Ordinance 92-073 ORDINANCE NO. 92- 73 m
~ RDINANCE AMENDING ORDINANCE NO. 91-102, ~HE
~-=~-'I~OLLIER COUNTY LAND DEVELOPMENT CODE ADOPT~G
VARIOUS SUBSTANTIVE CHANGES AND OMISSIONS A~D ~.. ~''
CORRECTING TYPOGRAPHICAL ERRORS IN ARTICLES ONe,
TWO, THREE, FOUR, FIVE AND SIX OF SAID ORDINANCE ~D
MORE PARTICULARLY PROVIDING FOR SECTION ONE
FINDINGS; PROVIDING FOR SECTION TWO AMENDMENTS TO
ARTICLE ONE GENERAL PROVISIONS RELATING TO DIVISION
1.5 APPLICABILITY, DIVISION 1.7 VESTED RIGHTS,
DIVISION 1.8 NONCONFORMITIES, DIVISION 1.9
ENFORCEMENT, DIVISION 1.10 FEES, AND DIVISION 1.22
REPEALER; AMENDMENTS TO ARTICLE TWO ZONING RELATING
TO DIVISION 2.1 GENERAL, DIVISION 2.2 ZONING
DISTRICTS, PERMITTED .USES, CONDITIONAL USES,
DIMENSIONAL STANDARDS, DIVISION 2.3 OFF-STREET
PARKING AND LOADING, DIVISION 2.4 LANDSCAPING AND
BUFFERING, DIVISION 2.5 SIGNS, DIVISION 2.6
SUPPLEMENTAL DISTRICT REGULATIONS, AND DIVISION 2.7
ZONING ADMINISTRATION AND PROCEDURES; AMENDMENTS TO
ARTICLE THREE DEVELOPMENT REQUIREMENTS RELATING TO
DIVISION 3.2 SUBDIVISIONS, DIVISION 3.3 SITE
DEVELOPMENT PLANS, DIVISION 3.9 VEGETATION REMOVAL,
PROTECTION AND PRESERVATION, DIVISION 3.11
END~dgGERED, THREATENED OR LISTED SPECIE~ ~ROTECTION,
DIVISION 3.14 VEHICLE ON THE BEACH REGULATIONS, AND
DIVISION 3.15 ADEQUATE PUBLIC FACILITIES; AMENDMENTS
TO ARTICLE FOUR IMPACT FEES BY ADDING DIVISION 4.6
EMERGENCY MEDICAL SERVICES SYSTEM IMPACT FEES AND BY
ADDING DIVISION 4.7 EDUCATIONAL FACILITIES SYSTEM
IMPACT FEES; AMENDMENTS TO ARTICLE FIVE
DECISION-MAKING AND ADMINISTRATIVE BODIES, RELATING
TO DIVISION 5.2 PLANNING COMMISSION, DIVISION 5.3
BOARD OF ZONING APPEALS, DIVISION 5.14
HISTORIC/ARCHAEOLOGICAL PRESERVATION BOARD, AND BY
REMOVING FROM DIVISION 5.5 PROVISIONS RELATING TO
CODE ENFORCEMENT BOARD AND BY REMOVING FROM DIVISION
5.6 PROVISIONS RELATING TO BUILDING CONTRACTORS'
LICENSING BOARD; AND AMENDMENTS TO ARTICLE SIX,
RELATING TO DIVISION 6.1 RULES OF CONSTRUCTION AND
DIVISION 6.3 DEFINITIONS; PROVIDING FOR SECTION
THREE, ADOPTION OF AMENDED ZONING ATLAS MAPS;
PROVIDING FOR SECTION FOUR, CONFLICT AND
SEVERABILITY AND PROVIDING FOR SECTION FIVE,
EFFECTIVE DATE.
Whereas, the Land Development Code may not be amended more
than two times in each calendar year'pursuant to Section 1.19.1,
LDC; and
Whereas, this is the first amendment to the Land Development
Code, Ordinance No. 91-102, in this calendar year; and
Whereas, certain substantive changes to the LDC are
necessary for its implementation and to maintain consistency
with the Collier County Growth Management Plan; and
Whereas, various typographical errors and omissions have
been identified in the Land Development Code since the Code
became effective in November 1991; and
Whereas, the Collier County Planning Commission held a
public workshop on May 7, 1992 to provide for and encourage
public participation; and
Whereas, the Collier County Planning Commission in a manner
prescribed by law did hold a public hearing on May 21, 1992
concerning these amendments to the Land Development Code; and
Whereas, the Board of County Commissioners did take action
in the manner prescribed by law and did hold public hearings on
July 22, 1992; August 5, 1992; August 19, 1992; September 2,
1992; September 16, 1992 and October' 14, 1992 concerning these
amendments to the Land Development Code; and
Whereas, all applicable substantive and procedural
requirements of law have been met.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA THAT:
SECTION ONE: FINDINGS
The Board of County Commissioners of Collier County,
Florida, hereby makes the following findings:
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1. Collier County, pursuant to Sec. 163.3161, et. s~q.,
Fla. Stat., the Florida Local Government Comprehensive Planning
and Land Development Regulation Act (hereinafter the "Act"), is
required to prepare and adopt a Comprehensive Plan.
2. After Adoption of the Comprehensive Plan, the Act, and
in particular Sec. 163.3202(1), Fla. Stat., mandates that Collier
County adopt land development regulations that are consistent
with and implement the adopted Comprehensive Plan.
3. Sec. 163.3201, Fla. Stat., 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 as
required by the Act.
4. Sec. 163.3194(1)(b), Fla. Stat., rgq~ires that all land
development regulations enacted or amended by Collier County
shall be consistent with the adopted Comprehensive Plan, or
element or portion thereof, and any land development 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. Sec. 163.3202(3), Fla. Stat., states that the Act shall
be construed to encourage the use of innovative land development
regulations.
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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 Sec. 1634.3161 et. seq., Fla. Stat., and Rule
9J-5, F.A.C.
7. Section 163.3194(1) (a), Fla. Stat., mandates that after
a Comprehensive Plan, or element or portion thereof, has been
adopted in conformity with the Act, all development undertaken
by, and all actions taken in regard to development orders by,
governmental agencies in regard to land covered by such
Comprehensive Plan or element shall be consistent with such
Comprehensive Plan or element as adopted.
8. Pursuant to Sec. 163.3194(3)(a), Fla. Stat., a
development order or land development regulations shall be
consistent with the Comprehensive Plan if the land uses,
densities or intensities, and other aspects of development
permitted by such order or regulation are compatible with and
further the objectives, policies, land uses, and 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), Fla. Stat., requires 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
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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.
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; encourage the most
appropriate use of land, water, and resources, consistent with
the public interest; overcome present handicaps; and deal
effectiw~ly with future problems that may result from the use and
development of land within the ~otal 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; prevent the overcrowding of land and
avoid undue concentration of population; facilitate the adequate
and efficient provision of transportation, water, sewerage,
schools, parks, recreational facilities, housing, and other
requirements and services; conserve, develop, utilize, and
protect natural resources within the jurisdiction of Collier
County; and to protect human, environmental, social, and economic
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05
resources; and 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 Growth
Management Plan, Chapter 125, Fla. Stat., and Chapter 163, Fla.
Stat., and through these amendments to the Code.
SECTION TWO: ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE
The Collier County Land Development Code is hereby amended as
shown on the side sheets which comprise Exhibit A, attached
hereto and incorporated by reference herein.
SECTION THREE: ADOPTION OF AMENDED ZONING ATLAS MAPS
Zoning Atlas Maps numbers 462728, 462930, 6836n, 6836s,
6908s, 6928s, 6930s, 6932n, 6932s, 6933n, 6933s, 6934s, 472728,
7722 through 7727, 472930, 7902s, 7903n, 7905n, 7909n, 7909s,
791011, 8510n, 8510s, 8515s, 8527n, 872930, 873132, 9511n, 9511s,
9512s, 9514s, 9522s, 9631s, 482728, 482930, 492728, 492930,
1612s, 3911n, 3911s, 3923n, MB7F, 512728 and 52532730 attached
hereto in Exhibit A and incorporated by reference herein, are
amended and made a part of the Collier County Land Development
Code.
SECTION FOUR: CONFLICT AND SEVERABILITY.
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
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provision and such holding shall not affect the validity of the
remaining portion.
SECTION FIVE: EFFECTIVE DATE.
This Ordinance shall become effective upon receipt of
notice from the Secretary of State that this Ordinance has been
filed with the Secretary of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of
Collier County, Florida this ,/'~/~ day of ~~
1992.
/~/~///~ BOARD OF COUNTY COMI,ISSIONERS
DATE:
.',ATTEST: BY :'
'i"'. JAMES C. GIL. ES, CLERK MICHAEL J.t/VObPE, ICHAIRMAN
"IJEGAL: SU~ICIENCY
MART}IA N. HOWELL
ASSISTANT COUNTY A2TORNEY
Th~$ ordlne_w~e filed wlFr~ I~e
Secretory of .~t~te's Office_tho
and ocknn'~,'ed.~ement qf.that
EXHIBIT
.,.. LDC page X-7
$~¢, 1.§.5 REGULATING NOISE CONSTRUCTION ACTIVITY.
~ny construction ~ctivities and site prepara~o~
activities including but not limited to land
clearing and ~radin~o excavation and vegetation
removal, authorized or permitted pursuant to the
provisions o~ this Code shall occur only duriDq the
$o%~owinq hours: 6:30 A.M, to 7:00 P.M., Mo. Rday
tbrouqb $~turdav. No construction activity or site
preparation activity is permitted on Sundays or on
the fo~owin~ holidays: New Year,s Day. Memorial
Day, Fourth of July, Labor Day, Thanksqivin~ Day,
~D~ Christmas Qay.
ADY person d~$irin~ to en~a~e in the aforeme~ti0ned
activities beyond the stated hours of limitation.
based upon cases of urgent necessity or upon the
interests O~ public health, saferv and welf~r~ may
aPplY in writin~ to the County Manager or his
designee for an emergency construction permit,
Such application shall state all facts and
circumstances demonstr~tin~ the'need ~0r such
permit, such permits, if qraDted, sba~l be limited
to fifteen days, but may be reDewed (Qr additioDal
periods i~ the emerqeDcy or need therefor
¢ontiDucs... ~.egu~.st$ for renewals of said permit
shall be made in writing prior ~0 the expiration o(
per. mi~s.previously issued pursuant to this Segti0n.
ID the issuance of such permits, the C0unty. Manaqer
or his designee shall weigh all facts an~
circumstances presented and..sbal~ determine whether
the reasons given for the urgent necessity are
valid and reasonable, whether the public health.
s~fety and welfare will be protected or bgt~er
serve~ by granting the permit requested and
whether, should the permit not be ~ranted, the
~nDer and amount of 1Qss or inco~venieDc~ ~0 the
applicant imposes a significant hardshim. Upon an
affirmative finding of the fore~0iDg
considerations, the County Manager or his desi~nee
is authorized to issue the no~s~.Permit. Notice of
said Dermi~ application shall be ~iven to all
DroDertv..owners adjacent to the subject site,
Delete stricken language; add underlined language.
LDC pg. 1-7 Sec. 1.5.5 (cont'd)
During such periods of emergency activities and
durinq the normal construction or site preparation
hours of 6:30 A.M. to 7:00 P.M.. the noise levels
qenerated by construction or site preparation
activities shall not exceed those per.~i~e~ under
the Collier county No~se control.Ordinance or its
successor in function.
1.5.5.1 Excep~ions:
Construction activities or site preparation
activities perfQrmed by the COUnty, state or
federal qoverDments are exempt from this provision
provided that Section Six:E of the Collier County
Noise Control Ordinance. or its successor in
function is complied with,
Delete stricken language; add underlined language.
LDC pg. 1-7
SEC. 1.5.6 PERMITTED USES AND STRUCTURES.
No building or structure, or Dart thereof, shall be
erected, altered, or used. or land or water used.
in whole or in Dart. other than specifically
permitted bv the provisions of each zoping district
in th~s Code, unless otherwise provided,
:i.'I.
Delete stricken language, add un'derlined language.
LDC pg. 1-7
$~C. 1.5,7 pROVISION OF WATER, S~4ER AND REUSe. IRRIGATION
WATER WITHIN THE COLLIER COUNTY WATER-SEWER
DISTRICT; APPLICABILITY TO ~PECIAL pURpOS~
INDEPENDENT GOVERNMENTS.
The Collier County ..Water-sewer District is a
dependent special district created bv .the Florida
~eqislature. Its.qover~iDq .body is e×-of~icio the
Doard of County!commissioners. The COl~r CouDty
Water-sewer District bas..bepn.ch~rg~d .by.the
~eqi~lature with the overall responsibility ~or the
provision of water and sewer services within the
boundaries of the Collier County Water-Sewer
District, which ~re..more particularly described
Chapter ~8-499, Laws o( ~lorida.
This legislative charge ~s con~isten% wi~h the
~pals an~ policies of th9 s~ate ComprebeDs~ve
and the Collier County Growth Management Plan in
that a ye~ional utility system ~ike that
by the Co%lief County water-Sewer D~strict fl)
fulfills the ~oal of assurin~ ~ ability of an
adecuate SUDD1V of water amon~ comoetin~ uses by
recuirin~ development to be compatible with
existing local and regional water supplies,
fulfills the goals of protecting th~ county's
substantial investments in regional.public ~tility
facilities by ma~imizinq.the use of such e~isting
public facilities, {3) fulfills the...go~l o~
economic and efficie.nt provision of quality public
services which eliminates needless duplication of
public facilities and instead employs th~..use of
regional facilities as OPPOSed to multiple or
smaller scale and less efficient local, public or
private utility facilities.
The provision and treatment.of water, sewer and
reuse irrigation water within the co%~%er County
water-sewer District as a matter of local. ~and
developmeDt policy add requIatioB shall be provided
bY Collier County water-sewer District faci%~ties
in conformance with..this Code and all other
~pp~icable County ordinances, regulations and
policies relative to the provisio~ o~ ~UCb utility
facilities and sevvices,
Delete stricken language; add underlined language.
LDC pg. 1-7 Sec. 1.5.7 (cont'd)
The provisions of this Code and all othe~
applicable ordinances, regulations and policies of
the County shall be construed as app~qable
planning and permitting laws, rules, regulations,
and policies which control development of l~Dd~
within the Collier ~Qunt¥ Water-Sewer District to
be services bY a special-purpose qovernment such as
~ community development district.
Delete stricken language; add'underlined language.
LDC pg. 1-8
1.6.3.3 Renderinq of Interpretation. After the Request for
Interpretation has been determined complete, the
Development Services Director or Growth Planning
Director, whichever is applicable, shall review and
evaluate the request in light of the Growth
Management Plan,. the Future Land use Map, the Code
and/or the Official Zoning Atlas, whichever is
applicable, and render an interpretation. The
Development Services Director and the Growth
Planning Director may consult with the County
Attorney and any other County departments before
rendering the interpretation. Prior to the release
to the applicant OF ~ny iDterpretation, the
interpretation sbal~ be reviewed by the CouDty
~ttorney For legal form and sufficiency.
Interpretations made pursuant to this Section shall
b~ rendered within forty-five (45) days of issuance
of a Determipation o~ Completeness made pursuan$ to
sec. 1.6.3.2.
Delete stricken language; add underlined language.
LDC pg. 1-14
SEC. 1.7.10 pUBLIC NOTICE. Due public notice for vested rights
hearings held pursuant to Div, 1,7, shall be ~iven.
For purposes of this Section due public notice
shal~ mean at least fifteen (15) days notice o~ the
time, place and subject matter of such hearing
published one ~1) time in a newspaper of ~eneral
circulation in the area. Notice of the submis~oD
of an application for Vested Riahts De~erl~i~ation
and, when applicable, of public hearings.held
pursuant to this Division shall be prominently
posted bv the applicant on the property for which
the Vested Riahts Determ}nation is sought and shall
be sent at the applicant's expense to prQpe~y
owners within 300 feet of the property lines of ~he
subject property withih fifteen (15) days of the
date o~ yeceipt by, the County of a ~omp~ete~
~pp)ication. Said notice shal~ briefly state the
time and place of the hearinq, the nature of the
matter to be discussed and that written comments
may be filed with the County AttorneY.
Delete stricken language; add underlined language.
LDC pg. l-X4
Section 1.7.1l PUBLIC PARTICIPATION. Affected marties may
submit written comments and pertinent factual
information and d~ta to th~ county Attorney.
Sa~d coDmeBts add pertinent factual
information and data shall b~ reviewed by the
County Attorney or his desianee and when
applicable shall be submitted to the Hearina
Officer aS aD attachment to the County
6ttorDey'$ 'aBd DeveXopmeDt $~rvices Director,s
recommendation to the Hearin~ Officer. Such
written comments and pertinent factual
information and ~a~ shall be submitted within
thirty (~01 days O~ the public notice
specified in Section 1,7,~O a~OV~,
Delete stricken language; add underlined language.
LDC page 1-15
1.8.1.3 Vested Projects.' To avoid undue hardship, nothing
in this Code shall be deemed to require a change in
the plans, construction, or designated use of a
building or property on which a building permit had
been applied for prior to the effective date of
adoption of relevant amendment of this Code.
In addition, nothing in this Code shall be deemed
to require a change in the plans, construction, or
designated use of any property for which a
Development Plan was lawfully required and approved
prior to the effective date of adoption of relevant
amendment of this Code, provided that such plan
shall expire two _(2) years from the date of said
approval, or one {1) year from the date of adoption
of this Code, whichever shall first occur, if pr&or
~o 119 actual construction has been commencedl and
thereafter~ all development shall be in accordance
with the zoning regulations then in effect.
Delete stricken language, add underlined language.
LDC page 1-15
1.8.2 NON-CONFORMING LOTS OF RECORD
In any district any permitted or permissible structure
may be erected, expanded, or altered on any lot of
record at the effective date of adoption or relevant
amendment to this code.
A. The m&n~mum-w&d~h-and minimum yard requirements in
any residential district (ExcePt RMF-6 and
E-SStates) shall be as for the most similar
district to which such lot of record most closely'
conforms in area, width and permitted use, except
that when possible the greater of any yard
requirement in either district shall apply, and
except when specifically provided for in the
district regulations.
B. The minimum side yard requirement in any commercial
or industrial district shall be ~qYa~ ~0 ~b~ heiaht
of the oroDosed principal stru.~%ure, or the minimum
side yard reauirement ~n the district, whichever is
lesser,
Delete stricken language; add underlined language.
LDC page 1-20
1.9 · 1 GENERAL.
The provisions of this Code shall be enforced by (1) the
Collier County Code Enforcement Board pursuant to the
authority granted by Sec. 162.01 et. seq., Fl&. st~t.,
(2) by the Board of County Commissioners through its
authority to enjoin and restrain any person violating
the Code, or (3) by Collier County through the
prosecution of violations in the name of the State of
Florida pursuant to the authority granted by Sec.
125.69, Fla. Stat. The County Manager shall have the
right to inspect those lands, waters, or structures
affected by this Code and to issue citations for
violations.
1.9.1.1 The term CouDt¥ M~Daaer as ~sed in this Code shall mean
the County Manaaer or his designee.
Delete stricken language; add underlined lang6age.
LDC page 1-20
SEC. 1.9.3 COMPLAINTS REGARDING VIOLATIONS.
Whenever a violation of this Code occurs, or is
alleged to have occurred, any person may file a
complaint. Such complaint stating fully the causes
and basis thereof shall be filed in writing with
the County Manager. The County Manager. or his
desiqnee, shall record properly such complaint,
~mmed&a~e}y investigate, and take action thereon as
provided by this Code. He shall maintain as a
public record~ in his office~ the disposition made
of the complaint.
Delete stricken language, add underlined language.
LDC page 1-20
BEC. 1.9.4 LIABILITY.
Any owner, tenant, or occupant of any land or
structure, or part thereof, and any architect,
enqineer, builder, contractor, oF aDy other agent,
or other person, firm, or corporation, either
individually or through its agents, employees, or
independent contractor, violates the provisions of
this Code, or who participates in, assists,
directs, creates, or maintains any situation that
is contrary to the requirements of this Code, shall
be held responsible for the violation and be
subject to the penalties and remedies provided
herein or as otherwise provided by statute or
ordinance.
Delete stricken language; add underlined language.
LDC pages 1-20, 21
PROCEDURES UPON DISCOVERY OF VIOLATIONS:
Upon the determination that any provision of this
Code is being violated, the County Manager or his
designee, before Drosecutin~ said violations before
the Code Enforcement Board, shall send a written
notice by registered or by certified mail return
receipt requested or by hand delivery to the
person(S.) responsible for such violation,
indicating the nature of the violation and ordering
the action necessary to correct it. Additional
written notices may be sent at the County Manager's
discretion.
The written not~ce shall state the action the
County Manager intends to take, if the violation is
not corrected, and shall advise that the County
Manager's order may be appealed to the County
Manager rather than his designee.
%he-¥&o}a~&on=--The-eoun~y-Manager-may-gr~n~-one
~en-~O~-ea½enda~-day-ax~ens~on-~7-~-~he-eo~n~y
Before a violation o~ any of the provisions of this
Code is prosecuted before the Code E~forcem~n$
Doard, w¥itteD Do~ice by Registered or Certified
mail. return receipt requested, shall be s~rved by
~he county MaDaqer or his desiqnee 0ccord~Dq t° the
requirements of Ordinance No. 92- ·
If the violation is of a nature that it can be
corrected by an Official Zoning Atlas amendment or
through the granting of a variance, the County
Administrator is authorized'to suspend enforcement
actions pending the outcome of such proceedings;
provided that the person(s) responsible for the
violation file t~he appropriate application forms"
for Official Zoning Atlas amendment or variance
hearing with the County Manager within ten (10)
calendar days of the receipt of notice of
violation. If the outcome of an Official Zoning
Atlas amendment request or variance request does
Delete stricken language, add underlined language.
pg. 1-21 Sec. 1.9.5 (cont'd)
not remedy the violation, the person(s) responsible
for the violation shall have fifteen (15) calendar
days to correct the violation, unless granted an
extension by the County Manager as set forth above.
In cases where delay would seriously threaten the
effective enforcement of this Code or pose a danger
to the public health, safety, or general welfare,
the County Manager may seek enforcement without
prior written notice by invoking any of the
remedies contained in this Code or otherwise
provided by law.
Delete stricken language, add'underlined language.
LDC pg.
1.9.8 Other Remedies.
1.9.8.6 Requiring replacement by the property owner of any
vegetation removed in violation of the land
alteration and landscaping regulations or in
violation of any permit issued under the Code.
Replacement trees shall be of sufficient size and
quantity to replace the DBM inches removed. At the
time of planting, a replacement tree shall have a
minimum caliper of 0n~ and one half ¢1-1/21 inches
and a minimum height of seven to eight (.7-8~ feet.
w~th~m-~ne-~-~ea~-af~e~-p½am~m~; and
Delete the stricken language, add the underlined language.
LDC pg. 1-24
SEC. 1.10.3 The appropriate fees, costs, and other charges
specified in the schedule of fees, costs and other
charges shall be submitted with, and paid at the
time of, initial application submission or other
initial docume6t submission except as otherwise
specified in this Code or the schedule of fees,
costs, and other charges. The applicant, or if no
applicant, the person requesting the County
service, document, or other item, shall be
responsible for the payment of all fees, costs and
other charges identified in the schedule of fees,
costs and other charges. The fees, costs and
other charges specified in the schedule of fees
and costs and other charges shall be twice the
amount listed for petitions or requests applied
for or approval after-the-fact, with the exception
of minor after-the-fact yard encroachment
requests. Until the applicable fee, costs and
other charges have been paid in full, no action or
activity of any type or kind shall be taken on an
application, petition, or request.
eo~½~e~-e~un~y-by-&~s-du}y-au~bo~&zed-agenes-an~
o~Eee~s-are-exemp~-~Fom-paymen&-o~-~he-~eesr
=os~s/-and-eha=ges-requ½re~-here&n= The provisions
coDtained iD this section shall Dot aDD1V to any
impact fee ordinaDce..
Delete stricken language, add'underlined language.
LDC pg. 1-37
Amend Division 1.22, Repealer, as follows:
Subject Ordinance. Number
eede-£n{o~eement-Board 80-89T-as-amended=
eon~ac%o~s-B~ens~g-Boa~d 90-~05z-as-amendedT-~s-~epea~ed
pro¥~s~ns-ef-~h~s-e~deT
p~o¥~dedT-howeYerT-%ha%-amy
Zoning 82-2, as amended (including the
official zoning atlas adopted
thereunder), except that no
Planned Unit Development (PUD)
ordinance valid and effective
immediately prior to the
effective ~e of this Code
sh~ll be-repealed by ~he
adoption of this Code;
~emp~ra~y-~e-Perm~%sr-~
p~ov~dedy-howeverT-~ha~-a,y
~h~s-e~de-are-re~a~ned-and
Communications Towers 91-84. as amended.
Delete stricken language; add underlined language.
LDC pg. 2-4
2.1.13 REDUCTION OF LOT AREA PROHIBITED. NO lot, even
though it may consist of one or more adjacent lots
of record or yard existing at the effective date of
this Zoning Code shall thereafter be reduced in
size, dimension, or area below the minimum
requirements set forth herein, except by reason of a
portion being acquired for public use in any manner
including dedication, condemnation, purchase and the
like. yards, lot area. and lot dimensions reduced
in.this manner may be reduced by the same amount
involved in the dedication, condemnation, purchase
or similar method of acquisition, but shall not
result~ a front yard less than ten feet (10')in
depth. Lots or yards created after the effective
date of this Zoning Code shall meet at least minimum
requirements established herein.
Delete the stricken language, add the underlined language.
LDC pg. 2-6
2.2.1.2.1 P~rmitted Uses.
1. Golf Courses.
2.2.1.2.2 Us~S ~C~SSory to Per~itted Uses.
1. Uses and structures that are accessory and
incidental to uses permitted as of right
in the GC District.
2. Recreational facilities that serve as an
integral part of the permitted use,
including, but not limited to, club house,
community center building, practice
driving range, shuffleboard courts,
swimming pools and tennis facilities,
snack shops and rest rooms.
3. Pro shops with e~UiDment sales uD to 1.000
square feet in size: restaurants with a
seating caDacit¥ of 157 seats or less and
~hall serve Oatrons no later than 10:00
~. A maxi'mum of two (2) residential dwelling
units for use by golf course employees in
conjunction with the operation of the golf
course.
2.2.1.3 Conditional Uses. The following uses are
permissible as cond'itional uses in the GC
District, subject to the standards and
provisions established in Division 2.7.4.
1. Commercial establishments oriented to the
permitted uses of the District including
gift shopsI pro shops with equipment sales
i~ excess Of ~,000 square feet;
restaurants with seatin~ capacity of
qreater tha~..150 Seats; cocktail lounges,
and similar uses, ex=}us&Ye~y primarily
intended to serve patrons of the golf
course.
Delete the stricken language, add the underlined language.
LDC pg. 2-7
2.2.1.4.3 Minimum Yard Rec~uirement, E~-any-ya~d-abu~ng
~es~den~a ~y-des~na~ed-p~pe~yT-~he-m~n~mum-ya~d
o~-Hse~ A fifty foot (50'~ yard setback
recuirement to~ether with landscaDin~ and bufferin~
pursuant to Section 2.4.7.4. buffer tVDe "B". shall
be provided ad4acent to any residential district
which is contiguous tO tb~ ar~ ~f th~ qolf course
upo~ which is located the ~ubbouse add ~11 relate4
activities to the clubhouse, and adjacent to all
maintenance buildings }oea~{~s. The length of the
buffer shall be of a sufficient distance to block
~he view of recreational activities, parkiDq and
any activities relative to any other buildings.
structures or outside activities from conti~uous
residences.
Delete stricken language; add underlined language.
,oo 65.6,',,,, 29
LDC page 2-8
2.2.2.2.1 Permitted Uses:
1. Single-family dwelling.
2. Agricultural activities, including, but
not limited to: crop raising; dairying;
horticulture; fruit and nut production;
forestry; groves; nurseries; ranching;
beekeeping; poultry and egg production;
milk production; livestock raising; and
animal breeding, raising, training,
stabling or kenneling, and aquaculture
for native species subject to State of
Florida Game and Freshwater Fish
Commission permits.
3. Wildlife management, plant and wildlife
conservancies, wildlife refuges and
sanctuaries.
4= Who~es~½e-p~a~-mur~er~es=
4.5= Conservation uses.
~_.6= Oil and gas exploration subject to State
drilling permits and Collier County Site
Development Plan revf~ procedures'.
6__=.~= Family Care Facilities, subject 'to Sec.
2.6.26.
NOTE: This section must be renumbered accordingly.
Delete stricken language; add underlined language.
LDC page 2-8
2.2.2.2.1 Permitted Uses:
8. Communications.Towers UP ~o specified height.
~ubject to sec. ~,6,~5,
NOTE: Section will have to be renumhered accordingly.
Delete stricken language, add underlined language.
LDC page 2-8
2.2.2.2.2 Us~s Accessory to Permitted Use~.
3. Retail sales of
~aricultural products grown primarily on the
property and further subject to a review of
traffic circulation and safety
concerns.
Delete stricken language, add underlined language.
LDC page 2-8
2.2.2.2.2 Use~ ACCeSsory ~o Pevmttted Uses.
4. Packing house or similar agricultural
processing of farm products produced on the
property subject to the following
restrictions:
a. Agricultural packing, processing or
similar facilities shall be located on a
major or minor arterial street, or shall
have access to an arterial street by a
public street that does not abut o=-~s
not-~o=a~ed-w&th&n-any- properties zoned
RSF-1, RSF-2, RSF-3, RSF-4, RSF-5, RSF-6,
RMF-6, RMF-12, RMF-16, RT, VR, MH, TTRVC
and PUD or residentially uses.
Delete stricken language; add underlined language'.
33'
LDC page 2-9
2.2.2.2.2 Uses ~ccesso~y to Permitted Uses.
8. Use of a mobile home as a temporary residence
while a permanent single family dwelling is
being constructed, subject to the following:
e=d. The mobile home must be removed at the
termination of the permitted period.
bas&s-on}y?-no~-~o-ex=ee~-%he-~ura%&on-o~-~he
rur~E-~rEeu½~ur~½-u~e-of-E~n~-for-eommere½~½
u~e-and-fur~her-pr~v~a~ng~-~he-app~e~n~
eEo~er-~h~n-one-hun~red-fee~-(~$0e~-from-~ny
hun~re~-fee~-(5~-from-any-Fe~er~½-hEghway
9. A mobile home or trailer, used in connection
with the rural agricultural district uses is
permitted on a temporary basis only, not to
exceed the duration of the rural agricultural
use of land for commercial purposes for which
the mobile home is a permitted accessory use
for three (3) years. Said mobile home use is
renewable annually thereafter providing that a
permit for such temporary use is obtained from
the Director, upon a showing that said
agricultural use of land for commercial
purposes is a continuing use and further
providing that the applicant is utilizing, for
such agricultural use a tract of five (5)
acres or more, except that part lying in
public road rights-of-way. Such mobile homes
or trailers shall not be located c)oser than
Delete stricken language; add underlined language.
LDC pg. 2-9 Sec. 2.2.2.2.2 (cont'd)
one hundred feet (100") from any County
highway line, two hundred feet
(200') from any State highway right-of~way, or
five hundred feet (500') from any Federal
highway right-of-way line.
~0.97 Recreational facilities that serve
as an integral part of a residential
development and have been designated, reviewed
and approved on a site development plan or
subdivision mas~er plan for that development.
Recreational facilities may include but are
not limited to golf course, clubhouse,
community center building and tennis
facilities, parks, playgrounds and playfields.
Delete stricken language; add underlined language.
LDC page 2-10
2.2.2.3 Conditional US~S, The following uses are permitted
as conditional uses in the Rural Agricultural
District (A), subject to the standards and
procedures established in Div. 2.7.4.
12. Communication towers above specified height.
subje~ to Sec, 2,6.~.
NOTEs Section will have to be renumbered accordingly.
Delete stricken language, add underlined language.
LDC Page 2-10
2.2.2.3 Conditional Uses.
17. Golf Courses and/or Golf Drivina Ran09~,
Delete the stricken language, add the underlined language.
~oo, ~56~,~ 37
LD¢ pg. 2-10
2.2.2.3 Conditiona~ Uses.
21. Retail plant purserigs subject to tb~
following conditions~
a. Retail sales shall be limited to the sale O~
plants, decorative Products such as mulch or
stone, fertilizers, pesticides, and other
products add tools accessory to or required
for the plantin~ or maintenance O~ said
Plants.
b. The sale of large power equipment such as lawn
mowers, tractors, and the like sha~l Dot be
permitted in association with a retail Plant
nursery in the Rural Aqricultural distr~G~,
NOTE= This section will need to be appropriatelyren,~mhered.
Delete stricken language; add underlined language.
,oo,,38'
LDC Page 2-10
2.2.2.3 Conditional Uses
21. A~Dhaltic Batch Making Plants independent of
~n¥ aqqre~ate mining process subject to the
$oll0winq conditions:
a. ~spbaltic batch making plants may be
~permitted within the area desianated
AgricUltural rural land use on the Future
band Use Map to the Future b~nd ugg
9~emept o~ the GrQwth M~Daqeme~ Plan add
sha~l not be permitted through this
~ond~iopa~ use process as property zoned
agricultura~ but otherwise located with
the area designated Urban Mixed Use
subd~strict on the Future Lan~ USe ~ap t~
the Future Land use element of the Growth
ManagemeDt P~aB,
b. The minimum site area shall not be less
than ten ¢10) acres.
C__=. The Site shall gain it~ pri~cipa~ access
from a street designated collector or
higher classification of'road as
designated by the Future Traffic
circulation Element of the Growth
Management Plan.
Raw materials storage, plant ~ocat~on an4
General operations around the plant sb~ll
not be located or conducted.within one
hundred (100} feet of any exterior
boundary.
e. The height of raw material s~rage
'~acili'ties shal~ Dot exceed a height of
fifty (50) feet.
f__=. Hours of operation shall be limited to
two hours before suprise to su~set,
Delete stricken language; add underlined language.
LDC pg. 2-10 Sec. 2.2,2.3 (cont'd)
The minimum se~Ck from the principal
road froD~qe shall be one hundred fifty
(150} feet for opera~ional faci~ities and
seventy-five (75} feet for suDDortinq
~administr~t~ve o~fic,s and associated
parkinq.
An earthen berm achievinQ a vertical
beiqht o~ eight rS) feet or equivalent
veqetative screen with eighty oercent ¢80
~) opacity one year after issuance of
certificate of occupancy sha~ be
constructe~ or created around the entire
perimeter of the property.
i. Comp~iance with all applicable ordinances
Of Collier County particularly the
Well~ield protection Ordinance No, 9~-103
and the Noise O~dina~Ce Fo. 90-17,
The plant shall not be located:
~) within th~ Greenline Area of. Concern
for the ~orida State Par~ system as
established by the Department of Natura%
Resources (DNR).
~) within the Area o~ Crttica~ State
concern as depicted on the Future ~and
Use Map,
3) within 1.000 feet of a Datura~
reservation.
4) w~thiD any county. State or Federal
~urisdictional wet~and area.
Delete stricken language; add underlined language.
LDC Page 2-10
2.2.2.3 Conditional Uses
21. Cultural, Educational, or Recreational
Facilities and their related mQdes of
traDsportin~ participants, viewers,oF p~trons
where applicable, subject to a~ applicable
federal, state add lQcal permits.
NOTE: This section will have to be ren~mbered accordingly.
Delete stricken language; add underlined language.
LDC page 2-10
2.2.2.3 Conditional Uses.
10. Child care centers= and Adul% day care
centers,
LDC page 2-12
2.2.3.3 gonditional Uses.
3. Child care centers= ~Dd Adult day care
centers.
LDC page 2-14
2.2.4.3 ~onditional Uses.
4. Child care centers= and Adult day care
centers,
LDC page 2-17
2.2.5.3 Conditional Uses.
3. Child care centers= ~Pd ~dult day care
cepter$,
Delete stricken language, add underlined language.
m ''' m
LDC pg. 2-12
DIV. 2.2
Hodif¥ section as follows:
BEC. 2.2.3 ESTATEB DIBTRICT
2.2.3.3. Conditional Uses. The following uses are permissible
as conditional uses in the Estates District (E),
subject to the standards and procedures established
in Div. 2.7.4:
1. Churches and other places of worship.
2. Social and fraternal organizations.
3. Child care centers.
4. Schools, Public and Priva~9%
5. Group Care facilities (Category I nnd-~E);
Un'ts7 and Nursing Homes subject to Sec. 2.6.26.
6. Cateaor¥ II Group Care Facilities and Care un~t~
(subject to Sec. 2,6.~6) only wheD the tenancy of
the person or persons under care wou~.d not:
a. constitute a direct threat to
safety of other individuals:
b. result in substantial Dhysica~ damaqe to
the property of others: or
c_~. result in the housin~ of individuals who
are enqaqed in the current, illegal use Of
or addictio~ to a controlled substance,
defined in Section 802 of Title ~, U.S,
Code.
LDC pg. 2-14
DIV. 2.2
Modify section as follows:
SEC. 2.2.4. RESIDENTIAL SINGLE FAMILY DISTRICTS
2.2.4.3 Con4ittonal Uses. The following uses are
permissible as conditional uses in the residential
single family districts (RSF), subject to the
standards and procedures established in Div.
2.7.4.
1. Non-commercial boat launching facilities, and
multiple dock facility.
2. Churches and houses of worship.
3. Schools, Public and Private.
4. Child care centers.
5. Cjuster housing, subject to Sec. 2.6.27.
6. Golf courses.
7. Group Care Facilities (~a~egory I
ease ~n&~s~ and'Nursing Homes; subject to
Sec. 2.6.26.
8. Cateqorv II GrouD'Care Facilities and Car,
Units (subject to Sec. 2,6,26) only wheD the
tenancy of the person or DersoDs udder car,
would not:
a. constitute a direct threat to the health
safetv of other individuals;
b__=. result in substantial Physical damage to
the DroDertv of otherS; or
c. result i~ the housinq of individuals who
are en~a~ed in the current, illegal use of
or addiction to a controlled substance,
defined i~ Section 802 of Title 21, U.S.
Code,
44:
LDC pg. 2-14
2.2.4.3 Conditional Uses
5. Cjuster h~m~ dve o m t to ' ~
w a s subject to Section
2.6,27.
Delete stricken language; add underlined language.
LDC pg. 2-14
2.2.4.3 Conditional Uses.
8. Recreational facilities intended ~0 serve a~
existing and/or developing residential
community as represented bv all of the
properties/lots;parcels included in an
approved Preliminary Subdivision Plat. or S%te
Development Plan. The use o~ said
recreational facilities shall be limited %o
the owners of property 9r oGcupants of
residential dwelling units and their quests
within the area of approved Preliminary
Subdivision Plat. or Site Development P~aB,
Delete stricken language; add underlined language.
LDC pg. 2-16 thru 2-18
SEC. 2.2.5 RESIDENTIAL MULTI-FAMILY-6 DISTRICT (R}~F-6).
2.2.5.1 Purpose. and Intent. The purpose and intent of the
Residential Multiple Family-6 District (RMF-6) is to
provide for ex~s~&ng-~oned-~an~-fo= single family,
two-family and multi-family residences having a low
profile silhouette, surrounded by open space, being
so situated that it is located in close proximity to
public and commercial services and has direct or
convenient access to collector and arterial roads on
the County major road network.
RMF-6-d~s~r~e%-prov½~ed-fer-an-add~en~-~s~r~e~
~s-~n~emded-%ha%-e~½s~½ng-RMF-ff-~oned-~en~s-be
%
The RMF-6 District corresponds to and implements the
Urban Mixed Use land use designation on the Future
Land Use Map of the Collier County Growth Management
Plan. The maximum density permissible in the RMF-6
District and the Urban Mixed Use. land use
designation shall be guided, in part, by the Density
Rating System contained in the Future Land Use
Element of the Growth Management Plan. The maximum
density permissible or permitted in this district
shall not exceed the density permissible under the
Density Rating System.
2.2.5.2 Permitted Uses. The following uses are permitted as
or right, or as uses accessory to permitted uses, in
the RMF-6 district.
Delete the stricken language, add the underlined language.
LDC pgs. 2-16 thru 2-18 (cont'd)
2.2.5.2.1 Permitted Uses:
1. Single-family dwellings.
2. Duplexes, Two-F~milv DwellinGs
3. Multiple family dwellings, Townhouses except as
provided by Se~. ~,6.36..
4. Family Care Facilities, subject'to Sec. 2.6.26
2.2.5.2.2. Uses Accessory to Permitted Uses:
1. Uses and structures that are accessory and
incidental to uses permitted, as of right in the
RMF-6 district.
2. Private boat houses and docks, subject to Sec.
2.6.21.
3. Recreational facilities that serve as an
integral part of a residential development and
have been designated, reviewed and approved on
a site developmen~ plan or subdivision master
plan for that development. Recreation
facilities may include but are not limited to
golf course, clubhouse, community center
building and tennis facilities, parks,
playgrounds and p~ayfield~.o
2.2.5.3 Conditional Uses: The following uses are
permissible as conditional uses in the RMF-6
district, subject to th~ standards and procedures
established in Div. 2.7.4:
1. Churches and houses of worship.
2. Schools, PUblic and Private.
3. Child care centers.
4. Civic and cultural faciliti~s.
5. Recreational facilities not accessory to
principal use.
6. Group care facilities (Category I and II); Care
Units; Nursing Homes; subject to Sec. 2.6.26.
7. Non-commercial boat launching facilities.
8. Cjuster Hous&ng DeveloPment. subject to Sec.
2.6.27.
2.2.5.4 Dimensional Standards. The following dimensional ·
~tandards shall apply to all permitted multi-family
accessory, and conditional uses in the RMF-6
district.
2.2.5.4.1 Minimum Lot Area: ~7~68-square-~ee-~or-ea=h-dwe}}~ng
Delete the stricken language, add the underlined language.
LDC pgs. 2-16 thru 2-18
e Faro du e and two- am dwe lin s:
s ua dw n u t.
Multiple famil~ and townhouse: One (1] acre.
2.2.5.4.2 Minimum Lot Width: 100 feet.
2.2.5.4.3 Minimum Yard Requirements:
1. Front Yard: Thirty-five (35) feet.
2. Side Yard: Fifteen (15) feet.
3. Rear Yard: Thirty (30) feet.
2.2.5.4.4 Maximum Height of Structures:
1. Principal Structures: Three (3) habitable
stories.
2. Accessory Structures: 15'.
2.2.5.4.5 Maximum Density': Actual maximum density shall be
determined through application of the Density Rating
System established in the Collier County Growth
Management Plan, not to exceed six (6) dwelling
units per ~ross acre.
2.2.5.4.6 Distance Between Structures: The distance between
any two i2) principal structures on the same parcel
shall be ~h~ty-~ee~-~8~T ~ teen fee ' or a
distance equal to one-half (1/2) the sum of their
heights, whichever is greater except as otherwise
provided at Sec. 2.6.27.' For accessory structure
yards, see Sec. 2.6.2.
2.2.5.4.7 Development Standards for Non-Conforming Lots of
Record: The following development standards for
non-conforming lots of record in the RMF-6 district
shall be the exclusive exception to development
standards in the RMF-6 district available to such
lots. No other variance, waiver, exemption or other
exception to the RMF-6 district development
standards for lot area or density shall be permitted
ce t sot e w's v'ded.
1. Single family and two family dwellings, in
conformance with the development standards of
the RSF-6 district.
Delete the stricken language, add the underlined language.
LDC pg. 2-16 thru 2-18
2. Multi-family dwellings, in conformance with the
development standards of the RSF-6 district;
except non-conforming lots ~= of record need
reauire 6,500 square feet for each dwelling
unit as the minimum lot area; and further
providin~ that~he~ calculatincJ the density on
th~se non-conforming lot~, a fractional unit of
.50 or greater of a unit shall entitle the
applicant to an additional unit.
2.2.5.4.8 Minimum Floor Area: 750 square feet.
2.2.5.4.9 Minimum Off-Street Parking: As required in Div.
2.3.
2.2.5.4.10 Landscaping: As required in Div. 2.4.
2.2.5.4.11 Signs: As required iA Div. 2.5.
Delete the stricken language, add the underlined language.
