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Ordinance 2025-51 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 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/I]/65 Page 2 of 36 9/30/25 Words struck through are deleted,words underlined are added 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-00342/1975574/1]/65 Page 3 of 36 9/30/25 Words struck through are deleted,words underlined are added 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 * X X * K [25-LDS-00342/1975574/1]/65 Page 4 of 36 9/30/25 Words struck through are deleted,words underlined are added 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-00342/1975574/1]/65 Page 5 of 36 9/30/25 Words struck through are deleted,words underlined are added 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 °Commission, may approve a parking exemption under the following circumstances: * * * * * * * * * * * * * b. The Hearing Examiner, or pPlanning °Commission 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 through are deleted,words underlined are added * * * * * * * * * * * * * 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. * * * * * * * * * * * is 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 * * * * * * * * * * * * * 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.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-00342/1975574/11/65 Page 10 of 36 9/30/25 Words struck through are deleted,words underlined are added 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. Collier County Planning Commissio s long as tthe Planning Commissi1ionT�roves solely in an advisory body capacity to the Board of County Commissioners. While a Hearing Examiner is employed by the County, a All powers and duties expressly granted to the Hearing Examiner, either through the Collier County Hearing Examiner Ordinance (No. 2013-25, as may be amended) or through future resolutions, preempt the Collier County Planning Commission, or the Board of Zoning Appeals, as the case may be, with respect to the established procedures set forth in the Collier County Land Development Code. C. Remand of Development Order. The Board of County Commissioners, by majority vote may remand or send any petition involving a public hearing or any matter to the Hearing Examiner for the sole purpose of opining on a legal or technical land use issue raised during the hearing. The Hearing Examiner will issue a non-binding recommendation to the Board with respect to the issue remanded, which recommendation shall become part of the record when the matter is again heard by the Board. SUBSECTION 3.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 if:I 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 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 laBoard 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 Board 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 continuous residential use thereafter, may be altered, expanded, or replaced upon recommendation approval of the Hearing Examiner by decision or Collier County Planning Commiccion 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 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 delegtatest e-autr ority to review the Post Take PI + the D an-Te �-r ��r- adny includes this review as part of the CCPC powers and duties under the Collier County Code of Laws and Ordinances section 2 1156 2 1164. Public notice for the hearing shall comply with LDC section 10.03.05 C, as may be applicable, and shall specifically note the location of the property and the requested deviations. The HEX or CCPC, in considering whether to approve, approve with conditions, or deny the proposed Post Take Plan, shall consider the following: 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 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-00342/1975574/1]/65 Page 15 of 36 9/30/25 Words struck through are deleted,words underlined are added 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 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 A'o, esignee During the review process for compliance with the LDC, as provided in this section, the applicant's professional engineer shall also submit digitally created construction/site plan documents, in an electronic format acceptable to the County Manager or designee. 1 disk (CDROM) of the master plan file, including, where applicable, easements, water/wastewater facilities, and stormwater drainage system. The digital data to be submitted shall follow these formatting guidelines: All data shall be delivered in the state plane coordinate system, with a Florida East Projection, and a 1990 (NAD83/90 datum), with Unitcd States Survey Feet (USFEET) units; as established by a Florida registered professional surveyor and mapper. All information shall have a maximum dimensional error of +0.5 feet. Files shall be in an AutoCAD (DWG) or Digital Exchange File (DXF) format; information layers shall have common naming conventions (i.e. right of way ROW, centerlines CL, edge of readily understood by county staff. All property information (parcels, lots, and requisite the property feature located on that layer. Example: parcels All lines that form the parcel boundary will be located on 1 parcel layer. Annotations pertaining to property information shall be on a unique layer. Example: Lot dimensions—Lottxt layer. SUBSECTION 3.