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Backup Documents 10/28/2025 Item #17E BCC October 28, 2025 Martha S. Vergara BIE/LDCA-PL20250000180 7 E Procedural Inconsistencies/Corrections From: Ailyn Padron <Ailyn.Padron@coiiier.gov> Sent: Monday, September 29, 2025 11:50 AM To: Minutes and Records; Legal Notice Cc: Richard Henderlong; Eric Johnson;Wanda Rodriguez; Kathynell Crotteau; GMDZoningDivisionAds Subject: FW: Ad Request for Procedural Inconsistencies and Corrections (LDCA) (PL20250000180) 10/28/25 BCC Attachments: Ad Request.pdf; Business Impact Estimate-PL20250000180 -Revised.pdf; RE: 10/28/25 BCC- *Web*Ad Request for Procedural Inconsistencies and Corrections (LDCA) (PL20250000180) Follow Up Flag: Follow up Flag Status: Completed Good morning, M&R, Please post the attached Ad Request& BIE to the Collier Legal Notices webpage. Both documents will need to be advertised no later than October 8th and run through the hearing date. Staff approval is attached; CAO approval is below. Please note: This is a county-initiated petition, the legal advertising fee is not applicable. Thank you! Ailyn Padron Management Analyst I Zoning Office:239-252-5187 Collier Coun 2800 Horseshoe Dr. Naples, Florida 34104 (61 X el I Ailyn.Padron(a collier.gov My email address has changed. Effective immediately, please update your contact list to use this new address: Ailyn.Padrona,collier.gov From:Wanda Rodriguez<Wanda.Rodriguez@collier.gov> Sent: Monday, September 29, 2025 11:29 AM To:Ailyn Padron<Ailyn.Padron@collier.gov>; GMDZoningDivisionAds<GMDZoningDivisionAds@collier.gov> Cc: Richard Henderlong<Richard.Henderlong@collier.gov>; Kathynell Crotteau <Kathynell.Crotteau@collier.gov> Subject: re: Ad Request for Procedural Inconsistencies and Corrections (LDCA) (PL20250000180) 10/28/25 BCC Ailyn, i 1 7E Please make the following corrections to the BIE, and convert to PDF before sending to the clerk: 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: [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, TwTT'T TTnTT.*ram TIT,TTnT.T n1 n-r nT rrnT •Xr TnT.TTRT�TNI,TTf TT•TC.(`TTA TTT'T]TIIT TTI OTT, Otherwise, attorney approval is below. Thanks, 'Wanda Rodriguez, ..ACT, CT.'M Office of the County .Attorney (239) 252-8400 LERT I FIFQ k �Ny ®Q FLORIDA'S PINIU�I ERN ACP r ©ow:coup( m P*o6 SINCE Certified Public Manager ww,.d.as.vss, 2005 My email address has changed. Effective immediately, please update your contact list to use this new address: wanda.rod rig uez(a�collier.gov From: Heidi Ashton <Heidi.Ashton@collier.gov> Sent: Monday, September 29, 2025 11:16 AM To:Wanda Rodriguez<Wanda.Rodriguez@collier.gov> Cc: Kathynell Crotteau <Kathynell.Crotteau@collier.gov> Subject: FW: for your approval -Ad Request for Procedural Inconsistencies and Corrections(LDCA) (PL20250000180) 10/28/25 BCC Approved. Thank you! 2 1 E Head Asktovt-Ciclwo Managing Assistant County Attorney Office of the County Attorney 2800 North Horseshoe Drive, Suite 301 Naples, FL 34104 (23j) 252-2773 From:Wanda Rodriguez<Wanda.Rodriguez@collier.gov> Sent: Monday, September 29, 2025 10:42 AM To: Heidi Ashton <Heidi.Ashton@collier.gov> Cc: Kathynell Crotteau<Kathynell.Crotteau@collier.gov> Subject:for your approval -Ad Request for Procedural Inconsistencies and Corrections (LDCA) (PL20250000180) 10/28/25 BCC Heidi, Legal ad and BIE attached for your review and approval. Thanks, `Wanda Rodriguez, MCP, CP.74 Office of the County .Attorney (239) 252-8400 LERTIFIFO p k 9'p FI.ORIDA S PREY BING ACP9 �wERcnr m G) program RSIKE 2005 CertiOed Public Manager .iNu.r.9r Vr�.ry My email address has changed. Effective immediately, please update your contact list to use this new address: wanda.rodriguez@collier.gov From:Ailyn Padron<Ailyn.Padron@collier.gov> Sent: Monday, September 29, 2025 9:49 AM To:Wanda Rodriguez<Wanda.Rodriguez@collier.gov> Cc: Richard Henderlong<Richard.Henderlong@collier.gov>; Eric Johnson <Eric.Johnson@collier.gov>; Kathynell Crotteau <Kathynell.Crotteau@collier.gov>; GMDZoningDivisionAds<GMDZoningDivisionAds@collier.gov> Subject: RE: 10/28/25 BCC- *Web* Ad Request for Procedural Inconsistencies and Corrections(LDCA) (PL20250000180) Good morning, Wanda, For your review and approval, please see attachments. Thank you. 3 1 7E Ailyn Padron Management Analyst I Zoning Office:239-252-5187 ller Coun 2800 Horseshoe Dr. Naples, Florida 34104 � coAilyn.Padron(a collier.gov t" My email address has changed. Effective immediately, please update your contact list to use this new address: Ailyn.Padron 2collier.gov From:Ailyn Padron <Ailyn.Padron@collier.gov> Sent: Friday, September 26, 2025 8:46 AM To:Wanda Rodriguez<Wanda.Rodriguez@collier.gov> Cc: Richard Henderlong<Richard.Henderlong@collier.gov>; Eric Johnson <Eric.Johnson@collier.gov>; Kathynell Crotteau <Kathynell.Crotteau@collier.gov>; GMDZoningDivisionAds<GMDZoningDivisionAds@collier.gov> Subject: 10/28/25 BCC- *Web* Ad Request for Procedural Inconsistencies and Corrections (LDCA) (PL20250000180) Good morning, Wanda, Attached is the *Web* Ad Request and approval for the referenced petition.The ad will need to be advertised no later than October 8th and run through the hearing date. Please let me know if you have any questions. Thank you. Ailyn Padron Management Analyst I Zoning Office:239-252-5187 174 lli r Coun 2800 Horseshoe