LDC pg. 2-18
2.2.6.2.1 Permitted Uses.
2. Townhouses, ~gbject to the provisiQns of Sec.
2.6.36.
LDC Page 2-19
2.2.6.2.3 Conditional Uses.
LDC Page 2-20
2.2.7.2.1 Permitted Uses ....
2. Townhouses, ~ubJ~ct to the provision of Sec.
2.6.36.
LDC Page 2-21
2.2.7.3 ~onditional Uses.
NOTE: Ren,,mhering of section will be required as appropriate.
Delete stricken language; add underlined language.
LDC page 2-19
2.2.6.3 Conditional Uses.
1. Child care centers= ~Dd AdUlt day care
~enters.
LDC page 2-20
2.2.7.3 CQDditional Uses.
1. Child care centers= and Adult day care
centers.
LDC page 2-24
2.2.9.3 Conditional Uses.
2. Child care centers= and Adult day care
centers.
LDC page 2-26
2.2.10.3 Conditional Uses.
1. Child care centers= ~Dd Adul~ dav care
centers.
Delete stricken language, add underlined language.
LDC page 2-19
Revise Section 2.2.6.4.6 so that the Section reads as follows:
2.2.6.4.6 Distance Between Structures: The distance between
any two (2) principal structures on the same parcel
shall be fifteen feet (15'), or a distance equal to
one-half (1/2) the sum of their heights, whichever
is greater?~ ~×ceDt as otherwise provided for
Dro~ects developed pursuant to the provisions of
Sec. 2.6.27. For accessory structure yards, see
Sec. 2.6.2.
Delete stricken language, add underlined language.
056- : 53
LDC page 2-21
2.2.7.4.6 ' e c s' The distance between
any two (2) principal structures on the same parcel
shall be thirty feet (30'), or a distance equal to
one half (1/2) the sum of their heights, whichever
is greater=~ t e w' ov
o'e t d v u u t to e ~
S ' . . 7 For accessory structure yards, see
Sec. 2.6.2.
Delete stricken language, add underlined language.
LDC pg. 2-21
2.2.8.2 Permitted Uses. The following uses are permitted
as of right, or as uses accessory to permitted uses
in the Residential Tourist District (RT).
2.2.8.2.1 Permitted Uses:.
1. Hotels and Motels
2. Multiple Family Dwellings
3. Family Care Facilities, subject to Sec.
2.6.26.
4. Townhouses subject to Sec. 2.6.36.
Delete stricken language; add underlined language.
LDC pg. 2-24
2.2.9.3 ' O S
9. v
v
o
ub 'v's o 're ye o
Delete stricken language; add underlined language.
LDC page 2-26
2.2.10.2.1 Permitted Uses;
1. Mobile Homes
2. Family care Facilities. subject to Sec. 2.6,26.
3. Recreational Vehicle~ CR.V.) as defined in the
TTRVC District for those areas zoned MHTT
Drier to October 14. 1974. in accordance with
an amoroved Master Development Plan
desianatin~ sDecific areas for R.V. spaces.
The Development standards of the TTRVC
District (excludina lot size and area) shall
aDO1V to the placement and uses of land in
sa~d R,V, area~ .
Delete stricken language; add underlined language.
LDC pg. 2-26
2.2.10.3
5. e v
m ' s t o
o s cud d n a
a ved ub vis P D o
' Dev o a e use o sa'
b t
w o u
es s a
t ye
ub v' a o v e
Delete stricken language; add underlined language.
58'
LDC page 2-26
2.2.~0.4.3.4 c · o -
t o o -
e w' o o e t w
w s e c ct o
· s o b sub' c t e o w'
' ' U
w e t t t
' e w e ad' u d
'n' um a d te 0 e t u u e
or the o s' e ' ard.
Delete stricken language; add underlined languagu.
LDC page 2-26
2.2.J. 0.4.4 M~}{imum Hei{lhto Thirty feet {30~'}.
2.2,10.4,4.2.-1 Uses Accessory To Permitted Uses. Twenty (20)
feet.
Delete stricken language; add underlined language.
~oo~ ~56~: 60
LDC page 2-28
2.2.11 TTRVC District
2.2.11.1 Purpose and Intent. The provisions of this
district are in~ended to apply to trailer lots for
travel trailers, park model travel trailers and
recreational vehicles, not exceeding 480 square
feet in gross floor area. Such trailer lots are
intended to accommodate travel trailers, park model
travel trailers, pick-up coaches, motor homes, and
other vehicular accommodations which are suitable
for temporary habitation, used for travel,
vacation, and recreational purposes. Campsites are
intended to accommodate temporary residency while
camping, vacationing or recreating. TTRVC vehicles
may be permanently located on a lot; however, no
person or persons may occupy said vehicles as
permanent places of residence. ?he-max~m~m-dens~ty
pe~m~ss~b~e-~n-~he-?r~ve~-?ra~er-Ree~ea~na~
Veh~e~e-eamp~nd-B~s%r~-w~h~n-~he-~rban-M~xe~
by-~he-Bens~%y-Ra~½n~-Sys%em-e~n%a~ne~-~n-~he
F~%~re-Ban~-~se-E~emen~-ef-~he-Re½~e~-e~n~
8r~w~h-Mama~emen%-P~an~--~he-max~m~m-~ens~
exeeed-%he-~ens~%y-perm½ss~B½e-~n~er-~he-Bens~y
2.2.11.4.6 Maximum DensitY'. A=~ua½-max~mum-~ens~y-sha~-be
Srow~h-Managemen~-P}an-no~-~-ex=eed-~we½ve Twelve
(12) units for each acre.
Delete stricken language; add underlined language.
LDC page 2-29
2.2.11.2.2 Uses Accessory To ~eFm~tted us~s.
4. Accessory uses and structures customarily
associated with travel trailer recreational
vehicle lots including:
(1) . . .
(2) A screened-in porch elevated or at ground
level with a solid roof structure,
architecturally compatible with its associated
recreation vehicle, not to exceed an area
equal to the area of the recreation vehicle to
which it is attached. Said screened-in porch
shall provide for any site utility/storage
space requirements as herein provided and
shall not contain any other interior walls.
All such screened enclosures must be permitted
and constructed according to this Code and
applicable Building Codes~. Fo heating, air
conditioning or h~ater systems or parts of
systems including ducts or grills may be
constructed or contained in such screened-in
porch. Exterior walls may be enclosed with
vinyl windows, except that the storage area
may be enclosed with the same material as the
principal unit. vinyl windows are reauired to
extend from the underside of the roof framing
to the finish floor elevation. Kick Plates are
Dot permitted to extend hiqher thaD eiqhtee~
inches (18") above the finish floor~ K~c~
Plates must be Dart of the screen enclosure
assembly~
Delete stricken language; add underlined language.
LDC page 2-32, 33
2.2.11.4.15 Compliance. Where travel trailer/park model lots
are being sold to individuals~ the developer/owner
of the lots shall include in the title transfer
document a covenant attesting to the fact that the
lot cannot be used as a place of permanent
occupancy. All TTRVC parks which commenced
construction after the effective date of this
district shall comply with all requirements of this
district except as further provided herein. No
TTRVC park ~ha~-e~s~s in existence on the
effective date of this district shall be altered so
as to provide a lesser degree of conformity with
the provisions of this district than existed on the
effective date of this district. Land already
zoned TTRVC which does not meet the acreage
requirements may be developed; however, the
development shall conform with all other
regulations of this district.
Every proprietor, manager, homeowner~ association,
or condominium associationT of a TTRV park shall
maintain a register of tenants or occupants~ noting
the duration of the rental arrangement or length of
occupancy for owner/occupied sites with respect to
one (1) or more travel ~railers'or park models.
Said register shall be made available upon demand
to the County Manager. In the event of
owner/occupied lots within the TTRVC district, said
owner is responsible fo~ registering his or her
arrival and departure from their recreation
residence with the manager of the TTRVC park.
Failure to register will hold the owner responsible
for penalties as herein provided. Failure of park
owner/manager to provide.said register, duly
describing the persons who have occupied a travel
trailer or park model trailer~ and the duration of
their occupancyl shall be guilty of a misdemeanor
and subject to the penalties provided by this Code.
Any proprietor or manager who maintains a falsified
register to allow persons to occupy a travel
trailer or park model trailer w~%h&m-~he-TTRVe
permanent basis shall be similarly guilty of a
misdemeanor and subject to penalties as provided in
this Code.
Delete stricken language; add underlined language.
LDC page 2-33
2.2.11.4.16 Flood P}a~n-E½ewa%½ens
All travel trailers, park model travel
trailers, recreational vehicles and accessory
structures shall
~ if permanently
attached to the ground or utility facilities.
Delete stricken language; add underlined language.
LDC page 2-33
2.2.12 eomme~c~a~-Pr~ess~ena½~T~ans~oma~-B~s~¢~
~e-}T~ commercia~ Professional District (C-i~ and
C~mmerc~a~ pro~essional/Transitional District
¢C-1/T).
2.2.12.1 Purpose and Intent.
ed~eeen~-~e-h½ghways-ana-et~et~a~-~eeds~ The C-1
Commercial Professional~ams~ene~District is
intended to permit those uses which minimize
pedestrian and vehicular traffic. The provisions
of the C-1 District are intended to apolv to areas
located adjacent to highways and arterial roads,
Landscaping, controlled ingress and egress, and
other restrictions are intended to minimize
frequent ingress and egress to the highway from
abutting uses. The C~l District is designed to be
compatible with all residential uses as well as
residential uses located along arterials.
· h~s The c-%/T commer¢[a~ ?r0fessiona~/Transit$ona%
Distric% is e~se intended to apply to those areas
that are transitional,'located"b&tween areas of
higher and lower intensity development that are no
longer appropriate for residential development.
The uses in this district are intended as an
alternative to retail and meet the intent of the
C-1/T Commercial Professional/Transitional
District. Those areas identified as (C-%/T) shall
be further noted on the zoning atlas~
~h~s-d~s~t~% The Commercial Professional District
and the Commercial Professional/Transitional
District are consistent with the locational
criteria for commercial and the goals, objectives
and policies as identified in the Future Land Use
Element of the .Collier County Growth Management
Plan. The maximum density permissible in the
Commercial Professional ~istrict and the commercia~
Professional;Transitional District e~d in the Urban
Mixed Use ].and use designation shall be guided, in
part, by the Density Rating System contained in the
Future Land Use Element of the Collier County
drowth Management Plan. The maximum density
permissible or permitted in a district shall not
exceed the density permissible under the Density
Rating System.
Delete stricken language; add underlined language.
.'~ LDC pg. 2-33
2.2.12.1 (new paragraph)
The C1/T Zoning District. where u~ilized to meet the
inten~ of the Commercial Under Criteria provisions
~ the Future Land Use Elemen~ o( the Cgmprehensive
growth ManaGement Plan. sha%l only be ~pplied one
time to serve as transitional use and will not be
permitted to e×Dand adjacent to other Cl/T zoninG.'
The only exception is the e~p~DsioD of CX/T zoning
that was apprQved pursuant tO ~he ~oning
Re-evaluation ProGram.
"'~" Delete the stricken language, add the underlined language.
· 66
LDC page 2-34
2.2.12.2.1 ~.
7. n iv dua a d F o ' Se v c s 83
~ c e ad d'
a u ~
~OTE~ This section will have to be renumbered accordingly.
,.
Delete stricken language, add underlined language.
LDC page 2-34, 35, 36
2.2.12.2 Permitted uses. The following uses, as identified
with a number from the Standard Industrial
Classification Manual (1987), or as otherwise
provided for within this Section, are permitted as of
right, or as uses accessory to permitted uses in the
C-1 Commercial Professional District add th~ C-1/T
Commercial Professional/Transitional District.
2.2.12.3 Conditional Uses (item "f")
f. The number of residential dwelling units shall be
controlled by the dimensional standards of the C-1.
C-1/T District, together with the specific
requirement that in no~ instance shall the residential
uses exceed fifty percent (50%) of the gross floor
area of the building or the density permitted under
the Growth Management Plan.
2.2.12.6.3 Traffic Generation. T~e proposed use must not
generate in excess of ten five f5%) percent ~8%~ of
~he-eYe~age-~a~y-~ra~e level of service C peak
hour volume desigp capacity on abutting streets that
provide access to the project.
Delete stricken language; add underlined language.
LDC page 2-37
2,2,13 COM~ERCIAL CONVENIENCE.DISTRICT (C-2),
2,2,13,2,1 Permitted Uses.
1, All permitted uses and all conditional uses
except increased height and mixed residential and
commercial uses of the C-1 Commercial Professional
District and the C-1/T Commercial
Professional/Transitional District,
Delete stricken language; add underlined language,
LDC page 2-38
Add the underlined language' to the Dimens ona tanda s
provision in each of the following zoning districts.
2.2.12.4 na Sta a d . The following dimensional
standards shall apply in the C-1, C-1/T District.
ate .P a
a a utu a s
e ut G w
e sh su e an ess st '
eu o a' u' so
2.2.14.4 ' ens onal Sta d d . The following dimensional
standards shall apply to all permitted, accessory,
and conditional uses in the Commercial Intermediae
District (C-3). W ec ' dev
c ' e a and sta da d .a s ex ~t ' t e Go de
G te te e
Futu and se emen t o ' Cunt
. owt a a a sba Sue sed a
ess stun ent e ~ e en o lace add~'o a
e' ments od vel ment.
2.2.15.4 e 'o a a ds. The following dimensional
standards shall apply to all permitted, accessory
and conditional uses in the General Commercial
District (C-4). W sec ic der lo m
criter a and S anda ds also exist n the Golde
Ga st r a m aee as e a e
u' em ts o deve o en .
2.2.15 1/2.4 ime s a Standa ds. The .following dimensional
standards shall apply to all permitted, accessory
and conditional uses in the Heavy Commercial
District (C-5). W e s d v
sa a s s' G
a e ste s e o
u u and se ement o t e C e ou
Growth Mana ement lan t e sha sue sede an
ess st in ent re uireme t o ace add~'ona
re u'rements o develo ment.
Delete stricken language; add und~rlined language.
LDC page 2-37
2.2.13.2.~ Permitted Use~.
caretaker's resideDce, sub~e~t to section
2.6.10
Delete the stricken language, add the underlined language.
LDC Page 2-37
2.2.13.2.1 P~rmitted Uses.
7. Gasoline Service Stations (5541 subject
to see~en-~6~9 Section 2.6.28)
Delete stricken language; add underlined language.
LDC page 2-39
2.2.14.2.1
5. Eating an~-Br&mk½~g Places (groups 5812 -
~ 58~3-exeep~-eem~rae%-~eed&m~-~oed
co=k~a&½-½ounges-and-n½gh~-e}u~s All
establishments. engaged in the retail sale of
alcoholic beverages
are subject to the locational requirements of
Sec. 2.6.10).
Delete stricken language; add underlined language.
LDC page 2-40
2.2.14.2.1 Permitted uses.
17. Personal Services (groups 7211. 7212, 7215, 7216
non-industrial dry cleaning onlY. 7221-7251, 7291)
Delete the stricken language, add the underlined language.
LDC page 2-40
2.2.14.2.1 ~ex~mitted Uses:
11. Marinas ¢4493).
~, AD¥ use which was Permissible under the DriQr
GRC zoning district and which was lawfully
9~istin~ prior to the adoption of this Code.
NOTE~ This section will have to be renumbered accordingly.
Delete the stricken language, add the underli'ned language.
LDC pages 2-40
Add new conditional uses to the C-3 Commercial Intermediate
District.
2.2.14.3 1. Amusements and Recreation Services (groups
7911, 7922 community theaters only, 7933,
7991, 7993, 7999 boat rental, miniature Golf
course, bicycle and moped rental, rental of
beach chairs and accessories only).
5. Motion Picture Theaters. £xceDt Drive-ID
(7832).
7. Permitted use with less than seven hundred
fT00) square feet. aross floor area iD %h-
principal structure.
NOTE: Renu=bering as appropriate will be ~uired.
Delete stricken language, add underlined language.
LDC Page 2-40
2.2.14.3 Conditional Uses.
2. Qrinkina Places ~5813 e×cludina bottle clubs.
All establishments en~a~ed in the retail sale
of alcoholic beverages for on-premise
consumption are subject to the locational
requirements of Sec, 2.6.10).
Note: This section will have to be appropriately renumbered.
Delete the stricken language, add the underli'ned language.
LDC page 2-40
2.2.14.3 ¢ond~tional Uses.
5. ~gcial Services ¢8~22-8~99}
NOTE~ This section will have'to De ren~bered accordingly.
Delete stricken language, add underlined language.
LDC page 2-41
2.2.14.4.3. n e e ~_~.
5. ~. Twenty five feet (25')~
0 ' nas
Delete stricken language, add underlined language.
LDC pg. 2-41
2.2.14.4.5
=n~:anQ--Tx~? even 700 square feet
os o for each building on the ground
floor.
Delete stricken language, add underlined language.
LDC page 2-42
2.2.15.2.1 ~.
3. Amusements and Recreation Services-Indoor
(7911-7941, 7991-7993, 79977) O~tdoor - (7999
~ fishing piers and lakes
operation, houseboat rental, pleasure boat
rental, operation of party fishing boats~
canoe rental ~n~y).
Delete stricken language; add underlined language.
LDC pg. 2-42
2.2.15.2.1 Permitted Uses
5. Automotive Repair, Services~ and Parking
(groups 7514, 7515, 7521) and Carwashes (qrouD
754~), Drovided ~hat Carwashes abutting
r~sidential zoning districts shall be subject
to the following criteria:
(II Carwashes designed to serve vehicles
9M~gedinq a capacity rating of one (1~ toni
shall not be allowed·
(2) Minimum yards:
(~} Fromt Yard Setback - Fifty Feet rS0')
(b). Side Yard Setback - Forty Feet (40')
(C) Rear Yard Setback - Forty Feet (40')
(3} Minimum Frontage. A carwash shall not be
located on a 10t with less than one hundred and
fifty feet (150') of ~rontaqe on a dedicated
street or hiqhway, ...
(4} Lot s~e, Minimum eiqhteen tho~san~
(~8,000) square feet·
(~) ~ence Requir~eDts. If a carwash abuts ~
r~sidential district, a masonry or equivalent
w~ll constructed with a decorative finish, six
feet (6') in height shall be erected alon~ the
10t line opposite the residential district and
the lot lines DerDehdicu~ar'to the lot lines
opposite the resideDtia~ district for a
distance no~ ~ess than ~iftee~ Seer (15'). The
wall shall be located within a ~andsGape4
buffer as specified in Section 2,4,7. Ail
wa~ls shall be protected by a barrier to
prevent vehicles from contact%ng them.
(~) Architecture. The buildin~ shall maintain
a consisted% architectural theme alon~ each
bui%dino facade.
Delete the stricken language, add the underlined language.
1356, : 82
LDC pg. 2-42 Section 2.2.15.2.1 (cont'd)
(7) Noise. A carwash shall be subject to
Ordinance No. 90-17. "Collier County Noise
Control Ordinan~',,
(~} Washing and Polishing, The wash~Dq and
polishing operations for all car washing
facilities, including Sel~-service car washing
facilities, shall be enclosed on at least two
sides and shall be c~vered by a roof,
Vacuuming facilities may be located outside the
buildinG, but mat not be located in any
reauired yard area.
(9) Hours of Operation. Carwashes abuttina
residential districts shall be closed from
10:0o p,m, to 7:00
oo o
Delete the stricken language, add the underlined language.
LD¢ page 2-42
Add the following use to the C-4 District:
2.2.15.2.1 Permitted Principal Uses
8. Commercial Printina f2752, e×cludi~q
newsDaDers%
NOTE: This section will have to be renumbered accordingly.
Delete stricken language, add underlined language.
LDC page 2-42
2.2.15.2.1 Permitted Uses,
8. Communications (groups 4812-4841 exeep%
p~ne~p~e-~ansm~ss~m-~we~) includin~
communications towers UD to specified height.
sub4e~ ~o Sec. 2.6.35.
Delete stricken language; add underlined language.
LDC page 2-42
2.2.15.2.1 p~rmitted Uses.
9. ~atina and Drinkina Estab~isb~eDt~ {5812. 5813
e×cludin~ bottle clubs. All establishments
~aaed in the retail sale of alcoholic
~ev~raqes for on-premise consumption are
Subject tO th~ ~ocat~o~a~ requirements of Sec.
~,6.10)
NOTE: This section will have to be renumbare4 accor4ingly.
Delete stricken language; add underlined language.
.,.4.
LDC page 2-42
2.2.3.5.2.3.
~2. o -
NOTEs This section will have to be renumbered accor4ingly.
Delete stricken language; add' underlined language.
~oo~ 056.~: 87
LDC page 2-43
2.2.15.2.1 ~erm~ted Uses.
19, social Services ¢~rouDs 8322-8399~
NOTE: This section will have to ren-mhered accordingly.
Delete stricken language, add underlined language.
LDC page 2-43
2.2.15.3 ~.onditional Uses.
6. Dottle Clubs (All establishments en~aaed in
the re,ail sale of alcoholic beverages for
t o S 0
NOTE: The section will have to be renumbered accordingly.
Delete stricken language; add underlined language.
LDC page 2-43
2.2.15.3 on ' se o -4. The following uses are
permitted as conditional uses in the General
Commercial District (C-4), subject to the standards
and procedures established in Div. 2.7.4.
12. ~ w ves e' ' · c
Delete stricken language; add underlined language.
2.2.15.3 Conditional USES.
23. permitted use w~th less thaD $~v~ bundre~
f700) square feet of ~ross floor area in the
principal structure~
Delete stricken language, add underlined language.
LDC pg. 2-44
2.2.15.4.5 ~ ene ~h~usand-~TeSe
v hud d 70 square feet ~
area for each building on the ground
floor.
Delete stricken language, add underlined language.
LDC Pg. 2-45
2.2.15%.2.1 Permitted Uses
4. Automotive Repair, Services and Parking
(Groups 7513 - 7549). provided that carwashes
abutting residential zoning districts shall be
~ubject tO %he following criteria;
carwash d~si~ned to serve vehicles
e×ceedinG a capacity rating of one
t_pn) shall not be allowed.
Minimum yards:
(a~ Front Yard Setback - Fifty Feet
Cb} Side Yard Setback - Forty Feet (40')
¢c~ Rear Yard Setbac~ - FOrtY Feet (40')
Minimum FrontaGe. A carwash shall not be
~oca~ed on a'%ot with ~ess than on~
hundred and f~fty feet (150'}. of frontage
on a dedicated street or highway.
(4~ hot Size, Minimum eighteen thousand
(18,000) square feet ....
(5). Fence Requirements. If a carwash abuts a
residential district, a masonry or
equivalent wall constructed~%th a
decorative finish, six feet (6') in
height shal~ be erected along the lot
line OPPosite the residential.district
and the lot lines perDendiculaF to the
~ot lines opposite th~ rgsident~a%
district ~or a distance not less tha~
fif~ee~ feet (15'}, The wa%l shall be
~_ocated within a landscaped buffer as
~pecified in Section 2.4,7, All walls
shall be. protected.by a barrier to
prevent yehicle$ from contacting them.
(~ ArchitectUre. The building shall
maintain a consistent architectural theme
along eagh bui;di~g ~acade,
¢7) Noise. A carwash shall bg subjec~ t9
Ordinance No. 90-17, "Collier County
F0ise Coptrol ordinance".
Delete stricken language, add.underlined language.
,oo ff5fi . 93'
LDC pg. 2-45 Section 2.2.15 1/2.2.1 (cont'd)
(8) Washing and Polishinq, The washina and
polishinq operations ~or all car washinq
facilities, includina self-service car
washiDq facilities, shall be enclosed on
at least ~wo sides and shall be covered
by a roof. Vac~umin~ facilities may be
~ocated outside ~be build~, but ma%~
pot be located ~ any required yard area.
C9) Hour~ of operation. Carwashes abutting
~e$idential districts shall be closed
from 10:00 p.m. to 7:00 a.m.
Delete stricken language, add underlined language.
LDC page 2-45
2.2.15 1/2.2.2 Perm~ted Uses.
5. et Ca eta e's R sid c
NOTE: This section will have to b'e renumbered accordingly.
Delete stricken language; add underlined language.
LDC page 2-45
2.2.15 1/2.3 Conditional Uses for e-4 c-5. The following
uses are-permissible as conditional uses in
the Heavy Commercial District (C-5), subject
to the standards and procedures established in
Div. 2.7.4.
Delete stricken language; add underlined language.
LDC Page 2-46
2.2.15 1/2.3 Conditional Uses.
3. Bottle Clubs (~11 establishments enaa~ed
in the r~tai~ sa~e o~ alcoholic beveraqes
~Or on-Drem~se coDsumDt~on..are, sub~ec~ to
the locatiQnal reauireme~ O~ Se~,
2.6.10) ,
NOTE= The numbers in this section will hays to be renumbered
to accomodate this change.
Delete the stricken language,, add the underlined language.
LDC page 2-46
2.2.15 1/2.3 o - The following uses
are permissible as conditional uses in the.
Heavy Commercial District (C-5), subject to
the standards and procedures established in
Div. 2.7.4.
4. Communications (groups 4812-4841 w~h
P~ne½~½e-~ensm~ss~-%ewe~s) with
u W S C
' '%1 '
Delete stricken language; add underlined language.
98'
2.2.15 1/2.3 C dit o a Use .
12. Permitted uses with less than ~7888 seven
~ square feet gross floor
area in the principal structure.
Delete stricken language, add underlined language.
LDC page 2-46
2.2.15 1/2.3 Conditional Us~s.
14. a s s oc
CO t' a s o t 'o o
Delete stricken language; add underlined language.
LDC 2-47
2.2.15 1/2.4.5. m o . ene-~heasand-f~zeee~
S v u d 7 square ~oor area
for each building on the ground
floor.
Delete stricken language, add underlined language.
LDC page 2-48
~.'~ 2.2.16.2.1 ~
1. Agricultural Services (groups 0711, ~
o ' s
~(500')~
~ 0721, exce~
o a tcoto
w' w'o~ b a ~mu
V ~ S e '
~ 0722-0724, 0761, 0782, 0783.
Delete stricken language, add underlined language.
LDC page 2-48
2.2.16.2.1 Permitted Uses
5. Business Services (groups 7312, 7313, 7319,
7334-7336, 7342-7389, includiDg ~%~
($999), subject tO Darkin~ and ~~
Delete the stricken language, add the underlined language.
LDC page 2-48
2.2.16.2.1 Permitted
6. Communication~ (groups 4812-48997-e~e~ud~m~
p=&ma=y-eommun½ea~ens-~wers) ~Dcludin~
communications towers up to specified heights.
subject to Sec.
Delete stricken language; add underlined language.
LDC page 2-48
2.2.16.2.1 Permitted Uses
11. Engineering, Accounting, Research,
Management and Related Services (groups
8711-8~% ~74~).
NOTEs This section will have to be renumhered accordingly.
Delete the stricken language, add the underlined language.
105
LDC page 2-49
2.2.16.2.1 Permitted use~.
38. Wholesale Trade-Nondurable Goods (groups
5111-5159, 5181, 5182, ~9~ except tha~
wholesale distribution of chemicals,
fertilizers, insecticides, and pesticides
shall be a minimum of 500 feet ~rQm ~
residential zonina district, 5192-5199).
Delete stricken language; add underlined language.
LDC page 2-49
2.2.16.3 Co a Us .
1. ~%du it Da~~
· W ' V U
~ 0
s u d e eum a o
s s
us ma co s c t
t a 'c om as a ants a d~
c. hal have m mu o a e o we
t ousa d 000 s ua e ee u d ' m
ot widt o one u d e eet O'
· ' V . U
s t ' e e t
t ta ua o a e o t e o
NOTE: This section will have to be renumbered accordingly.
Delete stricken language, add underlined language.
LDC pg. 2-50
'3. Communications (groups 4812-4899, including
communications towers Shat exceed Spgcified
heights subject to all requirements of Sec.
2.6.35.) .
Delete stricken language, add underlined language.
LDC page 2-50
2.2.16.3 7. Motor Freight Tansportation and Warehousing
(group 4226, oil and gas storage, and
petroleum and chemical bulk stations~=, but
not located within five hundred feet (500')
a residential zonin~ district).
Delete the stricken language, add the underlined language.
LDC page 2-51
2.2.16.3 11. Refuse Systems (4953].
12. ~? Transportation by Air (4581 Airport
flying fields).
~3, ~ Transportation Services (4789
stockyards).
~4.. ~. Wholesale Trade-Durable Goods (groups
5015, 5051, 5052, 5093). Wholesale
Trade-Nondurable Goods (groups 5162,
5169, 5171, 5172, 5191).
NOTE~ This section will have to be ren,,m~ered accordingly.
Delete the stricken language, add the underlined language.
LDC PG. 2-51
2.2.16.4 Dimensional $~aDdards. The following dimensional
standards shall apply to all permitted, accessory,
and conditional uses in the Industrial District
(I). Where specific development criteria
standards also exist in the Go~den Gate Master
p~ano Immo~alee Master Plan or in the Future Land
Use ~e~en~ of the Collier County Growth ManaGement
p~an. they shall supersede any less stringent
requirement or place additional requirements
~eve~op~eDt,
Delete stricken language; add underlined language.
LDC pg. 2-51
2.2.16.4.3 Minimum Yard Reauirement~.
1. Front Yard. Fifty feet (50').
2. Side Yard. Twemty-~ee~-~e~ The sum total
O~ the side yards shall be twenty percent
(~Q~} of the lot width, not to exceed a
D$~imum of fifty feet (50'~, This vard
rec~irement may be apportioned between the
side yards in any manner, except that one
side yard may ~not be less than ten feet
u~less the structure is constructed at the
~d~ proPertY line.
3. Rear Yard. Th~y-~ve-~ee~-~5~v Fiftee~
feet (15').
4. waterfront. Twenty five (25').
5. Railroad R.O.W. No setba~ is required from a
railroad easement, or right-of-way.
6. Yard abutting residential parcel. Fifty feet
(50').
Delete stricken language, add underlined language.
LDC page .2-51
2.2.3.6
· s ' t w o
e ' d s' t 's oc te
w' 'two d ' o e ' ~ ' a
Delete stricken language; add underlined language.
LDC page 2-53
2.2.18.1 (fourth paragraph)
Government owned properties rented or ]eased.to
non-govermental agen=~es ~ for purposes not
related to providing governmental services or
support functions to a primary civic or public
institutional use shall not be zoned for the Public
Use District, but rather, shall be zoned or rezoned
according to the use types or the' use
characteristics which predominate.
Delete stricken language; add underlined language.
LDC pg. 2-58
2.2.20.2.4 ~ e d The minimum area required
for a Planned Unit Development District (PUD) shall
be ten (10) contiguous acres except when located
within an Activity Center or within the Urban
Fringe Areas as designated on the Future Land Use
Map of the Growth Management Plan where no minimum
acreage requirements must be met. For in fill
parcels as defined in Article 6 and the Growth
Management Plan, the minimum area-required for a
Planned Unit Development District (PUD) shall be
two (2) contiguous acres. ! o
v s o
·' 0 V
· -- --W ' OV W V 0
of____~such separated o e t es s a be ess t a
ive ac e
Delete stricken language; add underlined language.
LDC page 2-76
2.2.23.4.4 Sound Level Reauirements ¢SLR) for Buildinqs Or
Structures.
4. ADDrova~ of TvDes of Construction.
1. The Development Services Director, or his
designee, may approve any types-~
construction that complies with the SLR
requirements of the Activities and/or Land Use
Guidance Chart (Appendix III). The SLR
requirements specified in Appendix III of this
Amendment shall be achieved by the use of
assemblies having the South Transmission Class
Ratings specified in Table 403.2, "Minimum
Sound Transmission of Assemblies", of the
Southern Building Code Congress International,
Inc.~ Standard for Sound Control, SSTD 8-87,
incorporated herein and adopted by reference
as Appendix IV.
Delete stricken language, add underlined language.
116
LDC pg.2-78 ~
SEC. 2.2.24 SPECIAL TREATMENT OVERLAy DISTRICT (ST): SPECIAL
~GULATIONS FOR AREAS OF ~NVIRONMENTAL-SENSITIVITY
AND LANDS AND STRUCTURES OF HISTORICAL AND/OK
~RCMA~OLOGICAL SIGNIFICANCE AND THE BIG CYPRESS AREA
OF CRITICAL STAT~ CONCERN.
2.2.24.2.3 ~tablishment of ACSC-ST Overlay District. In
accordance with Sec. 380.05, Florida Statutes and
Chapter 73-131 Laws of Florida, the Administrative
Commission instituted regulations for the Big
Cypress Area of Critical State Concern (ACSC). The
purpose of these regulations is to conserve and
protect the natural, environmental and economic
resources of the Big Cypress Area. Furthermore,
these regulations are to provide a land and water
management system that will preserve water quality,
provide for the optimum utilization of the limited
water resources of the area, facilitate orderly and
well planned development, and protect the health,
safety and welfare of z-esident~'6f the State.
Chapter ~P-~ ~8-25 of the Florida Administrative
Code establishes criteria for site.alteration,
drainage, transportation facilities and structure
installation. These regulations are implemented
through the Land Development Regulations as set
forth in Sec. 2.2.24.3.2. An overlay zoning
classification to be known as Area of Critical State
Concern/Sensitive Treatment Overlay shall be
designated on the Official Zoning Atlas with symbol
ACSC-ST.
Delete the stricken language, add the underlined language.
2.2.24.3,2 Development Standards and ReGulations for ACSC-ST.
1. ~it~ Alteration.
a. Site alteration shall be limited to 10% of the
total site size, and installation of
non-permeable surfaces shall not exceed 50% of
any such area. However. a minimum of 2,500
~are feet may be altered on any permitted
site,
b. ~gr land zoned a~riculture that is enGaGed in
9r is proposing Bona fide a~riculture use(s).
site alteration percentage limits may be
~dJgst~ for site alteration activities
designed for conservation and/or environmental
purp0s~s ~ sgt forth i~ aD Environmental
ImPact Statement approved b? the-Board cf
County Commissioners. Such site alteration
aCt~VSt~gs include: (i) prescribed fires and
associated firebreaks as approved bvothe
Florida Department of Forestry; (ii) removal
and control of listed exotic plant species:
..{~ii] native habitat restoration, tvoical of
the immediate vicinity: (iv) enhancement of
foraging habitat for wildlife species with
Dative, naturally, and locally occurring plant
species;..(v) re~toration of historical
by~roperiods: and Cvi) other activities
designed for conservation and environmental
purposes reviewed on a cas~ by case basis.
B=c. Any non-permeable surface greater than 20,000
square feet shall provide for release of
surface run off, collected or uncollected, in
a manner approximating the natural surface
water flow regime of the area.
e=d. Soils exposed during site alteration shall be
stabilized and retention ponds or performance
equivalent structures or systems maintained in
order to retain run off and siltation on the
construction site. Restoration of vegetation
to site alteration areas shall be
substantially completed within 180 days
following completion of a development.
Revegetation shall be accomplished with pre
existing species except that undesirable
exotic species shall not be replanted or
propagated. Exotic species' are listed below.
Delete stricken language, add underlined language.
LDC pg. 2-79 Sec. 2.2.24.3.2 (cont'd)
Australian Pine (Casuarina SDD.)
Bishopwood (Bischofia iavanica)
Brazilian Pepper (Shinus terebinthifolius)
Melaleuca (Melaleuca SDD.)
Downy Rosemyrtle (RhodomYrtus ~gmentosa)
Earleaf Acacia (Acacia ~uriculiformts)
CatclawMimosa (Mimosa Di~ra)
Java Plum (SYz¥~ium cumini)
d=e. No mangrove trees or salt marsh grasses shall
be destroyed or otherwise altered. Plants
specifically protected by this regulation
include: All wetland plants listed by the
Florida Department of Environmental Regulation
in Chapter 17-301, Florida Administrative
Code, as amended.
e=f. Fill areas and related dredge or borrow ponds
shall be aligned substantially in the
direction of local surface water flows and
shall be separated from other fill areas and
ponds by unaltered areas of vegetation of
comparable size. Dredge or borrow ponds shall
provide for the release of storm waters as
sheet flow from the downs~6am end into
unalterd areas of vegetation. Access roads to
and between fill areas shall provide for the
passage of water in a matter approximating the
natural flow regime and designed to accomodate
the 50 year storm. Fill areas and related
ponds shall not substantially retain or divert
the tidal flow in or to a slough or strand or
significantly impede tidal action in any
portion of the estuarine zone.
~=~. Man made lakes, ponds or other containment
works shall be constructed with a maximum
slope of 30 degres to a depth of six feet (6')
of water. When mineral extraction is completed
in new quarrying lakes, shoreline sloping,
planting of littoral shelves with nursery
grown aquatic vegetation, restoration or
revegetation of the property, and dipo~al of
spoils or tailings shall be completed before
abandonment of th site. Existing quarrying
lakes are exempt from this provision, except
that whenever any person carries out an
activity defined in Sec. 380.04, Fla. Stat.,
as amended, as development or applies for a
development permit as defined in Sec. 380.031,
Fla. Stat., as amended, to develop any
Delete stricken language, add underlined language.
LDC pg. 9--79 Sec. 2.2.24.3.2 (cont'd)
existing quarrying lake area, these
regulations shall apply.
~h. Finger canals shall not be constructed in the
ACSC-ST Area.
Delete stricken language, add underlined language.
120
LDC p~ge 2-8~, 82
2.2.24.4 Port of the Islands. co~e~a~d, a~d. pla~tatiou
Island Mobile Homes[res, ' "
Port of the Islands, CoDeland. and Plantation
Island Mobile Homesites are ks-a- development~
located within the Urban Designated Area, but ks
are also located totally within the Big Cypress
Area of Critical State Concern. A portion of Port
of the Islands was .determined "vested" by the State
of Florida, thus exempting it from the requirements
of Chapter 380, Florida Statutes. There is an
existing Development Agreement between Port of the
Islands, Inc., and the State of Florida Department
of Community Affairs dated July 2, 1985, which
regulates land uses at Port of the Islands.
Development within Port of the Islands shall be
regulated by the Development Agreement and the
residential density and commercial intensities
shall not exceed that permitted under zoning at
time of adoption of the Collier County Growth
Management Plan.
DeveloPment within the ~rban De~ianated Areas of
CoDeland and Plantation Island Mobile Homesite~
shall be subject to review and administra~iV~
approval by the Development Services Director or
his/her desianee for compliance with Area o~
Critical state Concern regulations. Development
will not be required to Go through the process of
filin~ a petition for site alteration or s~-
development plan approval, pursuant to Section
2.2.24.7. This does not. e~emD~ site development
plans required in Section 3.3.3 of the Code.
Delete stricken language, add underlined language.
LDC Page 2-85
2.2.24.8 ~. Where land has an "ST" designation and
the proposed alteration or development area
contains twenty (20) acres or less in gross area,
and where no transfer of development rights are
involved, the Development Services Director may
approve a Site Alteration Plan or a Site
Development Plan. Prior to such approval, the
Development Services Director shall make a finding
that the following conditions exist=
1. The proposed site alteration'or site
development ~ will not require any
modification, ~
X_~q~k~/_~%9_~, of the topography,
drainage, flora, or fauna on the site.
a w
3. No pollutants will. be discharged from the area
that will degrade the air, water or soil below
the levels existing at the time of
application.
All other site alteration or site
v~ plan approvals of
ae~es any size shall be as required in Secs.
2.2.24.4, 2.2.24.5, and 2.2.24.6.
Delete stricken language, add underlined language.
LDC Page 2-88
2.2.25.1 It is the intent of these re~ulations to recognize
the importance and significance of Collier County's
historical and archaeological heritage. TO that
end. it is the Countv's intent to protect,
preserve, and perpetuate Collier County's historiQ
and archaeolo~ical sites, districts, structures.
buildings, and properties.
Further the Board of County Commissioners of
Collier County. Florida finds that these
re~ulations are necessary to protect the Dub~
interest, to halt illicit dieting or excavation
activities which could result in the destruction Q~
prehistoric and historic archaeolocical sites, and
to regulate the use of land in a manner which
affords the maximum protection to historical an~
archaeological sites, districts, structures,
buildincs and properties consistent with individual
property richts, It is not the intent of this Cod,
to deny anyone the use of his property, but rather
to regulate the use of such property in a manp~r
which will ensure, to the greatest decree POssible,
that historic and archaeological sites, districts.
structures, buildings and Properties are protected
from damage, destruction, relocations, or
exportations,
Delete stricken language; add underlined language.
LDC pg. 2-94
2.2.25.5.2 The designation of specific sites, structures,
buildings, districts, and properties may be
initiated by the Preservation Board or by the
property owner. A~-~es½gnat~ens-sha~-be-s~e=~
~o-epp~ova~-By~~he-Bea~d-e~-ee~n~y-eomm~ss½eme~s?
~ The
application shall be in a form provided Dy the
Community Development Services Division. The
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
d b e -
s oa e
· b v
~ The first notice shall
provide all pertinent i~formati~ 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. ~
a v ws e e a o
t
o o Each
designation site, district, structure, property or
building shall have a date 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 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 a
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.
Delete stricken language; .add underlined language.
LDC page 2-107
2.3.5.3.3 The shared parking spaces shall not be separated
from the buildings or uses they are designed to
serve by a roadway designated as a collector or
arterial in the
Element of the Growth Management Plan.
Delete the stricken language, add the underlined language.
LDC page 2-110
2.3.12 - · ~ Where the
developer believes that the parking spaces required
for a specific project are excessive, that
developer may request a var~a~ce-~hrough-~he-n~ma~
· i~ If the
Ya=~snee ~ is approved by the
Board of Zoning Appeals after review and
recommendation by the Planning Commission, the
developer shall reserve an area that is sufficient
in size to provide this parking, in case the
parking is needed in the future. The developer
shall provide additional landscaping ~o= ltrees and
shrubs), o.}y~-amd %Zhis increased landscaping
shall be the same percentage increase over the
normal required landscaping that-the parking spaces
were approved to be reduced by, and further
provided:
Delete the stricken language, add the underlined language.
LDC page 2-112
2.3.14 OFF STREET PARKIN~ AND STACKIN~ REOUIRED 31t~OUNTS=
Amend the Child Care parking standards:
Child Care/Day Two-~ One (1) per employee of the'
Nursery/Kindergarten~ larges= workshift plus one (1~ space
Adult Day Care Centers for every ten (10) children. In
addition,adequate drop-off and pickup
areasYshall be provided.
Add Coin-Operated Laundromat standards to follow Church/House of
Worship/Temple/Synagogue:
:. Coin-Operated (Laundrv, One ¢1)'Der each two f2~ was~in~
· self-service} machines.
To correct typographical errors:
Convenience Store/ One (1) per 200 square feet plus one (1)
Delicatessen/Take Out for each two seats provided for food
Prepared Food Store patrons plus
stacking for five (5) vehicles for
each automatic car wash lane~
Marina, Boatel One (1) per 2 wet boat slips excluding
those used for charter boats plus one (1)
per 5 dry boat storage spaces.. . Uses
not receiving credit from parking
provided for boat slips or day dr~
storage Spaces shall provide parking at.
the normal rate for those uses as
required within this Code.
Delete the stricken language, add the underlined language.
LDC page 2-120
2.3.20.2.2 A parking lot servicing any building or entrance
pathway to a building shall have a number of level
parking spaces, as set forth in the following
table, identified by above-grade signs, as provided
in Sec. 2.3.20.3.4, as being reserved for
physically han~eepped disabled persons:
RE~REB-NFMBER-eP REOUIRED NUMBER OF
TQTAL SPACES IN LOT RESERVED SPACES
up to 25 1
26 to 50 2
51 to 75 3
76 to 100 4
LDC page 121 (cont'd)
101 to 150 5
151 to 200 ~ -
201 to 300 7
301 to 400 8
401 to 500 9
501 to 1000 2% of total
Delete the stricken language, add the underlined language.
LDC page 2-122
2.3.21.2.3 Chan~e in Existin~ Use~ A change of any use
shall be exempt from the minimum parking
requirements as set forth in Sec. 2.3.14 up to
an intensity level of one (1) parking space
per one hundred ~1001 square feet. A change of
use to an intensity ~ greater ~t than one
(1) parking space per one hundred ~1001 square
feet shall require parking at fifty percent
150%1 of the minimum requirement as set forth
under Sec. 2.3.14. No change in use shall
allow for a reduction of the current number of
parking spaces provided.
