; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE,
INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION
SIX, EFFECTIVE DATE. (PL20250000180)
This Business Impact Estimate is provided in accordance with section 125.66(3), Florida
Statutes. If one or more boxes are checked below, this means t he County is of the view
that a business impact estimate is not required by state law1 for the proposed ordinance,
but the County is, nevertheless, providing this Business Impact Estimate as a courtesy
and to avoid any procedural issues that could impact the enactment of the proposed
ordinance. This Business Impact Estimate may be revised following its initial posting.
☐ The proposed ordinance is required for compliance with Federal or State law or
regulation;
☐ The proposed ordinance relates to the issuance or refinancing of debt;
☐ The proposed ordinance relates to the adoption of budgets or budget
amendments, including revenue sources necessary to fund the budget;
☐ The proposed ordinance is required to implement a contract or an agreement,
including, but not limited to, any Federal, State, local, or private grant or other
financial assistance accepted by the county government;
☐ The proposed ordinance is an emergency ordinance;
☐ The ordinance relates to procurement; or
☐ The proposed ordinance is enacted to implement the following:
a. Development orders and development permits, as those terms are defined in
Section 163.3164, and development agreements, as authorized by the Florida
Local Government Development Agreement Act under Sections 163 -3220-
163.3243;
b. Comprehensive Plan amendments and land development regulation
amendments initiated by application by a private party other than Collier
County;
c. Sections 190.005 and 190.046, Florida Statutes, regarding community
development districts;
d. Section 553.73, Florida Statutes, relating to the Florida Building Code; or
e. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code.
In accordance with the provisions of controlling law, even notwithstanding the fact that
an exemption noted above may apply, the County hereby publishes the following
information:
1. Summary of the proposed ordinance (must include a statement of the public purpose,
such as serving the public health, safety, morals and welfare):
1 See Section 125.66(3)(c), Florida Statutes.
Page 3341 of 3380
3
This ordinance serves the public’s purpose, health, and welfare to clarify and rectify procedures
for processing land use petition reviews by the Environmental Advisory Council, Hearing
Examiner, Planning Commission, Board of County Commissioners and the Board of Zoning
Appeals. It will correct inconsistencies and ambiguity between the procedures for the Land
Development Code, Administrative Code, the Hearing Examiner’s and Planning
Commission’s public hearing requirements and applications for different land use
petitions.
2. An estimate of the direct economic impact of the proposed ordinance on private, for -
profit businesses in the County, if any:
(a) An estimate of direct compliance costs that businesses may reasonably incur;
(b) Any new charge or fee imposed by the proposed ordinance or for which businesses
will be financially responsible; and
(c) An estimate of the County’s regulatory costs, including estimated revenues from any
new charges or fees to cover such costs.
There will be little to no direct economic impact from the proposed ordinance. The
amendment rectifies contradictory statements and procedural inconsistencies for various
land use petitions. An applicant’s cost of advertising for a land use petition is estimated
to be reduced to $50.00 with publication on the Clerk’s’ website rather than in a
newspaper of general circulation. No new fees or taxes will result from the adoption of the
ordinance.
.
3. Good faith estimate of the number of businesses likely to be impacted by the proposed
ordinance:
None.
4. Additional information the governing body deems useful (if any):
None.
Page 3342 of 3380
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ORDINANCE NO. 25 – ___
AN ORDINANCE 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 UPDATE PROCEDURES AND REQUIREMENTS FOR
PUBLIC HEARINGS FOR LAND USE PETITIONS, 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 ONE – GENERAL PROVISIONS, INCLUDING
SECTION 1.08.02 DEFINITIONS; CHAPTER TWO – ZONING
DISTRICTS AND USES, INCLUDING SECTION 2.03.07 OVERLAY
ZONING DISTRICTS; CHAPTER FOUR – SITE DESIGN AND
DEVELOPMENT STANDARDS, INCLUDING SECTION 4.02.16 DESIGN
STANDARDS FOR DEVELOPMENT IN THE BAYSHORE GATEWAY
TRIANGLE COMMUNITY REDEVELOPMENT AREA, SECTION 4.05.02
DESIGN STANDARDS, SECTION 4.08.06 SSA DESIGNATION;
CHAPTER FIVE – SUPPLEMENTAL STANDARDS, INCLUDING
SECTION 5.03.06 DOCK FACILITIES, SECTION 5.04.08 FILM PERMIT;
CHAPTER SIX – INFRASTRUCTURE IMPROVEMENTS AND
ADEQUATE PUBLIC FACILITIES REQUIREMENTS, INCLUDING
SECTION 6.06.03 STREETLIGHTS; CHAPTER EIGHT – DECISION-
MAKING AND ADMINISTRATIVE BODIES, INCLUDING SECTION
8.10.00 HEARING EXAMINER; CHAPTER NINE – VARIATIONS FROM
CODE REQUIREMENTS, INCLUDING SECTION 9.02.06 REQUIRED
NOTICES FOR VESTED RIGHTS DETERMINATION PROCESS,
INCLUDING PUBLIC HEARINGS, SECTION 9.03.02 REQUIREMENTS
FOR CONTINUATION OF NONCONFORMITIES, SECTION 9.03.03
TYPES OF NONCONFORMITIES, SECTION 9.03.07
NONCONFORMITIES CREATED OR INCREASED BY PUBLIC
ACQUISITION, SECTION 9.04.06 SPECIFIC REQUIREMENTS FOR
VARIANCE TO THE COASTAL SETBACK LINE; CHAPTER TEN –
APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES,
INCLUDING SECTION 10.02.03 REQUIREMENTS FOR SITE
DEVELOPMENT, SITE IMPROVEMENT PLANS AND AMENDMENTS
THEREOF, SECTION 10.02.04 REQUIREMENTS FOR SUBDIVISION
PLATS, SECTION 10.02.05 CONSTRUCTION, APPROVAL, AND
ACCEPTANCE OF REQUIRED IMPROVEMENTS, SECTION 10.02.06
REQUIREMENTS FOR PERMITS, SECTION 10.02.11 SUBMITTAL OF
STREETLIGHT PLANS, SECTION 10.02.13 PLANNED UNIT
DEVELOPMENT (PUD) PROCEDURES, SECTION 10.02.15
REQUIREMENTS FOR MIXED USE PROJECTS WITHIN THE
BAYSHORE GATEWAY TRIANGLE COMMUNITY REDEVELOPMENT
AREA, SECTION 10.03.06 PUBLIC NOTICE AND REQUIRED
Page 3343 of 3380
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HEARINGS FOR LAND USE PETITIONS, SECTION 10.04.04
APPLICATIONS SUBJECT TO TYPE III REVIEW, AND SECTION
10.08.00 CONDITIONAL USE PROCEDURES; SECTION FOUR,
CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE
COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX,
EFFECTIVE DATE. (PL20250000180)
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 September 18, 2025, and reviewed the
proposed amendments for consistency with the Comprehensive Plan and did recommend
approval; and
WHEREAS, the Board of County Commissioners, in a manner prescribed by law, did
hold an advertised public hearing on _____________, 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 et seq.), 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. VIII, § 1(g); and
WHEREAS, all applicable substantive and procedural requirements of the law have
otherwise been met.
Page 3344 of 3380
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NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of
Collier County, Florida, that:
SECTION ONE: RECITALS
The foregoing Recitals are true and correct and incorporated by reference herein as if
fully set forth.
SECTION TWO: FINDINGS OF FACT
The Board of Commissioners of Collier County, Florida, hereby makes the following
findings of fact:
1. Collier County, pursuant to § 163.3161, et seq., F.S., the Florida Community
Planning Act (herein after the “Act”), is required to prepare and adopt a comprehensive plan.
2. After adoption of the Comprehensive Plan, the Act and in particular §
163.3202(1). F.S., mandates that Collier County adopt land development regulations that are
consistent with and implement the adopted comprehensive plan.
3. Section 163.3201, F.S., provides that it is the intent of the Act that the adoption
and enforcement by Collier County of land development regulations for the total unincorporated
area shall be based on, be related to, and be a means of implementation for, the adopted
comprehensive plan.
4. Section 163.3194(1)(b), F.S., requires that all land development regulations
enacted or amended by Collier County be consistent with the adopted comprehensive plan, or
element or portion thereof, and any land regulations existing at the time of adoption which are
not consistent with the adopted comprehensive plan, or element or portion thereof, shall be
amended so as to be consistent.
5. Section 163.3202(3), F.S., states that the Act shall be construed to encourage
the use of innovative land development regulations.
6. On January 10, 1989, Collier County adopted the Collier County Growth
Management Plan (hereinafter the “Growth Management Plan” or “GMP”) as its comprehensive
plan pursuant to the requirements of § 163.3161 et seq., F.S.