Dr. Naples, Florida 34104 �y Ailyn.Padronta'�,collier.gov UII X CI I My email address has changed. Effective immediately, please update your contact list to use this new address: Ailyn.Padron@collier.gov Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 4 1iE 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] 1 7 E Caller County N Al I Florida r ■ 111 1111111 41 aTM •�� w�us ter, 1011" o Ito IC 6 ISIAND ,� EY+pOIAOES ery • 11111111 .J- J A copy of the proposed Ordinance is on file with the Clerk to the Board and is available for inspection.All interested parties are invited to attend and be heard. All persons wishing to speak on any agenda item must register with the County Manager prior to presentation of the agenda item to be addressed.Individual speakers will be limited to three(3)minutes on any item.The selection of any individual to speak on behalf of an organization or group is encouraged.If recognized by the Chairman,a spokesperson for a group or organization may be allotted ten (10) minutes to speak on an item. Written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven(7)days prior to the public hearing.All materials used in presentations before the Board will become a permanent part of the record. As part of an ongoing initiative to encourage public involvement, the public will have the opportunity to provide public comments remotely, as well as in person, during this proceeding. Individuals who would like to participate remotely should register through the link provided within the specific event/meeting entry on the Calendar of Events on the County website at www.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 courtesy and is at the user's risk. The County is not responsible for technical issues. For additional information about the meeting, please call Geoffrey Willig at 252-8369 or email to Geoffrey.WilligAcollier.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 17E 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 1 7 E 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 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 STREETLIGHTS, SECTION 10.02.13 1 l7E 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 the County is of the view that a business impact estimate is not required by state law' 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; LI 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. 2 1 7 E 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. 3 7E Martha S. Vergara From: Richard Henderlong <Richard.Henderlong@collier.gov> Sent: Thursday, September 25, 2025 3:31 PM To: Ailyn Padron Subject: RE: 10/28/25 BCC- *Web*Ad Request for Procedural Inconsistencies and Corrections (LDCA) (PL20250000180) Follow Up Flag: Follow up Flag Status: Flagged Ailyn, No changes, Good to go! Richard Henderlong Planner Ill Zoning (4,41Office:239-252-2464 ller Coun 2800 North Horseshoe Drive Naples, Florida 34104 Richard.Henderlormacollier.gov Ell el X, CO My email address has changed. Effective immediately, please update your contact list to use this new address: Richard.Henderlong(a,collier.gov From:Ailyn Padron<Ailyn.Padron@collier.gov> Sent:Thursday,September 25, 2025 3:08 PM To: Richard Henderlong<Richard.Henderlong@collier.gov> Cc: Eric Johnson <Eric.Johnson@collier.gov>; GMDZoningDivisionAds<GMDZoningDivisionAds@collier.gov> Subject: 10/28/25 BCC- *Web* Ad Request for Procedural Inconsistencies and Corrections (LDCA) (PL20250000180) Good afternoon, Rich, Attached is the *Web* Ad Request for your petition. Please let me know if you approve and/or if changes are needed no later than, 12:00p.m., Friday. Please let me know if you have any questions. Thank you. i 17E Ailyn Padron Management Analyst I Zoning Office:239-252-5187 collier Coun 2800 Horseshoe Dr. Naples, Florida 34104 113Ailyn.PadronCc�collier.gov I U0' X al My email address has changed. Effective immediately, please update your contact list to use this new address: Ailyn.Padron( collier.gov Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 2 17E 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 [25-LDS-00342/1975574/l]/65 Page 1 of 36 9/30/25 Words struck through are deleted,words underlined are added 1 7E 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. [25-LDS-00342/1975574/1]/65 Page 2 of 36 9/30/25 Words struck through are deleted,words underlined are added 1 7E 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. [25-LDS-00342/1975574/I]/65 Page 3 of 36 9/30/25 Words struckgh are deleted,words underlined are added 7E 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 * * * * * * * * * * * * * [25-LDS-00342/1975574/1]/65 Page 4 of 36 9/30/25 Words struck through are deleted,words underlined are added 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 [25-LDS-00342/1975574/1]/65 Page 5 of 36 9/30/25 Words struck through are deleted,words underlined are added 7. IF 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 [25-LDS-00342/1975574/1]/65 Page 6 of 36 9/30/25 Words struck through are deleted,words underlined are added 1iE 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 BZAT after review and recommendation by the pPlanning sCommission, may approve a parking exemption under the following circumstances: * * * * * * * * * * * * * b. The Hearing Examiner, or saPlanning sCommission and the BZA, shall consider the