2.3.21.2.4 Uses in New Buildin~s~ Any use in a building
constructed after the effective date of this
Code will be required to provide parking at
sixty-seven percent 167%1 of the minimum
requirement as set forth in Sec.- ..... ~eT~v
2.3.14, .-.
Delete the stricken language, add tho underlined language.
LDC l:~:J. 2-126
2.4.3.5 (Second paragraph only!
All required landscaping shall be installed in
accordance with plane approved under Sec. 2.4.3.1 -
2.4.3.2.
½~eveea~e-~ebbee-eE-e=ed½bT-pe~e~mmnce-be~-e~
eash-½n-~he-subsbance-e~8-foem-aeeepbab~e-be-bhe
be-sub~ec~-~e-~e}ease-~we}ve-~}-mon~hs-~=em-%~e
U~cn-=e-&ns~ec~&en-~e=-eemg~&amee-~y-eemg~&anee
Services= a w o
v v
o a v
s '
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v es ' o a · s
d os o cas ' ~e e ·
o d' o c a vo e ete o C ed't
t s C 's ~e o
e ov'd d b C' out rmance
u e ' ess t t
t s e v
s e cu e so e
w v
u
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om
ov es s o
' e o c ee
o
a
es s e a e s
d sso t st u o ' u '
v ' e s s om co o t o
' S ' V e
Delete stricken language; add*underlined lang.uage.
LDC Pg. 2-127
2.4.4.1 ~ (2nd paragraph only)
At least seventy-five (75) percent of the trees and
fifty (50) percent of the shrUbs used to fulfill these
requirements shall be native Southern Floridian species,
as determined by accepted valid scientific reference.
For sites that are north and east of U.S. Mi~hwav 41. at
least thirty-five ¢35~ percent of the shrubs used
fulfill these re~uirements shall be native Floridiah
species, as determined bv accepted valid scientific
reference. In addition, for all sites, at le~
seventy-five ¢75) Percent of the trees and shrubs
to fulfill these reauirements shall be drought tolerant
species as listed in the XeriscaDe Plant Guide add
Native Trees and Trees For South Florida fIFAS)~
References to be used in the nativ9 determination may
include, but not be limited to:
Delete stricken language, add underlined language. '
LDC pg. 2-129
Revise section 2.4.4.8, LDC, as follows prohibiting the following
plant species:
2.4.4.8 Prohibited Species. The following plant species are
prohibited.
2.4.4.8.19 Dalberaia sissoo (Indian
2.4.4.8.14 ~ucalvDtus SDD. (EucalYPtUS)
2.4.4.8.15 ~revillea robusta (Silk oak)
This list shall be subject to revision as exotic plant species...
Delete the stricken language, add the underlined language.
2.4.4.14 Landscape Berms. All perimeter landscape berms.
over two ¢2) feet in height, shall mee~ or exceed
the minimum standards as set forth hereig, All
Grassed berms shall have side slopes no qreater
than four to one ¢4:1). Berms planted W~h
Groundcover and landscaping shall have side slopes
no Greater than three to one ¢3:1~. The toe of th~
slope shall be setback a minimum of five rS) feet
~rom the edge of all riGht-of-way and DroDer~v
lines. Existing native vegetation shall b~
incorporated into the berms with all slopes fully
stabilized and landscaped with trees, shrubs, and
Groundcover. Landscape berms shall not be placed
within easements without written approval from all
entities claiming an interest under said easement.
Delete stricken language, add underlined language.
LDC pg. 2-132
2.4.5.2 LandscaDin~ Reo~ired in Interior of Vehicular Use
Areas. At least ten (10) percent of the amount of
vehicular use area on site shall be devoted to
interior landscaping areas. The width of all
curbing shall be excluded from the required
landscaped areas. All interior landscaped areas not
dedicated to trees 'or to preservation of existing
vegetation shall be landscaped with grass,
groundcover, shrubs or other landscape treatment.
One tree shall be provided for every ene two hundred
fifty ~Se~ {2§0~ square feet of required interior
landscaped area. Interior landscaped areas shall be
a minimum of five (5) feet in width and one hundred
fifty (150) square feet in area. The amount of
reouired interior landscape area provided shall be
shown on all preliminary and final landscape Plans.
Delete the stricken language, add the underli~ed language.
C56 , :134
LDC Pagee 2-132 and 2-133
2.4.5.4 c
~ An
s~&ens~ area that is at least ~we seve~ percent
~%~ ~7%~ of the size of the vehicular use areas,
shall be developed as green space within the front
yard(s) or courtyards of shopping centers and
The courtyards shall only be located in areas that
are likely to be used by pedestrians visiting the
shopping center ~e~t. The
seven percent ~%~ ~ green space area shall be
in addition to other landscaping requirements of
this division, and may be used to meet the open
space requirements (Sec. 2.6.3.2), and shall be
labeled "Green Space" on all subdivision and site
plans.
d
v ' v
site. Green space shall be considered areas
designed for environmental, scenic or
non-commercial recreation purposes and shall be
pedestrian-friendly and aesthetically appealing.
Green space may only include the following: lawns,
mulch, decorative plantings, non-prohibited exotic
trees, walkways within the interior of the green
space area not used for shopping, fountains
man-made water courses (but not water retention
areas), wooded areas, park benches, site lighting,
sculptures, gazebos, and' any other similar items
that the Development Services Director deems
appropriate. Green space shall include: walkways
within the interior of the green space area not
used for shopping, a minimum of one (1) foot of
park bench per 1,000 square feet of building area,
and a minimum of one (1) tree for each }58 two
~ square feet of green space
area. The green space area shall use existing
trees where possible and landscaping credits will
be allowed as governed by Table 2.4.4. The green
space areas shall be located in areas that are in
close proximity to the retail shopping area.
Benches may also be located in interior landscaped
areas and seventy-five (75) percent of benches may
be located adjacent to the building envelope along
paths, walkways and within arcades or malls.
Delete stricken language, add underlined language.
LDC page 2-133
2.4.6.1 ~esidential Cnon-multi-familv~ developments: One
(1) canopy tree per ~hree thousand (3,000) square
feet of lot area, or two (2) canopy trees per lot,
whichever is greater, with the maximum number
required: fifteen (15) trees per lot.
Delete stricken language, add underlined language.
2.4.7.1 ~~_~1~_~D3~9~. The purpose and intent of
establishing landscape buffering and screening is
to reduce the potential incompatibility of adjacent
land uses, conserve natural resources and maintain
open space, protect established residential
neighborhoods, and enhance community identity. In
v
V · t
O V O la s
v s'
e s
· v
b v · v v'
u v
d u
es · '- a
u ' o v te e
v · a o
w s v t e
t
~ In order to
minimize negative effects between adjacent land
uses, this dRivision promotes the use of landscape
buffers and screens to eliminate, or minimize
potential nuisances such as dirt, litter, noise,
lights, unsightly buildings and structures, and
off-street parking and loading areas.
Additionally, buffers and screens provide spacing
and landscaping to reduce potentially adverse
impacts of noise, odor, or lighting. Buffering
refers to a strip of land separating adjacent land
uses, whereas screening refers to fences, walls,
berms, trees, shrubs, or a combination of these
screening devices on the buffer strip.
Delete the stricken language, add the underlined language.
LDC page 2-134
Amend Sec. 2.4.7.2, 1st paragraph.
2.4.7.2 APPlicabilitY. The buffering and screening shown
on Table 2.5 shall ~e. required under this s~ection
and shall apply to all new developmentA end-~e
dewe~opmen~-~ha~-=hanges-bH~d&ng-sqHa=e-~oo~age-~
expands-Yeh&eu}a=-~se-~=eesT-~o-~he-g=ea~es~-eM~en~
poss~ble.--These-pro¥~s~efls-sha~t-app~y-te-~he
p=ew&o~s-ex~s~fl~-a~eas-es-we~-as-~e-~he-flew
a=eas~ Existina landscaDin~ which does not co~Diy
with the provisions of this section shall b~
brought into'conformity to the maximum e×t~%
Possible when: the vehicular use area is al~r~d
or expanded e×ceDt for restriDina of lots/drives.
the buildina s~uare footaae is chanaed, or ther~
has been a disconti~uaflce of use for a Der~od of
ninety (90% consecutive days or more and a r~q~S~
for an occupational license to resume busi~S~ ~
made.
Delete the stricken language, add the underlined language.
C56. :138
LDC page 2-134
2.4.7.2 (fifth paragraph only)
The buffering and screening provisions of this Code
shall be applicable at the time of Planned Unit
Development (PUD), Preliminary Subdivision Plat
(PSP) or site Development Plan (SDP) review, with
the installation of the buffering and screening
required pursuant to 2.4.3.5. ~
Delete the stricken language, add the underlined language.
Amendment to Section 2.4.7.2, ~L~~, sixth paragraph.
2.4.7.2 (Sixth paragraph only)
Landscape buffering and screening standards within
any Planned Unit Development shall conform to the
minimum buffering and screening standards of the
zoning district to which it most closely resembles.
The Development Services Director may approve
alternate landscape buffering and screening
standards when such alternative standards have been
determined by use of professionally acceptable
standards to be equivalent to or in excess of the
intent of this Code. Whe~e-e-ee~d~e~a~-Use-~s
zen~n~-d~s~et?-~he-geve~e~mem~-Serv½ees-B~ee~e~
mey-~equ~re-~he-me~e-~ees~ve-½ena-use-~e-~ms~a~
Bu~e~n~-am~-se~een~m~-Be~weem-~hese-uses~--?he
q.
Delete stricken language, add underlined language.
LDC Page 2-134
Section 2.4.7.3 (New 2nd paragraph)
2.4.7.3 Water management systems, which shall include
rp~pDtion and detention areas, swales, and
subsurface installations, shall be permitted within
a r~quired buffer provided they are consistent with
accepted en~ineerin~ and landscaDinu Practice and
the followin~ criteria'
1. Water management systems shall not exceed
fifty percent f50%) of the square footage of
any required side. rear. or front yard
landscape buffer.
2. Water management systems shall not exceed, at
any location within the required side, rear,
or front yard landscape buffer, seventy
P~rC~nt (7Q~) C~ the required bU~fpr width.
3. Exceptions to these standards may be ~ranted
on a case bv case basis, evaluated on the
followin~ criteria':
a. Water management systems, in the form of
dry retentio~ may utilize an area
~reater than fifty percent ¢50%) of the
buffer when exis~iDg Dative v~eta~ion is
retained at natural ~rade.
b. For lots of record 10,000 s.f. or less in
size, water manaaement'areas may utilize
an area areater than fifty percent
of the reauired side and rear yard
buffers. A level planting area of
least three (3) feet in width shall
provided in these buffers.
Sidewalks and ot~er imperv~gu$ a,~eas ~hall no~
occupy anv part of a reauired "Alternative A, B, C,
or D" type buffer. DrivewaYs and sidewalks
constructed perpendicular to the buffer and
providin~ direct access to the parcel shall be
permitted.
Delete stricken language, add underlined language.
LDC page 2-136
Amendment to LDC Section 2.4.7.4, Table 2.4, Table of Buffer
Requirements By Lan~ Use Classifications.
(Column $) 7 8
2.4.7.4 8. Industrial (I) A~ A~
Instruction= delete A2 from Column 7 and ad~ to Column a
which will adjust the footnote "2" 1o that it
appears under the correct column.)
"i : Delete the stricken language, add the underlined language.
056 , :!42
LDc pg. 2-136
Table 2.4
9. Public Use (P)~
NOTE: Community Facility (CF) Zoning District was inadvertently
left out of the Landscape Buffering Table. Staff requests
that this district be included in the table with the same
standards as the Public Use (P) district.
Delete stricken language, add underlined language.
LDC page 2-136
Revise Table 2.4, "Table of Buffer Requirements By Land Use
Classifications", footnote 2, as follows:
~ Industrial (I% zoned property, where abut~.iDg I~dustrial fi}
zoned DroDertv. shall be required to install a minimum.five foo~
(5') wide Type A landscape buffer adgacent to the side and rear
property lines. This area shall not be used for w~ter
management. This reduction in buffer width shall n~ aDDIV tO
buffers adgacent to vehicular rights-of-way or non-industrial
~Qned proper%y,
Delete stricken language; add underlined lan4uage.
LDC page 2-139
2.5.5.12 Flags or insignias of governmental, religious,
charitable, fraternal or other non-profit
organizations. City, county, state or country
flags that will be flown on a flag pole that does
not exceed fifteen (15) feet in height above
finish grade or extend more than ten (10) feet from
any building they are attached to, are allowable if
the number of flags displayed does not exceed those
described in Sec. 2.5.8.1,7 678}A?~ and the flag
poles do not require ~ certified design~n~ amd or
be sealed by a Florida registered engineer as
described in sections 2.5.8.1.7 6?e}A~.
Delete stricken language, add underlined language.
LDC page 2-141
2.5.6.15 Wind Signs {except where permitted as Dart of
Section 2.5.8.2, TemDorarv Sians].
Delete stricken language, add underlined language.
LDC page 2-142
2.5.? ~. Within six months of
~he-da~e-e f[-enae~men~-ef.:-~h;~s-e~de ~
~, or as otherwise
expressly provided within Sec. 2.5.9, all signs
expressly prohibited by Sec. 2.5.6, and their supporting
structures, shall be removed, or, in the alternative,
shall be altered so that they no longer violate Sec.
2.5.6. Billboards with an original cost of one hundred
dollars ($100.00) or more, and which have been legally
permitted, shall be treated as nonconforming signs and
removed pursuant to Sec. 2.5.9.3.
Delete stricken language; add' underlined language.
LDC page 2-143
2.5.8.1.3 Wall~ e~ Mansard. Canopy or ~wniDg Signs. One (1)
wall~ ~= mansard~ canopy or awning sign shall be
permitted for each single occupancy parcel, or for
each establishment in a multiple occupancy parcel.
Corner units within multiple occupancy parcels, or
double frontage single occupancy parcels shall be
allowed two signs, but such signs shall not be
combined for the purpose of placing the combined
area on one wall.
Delete stricken language, add underlined language.
LDC page 2-144
2.5.8.1.5 Ma~quee~,eanopy-e~-Awn~flg-S~gfls=--~n-add~½~-t~
afly-e~he~-s&gn-wh~eh-~s-e~}owe~-by-%h&s-e~d~fleneer
one-~-marqueeT-eanepy?-or-awn~ng-s*gn-sha~-be
~r---g½gns-~eea~e~-en-a-maFqvee?-eamepyT-eF-awn~m~
een~e~n-}e~e=s-ne~-~ree~e~-~han-sSx-~nehes
ve=~½ca}-d&mems½em-cBeve-~he-me=queeT-eenegy7
a~ewe~-~e~-eaeh-s~ng}e-eeeuganey-~a~ee½7-e~
~e=-eae~-es~aB½~s~mene-~m-a-m~9}e-eee~emey
Under Canopy Sion. In addition to any ~ber sion
allowed by this Code one ¢1) under canopy sion
shall be allowed for each establishment in a
shop. iht center. This siqn shall not e~ee4 six
(~ scuare feet in area and shell be a minimum of
eicht (8'~ feet above ~inished trade.
Delete stricken language, add underlined language.
LDC page 2-145
2.5.8.2.2 CQD0truction Sians. One (1) temporary on-site
construction sign may be permitted for each parcel,
identifying the name of the development, company
and general contractor, and other pertinent similar
information which shall be removed at the time a
certificate of occupancy is issued for the building
or structure, or when seventy percent (70%) of a
residential development is constructed and shall
not exceed the following size restrictions:
1. Residential, industrial, commercial and
institutional developments within all zoning
districtse over 10 acres tn size: A temporary
sign not to exceed sixty (60) square feet at
each street frontage.
2. Temporary constru6tion signs shall be located
not closer than th~=ty fifteen feet (3015') to
any property line.
Delete stricken language, add. underlined lang.uage.
LDC page 2-146
2.5.8.2.6 Real Estate SiGns. One (1) temporary on-site
ground or wall "For Sale", "For Rent, or similar
sign within each front Yard for each parcel or lot
in excess of ten (10) acres in size, may be erected
subject to the following:
1. Residential, industrial, commercial and
institutional developments within all zoning
districts.
2. A maximum of sixty (60) square feet in size
within each front yard.
3. Real estate signs shall not be located closer
than ~h&~y fifteen (~e15') feet from any
property line.
4. Real estate signs ~p to sixty (60) square feet
are allowed for model homes subject to the
other requirements of this subsection.
5. Real estate signs shall be removed when
ownership has changed, the property is no
longer for sale, rent or lease, or the model
home is no longer being used as a model home.
A sign advertising that a property has been sold or
leased shall not be displayed for more than thirty
(30) days after it .is erected.
Delete stricken language, add underlined language.
LDC page 2-147
2.5.8.3.4 ·
Directional or identifica~ion signs no greater than
four (4) square feet in size, and located internal
to the subdivision or developments may be allowed
subject to the approval of the Community
Development Services Administrator, or his
designee. Such signs shall only be used to
identify the location, or direction of approved
uses such as models or model sales centers, sa~es
six (6') feet in height, and twenty four (24}
square feet in area. Such signs shall require a
building permit. ~
Delete stricken language, add underlined language.
LDC page 2-147
2.5.8.3.5 ~
~. Directional or
identification signs no greater than six (6) square
feet in size,~ and located internal to the
subdivision, may be'allowed subject to the approval
of the Community Development Services
Administrator, or his designee. Such sign~ shall
only be used to identify the location, or direction
of approved uses such as sales centers, information
centers, or the individual components of the
development. Directional or identification signs
maintaining a common architectural theme may be
combined into a single sign not to exceed six (6)
feet in height, and sixty (60) square feet in area.
Such signs shall require a building permit. For
Delete stricken language, add underlined language.
LDC page 2-148
2.5.8.6 Wall.eP Mansard~_~l~9~Y__~_A~llg_Signs Within
Agricultural Distriots. Wall~ e~ mansard~
~ signs shall be permitted within
agriculturally zoned or used property, for
agri-commercial uses defined within the Collier
County Zoning Ordinance only, and subject to the
following restrictions:
Delete stricken language, add' underlined language.
2.5.8.6.1 One wall or mansard, canopy or awning sign shall be
permitted for each principal use structure on the
parcel. Corner parcels or double frontage parcels
shall be allowed one (1) sign per street frontage,
but such signs shall not be combined for the
purpose of placing the combined area on one wall.
Delete stricken language, add-underlined language.
2.5.8.7.2 No more than two (2) off-premise directional signs
shall be permitted, identifying the location and
nature of a building, structure, or use which is
not visible from the ~ roadway serving such
building, structure, or uses, providedl ~ha%-each
o s
S W
Delete stricken languags, add underlined language. .'
LDC page 2-151
2.5.12.1 General. Any person wishing to erect, place,
rebuild, reconstruct, relocate, alter or change the
sign copy (see Sec. 4~ee2.5.5 for excep=ions) of
any sign shall apply for and receive a building
permit in accordance with Resolution 99-~4~91-642,
prior to the commencement of any work. A building
permit will be issued by the Community Development
Services Adminis=rator, or his designee, provided
that all permit requirements of the Code and all
other applicable provisions of Collier County's
ordinances and regulations have been met.
'~i'
Delete strtckon language, add underlined language.
157
LDC page 2-151 '
Amendment to correct typographioal errors, as followsl
2.5.12.4 Application Contents. In order to obtain a permit
to erect~ Rlace, rebuild, reconstruct, relocate,
alter or change the sign copy of any sign under the
provision of this Code, an application shall submit
to the building official a building permit
application which shall set forth in writing a
complete description of the proposed sign
including:
Delete stricken language, add underlined language.
,oo 56 , :158'
2.5.13.2.2
~he-eommufl~%y-BeYe~opmen~-Se~Y~es-Adm~fl~s~a~o~?
~essee-~-~%he~s-pe~sofls-ma½fl~a~fl~flg-~he-s~gnT-o~
½s-½oea%edr-wr½%~en-no~½ee-by-=eg&s~e=e~-e~
YeS-AR~-H£REB¥-NeT~P~B-THA~-THH-PeBBeW~N8
¥~eBAT~eNs-eP-THE-eeBB~BR-ee~14TY-S~SN-~eBB-HA¥~
BE£N-B~SeeV~R~B?-¥88-MA¥~-?H~RT¥-~ge~-BA¥S-PRSM-TH~
BA?~-eP-?H~S-NeT~eB?-Te-eeRRBeT-ABB-ABO¥~-NeT~B
¥~e~AT~eNS~--sNe~-eSRR~eT~BT-YeS-S~ABB-eABB-TH~
eeMPB~ANe~-SER¥~e~S-SEeT~eN-ANB-ARRANSE-peR-AN
~NSPEeT~eN-eF-TH~-PARe~B=-~F-YeS-B~B~EV~-?HAT-AN
~RReR-HAS-B~EN-MABET-YeS-MA¥-F~B~-A-NST~eE-ep
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S~RV~eE$-B~V~S~SNT-W~TH~N-P~PT~N-~}S~-BA¥S-ep
R~eE~PT-eP-TH~S-NeT~eS=--PBEAS~-B~-ABV~S£B-THAT
eSBB~£R-ee~T¥-MA¥-REMeYB-TH~-ePPENB~NS-S~SN-AT-TH~
EMP~RAT~eN-SP-TH~-TH~RT¥-~e~-BA¥-P~R~SB-~P-THB
¥~e~:AT~eNS-HA¥~-NeT-B~-eeRR~e~ES~--ABB-eeSTS-PeR
$~eH-REMeVABT-SHABB-B~-eHAR6~B-Te-T~-eWN~RT-AS~NT
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~PeN-WH~eH-TH~-S~SN-~S-BeeAT~B=
W s v
v
e
e s s w
Delete stricken language, add underlined language.
056
'i:
LDC page 2-153 (cont'd)
2.3.13.2.3 (Note: this section remains unchanged.)
p~oseeut~*~-be~e~e-She-eo~k~e~-eoun~y-eede
Nots= This section will have to be renumbersd according12.
~ :'
~ :. Delete stricken language, add underlined language.
,oo 556 , :160
LDC page 2-155
2.6.1 Vi$IDILITY AT INTERSECTIONS IN ALL ZONING
DISTRICTS.
On a corner lot in all zoning districts, no fence,
wall, hedge, planting, or structure shall be
erected, planted, or allowed to grow in such a
manner as to obstruct vision between a height of
~hree-~ee~-~ thirty inches ¢30"} and eight feet
(8') above the centerline grades of the
intersecting streets in the area bounded by the
s~ee~ right-of-way lines of such corner lots and a
line Joining points along said s%~ee~ right-of-way
lines ~%y-~ee~-~48~ twenty-five feet ~25'} from
the point of intersection. Parking is prohibited
in this area. Trees are permitted, so long as the
foliage is cut away and maintained within the ~h~ee
~ee~-~ thirty inch (30") and eight foot (8')
clearance requirement. Posts for illuminating
fixtures, traffic control, fences and street name
signs are permitted, so long as the sign or
equipment is not within the prescribed clear space
and the fence does not visually impede the clear
sight of the intersection. (See Sec. 2.4.4.15)
"' Delete the stricken language, add tho underlined language.
LDC pg. 2-~55
Insert new first paragraph:
Sec. 2.6.2 Accessory BuildinGs and Structure~
2.6.2.1 Location of Accessory BUildinGs and structurg~
For the purposes of this Section. tn order tO
determine vard reGuirements, the term "accessorv
structure" shall include detached and attache4
accessory use structures or buildinq~
notwithstanding the attachment of s~ch structure or
buildin~ containing the accessory use to the
principal use structure or buildinq,
Accessory buildings and structures must be
constructed simultaneously with or following the
construction of the principal structure and shall
conform with the following setbacks and building
separations:
Delete stricken languagel add underlined language.
LDC page 2-157
2.6.2.2 Accessory Structures **
On Waterfront Lots and Golf Course Lots
8. Boat Houses and SPS N/A 7.5' or 15' 10'
Boat Shelters (Private) (See Section 2.6.21.5)
9. Utility Buildings SPS SPS SPS 10' 10'
11. Davits, Hoists and Lifts N/A N/A 7.5' or 15' SPS
SPS (See Section 2.6.21.5)
14. Docks, Decks and Mooring Pilings N/A N/A 7.5' or
15' N~A N~A
NOTEs Only those line items listed are to be amended. The absence
of a line item does not indicate its deletion.
Delete stricken language; add underlined language.
LDC pg. 2-158
2.6.2.3 Limitations as to Size of Accessory Bu~ldin~s and
Structures
~ccessory buildinas shall not OC~UDV an ~rea
Greater that ¢5%~ of the total lot area in all
residential zonina districts, or OCCUDV an area
Greater than forty percent ¢40%~ of any build,ha
envelope (i.e.. area of lot remaining'loT bu~ldin~
purposes after accounting for reauired setbacks~.
whichever is ,the lesser. Provided.the total maximum
coverage provision of this Ordinance for all
principal and accessory buildin~s is not exceeded.
Nothinq herein contained shall serve to prevent the
CQnstru~tion of an accessory building containin~ an
area of less than 500 square feet provided all yard
and buildin~ smacin~ requirements can be met.
Delete stricken language, add. underlined language.
LDC Page 2-158
~.6.4.1.9 EXcePt as otherwise Provided by this Land
DeveloPment Code. when lots on both sides of an
undeveloped recorded lot contain a residential
structure whose front yard setback is less than
now recuired, the average of the setbacks of
%wo conti~uous develoDed lots shall ser¥~
establish the minimum front yard requirement for
the vacant lot.
Delete strtcken languageI add' underlined language.
LDC Page 2-161
Amend existing language to the following:
2.6.7.1.1 Au~eme~&we ~vehicles or trailers of any type
without current l~cense plates, whe~e-~e~ed
by--~ew7 ~
Code. shall not be parked or stored on any
residentially zoned or designated property,
including the E-Estates District, other than in
~ completely enclosed buildings.
Delete stricken language, add underlined language.
SEC. 2.6.9 ~.
Essential services are hereby defined as services
designed and operated to provide water, sewer, gas,
telephone, electricity, cable television or
communications to the general public by providers
which have been approved and authorized according
to laws having appropriate Jurisdiction. Essential
services are allowed in any zoning district subject
to the following conditions:
2.6.9.1 ~. The following uses shall be deemed
permitted uses in any zoning district: water lines,
sewer lines, gas lines, telephone lines, telephone
switching stations, cable television, electrical
transmission and distribution lines, substations,
- w sewage lift stations,
water pumping stations, individual p_[~ate wells
and septic tanks, and similar installations
necessary for the performance of these services.
Furthermore, governmental facilities shall be
permitted uses in commercial, industrial,
agricultural, recreational and estate zoned
districts.
2.6.9.2 ~. The fDllowing-uses shall be
deemed conditional uses in any zoning district:
electric or gas generating plants, ~f~
~ sewage treatment plants,
including percolation ponds, hospitals, hospices,
water aeration or treatment plants, governmental
facilities in residential areas, ~
~ =ommun&=a~&~n-~we~s, safety service
facilities, and other similar facilities.
Delete stricken language, add underlined language.
LDC pg. 2-166
2.6.11.3 ~. FOr the purposes of this
section', agricultural districts Shall include:
A-Agricultural: E-Estates~ and CON-Conservation
Districts. Fences and walls within agricultural
districts shall be exempt from height and type of
construction? ~
Delete stricken language, add underlined language.
LDC pages 2-178, 179
2.6.26.1.2. 4. SeDara~ion Re~uirements
b. A new ~roup Ca=e Facility shall be
required to be located greater than a radius
of 58e five-hundred feet (500'% from any other
existing Group Care Facility (applicable to
the A, Estates, and RSF 1-5~ zoning
districts).
2.6.26.2 Care Unit~A Care Unit shall be aoverned by the
development standards identified in the zoning
~trigt assianed to the property and the followin~
standards:
2.6.26.2.3 P~rkin~ Recuired~ Two '~2~ Darkin~ spaces Der five
[~ beds. (Minimum recuirement:two (2) Darkin~
spaces%.
2.6.26.2.4 ~pecial Setback Re~irements~ No structure shall be
er~tgd within twenty f~et (20'%-of any abuttinu
~O~ ~r p~rcel which is zoned residential.'nor
within twenty-five feet (25'~ of a
road richt-of-wav.
2.6.26.2.5 LandscaDin~ Re~uiremgnts: As recruited in Div. 2~4~
Delete the stricken language, add the underlined language.
LDC pg. 2-179
2.6.27 CjustER HeUS~N6 ~ ~ERe-~eT-B~NES~.
2.6.27.1 Purpose and intent. The purpose of cjuster housing
v~ is to provide for a unique and
innovative alternative to the conventional
residential development in the ~
~ Districts by creating a more varied,
efficient, attractive, and economical residential
development containing a more usable pattern of open
space. It is intended to implement the Growth
Management Plan by, among other things, encouraging
compact urban growth~ and discouraging urban sprawl,
and v
2.6.27.2 Applicability. This section shall apply to all
parcels of land under single ownership within the
~ a zoning districta
which permits cjuster hous~n~ ~ By
2.6.27.3 Conditional Use Requ~ed ~
deve½opmen%-~n-%he-app~op~½a%e~o~fl~-d~s%~%v The
conditional use application for cjuster
~ shall be supplemented with a conditional
use conceptual plan which shall at.a minimum depict
the following:
1. The overall development plan of the site
showing: individual lots and their square footage;
et · buildings and their
square footage; rights-of-way; parking areas;
amounts and location of common open space intended
for recreation or public use; and natural features
such as but not limited to, stream beds, significant
strands of trees and wetlands. The development plan
shall, in addition,'state and acknowledge %hat all
regulations and requirements of the zoning district
in which the proposed cjuster ho~s~ng ~ is
located, except as modified by the application of
this section to the development plan, have been
complied with.
2. A description of the means by which the common
open space will be maintained.
Delete the stricken language, add the underl'ined language.
LDC Pg. 2-179 Section 2.6.27 (cont'd)
3. The availability and provision of central water
and sewage facilities to service the site.
4. Additional information as may be required by
the Development Services Director to insure
compatibility of the proposed cjuster
~jLg~with the regulations and intent of this
section.
2.6.27.4 Cjustering Standards. Conditional uses approved for
cjuster h~us&mg ~ may reduce the lot area,
lot width, and yard requirements within a zoning
district subject to the criteria enumerated in this
section. The lot area, lot width, coverage, and
yard regulations of thm residential zoning district
in which the cjuster heHs&ng ~ is located
shall be used as the basis for all computations of
allowed reductions.
m~-hav~ng-es~a~shed-m~mmm~A~%-ereas?-~e%
er-%w~-~am&}y-a~gaehe~-~we}~&mgs?-~he-RSP-6
B&s~&~%T-~&mems&e~a~-s~am~er~s-she½~-app~y~ The
following reductions ez~-&m=~eases in lot area, lot
width, coverage and yard regulations of the
underlying zoning district shall be permissible
pursuant to the grant of a conditional use for
cjuster h~us&mg ~
2.6.27.4.1 Maximum Density. The maximum allowable gross
density in any cjuster heHs~ng development shall not
exceed the maximum allowable gross density of the
residential zoning district in which the cjuster
h~,s&mg development is located.
~6,~Z Minimum Lot Area. The minimum lot area in any
~ cjuster he~s~mg development may be reduced to no
less than three thousand (3000) square feet for each
single family dwelling unit.'
~.i Delete the stricken language, add the underlined language, i/
LDC Pg. 2-179 Section 2.6.27 (cont'd)
2.6.27.4.3 Minimum Lot Width· The minimum lot width in any
cjuster ho~s&ng development may be reduced to no
less than forty feet (40')~
w e
~T6T~T4T~ M~n~mum-Bo~'eoYe~ageT--The-m~x~mum-a~ewab~e-~e~
eeve=e~e-&n-any-c~s~e=-heus½ng-may-be-~ne=eesed-%e
ne-me~e-%hem-s&~%y-De~eent-~6e%~?
2.6.27.4.~A Minimum Yards. The m~m~m~m front, side and rear
yards may be reduced ~ -by-.p-ee-ewen~y
pereen~-~e%~-e~-ehe-m~n~m~m-yar~-=e~u~remem~s-~e=
he~s~n~-½s-~eea~e~--When-shewn-em~-e~p~eved-em-%he
~we~n~-~n~s~-e~-~n-~he-ease-e~-s~e-~am~
e~ache~-~we~n~-~n~s?-e-eemmen-wa~-eemceD~-ma~
~e-emp½eMe~--~n-e~%he~-ease?-%he-~eme~m~m~-Ma~
she~-~e-e~a~-~e-~he-~m-e~-%he-~e~ed-s~e
m~n~m~m;-e-~h~ee-~ee~-~-aeeess-eesemen~-~em
ma~n~emenee-p~peses~
p~epe~%~-½~nes?
4~ ~he-m~n~m~m-~en~-ya~-~e~emen~s-sha~-~e
$? '~n-ne-e~se-sha~-~he-seDa~a~en-~e~weem
ewe~Ye-~ee~-~
· o
s o m w
Delete the stricken language, add the underlined language.
~. LDC Pg. 2-179 Section 2.6.27 (cont'd)
d o e
a ut al b c d u w't
· o ov s s o b ve
v v
~6~4=65 Common Open Space.
1. Ail deductions in the minimum lot area, lot
width and yard requirements below that which would
otherwise be required within the district in which
the cjuster h~Hs½n~ ~92Z~ is located shall be
required to provide an equal amount of common open
space within the same phase .and general area of each
cjuster of homes in the development ~
d v
's o ehav b st s
Delete the stricken language, add' the underl'ined language.
LDC Pg. 2-179 Section 2.6.27 (cont'd)
2. Common open space shall be reserved for
recreational uses.
3. Any commercial uses recreational facility
subject, to membership, registration, fees, or aimed
at attracting outside users, shall not be counted as
open space.
4. The sale~ lease., or other disposition of common
open space shall be prohibited except to.a non
profit corporation or homeowners association or
~ established under the laws of
Florida to administer and maintain the facilities
subject to a deed restriction acceptable to the
County to limit the use of said property to common
open space. Provisions shall be included to assure
the continued maintenance of the common open space
area.
5. Access rights to common open space for all
residents within the cjuster development shall be
guaranteed.
6. Land utilized for common open space shall be
restricted to common open space in perpetuity by
appropriate legal instruments satisfactory to
Collier County. Such instrument shall be binding
upon the owner, developer, his successors, and
assigns, and shall constitute a covenant running
with the land, and be in recordable form.
~ a d v
o Cou t o ss o
e s
de ' i t e o
Co o c ' e e
m Ss O S
O W S' U
U S U U S '
Delete the stricken language, add the underlined language.
LDC pg. 1-179 Section 2.6.27 (cont~d)
2. ~ec~ shall have a sionatur9
v ~
Delete the stricken language, add the underlined lang,.age.
LDC page 2-183
2.6.28.17 ~. In addition to the
retail dispensing of automobile fuels and oil, only
the following services may be render and sales made
except as indicated=
2. Sales, mounting, balancing and repair of tires
and wheel alignments, but not recapping e~
re~reov&~ of w~ee~s
5. Washing and polishing ~ and sale
of automobile washing and polishing
materials, but this only allows auto detailing
as an accessory u~e but this provision does
not allow car washes ~
w
16. Uses permissible at an automobile service
station do not include major mechanical and
body work, straightening of frames or body
parts, steam e~ea=~n~ ~, painting,
welding, storage of automobiles (except as
expressly permitted in Item 17 below),
commercial garage as an accessory use, or
other work involving undue noise, glare,
fumes, smoke or other characteristics to an
extent greater than normally found in such
stations. An automobile service station is
not a facility for the sale of automobile
vehicles, a repair garage, a body shop, am
au~e-de%a~-sh~pT or a truck stop.
18. Convenience grocery stores selling motor fuel
must conform with all provisions of Section
~T6T~9 2.6.28.
Delete stricken language; add' underlined language.
LDC pg. 2-184
SEC. 2.6.30 ~. At the time the Board
of County Commissioners approves a zoning request to
Planned Unit Development (PUD) or ~
~ at the time
tho Board of County Commissioners approves an
amendment, any residential project
which will have a community recreation/public
building/public room or similar common facility,
shall be required to provide polling places in said
community recreation/public building/public room if
a polling place is determined to be necessary by the
Board of County Commissioners. The Board shall
consider the recommendation of the Supervisor of
Elections in reaching such determination. Th½s
requ~emen~-sha~-app~y-~-a½~-~es~ent~a~-~e~ee~s
h~me-~eYe~pman%s~
If the ~ PUD or a residential project
w&~h&n-~he-P~B is a "private" development with a
restricted and/or monitored entrance which limits
access to residents of'that development, their
guests and nacessary maintenance workers, a polling
place may be required by the Board. to be provided in
any community recreation/public building/public room
or similar facility, however, the controlling entity
of that private development may limit the use of the
polling places to the residents of that "private"
development.
This commitment shall be' guaranteed through the
following mechanism:
An agreement recorded in the official records of the
Clerk of the Circuit Court of Collier County, which
shall be binding upon any and all successors in
interest that acquire ownership of such commons
areas including, but not limited to, condominium
associations, homeowners associations, or tenants
associations. This agreemeht shall provide for said
community recreation/public building/public room or
similar common facility to be used for a polling
place if determined to be necessary by the
Supervisor of Elections. The commitment also shall
be included within the PUD document.
Delete the stricken language, add the underlined language.
LDC pg. 2-184 Section 2.6.30 (conrad)
The Supervisor of Elections is responsible for
arranging use of said community recreation/public
building/public room or other common facility for a
polling place with the entity who controls said
common facility prior to the election.
Delete the stricken language, add the underlined language.
2.6.33.1 Purpose and Inten~, Based upon the nature of some
uses, their impact on adjacent uses~ am~ their
compatibility with surrounding properties, and the
length or.time a use is intended to function, there
is an identified need to allow certain temporary
uses on the ~ development site within zoning
districts that would not otherwise provide for the
use o~-~he-deve~epmen~-s&te~, and to Provide for
other tvDes of temporary uses such as community
events, sales and promotions. It is the intent of
this section to classify temporary uses and to
provide for their permitting, administration and
control.
Delete stricken language, add underlined language.
179
LDO pg. 2-187
2.6.33.4 Temporary Construction and Development Permits.
1. Temporary offices to be used for construction
and~ administrative and sales functions within
the development.
Delete stricken language; add underlined language.
LDC pg. 2-186
2.2.33.6 Temporary Sales~
In the case Of temnorarv sales, such as ~rand
oDeninas. ,oinG out of business sales .' special
promotional sales, or other similar uses Ce×clusive
of Garaae sales, lawn sales and similar Private
home sales), the Community Development Services
Administrator. or his desicnee, may ,ra~
non-renewable permits of UD tO two weeks duration.
such that during any calendar year the ~um total of
all permits for such events does not ewceed
twentv-eicht ¢28) days. TemDorarv Permits may b~
allowed for UD to an additional four ¢4) weeks when
approved bv the Board of County Commissfoners.
Such special approval shall be subgec~ %0
stipulations or additional constraints deemed
necessary and appropriate to the reGuest, Such
stipulations or constraints deemed necessary bv
Board of County Commissioners shall be DOted as
conditions to the issuance of said permits, aD~
Dermitee shall be recuired to sign a notarized
a~reement to said stipulations or constraints. In
the case of Christmas tree or other similar
seasonal sales, the Community DeveloPment Services
Administrator. or his designee, may ,rant.~
non-renewable five week permit.
2~ Temporary permits may. in SUDDort of the
being Permitted. include the placement of
merchandise, structures and eGuinment, and mobil,
homes as an office, but not for residency. I~
temporary use is not discontinued UDon expiration
of the permit, it shall be deemed a violatio~ Of
the Zoning OrdinanCe and shall be sub%ect to th,
penalties therein.
3) Temporary sales mermits shall be restricted to
those zoning districts in which the sale of
items would normally be nermitted. Further.
issuance of a temporary sales Dermit shall no~
issued for undeveloDed properties th~ do not
Dossess appropriate methods of ingress and e~ress,
contain improved and ade,uate Parking facilities.
li~htin~, landscaDin~ and bufferinG, and
structures, merchandise, or placement and Parking
of vehicles used in con~unotion with the temporary
sale do not conform to the minimum Yard
re,uirements of the district in which it ~
located.
In making such approval, the Zoning Director may
Delete stricken language, add underlined language.
stimulate the followina reauirements as he deems
~pDromriate in the case:
Traffic safety measures.
Additional Darkina reauirements.
Limited activity hours.
(d} Watchmen. fencing, liahtin~.
Sanitary facilities.
A f~ithf~l Performance bond to quaran~ee
compliance with the condtions of the Demit.
Garaae Sales: In the case of ~ara~e sales, lawn
~ales and similar mrivate home sales, the Zonina
Director may issue a two (2) day permit for such
events durin~ each six (6) month period. Such
pgrmit may include the use of temporary signs
~Qgate~ on the property where the sale is being
held. No signs shall be placed in any Public
ri~hts-of-wav. If the temporary use is not
discontinued umon e×Diration of the Dermi~, it
shall be a violation of the Zo~in~ Code and shall
be subject to the penalties herein.
Delete stricken language, add underlined language. ";
'~"'.' 2.6.33.7 ~gtion Picture;Television Production Permit%
2.6.33.7.1 Permit Reauired: ,No person, firm. corporation or
~Q~iation shall take still or movina Pictures on
private property or property owned by or under the
g0ntrol of Collier County without first havin~
obtained a Dermit. A permit shall be required for
~he fQllowinq: the use of set scenery, temporary
structures, li~htin~ e~uiDment or other apparatus.
~pecial effects, or closure of Public streets or
access ways. This Code shall not aDD1V to bona
fide newspaper. Dress association, newsreel or
television news media personnel, nor to properties
that have been zoned to allow motion
picture/television filmina as a permitted use.
~,6.33.7.2 ADDlication for Permit: Contents.
A~v person, firm. corporation, association or
covernmental entity desirin~ to obtain a Permit
shall aDDlV to the Zonin~ Director: and said
application shall include but not be limited to the
followin~:
1. Name. address ¢includin~ local address).and
telephone number of applicant.
2. Proof of comprehensive ~eneral liability
insurance coverage in the amount of at ~east
one million dollars f$1.000.000.00) combined
sinale limit, with Collier County named as an
additional insured.
3. Special effec%s to be utiliz~d, esDecia11v
incendiary or explosive devices, with
not less than five million dollars
($5.000.000.00~ comprehensive ~eneral
liability insurance combined sin~l~ limit with
Collier County listed as additional
In addition, the application shall lis= the
person in charge (DvrotechniciaD) Of such
special effects, to~ether with his
~ualifications and licenser by the applicable
federal and/or st~te..ag~DG~es, and
authorization from the local fire district
mermittin~ the ev~Bt,
4. Locations. dates and hours of filming scene to
be filmed.
Delete stricken language; add underlined language.
:183'
LDC pg. 2-186 2.6.33.7 (conrad)
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::"' LDC pg. 2-188 Sec. 2.6.33.7 (conttd)
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556 , :185
LDC pg. 2-186 SeC. 2.6.33.7 (cont'd)
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~oo~ ~5§~.187
'i
LDC page 2-189
SEC. 2.6.35 COHMUNICATION TOW~
2.6.3§.1 PurDosS and Intent. This section aDDlies to
specified communication towers that SUDDor~ anv
antenna, desiqned to receive or transmit
electromagnetic enerGY, such as but not limited
telephone, television, radio or microwave
transmissions. This ~ection sets standards for
construction and facilities siting: is to minimize
where aDDlicable adverse visual impacts of towers
and antennas through careful design, sitinq
ve~etation screeninG: to avoid potential damage to
adgacent properties from tower failure: to maximiz~
the use of specified new communication towers and
thereby to minimize need to construct new %Qwers;
to maximize the shared use of specified tower sites
to minimize the need for additional tower sites;
and to consider the concerns of the Collier County
Mosquito Control District as to aircraft safety,
2.6.35.1.1 Sub4ect to qeneral law. provisions ~n deed
restrictions and private restric~ive covenants
supersede this section'to the extent they are more
restrictive.
2.6.35.2 Definitions. As used herein "antenna" does not
include wire antennas. A "tower" is a structure
for the Drimarv DurDose to raise the height of an
antenna. An "antenna structure" is a base. stan~,
or other method of stabilizinq an a~enna but the
primary DurDose iS other than raisin~ the height of
an antenna. '"Effective radius" ~e~Ds a radius of
miles from the respective tower unless a lesser
radius is approved. "Lesser effective radi~$"
means an approved radius of less than 6 miles.