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;truck through are deleted,words underlined are added * * * * * * * * * * * * * 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 hmit 5. c ith res+��e#+feed sets approved copies of all required county permits. The applicant's professional engineer shall also submit a set of digitally created construction/site plan documents in a format acceptable to the County Manager or designee, 1 disk (CDROM) of the in an acceptable electronic format. master plan file, including, where applicable, easements, water/wastewater facilities, and stormwater drainage system. The digital data to be submitted shall follow these formatting guidelines: All data shall be-delivered inn the state plaaneconrdi to with a F lorida East h witzrr_United C v Su-r`iey.-Feet (4S-FE -E its; as established hbya 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 Dig'itraal-Exchavrrange-F-ile (DXF) for a ; information lyer hall have common naming conventiiens (i a right of_way—ROTA/ centerlines CL, edge of pavement EOP, etc.). For a plan to be deemed-completerlayering_sc ust b readily d understoo by i inty taff II nrn y informati t regu isit nnotation) shall he drawn nn a i inigi e information laver with all lineworh 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 4nnotations pertaining to property information shall h unique layer. Example: lot dimensions Lottxt layer. * * * * * * * * * * * * * [25-LDS-00342/1975574/1]/65 Page 18 of 36 9/30/25 Words struck through are deleted, words underlined are added 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 bedelivered i the state plane coordin stten n th a Florida Eat with United States Survey Feet (USFEET) units; as established by a Florida registered professional surveyor and mapper. All information shall have a maximum dimensional error of +0.5 feet. Files shall be in an AutoCAD (DWG) or Digital Exchange File (DXF) format; information layers shall have common naming conventions (i.e. right of way ROW, centerlines CL, edge of pavement EOP, etc.). For a plan to be deemed complete, the layering scheme must be readily understood by county staff. All property information (parcels, lots, and requisite pertaining to the property feature located on that layer. Example: p r�,ccels /A1—�cr lines that form the parne-l—bo-u-n-d-a.rywill be located on 1 parcel layer. Annotations pertaining tr, propert„ information shall be on a unique layer. Example: lot dimensions—Lottxt layer. In addition, a copy of applicable measurements, tests and reports made on the work and material during the progress of construction must be furnished. The record construction data shall be certified by the applicant's professional engineer and professional surveyor and mapper and shall include but not be limited to the following items which have been obtained through surveys performed on the completed required improvements: [25-LDS-00342/1975574/1]/65 Page 19 of 36 9/30/25 Words struck through are deleted,words underlined are added * * * * * * * * * * * * * 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 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: * * * * * * * * * * * * * 125-LDS-00342/1975574/1]/65 Page 21 of 36 9/30/25 Words struck through are deleted,words underlined are added 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 Plan i-ng—Commieion Hearing Examiner, or if the Hearing Examiner has a conflict, then by the Planning Commission. The Planning Commiseion 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 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 Commicsioncrs 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/I]/65 Page 23 of 36 9/30/25 Words struck through are deleted,words underlined are added 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 a. MUPs that do not meet the thresholds for administrative approval may be approved by the BZA BCC after recommendation by the CCPC through a public hearing process. * * * * * * * * * * * * * c. There shall be a public hearing before the BZA Planning Commission and BCC legally noticed and advertised pursuant to LDC section 10.03.06. d. After a Mixed Use Project has been approved by the BZA BCC, the applicant shall submit a site development plan (SDP) consistent with the conceptual site plan approved by the 4 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 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 * * * * * * * * * * * * * 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 thc 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 thc Hearing Examiner has a conflict, one Planning Commission; and BZA hearing. 2. The following notice procedures are required: * * * * * * * * * * * * * c. Newspaper Legal Advertisement prior to the advertised public hearing. * * * * * * * * * * * * * H. PUD Insubstantial Change (PDI) or Boat Dock Facility Extension, Boathouse Establishment, or Boat Dock Canopy Deviation: 1. The following advertised public hearings are required: a. One Planning Commission or Hearing Examiner hearing. b. If Hearing Examiner has a conflict, one Planning Commission hearing. 