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.
Page 3345 of 3380
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8. Pursuant to § 163.3194(3)(a), F.S., a development order or land development
regulation shall be consistent with the comprehensive plan if the land uses, densities or
intensities, and other aspects of development are compatible with, and further the objectives,
policies, land uses, densities, or intensities in the comprehensive plan and if it meets all other
criteria enumerated by the local government.
9. Section 163.3194(3)(b), F.S., states that a development approved or undertaken
by a local government shall be consistent with the comprehensive plan if the land uses,
densities or intensities, capacity or size, timing, and other aspects of development are
compatible with, and further the objectives, policies, land uses, densities, or intensities in the
comprehensive plan and if it meets all other criteria enumerated by the local government.
10. On October 30, 1991, Collier County adopted the Collier County Land
Development Code, which became effective on November 13, 1991. The Land Development
Code adopted in Ordinance 91-102 was recodified and superseded by Ordinance 04-41.
11. Collier County finds that the Land Development Code is intended and necessary
to preserve and enhance the present advantages that exist in Collier County; to encourage the
most appropriate use of land, water and resources consistent with the public interest; to
overcome present handicaps; and to deal effectively with future problems that may result from
the use and development of land within the total unincorporated area of Collier County and it is
intended that this Land Development Code preserve, promote, protect and improve the public
health, safety, comfort, good order, appearance, convenience and general welfare of Collier
County; to prevent the overcrowding of land and avoid the undue concentration of population; to
facilitate the adequate and efficient provision of transportation, water, sewerage, schools,
parks, recreational facilities, housing and other requirements and services; to conserve,
develop, utilize and protect natural resources within the jurisdiction of Collier County; to protect
human, environmental, social and economic resources; and to maintain through orderly growth
and development, the character and stability of present and future land uses and development
in Collier County.
12. It is the intent of the Board of County Commissioners of Collier County to
implement the Land Development Code in accordance with the provisions of the Collier County
Comprehensive Plan, Chapter 125, Fla. Stat., and Chapter 163, Fla. Stat., and through these
amendments to the Code.
SECTION THREE: ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE
* * * * * * * * * * * * *
Page 3346 of 3380
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SUBSECTION 3.___. AMENDMENTS TO SECTION 1.08.02 DEFINITIONS
Section 1.08.02 Definitions, of Ordinance 04-41, as amended, the Collier County Land
Development Code, is hereby amended to read as follows:
Section 1.08.02 Definitions
* * * * * * * * * * * *
Community garden: A single piece of land managed and maintained by a group of
individuals to grow and harvest food crops and/or non-food, ornamental crops such as flowers,
for personal or group use, consumption or donation. Community gardens may be divided into
separate plots for cultivation by one or more individuals or may be farmed collectively by
members of the group and may include common areas maintained and used by group
members.
Comparable Use Determination: A process, in accordance with LDC section 10.03.06 K, to
determine whether a use for a site specific location that is not expressly listed within a
conventional zoning district, overlay, or PUD ordinance is comparable in nature and consistent
with the list of identified permitted uses in a conventional zoning district, overlay, or PUD
ordinance.
Compatibility: A condition in which land uses or conditions can coexist in relative proximity
to each other in a stable fashion over time such that no use or condition is unduly negatively
impacted directly or indirectly by another use or condition.
* * * * * * * * * * * * *
SUBSECTION 3.___. AMENDMENTS TO SECTION 2.03.07 OVERLAY ZONING DISTRICTS
Section 2.03.07 Overlay Zoning Districts, of Ordinance 04-41, as amended, the Collier County
Land Development Code, is hereby amended to read as follows:
Section 2.03.07 Overlay Zoning Districts
* * * * * * * * * * * * *
E. Historical and Archaeological Sites (H). It is the intent of these regulations to recognize
the importance and significance of the County's historical and archaeological heritage.
To that end, it is the county's intent to protect, preserve, and perpetuate the County's
historic and archaeological sites, districts, structures, buildings, and properties. Further,
the BCC, finds that these regulations are necessary to protect the public interest, to halt
illicit digging or excavation activities which could result in the destruction of prehistoric
and historic archaeological sites, and to regulate the use of land in a manner which
affords the maximum protection to historical and archaeological sites, districts,
structures, buildings, and properties consistent with individual property rights. It is not the
intent of this LDC to deny anyone the use of his property, but rather to regulate the use
of such property in a manner which will ensure, to the greatest degree possible, that
Page 3347 of 3380
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historic and archaeological sites, districts, structures, buildings, and properties are
protected from damage, destruction, relocations, or exportations.
* * * * * * * * * * * * *
2. Applicability during development review process; county projects; agriculture;
waiver request.
* * * * * * * * * * * * *
q. The designation of specific sites, structures, buildings, districts, and
properties may be initiated by the preservation board or by the property
owner. Upon consideration of the preservation board's report, findings,
and recommendations and upon consideration of the criteria and
guidelines set forth in section 203.07 E, the Board of County
Commissioners shall approve, by resolution, or deny a petition for historic
designation. The application shall be in a form provided by the County
Manager or designee. Property owners of record whose land is under
consideration for designation initiated by the preservation board shall be
provided two notices by certified mail return receipt requested, at least 30
days but no more than 45 days prior to any hearing regarding the historic
designation by the preservation board or the board of county
commissioners. The first notice shall provide all pertinent information
regarding the designation and the preservation board's scheduled
meeting date to consider the site. The second notice shall indicate when
the board of county commissioners will consider official designation of the
site. Notice of public hearing shall be legally advertised in a newspaper of
general circulation 15 days prior to the public hearing for the Board of
County Commissioners. Each designated site, district, structure, property
or building shall have a data file maintained by the preservation board.
The file shall contain at a minimum: site location; the historical, cultural, or
archaeological significance of the site; and the specific criteria from this
section qualifying the site. An official listing of all sites and properties
throughout Collier County that reflect the prehistoric occupation and
historical development of Collier County and its communities, including
information, maps, documents and photographic evidence collected to
evaluate or substantiate the designation of a particular
site, structure, building, property or district shall be maintained at the
Collier County Museum. The Collier County Museum shall coordinate
preservation and/or restoration efforts for any historical/archaeological
designated building, structure, site, property, or district that is donated to
or acquired by Collier County for public use.
* * * * * * * * * * * * *
SUBSECTION 3.___. AMENDMENTS TO SECTION 4.02.16 DESIGN STANDARDS FOR
DEVELOPMENT IN THE BAYSHORE GATEWAY TRIANGLE
COMMUNITY REDEVELOPMENT AREA
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Section 4.02.16 Design Standards for Development in the Bayshore Gateway Triangle
Community Redevelopment Area, of Ordinance 04-41, as amended, the Collier County Land
Development Code, is hereby amended to read as follows:
Section 4.02.16 Design Standards for Development in the Bayshore Gateway Triangle
Community Redevelopment Area
* * * * * * * * * * * *
C. Additional Standards for Specific Uses. Certain uses may be established, constructed,
continued, and/or expanded provided they meet certain mitigating standards specific to
their design and/or operation. These conditions ensure compatibility between land uses
and building types and minimize adverse impacts to surrounding properties.
* * * * * * * * * * * * *
13. Limited Density Bonus Pool Allocation (LDBPA) for multi-family or mixed use
developments on two contiguous acres or less.
* * * * * * * * * * * * *
d. Evaluation criteria. The application shall be reviewed by the Hearing
Examiner, or CCPC, if the Hearing Examiner has a conflict, then by the
Planning Commission for compliance with the following standards of
approval:
* * * * * * * * * * * * *
SUBSECTION 3.___. AMENDMENTS TO SECTION 4.05.02 DESIGN STANDARDS
Section 4.05.02 Design Standards, of Ordinance 04-41, as amended, the Collier County Land
Development Code, is hereby amended to read as follows:
Section 4.05.02 Design Standards
* * * * * * * * * * * *
K. Exemptions to locational requirements.
* * * * * * * * * * * * *
3. Parking exemption.
a. The Hearing Examiner, or BZA, after review and recommendation by the
pPlanning cCommission, may approve a parking exemption under the
following circumstances:
* * * * * * * * * * * * *
b. The Hearing Examiner, or pPlanning cCommission and the BZA, shall
consider the following criteria for the approval of a parking exemption:
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* * * * * * * * * * * * *
SUBSECTION 3.___. AMENDMENTS TO SECTION 4.08.06 SSA DESIGNATION
Section 4.08.06 SSA Designation, of Ordinance 04-41, as amended, the Collier County Land
Development Code, is hereby amended to read as follows:
Section 4.08.06 SSA Designation
* * * * * * * * * * * *
E. SSA Application Approval Process.
1. Public Hearing. The BCC shall hold an advertised public hearing on the proposed
resolution approving an SSA Application and SSA Credit Agreement. Notice of
the Board's intention to consider the Application and proposed SSA Credit
Agreement shall be given at least fifteen (15) days prior to said hearing by legal
advertisement publication in a newspaper of general circulation in the County. A
copy of such notice shall be kept available for public inspection during regular
business hours of the Office of Clerk to the BCC. The notice of proposed hearing
shall state the date, time and place of the meeting, the title of the proposed
resolution, and the place or places within the County where the proposed
resolution and agreement may be inspected by the public. The notice shall
provide a general description and a map or sketch of the affected land and shall
advise that interested parties may appear at the meeting and be heard with
respect to the proposed resolution. The BCC shall review the staff report and
recommendations and, if it finds that all requirements for designation have been
met, shall, by resolution, approve the application. If it finds that one or more of
the requirements for designation have not been met, it shall either deny the
application or approve it with conditions mandating compliance with all unmet
requirements. Approval of such resolution shall require a majority vote by the
BCC.