"Zoninq district" includes areas within Planned
Unit Developments CPUD) that have density
re~uirements similar to those specified in this
section. "All". "any". and "each" means exemD~ and
non-exempt towers, structures, and owners unless
the context clearly indicates otherwise, b~ does
not include old towers or old sites e×ceDt in
subsection 2.6.35.6.13 related to inspections,
"old" tower or site means a tower or site that
approved prior to the effective date of
No. 91-84, A "new" tower or site means a tower Or
site that requires'approval under this section, An
"approved" tower or site is a tower or site that
was approved under Ordinance No. 91-84 or is
Delete stricken language, add underlined language.
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~pproximation of the costs of such chanaes,
If the costs of the reouired chanoes are
financially impracticable, such tower shall be
deemed unavailable to the applicant.
~.6.35.3.4 The applicant shall contact the owner of each
Possibly available approved tower to reouest the
needed information. To enable the tower owner to
respond, the applicant shall provide the fo[lowinG
information regarding applicant's proposed antenna
and eouipment=
1. All output frequencies of transmitter.
2. Type of modulation, polarization of radiation.
and Proposed use of antenna.
3. Manufacturer. type. manufacturer's model
number, a diagram of the antenna's radiation
pattern, and the manufacturer's specifica-
~ons. ..
4. Power input to antenna and Gain of antenna in
decibels with respect to an isotopic radiator.
· 5. ~pGe ~D feet of maximum and minimum height of
antenna above base of tow~]
6. A list of necessarY.ancillarY equipment and
description of type of transmission cable to
be used.
7. Any other pertinent information needed to
~Dable the owner to respond in fgll t~ the
inquiry.
Z.6.35.4 Shared Uss of Tower sites. A tower with a. hei~h~
i~ excess of 185 feet above natural grade ~ball Dot
be approved in Collier County on a new tower site
unless the applicant demonstrates that the proposed
tower, antennas and accessory structures or uses
cannot be located on any conforming old site or
approved site situated within the effective radius.
Sites owned by any ~overnment or leased to any
~overnment are exempt from ~bes~ ~hared us9
provisions except to other governments.
~.6.35.4.1 ~ceDt as to each old ~ite or approved ~t~
determined by the County Manager or in a shared U~9
plan to be unavailable to the applicant, the
applicant shall contact the owner of all o~ber
conforming old sites and approved tower sites
within the effective radius, containing sufficient
Delete stricken language, add underlined language.
land area to possibly accommodate the needs of th-
aDmlicant.
Z.6.3§.4.2 For each such possibly available tower site the
application for a new tower site shall not be
complete without the following information:
1. Identification of the nroDosed new tower site
~v coordinates, street address or legal
~escrintion, area. existing uses. tOnoGranhv,
and significant natural features.
2. Evidence that no old and no approved tower
Site Within the effective radius can
accommodate the applicant's needs.
If the owner of an old tower site does not
respond to applicant's simple letter of
inter~st inauirv within 30 days, or the owner
of an old tower site will not rent land to
accommodate aDDli'cants needs for a reasonable
Period of time at reasonable rentals, such old
~ower site shall be deemed unavailable to the
~pplicant.
~.6.35.4.3 The applicant is not rgauired ~O. suDDlv this
information to owners of conforming old sites
unless the old site appears to be available
~pplicant by a shared use plan or the site's owner
has responded nOSitivelv tO the applicant's initial
letter of inquiry. To enable the site owner to
respond, the applicant shall provide the site owner
(and the owner of an? tower on the site) with th~
dimensional characteristics and o~her relev~D~
about the tower, and a report from a professional
9Dgineer licensed in the Sta~9 of Florida, or other
aualified expert, documenting the followina~
1. Tower height and design, includin, technical,
engineering and other pertinent
~overninG the intended uses and selection, of
the Dronosed design. An elevat~gn and a
cross-section of the tower structure shall be
included.
2.Total anticipated capacity Of the tower,
including number and types of antennas
needed transmission lines, accessory use needs
including specification of all recuired
ancillary eGuiDment, and re,uired building
marking space to accommodate same.
3. Evidence of structural inte,ritv of the
DroDosed tower as required by the Building
Delete stricken language, add underlined language.
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"&~i"":
%~wers. whether or not conforming and new
towers aDd;or tower sites that are conforminq
at the date of approval of the initial shared
use plan and;or any amendment thereto may
proceed in accord with the approved plan
irrespective of the fact that the tower and;or
tower site is then non-conformin~. The inten~
Of this mr~vision is to ~randfather tower~
and;or new tower sites against a
D~onformin~ status to the extent that
:uture capacity, includinq accessory
structures, is provided for in the shared use
plan. If the initial shared use plan or
amendmen: to a shared use plan requires
approval of the Board of County Commissioners
and it appears that the site is threatened to
become non-conforminG for the intended use.
the Dendin~ non-conformity will b9 a material
element in deciding whether to approve or deny
the application f. gr the shar~ ~9 plan
amendment,
Notwithstandin~ anvthin~ to the contrary in
~Dv Collier County Ordinance? a~y
non-conformin~ tower that is destroyed by any
means to an exten~ of mor~ than fifty
percent of its actual replacement cost.~ th9
time of destruction, as d~termine~ b~ a cost
estimate submitted to the Zoning Director,
shall not be reconstructed or repaired without
conditional use approval.
Notwithstandin~ anvthin~ to the contrary in
any Collier County Ordinance. includinq an~
provision of Division 1.8 of the Land
Development Code, a non-conforminG ~wer
and;or accessorv structures may be volu~tarily
reconstructed in any zoning district at
site sub4ect to the conditional use procedures
of the Land Development Code provided such
reconstruction complies with Section 1,8,3,1,
The extended useful life of the tower and;or
accessory structures that will result from
reconstruction shall not be construed to be an
enlargement, intensification, inGrease or
extension of the non-conforming use. After
non-conforminG facilities and;or..~gces$orV
structures are reconstructed under conditional
use authorization, such facilities and;or
accessory structures shall be deemed to have a
conditional use permit under Section 1.8.~
the Land Develomme~ code,
Delete stricken language, add underlined language.
4. Filina Shared Use Plans. Each approved shared
use plan shall be filed and recorded in the
office of the Collier County clerk of Court~
prior to any site development plan approval. A
copy of the initial shared use plan shall
filed with and approved by the countv~M~Daqe~
prior to conditional use approval.
5. Shared Use Plans for Old towers and Old Tower
Sites. Initial shared use plans and
amendments for old towers reGuire approwal of
the County ManaGer. Initial shared use plans
and amendments for old tower sites require
approval of'the Board of County Commissioners,
except where an amendment reduces site
antenna capacityL
2.6.35.5.2 Transmitting and receiving eauipment servina
similar kinds of uses shall, to the extent
reasonable and commercially practicable, be placed
on a shared use tower in such a manner that any of
the users in a ~roup can operate approximat~y
e~ual to other users in the ~roup utilizing
substantially similar equipment.
2.6.3§.5.3 Once a shared use plan ~or a to'er is approved,
a~ltional antennas may be added to .~hat ~Qwcr in
accord with the approved shared use plan withou~
~dditional conditional use approval 9vgD ~
tower is then a non-conforminG struG~gre. The
shared use plan shall be immediately updated to
reflect each such change. Likewis~,..PDq~ a DeW
.~hared use plan for a tower site. is approved,
additional towers and accessory buildin~s and
may be added to that site in a~cord with the plan
without additional conditional use approval even
the site is then non-conforming. The shared us9
plan shall be immediately up-dated to reflect each
chanQe.
2.6.35.~,4 For each tower with a heiQht in excess of 1~5
that is approved, the tower owner shall b9
required, as a condition of approval to file ag
~pproved shared use plan except when a ~overnment
tower is approved to be perpetually unavaila~9,
To the extent that there is capacity for o~her
antennas on the tower, the plan shall commit
tower owner and all successor owners to allow
shared use of the tower in accord with the shared
~sg.plan for antennas of others at reasonable
ra~es. The initial proposed rates for a range of
reasonable rates~ shall be specified in the shared
us~ plan and shall be amended each time the rates
Delete stricken language, add underlined language.
· are chanaed. When antenna space On a tower is
rented to others, each rental aareement shall be
filed with the shared use plan. An¥..sareement that
purports to reserve antenna space for future use
~Us~ be approved by the CQuntv Manager.
2.6.35.5.5 ~or each new shared use tower site that i~
approved, the owner shall be reauiredo aa &
condition of approval, to file an approved shared
use plan except as to a oovernment site that is
~pproved to be perpetually unavailable. If there
is ~nd availab%e on the ~lte to accommodate
additional towers add accessory facilities the plan
shall commit the land owner and successor owners to
accommodate such additional facilities on the site
a: reasg~able rent$, To the extent practicable.
the proposed rgnts (or a range of reasonable rents1
shall be specified in the shared use plan. When
land is rented for facilities on the site. the
rental a~reement shall be filed with the shared use
plan. AnY a~reement that purports to reserve land
for future use of tower and other facilitv'space
must be approved by the County Manager.
~,6.35.5.6 ~ach new'tower owner or site owner, as the ca~e may
be. shall a=ree as a condition.of approval to
respond in wri~in= in ~' comprehensive manner within
30 days to each reauest for information from a
potential shared use applicant. Government owners-
need to reply only to requests from another
gQvernment. TQ the extent that correct and
up-to-date information is contained in an approved
shared use plan. the owner may refer the applicant
to the shared use plan for the information. If th~
shared use plan is incorrect, incomplete, .0=
otherwise not up-to-date, the respective owner
shall in the response specify in detail such
information and shall immediately brin= the shared
use plan uD-tQ-~tg,
2.6.35.5,7 The tower owner or site owner, as the case may be.
shall as a condition of approval ne=otiate in =pod
faith for shared use of tower space and/or site
space by applicants in accord with its shared use
plan.
2.6.35.5.8 All conditions of approval re~ardin~ a tower shall
run with the ownership of the tower and be bindin=
on all subse=uent owners of the toweF, All
conditions of approval re~arding an approved tower
site shall run with the land and be bindina on all
subseauent owners of the tower sitgt
2.6.35.6 Development Standards for Commun~cation Towers.
Delete stricken language, add underlined language.
2.6.35.6.1 Except to the extent that amateur radio towers, and
gFo~nd mounted antennas with a height not to exceed
%wentv (20) feet. are exempted by subsection
2.6,35.6.25 herein, no new tower of any heiqh~
~hall be permitted in the RSF-1 thru RSF-6. RMF-6,
and E-Estate zoning districts. However.
Dotwithstandin~ other provisions of this section,
includinq ~he separation requirements of Subsection
2,6,$5,6,6 below, towers may be allowed to any
height as a conditional use in the E-Estate zoning
district only on sites approved for a specified
essential service listed in subsection 2.6.35.6.3.
below. There shall be no variances to this
sub~ection exceot for variance aoolications bva
government for a ~overnmental use.
2.6.35.6.2 Permitted Ground Mounted Towers. Towers not
exceeding the stated maximum heights are a
Permitted use sub4ect to other applicable
provisions of this section, includin~ separate
re~uirements and shared use provisions. Towers
that exceed these specified maximum heights require
conditional use approval.
1. All commercial and industrial zoninq
districts. Any tower UD t° ~eventv-five f75)
feet in height is a permitted use. Any tower
that exceeds seventy-five (75) feet in he~qbt
uo to a heicht of two hundred (200) feet is a
permitted use only if the base of such tower
is separated from the nearest boundary of any
parcel of land zoned RSF-1 thru RSF-6. RMF-6.
E. RMF-12. RMF-16, RT. VR. MH. TTRVC, or PUD
zonin~ of six (6) residential dwellinq units
or less. by a minimum distance i~ feet
determined by multiDlvinG the height of the
tower (in feet) by a factor of 2.~, {The
minimum separation distance is tW~ and
one-half times the height of the ~ower),
Towers. which do not meet the separation
re~uirement may aDDlv for a variance in
accordance with Section 2.7.5 or a conditional
use in accordance with Section 2,7,4,
2. AGricultural zoning districts within the Urba~
designated area. Towers not exceeding tw~
hundred (200) feet,
3. A~ricultural zoninq districts within the Rural
designated area. Towers not exceedinq tw~
hundred and eighty (280) feet,
4. All a~ricultural zoning districts, NO tower
Delete stricken language, add underlined language.
shall be allowed on any site comprisin~ lesm
than twenty' f20) acres under common ownersh~n
o:¢ontrol except on conditional use sites,_
where towers can be approved as a conditiona!
use on sites of less than 20 acres,
2.6.35.6.3 Essential Services - Specified Conditional Uses.
Except in the RSF-I throuoh RSF-6. and R~F-6 zoning
districts, towers may be allowed to any height as a
conditional use on sites approved for a conditional
use - essential service for any of the followin~
qgD~[tional uses: safety service facilities
includin~, but not necessarily limited to. fire
~tions, sheriff's sub-station or facility,
emergency medical services facilitY, and all other
similar uses where a communications tower could be
considered an accessory or lo~ically associated use
with the safety service conditional use on the
site.
2.6.35.6.4 New towers shall be installed only on rooftops in
the RMF-12o RMF-16. RT. VR, MH and TTRVC zoning
districts. Except, however, that ~round mounted
monopole communication'towers up to 150 feet in
height above the natural ~rade.. including antennas
affixed thereto, may be allowed as a conditional
use within these zoning districts. The height of
each monopole communication tower shall be limited
to the height necessary for its use at its
location.
2.6.35.6.5 Eooftop towers, antenna structures and.~enna~,
1. Rooftop towers, antenna structures and
antennas are allowed in all zoning districts
except the RSF-1 thru RSF-6, RMF-6, and
E-Estate zonin~ districts.
Rooftop towers, antenna structures an~
antennas are, as specified, subJe~ to the
followin~:
a. Permitted Uses. Rooftop
structures and antennas are a permitted
use up to a height of 20 feet above th9
maximum roofline provided the height of
the maximum roofline is 20 feet or more
above the average natural ~rade. If the
maximum roofline is less than 20 feet
above the average natural ~rade. ag
antenna structure_ or .antenna is a
permitted use up to a height %hat e~uals
the distance from the average natural
~rade to the maximum roofline. For
Delete stricken language, add underlined language.
example, if the distance from the averag,
natural Grade to the maximum point of th-
roofline is 15 feet, an antenna structure
aDd;or antenna is a permitted use ~D to a
heiaht of 15 feet above the maximum
r~ofline. Any antenna structure, tower
oT antenna that exceeds its permitted use
hgiqht as Provided herein shall reauire
~nditional use aDDroval and the maximum
a~gwab~ height of the structure, tower,
and all antennas shall be determined in
each Specific,case. Distance from RSF-1
thru RSF-6, and RMF-6 zonin~ districts
shall be a ma~or consideration in
~etermininG the allowable height of
rgoftop facilities.
b. Towers and antenna structures shall be
get back from the closest outer edge of
~be roof a distance not less than ten
(10~ Dercent of the rooftoD length and
width, but not less than 5 feet, if the
~ntenn~ ~an function at the resulting
~ocation.
c. Antenna strudtures'and dish tVDe ant~Dnas
shall be painted to make them
unobtrusive.
d. E×ceDt for antennas that cannot be seen
from street level, such as panel antennas
on parapet walls, antennas shall not
extend out beyond the vertical plane of
amy e~terior wall.
9. Where technically feasible dish tvDe
antennas shall be constructed of omen
~sh design.
f. Where feasible, the design elements of
the building (i.e.. parapet wall, screen
enclosures, other mechanical eGuipment)
shall be used to screen the
communications tower, structure, and
antennas.
~. The building and roof shall be capable Of
sUPPOrtinG the roof mounted antenna,
structure and tower.
h. FO rooftoD shall be considered a tQw~
site. This section does not require any
sharing of any rooftom, rooftoD tower Or
antenna structure~
Delete stricken language, add underlined language.
'we
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s S V W
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n
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eco e
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Delete stricken language, add underlined language.
V '
a t w c d o - e
~ w w
W V
s ns e
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t w' u
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2. W -
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5. U ' w
~ eac s' c o e t
' e out a
Delete stricken language, add underlined language.
of the respective inspection veer, If the report
recommends that repairs or maintenance are
reauired, a letter shall be submitted to the County
Manaqer to.verify that such repairs and/or
maintenance have been completed, The County sh~l
have no responsibility under this section re=ardiDg
~uch repairs and/or maintenance,
2,6,35,6,15 AnY tower that is voluntarily not used for
~Qmmunications for a period of one year shall be
removed a~ the tower owner's expense, If a tower
is not removed within three ~3) months after one
veer of such voluntary non-use, the County may
9brain authorization to remove the tower and
acce$~orv items from a court of competent
Jurisdiction, and after removal shall place a lien
on the subject property for all direct and indirect
costs incurred in dismantling and disposal of the
Dower and accessory items, plus court costs add
attorney fees,
2.6,35,6,16 For all ~round mounted ~uved towers in excess 0~ 75
~eet in height, the site shall be of a size and
shade sufficient to provide the minimum Yard~
reauirements of that zonin= district between each
=ur anchor and all property lines,
2,6,35,6,17 All new communication towers shall require a site
plan in accordance with Division 3,3 es Dart of the
building permit aDDlicati~n, Additional ~owers,
tower s~tes, buildin=s and accessory facilities
necessary on-site shall re=uire an ~mend~en~ to the
approved site Dian, The following are exemp~ fr~N
Division 3,3:
1, Ground mounted amateur radio towers that do
not exceed a heiqht of 75 feet excluding
antennas:
2.MonoDole towers that do not exceed a hei=ht of
75 feet includin= antennas: or
3. Ground mounted antennas that do not exceed ~
height of twenty ¢20~ feet above natural
~rade,
2,6,35,6,18 All new metal towers includin~ rooftop towers,
except amateur radio towers, shall comply with the
standards of the then latest edition uublished by
the Electric Industries Association (currently
EIA/TIA 222-E) OF the publication's successor
functional eouivalent unless amended for local
application by resolution of the Board Of Count~
Commissioners. Each Dew amateur radio t~w~r with ~
Delete stricken language, add underlined language.
heiqht of 75 feet or less shall require a building
permit specifying the exact location and the heiqht
of the tower exclusive of antennas. Each new
Ground mounted dish type antenna that does not
exceed a height of twenty f20) feet shall reGuire
building permit.
2.6.35.6.19 Within the proposed tower's effective radius.
information that specifies th~ tower's physical
location i~ ¥~spect to Public parks, desi~nated
historic buildings or districts, areas of critical
concern, and conservation areas, shall be submitted
as part of the conditional use application. This
shall also apply to site plan apoltcations and;or
permit applications for rooftop installat~oDs that
do not reouire conditional use approval.
2.6.3§.6,~0 No communication tower shall be located on any land
or water if such location thereon creates or has
the potential to create harm to the site as a
source of bioloqical productivity, as
indispensable components of various hvdrolo~i~
regimes, or as irreplaceable and critical h~bitat
for native species of flora or fauna.
2.6.35.6.21 A landscaped buffer area no less than 10 feet
shall be developed around the perimeter of each
tower that requires security f~h~in~. This buffer
shall encompass all new structures includin~
tower base. At least one row of native vegetation
shall be planted within the buffer to f0;-~ a
continuous hedge at least three feet in height at
plantinG. This hedge shall also be planted around
any Ground level Guy anchors. The buffer m~t b,
maintained in ~ood conditiop.
2.6.35.6,~ Native vegetation on the site shall be preserved to
the Greatest practical extent. The site plan shall
show existin~ si~nificant vegetation to be removed
and vegetation to be replanted to replace that
lost. Native vegetation ma~ constitute part or ali
of the required buffer area if its opacity exceeds
eighty percent (80%).
2.6.35.6,~3 All new towe~s fincludinG amateur radio towers) and
all antennas affixed thereto shall be in
compliance with Section 2.2.23. There shall be po
variances to this provision.
2.6.35.~,~4 For all new towers, a statement from the applic~nt
or an official document that specifies that
tower and its antennas will comply with ali
applicable regulations of the Federal
communications Commission shall be fi~ed with the
Delete stricken language, add underlined language.
us' s s.
V
~ w
t e
~ s to om u w
o to w
e e' v' , e
e s s %~
v' ' t
e t -
v
Delete stricken language, add' underlined language.
,oo 56 :205
LDC pg. 2-189
2.6.36 Townhouse DeveloPment
Townhouse developmen~ as defined in this Code when
authorized in the RMF and RT zonin~ district either
as a permitted or conditionally permitted use shall
be desigp~d ~ ~eet the following minimum
~tandards:
2.6.36.1 Minimum Area Per Dwelling Unit: Twenty-five
hundred f25001 sauare feet.
2.6.36.2 Minimum Lot Width: Thirty ¢30] feet.
2.6.36.3 ~inimum Yard Reauirements:
1. FrQDt Yard: 20 f%et for homes with front
~n~rv aara~es. 10 feet for homes with side
entry ~ara~es~
2. Side Yard: Zero feet or a minimum of 10 feet
~gr Dri~ciDal structures or-one-half the
bg~ght of the sum of the walls facin~ one
another whichever is the ~reater.
3. Eg~r Yard: Twenty I~0) feet for Drincimal
structures and ten ¢10) feet for accessory
structures
4. Nothing herein contained shall sgrve to
aside the minimum lot area and frontage
required for a multi-family structure in each
RMF zoning district in which Townhouses ar9
Dermitted.
Delete stricken language; add underlined language.
LDC page 2-189
Delete stricken language; add underlined language.
LDC pg. 2-195
2.7.2.5
ReDort~ When pertaining to the rezoning of land,
the report and recommendations of the Planning
Commission to the Board of County Commissioners
required in Sec. 2.7.2.4 shall show that the
Planning 9ommission has studied and considered the
-proposed change in relation to the following, where
applicable:
1. Whether the proposed change will be consistent
with the goals, objectives, and policies and
Future Land Use Map and the elements of the
Growth Management Plan.
2. The existing land use pattern.
3. The possible creation of an isolated district
unrelated to adjacent and nearby districts.
4~---The-pep~at~-dens~y-pette~-and-pess~b~e
~ne~ease-or-eve~a~nq-e~-~he-~ead-e~-pub~e
Whether existing district boundaries are
illogically drawn in relation' to existing
conditions on the property proposed for
change.
Whether changed or changing conditions make
the passage of the proposed amendment
necessary.
~. Whether the proposed change will adversely
influence living conditions in the
neighborhood.
~. Whether the proposed change will create or
excessively increase traffic congestion or
create types of traffic deemed incompatible
with surrounding land uses, because of peak
volumes or projected types of vehicular
traffic, including activity during
construction phases of the development, or
otherwise affect p~blic safety.
Delete stricken language; add underlined language."
LDC pg. 2-195 Sec. 2.7.2.5 (cont'd)
9~. Whether the proposed change will create a
drainage problem.
*e~. Whether the proposed change will seriously
reduce light and air to adjacent areas.
~10.Whether the proposed change will adversely affect property values in adjacent areas.
~t11.Whether the proposed change will be a
deterrent to the improvement or development of
adjacent property in accordance with existing
regulations.
~912.Whether the proposed change will constitute a
grant of special privilege to an individual
owner as contrasted with the public welfare.
~41~.Whether there are substantial reasons why the
property cannot be used in accordance with
existing zoning.
a514.whether the change suggeste~ is out of scale
with the needs of 'the neighborhood or the
County.
~515.Whether it is impossible to find other
adequate sites in the County for the proposed
use in districts already permitting such use.
~=--Rev~ew-and-~e~emmendat~ens-eE-the-cen~ep~ua~
S~e-Beve~opmen~-P~afl-es-~equ~ed-~n
~e16.The physical characteristics of the property
and the degree of site alteration which would
be required, to make the property usable for
any of the range of potential uses under the
proposed zoning classification.
~917.The impact of developmeht on the availability
of adequate public facilities and services
consistent with the levels of service adopted
in the Collier County Growth Management Plan
and as defined and implemented through the
Collier County Adequate Public Facilities
Ordinance, as amended.
Delete stricken language; add underlined language.
LDC pg. 2-195 Sec. 2.7.2.5 (conrad)
~e18.Such other factors, standards, or criteria
that the Board of County Commissioners shall
deem important in the 9rotection of the public
health, safety, and welfare.
Delete stricken language; add underlined language.
LDC page 2-201
2.7.3.1.2' SUDDOrtin~ Data. Data supporting and describing
the application for rezoning to PUD in the form of
a PUD Document which shall consist of the
following:
Delete stricken language, add underlined language.
m J m
LDC page 2-204
2.7.3.2.3 Staff Review an~ Recommen~atip~. Based upon its
evaluation of the factors set forth above, the
appropriate County staff shall prepare a report
containing their review findings, and a
recommendation of approval or denial.
the-s~a~-sha½~-p~epa~e-a-PUB-Boeume~-wh~eh-sha½~
~onta~-~e~emme~ded-d~mems~na~-s~amde~ds?-emd
~heF-deYe~opme~-~d~e~s-wh~h-sheu~d-be
~mp~sed-up~-%he-pF~posed-PSB-Mas~eF-P~anT
Delete stricken language, add underlined language.
LDC pg. 2-207
2.7.3.5.1' ~bstanttal/Insubstantial Changes, (Item 10)
The proposed change is to a Planned Unit
Development district designated as a Development of
Regional Impact (DRI) and approved pursuant to Sec.
380.06,.Florida.Statutes, where such chana9
requires a determination and Public hearing by
Collier County pursuant to Sec. 350.06f19). F.S.
AnY change that meets the criterion of S~g,
380.06(19~ (e~2.. F.S.. and any changes to a DRI;PUD
Master Plan that clearly do not cr~ a :
substantial deviation shall be reviewed and
approved by Collier County under Sec. 2.7.3.§.4 or
Sec. 2.7.3.5.6 cf this Code.
Delete stricken language; add underlined language.
LDC page 2-'209, 210
'! 2.7.4.1 General. A conditional use is a use that would not
be appropriate generally or without restriction
throughout a particular zoning district or
classification, but which, if controlled as to
number, area, location, or relation to the
neighborhood, would promote the public health,
safety, welfare, morals, order, comfort, convenience,
appearance, p~epe~%y or the general welfare. Such
uses may be permissible in a m~oning B~istrict as a
conditional use if specific provision for such
conditional use is made in this Zoning Code.
All petitions for conditional uses shall be
considered first by the Planning C~mmission'in the
manner herein set out.. Decisions regarding
conditional uses shall be quasi-Judicial in nature.
" Delete stricken language; add underlined language.
LDC page 2-210
2.7.4.2 Written Petiti~n. A written petition for
conditional use shall be submitted to the
Development Services Director indicating the basis
in this Zoning Code under which the conditional use
is sought and stating the grounds upon which it is
requested, with particular reference to the types
of findings which the Board of Zoning Appeals must
make under Se=r-~?~4?5 Sec. 2,7.4.4. The petition
should include material necessary to demonstrate
that the grant of conditional use will be in
harmony with the general intent and purpose of this
Zoning Code, will be consistent with the Growth
Management Plan, will not be injurious to the
neighborhood or to adjoining properties, or
otherwise detrimental to the public welfare. Such
material may include, but is not limited to, the
following, where appli~able:
Delete stricken language, add. underlined lang.uage.
P,.56 215
BOOK
LDC page 2-210
2.7.4.3 Notice and Public Hearinq. Notice and public
hearing by the Planning Commission and the
eoun~y-eomm&ss~one~s Board of Zoning ADDeals shall
be as provided for under subsection 2.7.2.3.2 All
testimony given shall be under oath and the action
by the Board of County Commissioners shall be
quas~-~ud~e~a~ ~uasi-~udicial in nature.
Delete stricken language; add underlined language.
LDC page 2-211
2.7.4.5 Conditions and Safequar~s~
2.7.4,5.1 Any conditional use shall expire one (1) year from
the date of grant, if by that date the use for which
the conditional use was granted has not been
commenced~
2.7.4.5.2 a~d-a An~ conditional use shall expire one (1) year
following the discontinuance of the use for which
the conditional use was granted~-~-~he-use-has-ne~
~hefl-beefl-~mme~ed~
Delete stricken language; add underlined language.
ii'
LDC page 2-211 :~.
2.7.4.5.3 Conditions and Safeguards. (paragraph 3 only)
The Board of Zoning Appeals may Grant a maximum of
three ¢3) one year extensions of an approved
conditional use e~end-a-e~d~t~eme~-~se-a-max½m~m
upon written request of the petitioner. Th~sEach
extension must be requested and approved prior to
the expiration of the original conditional use.
Delete the stricken language, add the underlined language.
LDC page 2~211
2.7.4.6 ~ental. If the Planning Commission shall recommend
dental of a conditional use, it shall state fully
in its record its reason for doing so. Such
reasons shall take into.account the factors stated
in Se=?-~=974~5 Sec. 2.7.4.4 or such of then as may
be applicable to the action of denial and the
particular regulations relating to the specific
conditional use requested, if any.
Delete stricken language, add underlined language.
LDC page 2-211
2.?.4.~ ~
g~. Upon receipt of the Planning
Commission's report and recommendations, the Board
of Zoning Appeals shall approve, by e=d½nence
~, or deny a petition for conditional use.
The approval of a conditional use petition shall
require four affirmative votes of said Board.
Delete stricken language, add' underlined language.
,oo 56, ,:220
LDC pages 2-215 thru 227
Modify references to the Affordable Housing Density Bonus
program.
2.7.7.1.1 Title and Citatio~. The Sec. 2.7.7 shall be known
and may be cited as the "Collier County Affordable
Housing Density Bonus Regulations." "Affordable
Housina Density Bonus" shall in this section be
referred to as "AHDB".
NOTE~ This will require global modification to all references
to "Affordable Housing Density Bonus" in Section 2.7.7.
Delete stricken language; add underlined language.
Zoning Atlas Map Amendments
MAP # REVISION
462728 Change A-M}{ designations to A-M~O
462930 Remove IND designation after I at the Airport property;
map should only show "I" for industrial land
Change A-M}{ designations to A-M}{O
6836n Change A-MI{ designations to A-MHO
6836s Change A-MH designations to A-M~O
6908s Change A-MH designations to A-MHO
6928s Change A-MH designations to A-MHO
6930s Change A-M~ designations to A-MHO
6932n Change A-MI{ designations to A-MHO
6932s Change A-MI{ designations to A-MHO
6933n Change A-MH designations to.A-M~O ~ -
6933s Change A-M}{ designations to A~MHO
6934s Remove IND designation afte~'I at the Airport property;
map should only show "I" for industrial land
Change A-MH designations to A-M~O
472728 Change A-M}{ designations to A-MHO
7722 Change A-MH designations to A-M/{O
to 7727
472930 Change A-MH designations to A-MHO
7902s Remove IND designation after I at the Airport
property; map should only show "I" for industrial land
Change A-MH designations to A-MHO
7903n Remove IND designation after I at the Airport property;
map should only show "I" for industrial land
7905n Change A-MH designations to A-M~O
Delete stricken language; add underlined language.
Map Amendments Continued
7909n Change A-MI{ designations to A-MHO
7909s Change A-M}{ designations to A-MHO
791011 Change A-M}{ designations to A-MHO
8510n Remove IND designation after I; map should only show
"I" for industrial zoned land
8510s Remove IND designation after I; map should only show "I"
for industrial zoned land
8515s Remove IND designation after I; map should only show
"I" for industrial zoned land. Also, a dash should be
added between C2 to show C-2 on the map.
8527n Remove IND designation after. I; map should only show
"I" for industrial zoned land.
872930 Add MHO symbol after A designation to read A-MHO.
873132 Add M~O symbol after A designation to read A-MHO
9511n Remove IND designation after I; map should only show
"I" for industrial zoned land.
9511s Remove IND designation afte~ I; map should only show
"I" for industrial zoned land.
9512s Remove zone line between RSF-3 area and Barton Collier
High School or indicate the zoning district on Barron
Collier High property.
9514s Delete PUD zoning line at East boundary of Section ~4
and replace with RMF-16 for that area next to Lot 117
and Woodside.
9522s Change IL designation to I.
9631s Revise zoning map .to indicate proper zoning district
where current zoning map reflects PU-6 (Endless Summer
MHP) to MH.
482728 Add MHO symbol after A designation to read A-M~O for
Agricultural areas with exception of N.E. corner of
Section 9, which should remain as A.
482930 Add MHO symbol after A designation to read A-MHO for
sections west of SR 29 and A-MHO-ACSC/ST for sections
east of SR 29.
Delete stricken language; add underlined language.
492728 Change A-~H designations to A-MHO
492930 Change A-MH designations to A-MO
1612s Remove MHSD designation and replace with MH.
3911n No zoning district specified on map. Revise to
indicate appropriate zoning district.
3911s No zoning district specified on map. Revise to
indicate appropriate zoning district.
3923n No zoning district specified on map. Revise to
indicate appropriate zoning district.
MB7F No zoning district specified on map. Revise to
indicate appropriate zoning district.
512728 Adjust CON-ACSC/ST boundary as indicated on revised
map.
52532730 Adjust CON-ACSC/ST boundaries as indicated on revised
map.
Delete stricken language; add underlined language.
LDC Page 3-4
Add Section 3.2.4.10 Resubdivtstons:
~ ~ v
t a c t
t e
a v w
~ V' 0
esub v t 'v s
ve a d
v d o v
e t
· e s t o o t
o o
t
to t d s wi
a es t su e t o
Delete stricken language, add underlined language.
LDC Page 3-22
Amend and supplement the language currently existing:
3.2.7.3.6 v v v
~ Anything
contained elsewhere in this Code to the contrary
notwithstanding, no development shall be allowed
pursuant to a preliminary subdivision plat prior to
the approval of improvement plans and final
subdivision plat submitted for the same
thereof.
d e
etwee a e u t
Delete stricken language, aaa underlined lan'guage.
LDC P~age 3-22
3.2.7.5 Resubdivision A Preliminary Subdivision PlatrPSP%
application shall be submitted in accordance with
Sec. 3.2.7 for the provision of reauire~
lmprQve~epts ~or any Resubdivision as ~efined in
Article 6. unless the Resubdivision is of a lot.
parcel, tract or a like unit of 1~ Which
completely complies with all of the following
criteria:
al The lot. parcel, tract or a like unit of land
was previously approved as part of a Preliminary
Subdivision PIat application aranted in accorda~
with the provisions of Sec. 3.2.7 for a principal
property and is zoned for single family us~
accordance with the provisions o~ Article 2.
b) The Final Subdivision Plat and Improvement
Plans for the principal property's Primary
subdivision Required Improvements. of which such
property is a Dart thereof, have been reviewed and
approved, the Final Plat recorde~ and Preliminary
Acceptance cranted for 'all Required ImProvements in
accordance with Sections 3.~.6, ~,~.8 amd
c) No separate Environmental Impact Statement{EIS)
or supplement, amendment or ~pdate pursuant to
3.2.7.1.21 to an existina EIS for the property to
be resubdivided shall be required,
dj No endan~eredo threatened or listed specie~
protection issues pursuant to the provisions of
Div. 3.11 are present within the property which is
the subject of the Resubdivision.
e) No additional substitutions from those aranted
for the principal property's PSp o~ the Design
Standards contained in Sec, 3,2,8.4 for
Required Improvements within the Resubdivision
pursuant to3the provisions o~ sec, ~,~.7.~
required.
f~ No portionCs) of the Principal Project's water
~anaaement system are reauired to be constructed
within the property subject to Resubdivision.
Delete stricken language, add underlined language.
LDC pg. 3-22 Section ~.2.7.5 conttd
Delete stricken language, add underlined lamguage.
3.2.8.2.3 A detailed water management plan in accordance with
the master water management plan approved in the
preliminary subdivision plat showing the complete
water management system including, but not limited
to, closed drainage areas, design high water,
recurring high water, acreage, ~ COmplete lot
cradina plan with final ~radi~q elevatioDs, surface
runoff flow patterns, and companion drainaae
easements consistent with the final subdivision Plat
pursuant to Section 3.2,9 tQ ~e utilize~ ~v the
APPlicant. his successor~ or assians durina the
buildina Dermittin~ and site improvement process for
all lots consistent with the Collier County Buildina
¢~d~, and the compatibility of drainage of surface
waters into adjacent or larger water management
systems. The complete calculations used to design
the system shall be provided for projects 40 acres
or less. For' projects greater than 40 acres the
Applicant shall initially provide with the
submission the SFWMD Construction Permi= Submittal.
Prior to approval the Applicant shall provide the
staff report and early work permit or construction
permit.
...
Delete the stricken language, add the underlined language.
LDC pg. 3-52
3.2.9.1 General Requirements
3.2.9.1.5 Subdivision.performance securitY, as further
described herein, in an amount equal to one
hundred and ten percent (110%) of the sum of
construction cost for all on-site and off-site
required improvements based on the applicant's
professional engineer's opinion or contract bid
price. Where improvements are to be constructed
by a ~eneral-murpose aovernment such as a county
or municipalitY, a local school district, or
D~ate aa~Dcv, no subdivision performance security
shall be re~uired. Subdivision performance
~gcurl~y shall be reouired of an independent
special-purpose ~overnment such as a Community
D~velQDment District(CDD~. The subdivision
performance security shall be in one of the
following forms:
1. Cash Deposit Agreement with the County
2. Irrevocable Standby Letter of Credit
3. Surety Bond
4. Escrow Agreement with the First Mortgagee
of the entire final subdivision plat
5. Funds held by the bond trustee for a Community
Development District which are desianated for
subdivision improvements. The CDD shall enter
into a Construction and Maintenance A~reement
with the County in a form acceptable to the
County AttorneY. The Construction and
Maintenance Aareement shall provide that
a) all permits required for the
of the required subdivision improvements shall
be obtained by the CDD prior to re~ordin~ of
the Dl~%. b) the Progect as defined iD th~
CDD's b0Dd d~umen~s Nust include the required
subdivis'ion improvements and canno~
amended or chan~ed without the consent of th~
county, and c) the developer shall be require~
to complete the required imDr~yements should
the CDD fail to complete same.
Delete the stricken language, add the underlined language.
.. ,oo, 230
LDC pages 3-60, 61
3.3.5.2.2 Final site development plan application
requirements, Sec. 3.3.5.57~
reques~n~-~ma~-s&~e-deYe~epme~-p~am-app~eve}=
3.3.5.3.2 Final site development plan application
requirements, Sec. 3.3.$.5=. for the phase
recuestinc final site development plan approval.
Delete stricken language, add underlined langfiage.
LDC pg. 3-85 ~'
~,5.4.5.1 Excavations incidental to A~riculture Surface Water
Manaaement and Water Use facilities as included in
exi~tina South Florida Water Management District
p~rmits. All excavated materials must remain on
l~Dds under same ownership. AnY transportation of
materials over public roads is sub4ect to
appropriate transportation impact fees.
~': ' Delete stricken language; add underlined language.
LDC pg. 3-92
3.5.?.2 Side Slones.
3.5.7.2.3 In the event that property where a Commercial or
Exemnt Aaricultural Excavation was previously
excavated is rezoned/developed for uses other than
agriculture, the excavation shall be modified to
the standards for development excavations in
accordance with the requirements of Section ~.5.7;2
proper, or other criteria as may be more stringent.
Delete stricken language~ add underlined language.
LDC Page 3-119
Sectfon 3.8.9 EXemDtl°ns
].8.9.1.1 Bona fide agricultural uses where an AGricultural
Clearing Permit or e×emDtion has been issued in
accordance with ~G, 3.9.6.5 herein, provided that
~he subject Property will not be converted to a
non-aaricultural use or considered for any tvoe of
r~zoninG petition for a period of ten (10) vears
after the agricultural uses commence and provided
~bat th~ subjCgt Drogert¥ does not fall within a~
A~SC or ST zoning overlay.
3.8.9.1.2 ~uch aqricultural u~9 shall be conducted in a
~Dner WhiCh ~eets all state and local reaul~tioDs,
including the use of herbicides, pesticides, and
Sertilizer apDlicat~0D,
3.8.9.1.3 Bona fide agricultural uses shall be the same as
those defined in Sec. ~.2.2.2.1'.'LDC. Permitted
Uses. item 2.. as may be amended from time t9 time,
Delete ~tricken language, add underlined language.
LDC page 3-124
3.9.§.2.1 Protected vegetation is a safety hazard to
pedestrian or vehicular traffic, public services,
utilities, or to an existing structureT~ a~-has
bean-~eq~es~e~-to-be-~emewe~-by-e-p~b~-~aw
Delete stricken language; add underlined language.
3.9.5.2 Criteria for Removal of Protected Veqetation.
3.9.5.2.6 Protected veqeta~ion DroDosed for removal is
non-native. ReDl~cement of non-native vegetation
shall be with native veqetation of comparable
~aliper a~d area and shall be subgect to the
approval of the Development Services Director or
his/her desiqnee. In the event that comparable
~aliDer or. diameter at breast heiqhts (dbh}
veqetation is not available, smaller dbh trees .tha~
total the requisite caliper may be substituted.
Under no circumstances will a tree or shrub less
than the.minimum size requirement for landscaDinq be
acceDted. Replacement native veqetation shall be
planted within fourteen (14) calendar davy of
removal. ..
Delete the stricken language, add the underlined language.
LDC pg. 3-124
Add a new subsection as follows:
3.9.5.2.7 On a parcel of land zoned Residential SinGle Family
fRSF}. VillaGe Residential CVR). Estates (E~ or
other non-aGricultural, non-commercial zonin~
district in which sinale familv lots have been
subdivided for sinale family use only. a vegetation
removal permit may be issued for anv permitted
accessory use to that zoning,
Delete stricken language; add underlined 'language.
LDC Page 3-127
3.9.6.4.2 Except for lots on undeveloped coastal barrier
islands, a vegetation removal permit for clearing
one (1) acre or less of land is not required for
the removal of protected vegetation, other than a
specimen tree on a parcel of land zoned Residential
Single Family (RSF), Village Residential (VR), or
Estates.(E), or other non-a~ricultural.
non-commercial zonin~ districts in which sin~l-
family lots have been subdivided for sinale family
use only, where the following conditions have been
met:
1) A building permit has been issued for the
permitted principal structure (the building
permit serves as the clearing permit), or
2) The permitted principal structure has been
constructed, and the property owner or
authorized agent is conducting the removal.
Delete stricken language, add underlined language.
LDC Page 3-128
3.9.6.$ ~Grtcultural Land Clearin~. A permit for clearing
agriculturally zoned land for bona fide
agricultural use, as defined by this Code. shall be
required for all agricultural operations except as
exempted bv Sec,. ~,9,~.5.6 of this Code.
2.9.6.5.1 ~pplication~ An apolication for an AGricultural
Clearing Perr~ ~h~ll be submitted in the form
established bv the Develop~en~ ~ervices Director~
Silviculture osera~ions, a~ 4~ned by this Code.
shall require a management plan prepared bva
~orester or a resource manager Ce.G. Division of
ForestrY. private or industrial) as Dart of the
~polication. Ag.~pplication fee in an amount to be
determined by the Board of Countv Commissioners
shall accompany and be a Dart of the application.
The followi~ conditions, as applicable, shall be
addressed as part of and attachments to the
~gricultural L~pd Clearin~ apDlication~
1) If an ST or ACSC-ST overlay is attached to the
zoning of the property, an ST development permit
has been issued by the .Developm'ent Services-
Director. The ST or ACSC-ST permit review shall be
in accordance with Collier CountF Land Development
Code Divisio~ 2.2. Section 2.2.24 and may be
simultaneously reviewed with the A~ricultural
Clearin~ Permit application.
2) The application, including generalized
vegetation inventory and clearing plan as outlined
in Sections 3.9.4.2.1, 3.9.4.2.2.and 3.9.4.2.3, and
the site visit where required confirm that the
proposed use is consistent with the requirement of
the zoning district as a bona fide agric~ltural use
and the applicant has been informed of the rezoning.
restriction which granting the permit shall place
on his property.
3) The applicant has obtained and produced a copy
of the South Florida Water Management District
(SFWMD) consumptive water use permit or exemption~
if required by SFWMD. .
Delete stricken language, add' underlined language.