2. The following notice procedures are required: a. For a PDI, a NIM. See LDC section 10.03.05 A. However, upon written request by the applicant, the Hearing Examiner has the discretion to waive the NIM after the first set of staff review comments have been issued. b Mailed Notice prior to the advertised public hearing. c. Newspaper Legal Advertisement prior to the advertised public hearing. [25-LDS-00342/1975574/1]/65 Page 27 of 36 9/30/25 Words struck through are deleted,words underlined are added 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. 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 +t1 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 ir► 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 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 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 a. Newspaper Legal Advertisement prior to the advertised public hearing in accordance with F.S. § 125.66. b. Mailed Notice prior to the advertised public hearing. c. Posting of a sign prior to the advertised public hearing. S. Post Take Plan, pursuant to LDC section 9.03.07 D. 1. The following notice procedures are required: * * * * * * * * * * * * * b. If a Planning Commission or Hearing Examiner hearing is required, a Newspaper Legal Advertisement. 2. The following advertised public hearings may shall be required: a. If a written objection is received, one Planning Commission or Hearing Examiner or BZA hearing. T. Minor Change to a PUD to remove affordable housing contributions, pursuant to LDC section 10.02.13 E.3.c. * * * * * * * * * * * * * 2. The following advertised public hearings may be required: a. If a written objection is received, one BCC or Hearing Examiner hearing. b. If Hearing Examiner has a conflict, one Planning Commission hearing. * * * * * * * * * * * * * U. Automobile Service Station Facilities with Fuel Pumps Waiver pursuant to LDC section 5.05.05 and Alcohol Beverage Distance Waiver pursuant to LDC section 5.05.01. 1. The following advertised public hearings are required: a. One BZA or Hearing Examiner hearing. b. If Hearing Examiner has a conflict, one BZA hearing. 2. The following notice procedures are required: * * * * * * * * * * * * * b. Newspaper Legal Advertisement prior to the advertised public hearing . * * * * * * * * * * * * * [25-LDS-00342/1975574/1]/65 Page 31 of 36 9/30/25 Words struck through are deleted,words underlined are added 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. Nei.. er Legal advertisement prior to the advertised public hearing in 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 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; nNonconforming Use Amendments and Alterations; Vested Rights; flood Variances; Parking Agreements. For a graphic depiction of the review procedure, please see Illustration 10.04.04 A. 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 1 RECEIPT&COMPILATION OF COMMENTS& COMMENDATIONS PREPARATION• WRI TAFF REPORT AND REC. •OATIONS VARIANCES.CONDITIONAL APPEALS VESTED RIGHTS CERTIFICATE OF USES,NONCONFORMING •F ADMINISTRATIVE •ETERMINATION APPORPRIATENESS USE AMENDMENTS, DECISION OR FLOOD VARIANCES. INTERPRETATION PARKING AGREEMENTS HEARING 0 BY ER HEARING ARCHAEOLOGIC HEARINGS BY BZA PRESERVATION BOARD APPROVE OR DENY APPROVE Written WITH {Endings) CONDITIONS AFFIRM DENY (Written Order DECISION I APPROVE TO SDP.PLAT CONTINUE OR OTHER PROCESSING PROCESS ORIGINAL APPLICATION J [25-LDS-00342/1975574/1]/65 Page 33 of 36 9/30/25 Words struck through are deleted,words underlined are added TYPE HI (VARINANCES,ADMINISTRATIVE APPEALS,CERTIFICATE OF APPROPRIATENESS, CONDITIONAL USES,NONCONFORMING I"SE AMENDMI£N'TS.'ESTED RIGHTS, PARKING AGREEMENTS) i DISTRIBUTION OF COMPLETE APPLICATION TO ALL STAFF REVIEWERS 4 RECEIPT&COMPILATION OF COMMENTS& RECOMMENDATIONS 4 PREPARATION OF WRITTEN STAFF REPORT& RECOMMENDATIONS VESTED RIGHTS VARIANCES,MAJOR CONDITIONAL APPEALS OF ADMINISTRATIVE DETERMINATION. CERTIFICATE OF USES.NONCONFORMING USE DECISION OR LNTERPRETA- VARIANCES, NONCOM- APPROPRLATENESS AMENDMENTS OR ALTERATIONS, TION,PARKING AGREEMENTS FORMING USE.AMEND. PARKING AGREEMENTS MENTS OR ALTERATIONS. HEARING MINOR CONDITIONAL USES BY HEX OR BZA HEARING BY HEX APPROVE OR APPROVE DENY HEARING BY HISTORIC WITH C;CNvI)ITI(7NS (Written Findings &ARCHAEOLOGIC (Written Orden DECISION PRESERVATION BOARD �l AFFIRM I DENY DENY APPROVE DENY TO SDP.PEAT OR OTHER PROCESS APPROVE OR APPROVE CONTINUE PROCESSING WITH CONDITIONS OTHER PROCESS ORIGINAL APPLICATION (Written 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-00342/1975574/1]/65 Page 34 of 36 9/30/25 Words struck through are deleted,words underlined are added 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 improvcmcnts 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. * * * X X * X X X K * * 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 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 a ay of c & r , 2025. ATTEST:,,A• s ,aw BOARD OF COUNTY COMMISSIONERS CRYST,,,; oK.7"R1N Z ;?pLERK OF COLLIER COUNTY, FLORIDA 7 . �len 'tea 4. By: By. / Matt stp:Chaiftnants' ��fi ept�ty lerl B rt . Saunders, hairman sdgneturEti$Al Approved as to form and legality: 601,, - -- ----- Heidi F. Ashton-Cicko Managing Assistant County Attorney This ordinance filed with the Secretor" of Strate's Office e 4-h►daY of NWT p/d'acknowledgement of that received this . . day ot BY DIDIMPIP [25-LDS-00342/1975574/1]/65 Page 36 of 36 9/30/25 Words struck through are deleted,words underlined are added ' It� � t�l`� i AIr�/f/ r 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