* * * * * * * * * * * * *
SUBSECTION 3.___. AMENDMENTS TO SECTION 5.03.06 DOCK FACILITIES
Section 5.03.06 Dock Facilities, of Ordinance 04-41, as amended, the Collier County Land
Development Code, is hereby amended to read as follows:
Section 5.03.06 Dock Facilities
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* * * * * * * * * * * * *
F. Standards for boathouses. Boathouses, including any roofed structure built on a dock,
shall be reviewed by the Planning CommissionHearing Examiner, or if the Hearing
Examiner has a conflict, then by the Planning Commission, according to the following
criteria, all of which must be met in order for the Hearing Examiner or Planning
Commission to approve the request:
* * * * * * * * * * * * *
G. Standards for boat lift canopies.
* * * * * * * * * * * * *
3. If an applicant wishes to construct a boat lift canopy that does not meet the
standards of subsection 5.03.06 G. above, then a petition for a boat lift canopy
deviation may be made to the Hearing Examiner, or if the Hearing Examiner has
a conflict, then by the Planning Commission, which shall review a sufficient
petition application and either approve or deny the request.
H. Dock facility extension. Additional protrusion of a dock facility into any waterway beyond
the limits established in LDC subsection 5.03.06 E. may be considered appropriate
under certain circumstances. In order for the Hearing Examiner or Planning Commission
to approve the boat dock extension request, it must be determined that at least 4 of the 5
primary criteria, and at least 4 of the 6 secondary criteria, have been met. These criteria
are as follows:
* * * * * * * * * * * * *
2. Secondary criteria:
* * * * * * * * * * * * *
g. If deemed necessary based upon review of the above criteria, the
Hearing Examiner or Planning Commission may impose such conditions
upon the approval of an extension request that it deems necessary to
accomplish the purposes of this Code and to protect the safety and
welfare of the public. Such conditions may include, but shall not be limited
to, greater side setback(s), and provision of light(s), additional reflectors,
or reflectors larger than four (4) inches.
* * * * * * * * * * * *
SUBSECTION 3.___. AMENDMENTS TO SECTION 5.04.08 FILM PERMIT
Section 5.04.08 Film Permit, of Ordinance 04-41, as amended, the Collier County Land
Development Code, is hereby amended to read as follows:
Section 5.04.08 Film Permit
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* * * * * * * * * * * * *
F. Issuance of Permit. Upon presentation of the completed application, proof of insurance,
payment of permit fee, surety bond or cash payment in lieu of the bond and review by
the County Manager or designee, the permit may be issued. If the County Manager or
designee determines that the use of public or private property could affect the public's
use of the property, or have potential adverse impacts on surrounding properties, then
the County Manager or designee may require that the permit application be scheduled
for a public hearing before the Board of County Commissioners. The special
circumstances could include, but are not limited to, closure of a public street or
accessway; use of special effects, including incendiary or explosive devices; a large
production crew or crowd control; and increased liability insurance required. The notice
for the public hearing shall be legally advertised in a newspaper of general circulation in
the county at least 1 one time 15 days prior to the hearing.
* * * * * * * * * * * *
SUBSECTION 3.___. AMENDMENTS TO SECTION 6.06.03 STREETLIGHTS
Section 6.06.03 Streetlights, of Ordinance 04-41, as amended, the Collier County Land
Development Code, is hereby amended to read as follows:
Section 6.06.03 Streetlights
* * * * * * * * * * * *
D. Wherever, in the opinion of the County Manager or designee, based on an engineer's
determination, a dangerous condition is created by sharp curves, irregularities
in street alignment, or other similar circumstances, additional lights may be required.
Streetlights and mounting poles shall be wired for underground service. All conduits and
casing to be placed under the roadway required for the lights must be installed during
each construction phase prior to roadway subbase completion. Streetlights shall be
designed and installed in either of 2 ways:
1. Where streetlights are to be installed on private streets, the developer, through
an electrical a professional engineer registered in the State of Florida, shall
design and install the street lighting system subject to the approval of the County
Manager or designee. Upon completion of the streetlights, they shall be owned,
operated, and maintained by the property owners' association,
a condominium association, cooperative association, or other similar entity, or
the public utility furnishing the electric service.
* * * * * * * * * * * *
SUBSECTION 3.___. AMENDMENTS TO SECTION 8.10.00 HEARING EXAMINER
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Section 8.10.00 Hearing Examiner, of Ordinance 04-41, as amended, the Collier County Land
Development Code, is hereby amended to read as follows:
Section 8.10.00 Hearing Examiner
A. Establishment and Powers. The Board of County Commissioners established the office
of the Hearing Examiner by County Ord. No. 2013-25, as it may be amended from time
to time, with the powers and duties set forth therein.
B. Role on Planning Commission. The Hearing Examiner may sit as a member of the
Collier County Planning Commission as long as the Planning Commission serves
solely in an advisory body capacity to the Board of County Commissioners. While a
Hearing Examiner is employed by the County, a All powers and duties expressly
granted to the Hearing Examiner, either through the Collier County Hearing Examiner
Ordinance (No. 2013-25, as may be amended) or through future resolutions, preempt
the Collier County Planning Commission, or the Board of Zoning Appeals, as the case
may be, with respect to the established procedures set forth in the Collier County Land
Development Code.
C. Remand of Development Order. The Board of County Commissioners, by majority vote
may remand or send any petition involving a public hearing or any matter to the Hearing
Examiner for the sole purpose of opining on a legal or technical land use issue raised
during the hearing. The Hearing Examiner will issue a non-binding recommendation to
the Board with respect to the issue remanded, which recommendation shall become part
of the record when the matter is again heard by the Board.
* * * * * * * * * * * *
SUBSECTION 3.___. AMENDMENTS TO SECTION 9.02.06 REQUIRED NOTICES FOR
VESTED RIGHTS DETERMINATION PROCESS, INCLUDING PUBLIC
HEARINGS
Section 9.02.06 Required Notices for Vested Rights Determination Process, Including Public
Hearings, of Ordinance 04-41, as amended, the Collier County Land Development Code, is
hereby amended to read as follows:
Section 9.02.06 Required Notices for Vested Rights Determination Process, Including Public
Hearings
* * * * * * * * * * * * *
B. Public notice for vested rights determination hearings held pursuant to section 9.02.04 or
section 9.02.08 must be provided by legal advertisement publication at least one time in
a newspaper of general circulation at least fifteen (15) days in advance of any public
hearing stating the time, place, purpose of such hearing, including a brief statement of
the nature of the claim.
* * * * * * * * * * * *
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SUBSECTION 3.___. AMENDMENTS TO SECTION 9.03.02 REQUIREMENTS FOR
CONTINUATION OF NONCONFORMITIES
Section 9.03.02 Requirements for Continuation of Nonconformities, of Ordinance 04-41, as
amended, the Collier County Land Development Code, is hereby amended to read as follows:
Section 9.03.02 Requirements for Continuation of Nonconformities
Where, at the effective date of adoption or relevant amendment of the LDC, lawful use of lands
or waters exists which would not be permitted under the LDC, the use may be continued, so
long as it remains otherwise lawful, provided:
* * * * * * * * * * * * *
D. Change in use. If no structural alterations are made, any nonconforming use of a
structure, or of a structure and premises in combination may be changed to another
nonconforming use of the same character, or to a more restricted nonconforming use,
provided the Hearing Examiner, or bBoard of zZoning aAppeals after CCPC
recommendation, upon application to the County Manager or designee, shall find after
public notice and hearing that the proposed use is equally or more appropriate to the
district than the existing nonconforming use and that the relation of the structure to
surrounding properties is such that adverse effect on occupants and neighboring
properties will not be greater than if the existing nonconforming use is continued. In
permitting such change, the Hearing Examiner, or bBoard of zZoning aAppeals after
CCPC recommendation, may require appropriate conditions and safeguards in
accordance with the intent and purpose of the LDC.