· ~' LDC pg. 3-128 (cont'd)
4) The applicant has obtained and produced
of the South Florida Water Management District
surface water management permit or exemption. ~f
e u e b
a s
t t
e u e w t u 's o - s
· s w ds a ot e
t s w
51) The property owner, or authorized agent, has
filed an executed agreement with.the Development
Services Director, stating that within two (2)
years from the date on which the
e~mmeneemen~-~ Agricultural Clearing Permit-~ is
approved by the Development Services Director, the
owner/agent will put the property into a bona fide
agricultural use and pursue such activity in a
manner conducive to the successful harvesting of
its expected crops or products. The owner/agent
may elect to allow the subject property to lie
fallow after completing the bona'fide agricultural
use, for the remainder of the ten (10) year period
required Dy Sec. 3.9.6.5~6~8). ~
c u e w
s .
e ed s
~.-
68) The property owner, or authorized agent, has
filed an executed agreement with the Development
Services Director stating that the owner/agent' is'
aware that the Collier County Board of County
Commissioners will not rezone the property
described in the n~%~ee-e~-e~mmeneemen~-~
Agricultural Clearing Permit~ for a period of ten
Delete stricken language, add' underlined language.
LDC pg. 3-128 (cont'd)
(10) years from the date of approval of the
o~-eomme~emen~-~ Agricultural Clearing Permit} by
the Development Services Director, unless for any
such conversions in less than ten ¢10~ year. the
converted land shall be restored with native
veqetatio~ to the deoree required by this c~e,
3.9.6.5.2 Determination of ComPleteness. After receipt
amDlication for an Aoricultural Clearina Permit,
the Development Services Director or his desl~e~'
shall determine whether the aPPlication submitted
is complete. All aPPlicable conditions specified
in Section 3.9.6.5.1 must be addressed in order
ob~ain a Determination of ComPleteness. If the
aDDliq~ton iS not complete, the Develomment
$~rvices Director or his designee shall notify the
~pp~icant in writino of the deficiencies. No
further steps to mrocess the aDolication shall be
~aken until all of the deficiencies in the
~DDlication have been met.
Where the applicant submits as Dart of the
aPPlication for an Aori~ultural' Clearino Permit a
COpy 0~ the COmpleted aPPlication for a SFWMD
cons~Dtive ~se Permit or exemption, for a SFWMD
surface water manaoement Permit or exemotion, or
for an ACOE Permit or exemotion, as amDlicable, a
~od~fie~ Qe~rmination of completeness may be
issued Drovidl~o that said Permits or exemD~ions
are not necessary for further County review and
Drovidino that all other deficiencies in th~
aPPlication have been addressed..
A Determination of ComPleteness or a Modifie~
Determination of Completeness shall be made. in
writino, within ten (10) business days of receipt
o~ ~he completed aPPlication.
3.9.$.5,3 Criteria fo~ Review of Aoplteatt0~. Eqvtew of the
aDDlication~for an Aoricultural Clearino Permit
shall commence upon issuance' of the Determination
of Completeness or Modified Determination of
g0mpleteness and shall be comoleted within
business days from the date of issuance to the "
~Dolicant of a Determination of ComPleteness or a
Modified Determination of Commleteness except where
additional data and or information is required to
address environmeDtal impacts. Where such
Delete stricken language, add underlined language.
LDC pg. 3-128 (cont'd)
ad~itional data and or information is re~uired.
~aff shall have ten business days to complete
review of the aDolication after receipt of said
additioDal data and or information from the
~policant.
The following criteria shall be utilized by staff
~ rev~ew~Dg.a~ applicat~o~ for issuaDG~ of an
AGricultural Clearing
1. A Determination of Completeness or a Modified
Determination of Completeness has been issued
to the aDolicant.
2.An on-site inspection has been made.by ~taff.
if indicated.
3. Environmental impacts, including wetlands and
protected wildlife species habitat,s1 shall
have been addressed in accordance with the
reauirements of the Collier County Growth
Manaqement Plan and the Land Development Code.
as may be amended from time to time,
Additional data and or .in~matio~ required by
the County to address environmental impact~
shall be submitted by the applicant
written.r~quest by. staff. Such r~qU~$~ shall
be sent by certified mail. return receipt
requested. Such additional data and or
information shall be submitted to the County
by the applicant within the twenty d~Y review
period specified in Sec. 3.9.6.~,] above or
the application for'an A~ricultural CleariD~
Permit shall be denied unless the ~pDlican=
has Petitioned the County in wri~iD~ for an
extension of time.
~.9~6~.4 ;ssua~ce of Permit. After an application for an
AGricultural. ClearinG Permit has bee~.reViewed in
accordance with Sec. 3.9.6.5.3. the D~Vp~Op~ent
Services Director or his designee shall arant the
p~rmi~, ~rant with conditi~DS or den¥..~he permit.
in writing within ten fl0) business days of
receiving a completed application for an
AGricultural Clearing Permit. For purposes of th'is
Section. an application for an AGricultural
Clearing Permit shall not be complete until all
Delete stricken language, add underlined language.
LDC pg. 3-128 (coHt'd).
applicable conditions specified in Sec. 3.9.6.5.1
are addressed and attached...~ the application.
including applicable permits or exemptions from the
SFWMD or ACOE. Where the Aqricultural Clearin~
Permit is denied, the letter shall state the
reason(s) for said denial.
$.9.6.5,.~. Renewal of Agricu~ural Clearin~ Permit. An
approved Aqricultural Clearin~ Permit is valid for
five (5) years and may be automatically renewed for
five (5) year periods providing that a notifica~loq
in writinq is forwarded to the DeveloPment Services
Director at least thirty ¢30) but no more th~ ode
hundred eiqhtv (180) days prior to the e~Dirati~
of the existin~ Permit and Drovidin~ that the
propert? has been actively en~a~ed in a bona fide
agricultural activity in accordance with the
re~girements of Sec. 3.9.6.5.1 of this Code,
Such notification shall state that the applicant is
in compliance with any and all conditions and;or
stipulations of the permit. A violation of permit
conditions shall cause to void the Aqricultural
Clearing Permit.
~pplicants failin~ to provide notificatioH as
specified herein shall be required to submit a new
aDDl~cation for an Aqricultural ClearlDG Permit.
3.9.6.5.6 Exemptions.
I An Aqricultural Clearing Permit is not
required for operations havinq obtaine~ ~
permit under Ordinance No. 76-42 and which can
demonstrate that an approved bona fide
aqricultural activity was in e~istence within
two Years of the permit issuance date. or for
operations which can demonstrate that a bona
fide aqricultural activitv was in existence
be(ore,the effective date of Ordinance N~,
76-42. Such demonstrations for ewemDtions may
include aqricultural classification records
from the Property Appraiser's Office: dated
aerial DhotoqraDhs: occupational licgDse for'
aqricultural operation: or other information
which Positively e~blishes the commencement
date and the particular location of the
aqricultural operation.
Delete stricken language, add underlined language.
LDC pg. 3-128 (cont'd)
2. UPon issuance of an AGricultural Clearing
or as exempted above, activities necessary for
the onaoinG bona fide agricultural use and
maintenance shall be exempted from obtaining
additional AGricultural Clearing permits for
that parcel Providing that the intent, use .and
ScoPe Of said activities remain in accordance
with the onGoinG AGricultural Clearing Permit
or exemption. OnGoinG bona fide agricultural
activities that aualifv for this exemption as
described in this Section may include but are
not ,limited to clearing for, around or in
dikes, ditches, canals, reservoirs, swales,
Dump stations, or pens: removal of new arowth.
such as shrubs or trees, from areas previously
permitted or exempted from this Section;
fireline maintenance: approved wildlife food
plots: or other activities similar in n~ure
to the foreaoina. Fences. buildinas and
structures requiring a building permit shall
be exempt from an AGricultural Clearing Permit
but must obtain a VeGetation Removal Permit.
3. No AGricultural Clearin~ Permit shali be
reGuired for protected vegetation that is
dead. dYinG or damaged beyond saving dg~ to
natural causes also known as AGeS o~ God
providing that:
a. The Development Services Director is
notified in writing within two ~2) business
days prior to such ~emoval and the COgnt¥
makes no objection within said two
busipess days;
b. The tree is not a specimen tree:
c. The ve~etation is not within a~ area'
reGuired to be preserved as a result of a
re~uirgd preservation, mitiaation ~r
restoration program:
d. The p~rcel is currentlv en~a~ed in bona
fide a~riculture, as defined by this Code. .
4. No AGricultural Clearing Permit shall be
reGuired for the removal of any vegetation
planted by a farmer or rancher which was
planted as a result of a zoning re~ulation or
a required miti~ation or restoration ProGram,
Delete stricken language, add underlined language.
LDC page 3-129
3.9.6.6 Reauirement for Removal of Prohibited Exotic
Ve~etation.
3.9.6.6.4.1 Herbicides utilized in the r~gVal of prohibited
e×otic ve~etation shall hav~ been ~pgroved by the
U.S. Environmental Protection ~aencv.
~.9.6.6.4.2 When prohibited exotic ve~etation is removed, but
the base of the ve~etation remains, the base shall
be treated with an U.S. Environmental Protection
A~encv approved herbicide and a visual tracer dye
shall be aDDlied.
Delete stricken language; add underlined language.
LDC page 3-129
3.9.6.6.6 In addition to the other requirements of this
Division, the applicant shall be required to remove
on single family and two-family lots for all new
principal dwelling units, all prohibited exotic
vegetation before a Certificate of Occupancy is
granted. Th~s-p~h~B~ted-exe~-wege~a~n-~s
·
- b
Delete stricken language; add underlined language.
LDC page 3-129, 130'
3.9.6.8 penalty.
1) The failure of a property owner or any other
person to obtain an approved agricultural
clearing permit as required in Sec. 3.9.6.4.~
shall constitute a misdemeanor and each ee~e-e~
~fld-~em-wh~eh-p=o~ee~ed-ve~e~e~en-~s-=emeYe~
protected livinq, woody nlant, constitutinq
protective vegetation, removed in violation of'
this Code shall constitute a separate and
distinct offense and upon conviction shall be
punished by a fine not to exceed $500.00 Der
violation or by imprisonment in the County Jail
not to exceed sixty (60) days, or by both suoh
fine and imprisonment.
2) The failure of a prcperty-o~r or any.other
person to put the subject premises into a bona
fide agricultural use.as required in Sec.
3.9.6.5(5) shall constitute a misdemeanor for
eaeh-ae~e-e~-~en~-~e= which the agricultural
clearing permit was approved by the Development
Services Director and each
protected living, woodv plant, constitutin~
protective vecetation, removed in violation of
~his Code shall constitute a separate and
distinct offense and upon conviction shall be
punished by a fine not to exceed $500.00~-ee~e
p~r violation or by imprisonment in the County
jail not to exceed sixty (60) days, or by both
such fine and imprisonment.
sen~ene~ng-~he-eou~-mayr-~n-m&~ga~onT
ecns~er.-ehe-s~eeessfu~-re~aeemene-ef
ve~e~ae~e-eo~un~e~es-~}e~a~y-remove~-mn~
~he-~e~ee-e~-~es~e~a~en~e~-~he-wa~e=
re~en~on-and-dra~na~e-eheree~e=~s~es-e~-~he
~an~-~o-~s-e~na~-sea~e~ In additio~ ~0 or..
in lieu of the penalties provided by geDeral
law for violation of Ordinances. the Board of
CouDtv Commissioners may brin~ injunctiv9
action to enj9in the removal of veqetation in
violation of this Code,
Delete stricken language; add underlined language.
LDC page 3-130 Sec. 3.9.6.8 (conttd)
3) Any person violating any provisions of this'
Code or the conditions of a permit issued
hereunder, and not specifically covered in
subsection (1) and subsection (2) of this
Section, shall constitute a misdemeanor and
each protected living, woody plant,
constituting protective vegetation, removed in
violation of this Code shall constitute a
separate and distinct offense and upon
conviction shall be punished by a fine not to
exceed $§00.00~-a==e Der violatio~ or by
imprisonment in the County jail not to exceed
sixty (60) days, or by both such fine and
imprisonment. ~n-&mpas~g-sente~e~n~-~he-eou~
removed-afld-~he-deg=ee-o~-=es~e~a~e~-e~-~e
wa~e=-~e~efl~en-and-dra~flage-eha~a=~e=~s~&es-e~
~¥~ng?-weedy-p}an~-~emeved-sha}}-~a-a-sepa=a~e
o~ense= In addition to or in lieu of the
penalties provided by general law for violation
of Ordinances, the Board of County
Commissioners may bring tnJhnctive action to
enjoin the removal of vegetation in violation
of this Code.
Delete stricken language; add underlined language.
LDC page 3-130 Sec. 3.9.6.8 (cont'd)
Restoration Standards.
If an alleged violation of this Code has
occurred and upon agreement between the
Development Services Director and the violator.
or if they cannot agree, then. upon con¥ictio~
by the court or the Code Enforcement Board. in
addition to any fine imposed, a restoration
plan shall b~ Qrdered in accordance With the
following standards:
A) The restoration plan shall include, the
following minimum planting standar~
In the successful replacement of trees
illegally' removed, replacement trees
shall be of sufficient size and
auantitv to replace the DBH inches
removed DBH is defined for the
purposes of this ordinance as diameter
of the tree. measured at a heiaht of
4.5 feet above natural Grade.
Each replacement tree. shall b~ Florida
Grade #1 as Graded by the Florida
Department of AGricultur~ and CODsumer
Service,
3) All replacement trees shall be,~urserv
arown, containerized and at a minimum
be 7-8 feet in height, have a minimum
caliper of 1-1 1/2 inches at twel¥9
inches (12"% above natural grade,
4) Replacement trees shall h~ve
guarantee of eighty percent
survivabilitv for a period of no less
than three (3) years. A maintenance
~..provision of no less tha~ three
years must be provided iD the
restoration plan to control invasion
of exotic vegetation (those species
defined as exotic veGetation.by the .
Collier County Land Developmen~ Code},
Delete stricken language; add underlined language.
LDC pg. 3-130 Sec. 3.9.6.8 (cont'd)
It shall be at th~ ~iscretion of the
Development Services Director to allow
for any deviation from the above
specified ratio.
In the event that identification of.the
species of trees is impossible for any
reason on the property where protected
trees were unlawfully removed, it shall be
pFesumed that the removed trees were of a
similar species mix as those found on
~jacent properties.
The understorv veaetation shall be
restored to the area from which protected
trees were unlawfully removed. The
~91ection of plants shall be based on the
characteristics of the Florida Land Use.
Covers and Forms Classifications System
· {FbUCCS) Code. Shrubs. ~roundcov~r. and
crasses shall be restored as delineated in
the FLUCCS Code. The~6ecies utilized
shall be with relative proportions
gharacteristic of those in the FLUCCS
Cod~, .. The exact number and tvp~ Q~
species reauired may also be based upon
~h~ existin~ indi~enous ve~etation on the
adjacent property at the discretion of the
Development Services Director.
D~ If the unlawful removal.of tree~ has
caused any chan~e ~n hydrology, around
elevations or surface water flows, then
the hydrology. ~round elevation or surface
water flows shall be restored to
pre-violation conditions.
E) In the event of impendin~ development on
property where protected trees were
unlawfully removed, the restoration plan
~ball indicate the location of the
replacement stock consistent with any
~pprQved Dlap$ ~r subsequent development.
For ~h~ pUrp0s~s of this Ordinance.
impendina development shall mean that a
developer'has made application for a
deve~opmen~ order or has applied for a
bu~dinq permit,
Delete stricken language; add underlined language.
LDC pg. 3-130 Sec. 3.9.6.8 (cont'd}
F~ The Development Services DireCtor maY. at
his discretion, allow the replacemen~
stock to be planted off-site whet-
impending development displaces areas to
be restored. In such situations, off-site
plantings shall be on lands under ~b9
control of a public land and/or agency.
The off-site location shall be subje¢% to
the approval of the Development Services
Director.
The donation of land and;or of funds under
the control of a public aGencv may be made
if none of the above are viabl-
alternatives. This donation of land
and;or funds shall be eaual to or Greater
than the total sum it would cos~ ~
restore the area in which the violation
occurred, {Preservation of differen~
contiguous habitats is to be encouraged).
Delete stricken language; add underlined language.
LDC page 3-134
3.11.3 NEW /~ND EXIS~IN~ DEFELOPMENT, For new and existing
development and construction pursuant to Division
3.2 and 3.3 and the building code of Collier County,
until permanent guidelines and standards are adopted
by Collier County, the following shall apply as
interim guidelines or standards for the protection
of endangered, threatened or species of special
concern or status as prescribed by Pe}½ey-~=~ Goal
7 ~Dd associated obdectives and Policies. as
amended, of the Conservation and Coastal Management
Element or.the Collier County Growth-Management
Plan:
3.11.3.4 Ail s~eh protection plans shall be subject to review
and approval by the Project Review Services Section
Bepa~men~ of the Development Services Department
B&¥&s~on. The County may consider and utilize
recommendations and letters of Technical Assistance
of the Florida Game and Freshwater Fish Commission,
and recommendations and guidelines of the USFWS, in
issuing development orders on. property containing
wildlife species of special status.
Delete stricken language; add underlined language.
LDC pg. 3-135
Sec. 3.12.3 NEW AND EXISTING DEVELOPMENT. New and existing
development shall be in compliance with the goals,
objectives, and 9olicies of the Conservation and
Coastal Managment Element of the Collier County
Growth Management Plan until the formal adoption by
Collier. County of the land development re~ulations,
ordinances. Dolictes and Dro~rams which imDlemen~
the Coastal Zone Management Plan-1991. as adQD~d
by the Board of County Commissioners aha as
prescribed by Policies 1.3.2, 2.5.1, 2.5.3, 6.1.2,
11.6.1, 11.6.2, 11.6.3, 11.6.4 of the Conservation
and Coastal Management Element of the Collier
County Growth Management Plan.
;
· Delete stricken language; add underlined language.
LDC Page 3-137 and 3-138
3.13.7.3 Any structure(s) such as beach umbrellae
~?-=ha~FsT-~e~s?-~ha~-she~-be-remeved
aa&~y-~rom-~he-beeeh-end that do not constitute
fixed structure(s), the~-may-er-aey-ne~ do not
require a building
u u and the~ upon review by the
Director end~or-h~s~her-des~gnee is/are determined
not to present an actual or potential threat to the
beach and to the dune system and adjacent
proper=les.
-
t ' v
v
ev v' e ·
a '
v s c v '
ev'cs
o t e o s
w v w
so v
v v !
v
v o e $o ss
o t
s v
o v
Delete stricken language, add underlined language.
3-151
3.15.4.3.4 Procedure for Review of Application
1. Submission of ADDlicatlon and Fe~
An application for a Certificate of Public
Facility Adequacy shall be submitted to the
Growth Management Director. An application.
shall be submitted at the filing of the
earliest or next to occur of final subdi%ision
plat, final site development plan, or building
permit. An application fee in an amount to be
determined by the Board of County
Commissioners shall accompany and be part of
the application~T-eMeept-~ha~-ne-epp~=a~en
fee-sha~-be-requ½med-~er-a~-App~ea~e~-.~
Pub~e-Pae~y-Adequaey-subm~ed-~n
subd&v&s&en-p~a~7-a-~&na~-s&~e-~eve~epmen~
p~an~-er-a-bu&½d~n~-perm&~v
· ~"" Delete stricken language; add underlined language.
056 :255
. . LDC page 4-6
Adding page 4-6 and Div.4.6 providing reference for the Emergency
Medical Service System Impact Fee.
~1V.4.6 EMERGENCY M~D~CAL SERVICE SYSTEM IMPACT FEE.
~rovisi0n for "emergency medical service system
~mDa~t fee" in Collier County are contained in
Collier County Ordinance 92- . as may be
amended from time to time, and should be referenced
therein.
Delete stricken language; add underlined language.
LDC page 4-7
Adding page 4-7 and Div.4.7 providing reference for Educational
Facilities System Impact Fee.
pIV.4.7 EDUCATIONAL FACILITIES SYSTEM IMPACT FEE.
Provision for the "educational facilities system
iDD~gt fee" in Collier County are containe4 lB
Collier County Ordinance 92- . as may be
amended from time to time. and should be refereDc~
therein.
Delete stricken language; add underlined 'language.
LDC pg. 5-5
LOCATION OF MEETINGS.
In order to provide convenience and promote public
meetings of the Planning Commission shall be held
in the Immokalee area when matters pendin~ before
the PlaDnina Commission are of sufficient concern
tO the ~mmok~ee area to warrant such a meetina.
The Plannin~ Commission shall, by majority vote.
make such determination at at one of its regularly
scheduled meetings well enough in advance to allow
~U~l~ient time to advertise such Immokalee
meeting, bu~-ea½y-when-ma~e~s-pend~fl~-be~e~e-~he
P~an~nq-eemm~ss~s~-ee~eer~-e~-add~ess-~mmeka½ee
a~ee-p~ann~nq-end-eens~de~e~½ens~ Ail other
meetings shall be held at the Collier County
Government Center, Naples, Florida, unless
otherwise specified by the Planning Commission or
Board of County Commissioners.
Delete stricken language, add underlined language.
LDC pg. 5-5
.~ ~,2.11 APPEALS
As to anv land development petition or application upon
Whigh the Planning Commission takes final action, an
agg~ve~ petitioner or applicant mav appeal such final
action to the Board of County Commissioners. The Board
Q~ County Commissioners may affirm, affirm with
conditions, r~vers~ or reverse with conditions th~
a~tioD of the Planning Commission. Such appeal shall be
filed with the Development Services Director within
thirty ¢30~ days of the date of the final action by the
Planning Commission and shall be noticed for hearing
with the DQ~rd of County Commissioners. as applicable.
in the same madder as the petition or aDplicati~n was
~gticed for heartn~ with the Plannin~ Commission. The
cost of notice shall be bo~ne by the petitioner or
applicant.
Delete stricken language, add underlined language.
SEC. 5.3.2 POWERS AND DUTIES.
5.3.2.1 TO hear, review and approve, approve with
conditions, or deny zoning variances, gQ~ditional
U$~S, non-conforminG use amendments, flood
variances and off-street parking and shared parking
agreements ~e-in accordance with the terms of these
regulations.
Delete stricken language; add underlined language.
LDC page 5-6
5.3.2.2 To hear, review and approve with conditions, or
deny appeals from administrative decisions or
interpretations of the Growth Management Plan, the
Future Land Use Map, the Land Development Code, or
the Official Zoning Atlas by the Development
Services Director or the Growth Planning Director'
Or their desiq~ee$.
· i Delete stricken language, add underlined language.
LDC pages 5-13 thru 5-15
Delete provisions for Code Enforcement Board and Reserve Div.
D~V. 5.5 ~ESERVED eeBS-~NFeRe~M~N?-BeARBv
S~e~-5-5-~ .... ~STABB~eKM~N?-ANB-p~RPess?
The~e-&s-he~eby-es~e~&shed-a-eo½½&e~-eo~n%y-eo~e
£nfo==emen~-Boa=d-&m-ae¢ordanee-w&th-~he-p~ov&s&ons
The-eode-En~ereemen~-Beard-she½½-have-~he-~e½~ew~
9ewers-end-~u~es?
~?Svgv~-- Te-he~d-hee~&ngs-end-~e-make-~nd~n~s-e~-~ee~-en~
eene}us&ens-e~-~ew-es-e=e-meeesse~-~e-en~eree-~e
~=e¥&s~ens-e~-~e-~ew~-Memegemen~-P}mn~-Bend
~eer~ngs?
~TSv~T~ To-&ssue-su~peenes-eempe}½~n~-~e-presenee-e~
persens-e~-eede-En~ereemen~-Bee=d-~eer~ngs~
~uBpeenes-mey-~e-serve~-by-~e-eo½}~e=-eeunt~
~r~Tev4 Te-~ssue-s~Bpeenes-eempe~½~n~-e~e-~ev~s~en-e~
ev&denee-s~-ee~e-~n~ereemen~-Bee=~-~ee~&mgs=
~v~r~.$ To-issue-e~ders-havin~-the-~eree-e~-~ew-eommen~in~
w~e~eYe=-s~e~s-e=e-neeesse~y-~e-ee~eve-eem~A~ence
Sv$.ev~ ?o-½evy-~nes-ne~-ee-exeeed-~we-h~ndred-and-~ey
de}}ers-f$~Se=ee~-~er-eech-dey-e-v~e}a~en
een~&nues-pss~-e-~e~e-se~-~er-eemg½~anee-~n-a-Beard
Delete stricken language; add underlined language.
~erm½na~e-~he-appo½n~men~-of-sech-persen~-as-a
member-~E-~he-eode-£nforeemen~-B~rd?--~he
mem~ersh~p-of-~he-eode-En~oreemem~-Bo~r~-sho~z-~o
a.b~s~nessma~T-am-en~mee~?-a-~ene~a½-~on~rae%o~T-a
s~bcontrac~ory-an~-a-rea~or~
STSv~v~ ~ppo~n%me~v--?he-eode-£n~oreemen~-Boar~-~ha~-be
S7579v~ ?e~msr--A~-mem~ers-sha~½-serYe-a-~erm-e~-%hree-~
~he~r-p~or-appo~n~men%s~
STST~T% eempe~s~%~enT--Mem~ers-sha~-sen~ye-w~heu%
m~½ea~e-and-per-~em-expenses-ms-may-be-e~hor~zed
by-~he-Bear~-ef-eo~n~y-esmm~ss~oners~
STSTOTS Bemewe~T--Any-membe~-who-fa~s-%o-a%~en~-~we-~R~-ef
STST4?~ A~-a~-an~ua~-or~fln~Ea~ena~-mee~n~-~he-membeFs-e~
~he-e~de-~nfe~eemen~-Bea~d-~ha~½-e~ee~-ene-~-ef
~he~r-member~-aa-eha&rman-an~-ene-~-aa
~erve-a~-eha~rman-fer-m~re-~han-~w~-{R~-e~n~eeue~ve
S?ST4T~ ~he-eha~rman-~ha~radm~n~s~er-oa~hs?-~ha~½-be-~n
Delete stricken language; add underlined language.
'~ S.S.4.~ 8~e~e~e~yv--?he-eede-E~Eo~ee~ent-Board-~ha~
eppe~n~-a-Seeretar~--?he-See~e~a~-she~-keep
~recee~n~s-be~ere-~he-Beerdr-etteseed-2e-b~-~he
Secre~eryT-an~-wh~eh-sha½~-~ne~u~e-~he-¥o~e-ef-eech
memBer-~pen-ever~-q~es~on~--?he-m~n~es-sha~-Be
epproYed-b~-a-ma~er~-ef-~he-members-e~-the-Beerd
Ye~ng?--~n-edd~cnz-~he-Seere~ary-she~-me~n~e~n
~reeee~ngs7-~he-cerres~endemee-ef-~Me-Beerd?-end-e
me~½~mg-~s2-e~-~ersems-w~sh½mg-~e-reee~ve-net~ces
ef-meet~ngs7-egen~ms-er-m~m~tes-mnd-wMe-Meve-~e~d
ecmm~ss~eners-~e-ecYer-eepy~ng-amd-me~m~-ees~s~
~v--~r~v~ 8TAPFT--
?he-eommun~ty-Beve~epmen~-gerv~ees-B~v~s~e~-she~
be-the-pre~ess~ene~-s~e~-e~-the-eede-En~e~eemem~
Boerdv ..
Ne-mee~½n~-of-~he-~ede-Enfereemen~-Bce~d-she~-Be
ealled-ee-er~err-ne~-may-any-hasiness-~e-e~ansae~ed
b~-~he-eede-£n~ereemen~-Beardr~ithea~-a-q~e~am
2he-~ede-En~ereement. Be~rd-mus~-ve~e-~n-erder-~er
mn-ec~on-te-Be-eff~e~a~
STST~T~ Re~a½er-meee~n~s-e~-~he-eede-£n~eFcemen2-Beard
sha½~-Be-he½d-ne-~ess-~r~q~em~y-~han-emee-ever~
the-ehe~rmen-e~-the-ee~e-£n~ereement-BeardF-e~-~m
6.STg?e ~he-½oea~½on-o~-mee~n~s-she~-be-at-~he-ee~n~
STS?~?~ Hear½n~s-of-~he-eode-£nfereemene-Beer~-ma~-~e
ee~½ed-by-~he-Rha~rmen-a~-th'e-req~es~-ef-the-Rede
eemp~anee-S~perv~eerr-e~-by-wr~t~en-ne~ee-s~ne~
by-e2-~ees~-three-f3~-membe~s-ef-the-eede
Enfereemen~-Beerd~
8Be~-s. ST8 eP~RAT~N~-PROeBB~RBST
STSTeT~ A~-easem-b~eugh~-Befo~e-~he-eede-eemp½~enee
gupe~v~se~?-~he-~eena~n~-flmd-gn~e~eemem~
Dele:e $:ricken language; add unde:lined language.
Delete stricken language; add underlined language.
LDC pages 5-16 thru 5-21
Delete Provisions for Building Contractors' Licensing Board and
reserve Div. 5.6.
DIV. 5.~ RESERVED
sBeT--ST&V~ ..... eR~AT~eN-~Ng-~PPe~N~MBNT-
............... The-B~½}d&ng-eomt=aeters~-B~=ens~mg-Boerd-sha~½
haye-%he-~o~}ew~mg-powe~s-amd-dm~½ese
~,6vev~ ........ Upon-re~e~emee-~y-bhe=eonbreebor-B½eems&ng
Superv~so~7-debe~m~e-~he-qua}~&ee~ons-o~
epp~½canbs-~e~-~he-Yar~eus-embe~er~es-e~
eenb~ee%e~s~-ee~eebes-e~-eempebeney-es-meesu~ed
~-s~anda~ds-s~ated-~n-eh~s-d&v~s~en?
eempe%eeey-e~-an¥-eentreeee~-mes~e~-e~-~e~rneymen
she~½d-be-d~s¢~p~ned-~eder-%h~s-d~v~s~en~
5T6T~T~ B&~ee%-e-eemp~a~nb-bo-Be-~ed-fe~-peoseeu%&en-e~-a
eenb~ecbo~-e~-ebher-pe~sen-~e~-~he-Y~e~ab~em-e~
sha~-~e-eempese~-e~-n~ne-~9~-members-whe-sha~½-Be
eppe~nbe~-~-bhe-Bea~-e~-ecun%y-eemm~ss~ene~s~
~he-Bee~-e~-ecum~y-eemm~ss~eners-ma~-a~se-appe~mb
e~bernm%e-membe~s-es-~b-~eems-epprep~a~e.--?he
n~ne-~9~-mem~e~s-e~-%he-eemb~ecbers~-E~eens~m~
Bea~d-she~½-eems~sb-e~-e-~½censed-e~eh~%ee%?-e
~eense~-~ene~a~-eent~eebe~-e-~eense~-en~neee~-m
Z~eense~-e~eeb~ee~-een~ee~cr~-a-~cenme~-p~umb~m~
cenbrecber~-o-~eense~-mechen~cm~-een%rae%e~-e
~eensed-~ee~n~-cen%rccbe~-e-~eense~-~es~enb~e½
'~ep~esen%ab~ve-~cm-ene-e~-%he-e~he~-%redes-e~
p~e~ess~ens-eegu~u~n~-a-eempeeenc~-es-p~ev~e~-~m
end-~e~u~e-be-have-a-mem~e~-o~-eaeh-e~-bhese
Delete stricken language; add underlined language.
successe~-has-~eefl-appe½fl~ed-afla-Mes-ess~me~-M~s
Bea~d-ma~-Be-~emeYed-~em-e~½ee-~e~-en~-ee~se-~¥-e
ma~e~-¥o~e-ef-~Me-Bee~d-e~-~e~m~y-~emm~ss~eme~s~
~ne~p~ed-~e~m-e~-e~ee-e~-am~,mem~e~-ef-~e
Bea~d-e~-~e~m~-~emm½ss~ene~s~
5r6r~?5 '~ee~--?he-een~ae~e~s~-E~eens~m~-Bea~d-s~e~
e½ec~-e-eMa~mam-end-¥~ee-eMa~men-~em-~s
ST6T~T6 8ee~e~a~y-a,d-s~affr--?Me-~en~ae~e~-E~eens~n~
BeYe~epmen~-Ser¥~ees-B~¥~s~en-sMe~-Be-eMe
BB~v-Sv6v4 ..... ~UOR~MT-NBeB~BARY-Ve~
...............
Bea~dT-a~d-½n-h~s-absenee-b~-~he-Y~ce-eha½~ma~r-e~
~n-M~s-aBsence-~Me-Bea~-sMa~-~ee~-a-~em~e~a~Y
eMcse-~esen~-sMa½~-Be-~eg~{~e~-~e-ma~e-en~
~ee~s~en~
...............
E~eens~ng-$.pe~v½se~
e.e.e.~ Any-pe~sem-a~eved-b~-am-adve~se-dee~$~em-e~-~e
een~ae~e~s~-E~eems~mg-Sea~d-ma¥-appea~-s~eM
dec~s~em-~o-~he-Bea~d-ef-go~m~y-~omm~ss~eme~s-½n '
Delete s~Ficken language; add unde~lined lan~uaqe.
de~rey-~he-eam½n~s~re~ve-ees~-ef-~e-ep~ee~-w~n
ren~ere~-en~-~eduee~-~o-w~m~-By-~e-eem~ee~e~s~
S~&~G~ ........ ~he-Bee~d-e~-~eun~y-eemm~ss½ene~s-s~e~-&e~e~m~ne-m
de~e-w~en-sueh-eppee~-m~e~½-Be-eemm~&e~e&-em&
eppe~en~-em~-~he-e~ee~ed-bu~ng-een~e¢~e~-by
s~m~½-Be-be~e~-sc½e~y-upen-~Me-~ece~-me~e-~e~ete
~he-een~ee~o~s~-b~eens½n~-Bee~
S~$~4 ........ ~he-~e½~u~e-e~-e-½~eensed-eon~ee~e~-e~-eomp~e~nen~
~o-eppem~-e-dee½s~en-e~-~he-eon~ae~e~s~-B~eens~ng
~s-~ende~e&-she~-me~e-sueh-dee~s~en-f~ne~
o.o
............... ~he-~e~ow~ng-ac~ens-by-a-~eense&-een~ee~e~
she½½-eense~uee-m~seenduc~,
cen~ee~e~-by-a~½ew~n~-eme~m-ee~ee~eTe~
eompe~ency-~e-,be-used-by-an-em~eense&-een~ee~e~
~o-eYe&e-~he-ptov~s~enm-e~-~h½s-a~v~s~en~--When-e
~eense&-eeme~ae~e~-aees-es-ehe-que~y~n~-a~en~
~h~s-a~v~s~en-~e-p~esen~-se~d-~mr-sueh-ee~-she~
ccmpe~ency-es-½~s~ed-en-h~s-eempe~ency-ea~a-and-es
de~ned-~n-~h~-e~e~e-ot-as-~es~ceea-by-~he
een~ee~e~s~-B~cens~ng-Bee~dv
S.~9~S Abanden-w~heu~-~ega~-exe~se-a-eens~e~en-p~e~ee~
eene~eee-es-e-een~ee~e~
emy-e~he~-use-w~e~seeYe~
~e-p~ens-e~-spee~ee~ems-e~-e-eemse~ue~em-~eb
w~heu~-~he-eensen~-e~-~he-ewne~-e~-h~s-~u~y
Dele:e s:~icken language; add unde:lined language.
hea~h~-&~seranee-er-werkmen~s-ee~pens~en-~aw~-e~
&nabi~i~-~o-pay-a~-eredi~ors-for-ma~eria~
furn&shed-er-werk-er-seev&ees-peefermed-½n-~he
epera~iem-ef-h&s-~siness-ie~-whieh-he-&s-~&eense~
hereunderv
Sv~v~v~ ,hid-er-abe~-an~un~ieensed-persen-~e~evade-~he
previsi~ms-o~-~his-dlvis½en-e~-a~ew-h½s-~ieense-te
he-~se~-by-am-~m~½eemse~-persem~-er-~e-ae~-as-am
agem~?-par~mer-e~-assee½a~e-el-am-~m~½eemse~-pers~m
wi~h-~he-½m~em~-~e-eva~e-~he-previsiens-e~-~his
ST6T~T~O Be-amy-~raa~a~em~-ae~-as-e-eem~rae~er-~-wh&eh
ane~her-is-suhsean~ia~y-im~e~T
ST6T~T~ ....... Fai~-~e-make-~ee~-fau~-werkmamsh&p-ebv~eus~y
performed-or-fau~y-ma~eria½s-e½vious~y-i~s~a~½e~
im-evas&em-e~-peefermamee-~-~he-eem~rme~-er
speei~iea~&ems-a~reed-~pem-~mder-~he-~erms-ef-~he
e~m~rae~?
eempam~-a~horize~-~-~-husimess-~m-~he-S~a~e-ef
F½or~da~-~he-~imi~s-o~-~iabi½i~y-~ms~ramee-re~ire~
hy-amy-e~her-app½ieab~e-[aw-er-au~her&~¥-havin~
~risd&e~enT-b~-no~-½ess-~han-ene-h~ndred
eeeurrenee~-and-ewen~y-five-~heusand-~e&½ars
S76~3 ....... Fai~ure-ee-f&~e-eer~iiiea~es?-si~ned-by-~he
~f-~he-e~n~rae~ersX-~ieensin~-Beard-shewin~-~he
eype-o~-po~iey'iss~edT-ehe-p~iey-numbe~?-~he-mame
'o6-~he-&nsurer~-~he-e6fee~ive-da~e-e6-~he-pe~iey~
daysZ-wr&~en-ne~!ee-by-mai~-~e-~he-seere~ar~-e6
~he-eon~rae~ersA-~ieensin~-Beard-ef-~he-&n~en~-~e
eanee~a~&en-oi-ims~aneeT-~he-seere~a~y-ef-~he
eem~rae~orsA-~ieensin~-Beard-sha½~-suspend-~he
Delete s~ricken lanquaqe; add underlined lan~a~e.
eere~E~ee~e-eff-eempe~eney-end-reper~=~he~ma~e~-~e
een~rae~or-by-~he-een~eekera~-~een~n~-B~ee~?
S.6.gv~6 ....... Fe~u~e-~e-appear-½R-pe~on-e~-~hreugh-a-au~y
eu~her½ze&-~ep~e~en~e~ve-e~-any-sehedu~ed-heee~Rg
Sv&vgv~B ....... ~ee~pe~e~ee-e~-neg~i~e~ee-in-ee~due~-~e~k-~hieh
5vSvgv~9 ....... ?ak½ng-a-qua~y½ng-exam-for-a~o~he~?
SvGvgv~o ....... £n~e~tng-in-~u~i~eas-due½m~-a-pee½od-ef-suspe~s~en?
Boa~d-~ay-~½e½a~e-d~se½p~½~ary-proeeed~-ege~na~
a-~eensed-eo~rae~e~. "'
sv$=e?e ........ An~-persem-who-be~ieves-~hee-a-eon~rme~o~-ho~din~-a
sec~e~a~-~e-ehe-eom~ree~e~s+-Eieensim~-Boa~-om-e
de½~ers-~Sse~ee~-~o-de~ra~-the-adm~mis~ee~em-eos~s
ef-~he-eemp~a~n~=--?he-eemp~a&nin~-parey-sha}}
s~e~e-wi~h-pe=eieu~er&~y-whieh-pe=~iem-e~-eh&s
ee~ie~e-hes-been-vie}mee&-By-ehe-eem~=me~er~--The
eemp}a&n~-ferm-she}}-~e-suBs~em~&e}~y-es-issuea-~y
ehe-een%=ae~e~-B½eens&m~-Supervise~--~pen-reeeipe
e~-a-eherge-ef-miseendue~-by-ehe-een~aeee=s
~icens&mg-eea~a-e~-a-privaee-pe=ey?-~he-~ui}&ing
mei}T-return-~eceip~-reques~ear-a-~e%~er-~e-~he
}&eensed-een~=ae~e=-et-his-½es~-knewm-edd=essr-as
shewn-~y-~he-~eee~&s-ei-~he-een~eee~ersz-B&eems½mg
Boe~dr-~nd~ee~ng~
sve?e=e~e ...... ?he-eime-e~-eemm½ssien-e~-~he-a~½e~ed-e~femse~
Delete stricken language; add underlined language.
~OOK
!i ~&~B~4 ...... ?~e-~a~eT-~me-an~-~eee-e~-W~e~-~e-~m~e~
.~ een~ee~o~-½s-~e-m~eer-befere-~e-~em~ae~e~s~
eveva~ .... ~ny-~er~-may-have-a-ec~e-re~o~e~-~esen~-a~-~e
hemr~n~-a~-h~s-own-e~pense~
E~eens~ng-Boa~-she~-be-res~oms~b~e-~er-am~
~,&,a~?e ...... ~he-hear~mg-meed-ne~-be-eemdue~ed-aeeerd~m~-Ee
eechn{ca~-ru~es-re~e~m~-ee-ev~demee-and-w~nesses~
~-~o-be-eom~e~en~-an~-re~aB~eT-re~ard~ess-o~-ehe
e~seence-o~-amy-eemm~n-½aw-er-s~e~u~ery~ru½e-wh~eh
m~h~-mc~e-~roper-~he-e~m~ss~om-e~-sueh-e¥~demee~
Hecrsay-e¥~denee-may~be-eaed-Eor-ehe-~ur~ose-o~
eEEece~Ye-~o-~he-scme-e~eemt-~ha~-ehe~-are-mew-or
herea~eer-ma~-be-reee~n~me~-~n-e~¥~-ae~ons~
e~e.e~s~ ...... Eech-~ar~-sha~-heve-ehe-r~h~-ee-ea~-em~-e~am{me
w~messes?-ee-~mere~uee-eNh~b~s?-~e-eress-e~am~me
op~os~n~-w~enesses-e~-any-ma~er-re~evan~-~e-~he
~ssues-eYen-~hou~h-~hat-me~er-was-neE-eovere~-~m
ehe-~ree~-e~em~nm~en?-eo-{m~eaeh-en~-w{~nesa
.eese~fy~-and-~e-rebu~-enY-ev~denee-ege~ns~-h~m~
S,e?8,4 ........ ~he-een~rme~ersz-E~eens~n~-Beer&-she~-ren&er-e
dee~s~on-upeR-~he-eemp½a~m~-w~h~n-f~ve-~S~-wor~ng
of-dec~s~onr-~he-eon~raceersz-E~eens~ng-Boar&-sha~
Delete stricken language; add underlined language.
f~nd~ngs?-eene~s~ens-en~-~spes~em-s~e½~-~e-~n
............... ~he-een~rae~e~-has-~e~-v½e½e~edT~he-~ellewi~
mec~ena-ef-O~dlnamce
and-~he-secre~ar~-~e-~he-Bcard-shei½?-wi~hin-f~Ye
~5~-werk½ng-de~s-af~er-~he-d½spesi~iea-ef-~he
~censed-een~ae~c~-an~-ee-ehe-eem~½a~aem~-~
Bicens&ng-Bee=d-mey-=eYeke-e-ee~=ae~e=as
eer~ifiec~e-e~-eempe~emeyr-sas~emd-e-eem~=a¢~e=*s
eer~&f&ea~e-ef-eemge~emey?-im~ese-any-}esse=
9ena}~y~-er-meNe-a-f&nding-~he~-~here-½s-ne-emase
s?~?a~e An~-d~sc~p~ne~-ae~en-eaken-~Y-ehe-een~a¢~e~s~
.Eieensin~-Beard-shaii-e~era~e-frem-~he-de~-ehe
de¢~s½on-is~rende~edv--~he-de¢isien-shai~-be
censidered-rende~ed-a~ee~-a-ma~e~i~-ve~e-b~-~he
een~rae~e~s*-Eieens½n~-Bee~d-½n-fave~-e~-saeh
ac~ion~-and-af~er-sach-dee~sien-is-redaeed-~e
Delete s~ricken language; add underlined lanOuaOe.
be-pum&shed-es-prov&ae&-by-~aw?--Eaeh-&ey-sueh
v&o~a~&on-eon~&flues-she~½-be-eons&de~e~-e-sepera~e
o~ense~
Sv~ve ........ ~he-B~ard-o~-eoum~y-eomm&ss&eme~s-may-~a~e-am2
reser~-~e-equ&~ab~e-ee~&em-as-&s-meeesse~¥-~e
prevem~-or-~o-remedy-amy-v&o~a~&em-o~-~h&s
Delete stricken language; add underlined lan~guage.