following criteria for the approval of a parking exemption: [25-LDS-00342/1975574/1]/65 Page 7 of 36 9/30/25 Words struck g'h are deleted,words underlined are added E * * * * * * * * * * * * * 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 [25-LDS-00342/1975574/l]/65 Page 8 of 36 9/30/25 Words struckare deleted,words underlined are added ' 7E * * * * * * * * * * * * * 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 [25-LDS-00342/1975574/I]/65 Page 9 of 36 9/30/25 Words struck _h are deleted,words underlined are added I. 7 € * * * * * * * * * * * * * 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 4-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 [25-LDS-00342/1975574/1]/65 Page 10 of 36 9/30/25 Words struck through are deleted,words underlined are added 1E 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. Dole on PI nning Commission The Hearing Examiner may sit as a member of the Collier 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+tw 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. [25-LDS-00342/1975574/1]/65 Page 11 of 36 9/30/25 Words struck through are deleted,words underlined are added 1 1 E 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 [25-LDS-00342/1975574/1]/65 Page 12 of 36 9/30/25 Words struck through are deleted,words underlined are added 7 E continuous residential use thereafter, may be altered, expanded, or replaced upon 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. [25-LDS-00342/1975574/1]/65 Page 13 of 36 9/30/25 Words struck through are deleted,words underlined are added i E 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 such Commission. In vasesy , h , and 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 undcr the Collier County Code of Laws and Ordinances section 2 1156 2 1161. 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: 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: [25-LDS-00342/1975574/1]/65 Page 14 of 36 9/30/25 Words struck through are deleted,words underlined are added *► TIE 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 [25-LDS-00342/1975574/1]/65 Page 15 of 36 9/30/25 Words stfuek-threugh are deleted,words underlined are added 7E 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 [25-LDS-00342/1975574/1]/65 Page 16 of 36 9/30/25 Words struck through are deleted,words underlined are added 17E 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 * * * * * * * * * * * * * 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 `lvr aesiggnee 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, asements, water/wastewater facilities, and stormwater drainage system. delivered in the state plane coordinate system, with a Florida East Projection, and a Nor+ n r. Datum 1983/1090 /PI 3/90 dat ,m) .with I Inited States S„niei-F-eet /I IFE��)--units; as nc hbliished by Florida registered—profe$$ 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 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 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 [25-LDS-00342/1975574/1]/65 Page 17 of 36 9/30/25 Words struck through are deleted,words underlined are added 1 7F * * * * * * * * * * * * * 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-b certified sets of th 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 h � l ered in the state plane coordinate system .with a Florida Cast v�aGivGi Projection, and a North American Datum 1983/1990 (NAD83/90 datum), with United States Survey Feet (USFEET) units; as established by a Florida registered profeional surveyor and mapper. All information shall h � m m dim sional—error of +^ 5 feet Files shall bean ffL74�TTfGTfT'1"1'Cfl'rr-ClfTTfGITJiO V G AutoCAD (DWG) or Digital Exchange File (DXF) format; information , centerlines CL, edge of pavement EOP, etc.). For a plan to be deemed complete, the layering scheme m st be readily understood b„ 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 nine a layer Example: dimensions Lottxt layer. * * * * * * * * * * * * * [25-LDS-00342/1975574/11/65 Page 18 of 36 9/30/25 Words struck are deleted,words underlined are added iE 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 with United States Survey Feet (USFEET) units; as established by a Florida registered professional s, ryeyor 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 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 „pique la„er 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: [25-LDS-00342/1975574/11/65 Page 19 of 36 9/30/25 Words struck through are deleted,words underlined are added * * * * * * * * * * * * * 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: [25-LDS-00342/1975574/11/65 Page 20 of 36 9/30/25 Words struck through are deleted,words underlined are added l 7 E 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 L and 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: * * * * * * * * * * * * * [25-LDS-00342/1975574/1]/65 Page 21 of 36 9/30/25 Words stru^k—threugh are deleted,words underlined are added 1 7 E 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: 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. [25-LDS-00342/1975574/1]/65 Page 22 of 36 9/30/25 Words struck are deleted,words underlined are added 7 E 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: 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. * * * * * * * * * * * * * [25-LDS-00342/1975574/1]/65 