* * * * * * * * * * * * *
SUBSECTION 3.___. AMENDMENTS TO SECTION 9.03.03 TYPES OF NONCONFORMITIES
Section 9.03.03 Types of Nonconformities, of Ordinance 04-41, as amended, the Collier County
Land Development Code, is hereby amended to read as follows:
Section 9.03.03 Types of Nonconformities
* * * * * * * * * * * *
B. Nonconforming structures. Where a structure lawfully exists at the effective date of the
adoption of this ordinance or relevant amendment that could not be built under the LDC
by reason of restrictions on lot area, lot coverage, height, yards, location on the lot, or
requirements other than use concerning the structure, such structure may be continued
so long as it remains otherwise lawful, subject to the following provisions:
* * * * * * * * * * * * *
4. Nonconforming residential structures, which for the purpose of this section shall
mean detached single-family dwellings, duplexes or mobile homes in existence
at the effective date of this zoning Code or its relevant amendment and in
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continuous residential use thereafter, may be altered, expanded, or replaced
upon recommendation approval of the Hearing Examiner by decision or Collier
County Planning Commission and approval of the Board of Zoning Appeals by
resolution after CCPC recommendation.
5. Notwithstanding the foregoing restrictions as to reconstruction, any residential
structure or structures in any residential zone district may be rebuilt after
destruction to the prior extent, height and density of units per acre regardless of
the percentage of destruction, subject to compliance with the applicable building
code requirements in effect at the time of redevelopment. In the event of such
rebuilding, all setbacks and other applicable district requirements shall be met
unless a variance therefore is obtained from the Board of Zoning Appeals. For
the purpose of this section, a hotel, motel, or boatel shall be considered to be a
residential structure. Since the size and nature of the alteration, expansion or
replacement of such nonconforming structures may vary widely, a site plan, and
if applicable, preliminary building plans indicating the proposed alteration,
expansion or replacement shall be presented with each petition. Prior to granting
such alteration, expansion or replacement of a nonconforming single-family
dwelling, duplex or mobile home, the Hearing Examiner or Planning Commission
and the BCC Board of Zoning Appeals after CCPC recommendation shall
consider and base its approval on the following standards and criteria:
* * * * * * * * * * * * *
SUBSECTION 3.___. AMENDMENTS TO SECTION 9.03.07 NONCONFORMITIES
CREATED OR INCREASED BY PUBLIC ACQUISITION
Section 9.03.07 Nonconformities Created or Increased by Public Acquisition, of Ordinance 04-
41, as amended, the Collier County Land Development Code, is hereby amended to read as
follows:
Section 9.03.07 Nonconformities Created or Increased by Public Acquisition
* * * * * * * * * * * *
D. Post Take Plan. This section addresses the development, review and approval of post-
take cure plans for remainder properties to mitigate and/or eliminate the negative and
potentially costly impacts resulting from the taking of a property for public purposes. In
such cases, it may be determined to be in the public interest to allow some deviations
from applicable LDC or PUD provisions, or Conditional Use requirements, in order to
accommodate site modifications and/or enhancements, designed to cure, remedy,
mitigate, minimize or resolve otherwise negative site impacts resultant from public
acquisition.
* * * * * * * * * * * * *
4. Approval Criteria and Process.
a. If no written objection is received within 30 days of the date of mailing of
the notice, the Post Take Plan is deemed approved.
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b. If an abutting property owner who receives a notice submits a written
objection to Collier County within 30 days of the date of mailing of
notice, the matter shall be scheduled for public hearing before the
Collier County Planning Commission (CCPC) Hearing Examiner (HEX),
or if the Hearing Examiner has a conflict, then by the Planning
Commission. In such cases, the Board of County Commissioners
delegates the authority to review the Post Take Plan to the CCPC and
includes this review as part of the CCPC powers and duties under the
Collier County Code of Laws and Ordinances section 2-1156 - 2-1164.
Public notice for the hearing shall comply with LDC section 10.03.05 C,
as may be applicable, and shall specifically note the location of the
property and the requested deviations. The HEX or CCPC, in
considering whether to approve, approve with conditions, or deny the
proposed Post Take Plan, shall consider the following:
i. Whether the deviation is the minimum amount necessary to
mitigate for the impacts of the acquisition, while still protecting
the public health, safety, and welfare; and
ii. Whether the County or property owner has or will mitigate for
impacts from the requested deviation(s) on neighboring
properties by maintaining or enhancing compatibility through
various measures, including but not limited to the installation of
additional landscape plantings or the installation of fences or
walls; and
iii. Whether the requested deviations are consistent with and further
applicable policies of the GMP and the requirements of the LDC,
PUD, or Conditional Use, as may be applicable.
5. Within 30 days of approval, approval with conditions, or denial of a Post Take
Plan by the HEX or CCPC, the applicant, affected property owner, or abutting
property owner may appeal the decision to the Board of Zoning Appeals. For the
purposes of this section, an aggrieved or adversely affected party is defined as
any person or group of persons which will suffer an adverse effect to any interest
protected or furthered by the Collier County Growth Management Plan, Land
Development Code, or building code(s). If an appeal is filed by an abutting
property owner, and said appeal is successful, Collier County shall reimburse
said appellant for the appeal application fee and any associated advertising
costs.
* * * * * * * * * * * * *
SUBSECTION 3.___. AMENDMENTS TO SECTION 9.04.06 SPECIFIC REQUIREMENTS
FOR VARIANCE TO THE COASTAL CONSTRUCTION SETBACK
LINE
Section 9.04.06 Specific Requirements for Variance to the Coastal Construction Setback Line,
of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby
amended to read as follows:
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Section 9.04.06 Specific Requirements for Variance to the Coastal Construction Setback Line
* * * * * * * * * * * *
B. Setback lines established under this LDC shall be reviewed upon petition of affected
riparian upland owners. The Hearing Examiner or BZA BCC of Collier County shall
decide, after due public notice and hearing, whether a change in the setback line is
justified, and shall notify the petitioner in writing. The present setback lines are
presumed to be correct, and no change in setback lines are presumed to be correct,
and no change in setback lines shall be made except upon an affirmative showing by
petitioner that any construction line established hereunder is a minimum of 150 feet
landward of the mean high-water line or seventy-five (75) feet landward of the
vegetation line whichever is greater; and that considering ground elevations in relation
to historical storm and hurricane tides, predicted maximum wave uprush, beach and
offshore ground contours, the vegetation line, erosion trends, the dune or bluff line, if
any exist, and existing upland development, that the general public health and welfare
are preserved, upland properties protected, and beach and sand dune erosion
controlled.
* * * * * * * * * * * * *
G. Procedures for obtaining variance.
* * * * * * * * * * * * *
2. Notice and public hearing for coastal construction setback line variances. An
application for coastal construction setback line (CCSL) variance shall be
considered by the Hearing Examiner or BZA BCC pursuant to the following public
notice and hearing requirements.
a. The applicant shall post a sign at least 45 days prior to the date of the
public hearing by the Hearing Examiner or BZA BCC. The sign shall
contain substantially the following language and the sign copy shall utilize
the total area of the sign:
PUBLIC HEARING REQUESTING
CCSL VARIANCE APPROVAL (both to contain the following information:)
TO PERMIT: (Sufficiently clear to describe the type of variance
requested).
DATE: _______
TIME: _______
TO BE HELD IN HEARING EXAMINER or BOARD OF COUNTY
COMMISSIONERS MEETING ROOM, COLLIER COUNTY
GOVERNMENT CENTER.
* * * * * * * * * * * * *
d. In the case of sign(s) located on a property one acre or more in size, the
applicant shall be responsible for erecting the required sign(s). The
sign(s) shall be erected in full view of the public on each street upon
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which the subject property has frontage and on the side of the property
visible from the beach. Where the subject property is landlocked, or for
some other reason the sign(s) cannot be posted directly on the property,
then the sign(s) shall be erected along the nearest street right-of-way,
with an attached notation indicating generally the distance and direction
to the subject property. There shall be at least one sign on each external
boundary which fronts upon a street, however, in the case of external
boundaries along a street with greater frontages than 1,320 linear feet,
signs shall be placed equidistant from one another with a maximum
spacing of 1,000 linear feet, except that in no case shall the number of
signs along an exterior boundary fronting on a street exceed four signs.