LDC pg. 6-1
SEC. 6.1.1 GENERALLY. In construction and interpretation of
the language of these regulations, the rules
established in this division shall be observed
unless such construction would be inconsistent with
the manifest intent of the Board of County
Commissioners as expressed in the Collier County .
Growth Management Plan, or an element or portion
thereof, adopted pursuant to Chapters 163 and 186,
Florida Statutes (1986) and Rules 9J-5 and 9J-24,
F.A.C. The rules of construction and definitions
established herein shall not be applied to any
express provisions excluding such construction, or
where the subject matter or context of such section
is repugnant thereto. These rules of construction
aDD1v.to this Land Development Code and to any
%~W.S. codes and rules adopted by reference that do
not have speci(ic rules of construction. If any
laW, code or rule. now or hereafter, 'adonted herein
~y reference, bas specific rules of construction.
~hose rules of construction shall supercede the
rules o[ construction contained in this Division to
~he extent o~ any SDcons~steDcv or' conflict wi~h
this Oiv~s%0~,
Delete stricken language, add underlined language.
LDC pg. 6-4
DIV. 6.3 DEFINITIONS.
Abutting Prooertv or Ad4acent ProDert¥~ Properties having a
boundary line or a portion of a boundary line in common with no
intervening public street, easement (excluding utilities) or
right-of-way. [See DIV. 3.2] For DurDoses of the Planned Unit
Development District onlY. the ter~s "contiGuous", "abuttin~
DroDertv" or "ad4acent DroDertv" shall include Properties
separated by either an intervening planned or developed PUblic
steer right-of-way: provided, however, no portion of such
separated properties shall be less than five ¢5) acres as se~
forth in Sec. 2.2.20.2.4.
Delete stricken language; add' underlined language.
LDC page 6-5
Amend, Div. 6.3, Definitions, by adding=
~dult DaY Care Center= AnY bui'ldin~ or buildinqs or other place.
whether operated for profit or not. which undertakes throuqh it~
ownershio or manaqemenet to provide for ~ paF~ of the twenty-four
(24) hour day. basic services to three (3) or more adults not
related to the owner;operator by blood or marriag~, who require
such services.
Delete stricken language, add underlined language.
LDC pg. 6-6
Agricultur~l Products: For the DurDoses of this code. a~ricultural
products 'are those products primarily resulting from permitted
agricultural activities in Section 2.2.2 of th~s Code. Such
agricultural Products require little or no Drocessin~ after the
prQduGtion or harvest sta~e in order to ready the Product for
sale. including but not limited to Produce. fruits, trees, shrubs,
orDamental, plants, honey.and nuts.
Delete the stricken language, add the underlined language.
LDC page 6-4
o V et o ·
4" e d a v
v o eta m act Stat men · d .
~: w v
u dc o a W :
o Protected c s: a e
'sted a e e te
e on Stat o ' d o ed v
species list. · . "'
dsto Ve etation : woo a ts w t u o em b
w o " a d u c e " e a e
tha th ee fee 3~ mind s usua 1 a subca .
a esources: C C u t 's va us o '
s' eo o ic a d o a c o e
a v Ve etatio : a ve u e e
· ed b acc te va ' c' ' c e c s
c a eat ent on n : ve s c v ' s a
u at'ohs a sa o e v e s t ' s
st u tu s o i tor'ca and o e
Ye et tion Ma : a d t u a w u
ve et ta o inc ud ve a o o 'b t b
~ d Use a d Cove C1 ss' ca tern
C S te 'nolo
~ ~ u s e d w
a a me t - Conse vat'o a asta na e e e
Delete the stricken language, add the underlined language.
STAFF SIDE SHEET
10/14/92
LDC pg. 6-10
DIV. 6.3
Modify Definitions as follows:
Care Unit: A residential treatment facility, other than a nursing
home, where, for compensationT (if applicable), persons ~
receive food, lodging and some form of on-site therapeutic care on
a daily basis. This type of care may involve psychiatric,
psychological, medical, physiological therapies, behavior
modification and other such services. This type of facility shall
contain fifteen (15) or more res~den%sT ~ plus
resident supervisors -
v d , and shall permit all of the list of uses as
permitted by Group Care Facilities (Category I and Category II
~i.e., adult congregate living facilities?~ foster care
facilities~l ' s 'a d s the developmentally
disabled a ~ '
7 as
~ crisis and attention careTi displaced adult careTi
homeless shelters?l mental ~ h~alth careTi .offender
halfway houses?i spouse abuse careT~ substance abuse 'careTi and
youth sheltersl). [SEE SEC. 2.6.26.] .
Words ~ are Added~ Words Stru=k-Th=ough are Deleted.
056 279
LDC 6-12
C ste Deve o ment: A design technique allowed within o_~
~ residential districts by conditional use. This form
of development employs more compact arrangement of dwelling units
by allowing for reductions in the standard lot requirements of
the applicable zoning district, with the difference between the
reduced lot size and the standard lot requirements being placed
in common open space. [SEE SEC. 2.6.27]
Delete stricken language; add underlined language.
Div. 6.3
Construction ActivitY: Any assembly, erection, substantial
repair, alteration, or similar action, for or on any public or
private right o~ wavo structures, utilities or simi~
Site Preparation: AnY clearing and ~radina, ewcavation and
vegetation removal activity for which a permit i~
required.
Delete stricken language; add underlined language.
LDC page 6-16
v d : Any order, permit, determination, or action
granting, denying, or granting with conditions an application for
any final local development order, building permit, temporary use
permit, temporary construction and development permit, sign
permit, well permit, spot survey, electrical permit, plumbing
permit, occupational license, boat dock permit, HVAC permit,
septic tank permit, right-Of-way permit, blasting permit,
excavation permit, construction approval for infrastructure
(including water, sewer, grading, paving), approved development
of regional impact (DRI), zoning ordinance amendment,
comprehensive plan amendment, flood variance, coastal
construction control line variance, ~=ee ~ removal
permits, a cu tu a e e ts, site development plan
approval, subdivision approval (inclQding plats, plans, variances
and amendments), rezoning, PUD amendment, certification,
conditional use (provisional use), variance, or any other
official action of Collier County having the effect of permitting
development as defined in this Code.
Delete stricken language; add underlined language.
Div. 6.3
DwellinG, Multiple-FamilY: A group of three or more dwelling
units within a single conventional building, attached side by
side, or one above another, or both, and wherein each dwelling
unit may be individually owned or leased, bu~-~he-}and-en-wh½ch
~he-B~&½~ng-~s-~eea~ed ~nitiall¥ on land which is under common
or single ownership.
For purposes of determining whether a lot is in multiple-family
dwelling use, the following considerations shall apply:
a. Multiple-family dwelling uses may involve dwelling units
intended to be rented and maintained under central
ownership and management, or cooperative apartments,
condominiums, and the like= and may include the fee
9wDership of land beneath each dwelling unit following
development from a common base of ownership,
and-ehe-Bu~½d~ngs-are-n~-s~-~s~ed-~ha~-~e~s-and-yerds
dwe}~ngs-&n-~he-~s~e~-eou½d-be-p~ev~dedT-~he-~e~
==b. Guest houses and servants' quarters shall not be
considered as dwelling units in the computation of
Subsection a b above.
~?c. any multiple-family dwelling in which dwelling units are
available for rental for periods of less than one week
shall be considered a tourist home, a motel, motor
hotel, or hotel, as the case may be, and shall only be
permitted in districts where specifically designated.
e?d. For the purpose of this Land Development Code, Time
Share Estate Facilities shall be considered as intended
primarily for transient occupancy and shall only be
permitted in districts where specifically designated.
Delete stricken language; add underlined language.
056 :283'
DIV. 6.3
Revise Definition for Dwelling Unit:
Dwelling Unit: A room or rooms connected together, constituting
a separate, independent housekeeping establishment for no more
than one (1) family,
en-a-week~yr-mon~h½~?-er-~en~e~-bes~s7 and physically separated
from any other rooms or dwelling units which may be in the same
structure. A dwelling unit must contains sleeping and sanitary
facilities and em~y-eme-~}~ a primary kitchen.
Add new definition:
Primary Kitchen: A food preparation area which contains ~
kitchen sink and a range or oven. f~eestandinG or built-in.
Delete stricken language; add underlined language.
STAFF SIDE SHEET
10/14/92
LDC pg. 6-20
Modify Definitions as follows: '
o==up½ed-by-no~-more-~han-s~x-~6~-~es~den~sT-p~us-sHpez, w~s~sT-and
ar aci t · t a b
u os u -
v ·
v t d'sa o s c
· s d ' b o
u' ut as · d
V O U abuse, e
· d b e uses ' e
te or use s a b b t
- a ' w ' u ' o '
V '
WO~ld S ' '
· . .
· W
' us d O O c ubst e
~ o US
Words ~ are Added; Words S%r~ek-Threugh are Deleted.
LDC page 6-21
Amendment to Division 6.3, Definitions, adding the following:
a t eve me m ·
to e w't s' o t u t e s es
ow se o' t w e ed
Delete stricken language; add underlined language.
STAFF SIDS
LDC pg. 6-23
DIV. 6.3
Modify Definitions as follows=
Group Care Facility= A type of facil h p
environment for seven (7) to fourteen (14) res½dents
care who operate as the functional equivalent of a family,
including such supervision and care by supportive staff as may be
necessary to meet the physical, emotional, and social needs of the
residents.
a. Category I: A Group Care Facility designed to accommodate
seven (7) to fourteen (14) eared-{o=-res&dents?
care. plus resident supervisors ~
0 - r d d st a ve Cod (i.e., adult
congregate living facilities~ · e
developmentally disabled ~
.0 · '
' e o s d. b~ 7
'da t es s d d' t ' a
de ~ed ' Sbu s t~ .4 5 . o ~ a e s
e' o ov ' o a
abuse. { [oster care facilities ~
b. Category II: A Group Care Facility designed to accommodate
5 ve 7 to ou eared-~o=-res~den~s7
care. plus resident supervisors e u t
- ~ . This type of
facility offers a higher level of personal and therapeutic
care than a Category I facility (i.e., crisis and attention
care, displaced adult care, homeless shelters, mental and
~ health care, offender halfway houses, spouse abuse
care, substance abuse care, and youth shelters).
[SEE SEC. 2.6.26.]
S
va b v ·
w et o
o - w w °' '
subs 'a a to o e ·
wo e e
U. Co e
Words ~ are Added; Words S~ruek-Th=ough are Deleted'.
" 287
LDC page 6-23
Amend the LDC Definitions section, Division 6.3, as follows:
Growth Manaqement Director er-eMP: The Growth Management D~rector
or his designee. [SEE DIV. 3.15]
Delete stricken language, add underlined language.
LDC page 6-27
Kenneling= An establishment licensed to operate a facility
housing dogs, cats, or other household pets o~ or the keeping of
more than three (3) dogs, six (6) months or older, on premises
used for residential purposes, or the keeping of more than two
(2) dogs on property used for industrial or commercial security
purposes.
Alley~ A public or approved private way which afford only a
secondary means of access to abutting proper%y ~ and
which is not intended for general traffic circulation.
Delete stricken language; add underlined language.
LDC pg. 6-36
~aintenance of Prg~e¢~e~ veg~t~o~= ~
trees, shrubs and woody aroundcover to ~aintain and promote
un fo m natu a owt e r s t ve o t s e ' . ye
U ' ' O de o a ~ ow a red~ced
' $ d w' ' w
Delete the stricken language, add the underlined language.
Add new definition:
o t
~..~
Delete stricken language, add underlined language.
LDC page 6-40
Amendment to Collier County Land Development Code, Div. 6.3,
D~~/I~, correcting the following reference:
- u : See
Dwelling~l~.
:i
Delete stricken language, add underlined language.
LDC pg. 6-47
~ ·
Delete the stricken language, add the underlined language.
LDC page 6-46
Amend the LDC, Div. 6.3, by adding the following definition=
~subdivfs~on: A cha~qe or ameDd~eP~ to an approved, recorded
subdivision plat if such chanqe (a) af~eGts any street layout
Sb0wn 9n such p~at. Cb) affects any area reserved thereon for
public use or (c) diminishes the size of anv lot shown thereon
and creates an additional buildin~ lot.
Delete stricken language; add underlined language.
LDC page 6-54
Amendment to Div. 6.3, Definitions, revising definitions of Wind
Sign, as follows:
Sign, Wind: Any sign or display including, but not limited to
flags, hammers, balloons, streamers and rotating devices,
fastened in such a manner to move upon being subject to pressure
by wind or breeze, but shall not include official flags, emblems,
insignias or pennants of any religious, educational, national,
state, or political subdivision. [SEE DIV. 2.5]
Delete stricken language, add underlined language.
LDC Page 6-54
Silviculture: The practice of Droducina a tree crop and manaqing
a parcel of land utilizina a Management Plan for continued crop of
trees, which practice mav include but shall not be limited to
leaving at least ten ¢10) larqe seed trees Der acre cleared.
replanting with seedlings, coDicing esDeciallv in the c~s~ of
cypress and/or artificial or natural seeding. Clearinq ~or th-
conversion to another use. such as conversion to row crops OF
clearing for development, even when the tree resource is utilize4
is not considered silviculture,
Delete the stricken language, add the underlined language.
LDC Pg. 6-60
'ii Yariance~ A relaxation of the terms of this Land Development
'~ Code where such variance will not be contrary to
~ the public.interest and where, owing to conditions
peculiar to the property and not the result of the
actions'of the applicant, a literal enforcement of
this Land Development Code would result in
unnecessary and undue hardship on the land. A
variance is authorized only for height, area, and
size of structure or size of yards and open spaces,
~ signs, and off-street vehicular
facilities ~~kg~__Establishment or expansion
of a use otherwise prohibited or not permitted
shall not be allowed by variance nor shall a
variance be granted because of the presence of
nonconformities in the land use district or
classification.
Delete stricken language, add' underlined language.
6-62
Revise paragraph $4 within definition of front yard.
Yard Front: The required open space extending across the entire
width of the lot between the front building line and street
right-of-way line. Where double frontage lots exist, the
required front yard shall be provided on both streets.
Where corner lots of record existed prior to the date of adoption
of Collier County Ordinance No. 82-2, which lots do not meet
minimum front yard requirements established in this Code, 1) only
one (1) full depth front yard shall be required, 2) all other
front yards shall be not less than fifty percent (50%) of the
otherwise required front yard depth, and the full depth front
yard shall be located along the shomter lot line along the
street.
In case of through lots, unless, the prevailing front yard pattern
on the adjoining lots indicate otherwise, a full depth front yard
shall be provided on all frontages. Where o~.e. of the front yards
that would normally be required on a'through lot is not.in
keeping with the prevailing yard pattern, the Development
Services Director may waive the requirement for the normal front
yard and substitute therefore a special yard requirement which
shall not exceed the average of the yards provided on adjacent
lots.
Depth of a required front yard shall be measured so that the yard
established is a strip of the minimum width required by the
district regulations with its inner edge parallel to the front
lot line. In the case of irregularly shaped lots, includinq
cul-de-sacs the depth may be measure at right angles to a
straight line joining the foremost points of the side lot line,
provided the depth at any point is never less than the minimum
ya~-requ~emen~ ~enqth of a staDdar~ parkina space as
established within Sec. 2.3,4 of this Code,
Delete stricken language; add underlined language.
LDC page 6-62, 6-63
Yard, Side: The required open space extending along each side
lot line between the rear lines of the required front yard and
the rear lot line, or.in the absence of any clearly defined rear
lot line, to the point on the lot farthest from the-rear line of
the front yard.
Where-~o~s-o~-re~or~-e~s~e~-~r~or-~e-%he-e~e¢%~we-da~e-o~
%he-m~n~m~m-s~de-yard-w½d~h-~equ~emefl~s-es~a~shed-~-~h~s
~ee~-~5~?- In the case of through lots, side yards shall extend
from the rear lines of required front yards. In the case of
corner lots, yards remaining after front yards have been
established on both frontages shall be considered side yards.
Delete stricken language; add underlined language.
LDC pg. B-4
Appendix B - Typical Street Sections and Right-of-way Design
Standards, Revisions to Commercial/Industrial Section:
Add revised Section on following page which addresses acceptable
alternatives to the minimum County standards agreed to by the
Transportation Services Administrator and the Project Review
Services Manager.
Delete stricken language, add underlined language.
LDC page 2-172
Add page 2-79A
Section 2.6.21.5 references an "Exhibit "A", but no such exhibit
is included in the LDC. A new page shall be added to directly
follow 2-172, to be paginated 2-172A and labeled Exhibit "A".
Delete stricken language; add' underlined language.
"
.:....~- ~. ?.~.2 .."· ' . .... . ..:..,' ..
:: ~L:,.... "::!::" ..' . '.";i:'..":. : ':: ......... '~" ';' :"::" ":'"":': " ----"' ' 10 O' WATERWAY---?,' ' '
:,.~.:. ~., .:., ~' .. , ·
LOT 1 , LOT
gO'
80' · OR
TYPICAL. . MORE
LOT 2 LOT 5
lESS . ~' ,/ ~ " '
iO' THAN ~ ' ~:~ m~ ,~'~
60'
, ' . ~ ,' .. ..~~ '
). .
..,. ..... . ......... ~::?...:~. · ..
'. .". ~ ..":~,.~ <,LOT. g :'
Amendments to Appendix A
Delete the stricken language,, add the underlined language.
Irrevocable Standby Letter of Credit A-2 to A-3
· Surety Bond A-4 to A-5
~ ~ Escrow Agreement (Construction and
i~. Maintenance) A-6 to A-9
Escrow Agreement (Maintenance) A-10 to A-12
Construction and Maintenance Aareement
of Subdivision Improvements for
Community Development Districts ~-13 to A-18
The following specimen forms are to be used as a guide to
preparation of bonding instruments which will be submitted
to the Collier County Board of Commissioners for
guaranteeing the completion of required improvements with
respect to this Code. Adherence to the forms will assure
an expeditious review by the DeveloPment Services-
Department and the Collier County Attorney's Office.
Deviation in substance or form from the suggested specimen
forms may result in a substantial delay or disapproval of
the bonding provisions for required improvements by the
Development Services Department or the County Attorney's
office. These specimen forms mav be revised from time to
time bY resolution of the Board of County Commissioners.
Delete stricken language, add underlined language.
CONSTRUCTION AND MAINTENANCE AGREEMENT
OF
SUBDIVISION IMPROVEMENTS
FOR COMMUNITY DEVELOPMENT DISTRICTS
THIS CONSTRUCTION AND MAINTENANCE AGREEMENT OF SUBDIVISION
IMPROVEMENTS FOR COMMUNITY DEVELOPMENT DISTRICTS (this
"Agreement") is entered into this day of
, 19 by and among , an
independent special district and body politic of the State of
Florida (the "District") , the
("Developer") and the BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA (the "Board").
RECITALS:
A. Simultaneously herewith, the Developer has applied for Board
approval of that certain plat of .the subdivision to be known
as
(the "Plat") .
B. Division 3.2 of the Collier County Unified Land Development
Code (the "Code") requires the District and the Developer to
provide certain guarantees to the Board ~n' connection 'with the
construction of the improvements required by the Pl~t.
C. The District and the Developer desire to pro'vide the required
guarantees to the Board hereby.
NOW, THEREFORE, in consideration of the foregoing premises and
the mutual covenants hereinafter set forth, the District, the
Developer and the Board do hereby covenant and agree as follows:
OPERATIVE PROVISIONS:
1. Reautred ImprovemeBts. The District will cause to be
constructed:
(colleCtively, the "Required Improvements"). Subject to Paragraph
3 hereof, the Required Improvements will be constructed within
thirty-six (36) months from the date that the Board approves the
Plat.
A-13
Delete the stricken language, add the underlined language.
056- :306
2. Security for Required Improvements. A construction fund
(the "Construction Fund") has been established by resolution of
the District adopted on , 19 (the "Bond
Resolution,,) from which the cost of construction of the Required
Improvements shall be paid. The Construction Fund shall be held
in the custody of a bond trustee (the "Trustee"). Proceeds of
bonds authorized to be issued by the District pursuant to the Bond
Resolution (the "Bonds") shall be deposited, at a minimum, in the
Construction Fund as follows: $ for costs of the
Required Improvements (the "Construction Amount") and $
representing ten percent (10%) of the Construction Amount (the
"Reserve Amount"). The Reserve Amount shall be retained as a
reserve in the Construction Fund pursuant to Paragraph 5 thereof.
In addition to the foregoing, proceeds of the Bonds shall be
deposited with the Trustee to be held as capitalized interest and
which, together with interest earned on the Bond proceeds
deposited in the Construction Fund, shall be sufficient to pay
interest on the Bonds during the (
) month period following the issuance thereof. In addition,
proceeds of the Bonds shall be deposited with the Trustee in the
Debt Service Reserve Account established by the Bond Resolution in
an amount sufficient to pay approximately
months of debt service on the Bonds. There shall be sufficient
monies in the construction fund to construct the required
improvements and all other improvements authorized by the Bond
Resolution, as well as to fund the Reserve. A~6nt.
3. Construction of Required Improve~p~.
(a) Annexed hereto and made'a part hereof as Exhibit A
is a Construction Schedule relating to the Required Improvements
(the "Construction Schedule"). The District shall commence
construction of the Required Improvements within
(~) days following written construction approval to the
District from the Development Services Department and the
issuance, sale and delivery of the Bonds (the "Commencement
Period',). The District will pursue construction of the Required
Improvements to substantial completion within (
) months following the end of the Commencement Period (the
"Construction Period").
(b) In the event the District fails to: (i) commence
construction of the Required Improvements within the Commencement
Period; or (ii) substantially complete construction of the
Required Improvements prior to the expiration of the Construction
Period, upon written notice to Developer by the Board, Developer
shall immediately become responsible for the construction of the.
Required Improvements. .The obligation to construct the Required
Improvements within the Construction Period shall be a joint
obligation of both the District and the Developer.
A-14
Delete the stricken language, add the underlined language.
4 Board's Preliminary Acceptance of Required Improvements.
The Board shall not consider the Required Improvements complete
until a statement of completion by the District's or Developer's
consulting engineers, together with the final project records
related thereto, have been furnished for review and approval to
the Development Services Director of Collier County, Florida (the
"Director") for compliance with the Code. Within sixty (60) days
of receipt of the statement of completion from the District, the
Director shall submit his recommendations concerning the Required
Improvements to the Board. Upon the Board's receipt of the
Director's recommendations, the Board shall, within thirty (30)
days thereafter, either (a) notify the District or Developer, in
writing, of its preliminary acceptance of the Required
Improvements (the "Preliminary Acceptance"); or (b) notify the
District or Developer, in writing, of its refusal to preliminarily
accept the Required Improvements, therewith specifying those
conditions that the District or Developer must fulfill in order to
obtain the Board's Preliminary Acceptance of the Required
Improvements. In no event shall the Board refuse Preliminary
Acceptance of the Required Improvements if they are constructed
and submitted for approval in accordance with the requirements of
this Agreement.
5. Maintenancg and Reserve Amount. The District or Developer
as the case may be shall maintain all Required Improvements for a
minimum of one year after Preliminary Acceptance by the Board; as
soon as practical after the one year mainten~.n~e period by the
District or Developer has terminated; the Development Services
Director shall inspect the Required Improvements and, if found to
be still in compliance with the Code as reflected by final
acceptance by the Board (the "Final Acceptance"), the District's
responsibility for maintenance under this Agreement of the
Required Improvements shall terminate; otherwise, the District's
responsibility for maintenance generally shall continue until
Final Acceptance by the Board. Sums equal to the Reserve Amount
shall be maintained by the Trustee on deposit in th~ Construction
Fund until the Final Acceptance of the Required Improvements. The
Board shall reflect its acknowledgement of such finding by
notifying the District, in writing, of its final acceptance of the
Required Improvements (the "Final Acceptance"). Upon receipt of
notice of such Final Acceptance, the District shall no longer be
required under this Agreement to maintain the Reserve Amount on
deposit in the Construction Fund. In the event that during the
Inspection Period the Director finds that all or some portion of
the Required Improvements are not in compliance with the Code, the
Director shall promptly specify, in writing, to the District those
deficiencies that must be corrected in order to bring the Requi~ed
Improvements into compliance with the Code. The District shall
apply the Reserve Amount to payment of the cost of correcting such
deficiencies. In the event the District fails to pursue such
corrective action, the Developer shall bring the Required
A-15
Delete the stricken language, add %he underlined language.
,oo
Improvements into compliance with the Code. Upon correction of
the specified deficiencies, the Director shall again inspect the
Required Improvements and if found to be in compliance with the
Code, shall submit such findings to the Board for its Final
Acceptance thereof.
6. at co a . The Board acknowledges that this
Agreement is a "Construction and Maintenance Agreement of
Subdivision Improvements" within the meaning of, and meeting the
requirements established by, Division 3.2.9 of the Code. The
parties acknowledge and agree that following the Board's approval
of the Plat:
a. The Developer shall not be entitled to record the Plat
until the Board receives:
(1) Written notice from the Trustee that sums at least
equal to the Construction Amount and Reserve Amount
are on deposit in the Construction Fund (the
"Trustee Notice");
(2) Written notice from District and the Trustee that:
(a) the project for which bond proceeds have been
received by District includes the Required
Improvements;
(b) such Bond proceeds are sufficient to'finance
the Required Improvements as well as all other
improvements to be financed by the Bonds
(collectively "the Project") and to fund the
Reserve Amount. The Trustee's representation
that funds are sufficient to finance the
Project for whcih Bond proceeds have been
received as well as to fund the Reserve Amount
is based upon the District ~ngineer's
estimation of construction costs; and
(c) the Project can not be amended or changed
without the consent of the Board (the "Project
Notice");
(3) A representation and warranty from the District that
all governmental permits to enable the District to
commence construction of the Required Improvements
have been obtained ("Permit Warranty"); and
b. Upon ~eceipt by the Board of the Trustee Notice, Project
Notice and the Permit Warranty, Developer shall be entitled to
A-16
Delete the stricken language, add the underlined language.
record the Plat without further condition, other than payment of
any related recording fees established by applicable law and the
execution of the Plat by all required parties.
7. ~. The County shall have no liability whatsoever
to the bond holders. Neither the enforcement of the terms of this
Agreement by the County nor the failure to enforce such terms
shall create any liability whatsoever to the bond holders, the
District, or the Developer. Any disclosure document prepared by
the District or Developer in the offering of such Bonds shall
provide a statement as described above relating to'the lack of
liability of the County.
8. ~. All of the terms, covenants and
conditions herein contained are, and shall be, binding upon the
respective successors and assigns of the District, Developer and
Board. By execution below, the Trustee shall evidence its
acknowledgment of and assent to the matters addressed herein. Any
notice, demand, request or instrument authorized or required to be
given or made hereby shall be deemed to have been given or made
when sent by certified mail, return receipt requested, to the
appropriate party at their address set forth below:
To the District:
To the Developer:
To the Board: c/o County Manager
Collier County Complex
3301 East Tamiami Trail
Naples, Florida 33962
With a Copy to : Collier County Attorney
Collier County Complex
3301 East Tamiami Trail
Naples, Florida 33962
To the Trustee:
A-17
Delete the stricken language, add the underlined language.
IN WITNESS WHEREOF, the District, the Developer and the Board
have caused this Agreement to be executed by their duly authorized
representatives as of this day of _, 19__.
SIGNED, SEALED AND DELIVERED DISTRICT:
IN THE PRESENCE OF:
ATTEST:
By:__
District Secretary Its:
DEVELOPER:
w---i-~-ness
DEVELOPER:
By:.
~l-E~ess Its:
ATTEST: BOARD: -'-
J;kMES C. GILES, Clerk
BOARD OF COUNTY COMI~ISSIONERS OF
By: COLLIER COUNTY, FLORIDA
By:
MICHAEL J. VOLPE, Chairman
Approved as to form and
Legal Sufficiency:
County Attorney
Acknowledged and assented to:
as Trustee under the within-mentioned
Bond Resolution
By:
Its:
Date:
A-18
Delete the stricken language, add the underlined language.
TY~O~33~KXCAL ~oas'
Vol.,A-
Staff Side Sheet
TYPOGP~PHICAL ERRORS
SEC. 2.1.3 ZONING DISTRICTS ESTABLISHED. In order to carry out and
implement the Collier County Growth Management Plan and
the purposes of this Code, the following zoning
districts with ther applicable symbols are hereby
established:
Golf Course District (GC) ·
Rural Agricultureal District (A)
Estate~ District (E)
Residential Single Family-1 District (RSF-1)
Residential Single Family~2 District (RSF-2)
Residential'Single Family23 District (RSF-3)
Residential Single Family-4 District (RSF-4)
Residential Single Family-5 District (RSF-5)
Residential Single Family-6 District (RSF-6)
Residential Multiple Family-6 District (RMF-6)
Residential Multiple Family-12 District (RMF-12)
Residential Multiple Family-16 District (RMF-16)
Residential Tourist District (RT)
Village Residential District (VR)
Mobile Home District (M~)
Travel Trailer-Recreational Vehicle Campground District
CTTRVC)
Commercial Professional/Transitional District
Commercial Convenience District (C-2)
Commercial~Intermediate District'(C-3)'
General Commercial District (C-4)
Heavy Commercial District .(C-5)
Industrial District (I)
Conservation District (CON)
Public Use District (P)
Community Facilit~es~ District (CF)
Planned Unit Development District (PUD)
Corridor Management Overlay District (CMO)
Mobile Home Overlay District
Airport Overlay Districts (APO)
Special Treatment Overlay District (ST)
Historical and Archaelogioal Sites Desianatton (H)
SEC. 2.1.14.3 Where ~he phrases "commercial districts", "zoned
commercially", "commercially zoned", "commercial
zoning", or phraseology of similar intent, are used
in this Zoning Code, the phrases shall be
constructed to include: C-l/T, C-2, C-3, C-4, C-5,
TTRVC, and commercial components in PUDe.
SEC. 2.2.1.2.2 (2) Recreational facilities that ser~e as an
integral part of the permitted use, including
but not limited to ct~b-hemse clubhouse,
community center building, practice driving
range, shuffleboard courts, swimming pools and
tennis facilities, snack shops and rest rooms.
Staff Side Sheet
TYPOGRAPHICAL ERRORS
SEC. 2.2.1.4.4 Maximum Rei~ht. Thirty-P~ive feet
SEC. 2.2.1.4.10 ~ The maximum height of lights shall be
twenty-five feet (25~) ~ee% except as otherwise
provided for during the review and approval of a
site development plan. Lights shall be located and
designed so that no light is aimed directly toward
property designated residential, which is located
within two hundred feet (200t) of the source of the
light.
SEC. 2.2.2.2.2 (4) (b) A buffer yard of not less than
one hundred fifty feet (150') in width
shall.be p[~vided along each boundary of
the site' which abuts any residentially
zoned or. used property, and shall contain
an Alternative B type buffer as defined
within Div. 2.4 of this Code. Such buffer
and buffer yard shall be in lieu of front,
side, or rear yards on that portion of the
lot which abuts those districts and uses
identified in Seet~em Sec.
2.2.2.2.2~(4) (a).
SEC. 2.2.2.2.2 (8) USe of a mobile home as a temporary residence
while a permanent single=family dwelling is
being constructed, subject to the following=
SEC. 2.2.2.3 (14) (b) The Plant ~s no grab%er than sixty
feat ¢60'% in height and any material
storage silos accessory to the Plant are
no greater'than ninety ~9e~ feet ¢90'~ in
height;
SEC. 2.2.2.3 (1) (c) The es~th-m½n~ earthmin[n~ facility used
by the Plant *s-se%beak shall maintain a
minimum yard o~ at least five=hundred
Tseef feet¢500'l fr~m the any property
line.
SEC. 2.2.2.4.1 Minimum Lot Arq~, F[ve ~5~ acres.
SEC. 2.2.2.4.2 Mintmum Lot Width. One hundred en~ sixty=five feet
(165').
SEC. 2.2.2.4.3 Minimum Yard, Reauirements.
SEC. 2.2.2.4.4 M~n~mum Floor Area. F~ve Hhundred and P~ifty (550)
square feet for single=family dwelling units.
Staff Side Sheet
TYPOGa~%PRICAL ERRORS
SEC. 2.2.3.2.2 (6) Recreational' facilities that serve as an
integral part of a residential development and
have been designated, reviewed and approved on a
site development plan or ~ subdivision
Bss~eF-pEan Dlat for that development.
SEC. 2.2.3.4.3 (1) ~9~Seventy:five feet (75t).
'SEC. 2.2.3.4.3 (2) ~[9_yard. Thirty feet (30t) except for legal
non-conforming lots of record which shall be
computed at the rate of ten ~E9%~ percent ~10%~
of the width of .t~e lot not to exceed a maximum
requirement of thirty ,~9a~ feet ~30'~.
SEC. 2.2.3.4.3 (3) ~Seventylfive feet (75t).
'SEC. 2.2.4.2.2 (4). Recreational facilities that serve as an
integral part of a residential development and
have been designated, reviewed and approved on a
site development plan or ~ subdivision
nas~eF-pEam Dlat for that development.
SEC. 2.2.5.2.2 (3} Recreational facilities that serve as an
integral part of a residentiaI development and
have been designated, reviewed and approved on a
site development plan. o=~ subdivision
nas~eF-p~an ~ for that development.
siztv 17,2601 square feet for each dwelling unit·
SEC. 2.2.5.4.2 ~~ ~ee feet
SEC. 2.2.5.4.3 (1) Front Yard= Thirty-F~ive ~3S~ feet (35'~.
SEC. 2.2.5.4.3 (2) Side Yard: Fifteen ,~S~
SEC. 2.2.5.4.3 (3) Rear Yard= Thirty ~Pe~ feet;30'~.
SEC. 2.2.6.2 Pe,~nL~AsL~_~,es~The following uses ars permitted as
of right, or as uses accessory to permitted uses,
in the Residential Multiple Fem~y--~ ~
District ,RMP--~R~ ~.
SEC. 2.2.6.2.1 (1) Multiple:family dwellings.
SEC. 2.2.6.2.2 (1) Uses and structures that are accessory and
incidental to uses permitted as of right in the
RMP--*~ RMF-12~istrict.
Staff Side Sheet
TYPO(]RA~HICAL
~SEC. 2.2.6.2.2 (3) Recreational facilities that serve as an
integral part of a residential development and
have been designated, reviewed and approved on a
site development plan or preliminar~ subdivision
mes~e=-plan plat for that development.
SEC. 2.2.6.4 ~i~ensional Standards. The following dimensional
standards shall apply to all ps,mitred, accessory,
and conditional uses in the Residential )galtiple
Pem&~y--~ Family-12 District ~RMP--~ CRMF-12~.
'' SEC. 2.2.7.1 ~UrDOSe and Intent...The purpose and intent of the
Residential Multipl~'Pam~y--~6 Family-16 District
(RMF-16) is to provide lands for medium =o high
density multiple~family residences, generally
surrounded by open space, located in close
proximity to public and commercial services, with
direct or convenient access to arterial or
collector roads on the County major road network.
Governmental, social, and institutional land uses
that serve the imm~diate needs of the
multiple-family residences are permitted as
conditional uses as long as they preserve and are
compatible with the medium to high density
multiple~family character of the District. The
~RMP--}6~ l~MF-16 District .,-. ....
SEC. 2.2.7.2 Permftted Uses. The following uses are permitted as
of right, or as uses accessory to permitted uses,
in the Residential Multiple Fem~y--~6 Family-16
District ~RMP--~6~ CRMF-16}.
SEC. 2.2.7.2.1 (1) Multiple~family dwellings.
SEC. 2.2.7.2.2 (1) Uses and structures that are accessory and
incidental to uses permitted as of right in the
RMP--~6 RMF-16 District.
SEC. 2.2.7.2.2 (3) Recreational facilities that serve as an
integral part of a residential development and
have been designated, reviewed and approved on a
site development plan or Drelim~nary subdivision
mas~e~-~a~DJ, at for that development.
SEC. 2.2.7.4 Di~ensional Standards. The following dimensional
standards shall apply to all permitted, accessory,
and conditional uses in the Residential
Multiple PomE~y--E6 Family-16 District
SEC. 2.2.7.4.2 Minimum Lot Width. One hundred an~ fifty feet
(l~0').
Staff Side Sheet
TYP~RAPHICAL ERRORS
SEC. 2.2.7.4.3 Minimum Yard Reauiremente. Thirty~P~lve feet
SEC. 2.2.7.4.4 Maximum Hetoht~ Seventy~five feet
SEC. 2.2.7.4.5 M~ximum DensitY. Actual maximum density shall be
.. determined through application of the Density
Rating System established in the Collier County
Growth Management Plan, not to exceed six, sen (16)
' dwelling units for each aross acre.
SEC. 2.2.8.2.1 (2) Multiple~family dwellings.
SEC. 2.2.8.2.2 (1) USeS and structures that are accessory to the
uses permitted a~fof right in the ~RT~ District.
SEC. 2.2.8.2.2 (4) Recreational.facilities that serve as an
integral part of the permitted use designated on
a e~te development plan or
subdivision ~as~e=-p}en plat that has been
previously reviewed and approved, which may
include but are not limited to golf course,
clubhouse, community center building and tennis
facilities, parks, playgrounds and playfields.
SEC. 2.2.8.3 (7) Permitted uses not to exceed one hundred
twenty-five fee~ 1125'~ ~ee~ in height.
SEC. 2.2.8.4.2 ~[mimum Lot Width. One hundred a~ fifty feet
SEC. 2.2.8.4.3 Minimum Yard Reuuirements. Fifty-five percent (55%)
ps=sent of the building height with a minimum of
twenty ~8z~ feet ¢20t~.
SEC. 2.2.8.4.4 Maximum Heioht. Ten (10) stories or one hundred
~ee~ feet ~100'~, whichever is greater.
SEC. 2.2.8.4.5 Maximium Density Permit~ed. A maximum of twenty~six
(26) units per acre for time shares and
multi-family when located within an Activity Center
or if the RT zoning ~s in existence at the time of
adoption of this Code.
SEC. 2.2.8.4.7 Minimum Floor Area ~eauireme~ts.
SEC. 2.2.8.4.7.1 Five hundred (500) square foot minimum for time
share facilities. Requirements for multiple
family, efficiency - four hundred fifty (450)
square feet; 1 bedroom - six hundred (600~)
square feet; 2 bedroom or more - seven hundred
fifty (750) square feet.
Staff Side Sheet
','" TYPOGRAPHICAL ERRORS
"~' '' '~ SEC. 2.2.8.4.10 LandscaD~n~ Requirements. As required in Div. 2.4.
SEC. 2.2.9.2.1 (3) Multiple:family dwellings.
SEC. 2.2.9.2.2 (3) Recreational facilities that serve as an
integral part of a residential development and
have been designated, reviewed and approved on a
site development plan or preliminary subdivision
mes~er-p~sn Dlat for that development.
Recreational facilities may include but are not
limited to golf cpurse, clubhouse, community
.4 center building ~6d tennis facilities, parks,
playgrounds and playfields.
~ ·
SEC. 2.2.10.2.2 (3) Recreational ~acilities that serve as an
· ~~.,.~, integral part of a residential development and
have been designated, reviewed and approved on a
.,~.... site development plan or preliminary subdivision
.i' ,~. mas~e=-p}an Dlat for that~development.
S~C. 2.2.10.2.2 (4) One (1) singlezfamily dwelling in conjunction
with the operation of the mobile home park.
SEC~ 2~2.10.4.3.1 Front Yard. Twentylfive feet (25') except when
_. adjacent to public roads"e~ternal to the
-- boundaries of the project, fifty feet (50').
SEC~ 2.2.10.6 Reuuirements and Standards for Hurricane Shelters.
~ ..... All new, or existing mobile home subdivisions in
the process of expanding, which are twenty-six
""i .. units or larger in size and are located in
:'T--..-'. v--' e~ategory 1, 2 and 3 hurricane vunerability zones
as specified in the current National Oceanic and
Atmospheric Administration~s Storm Surge m~odelA
~own as ~a. Lake and Overland Suraes from
Hurricanes (SLOSH), shall be required to provide
.~ emergency shelters.
~C2~2~10.6.2 Shelter' Elevation. The shelter shall be elevated to
: ........ a minimum height equal to, or above, worst case
-. a -,~- Category 3 flooding level (+16 feet above
.' ..... utilizing the current National Oceanic and
Atmospheric Administration's Storm Surge Hodel~
known as Sea. Lake and Overland Suraes from
..... Hurricanes "£SLOSHI".
SEC.--2.2.10.6.4 (17) any required shelter space as herein
...... · ' provided may be equally designed to
incorporate the above requirements and to
.. serve a double purposes for the day-to-day
't needs'of mobile home park residents as
· . part of the common amenities regularly
.. available to park residents.
Staff Side Sheet
~' TYPO(]~WPHICAL ERRORS
SEC. 2.2.11.1 ]~Ar~The provisions of this district
.~ are intended to apply to trailer lots for travel
trailers, park model travel trailers and
recreational vehicles, not exceeding ~
~LghJlX14801 square feet in gross floor area. Such
trailer.lots ara intended to accommodate travel
trailers, park model travel trailers, pick-up
coaches, motor homes, and other vehicular
· accommodations which are suitable for temporary
· habitation, used for travel, vacation, and
recreational purposes. Campsites are intended to
accommodate temporary residency while camping,
vacationing or recr~ting. TTRVC vehicles may be
permanently located:bm a lot~ however, no person or
persons may occupy said vehicles as permanent
places of residence. The maximum density
permissible in the Trave~-Trai}eF-ReeFea~iena~
Veh~e½e-eampgFe~nd TTRVC District within the Urban
Mixed Use land use designation shall be g~ided, in
part, by the Density Rating System contained in the
Future Land Use Element of the Collier County
Growth Management Plan. The maximum density
permissible or permitted in a district shall not
exceed the'density permissible under the Density
Rating System. The maximum permitted density
permissible in the TTRVC District within the
Agricultural Rural District.of the Future Land Use
Element shall be one //l-u~i~ per fivl~ acres.
SEC. 2.2.11.2.2 (2) One (1) singlelfamlly dwelling (not a TTRVC
unit) in conjunction with the operation of the
TTRVC park.
SEC. 2.2.11.2.2 (4) (1) Enclose~ utility/storage area of the same
siding material as that of the associated
recreational vehicles, ~ot to exceed an
area of sixty (60) square feet. Any
utility/storage area shall be located
adjacent to its associated recreational
vehicle and made a continuous part of a
screened-in porch where such perth is
attached to the vehicle as herein
provided.
SEC. 2.2.11.2.2. (4) (2) A screened-in porch elevated or at ground
level with a solid roof structure,
architecturally compatible with its
associated recreational vehicle, not to
exceed an area equal to the area of the
recreational vehicle to which it is
attached.
~"' Staff Side Sheet
.. TYPO~RAPHIC~I~ ERRORS
': SEC. 2.2.11.2.2. (5) Campgrounds containing ~De hundred
spaces or more shall be permitted a
convenience commercial facility no greater
than fifteen thousand ¢15.000) square feet
· " ~5799e~ in total land area. This
facility shall provide for the exclusive
sale of convenience items to park patrons
only, and shall present no visible
evidence of their commercial character,
including signage and lighting, from any
public or private street or right~of~way
external t0fthe park.
SEC. 2.2.11.3 (1) camPing e~abl~s subject to the following=
Standards~
SEC. 2J2.11.3 (1) (a) One ¢1~ e~amping ~abin per approved TTRVC
Blot.
SEC. 2.2.11.3 (1) (b) The maximum number of e~amping etabin
Blots in ~ny one fl~ TTRVC PRark shall be
ten percent (10%) of the total number of
approved TTRVC Blots, not to exceed a
total number of twenty (20) e~amping
e~abin Blots.
SEC. 2.2.11.3 (1) (c) Maximum floor area of T~wo hundred and
twenty (220) square feet.
SEC. 2.2.11.3(1) (e) Camping e~abins may not be designed as a
permanent residence, however, tie downs or
other safety devisees may be used in order
to provide security against high winds.
SEC. 2.2.11.3 (1) (f) Camping e~abin~ mus~ be constructed of
natural wood materials such as logs,
redwood, cedar, or cypress in order that
it may blend harmoniously into the natural
' landscape character normally found in am
TTRVC or camp-ground setting.
SEC. 2.2.11.3 (1) (g) The general development standards required
for the TTRVC park shall be applicable to
the e~amping e~abins Blots.