Page 23 of 36 9/30/25 Words struck through are deleted,words underlined are added iE 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: [25-LDS-00342/1975574/11/65 Page 24 of 36 9/30/25 Words struck through are deleted,words underlined are added 7 E 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 14ZA 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 44ZA BCC, the applicant shall submit a site development plan (SDP) consistent with the conceptual site plan approved by the gZA 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: [25-LDS-00342/1975574/I]/65 Page 25 of 36 9/30/25 Words struck through are deleted,words underlined are added 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. News-paper Legal Advertisement prior to each advertised public hearing. [25-LDS-00342/1975574/1]/65 Page 26 of 36 9/30/25 Words struck through are deleted,words underlined are added * * * * * * * * * * * * * 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, byte one Planning CommissionT 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 CommissionT and BZA hearing. 2. The following notice procedures are required: * * * * * * * * * * * * * c. News-paper Legal Advertisement prior to the advertised public hearing. * * * * * * * * * * * * * H. PUD Insubstantial Change (POI) 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. [25-LDS-00342/1975574/1]/65 Page 27 of 36 9/30/25 Words strut gh are deleted,words underlined are added l IE 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. New paw 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. [25-LDS-00342/1975574/1]/65 Page 28 of 36 9/30/25 Words struck through are deleted,words underlined are added 1 7E 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. [25-LDS-00342/1975574/1]/65 Page 29 of 36 9/30/25 Words struck through are deleted,words underlined are added 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 +e 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 +r► 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: [25-LDS-00342/1975574/11/65 Page 30 of 36 9/30/25 Words struck through are deleted,words underlined are added a. Newspaper Legal Advertisement prior to the advertised public hearing +a accordancc 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 . * * * * * * * * * * * * * [25-LDS-00342/1975574/1]/65 Page 31 of 36 9/30/25 Words struck through are deleted,words underlined are added i 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.S. * * * * * * * * * * * * * 2. The following notice procedures are required: a. Newspaper Legal advertisement prior to the advertised public hearing +Iw 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: [25-LDS-00342/1975574/1]/65 Page 32 of 36 9/30/25 Words;truck through are deleted,words underlined are added 17 E 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; sConditional 4Uses; 44Nonconforming Use Amendments and Alterations; Vested Rights; flood Variance&; Parking Agreements. For a graphic depiction of the review procedure, please see Illustration 10.04.04 A. TYPE III (VARIANCES,ADMINISTRATIVE APPEALS, CERTIFICATE OF APPROPRIATENESS,CONDITIONAL USES, NONCONFORMING USE AMENDMENTS,VESTED RIGHTS, FLOOD VARIANCES,PARKING AGREEMENTS 1 DISTRIBUTION OF COMPLETE APPLICATION TO ALL STAFF REVIEWERS 1 RECEIPT&COMPILATION OF COMMENTS 6 COMMENDATIONS (PREPARATION• WRI - TAFF� REPORT AND RE •CATIONS VARIANCES.CONDITIONAL APPEALS VESTED RIGHTS CERTIFICATE OF USES.NONCONFORMING •F ADMINISTRATIVE DETERMINATION APPRRPRIATENESS USE AMENDMENTS. DECISION OR FLOOD VARIANCES. INTERPRETATION PARKING AGREEMENTS • I H •- BY HEARING BY HISTORIC/ HEARING 0 ER ARCHAEOLOGIC ,t. I HEARINGS BY BZA I PRESERVATION BOARD APPROVE OR I APPROVE DENY WITH (written CONDITIONS Flntlinpe) DAFFI ON I I I ® ® 1(Written Order I DENY 1 I APPROVE I DENY I TO SDP.PLAT CONTINUE OR OTHER PROCESSING PROCESS ORIGINAL APPLICATION [25-LDS-00342/1975574/1]/65 Page 33 of 36 9/30/25 Words struck through are deleted,words underlined are added 1 7E TYPE III (VARINANCES,ADMINISTRATIVE APPEALS,CERTIFICATE OF APPROPRIATENESS, CONDITIONAL USES,NONCONFORMING USE AMENDMENTS,VESTED RIGHTS, PARKING AGREEMENTS) 4 DISTRIBUTION OF COMPLETE APPLICATION TO ALL STAFF REVIEWERS 4 RECEIPT&COMPILATION OF COMMENTS& RECOMMENDATIONS 4 PREPARATION OF WRITTEN STAFF 1 REPORT& RECOMMENDATIONS VESTED RIGHTS • VARIANCES.MAJOR CONDITIONAL APPEALS OF ADMINISTRATIVE DETERMINATION. CERTIFICATE OF USES.NONCONFORMING USE DECISION OR INTERPRETA- VARIANCES, NoNCON- APPROPRIATENESS AMENDMENTS OR ALTERATIONS. TION.PARKING AGREEMENTS FORMING USE AMEND- PARKING AGREEMENTS MENTS OR ALTERATIONS, HEARING MINOR CONDITIONAL USES 1 1 BY HEX OR BZA HEARING B5"HEX APPROVE OR APPROVE DENY HEARING BY HISTORIC WITH CONDITIONS (Written Findings) k ARCHAEOLOGIC (Written Order) ///l DECISION PRESERVATION BOARD r! AFFIRM DENY DENY APPROVE TO SDP.PLAT OR OTHER PROCESS APPROVE OR APPROVE CONTINUE PROCESSING WITH CONDITIONS OTHER PROCESS ORIGINAL APPLICATION (Written Decision) 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 [25-LDS-00342/1975574/1]/65 Page 34 of 36 9/30/25 Words struck gh are deleted,words underlined are added 1YE 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 improvement 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 chanqe 