The applicant shall provide evidence to the County Manager or designee
that the sign(s) were erected by furnishing photographs of the sign(s)
showing the date of their erection at least ten days prior to the scheduled
public hearing by the BCC. The sign(s) shall remain in place until the date
of either of the following occurrences:
1. Final action is taken by the Hearing Examiner or BZA BCC; or
2. The receipt of a written request by the County Manager or
designee from the applicant to either withdraw or continue the
petition indefinitely.
e. Notice of the time and place of the public hearing by the BCC Hearing
Examiner or BZA shall be legally advertised in a newspaper of general
circulation in the county at least one time and at least 15 days prior to the
public hearing. Where applicable, the notice shall clearly describe the
proposed variance. The advertisement shall also include a location map
that identifies the approximate geographic location of the subject
property.
f. The BCC Hearing Examiner or BZA shall hold one advertised public
hearing on the proposed variance and may, upon the conclusion of the
hearing, immediately adopt the decision or resolution, as applicable,
approving the variance.
3. The BCC Hearing Examiner or BZA shall notify petitioner in writing of its decision
within 15 days of the public hearing.
4. Any person aggrieved by a decision of the BCC Hearing Examiner or BZA
granting or denying a variance may apply to the circuit court of the circuit in
which the property is located for judicial relief within 30 days after rendition of the
decision by the BCC Hearing Examiner or BZA. Review in the circuit court shall
be by petition for a writ of certiorari and shall be governed by the Florida
Appellate Rules.
* * * * * * * * * * * * *
SUBSECTION 3.___. AMENDMENTS TO SECTION 10.02.03 REQUIREMENTS FOR SITE
DEVELOPMENT, SITE IMPROVEMENT PLANS AND AMENDMENTS
THEREOF
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Section 10.02.03 Requirements for Site Development, Site Improvement Plans and
Amendments thereof, of Ordinance 04-41, as amended, the Collier County Land Development
Code, is hereby amended to read as follows:
Section 10.02.03 Requirements for Site Development, Site Improvement Plans and
Amendments thereof
* * * * * * * * * * * * *
I. Electronic data requirements for site development plans, site improvement plans, and
amendments thereof. After the final site plan has been approved by the County Manager
or designee During the review process for compliance with the LDC, as provided in this
section, the applicant's professional engineer shall also submit digitally created
construction/site plan documents, in an electronic format acceptable to the County
Manager or designee. 1 disk (CDROM) of the master plan file, including, where
applicable, easements, water/wastewater facilities, and stormwater drainage system.
The digital data to be submitted shall follow these formatting guidelines: All data shall be
delivered in the state plane coordinate system, with a Florida East Projection, and a
North American Datum 1983/1990 (NAD83/90 datum), with United States Survey Feet
(USFEET) units; as established by a Florida registered professional surveyor and
mapper. All information shall have a maximum dimensional error of +0.5 feet. Files shall
be in an AutoCAD (DWG) or Digital Exchange File (DXF) format; information layers shall
have common naming conventions (i.e. right-of-way—ROW, centerlines—CL, edge-of-
pavement—EOP, etc.). For a plan to be deemed complete, the layering scheme must be
readily understood by county staff. All property information (parcels, lots, and requisite
annotation) shall be drawn on a unique information layer, with all linework pertaining to
the property feature located on that layer. Example: parcels—All lines that form
the parcel boundary will be located on 1 parcel layer. Annotations pertaining to property
information shall be on a unique layer. Example: Lot dimensions—Lottxt layer.
* * * * * * * * * * * *
SUBSECTION 3.___. AMENDMENTS TO SECTION 10.02.04 REQUIREMENTS FOR
PRELIMINARY AND FINAL SUBDIVISION PLATS
Section 10.02.04 Requirements for Preliminary and Final Subdivision Plats, of Ordinance 04-41,
as amended, the Collier County Land Development Code, is hereby amended to read as
follows:
Section 10.02.04 – Requirements for Preliminary and Final Subdivision Plats
* * * * * * * * * * * * *
B. Construction Plans and Final Subdivision Plats (PPLs). Construction plans and final
subdivision plats are commonly referred to as "plans and plat."
* * * * * * * * * * * * *
2. Application for Construction Plans and Final Subdivision Plats
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* * * * * * * * * * * * *
e. Improvements for construction plans and final subdivision plats are
identified in the LDC section 10.02.04 C, and are required in conjunction
with the subdivision and development of any and all property pursuant to
LDC section 10.02.03 within the unincorporated areas of the County. All
required improvements shall be designed and constructed in accordance
with the design requirements and specifications of the entity having
responsibility for approval, including all federal, state, and local agencies.
Construction plans for final subdivision plats shall include at a minimum:
* * * * * * * * * * * * *
iv. Street lighting. Plans for streetlights shall bear the approval of the
utility authorities involved. If the street lighting system is to be
privately owned and maintained by a property owners' association
or similar entity, it shall be designed by the applicant's
professional engineer;
* * * * * * * * * * * * *
3. County Manager review of construction plans and final subdivision plats.
* * * * * * * * * * * * *
d. Digital submission. After the final subdivision plat has been approved by
the County Manager or designee for During the review process for
compliance with the LDC, as provided in this section, the applicant shall
resubmit 5 certified sets of the approved construction plans along with
approved copies of all required county permits. The applicant's
professional engineer shall also submit a set of digitally created
construction/site plan documents in a format acceptable to the County
Manager or designee, 1 disk (CDROM) of the in an acceptable electronic
format. master plan file, including, where applicable, easements,
water/wastewater facilities, and stormwater drainage system. The digital
data to be submitted shall follow these formatting guidelines: All data shall
be delivered in the state plane coordinate system, with a Florida East
Projection, and a North American Datum 1983/1990 (NAD83/90 datum),
with United States Survey Feet (USFEET) units; as established by a
Florida registered professional surveyor and mapper. All information shall
have a maximum dimensional error of +0.5 feet. Files shall be in an
AutoCAD (DWG) or Digital Exchange File (DXF) format; information
layers shall have common naming conventions (i.e. right-of-way—ROW,
centerlines—CL, edge-of-pavement—EOP, etc.). For a plan to be
deemed complete, the layering scheme must be readily understood by
county staff. All property information (parcels, lots, and requisite
annotation) shall be drawn on a unique information layer, with all linework
pertaining to the property feature located on that layer. Example:
parcels—All lines that form the parcel boundary will be located on 1
parcel layer. Annotations pertaining to property information shall be on a
unique layer. Example: lot dimensions—Lottxt layer.
* * * * * * * * * * * * *
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SUBSECTION 3.___. AMENDMENTS TO SECTION 10.02.05 CONSTRUCTION, APPROVAL,
AND ACCEPTANCE OF REQUIRED IMPROVEMENTS
Section 10.02.05 Construction, Approval, and Acceptance of Required Improvements, of
Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended
to read as follows:
Section 10.02.05 Construction, Approval, and Acceptance of Required Improvements
* * * * * * * * * * * *
B. Preliminary Acceptance of Required Subdivision Improvements by the County Engineer
or designee. Preliminary acceptance by the County Engineer or designee shall identify
that the subdivision or development is substantially safe for public occupancy.
* * * * * * * * * * * * *
2. Submittal requirements. Upon completion of all required improvements contained
in the approved construction plans, the applicant's professional engineer of
record shall provide the following materials for the review by the County Engineer
or designee:
* * * * * * * * * * * * *
f. Digital submission. The applicant's professional engineer shall also
submit digitally created construction/site plan documents, including 1 disk
(CDROM) of in an electronic format acceptable to the County Manager or
designee, the master plan file, including, where applicable, easements,
water/wastewater facilities, and stormwater drainage system. The digital
data to be submitted shall follow these formatting guidelines: All data shall
be delivered in the state plane coordinate system, with a Florida East
Projection, and a North American Datum 1983/1990 (NAD83/90 datum),
with United States Survey Feet (USFEET) units; as established by a
Florida registered professional surveyor and mapper. All information shall
have a maximum dimensional error of +0.5 feet. Files shall be in an
AutoCAD (DWG) or Digital Exchange File (DXF) format; information
layers shall have common naming conventions (i.e. right-of-way—ROW,
centerlines—CL, edge-of-pavement—EOP, etc.). For a plan to be
deemed complete, the layering scheme must be readily understood by
county staff. All property information (parcels, lots, and requisite
annotation) shall be drawn on a unique information layer, with all linework
pertaining to the property feature located on that layer. Example:
parcels—All lines that form the parcel boundary will be located on 1
parcel layer. Annotations pertaining to property information shall be on a
unique layer. Example: lot dimensions—Lottxt layer. In addition, a copy of
applicable measurements, tests and reports made on the work and
material during the progress of construction must be furnished. The
record construction data shall be certified by the applicant's professional
engineer and professional surveyor and mapper and shall include but not
be limited to the following items which have been obtained through
surveys performed on the completed required improvements:
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* * * * * * * * * * * * *
SUBSECTION 3.___. AMENDMENTS TO SECTION 10.02.06 REQUIREMENTS FOR PERMITS
Section 10.02.06 Requirements for Permits, of Ordinance 04-41, as amended, the Collier
County Land Development Code, is hereby amended to read as follows:
Section 10.02.06 Requirements for Permits
* * * * * * * * * * * *
K. Comparable Use Determination.
1. The following Comparable Use Determination (CUD) shall be used to determine
whether a use at a site-specific location is comparable in nature and consistent
with the list of permitted uses, and the purpose and intent statement of the
zoning district, overlay, or PUD. Approval of a CUD made at one location shall
not be construed to mean the use is entitled in a different location.