SEC. 2.2.11.3 (1) (i) At least one fl~room of the camping cabin
must have a minimum of one hundred
fifty (150) square feet of floor area.
':": Staff Side Sheet
~'. TYPOGRAPHICAL ERRORS
· ~ SEC. 2.2.11.3 (1) (J) If e~amping e~abins are to be located in a
' flood hazard zone as delineated on the
most recent Flood Insurance Rate Maps, all
requirements cf Collier County's Flood
Damage Prevention Ordinance must be met.
SEC. 2.2.11.3 (1) (k) A party shall be allowed a maximum length
cf stay cf two (2) weeks in a ~amping
e~abin.
SEC. 2.2.11.4 Dimensional Standards. The following dimensional
standards shall apply to all permitted, accessory,
and conditional uses in the
Travel-Tra£1er-Recreational Vehicle Campground
District (TTRVC).
SEC. 2.2.11.4.2.1 T~o thousand and eight hundred (2,800) square
feet for travel trailer and park modal lots.
SEC. 2.2.11.4.2.2 One thousand and eight hundred (1,800) square
feet for campsites lots.
SEC. 2.2.11.4.4 M~nimu~ Yards Reaufremen~s (Principal and ~ccessor~
Structures).
SEC. 2.2.11.4.4 (4) From exterior boundary ~.PRark. Fifty-feet
(~o').
SEC. 2.2.11.4.7 (2) One hundred fifty.(l~0) square'feet for each lot
or desEg~ed desianated space in excess of one
hundred (100) lots or spaces~
SEC. 2.2.12.1 Purpose a~d Intent. The provisions of this district
are intended to apply to areas located adjacent to
highways and arterial roads. The C-1 Commercial
Professional/Transitional District is intended to
permit those uses which minimize pedestrian and
vehicular traffic. Landscaping, controlled ingress
and egress, and other restrictions are intended to
minimize frequent ingress and egress to the highway
from abutting uses. The C-1 District is designed.
to be compatible with all residential usesA as well
as residential uses located along arterials. This '
district is also intended to apply to those areas
that are transitional, located between areas of
higher and lower intensity development that are no
longer appropriate for residential development:
· The uses in this district are intended as an
alternative to retail and meet the intent of the
c-1 Commercial Professional/Transitional District.
Those areas identified em as transitional (T) Shall
be further noted on the zoning atlas as C-1/T.
Staff Side Sheet
TYPO(~RAPHZCAL ERRORB
SEC. 2.2.12.2.1 (5) Group Care Facilities (Category I and II); Care
Units; and Nursing Homes~A subject to Sec.
2.6.26.
SEC. 2.2.12.3.6 (d) Residential dwelling units are located above
p~ne~p~e ~ uses;
SEC. 2.2.12.4.2 ~lJ~~~One hundred feet (100')
SEC. 2.2.12.4.3 (1) ~ A~enty=five fee=
SEC. 2.2.12.4.3 (2) ~ A Fifteen feet (15').
SEC. 2.2.12.4.3 (3) ~ A Fifteen feet (15')
SEC. 2.2.12.4.~ (4)
~en2y=five fee2
SEC. 2.2.12.4.4 ~ Thirty=five feet
(35').
SEC. 2.2.12.4.5 ~ One
thousand (1,000) sqv-~ ~ for each
building on the ground floor.
SEC. 2.2.12.6.2 ~ ~enty=~ve thousand (25,000)
s~are fee=.
SEC. 2.2.13.3 (1) (d) Residential dwelling units are loca2ed
above pr*,e~p~e ~uses;
SEC. 2.2.~3.4.2 ~O.e ~nUred end f~fty feet
SEC. 2.~.~3.4.2 (~) ~ ~en~y:f~ve feet (25*). (2) ~~enty:f~ve fee=
(2) ~~e~ty:f~ve fee= (25*).
(4) ~y y~ard eAbu~ting a F~es~den~al p~arcel. A
minim~ of fifty Se feet ~.
SEC. 2.2.13.4.4 ~ Thirtylftve feet
SEC. 2.2.14.3 (d) Resid~tial dwelling units are located above
SEC. 2.2.14.4.2 ~ Seventylfive feet (75~). .
TYPO~RAPHI CAL ~::RRORB
SEC. 2.2.14.4.3 (1) Front Yard A Twentylfivs feet (25~]. (2) ~ ~ Fifteen feet
(3) Rear Yard ~ Fifteen feet (15t}.
(4) Any vYard ~Abuttin= a ~Res~dent~al ~Parcel.
~en~ylfive feet (25~).
(5) WaterfronC. ~enty~five fee~ (25~).
SEC. 2.2.14.4.5 Minim~ Floor Area o~ P~m~e' ~
S~cture. One ~ousand (1,000) s~are feet for
each building on the ~ound floor.
SEC. 2.2.15.1 ~ose and Intent._.;'~e p~ose and intent of the
General Co~ercial Distric= (C-4) is to concentrate
co~ercial development a~ ~a intersections of
arterial roads on the County's major road network
where traffic ~mpacts can readi%y be acco~oda~ed,
to avoid str~p and disorgan~zed patterns of
co~ercial development, and to crea~e co~ercial
centers w~th~n Collier County where co~erc~al
development can benefit f~ ~ prox~mity to other
co~erc~al centers.
SEC. 2.2.15.2.1 (1) Unless othe~se, provide~ for ~n th~s C~e, all
pe~itted uses ~n the C-3 Co~erc~al
Inte~ed~a~e D~str~ct.
SEC. 2.2.15.2.2 (1) Uses and st~ctures tha~ are necessa~ and
inc~dental to tbs uses ~tted as a ~ r~ght
~n the C-4 Dist~cC..
SEC. 2.2.15.3 (8) Hotels and Hotels.(groups 7011, ~021, 7041 when
located outside and Activity Cen~er)
SEC. 2.2.15.4.3 (1) Front Yard. ~enty~five fee~ (25~), plus one
foo= (1~) for each one foot (1~) of building
height over f~fty feet (50~).
SEC. 2.2.15.4.3 (4) ~v ~Yard aabutt~n~ a ~Res~dent~al ~Parcel.
~entylfive fee= (25~).
SEC. 2.2.15.4.3 (6) Waterfront. ~entylfive feet (25~).
SEC. 2.2.15.4.~0 H~n~a~ ~ndscap~ng. ~ red,red .~n Div. 2.4.
SEC. 2.2.15 1/2.2.1 (17) outdoor Storage Yard, provided outdoor
storage yard shall not ~ located closer
than twenty-f~ve feet ~25~% to any public
street and that such yard shall be
completely enclosed, except for necessa~
ingress and egress, by an opals fence
wall not less than s~x feet (6~} high, or
e~alent landscaping or
thereof, and provided further that
~' TYPO~RA~RICAL
provision shall not permit wreckinq yards,
-: Junk yards, or yards used in whole or in
part for scrap or salvage operations or
for processing, storage, display, or sales
of any scrap, salvage or sesend-ha~d
· ~ building materials, Junk
automotive vehicles, or seea~d-he~d
~ automotive yehicle parts.
SEC. 2.2.15 1/2.3 (3) (a) All areas and surfaces readily accessible
to children shall be free of toxic
substances and hazardous materials. This
shall include all adjacent and abutting
properties' lying within~
15001 feet of the Child Care Center's
nearest'property line.
SEC. 2.2.15 1/2.3 (3) (a) (1} (a) Hazardous Materials - A material
that has any of the following
propertiesFl ignitable,
'corrosive, reactive, end,or
~ toxic.
SEC. 2.2.15 1/2.3 (3) (b) It shall not be located within f~ve
~£500'1 feet of the nearest
property 1.ina of land uses encompassinq
wholesale storage of gasoline, liquefied
petroleum, gas, oil, or other flammable
liquids or gases.
SEC. 2.2.15 1/2.3 (3) (d) It shall have a minimum lot area of twenty
~ I20,0001 square feet and a
minimum lot width of ~
ll00'l feet.
SEC. 2.2.15 1/2.3 (3) (e) It shall provide a ~lnimum usable open
space of no less than ~130%1
of the total square footage of the lot
area.
SEC. 2.2.15 1/2.3 (3) (f) It shall provide that all open spaces to
be used. by children will be bounded by a
fence of no less than fl~e feat ~5'} in
height, to be constructed of wood, masonry
or other approved'material.
SEC. 2.2.15 1/2.3 (3) (h) It shall comply with the State of Florida?
Department of Health and Rehabilitative
Services Child Care Standards, Florida
Administrative Code, Chapter 10H-12,
~ffective March 11, 1986.
SEC. 2.2.15 1/2.3 (12) Permitted uses with less than
il,0001 square feet off gross floor area in
the principal structure.
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SEC. 2.2.15 1/2.4.3 (1) ~l~Y~r~ Twenty~five feat (25~), plus
one foo= (1t) for each one foot (1~) of
building height over fifty fee~ (50').
SEC. 2.2.15 1/2.4.3 (4)
G~C. 2,2,15 1/2.4.3 (6) ~ ~e~t~a ~ae~ (25'),
SEC. 2.2.15 1/2.4.10 ~As red,red tn D~v.
2.4.
SEC. 2.2.16.2 ~~e. follow~ng uses, as ~dent~f~ed
within ~e S=andard Industrial Classif~cat~on
Manual, or as othe~se provided for w~thin th~s
section, are pe~tted as a ~ r~ght, or as uses
accesso~ to pe~itted uses in the Industrial
D~s~r~ct (I).
SEC. 2.2.16.3 (1) (a) All areas and surfaces readily accessible
to children shall be free of
substances and hazardous materials.
shall ~nclude all adjacent and abutting
properties lying within ~
1500~1 fee~.
SEC. 2.2.16.3 (1) (b) Shall not be located w~th~n~
~1500~1 ~e~ of ~e neares= proper~y
line of land uses encompassing wholesale
storage of gasoline, ~ed
petrole~, gas, oil, or other fla~able
l~ids or gases.
SEC. 2.2.16.3 (1) (d) Shall have a m~n~mum lot area of~
~ 120,0001 s~are feet and a
minimum lo= w~dth of ~
~100~1
SEC. 2.2.16.3 (1) (e) Shall provide a m~n~ usable open space
of no~ less than ~130%1 of
the total s~are footage of ~e lot area.
SEC. 2.2.16.3 (1) (f) Shall provide ~a~ all open spaces to
used by children will be bounded by a
fence of no~ less than f~ve feet ~
height, to be const~cted of wood, maso~
or other approved mater~al.
SEC. 2.2.16.3 (1) (h) Shall comply with the State of Florida
Depa~men= of Health and Rehabilitative
Services, Child Day Care Standards,
Florida Adm~nistative Code, Chapter
10H-12, ~ffective March 11, 1986.
Staff Side Sheet
TYPOGRAPHICAL ERRORS
SEC. 2.2.16.3 5. Fabricated Metal Products (groups 3482-3489).
SEC. 2.2.16.3 57 6. Food and Kindred Products (2011 and 2048
including slaughtering plants for h=ma~animal
and human consumption).
SEC. 2.2.16.3 6v7. Leather Tanning and Finishing (3111)~
SEC. 2.2.16.3 Tv 8. Lumber and Wood Products (groups 2411, 2421,
2429).
SEC° 2.2.16.3 eT 9..~otor ~'eight '~'aneportation and Warehousing
(group 4226, oil,.~nd gas storage, and petrole~
and chemJcal bul~
SEC. 2.2.16.3 9~ 10. 0il and Gas Extraction (groups 1321, 1382).
SEC. 2.2.16.3 }e~ 11. Paper and Allied Products (2611).
SEC. 2.2.16.3 ~}~ 12. Petroleum Refining and Related Industries
(groups 2911-2999).
SEC. 2.2.16.3 ~ 13. Primary Hetals Industries (groups 3312-3399).
SEC. 2.2.16.3 }~? 14. . ..
SEC. 2.2.16.3 1~. Rubber and Miscellaneous Plastics Products
(groups 3061-3089).
SEC. 2.2.16.3 16. Stone, Clay, Glass, and Concrete Products
(groups 3211, 3221, 3229,. 3241, 3274,
3291-3299).
SEC. 2.2.16.3 17. Textile Hill Products (groups 2231, 2261-2269,
2295, 2296).
SEC. 2.2.16.3 18. Transportation By Air (4581 A~irport, flying
fields).
SEC. 2.2.16.3 19. Transportation Services (4789 stockyards).
SEC. 2.2.16.3 ~0. Wholesale Trade-Durable Goods (groups 5015,
5051, 5052, 5093).
SEC. 2.2.16.3 21. Wholesale Trade-Nondurable Goods (groups 5162,
5169, 5171, 5172, 5191).
SEC. 2.2.16.4.3 (6) ~
Fifty feet (50")
T~PO<3RAPHICAL ERRORS
SEC. 2.2.16.6 Fence Reauirements. All permitted or comditional
uses allowing for storage other than within an
enclosed building, including but not limited'to the
storage of manufactured products~A raw or finished
materials~A or vehicles other than passenger~ shall
be required to screen said storage areas with a
fence at least seven feet (7!) ~ee% in height above
ground level from all adjacent or abutting
residentially zoned or used
SEC. 2.2.17.1 ~urDose and Intent. The purpose and intent of the
Conservation Dietri~c. (CON) iS tO conseL've, protect
and maintain vital natural resource lands within
unincorporated Collier County that are owned
primarily by the'public. The CON District
such publio lands as Everglades National Park, Big
CTprese National Preserve, portions of Big Cyprssl
Area of Critical State Concern, Fakahatchee Strand
State Preserve. Collier-Seminole State Park,
Rookery Bay National Estuarine Research Reserve,
Delnor-Wiggins State Park, and the Audubon
Corkscrew Swamp Sanctuary. It is the intent of the
CON District to require review of all development
proposed within the'CON District to ensure that the
inherent value of Collier County's natural
resources era ~s not destroyed or unaccetably
altered. .
SEC. 2.2.17.2.1 (1) Publicly~0wned parks.
SEC. 2.2.17.3 (5) ~er~h-H~g Earthmin~ng.
SEC. 2.2.17.4.2 ~inimum Lot W~dth, One hundre~ and f~fty feet
(~50,).
SEC. 2.2.17.4.4 Ha×~mum He~aht. Thirty~five feet
SEC. 2.2.17.4.7 LandscaD~na-Re~½~eme~s. As required in Div. 2.4.
SEC. 2.2.18.1 B~st~-PurDose and Inten~ The Public Use
District (P) is intended to accommodate only local,
state and federally owned or leased and operated
government facilities that provide essential public
services. The P District is intended to facilitate
the coordination of urban services and land uses
while minimizing the potential disrl~ption of the
uses of nearby properties.
Any public facilities that lawfully existed prior
to the effective date of this Code and that are not
zoned for Public Use District (P) are determined to
be conforming w~th these zoning regulations.
Staff Side Sheet
~ny future sx~ansion o£ these public facilities on
lands previously reserved for their use shall be
required to meet the regulations in effect for the
zoning district in which the public facility is
located.
Government owne~ properties rented or leased to
non-governmental agencies for purposes not related
to providing governmental services or support
functions to a primary civic or public'
institutional use aha11 not be zoned for the Public
Use District CP~, but rather, shall be zoned or
rezoned according tO, the use types or the use
characteristics which predominate.
SEC. 2.2.18.2.2 (6) ~aF~h-M~n~q'~, provided the use of
the excavated materials is utilized for
governmental projects.
SEC. 2.2.18.3 coMPLETE LINE SPACE BETWEEN 1i & 12 ~HOULD BE DELETED.
SEC. 2.2.18.4.? M~B~Ha-La~dscaD[n~-~ee~½~emeB~. As required in Div. 2.4.
SEC. 2.2.19.1 (2) Churches and houses of worship?.
SEC. 2.2.19.4.2 M~[mum Lot W~dth. Eighty feet
SEC. 2.2.19.4.3 DELETE COMPLETE LINE SPACE BETWEEN NOS. I & 2, 2 & 3, AND 3 & 4.
SEC. 2.2.19.4.3 (1) Twenty-P~ive feet (25~)
SEC. 2.2.20.3.1 (1)'Maximu~ res~dential de,city permissible for the
overall PUD shall be guided, in part, by the
Density Rating System'contained in the Future
Land Uss Element of the Growth Management Plan.
The overall maximum residential density
permissible or permitted in s~ a PUD shall be
calculated by dividing the total number of
dwelling units by the total of gross acreage of
the proposed PUD excluding the acreage of thu
commercial and industrial tracts or increments.
SEC. 2.2.20.3.1 (2).(e) Create a threat to property or incur
abnormal public expense i~ areas subject
to natural hazards, or
SEC. 2.2.20.3.2 (2) (f) Be incompatible or inconsistent with
surrounding neighborhoods or areas, or
:. SEC. 2.2.20.~.2 (9) M~n~ L~ndscaptnq-Req~ements. ~s required in
'~ Div. 2 · 4.
SEC. 2.2.20.3.2 (10) (a) Eff~ciency Apartments. Two 121 spaces per
dwelling unit.
BEC. 2.2.20.3.2. (10) (b} One Bedroom. Two 121 spaces per dwelling
unit. ·
SEC. 2.2.20.3.2 (10) (c) Two Bedrooms or more. Two 121 spaces per
dwelling unit.
BEC. 2.2.20.3.3 (1) Providing useble.'"~ommon open space within
lndiv~dual tracts or increments to e~f-set
offset and compensate for decreases in typical
lot sizes or yard requirements.
SEC. 2.2.20.3.3 (6} Providing for the integration and preservation
of natural resources with developmentr through
conservation of.natural resources such as
streams, lakes, f~eed-pts~,s ~_~D~,
ground water, wooded areas and areas of unusual
beauty or importance to the natural ecosystem.
SEC. 2.2.20.3.6 Dedication of Usable Open Space. A~ appropriate
percentage of the gross project area shall be
required to be dedicated to public use as useable
usable open space for'all development after a
determination by the Board of County Commissioners
that a public need exists for such public
facilities and that the amount of area dedicated is
directly related to the impactsor needs created by
the proposed development.
THIS IS TO BE CONSISTENT WITHINTHIS PARAGRAPH, AS
WELL AS THE SPELLING THROUGHOUT DIVISION 2.
SEC. 2.2.20.3.8 (2) In the event that the organization established
to own and maintain common space or common
facilities, or any successor organization, shall
at any time after the establishment of.the
conditions in accordance with the adopted PUD
Master Plan of Development, the Development
Services Director may serve written notice upon
such organization and/or the owners or residents
of the planned unit development and hold a
public hearing.
SEC. 2.2.20.3.13 (1) Permitted Pr~me~mte-Princimal Uses and
Structures.
SEC. 2.2.20.3.13 (2) (e) Wholesale and storage as accessory to the
pr~neipte mrincina1 use.
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TYPO~RAPRICAL
SEC. 2.2.20.3.13 (2) (f) Retail sales and/or display areas as
acceisory to the ~e*p}e ~ use,
not to exceed an area greater than ten
percent (10%) pe=eem% of the gross floor
area of the permitted
structure.
SEC. 2.2.20.3.13 (3) (a) MlnimumPUDArea= Ten~101 acres, except
that a PUD less than ten 1101 acres but
no~ less than.~z~tl21 acres in size may be
considered if it meets the requirements
for infi11 parcels in this Code and the
Growth Management Plan and is compatible
wi~h surrOdnding land uses. '
(b) Minimum Lot Area: 9JlqilI acre.
(c) Minimum Lot Width.
1150'1 fea~.'
SEC. 2.2.20.3.13 (3} (d) (1) Front Yard= Fifty fee~ (50~) feet.
(2) Side Yard: Twenty feet (20~) feet,
except.when abutting residentially
zoned property then fifty, fleet (50~)
feet.
(3) Rear Yard: Fifty feet
SEC. 2.2.20.3.13 (3} (e) Maximum Height of Str~ctures: Sixty-f~ve
fee~ (65~) ~ee~, except when abutting
residentially zoned property then
thirty-five feet (3~~) feet.
SEC. 2.2.20.3.13 (3} (l) Usable Open Space Req~e~
Thirty percent (30%) pereem~ of gross PUD
area.
SEC. 2.2.20.3.14 (1) When a residential m~xed-~sem~xe~usePUD
containing a commercial tract or ~ncrement
is located outside of an Activity Center,
all commercial component~ of the PUD shall
be subject to all provisions of the Future
Land Use Element and other elements of the
Growth Management Plan.
SEC. 2.2.21.3.1 Goodlette:Frar~c Road.
SEC. 2.2.21..4 Access. Twe-~-way ~ ingress and egress
shall be a minimum of th=ee-h~d=ed~T_~
thirty feet (330~) from the nearest street
intersection (measured from intersecting
right-of-way lines), one:vay ingress and egress
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shall be a minimum of
fifty fset~(150') from ~he nearest intersection.
SEC. 2.2.22 HOBILE HO~ O~Y DIS~I~ (~O): SPECI~
~G~TIONS FORGO IN R~AGRI~~
DIS~I~S.
SEC. 2.2.22.1 ~ose and In~en~. ~is sectio~
apply to ~ose a~i~l~ural areas where a minute
of housing t~es a~a ~ foun~ ~o ~ appropriate
within the district. It is in~ended that mobile
homea allowed under ~is section shall
only in ~e aaa Rural A~l~l~ural Distrtc=~ an~
only when the ra~irement~ and procedures of this
section are
SEC. 2.2.22.2 Establishment of Mobile ~ome ~erlav D~Strict
~ ~ overlay zoning classifica=ion
as "Mobile Home Overlay Distric~ (~O)~, and to be
designated on the Official Zoning Atla~ ~ the
s~ol "~0" t~ether with the s~l of the basic
zoning district which It overlays, is hereby
established.
SEC. 2.2.23.2.1 ~ ~ a~ea longi~dinally centere~ on a
~nway, extending two hun~ed~ (200~)
beyond each end of the ~nway wi~ the width
specified for each ~way for ~e mos~ precise
approach existing or planne~ for eider end of
~nway.
SEC. 2.2.24.8'paragraph 4 All site al~eration or ~ite
~ plan approvals of over twenty
(20) acres shall
2.2.24.4, 2.2.24.5, and 2.2.24.6.
SEC. 2.2.24.10.4 Upon the agproval of the transfer of residential
development rights for an "ST" la~ by the
Developmen= Se~lces Director, ~e proper~y o~er
of ~e ~ST· la~d ~ha11 dedicate
land to ~e County or a Starer or Federal agent;
however, ~e lands may be dedicated in fee ~
to a private, not-for-profit conse~ation or
enviro~en~al organiza~ion a~ in accordance with
Chapter 704.06, Fla. Stat., as amended, with ~e
approval of the Development Se~ices Director.
SEC. 2.2.24.11 (7) Three (3) copies of an exerted deed of transfer
of o~ership of the "ST" prope~y to the County
or a StateT or Federal agen~ however, the
lands may be dedicated An fee ~ to a
private, not-for-profit conse~ation
Staff Side Sheet
TI~.O~RAPRICAL ~RRORS
environmental organization In accordance with
Chapter 704.06 Fla. Stat., as amended, with the
approval of the Development Services Director in
a for~ approved by the County Attorney.
SEC. 2.2.25.~.2 LAST SENTENCE
The Preservation Board shall be provided the
opportunity to present itse recommendations to the
Planning e~ommission and Board of County
Commissioners at their public hearings.
SEC. 2.2.25.3.6 Final Subdivision Plat. Property under
consideration for =?final subdivision plat,
including construction documents within an area of
Historical/Archaeological p~robability but not
subject to 2.2.25.3.2 ......
SEC. 2.2.25.3.7 Site Develogment Plan [~DP}. Property under
consideration for a~ aDP within an area of
Historical/Archaelogical p~robability but not
subject to...
SEC. 2.2.25.3,10 Waiver Reauest. Properties located within an area
of Historical/Archaeloglcal Probability with low
potential for historical/archaeological sites may
petition the Community DevelOpment e~ervices
Administrator or his designee to waive the
requirement for an Historical/Archaelogical Sur~ey
and Assessment. T~e waiver application shall be in
a form provided by the Community Development
Services Division. The Community Development
Services Administrator or his? designee shall
review and act upon the waiver request within five
(5) working days of receiving the application. The
waiver request shall adequately demonstrate that
the area has low potential for
historical/archaelogical sites. Justification
shall include, but not be limited to, an aerial
photograph interpretation, a description of
historical and existing land uses, and an analysis
of land cover, land formation, and vegetation. The
Community Development e~ervices Administrator or
his designee ....
SEC. 2.2.~5.$.1 (8) Is the birthplace e=-grave or arave of an
historical figure or is a cemetery which derives
its primary significance from graves of persons
of transcenden~ importance,.from age,
distinctive design features, or from association
with historic events~ or
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SEC. 2.2.25.7.1 ~Hlstorical/Xrcheological
designated sites, districts, structures, buildings,
and properties as provided in Sec. 2.2.25.5.1 shall
be ,}~ eligible for any financial assistance set
aside for historic preservation projects by Collier
County, the State of Florida or the Federal
Government, provided they meet %ha reqalirements of
those financial assistance programs.
SEC. 2.2.25.7.5 ~J~BH-O~-'d~I~e-e~The Community Development
Services AdministratDr or his designee may, byr
written administra~i:ve decision, approve any
variance request for any designated...
SEC. 2.2.25.8.1 (1) The Community Development Services Administrator
or his designee and Compliance s~ervices shall
be contacted.
SEC. 2.2.25.8.1 (5) (a) If.the identified area is determined to be
eignificantA an...
SEC. 2.3.2 - - ~ It is the intent
of this division that the publ~= health, safety,
comfort, order, appearance, convenience, morals,
interest, and general welfare ~eq~*~ed ~ that
every building and use erected or instituted after the
effective date of this Code shall be provided w~th
adequate off-street parking facilities for the use of
occupants, employees, visitors, customers or patrons.
SEC. 2.3.4.2 ~ Be surfaced with asphalt, bituminous,
concrete or dustless material and maintained in
smooth, well,graded cond~tio~. Up to
RCr~f~l~lT0%l of the parking spaces for house of
worship and schools may be surfaced with grass or
lawn.
SEC. 2.3.4.8 La'-~s~D:~lg~Bs constrtlcted so tha~ ~nterlor
portions of
facilities not utilize~vehicular
specifically as a parking
space or maneuvering or other vehicular use area
shall not be paved but be landscaped ~n accordance
with this Code, specifically DIv. 2.4.
SEC. 2.3.4.11 (1) (a) The lots are contiguous or would be
contiguous except for a roadway that is
not designated as a collector or arterial
An the Trafflc~L~gJlElement of the
Growth Management Plan~ and~
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.: SEC. 2.3.4oll (2) (b) No off-site parking space is located
further than three hundred feet (300!)
~eet from the butldinq or use ~hey are
intended to serve, measured by the
shortest feasible walkinq distance, unless
special circu~stances exist under Sec.
2o3o4,11.5;
· SEC. 2.3.4.11 (2) (c) The lots are not separated by an arterial
roadway as designated in the Traffic
Circulation Element of the Growth
Hanagemen=..~lan;
SEC. 2.3.4.11 (4) Where off-site parking cannot be approved
because the property is located in an
agriculturally or res~dem~*a~Ay-sened
residentially zoned district...
SEC. 2.3.4.11 (4) (b) No off-site parking space is located
further than three hundred feet (300!)
fee~ from the building or use they are
intended to serve, measured by the
shortest feasible walking distance, unless
special circumstances exists under Sec.
2.3.4.11.5~
SEC. 2.3.4.11 (4) (c) The lots ~re not separated by an arterial
roadway as designated in the Traffic
C~rculat~o~ Element of the Growth
Hanagemen= Plan~
SEC. 2.3.4.11 (4) (d) At least sixty-seven percent (67%) of the
required parking for the development,s
located on the lot with the pr~ncipal
structure unless special circumstances
exist under Sec. 2.3.4.11.5;
SEC. 2.3.4.11 (4) (g) The off-site facility shall bm designed to
mitigate any negative effects of this
parking facility on neighboring
res~de~%~a~y-~o~ed res~dentiallv zoned
property. Mitigation shall included,
unless specifically determined by the
Board of Zoning Appeals not to be
necessary:
(1) No vehicular egress shall occur on
local streets opposite of residential
homes or within the building lines of
unimproved single-family
~es~defl~a~}y-me~ed resident~a11¥
zoned property;
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~:]/ :. (2) Lighting shall be shielded, pointed
'~ downward, and not over twenty fee~
(20!) feet in height so as to prevent
. glare upon all neighboring
residential proper~iea; and
(3) A fifteen ~ (1~!) w~de landscape
~ffer strip shall ~ provided around
' . ~e entire perime2er where
directly a~ts
~ prope~y. Six
· , ~.(6!) fooe high
~ch~,ct~ally-fin~shea wall, fence,
hedge,' or ~ co~ination and ten
~ (10~) ~ee% tall shade trees
spaced no ~ore ~an twenty ~
~eet apa~ on center shall
red,red. ~e Board of Zoning
Appeals may reduce ~e
~ee~ h~gh screening re~remen=
~14~ ~ee% h~gh w~th~n fron=
yard setback areas-.
~' SEC. 2.3.4.11 (5) (b) ~ere the proposed off-site parking will
se~e T~e~ora~ ~ark~nq for
~vents as desk,bed ~n Sec. 2.3.14.
SEC. 2.3.4.11 (7) (a) ~e Co,unity Development Se~lces
A~[n~strator or the Board of Zoning
Appeals, whichever ~s applicable, may
~mpose retirements or conditions upon
approval as appropriate to promote the
publ~cr heal~, safety,, and welfare.
SEC. 2.3.4.11 (9) No more than ~ 110%~ of a shopping
centerls total parking requirement may be placed
in the rear of the shopping center unles~
center has convenient and we11=1~qhted front and
rear access for patrons and e~ployees and where
the rear buildings are architecturally f~nlshed
adjacent to rear access.
SEC. 2.3.4.12.1 ~ST P~G~H
· Fire d~str~cts may re~re these to ~ ~ncreased
to fourteen ~ (14') where an a~te t~n~g
radius ~s present
SEC. 2.3.4.1~.~ ~ Each parking space shall be a
minim~ of nine ~ (9') ~ee% by e~qhteen feet
(18') ~n size exce92 for compact parking spaces
allowed within Sec. 2.3.4.12.3
Staf£ Side Sheet
~"Y~C~XCXZ~ ~I~0~
SEC. 2.3.4.12.3 Minimum Comnact Snace Size. Xn retail commercial
projects, up to fifteen percent (lS%}, and in all
residential, office and industrial projects, up to
twentyxfive percent (2S%)? of the required parking
spaces may be designated ae compact spaces with
minimum dimensions of eight .feet (S') by sixteen
feet (16'). Compact spaces will only be allowed in
pro, acts requiring twenty ~0A~ ¢201 or more
parking spaces. The compact s~aces shall be
cjustered in one ¢11 or more groups of epacee and
dispersed throughout the site so that drivers using
either compact or fullmsized spaces have equal
access to the moat gpnvenient parking locations.
Compact spaces shalI be designated by signs on
every third space, painted mCompact" on each
pavement space and double striped to indicate their
status. Spaces provided in excess of the required
number of spaces may all be compact spaces as long
as compact spaces never exceed thirty~three percent
(33%) of the total number of spaces provided.
· SEC. 2.3.5 OFF-STREET PAR~ING= SHA~ED PARKING. For the purposes of
this section, shared parking shall be defined as:
off-site parking on property that normally ie not under
the same ownership ae the structure or use the parking
is designed to serve and consists of Joint parking,
where parking serves an~ is credited for land usee on
two ¢2} or more properties, and/or leased parking, where
credited parking space is excess to the parking
requirements of the lot on which it is located based on
Sec. 2.3.14.
SEC. 2.3.5.3.2 Ho shared parking space shall be located further
than three hundred feet (300~) ~ee~ from the
buildings or uses they serve unless special
circumstances exist including, but not limited to:
SEC. 2.3.5.3.2 (4) Where the proposed off-site parking will serve
water-dependent and/or water-related uses~ and~
(§) Where the proposed off-site parking will only be
for employees (limited to a maximum of fifteen
percent (15~) pe~een% of the proJect'e total
parking requirement).
SEC. 2.3.5.4 (1) Where the request involves a church and another
property whose predominant parkihg demand is
between 7:00 A.M. and 6:00 P.M., Monday through
Friday, or two (2) other properties, where the
business hours of one (1) property do not overla~
withthe business hours of the other property, the
credit for Joint parking spaces~shall not exceed
fifty percent (50%) of the minimum required spaces
for the property requiring the least amount of
Staff Side Sheet
·
TYPO~P.W~KXC~L ~3~0R8
: spaces. The credit may be applied all to one
'~ property or split between the two f2~ properties;
· SEC. 2.3.5.5 ~redit for teased Off-Site Perkins Spaces. Credit
for leased off-site parking spaces shall be limited
in all cases to thirty=five percent (35%) of the
land usee'e parking requirement, that the parking
~pacee are proposed to serve.
SEC. 2.3.5.6.4 The shared parking plan will solve parking problems
that were not create~ b~ the owners or lessees of
the subject properties~
SEC. 2.3.10 ~F-STREE~ P~dlK~6= E~CRO~C~ME~PP P~OHYBTTED. Required
e~atree~ off-street parking shall be located so that no
automotive vehicle when parking shall have an7 portion
of such vehicle overhanging or encroaching on public
right-of-way or the property of another. Xf necessary,
wheel stops or barriers maM be required in order to
enforce this provision.
SEC. 2.3.12.1 A Site Development Plan is submitted to and
approved in accordance with Sec. 3.3.5.
SEC. 2.3.14 ~FF-STREE'P P~RK~ ~D S?~CE~G:' ~EOU~ED ~OUN~S.
Minimum off-stree~ parking space requirements are set
forth below. ~here stacking is required, the amount
listed does not include the firs~ vehicle being serviced
(for drive-in windows, stacking etarte ten fee~
~10J_[ ~eet behind the middle of the pick-up window) and
is computed at twenty feet ~20'_~ ~ee~ per vehicle (turns
are computed at twenty-two feet ~22'_~ ~ee~ per vehicle
measured at the outside of the d~ivewa¥). Stacking for
one fl[ lane maM be reduced if the reduction is added to
the other.lane(s).
Airport (civil Aviation) One (l) per .SOO annual enplaned passengere.
Airport (General Aviation) One (1) per each aircraft
tiedown/atorage/~aintenance
SEC. 2.3.14 PAP~GRAPH 3 UNDE~ "SHOPPX~ CENTER"
~hen more than ten merce~ ~10%1 of a ehopping center's
total parking requirement...
SEC; 2.3.14 PARAGRAPH ~ UNDER wSHOPPXNG CENTERs
~Then more than ten nercen~ ~10%1 of a shopping center's
total parking requirement is placed...
337
Staff Side Sheet
SEC. 2.3.19.2 For each multiple~famlly dwelling facility having
at least twenty (20) dwelling units but not over
fifty (50) dwelling units~ one (1) space. For each
multiple=family dwelling having over fifty (50)
dwelling unite: one (1) space, plus one (1) space
for each additional fifty (50) dwelling units, or
major fraction thereof.
SEC. 2.3.20.1.2 One (1) space for each one hundred fifty 11501
metered on-street and publicly maintained and
operated parking lot spaces.
SEC. 2.3.20.3.2 Diagonal or perpendicular parking spaces shall be a
minimum of twelve fi~t 112~_L fee% wide.
SEC. 2.3.21.1.2 ~The e~panaton of any use shall require
parking at fifty percent £50%1 of the minimum
requirement as set forth in Sec. 2.13.14, for the
expansion only.
SEC. 2.3.21.1.4 Uses i~ }lew Buildt~os. Any use tn a building
constructed after the effective date of this Code
wtll be required to provide parking at fifty
Derce~t 150%1 of the minimum requirement as set
forth in Sec. 2.3.1~ ....
SEC. 2.3.21.3 Q~f-Sfte Parkino AoTeements. In no way shall the
provisions of the Immokalee Central Business
District (ICBD) be construed so as to prevent
establishments within the boundaries from taking
advantage of off-site parking arrangements as set
forth 'in Sec. 2.3.4.11. F~rthermore, the maximum
distances eat forth tn Sec. 2.3.4.11 shall be
increased to six hundred feet I600~ feet within
the boundaries of the ICBD. ProperCiee within the
ICBD entering Into off-site parking agreements with
properties outside the ICBD may utilize the six
hundred foot ~600~! ~ee~ rule.
SEC. 2.3.21.4 Boundaries of the District. The physical limits of
the Immokalee Central Business District~ are
as shown on the official zoning atlas map of the
subject area, and as described below:
SEC. 2.4.3.1 Landscape Plan Reouired. Prior to the Issuance of
any preliminary subdivision plat, final site
development plan, or building permitt~ an applicant
whose development ts covered by the requirements of
this section aha11 submit a landscape plan to the
Development Services Director. The landscape plan
shall be prepared by and bear the seal of a
landscape architect registered tn the State of
FloridatA or otherwise be prepared by. persons
authorized to prepare ......
Staff Side Sheet
SEC. 2.6.3.1 ~n~j.'a~_E~]~us6~9~The height limitations contained ~n the B~vAs*enD.~[~4. 2.2
SEC. 2.6.4.1.3 W~ndow or well,mounted air conditioning units,
chimneys, fireplaces, bay windows, or pilasters
shall, not project over two feet'(2t) into a
required yard.
SEC. 2.6.4.1.4 Fire escapes, stairways, and balconies which are
unroofed and unenclosed shall not project ne~ over
f~ve feet
SEC. 2.6.4.1.6 Fences, walls and hedges, subJec~ to Sec. 2.6.11,
and padx~ounted air condit~oners are pe~tted ~n
re~ired yards, subJe~ to ~e p=ovisions of
SEC. 2.6.4.2.1 (1) St~ctures for which a Ce~ificate of Oc~pan~
or a Final Development Order has no~
granted. ~e Development Se~lces Director may
a~inistratively approve minor after-the-fact
yard encroac~ents up to two and one.half
~ (2.5%) ~ of ~e re,ired yard,
to exceed a maxim~ of two and one.half inches
(2.5").
SEC. 2.6.4.3.4 ~~ applicant under
this section shall suni= a Si~e Development Plan
as re,ired An Div. 3.3. In addition to
contents of such a plan as re~ired ~ Div. 3.3,
the applica~= shall submit such materials as will
demonstrate that the placement of ~e proposed
buildings in waterfront yards from which ~hey would
othe~ise excludedl ,1) will,not adversely affect
adJoini~g or nearby propertiesT~ a~dr ,2) will
cause no adverse enviro~ental effec~s as a result
of building placement as, re,es=ed.
SEC. 2.6.33.4
~ring ~e cons=~c=ion of any developmen~ for
which a final development order has ~e~
the developer may re,es= a tempora~ use
~ to provide ....
SEC. 2.6.33.5.1 Model sales offices shall be of a tempora~
and looated within a development under
const~ction. Model sales offices shall no= be
used for the offices of builders, contractors,
developers, or similar activities. A temporary use
pe~&~ ~ issued for a model sales office shall
be issued ini~ially for a period of twenty-four
(24) months and shall allow for ~e sale, resale or
Stafff Side Sheet -
TYPO<]I~PXICX~ L'P. RORS
marketing of dwellings, structures, or property
within the development~_%~g/l At is located, or
adjacent developments under the same control.
Ex~ensions beyond the ~n~t~al two (2} year
may ~'~anted ~n accordance w~h Seo.
SEC. 2.7.2.12.1 No =hange ~n the zoning classification of property
shall ~ considered which ~nvo~es less ~an for~y
~ousand (40,000) s~are fee2 of area and
hunted ~ (200~) ~eet of street frontage except=
where ~e proposal for razoning of prope~y
~nvolves an e~ens~on' of an exis=~ng d~stric2
howdah, or where, the rezoni~g ~s ~nit~ated by the
Board of County Co~iss~oners to ~mplemant
Zoning Reevaluation Ordinance 90-23. However, the
retirement of two-hundred feet (200~) of
frontage shall no2 apply to rezone pet~2~ons that
provide e~ghty percent (80%) or more affordable
housing units.
SEC. 2.7.2.12.3 Except as othe~sa provided w~th~n Sec. 2.7.3.4,
all zoning approvals for which a f~nal develo~en~
order has no= ~en ~anted w~th~n ~l f~fth
year of the data of ~ts approval sha11~ evaluated
=o data,ina ~f ~e zoning classification for
prope~y shoUld be changed to a lower, or more
suitable classification.
SEC. 2.7.2.12.3 (1) To e~e~d the ~rrent'z~[ng classification on
the property for a max~ per~ of f~ve ~
years~ at ~a and'of which ~me, ~e prope~
shall again ~ evaluated under the procedures as
defined here~n.
SEC. 2.7.2.15 ~Approved F~nal
Si~e Development p~lans shall remain in force for
two (2) years. If no developmen~ (actual
const~ct~on) has co~enced W~th~n Cwo ~ years,
~e Site Development p~lan shall I~rl ....
SEC. 2.7.3.1.1 (4) Identification of all proposed tracts or
in~ements w~n the P~ such a~, but not
limited to= res~dent~al~ co, arc,alS ~ndus~r~al~
~nst~tut[onal~ conse~at[on/prese~at~on~ lakes
and/or o~er water management fac~l~t~es~'co~on
open space~ buffers~ the location and f~ct~on
of all areas proposed for dedication or to be
rese~ed for co~un~ty and/or p~l~c use~ and
areas proposed recreational uses ~nclud~ng golf
ea~ses ~ and related facilities, and
provisions for ownersh~p~ a~d operation,
maintenance~
~'~'~ Staff Side Sheet
~:' TYPOGPiJ~Z C~tT, ~3tRORB
:. SEC. 2.7.3.1.1 (9) The location of existing roads, rights-of-way,
· ~ and pedestrian systems with£n two hundred feet
(200~) feet of the proposed PUD;
SEC. 2.7.3.1.2 (1) Title Page to include N~ame of project;
(3) List of N~xhibits;
(4) State of Ccomplianca WHitehAll1 B~lements of the
Growth Hanagement Plan;
(6} Property e~wnership and 61eneral 9~sscription of
e~wnership)~
(7) Description of PRroJect B~svelopmsn=;
(13) Habitats and their boundaries ~dant~f~ed on an
aerial photograph of the site. Habitat
identification will be consistent with the
~lorida Department of Transportation Florida
Land Use Cover and Forms Classification System
and shall be depicted on an aerial photograph
hav~ng a scale of one inch ~1") equal to at
least ~_~1200~ ~ee% when
available from the County, otherwise, a scale of
at least one inch fl"~ e~al to ~
fee~ 1400'~ fee~ is acceptable.
(14) Envirormental ~mpact analys~s pursuant to
applicable provisions of Div. 3.8
(17) A plan for the p~oviaion of all needed utll£ties
to and within the p}a,,e4-~e~mH~yPUD;
including (as appropriate)T water supply,
sanitary sewer collection and treatment system,
storm water collection and management system,
pursuant to related County regulations and
ordinances;
(18) Traffi= ~lmpact ana~ysis$
(19) Agreements, provisions, or covenants which
govern the use, maintenance, and continued
protection of the p}am~ed-mm~%-dsweAepmen%PUD
and any of its common areas or facil£ties;
(20) Development e~ommitments for all ~nfrastructures
and related matters~£
(21) Whe~ determined necessary to adequately assess
the compatibility of proposed uses to existing
or other proposed usest~ their relat~onship to
Staff Side Sheet
~OGR3~ZCALZRRORB
open space, recreation facilities, or traffic
impacta~.or to assess requests for reductions
tn dimensional standards, the Development
Services Director may request schematic
architectural drawings (floor plans, elevations,
perspectives) for all proposed structures and
improvements, as appropriate.
SEC. 2.7.3.2.1 ~rea~Dlication Conference. PrloF to submission of a
formal application for rezoning to PUD, tho
applicant shall confer with the Development
Services Director and other County staff, agencies,
and officials involved tn the review and
of such applications, and related materials. The
applicant ts further' encouraged to submit a
tentative land use sketch plan for review at the
conference, and.to obtain information on any
projected plane or programs relative to possible
applicable Federal or State requirements or other
matters that may affect the proposed
deve~opme~t~),
SEC, 2,?,3.2,~ (3) Conformity of the proposed
~evetepme~ PUD with the goals, objectives and
policies of the Growth Management Plan.