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. [25-LDS-00342/1975574/1]/65 Page 35 of 36 9/30/25 Words struck through are deleted,words underlined are added 17E 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 10-7-25 Managing Assistant County Attorney [25-LDS-00342/1975574/1]/65 Page 36 of 36 9/30/25 Words struck through are deleted,words underlined are added �C`�Cv�T COURT Clerk of the Circuit Court and Comptroller - Crystal K. Kinzel g r Collier County, Florida 3315 Tamiami Trail East, Ste. 102 - Naples, FL 34112-5324 ti Phone: (239) 252-2646 Affidavit of Publication COLLIER COUNTY STATE OF FLORIDA Before the undersigned authority personally appeared Jennifer Hansen, who on oath says that he or she is a Deputy Clerk of the Circuit Court of Collier County, Florida; that the attached copy of advertisement, Procedural Inconsistencies and Corrections(LDCA) (PL20250000180) 10/28/2025 BCC was published on the publically accessible website https://notices.collierclerk.com as designated by Collier County, Florida on 10/08/2025 until 10/30/2025. Affiant further says that the website complies with all legal requirements for publication in chapter 50, Florida Statutes. Ic5.1)...)0"-;- 4LtAm.A—Pt (Af iant nature) t CRlht -ev --- 1 4-Affiant Printed Name) _Sworn to and stibscribed before me this 10/30/2025 r 0 . • rCrystat'K:-Xiuzel'Clerk:of the Circuit Court& ot7lptolr— - -‹ s• R • ,• jeer { •,,(Deputy Cleric Signature) 5)101an& MG,i k h'el_ 10) 30/Z5 (Deputy Clerk Printed Name) Date 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] r'11 /\ * 111 N �' Colin County Florida Iii■i 0 Vil 1.4 rllrfiNIIIIIIIIIII yit o pn ai1t.411I11IIP! A copy of the proposed Ordinance is on file with the Clerk to the Board and is available for inspection.All interested parties are invited to attend and be heard. All persons wishing to speak on any agenda item must register with the County Manager prior to presentation of the agenda item to be addressed.Individual speakers will be limited to three(3)minutes on any item.The selection of any individual to speak on behalf of an organization or group is encouraged.If recognized by the Chairman,a spokesperson for a group or organization may be allotted ten(10)minutes to speak on an item. Written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven(7)days prior to the public hearing.All materials used in presentations before the Board will become a permanent part of the record. As part of an ongoing initiative to encourage public involvement, the public will have the opportunity to provide public comments remotely, as well as in person, during this proceeding. Individuals who would like to participate remotely should register through the link provided within the specific event/meeting entry on the Calendar of Events on the County website at www.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 courtesy and is at the user's risk. The County is not responsible for technical issues. For additional information about the meeting, please call Geoffrey Willig at 252-8369 or email to Geoffrey.Willig@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 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 ve on COURT o Ao Clerk of the Circuit Court and Comptroller - Crystal K. Kinzel g g Collier County, Florida * 3315 Tamiami Trail East, Ste. 102 - Naples, FL 34112-5324 Phone: (239) 252-2646 1�lE 4 R COUNP1i," Affidavit of Publication COLLIER COUNTY STATE OF FLORIDA Before the undersigned authority personally appeared Jennifer Hansen, who on oath says that he or she is a Deputy Clerk of the Circuit Court of Collier County, Florida; that the attached copy of advertisement, BIE-Procedural Inconsistencies and Corrections (LDCA) (PL20250000180) 10/28/2025 BCC was published on the publically accessible website https://notices.collierclerk.com as designated by Collier County, Florida on 10/08/2025 until 10/30/2025. Affiant further says that the website complies with all legal requirements for publication in chapter 50, Florida Statutes. 4.6.. ..usAJLA.L.0.....001,40_,Lae, (Affiant Signature) C . . - :-.) C vinAsc,,/ Att,n. €11. (Affiant Printed Name) . Sworn tQ amied suli cribed before me this 10/30/2025 -n cn c , . s : O COCjystal 1 .Kirizel Clerk of the Circuit Court& ? o .' _. t . (Deputy dark Signature) Ae?hU�►tP, +,},O--ez to/301z5 (Deputy Clerk Printed Name) Date c, ff Rf�y o t. 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 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 STREETLIGHTS, SECTION 10.02.13 1 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 the County is of the view that a business impact estimate is not required by state law' 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 D 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. 2 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 $50.00 with publication on the Clerk's' website rather than in a newspaper of general circulation. No new fees or taxes will result from the adoption of the ordinance. 3. Good faith estimate of the number of businesses likely to be impacted by the proposed ordinance: None. 4. Additional information the governing body deems useful (if any): None. 3 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP E TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3 County Attorney Office County Attorney Office (Ac I o c ✓� 4. BCC Office Board of County Commissioners 13$ f// to/3( 5. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION 44/I Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Kathy Crotteau/County Attorney Office& Phone Number 252-6052(Kathy) Contact/ Department Rich Henderlong/Zoning-LDC 252-2464(Rich) Agenda Date Item was October 28,2025 Agenda Item Number 17E Approved by the BCC Type of Document Ordinance Number of Original 1 Attached I. Documents Attached PO number or account number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be KC signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the KG document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's KC signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip KC should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 10-28-25 and all changes made during N/A is not the meeting have been incorporated in the attached document. The County ` ,( an option for Attorney's Office has reviewed the changes,if applicable. \` this line. 9. Initials of attorney verifying that the attached document is the version approved by the ,, (. N/A is not BCC, all changes directed by the BCC have been made,and the document is ready for the r1�(l/ an option for Chairman's signature. 1, this line. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 1 7 E ORDINANCE NO. 25 - 51 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 [25-LDS-00342/1975574/1]/65 Page 1 of 36 9/30/25 Words struck through are deleted,words underlined are added 17E 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 October 28, 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. [25-LDS-00342/1975574/1]/65 Page 2 of 36 9/30/25 Words struck through are deleted,words underlined are added I 7 E 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. [25-LDS-00342/1975574/11/65 Page 3 of 36 9/30/25 Words struck through are deleted,words underlined are added 1 7 E 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 X X * * X * X * * X x * X [25-LDS-00342/1975574/1]/65 Page 4 of 36 9/30/25 Words struck through are deleted,words underlined are added 1 7 E SUBSECTION 3.A. 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.B. 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 [25-LDS-00342/1975574/11/65 Page 5 of 36 9/30/25 Words struck through are deleted,words underlined are added 1 7 E 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.C. AMENDMENTS TO SECTION 4.02.16 DESIGN STANDARDS FOR DEVELOPMENT IN THE BAYSHORE GATEWAY TRIANGLE COMMUNITY REDEVELOPMENT AREA [25-LDS-00342/1975574/1]/65 Page 6 of 36 9/30/25 Words struck through are deleted,words underlined are added 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.D. 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 BZAT after review and recommendation by the pPlanning sCommission, may approve a parking exemption under the following circumstances: * * * * * * * * * * * * * b. The Hearing Examiner, or pPlanning sCommission and the BZA1 shall consider the following criteria for the approval of a parking exemption: [25-LDS-00342/1975574/1]/65 Page 7 of 36 9/30/25 Words struck through are deleted,words underlined are added liE * * * * * * * * * * * * * SUBSECTION 3.E. 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.F. 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 [25-LDS-00342/1975574/1]/65 Page 8 of 36 9/30/25 Words struck through are deleted,words underlined are added * * * * * * * * * * * * * 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.G. 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 [25-LDS-00342/1975574/1]/65 Page 9 of 36 9/30/25 Words struck through are deleted,words underlined are added 1 7 E * * * * * * * * * * * * * 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 the county at least 1-one time 15 days prior to the hearing. SUBSECTION 3.H. 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 3.1. AMENDMENTS TO SECTION 8.10.00 HEARING EXAMINER [25-LDS-00342/1975574/1]/65 Page 10 of 36 9/30/25 Words struck through are deleted,words underlined are added 1 7 E 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 Commi srion�as—la„g—as he�Planning Commission serves 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.J. 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 + ► 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. [25-LDS-00342/1975574/1]/65 Page 11 of 36 9/30/25 Words struck through are deleted,words underlined are added 1 7 E SUBSECTION 3.K. 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.L. 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 [25-LDS-00342/1975574/1]/65 Page 12 of 36 9/30/25 Words-struck through are deleted,words underlined are added 1 7 E 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.M. 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. [25-LDS-00342/1975574/1]/65 Page 13 of 36 9/30/25 Words struck through are deleted,words underlined are added if 7 E 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 depgates the authority to review the Post Take Plan t� CCD d includes this review as part of the CCPC powers and dutics under the Collier County Code of Laws and Ordinances section 2 1156 2 1161. 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: 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.N. 