* * * * * * * * * * * *
SUBSECTION 3.___. AMENDMENTS TO SECTION 10.02.11 SUBMITTAL OF STREETLIGHT
PLANS
Section 10.02.11 Submittal of Streetlight Plans, of Ordinance 04-41, as amended, the Collier
County Land Development Code, is hereby amended to read as follows:
Section 10.02.11 Submittal of Streetlight Plans
A. Streetlights. All street lighting plans shall be prepared by an electrical a professional
engineer.
* * * * * * * * * * * *
SUBSECTION 3.___. AMENDMENTS TO SECTION 10.02.13 PLANNED UNIT
DEVELOPMENT (PUD) PROCEDURES
Section 10.02.13 Planned Unit Development (PUD) Procedures, of Ordinance 04-41, as
amended, the Collier County Land Development Code, is hereby amended to read as follows:
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Section 10.02.13 Planned Unit Development (PUD) Procedures
A. Generally. Applications for amendments to, or rezoning to, PUD shall be in the form of a
PUD master plan of development along with a list of permitted and accessory uses and
a development standards table. The PUD application shall also include a list of
developer commitments and any proposed deviations from the LDC. The PUD master
plan shall have been designed by an urban planner who possesses the education and
experience to qualify for full membership in the American Institute of Certified Planners;
and/or a landscape architect who possesses the education and experience to qualify for
full membership in the American Society of Landscape Architects, together with either a
practicing civil engineer licensed by the State of Florida, or a practicing architect licensed
by the State of Florida.
* * * * * * * * * * * * *
2. PUD application. The applicant shall submit data supporting and describing the
petition for rezoning to PUD that includes a development standards table,
developer commitments and a list of deviations from the LDC. Dimensional
standards shall be based upon an established zoning district that most closely
resembles the development strategy, particularly the type, density and intensity,
of each proposed land use. The PUD application shall include the information
identified in the Administrative Code unless determined by the Planning and
Zoning Director County Manager or designee to be unnecessary to describe
the development strategy.
3. Deviations from master plan elements. The Zoning and Land Development
Review Department Director County Manager or designee may exempt a petition
from certain required elements for the PUD master plan identified in the
Administrative Code when the petition contains conditions which demonstrate the
element may be waived and will not have a detrimental effect on the health,
safety and welfare of the community. All exemptions shall be noted within the
PUD submittal and provided to the Board of County Commissioners.
* * * * * * * * * * * * *
B. Procedures for planned unit development zoning. Petitions for rezoning to PUD in
accordance with LDC section 10.02.08, shall be submitted and processed as for a
rezoning amendment generally pursuant to LDC section 10.02.08 and in accordance
with the following special procedures:
1. Pre-application meeting. Prior to the submission of a formal application for
rezoning to PUD, the applicant shall confer with the Planning and Zoning
Department Director County Manager’s designee and other County staff,
agencies, and officials involved in the review and processing of such applications
and related materials. The applicant is further encouraged to submit a tentative
land use sketch plan for review at the pre-application meeting, and to obtain
information on any projected plans or programs relative to possible applicable
Federal or State requirements or other matters that may affect the proposed
PUD. The pre-application meeting should address, but is not limited to, the
following:
* * * * * * * * * * * * *
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E. Changes and amendments. There are three types of changes to a PUD Ordinance:
Substantial, Insubstantial, and Minor.
* * * * * * * * * * * *
2. Insubstantial change determination. An insubstantial change includes any
change that is not considered a substantial or minor change. An insubstantial
change to an approved PUD Ordinance shall be based upon an evaluation of
LDC subsection 10.02.13 E.1 and shall require the review and approval of the
Planning Commission Hearing Examiner, or if the Hearing Examiner has a
conflict, then by the Planning Commission. The Planning Commission approval
Hearing Examiner’s decision or CCPC’s approval shall be based on the findings
and criteria used for the original application and be an action taken at a regularly
scheduled meeting.
a. The applicant shall provide the Planning and Zoning Department Director
County Manager or designee documentation which adequately describes
the proposed changes as described in the Administrative Code.
3. Minor changes. The following are considered minor changes, and may be
approved by the County Manager or designee under the procedures established
in the Administrative Code.
a. Educational and ancillary plants exception. When a PUD is amended for
the sole purpose of adding an Educational and/or ancillary plant, that
PUD will not be subject to the review process outlined in LDC
section 10.02.13 E.1. The review conducted will be limited to the impacts
that the Educational or ancillary plant will have on the surrounding uses.
b. The County Manager or designee shall also be authorized to allow minor
changes to the PUD master plan during its subdivision improvements
plan or site development plan process to accommodate topography,
vegetation and other site conditions not identified or accounted for during
its original submittal and review and when said changes have been
determined to be compatible with adjacent land uses, have no impacts
external to the site, existing or proposed, and is otherwise consistent with
the provisions of this code and the growth management plan. Such
changes shall include:
i. Internal realignment of rights-of-way, including a relocation
of access points to the PUD itself, where no water management
facility, conservation/preservation areas, or
required easements are affected or otherwise provided for.
ii. Relocation of building envelopes when there is no encroachment
upon required conservation or preservation areas.
iii. Relocation of swimming pools, clubhouses, or other recreation
facilities when such relocation will not affect adjacent properties or
land uses.
iv. Relocation or reconfiguration of lakes, ponds, or other water
facilities subject to the submittal of revised water management
plans, or approval of the EAC where applicable.
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Minor changes of the type described above, including minor text changes,
shall nevertheless be reviewed by appropriate staff to ensure that said
changes are otherwise in compliance with all county ordinances and
regulations prior to the Planning and Zoning Department Director's
County Manager or designee’s consideration for approval.
c. Affordable housing commitments. Beginning October 3, 2012 the County
Manager or designee shall be authorized to make minor text changes to
remove affordable housing commitments to pay an affordable housing
contribution in PUDs, Development Agreements, and Settlement
Agreements if the following conditions are met:
i. The applicant notices property owners in writing in accordance
with LDC section 10.03.06 T.
ii. If no written objection is received, the request to remove
commitments is deemed approved.
iii. If a property owner who receives notice submits a written
objection within 30 days of mailing of the notice, the matter shall
be scheduled for public hearing before the Board of County
Commissioners Hearing Examiner. Public notice shall comply with
LDC sections 10.03.05 and 10.03.06 T.
F. PUD Monitoring Report requirements. In order to ensure and verify that approved project
densities or intensities of land use will not be exceeded and
that development commitments will be fulfilled and are consistent with
the development's approved transportation impact study, annual monitoring reports must
be submitted by the owner(s) of a PUD to the County Manager or designee.
* * * * * * * * * * * * *
4. County will be given at least 6 month's prior written notice to a change in
ownership, to a community association, including but not limited to transfer of
all or part of the development to a Home Owners Association, Property Owners
Association, Master Association, or similar entity. Change in ownership of
portions of a PUD development shall not absolve the original owner of the
requirement to file an annual monitoring report. Transferring responsibility for
filing the annual monitoring report to an entity other than the original owner may
be demonstrated in the form of an executed agreement between the original
owner and the new entity which when filed with the Planning and Zoning
Department Director County Manager or designee shall automatically transfer
responsibility for filing that annual monitoring report.
* * * * * * * * * * * * *
H. Interpretations of PUD documents. The Planning Services Department Director County
Manager or designee shall be authorized to interpret the PUD document and PUD
master plan.