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: Section 9.04.06 Specific Requirements for Variance to the Coastal Construction Setback Line [25-LDS-00342/1975574/1]/65 Page 14 of 36 9/30/25 Words struck through are deleted,words underlined are added liE 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 which the subject property has frontage and on the side of the property [25-LDS-00342/1975574/11/65 Page 15 of 36 9/30/25 Words struck through are deleted,words underlined are added 171E 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 3.0. AMENDMENTS TO SECTION 10.02.03 REQUIREMENTS FOR SITE DEVELOPMENT, SITE IMPROVEMENT PLANS AND AMENDMENTS THEREOF [25-LDS-00342/1975574/1]/65 Page 16 of 36 9/30/25 Words struck through are deleted,words underlined are added I E 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 boon 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 a-pplisable, 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 mapper. All information shall have a maximum dimensional error of +0.5 feet. Files shall have common naming conventions (i.e. right of way ROW, centerlines CL, edge of annotation) shall be drawn on a unique information layer, with all linework pertaining to the—propertyfeature—lecated on that layer. €xamumpletarcels All lines that f�� the parcel boundary will be located on 1 parcel layer. Annotations pertaining to property SUBSECTION 3.P. 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 [25-LDS-00342/1975574/1]/65 Page 17 of 36 9/30/25 Words struck through are deleted,words underlined are added 17E * * * * * * * * * * * * * 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 , ubmi�Ge-rt ed—s f the approved constri action 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 be delivered in the state plane coordinate system, with a Florida East Projection and a North American Data im 1 QAQ/1 990 (NA D83/90 rdati im\ with United States Survey Feet (USFEET) units; as establjrshed 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 Ia er-ss shall have common naming conventiioons (i a 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 nnotation) shall he rdrain on a i inigi ie information layer with all Iineworh pertaining to the property feature located on that layer. Example: parcels All lines that form the parcel boundary will be located on 1 parrro layer Annotation mo atioon shall he on a inigi ie layer Example• lot (dimensions—I ottvt layer * * * * * * * * * * * * * [25-LDS-00342/1975574/l]/65 Page 18 of 36 9/30/25 Words struck through are deleted,words underlined are added E SUBSECTION 3.Q. 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 he deli„ered in the state plane coordinate system, with a Florida East , with United States Survey Feet (USFEET) units; as established by a Florida regi tered professional surveyor and Cmapper 411 information shall have a maxima im rdimensional err or of +�d1eet.Files shall be in arc utoCAD /rlln/G) or DigitalExcha e�]L�D cF) forma�iformation hall have common naming cony tinn a way ROW laa}er�c�,-r e�a� T.ti—rEg t-e - , 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 pa_c ey. Annotate nc pertaining too poop y informTati-e i-Cs.haall 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: [25-LDS-00342/1975574/1]/65 Page 19 of 36 9/30/25 Words struck through are deleted,words underlined are added I 7 E * * * * * * * * * * * * * SUBSECTION 3.R. 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.S. 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.T. 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: [25-LDS-00342/1975574/1]/65 Page 20 of 36 9/30/25 Words struck through are deleted,words underlined are added 1 7E 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: * * * * * * * * * * * * * [25-LDS-00342/1975574/1]/65 Page 21 of 36 9/30/25 Words struck through are deleted,words underlined are added 1 7 E 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: 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. [25-LDS-00342/1975574/1]/65 Page 22 of 36 9/30/25 Words struck through are deleted,words underlined are added 17E 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 Depaftmrent DDire6torls 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: 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 Commiccioncrs 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. * * * * * * * * * * * * * [25-LDS-00342/1975574/1]/65 Page 23 of 36 9/30/25 Words struck through are deleted,words underlined are added 17E 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.U. 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: [25-LDS-00342/1975574/1]/65 Page 24 of 36 9/30/25 Words struck through are deleted,words underlined are added 17E 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 13ZA 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 13ZA 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.V. 