* * * * * * * * * * * * *
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L. Common open space or common facilities. Any common open space or common
facilities established by an adopted master plan of development for a PUD district shall
be subject to the following:
* * * * * * * * * * * * *
2. In the event that the organization established to own and maintain common open
space or common facilities, or any successor organization, shall at any time after
the establishment of the PUD fail to meet conditions in accordance with the
adopted PUD master plan of development, the Planning and Zoning Director
County Manager or designee may serve written notice upon such organization
and/or the owners or residents of the planned unit development and hold a public
hearing. If deficiencies of maintenance are not corrected within 30 days after
such notice and hearing, the Planning and Zoning Director County Manager or
designee shall call upon any public or private agency to maintain the common
open space for a period of 1 year. When the Planning and Zoning Director
County Manager or designee determines that the subject organization is not
prepared or able to maintain the common open space or common facilities, such
public or private agency shall continue maintenance for yearly periods.
* * * * * * * * * * * *
SUBSECTION 3.___. AMENDMENTS TO SECTION 10.02.15 REQUIREMENTS FOR MIXED
USE PROJECTS WITHIN THE BAYSHORE GATEWAY TRIANGLE
REDEVELOPMENT AREA
Section 10.02.15 Requirements for Mixed Use Projects within the Bayshore Gateway Triangle
Redevelopment Area, of Ordinance 04-41, as amended, the Collier County Land Development
Code, is hereby amended to read as follows:
Section 10.02.15 Requirements for Mixed Use Projects within the Bayshore Gateway Triangle
Redevelopment Area
A. Mixed Use Project Approval Types. Owners of property located in the Bayshore
Gateway Triangle Redevelopment Area designated as Neighborhood Commercial (BZO-
NC), Waterfront (BZO-W), and Mixed Use (GTZO-MXD) Subdistricts may submit an
application for a Mixed Use Project (MUP). The MUP shall allow for a mixture of
residential and commercial uses, as permitted under the Table of Uses for the
appropriate subdistrict. Applications for a MUP may be approved administratively or
through a public hearing process as described in this section. A pre-application meeting
is required for all MUP applications.
* * * * * * * * * * * * *
2. MUPs Requiring Public Hearing:
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a. MUPs that do not meet the thresholds for administrative approval may be
approved by the BZA BCC after recommendation by the CCPC through a
public hearing process.
* * * * * * * * * * * * *
c. There shall be a public hearing before the BZA Planning Commission and
BCC legally noticed and advertised pursuant to LDC section 10.03.06.
d. After a Mixed Use Project has been approved by the BZA BCC, the
applicant shall submit a site development plan (SDP) consistent with the
conceptual site plan approved by the BZA BCC and meeting the
requirements of LDC section 10.02.03 B. The SDP may be submitted
concurrent with the MUP application at the applicant's risk.
* * * * * * * * * * * *
SUBSECTION 3.___. AMENDMENTS TO SECTION 10.03.06 PUBLIC NOTICE AND
REQUIRED HEARINGS FOR LAND USE PETITIONS
Section 10.03.06 Public Notice and Required Hearings for Land Use Petitions, of Ordinance 04-
41, as amended, the Collier County Land Development Code, is hereby amended to read as
follows:
Section 10.03.06 – Public Notice and Required Hearings for Land Use Petitions
This section shall establish the requirements for public hearings and public notices. This
section shall be read in conjunction with LDC section 10.03.05 and Chapter 8 of the
Administrative Code, which further establishes the public notice procedures for land use
petitions.
A. Ordinance or resolution that is initiated by County or a private entity which does not
change the zoning atlas or actual list of uses in a zoning category but does affect the
use of land, including, but not limited to, land development code regulations as defined
in F.S. § 163.3202, regardless of the percentage of the land affected. This is
commonly referred to as a LDC amendment.
* * * * * * * * * * * * *
2. The following notice procedures are required:
a. Newspaper Legal Advertisement prior to each advertised public hearing
in accordance with F.S. § 125.66.
B. Ordinance or resolution for a rezoning, or a PUD amendment, or a conditional use. For
minor conditional use notice requirements see 10.03.06 C, below and for County
initiated rezonings, see LDC section 10.03.06 K.:
1. The following advertised public hearings are required:
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a. One Planning Commission and, if required, an Environmental Advisory
Council hearing.
b. One BCC or BZA hearing.
2. The following notice procedures are required:
* * * * * * * * * * * * *
c. Newspaper Legal Advertisement prior to each advertised public hearing
in accordance with F.S. § 125.66.
* * * * * * * * * * * * *
C. Minor conditional use.
1. The following advertised public hearings are required:
a. One Hearing Examiner hearing. If not heard by the Hearing Examiner,
then pursuant to LDC section 10.03.06 B and if directed by a single Board
member, one Planning Commission and BZA.
* * * * * * * * * * * * *
c. Newspaper Legal Advertisement prior to the advertised public hearing.
* * * * * * * * * * * * *
D. Conditional use extension, or conditional use re-review:
* * * * * * * * * * * * *
2. The following notice procedures are required:
* * * * * * * * * * * * *
b. Newspaper Legal Advertisement prior to the advertised public hearing.
* * * * * * * * * * * * *
E. Ordinance or resolution for comprehensive plan amendments:
* * * * * * * * * * * * *
2. The following notice procedures are required:
a. Small-scale amendments:
* * * * * * * * * * * * *
iii. Newspaper Legal Advertisement prior to each advertised public
hearing.
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* * * * * * * * * * * * *
F. Variance, pursuant to LDC section 9.04.02 or a sign variance, pursuant to LDC
section 5.06.08:
1. The following advertised public hearings are required:
a. One Planning Commission or Hearing Examiner hearing.
b. If heard Hearing Examiner has a conflict, by the one Planning
Commission, and one BZA hearing.
2. The following notice procedures are required:
a. Newspaper Legal Advertisement prior to each advertised public hearing.
* * * * * * * * * * * * *
G. Parking exemption, pursuant to LDC section 4.05.02 K.3:
1. The following advertised public hearing is required:
a. One Planning Commission or Hearing Examiner hearing.
b. If heard by the Hearing Examiner has a conflict, one Planning
Commission, and BZA hearing.
2. The following notice procedures are required:
* * * * * * * * * * * * *
c. Newspaper Legal Advertisement prior to the advertised public hearing.
* * * * * * * * * * * * *
H. PUD Insubstantial Change (PDI) or Boat Dock Facility Extension, Boathouse
Establishment, or Boat Dock Canopy Deviation:
1. The following advertised public hearings are required:
a. One Planning Commission or Hearing Examiner hearing.
b. If Hearing Examiner has a conflict, one Planning Commission hearing.
2. The following notice procedures are required:
a. For a PDI, a NIM. See LDC section 10.03.05 A. However, upon written
request by the applicant, the Hearing Examiner has the discretion to
waive the NIM after the first set of staff review comments have been
issued.
b Mailed Notice prior to the advertised public hearing.
c. Newspaper Legal Advertisement prior to the advertised public hearing.
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d. Posting of a sign prior to the advertised public hearing.
I. Ordinance or resolution for the establishment, amendment to, or the abandonment of a
Development of Regional Impact (DRI):
1. The following advertised public hearings are required:
a. One Planning Commission hearing.
b. One BCC hearing.
2. The following notice procedures are required:
a. In accordance with F.S. § 380.06 and the Florida Administrative Code.
* * * * * * * * * * * * *
J. Ordinance or resolution that is initiated by the BCC and will change the zoning map
designation of less than 10 contiguous acres of land. This is commonly referred to as a
rezone.
* * * * * * * * * * * * *
2. The following notice procedures are required:
* * * * * * * * * * * * *
b. Newspaper Legal Advertisement prior to each advertised public hearing.
The advertisement for the Planning Commission hearing shall include a
project location map.
* * * * * * * * * * * * *
K. Ordinance or resolution that is initiated by the BCC and will change the zoning map
designation of more than 10 contiguous acres of land or more or an ordinance or
resolution that will change the actual list of permitted, conditional, or prohibited uses of
land within a zoning category. This is commonly referred to as a rezone or LDC
amendment:
* * * * * * * * * * * * *
2. The following notice procedures are required:
* * * * * * * * * * * * *
b. Newspaper Legal Advertisement prior to the BCC hearings in accordance
with F.S § 125.66 (4) including a project location map.
i. In lieu of the newspaper legal advertisement, the BCC may mail a
written notice to property owners within the area covered by the
proposed ordinance or resolution. The notice shall include the
time, place and location of both the public hearings before the
BCC.
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ii. The first BCC hearing shall be held at least seven days after the
first advertisement is published. The second hearing shall be held
at least ten days after the first hearing and shall be advertised at
least five days prior to the public hearing.
* * * * * * * * * * * *
L. Ordinance or resolution for a Stewardship Sending Area (SSA) and SSA amendments:
* * * * * * * * * * * * *
2. The following notice procedures are required:
a. Newspaper Legal Advertisement prior to the advertised public hearing
pursuant to LDC section 4.08.06 E.1.