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: [25-LDS-00342/1975574/1]/65 Page 25 of 36 9/30/25 Words struck through are deleted,words underlined are added 17E 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. [25-LDS-00342/1975574/1]/65 Page 26 of 36 9/30/25 Words struck through are deleted,words underlined are added * 17E * 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—t ►e 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 applir ry Hearring Examiner hays 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. [25-LDS-00342/1975574/11/65 Page 27 of 36 9/30/25 Words struck through are deleted,words underlined are added 17E 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. [25-LDS-00342/1975574/1]/65 Page 28 of 36 9/30/25 Words struck through are deleted,words underlined are added 1 7 E 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 +r} 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: [25-LDS-00342/1975574/1]/65 Page 30 of 36 9/30/25 Words struck through are deleted,words underlined are added 17E 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. Neer Legal Advertisement prior to each advertised public hearing in accordance with E.S. § 125.66. * * * * * * * * * * * * * b. SRA insubstantial change: * * * * * * * * * * * * * iii. Ne wspaper 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. [25-LDS-00342/1975574/1]/65 Page 29 of 36 9/30/25 Words struck through are deleted,words underlined are added 17E a. Newspaper Legal Advertisement prior to the advertised public hearing +r+ 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 . * * * * * * * * * * * * * [25-LDS-00342/1975574/1]/65 Page 31 of 36 9/30/25 Words struck through are deleted,words underlined are added 17E 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.S. * * * * * * * * * * * * * 2. The following notice procedures are required: a. Newspaper Legal advertisement prior to the advertised public hearing m accordance with F.S. 125.66. * * * * * * * * * * * * * SUBSECTION 3.W. 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: [25-LDS-00342/1975574/1]/65 Page 32 of 36 9/30/25 Words struck through are deleted,words underlined are added 1 7 E 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; sConditional uUses; RNonconforming 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. TYPE III (VARIANCES,ADMINISTRATIVE APPEALS, CERTIFICATE OF APPROPRIATENESS,CONDITIONAL USES, NONCONFORMING USE AMENDMENTS,VESTED RIGHTS, FLOOD VARIANCES,PARKING AGREEMENTS DISTRIBUTION OF COMPLETE APPLICATION TO ALL STAFF REVIEWERS T RECEIPT&COMPILATION OF COMMENTS& - COMMENDATIONS 3 PREPARATION. WRI TAFF REPORT AND REC. ' •DATIONS VARIANCES,CONDITIONAL APPEALS VESTED RIGHTS CERTIFICATE OF USES,NONCONFORMING •F ADMINISTRATIVE DETERMINATION APPORPRIATENESS USE AMENDMENTS, DECISION OR FLOOD VARIANCES. INTERPRETATION PARKING AGREEMENTS HEA BY HEARING BY HISTORIC/ HEARING 0 ER ARCHAEOLOGIC HEARINGS BY BZA PRESERVATION BOARD APPROVE OR DENY APPROVE (Written WITH Findings) CONDITIONS AFFIRM DENY (Written Order DECISION ( J I APPROVE TO SDP,PLAT CONTINUE OR OTHER PROCESSING PROCESS ORIGINAL APPLICATION [25-LDS-00342/1975574/11/65 Page 33 of 36 9/30/25 Words struck through are deleted,words underlined are added 1 7 E TYPE 111 (VARINANCES.ADMINISTRATIVE APPEALS,CERTIFICATE OF APPROPRIATENESS. CO\DITIONAI.USES,NONCONFORMING I'SE AMENDMENTS.VESTED RIGHTS, PARKING AGREEMENTS) 4 DISTRIBUTION OF COMPLETE APPLICATION TO ALL STAFF REVIEWERS 4 RECEIPT&COMPILATION OF COMMENTS& RECOMMENDATION S 4 PREPARATION OF WRITTEN STAFF REPORT& RECOMMENDATIONS VESTED RI HTS VARIANCES,MAJOR CONDITIONAL APPEALS OF ADMINISTRATIVE DETERMINATION. CERTIFICATE.OF 1;sEs,NONCONFORMING USE DECISION ORLNTERPRETA- VARIANCES, NONCON- APPROPRLATENESS AMENDMENTS OR ALTERATIONS, TION,PARKING AGREEMENTS FORMING USE AMEND. PARKING AGREEMENTS MENTS OR ALTERATIONS. HEARING MINOR CONDITIONAL USES BY HEX OR BZA HEARING 1 BY HEX • APPROVE OR APPROVE DENY HEARING BY HISTORIC WITH CONDITIONS (A-rinei Findings) &.ARCHAEOLOGIC (Wrinen O'der) DECISION PRI_SFRVA rION'BOARD AFFIRM DENY DENY APPROVE DENY TO SDP.PLAT OR OTHER PROCESS APPROVE OR APPROVE CONTINUE PROCESSING WITH CONDITIONS OTHER PROCESS ORIGINAL APPLICATION (Minim Decision) Illustration 10.04.04 A. SUBSECTION 3.X. 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 [25-LDS-00342/1975574/l]/65 Page 34 of 36 9/30/25 Words struck through are deleted, words underlined are added 1 7 E 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 se. 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. [25-LDS-00342/1975574/1]/65 Page 35 of 36 9/30/25 Words struck through are deleted,words underlined are added 1 7 E 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 2g day of t)c k & r , 2025. ATTEST: : •'''t`?r"°.?, ` � BOARD OF COUNTY COMMISSIONERS CRYST,IIQL,K''R1N2gL; ;✓LERK OF COLLIER COUNTY, FLORIDA By: K By. Attest to:Chai�tni�r��s ,:Deputy ler B rt . Saunders, hairman signetura'tp1r Approved as to form and legality: Heidi F. Ashton-Cicko Managing Assistant County Attorney This ordinance filed with the Secretary of Slate's Office the VS.Iday of t'it"v oOr aid acknowledgement of that . received this . . day By 010111»4 [25-LDS-00342/1975574/1]/65 Page 36 of 36 9/30/25 Words struck through are deleted,words underlined are added `� 1NF Ci,,,,I1 7 E .� r r Ir U1 1U A. FLORIDA DEPARTMENT Of STATE RON DESANTIS CORD BYRD Governor Secretary of State November 5, 2025 Crystal K. Kinzel Clerk of Court Collier County 3329 Tamiami Trail E, Suite #401 Naples, FL 34112 Dear Crystal Kinzel, Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 2025-51, which was filed in this office on November 4, 2025. Sincerely, Alexandra Leijon Administrative Code and Register Director AL/dp R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270