M. Resolution or decision for a Stewardship Receiving Area (SRA) and SRA
amendments.
* * * * * * * * * * * * *
2. The following notice procedures are required:
a. SRA designation or SRA substantial change:
* * * * * * * * * * * * *
iii. Newspaper Legal Advertisement prior to each advertised public
hearing in accordance with F.S. § 125.66.
* * * * * * * * * * * * *
b. SRA insubstantial change:
* * * * * * * * * * * * *
iii. Newspaper Legal Advertisement prior to the advertised public
hearing.
N. Ordinance or resolution for an MUP located in the mixed use subdistrict of the BZO or
GTZO which seeks to utilize the Density Bonus Pool Allocation or request deviations
exceeding administrative approval, pursuant to LDC section 10.02.15:
* * * * * * * * * * * * *
2. The following notice procedures are required:
* * * * * * * * * * * * *
c. Newspaper Legal Advertisement prior to each advertised public hearing.
O. Approval of Comparable Use Determination pursuant to LDC section 10.02.06 K.
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1. The following advertised public hearings are required:
a. One CCPC or Hearing Examiner or if Board directed, one BZA hearing.
b. If heard by the Planning Commission , one BZA hearing.
2. The following notice procedures are required:
a. Newspaper Legal Advertisement prior to the advertised public hearing in
accordance with F.S. § 125.66.
* * * * * * * * * * * * *
P. Official Interpretations, pursuant to LDC section 1.06.00.
1. The following notice procedures are required for the interpretation of county wide
application of the Growth Management Plan, Land Development Code and
the building code:
a. Newspaper Legal Advertisement.
2. The following notice procedures are required for the interpretation affecting a
specific parcel of land.
* * * * * * * * * * * * *
c. Newspaper Legal Advertisement.
Q. Appeal of an Official Interpretation, pursuant to LDC section 1.06.00.
1. The following advertised public hearings are required:
a. One BZA or Hearing Examiner or if Board directed, one BZA hearing.
2. The following notice procedures are required:
a. Newspaper Legal Advertisement prior to the advertised public hearing in
accordance with F.S. § 125.66.
R. Site Plan with Deviations for Redevelopment, pursuant to LDC section 10.02.03 F,
deviations in the GGPOD, pursuant to LDC section 4.02.26 E., and the LBDPA, pursuant
to LDC section 4.02.16 C.13.
1. The following advertised public hearings are required:
a. One Planning Commission or Hearing Examiner hearing.
b. If heard by the Planning Commission , one BZA hearing.
b. If Hearing Examiner has a conflict, one Planning Commission hearing.
2. The following notice procedures are required:
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a. Newspaper Legal Advertisement prior to the advertised public hearing in
accordance with F.S. § 125.66.
b. Mailed Notice prior to the advertised public hearing.
c. Posting of a sign prior to the advertised public hearing.
S. Post Take Plan, pursuant to LDC section 9.03.07 D.
1. The following notice procedures are required:
* * * * * * * * * * * * *
b. If a Planning Commission or Hearing Examiner hearing is required, a
Newspaper Legal Advertisement.
2. The following advertised public hearings may shall be required:
a. If a written objection is received, one Planning Commission or Hearing
Examiner or BZA hearing.
T. Minor Change to a PUD to remove affordable housing contributions, pursuant to LDC
section 10.02.13 E.3.c.
* * * * * * * * * * * * *
2. The following advertised public hearings may be required:
a. If a written objection is received, one BCC or Hearing Examiner hearing.
b. If Hearing Examiner has a conflict, one Planning Commission hearing.
* * * * * * * * * * * * *
U. Automobile Service Station Facilities with Fuel Pumps Waiver pursuant to LDC section
5.05.05 and Alcohol Beverage Distance Waiver pursuant to LDC section 5.05.01.
1. The following advertised public hearings are required:
a. One BZA or Hearing Examiner hearing.
b. If Hearing Examiner has a conflict, one BZA hearing.
2. The following notice procedures are required:
* * * * * * * * * * * * *
b. Newspaper Legal Advertisement prior to the advertised public hearing .
* * * * * * * * * * * * *
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V. Nonconforming Use Change pursuant to LDC section 9.03.02 D and Nonconforming
Use Alteration, pursuant to LDC section 9.03.03 B 5.
1. The following advertised public hearings are required:
a. One Hearing Examiner or BZA hearing.
b. If Hearing Examiner has a conflict, one Planning Commission and BZA
hearing.
* * * * * * * * * * * * *
X. Stakeholder Outreach Meeting, pursuant to LDC section 5.05.15 C.3.
1. The following notice procedures are required:
a. Newspaper Legal advertisement at least 15 days prior to the Stakeholder
Outreach Meeting.
* * * * * * * * * * * * *
Y. Compatibility Design Review, pursuant to LDC section 5.05.15 F.
* * * * * * * * * * * * *
2. The following notice procedures are required:
a. Newspaper Legal advertisement at least 15 days prior to the advertised
public hearing.
b. Mailed notice sent by the applicant at least 15 days prior to the required
public hearings. For the purposes of this application, all mailed notices
shall be sent to property owners within 1,000 feet of the property lines of
the subject property.
Z. Events in County Right-of-Way, pursuant to LDC section 5.04.05 A.5.
* * * * * * * * * * * * *
2. The following notice procedures are required:
a. Newspaper Legal advertisement prior to the advertised public hearing in
accordance with F.S. 125.66.
* * * * * * * * * * * * *
SUBSECTION 3.___. AMENDMENTS TO SECTION 10.04.04 APPLICATIONS SUBJECT TO
TYPE III REVIEW
Section 10.04.04 Applications Subject to Type III Review, of Ordinance 04-41, as amended, the
Collier County Land Development Code, is hereby amended to read as follows:
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Section 10.04.04 Applications Subject to Type III Review
The following applications are subject to Type III review: Variances; Administrative Appeals;
Certificates of Appropriateness; cConditional uUses; nNonconforming Use Amendments and
Alterations; Vested Rights; flood Variances; Parking Agreements.
For a graphic depiction of the review procedure, please see Illustration 10.04.04 A.
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______________________________________________________________________________
Illustration 10.04.04 A.
SUBSECTION 3.___. AMENDMENTS TO SECTION 10.08.00 CONDITIONAL USE
PROCEDURES
Section 10.08.00 Conditional Use Procedures, of Ordinance 04-41, as amended, the Collier
County Land Development Code, is hereby amended to read as follows:
Section 10.08.00 Conditional Use Procedures
* * * * * * * * * * * *
C. Application. The Administrative Code shall establish the submittal requirements for a
conditional use application and minor conditional use change.
1. Conditional use application processing time. An application for a conditional use
will be considered "open," when the determination of "sufficiency" has been
made and the application is assigned a petition processing number. An
application for a conditional use will be considered "closed" when the applicant
withdraws the subject application through written notice or ceases to supply
necessary information to continue processing or otherwise actively pursue the
conditional use, for a period of 6 months. An application deemed "closed" will not
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receive further processing and shall be withdrawn and an application "closed"
through inactivity shall be deemed withdrawn. The Planning and Zoning
Department County Manager or designee will notify the applicant of closure by
certified mail, return receipt requested; however, failure to notify by the County
shall not eliminate the "closed" status of a petition. An application deemed
"closed" may be re-opened by submitting a new application, repayment of all
application fees and granting of a determination of "sufficiency." Further review of
the request will be subject to the then current LDC.
* * * * * * * * * * * * *
J. Changes and amendments. The County Manager or designee may approve minor
changes in the location, siting, or height of buildings, structures, and improvements
authorized by the conditional use. Additional u Uses or expansion of permitted uses not
shown on the conceptual site development plan or otherwise specifically provided for in
the conditional use application shall require the submission, review, and approval of a
new conditional use application.
K. Minor Conditional Uses. Minor conditional uses, and conditional use changes or
amendments, shall be heard by the Hearing Examiner, except for those requests that
require an Environmental Advisory Council review or, at the discretion of the Hearing
Examiner, are determined to be a matter of great public interest or concern. Additionally,
the Commissioner of the District in which the minor conditional use change is located
may direct the minor conditional use change to be heard by the Planning Commission in
an advisory capacity and then by the BZA for final action.
* * * * * * * * * * * * *
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.
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SECTION SIX: EFFECTIVE DATE
This Ordinance shall become effective upon filing with the Florida Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this ___ day of ______________, 2025.
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL, CLERK OF COLLIER COUNTY, FLORIDA
By:__________________________ By:________________________________
, Deputy Clerk Burt L. Saunders, Chairman
Approved as to form and legality:
__________________________
Heidi F. Ashton-Cicko
Managing Assistant County Attorney
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