SEC. 2.7.3.2.1 (5) The adequacy of Heea~}s usable... (FOR
CONSISTENCY THROUGHOUT THIS DIVISION)
SEC. 2.7.3.2.5 {~) Conformity of th~ proposed
BeveAep~e~t PUD wtth the goals, objectives and
policies of ~he Growth Management Plan.
SEC. 2.7.3.2.5 (5) The adequacy of ~saab}e usable...(FOR
CONSISTENCY THROUGHOUT THIS DIVISION)
SEC. 2.7.3.3 Effect of Planned Unit DeveloDEent Zontn=~ If
approved by the Board of county Commissioners, the
Nester Plan for Development and all other
information and materials formally submtttbd with
the petition shall be considered and adopted as an
amendment to the Zoning Cods and ~ha11 become the
standards of development for the subject
H~t-geve~epme~ PUD. Thenceforth, development in
the area deli~eated as the'PUD District: on the
official Zoning Atlas shall proceed only tn
accordance with the adopted develol~ment regulations
and PUD Master Plan for said PUD District.
Before development of any type may proceed, all
agreements~ conditions of approval...
Staff S~ds Sheet
-~ SEC. 2.7.3.4 (1) Fail to obtain approval for improvement plans or a
development order for all infrastructure
improvements to include utilities, roads and
similar improvements required by '~'le approved PUD
Master Plan or other development orders for at
least fifteen percent (15%) pereen%..o
· SEC. 2.7.3.§.1 Substantial/Insubstant~al Chan~es,~ A~y
change(a) to an approved ~Bv P~ Master Plan
shall
SEC. 2.7.3.5.1 (1) ~ere ~s a proposed change ~n
(3)' ~ere is a p~0posed de,ease in prese~ation,
conso~ation, recreation or open space areas
within the developnent not to exceed five
percen~ (SA) peFeen~ of the total average
acreage previously desi~ated as such, or five
(5) acres in area-T~ or
(10) The proposed change
Bewe}opnen~ P~ d~tstrict desl~ated as a
Developnen= of Regional Impact (D~) and
approved p~ant to Se~'~ 380.06,
Florida S=atutes.
SEC. 2.7.3.5.2 (2) Upon completion of the review, ~e Development
Se~ices Dtrector~ shall provide a ~tten
dete~ination to the applicant, or his legal
represen~ative, confl~ing ~at ~o proposed
change(s) do or do not constitute a substan=ial
change to the approved P~Haster Plan based
upon the evaluation of
Sec. 2.7.2.5.1 Such ~y such dete~lnation made
by the Development Se~ices Director nay be
appealed to the Board of Coun=y Co~issioners.
SEC. 2.7.3.5.5 Lanaua~e C~an~es. Language changes to a previously
approved P~anned-en~-Beve~opmen~ PUD Document
shall'require the same procedure-as for amending
the o~ficial a~oning aAtlae.
SEC. 2.7.3.5.6 M~or Chanaes Not Otherwise Provided For. It shall
be understood that while a PAenfled-Ufl~-~eveAepmefl~
PUD ia required...
SEC. 2.7.3.6 (8) Copies of all required monitoring reporter
completed in past year (i.e., Traffic, Well Field,
etc.)
Staff Side Sheet
.: SEC. 2.7.3.7 ~J~L~lg~Vlolatlon of thia section ahall be
enforced aa provided in Dlv,
SEC. 2.7.5.4 Notice of Plannin~ Co~ission l~blie Hearina.
· " Notice of public hearing before the eell*e~-eeunty
Planning Co~ztsslon...
Hotice of the time and.place o~the public heartnq
~fore the ee~e~-ee~t~ Planntnq Co~tsston ahall
~ at least fifteen (15) da~s tn advance
heartnq by ~all to all ~ers of prope~y
three h~red.~ ,(300~) ~eet of
lines o~ ~e land fo~ ~h~ch a variance ts sought.
SEC. 2.7.5.5 Plannlna Co~sston ~bl~c Hearing. ~e public
hearln~ shall be held b~ the
Planning Co~tsslon
SEC. 2.7.5.6 ~ Barfers any variance ahall be race.ended
for approval to the Board oZ Zontnq Appeala,
eoEE~e~-ee~ty Planning Co. lesion...
SEC. 2.7.5.6 DELVE ~ L~HE B~ ~OS. 2 & 3.
sec. 2.7.5.6 (3) ~1 a literal tnte~retatlon of
th~s La~d-Beve~op~e~-Re~e~ono ~ Code
degr~ve ~e applicant of'rights co,only enjoyed by
other propert~es ~n ~e same zoning d~str~c=~der
the te~s of th~s
~ and work ~necessa~ and ~due hardship
on ~e applicant?
SEC. 2.7.5.7 Conditions and Saffe~ard~ In reco~end~ng approval
of any variance, ~e eeAL~eF-eounty Planning
Co~[ss~on may reco~end appropr~a2e conditions and
safe~ards ~n confo~tty w~th tho ~ Zoning
Code,....
SEC. 2.7.5.8 Reco~endation of Dental. If the
Planning Co~sston reco~ends...
SEC. 2.7.5.9 Status of Pla~ Co~iss~o~ ReDO~
Reco~endat[ons~ ~e repot= and reco~enda2~on.of
the eo}A*eF-eou~ty Planning Co~ss~on red,red
above shall ~ adv~so~ only and shall not
be b~nd~ng upon the Board of Zoning Appeals.
SEC. 2.7.5.10 Notice of Board of Zon[n~ ADDeals ~bl~c
Upon completion of ~e ~ubl~u ~earing ~fore the
eeA~*eF-eoumty Planning Co~ss[on, not~ce of
~ubl~c ~earing shall be g~ven at least f~f2een
(15) days in advance of the ~ubl~c ~ear~g for
the Board of Zoning Appeals. The o~er of the
~taf£
~O~RAPXZC]~tRORS
property for which the variance is sought, or his
agent or attorney designated by him on his
petition, shall be notified by mail. Notice of
P~ublic H]learing shall be advertised...
SEC. 2.7.7.2.3 PreaDDlication Conference. LAST SENTENCE ONLY
Depending on the type of development proposed, the
applicant may take the form of,' or be combined
with, an application for a p~lanned ~nit
d~evelopment CPUD}, a rezone, or an affordable
housing density bonus development agreement.
SEC. 2.7.7.2.4 (6] Whether the affordable housing density bonus
is requestedin conjunction with an
application for a pElanned ~nit ~evslopment
(PUD), an.application for rezoning, or an
affordable housing density bonus development
agreement~
SEC. 2.7.7.2.7 Review and Recol~mendat~om b~ the PlannAnm
Commission, Upon receipt by ~he Planning-Commission
of the application for affordable housing density
bonus and the written recommendation and
report of the Housing and Urban Improvement
Director, the Planning Commission shall schedule
and hold a properly, advertised and duly noticed
public hearing on the application.- I~the
application has been submitted in conjunction with
an application for a
,PUD~, then the hearing shall be consolidated and
made a part of the public hearing on the
application for the p~anmed-~n&~-deve}epmen~ PUD
before the Planning Commission, and the Planning
Commission shall consider the application for
affordable housing density bonus in conjunction
with the application for the 'p}enned
deveAepmen~ ,PUD~. If the application has been
submitted in conjunction with an application for a
rezoning, then the hearing shall be consolidated
and made a part of the public hearing on the
application for rezoning before the Planning
Commission, and the Planning Commission shall
consider the application for affordable housing
density bonus in conjunction with the application
for rezoning. In the event that'the application
for affordable housing density bonus has not been
submitted in conjunction with an application for
p}a.ned-un~-deve~opmen~ ,PUD~ or an application
for rezoning, then the application for affordable
housing density bonus shall nonetheless be treated
as a rszoning on the property and shall comply with
the requirements of this Section. After the close
of thepublic hearing, the Planning Commission
shall review and evaluate tho application in light
of the requirements of this d~ivision and the
requirements,for a rezoning, and Shall reconend to
the Board of County Co~missionersthat the
application be denied, qranted or 9ranted wl~h
conditions.. Ho~ever~ in ~he even2 ~a2 ~e
applicakion for affordable housinq
does no2 chanqe the dens~ties o~ ~ntens~2ies oE use
or ~e zonlnq on ~e prope~ ~d does not
a rezon~ng or p~a~ed-~t-de~e~ep~e~ ~
applica~ion (i.e., an appl~cation ~o ~ain~a~n
ex~sitnq zon[nq on ~he prope~ ~n the face oE a
do~zon~nq ~ou~h the Zon~nq Reevaluation
Pr~a~)~ ~en the..applica2ion for affordable
ho~s~nq density bonus shall co~ply ~l~ the
re~re~ents fo~..develop~en~ a~ee~ents ~der
collier Co~t~ Development ~ee~en~ Ordinance, as
~ell as the re~ire~ents of th~s Section, ~n
off co~pliance ~tth the rezon~ng re~re~en~
referenced ~n th~s
SEC. 3.2.7.1.1R ~e lnco~orakion and compatible development
presen~ and fukure' streets as sho~ on ~e
~ra~sp~at~e~~ Elemen~ o~ ~e
Collier CountM 6ro~h ~ana~emen~ Plan, when ~uch
presen~ or futura streek~ ~ra affacked
proposed s~ivisiom.
SEC. 3.~.S SITE
SEC. ~.~.S.~.2 ~S) (d). ~ca~ion and a~an~emenk of all proposed
kha~ are ~o remaim).
{o) (~) Ail parkin~ areas and drive=aisles.
SEC. ~.~.S.S.1 (~) Off=S~tree~ parkin~ location, parkinq laMout
dimensions, on-site ~raffftc cir~la~iom, and
landscaping, includinq all handicap parkinq and
acces~ provisions.
SEC. ~.~.S ~Approved ~Anal
~evelopmen~ plus shall ~emain tm force for ~o
years. If no devalo~ent ~a~ual const~ion) has
co~enced wl~ln two~ Meats, the S~ita 9~evalopmen~
~lan shall e~lre. One {1~ one-Meat e~ension may
~ran~ed for qood cause sho~ upon ~itten applAcation
submitted to ~e Developmen2 Se~icea Director prior to
e~iration off ~e precedin~ approval. ~en e~endinq
the F~inal S~i~e ~evelopmen2 ~lan approval, the
Developmenk Se~lces Direckor shall re~lre khe approval
to De modified to Drtnq the plan into complAance with
any new provision of e~ this Coda in eEfect a~ the time
oE the extension re,es2.
Staff Side Sheet
DIV. 6.3 Adult Conare~ate Livino Facilitv fACLF); Any
building(s), section of a building, distinct part of a
building, residence, private home, boarding home, or
other place, whether operated for profit or not, which
Undertakes through its o~ersh~p or management to
provide for a per~od exceeding twenty-four (24) hours,
housing, fo~ se~ice, and one ~1) or more personal
seduces for fo~ [4) or more adults, not related to the
o~er or a~n~strator by blood or ~a~age, who re~ire
such seduces an~ to provide l~m~ted n~s~ng se~ces,
when specif~cally l~censed to do so p~suant to Florida
Statute 400.407. ~e facility shall ~ l~censed and
approved as such by Florida Depa~ment of Health and
Rehabilitat~ve Se~lces.' A facility offering personal
seduces or l~mited nursing se~ces for fewer than four
f4} adults ~s wi~n ~e meaning of ~s definition
~t focally or ~nfo~ally advertises to or solicits the
public rot'residents or refe~als and-holds ~tself out
to the public to be an establ~s~ent which re~lar~y
provides such
A~fordable Hous~na~ A residential dwelling ~t w~ a
monthly rent or monthly mortgage pa~ent, ~nclud~ng
progerty taxes and ~nsuance, not ~ excess of
one-twelfth (1/12) of~130%1 pe~e~ of an
amount which represents~lS0%l peewee% (for
ve~ low ~ncome), eiahtv percent 180%1 pe~e,% (for
income), or one hundred Dercen~ ~}00%1 pewees% (for
moderate ~ncome) of the median adjusted ~oss a~ual
~ncome for the household as published annually ~ ~e
U.S. Department of Housing and Urban Development
the Naples Metropolitan Stat~st~cal~ea (MSA).
Affordable Hous~na Dens~tv Bonus
Affordable Hous~n= Dens,tv Bonus (~B~)
Affordabl'e Hous~n= Dens~tv Bonus [~DB~) Rat~n~ Svstem~
Affordable Hous~na Rental Un~t~ Affordable housing ~n
the fo~ of a residential dwelling unit solely for ~ease
or rent designated and rese~ed for oc~pan~ by a
moderate, low, or ve~ low ~ncome
household...
Artifice1 L~oht~ ~y source of l~ght ~anat~ng from a
man,made device...
Blaster: ~ ~nd~v~dual employed ~ a User who detonates
or othe~se effects the e~losion of an e~los~ve or
who ~s ~n ~ed~ate charge and supe~s~on of one ~ or
more...
Staf£-sid~ Sheet
TI'PO~It~P~X~,L ~RROR~
~ Sha~-menn n~ area of land where
.. racraat~on~vahicles supported by a fixed motor vehicle
wheel base and ~ncludes, but t~ not l~m~ted toA travel
trailers, c~pinq trailer~, t~ck campers, ~otor h~e~,
van conversions, each of which shal~ not exceed two
h~dred a,d forty (2401 s~are feet~ may ~ parked for
perils of time as herein re~la~ed.
~ ~, ~ ~Di~lar potable unit...
~ A residential trea~en~ facility, o~er ~an
a nursing home, where, for compensation (if applicable),
persons receive fo~, l~ging and some fo~ of on-site
therapeutic care on a daily basis. ~is t~e of care
may involve psychiatric, psychological, medical,
physiological therapies, behavior modification a~d other
such se~ices. This t~e of facility shall contain
fifteen (I5) or more residents, plus resident
supervisors, and shall pe~it all of the lis2 of uses as
pe~itted by Group Care Facilities (Catego~ I a~d
Catego~ IIA ~i.e., adult con~egate living facilitAes,
foster care facilities, the developmentally disabled,
crisis and attention care, displaced adul~ care,
homeless shelters, ment~ healt~ care, offender halfway
houses, spouse abuse care, substance abuse'care, and
youth shelters). [SEE SEC. 2.6.26]
~ ~ accesSo~ st~cture, consisting of a roof
and supporting me~ersA such as col~s or ~ams, -not
enclosed from the ground to the roof on at leas2 two ~
sides...
~ Certified sudsy, map of
sketch of sudsy, plat of sudsy, right-of-way s~ey,
or other similar titles shall mean any ~awing 9f a
parcel or tract of real prope~y used for ~e p~ose of
depicting ~e results of a field s~ey. Each
drawing shall state ~e t~e of sudsy.it depi~s as
defined in ~le 21, MinAm~ Technical Standards, and
certified~professional land su~eyor.
~~ establis~en2 which provides for
the care, protection, and supe~ision o~ a childT for a
period of less ~han ~1241 hours a day...
~~ institution
that people re~larly attend to participate in or hold'
religious se~ices and other related religious
¢:' ';'i '
'055 3' 8'
":' 800K
Sta££ Side Sheet
,,, activities. Other religious activities ~hat maybe
.~ conducted by churches or places of ]L~l~tJ~worship
include on=site child care...
~A riqht-of-~ay within a block dedicated
.. the public usa, ten ~ (10~) feet or more in width,
intended primarll2 for pedestrians and from which
· otor~ropelled vehicles... .
~l-de-sac~Dead ~d Street: A ~inor stree2 wl~ only
one ~ ou~le~ te~lnakinq a~ one ~ end wi~ a
D~E ~ SP~CE B~ b. & c. ~ DEFICX~
SECH~:
~~ se~lca facility where fo~s such as
meats, sandwiches, cheeses, salads and fish are prepared
and sold or where these foods ara sold In a read,-to-eat
state no~all~ for offf-premises cons~ptAon.
cons~ption is allowed as an accesso~ use where ~e
sea2inq is provided for ~10~ ~s2omers or less.
~stomer seating above~10l would make ~e ~siness
a restaurant.
- - · ~
tha~ includes a ~ive-uR or ~lve~ se~ice...
~~y building, or park ~ereof, inkended,
desi~ned, used or oc~pied in whole or in pa~ as
residence or living ~a~ers of one.or ~ora
~A dwelling unit which
accessed from an interior co~on space in a ~ilding
consisting of more ~han one ~ d~ellinq uni~...
- · A ~oup of t~ea~ or more
dwelling units wi~in a single conven2ional building,
aktached side bM side, or one ~ a~ve snorer,...
d. ~y multiple-familM dwelling in which dwelling
units are available for rental for perils o~ less
~han one ~ week...
~ · A radius
· ~1 miles from a respective ~ower unless a lesser radius
has ~en approved.
~~e removal of an~ material to a dep~
~reater than~~3~ feet ~low existing ~ade
over any area. or ~~l~ fee~ bal~ existing
~rade over an area greater
s~are fee~.
Staff Side Sheet
Family Day Care Ho~e~
(a) A family day care home =ay care'for a =axi=u~ of
five (5) preschool children from =ore than one fl~
unrelated family and a ~axim of five (5)
elemanta~ ~chool ~iblings of ~e pre=chooler=
care after ~chool ho~s. ~e ~xia~ n~r
five iS) preschool chll~en.,. ·
(b)~en ~e h~e Is licensed and provisions are
for s~stitute care, a family day car~ h~
care for a =axi~ of five (5) preschool chil~en
from ~or~ ~an
(c) ~en ~e home is-licensed and provisions are ~ade
for s~stitute care, a family day care home
care for a =axi~ n~er of s~ven (7)
school children fro= ~ore ~an one ~ ~elated
family receiving care after school hours.
Preschool children shall no2 be in care in ~e
home. The total n~her of ele~enta~ school
children in ~e home ~ay no2 exceed sev~n itt
this para~aph.
Flaaaina ~Sea ~rtles);'~e cle~'delineation of a sea
t~le nest by placing three i3) or ~ore stakes in the
~round aro~d, bu2 no2 in~ ~e nest and co~ectinq~e
stakes ~1~ colored su~eyor flagging tape.
Floor Area~ ~e s~ of th~ ~oss horizontal areas
several floors of a building ~easured fr~ ~e
faces of the ~ertor ~alls or from ~e cent~rline
co~on ~alls separatinq t~o f~) buildinqst excluding
attic areas ~ith a headroom of lees than seven fee~ (7~)
~eet, enclosed or unenclosed stairs or fire escapes,
elevator st~ctures, cooling to,ers, areas devoted
air conditioning, ventilating or heating or other
building ~achine~ and e~ipmen2, parking st~ctures,
and cravl space ~here the ceiling is not =ore than an
average offorty-eiqht~ (48~) ~ehes a~ve the
general finished ~ade level of the adjacent potion
~e lot, excep2 as ~ay~ othe~ise indicated in
relation to pa~i~lar districts and uses.
~ontaae: ~e length of the prope~y line of any
premises along a stree2 on ~hich It
Horizontal Condominium Parcel~ A cond~lnl~
as defined in Sec. 7~8.103(11), Florida Statutes, as
a~ended, ~hich is sub, eot to the exclusive operation and
a~inistration by a single condo~ini~asociation~ or a
~A cooperative property,
ae defined in Sec. 719.103(11), Florida Statutes, as
a~ended~ which ts subject to ~he exclusive operation and
administration by a single condomintu~ association, or
~ t~o=d~ensional coopera2~ve unit as defined ~n Sec.
7~9.~03(14)~ Florida S2a2utes, aa ~ended~
refe~ed ~o as a land condominl~,
~~ild[nq or ~oup o~ bulld~nqs hav~nq
facilities for over-n~qh~ care of one~ or
~A ~tatement des~lb~ng ~e
~ of ~e proposed develo~en2 upon ~e economic,
social, enviro~ental~ and physical resources
of the county and the area proposed for develo~en~.
~vel d~ay/~igh~: A day/n[ght~1241 hour
average sound level... ·
~~ indicator of ~e e~en~ or
degree of se~ice provided by, or proposed to be
provided by, a ~lLc Facility based on...
~A lot located at-~%'Lnterse~Lon of two
~ or more streets. A lot abutting a ~ed street or
etreets s~all be considered a corner lo2 if straight
lines dra~ from ~e fo=emos2 points of ~e Bide lo~
lLnes to the foremost porn2 of ~e lo2 ~eet at an
interior a~gle of less than ~
~135~ degrees.
~ ~e front of an Inter,or lot Li const~ed
to be the portion neares~ ~e street. For ~e p~ose
of dete~LnLng yard retirements on corner lots and
through lots, all sides of a lot adJacen~ to streets are
to be considered frontage, and yards shall be as se~ out
In this ~n~ed ~nd Develop~en=
~A lot other than a co,er lot, vl~ only
one ~ frontage on a street.
· Width of a lot shall h
considered ~o ~ the average distance ~tween straight
l~nes connecting front and rear lo2 l~nes a2 each
of the lo~, measured as straight lines ~tween ~e
foremost points of the Bide lot lines Ln front (where
they intersect with the atreet line) and ~e
rea~ost points of the side lot lines Ln the rear,
provided however, that the width between the Bide lines
at their foremost points Ln the front shall not ~ less
than eighty ~ (80%) ~e~ee~t of the red,red lot
,0o, F.,56P, :35!
' width, except in the casa of lots on the turning circle
of a cul-de-sac when
': requirement shall not apply...
~ A lot other than a corner lo2, with
.. frontage on more ~an one ~ stree~. ~ough lo~s
a~tting ~o ~ streets may ~ refined to al d~blm
frontage lots.
~~ roof ~a2 has two (2) slopes on all
fo~ ~ aides, wl~ ~e l~er slope steeper ~an ~e
upper.
· As defined ~ the
U.S. Census~ one ~.or more an=ire
economically and socially Antedated ~a~ have a large
population center which ~eets ~e following
a. One ~ central city with ~150,0001
i~abitants or more~ or
b. A central city with a~ least ~
125,0001 l~abitants provided:
c. That ~e city's population taken t~e~er
of conti~ous places to,als a~ leas~
150,0001 i~abitanta and cons~ltutes~ for general
economic and social, p~ses= a single c~nity~
and
d. ~at ~e co~ty or counties An which ~ese places
are located have a~'leas~ ~
175,0001 i~abitants.
~ A development made up of a co~lnation of
uses usually found in separa=e districts. ~amples of
mixed uses Eay incldue= two ~ or more t~es...
~~e premises where mobile homes are
parked for no~transient living or sleeping p~oses...
~A lo2 or parcel of ~o~d wi~in a
mobile home park or su~ivisionF desi~ated for
acco~odation of not more than one,mobile home.
~~e premises where ~obile homes
are parked for non-~ransient living or sleeping pu~oses
and where lo2s are set aside or offered for sale for use
by mobile homes for living or sleeping pu~oses
accordance wi~ the ~n~*ed ~nd Development
including any land, .building, structure, or facility
used by oc~pants of mobile homes on such ~remises.
'. Staf£ Side Sheet ':~:'
Mult~le Occupancy: A Parcel of proper~y, or parcel of
contiguous properties, existing as a unified or
coordinated project, with a building or Muildings
housing more ~han one ¢1~ occupant.
Nesting Zone ~Sea ~ur~les~: ~he region ex~cending from
~he mean high tide mar~ to ~De hundrAd £eet ~X00'_~ ~ee~
landward of the ~eginming o~ ~he d~e vegetation line.
~or ~achea wi~ou~ ~e vege~a~ion, ~e nearing zone
will e~and three hundred fee~ ~300~
Park Model ~ravel ~a~ler: ~ ~ranspor~a~le~l~ which
Duil~ on a aingle..chassia and ia deai~e~ ~o provide
· easonal or ~empora~ living ~ar~era when connec~e~ ~o
utilities necaa.a~ for opera,ion of installed ~i~urea
and applicancea. ~e ~o~al area o~ the uni~ in a ~e~up
mode, when measure~ ~rom ~he exterior ~urface or ~he
exterior s~ud walls a~ the level o~ maxim~ dimensions,
no~ includin~ any MaM window~ does no~ excee~
hundred eighty ~4S01 a~are fee~.
Parking. Stacked:.~e parXing of mo~0r vehicles in ~uch
a manner tha~ par~e~ vehicles maM no~ have ~ire~ access
to the puDlic righ~-of-waM or open
in~ernal access drives ~o and ~rom~e
righ~-of-waM wi~ou~ moving one-~or more ad~acen~
vehicles.
~blic ~ater System: ~ ~em for~a provision
public o~ piped wa~ar for h~an cons~p~ion, if such a
system has a~ leas~ ~i~teen ~XSl ae~ice connections
re~larl~ .e~e= a~ leas~ ~wentv-five ~25~ individuals
daily a~ leas~ si~v ~601 days ou~ o~ the Meat.
Recvclin,: ~e recove~ o~ useful.material~ ~rom ~he
waste s~ream and reintroduction o~ such ma~eriala ln~o
the production s~ream via a
Removal of Exotic Ve~eta~ion= ~e phM~ical Eilling or
des~c~ion o~ ~xo~ic V~ege~a~ion~ ~i~ ma~ include
approved herbiciding with ~e dea~ vegetation ~emaining
in place.
Resource ~ecove~ facility: A place where ~he ma~erials
reclaimed a~ a ~rans~er S~a~ion, and in a~di~ion
scrap, salvage~ seee~-~am~ secondhan~ ~uil~ing
materials an~ o~her const~c~ion =i~e waste, are
processed ~Y cleaning, shredding, chipping, ~inding,
milling, c~shing or other similar processes to crea~e
the raw materials used h~ indust~
a ~inished produc~. ~ose activi~ie=
conducted a~ a ~ransfer S~tation maM also ~e conduc~e~
:~:. Staff Side Sheet ..
at these facilities. This definition does not include
the processing of used, discarded, or salvaged
incidental to manufacturing activity on the same site
where such Processing occurs. Also excluded from this
definition are automoblle wreckinq yards.
- · A fast=food facility with one
//1 or more drive-f, hrouqh lanes...
· Restaurant, Fast-P~ood: An establishment where food is
prepared and served to the customer in a
ready-to-consume state for consumption either within the
restaurant building, outside the building but on the
same premises, or off th~fpremises and having any
combination of two (2] or more of the following
characteristics:
d. A kitchen area in excess of ~IS0%I of
the total floor area.
Restaurant, Sit-9~o~n: A restaurant where food is
ordered from a menuA normally while seated at a table~
and where table service, is provided. Cafeterias are
deemed sit-down restaurants for the purpose of this
~n~f~ed Land Development Code.
- · A fast=food facility with one
or more walk-up windows. This ty~s of facility has no
indoor seating or drive-~hrough WindoWSA but may have
outdoor seating.
~A measurement of the
-- speed of oscillation of the particles of a medium when a
shock wave travels through the medium. The Resultant
Peak Particle Velocity shall be calculated as the vector
sum of the peak particle velocity in three f3~ mutually
perpendicular planes of motion a~ any one fl} instant in
time.
.. ~L~A trapezoidal area tmder~sat~ the
&~ne=-edqe J/HI{X--F~Lq~ of any runway approach surface
where tha~ surface is f~J,y_f~_~l$O~_~.~es% or
above the runway elevation. The Runway Clear Zone
begins at the end of each primary surface, and ~s
centered upon the extended Rk'u~way ~enterl~n~.
~A school for such ac~v~es
artT~ bartending?~ businessA general?~ cler~calA
Including court reporting?£ secretarial and similar
areasr£ computer and data processing?~craftsrl dance
instructions, including folk, tap, balle~, modern~ and
ba½~-~eemballroomT£ driving school, ,automobile and
motorcycle only~?£gyuu%aetics?~ law, ~ncluding
paralegalTl oriental martial arts?~ real estate,
staff Side Sheet
TITO~RAPHXC~LER~ORS
: including appraisal~'and the like. (IS #and the l~ke"
· : REFERRING TO THE ENTIRE CATEGORY OR REAL ESTATE ONLY?9)
~ A facility that provides a curriculum
er of elementary and secondary...
~A system designed to ser~e
one.L~l, unit... .
~Any sign or sign structure expressly
installed for the purpose of affixing a sign? which
· .. bears no sign or copy for ninety/9_91 consecutive ,ge~
days or moreT£ or for a.pjriod of ninety/9_9~
consecutive ~ee~ days.or more? displays information
which incorrectly identifies the business, owner,
lessor, or pr*ne*p}e~ activity conducted on the
SiteT~ or whichA through lack of maintenance~ become~
illegible, or nearly so?£ or is in a state of disrepair.
Signs displaying an "available for lease" or similar
message, or partially obliterated faces which do not
identify a particular product, service, or facility,
shall be deemed abandoned.
~/I~_~i~A temporary sign such is used to announce
open houses, grand opening~ or special announcements.
~~ul~Lg~Any sign structure advertising an
establishment, merchandise, service, or entertainment
which is not sold, produced,?manfactured, or furnished
at the property on whic~ the sign is located.
~JI~_D~T~L~t~An onxpremises sign giving direction,
instructions, or facility information such as parking or
entrance or exit signs, and which may contain the name,
logo~ service or activity of an establishment.
~I~L~7~LgX~LLAn onxpremises sign of permanent
character indicating the name of two/2~or more persons
or businesses associated with, or'events conducted
upon...
~L~t_~Xg~LA sign having two (2) display
surfaces, not necessarily displaying the same copy,
which are usually parallel and back-to-back and not more
than twenty~four inches (24") apart. Double.faced
signs shall be measured by only one /I1 side if beth
sides are advertising the same business, commodity, or
s~rvice.
~_LD~L~LAny object made of plastic, vinyl, or
other similar material? that~when inflated with
gassers? or airA represents, advertises, or otherwise
draws attention to a product, service, or activity.
· 355
~ "~ ~OOK r~r.
.;'
Staf£ Side Sheet
~j~__~~Any siqnwhich is atkached to a
~ansard=s~Mle rooE wi~ the face...
Sion. ~onco~fo~i~:~ si~ or adve~isinq st~ctura
lawfully in existence within Collier County on the
effec~ive date of th~s eFd*nnnee C~e, which by ~s
height, area, loca~ion, use or st~c~al suppo~ does
not confo~to ~e re~rementm of ~im O~d~nnnee Co~e.
~s def~nit~on shall not ~ const~e~ to ~nclud8 signs
specifically proh~bite~ ~ See~ion-ST00-ef ~s
S~n. Pole: A ~, ~n~epen~ent of supp6~ from any
building, ~at ~s me,tad'on fFee-s%~nd*ng ~
poles or o~er suppo~o.
S~-V-~shaped~ ~o ~2~ s~ngle:faco freestanding s~s
that are Const~cte~ in the fo~ of a nVu when v~ewed
from above, 9rov~ed ~e ~nte~al anglo at ~e apex ~s
no~ more than ninety degrees (90), an~ ~e two ;2~
faces are ~o~ sogarated.by ~ora ~an s~x ~nchos (6") at
~e apex.
DELVE ~ SPACE B~ SIGN, ~I~ & SIGN, W~ OR
FASCIA
attached to, or visible t~ough a windowA excluding
~splays of merchandise, and shall not exoee~
twen~y-f~ve Derce~ (25~). peFeen~ of ~e to,al w~ndow
area in the same vertical plane a~ ~e s~e floor level
on the side of ~e building or ~t upon wh~ch~e s~gns
are dis91ayed.
~in~le Oc~Dan~: A parcel of property ex~st~ng as a
single 9roJe==, with ~ebuilding 'or build~ngs housing
only one ~1l oc~pant.
~te Alterat~on~ ~y modif~cat~on, change~ or
transfo~a~ion of any port,on of a lo~ or parcel of land
~nclud~ng, bu~ not limite~ to, ~e removal, d~splacement
or relocation of trees, plants an~ vegetat~onTl~e
ad~i~ion, d~st~ban=e, or removal of ea~ materials;
~e creation, retention, or relocation of ~a~nag8
courses or water areas.
Site Alteration Plan: A ~aph~o representatio~A along
wi~ sugpor~ive ~nfo~at~on and data~ depicting ~e
~ntended site altera~ions.
S~te Development Pla~ A~aph~o representation,
t~ether with suppor~ivo ~nfo~at~on and dataA~at
clearly depicts the pro~ose~ project on a particular lo~
or parcel of land...
i'~ staff Side Sheet
TYPOG'AA~KICAL Z3t~O~B
'i" -: ~C~~~-~Y street des[~ated to se~e ~ore than
one ~ proper~ o~er, vh[ch mus~ ~ ded~ca2ed ~o the
public and ~ accepked B~ the Board oE Counk~
co~iss~oners.
~D~E FI~T DEFINITION SINCE IT IS A
D~LI~TION OF ~E SECOND~ ~C~E FIRST
~~y repair, recons~on, or
improvemen= of a s~, ~e estimated cos~ of which
e~als or exceeds ~ (50%) pewees% ot ~he
marke2 value...
~A departmentalized self-se~lce retail
marke= which primarily sells fo~ ~tems, ~t also may
sell household ~tems, personal ~temi and other
merchandise. A supe~arket ~ to be d[s2~n~shed from
a groce~ store on the bas~s of scale, being usually
~120,0001 s~are fee2 or larger In size,
and the broader mix of goods and seduces.
~A se~ce facility where
foods such as pizzas, oriental fo~, y~,
products, heal~ fo~s, candy and popco~ are prepared
and sold or vhere ~ese foods arJ ~old ~n a ready-to-eat
s~ate no,ally for off-p~em[ses cons~pt~on. On-s~te
cons~gtion ~s allowed as an accesso~ use where
seating ~s provided for ~ 1101 ~stomers or less.
~stomer seating a~ve~il01 would ~e ~e bus,ness
a restaurant.
Test Hole or Tes2 Boring or Foundation Hole= ~I~
H~ING SHO~ BE ~IN~, N~ ~ ~RTIONS OF IT
~~y mechanism used to re~la2e
traffic, such as ~avemen~
Trailer, Camping or Pop-e~ut= A wheeled conveyance...
~A veh~lar, potable st~ct~e bull=
on a chassis, des~ed to ~ used as a te~ra~
dwelling for travel, recreational and vaca=~on p~oses,
which: (1) is iden~ified ~ ~e ~nufa~er as a travel
trailer; (2) does not exceed ~14801
s~are feet ~n ~oss floor area.
~A place fo= reclaiming of re~clable
ma=ertals by collecting, receiving, ~or~ng, ba~l~ng and
othe~ise prePar~ng these materials for transfer or sale
to a Resource Recove~ Faclll2y. With the exception of
nonferrous material, this activity does no~ ~nclude the
reclaiming of any scrap, salvage,
Staff Side Sheet
TYPO~RAPHIC~L~RRORS
building materials or other construction site waste,
Junk automobiles, or seee~d-hamd ~ automotive
parts.
~ eha}~-mea, aah area of
land where travel trailers, park models and other
recreational vehiclesA with or without a fixed motor
vehicle wheel Basel may be located and which
recreational vehicle may exceed an a~ea of two hundred
end forty (240) square feet.
~A self=supporting woody plant of & species
normally growing to a mature height ofat
fee~ (201) ~eet and a matVre spread of a~ least fifteen
fee~ (151)
~ The total annual adjusted gross
household income which does not exceed~
150%~ ps=semi of the median annual adjusted gross
income, as published...
DELETE EXTRA SPACE BETWEEN VIABLE WETLAND & VISUAL
RUNWAY
Yard.' The required open space, ~noccupied and obstructed
by any structure or portion of a str~cttlre from thirty
~nches (30~) &,shes above the general ground level...
THIRD PARAGRAPH=
In the case of through lots, ttnless the prevailing front
yard pattern on the adjoining lots indicate otherwise, a
full depth front yard shall be provided on all
frontages. Where one ~1} of the...
FIFTH PARAGRAPH=
Where lots in residential districts comprising forty
percent (40%) or more of the frontage on on9 ~1~ side
oft a street...
yu~r~[~.de:DELETETHE EXTRA SPACE BETWEEN THEFIRST &
SECOND PARAGRAPHS
SEC. 5.14.3.1 The Board of County Commissioners shall appoint
one ~member from each of the following
categories:
1. History;
2. Archaeology;
3. Real Estate, Land Development, or Finance;
Staff Side Sheet
~ TYRO~t~IC~L
~ : 4. ~rchitecture, Enqineerinq, Bulldinq
'~ Construction, & and landscape Architecture~
B. Law or Urban Planning.
The two ~2~ remaining positions shall be filled by
" citizens at large.
SEC. 5.14.3.3 Initially, two~2~members shall be appointed to
one-year termstA two,members shall bi appointed
to two=year termsA and three f3~ members shall be
appointed to three=year terms. After
appointments, all appointments shall be made for.
three f3~years. A:.Preeervation Board member shall
be eligible for reappointment, but shall bi
to two/j~consecutive terms. Members of the
Preservation Board shall serve without
compensation. Prior to the expiration of hie or
her term, a member of the Preservation Board may be
removed from office by a majority vote of the Board
of County Commissi~ners. A K~ember of the
Preservation Board shall be automatically removed
if he is absent from two //1 consecutive meetings
without a satisfactory excuse ora in the
alternativeA if he is absent from more than
one-fOurth ~ 9f the meetings An a given
fiscal year. Members shall be deemed absent from a
meeting when they are not present during at least
. v - '(75%) of the meeting. The
Board of County Commissioners shall fill the
vacancy by appointment.
SEC. 5.14.4.1 The members of the Preservation Board shall elect a
chairman and a vice-chairman for a one-year term
each. The chairman shall preside at all meetings
' and shall have the right to vote. "The
vice-chairman shall preside An the aheeence of the
chairman. The chairman and vice-chairman may be
re-elected for an additional one=year term each,
but may not serve for more than
consecutive years.
sec. 5.14.4.2 Collier County shall provide adequate staff to
allow the Preservation Board to perform its duties.
Staff shall consist of at least one ~1~ person rom
Community Development Services Division and one
clerical person who~ shall be responsible for
recording and transcribing the minutes of all
meetings of the Preservation Board.
Staff Side Sheet
· SEC. 5.14.4.5 The Preservation Board's meeting agenda shall be
published the Sunday prior to the scheduled meeting
in a newspaper of general paid circulation in the
e~ounty and of general interest and readership in
the e~ommunity. The ad maybe placed where o~her
legal notices appear.
SEC. 5.14.5.2 To create & map delineating the.areas of
archaeological and historial significance which
shall be subject to approval, by resolution, of the
Board' of County e~ommissioners. -This map shall be
known as nTha Map of. Areas of
Historical/Archaeo16~ica1 Probability# and shall be
completed within one /11 year from the data of the
first meeting of.the Preservation Board.
SEC. 5.14.5.3 Maintain and update the Map of Areas of
Hist~rical/Archaeological Probability at intervals
no= to exceed five /~_~ years...
SEC. 5.14.5.5 To seek assistance'and advise advice on technical
related matters requiring professional expertise?£
DELETE EXTRA SPACE BETWEEN SEC. 5.14.5.5 & SEC.
5.14.5.6
SEC. 5.14.5.6 To maintain a maste~ fi1& of sites, dis~icts,
s~m=~ed ~, buildings...
SEC. 5.14.5.8 To increase the awareness of historic and
archaeological preservation and its comm~nity
benefits by PRromoting public education programs~
SEC. 5.14.5.9 To apply for, in the name of Collier County only,
gran= assistance from state, ~edaral or private
sources for the purpose of furthering historic and
archaeological preservation subject to approval of
the Board of County Commissioners?~
SEC. 5.14.5.12 To identify criteria for determining the potential
location of historical~archaeolog~cal sites which
shall be used by Project Review Services during
site inspection~£
SEC. 5.14.5.14 To issue Certificates of Appropriateness based on
criteria outlined in the U.S. Secretary of the
Interior~s #Standards for Rehabilitation~ 36 C.F.R.
67 (1983), as amended, and incorporated by
reference herein?~
SEC. 5.14.5.15 To design an application for an
Historical/Archaeological Survey and Assessment
waiver request~£
SEC. 5.14.5.17 TO desig~ an application for ~es~a~on of
specific sites, districts, s~ct~el, ~ildings,
a~d prope~es as h~stor~cally/archaeol~cally
SEC. 5.14.5.18 To perfo~ any o~er f~ction or duty assi~ed by
the ~ Cowry Co~ission~.
~? ~56 3'61
) 800KPAGr~
~' Staff Side Sheet
~:~:,~. SEC. 2.1.2 SECOND PARAGRAPH=
This Code intends to accomplish and to provide for
efficiency and economy in the process of future
development end redevelopment~ appropriate use of land;
preservation, protection, conservation, and development
of the natural resources of landw water and air;
convenience in circulation of traffic for ~hl transpor~
of people, goods, and commodities?£ prBtection...
SEC. 2.1.4 ESTABLISB]~Et~T OF OFFICIAL ZONING ATLAS. The location and
boundaries of the zoning districts established in this
Code shall be set forth and~ehow~ on the e~fficial
eZoning aAtlas oF Collier COunty which is incorporated
by reference into this'Code as if fully described and
set forth herein. The'district symbol or symbols as set
forth in this Zoning Code shall be used to designate
each district on the e~fficial s~oning carles.
SEC~ 2.1.4 THIRD PARAGRAPH=
A copy of the e~fficial eZoning aAtlae shall be
located...
SEC. 2.1.5 AMENDMENT TO THH OFFICIAL ZONING ATLAS. If, pursuant to
the terms of this Code and the applicable Laws o£
Florida, amendments are made to the districts,
boundaries, or other matters port~k~ed on the e~fficial
m~oning aAtlas, such amendments shall be entered on the
e~ffictal eZoning aAtlas by.the Development Services
Director within twenty (20) days after amendment.
Failure to so enter any such amendments within twenty
(20) days shall not affect the validity of any such
amendments. However, no amendment to this Zoning Code
which involves a matter portrayed on the Official Zoning
Atlas shall become effective until such change and entry
has been made on the Official Zoning Atlas in the manner
herein established. Each amended page of the eQfficial
e~oning e~tlas shall contain an entry which reads as
follows: ~On , 19 , by Ordinance No. __,
the following amendment"~were--made to the e~fficla~l--
s~oning aAtlas: [include brief description of nature of
amendment]," which entry shall be attested by the Clerk
of the circuit Court.
SEC. 2.1.6 UNAUTHORIZED AMENDMENTS TO OFFICIAL ZONING ATLAS CRC ODE
PROHIBITED. No changes of any nature shall be made in
the e~fficial e~oning eAtlas or any matter...
SEC. 2.1.7 FINAL At~HORITY OF OFFICIAL ZONING ATLAS AND CODE.
Regardless of the existence of purported copies of the
e~fficial eZoning aAtlas or other parts of this Zoning
Staf£ Side Sheet
.~ Codew which from time to ~ime may be ~ade or published,
the e~fficial e~oning a~tlas located in the Office of
~he Clerk shall ~ ~he final au~hori~ as ~o ~ha
zonin~ of all land and wa~er in uninco~ora~ed Collie~
.' Co~7~ and ~e Zoning Code...
SEC. 2.1.8 ~XON OF ~X~ Z0~XN~ ~S OR A~SES. ~11 zontn~
~aps or a~lases~ o~ ~emainin~ po~ion~a~of, which
' have had ~he force and effec~ of official~zonin~ ~aps
a~lases for Collie~ Corem p~lor ~0 ~e effe~lve da~e
of adoption of ~is Zonin~ C~e shall ~ ~e~ained as a
public reco~d as a ~ide ~O~e zonin~ s~a~us o~ lands
and wa~ers prior ~o such da~e. Upon ~he da~e of
adoption o~ ~ls Zoning C~e, the i~edia~alM prior
e~fficial ~onin~ ~las o~ ~ha~ da~e shall ~
micro~llmed and such filmed record re~ained pe~anen~l~
in a place separate f~om ~he original~ p~ior e~fficial
· ~onin~ ~las.
SEC. 2.1.9 ~P~C~T OF OFFXCX~ ZOHX~ ~S. Xf ~a ~fficial
s~onin~ ~las, or anM pa~a of potion ~ereof, ~comes
damaged, los~, des~roMed, or diffl~l~ ~o in~e~ra~ b~
reason of ~he na~e or n~er o~ changes~ ~a Board
County Co~issioners ma~ bM ordinance adop~ a new
e~ficial ~onin~ ~las~ o~ an~ pa~e o~ pages
which shall supe~eseda ~a prio~ ~fficial ~onin~
~las or pa~e o~ pa~es ~hereo~. 'The new e~fficial
sZonin~ ~las, or page or pa~es ~ereo~, ~aM co~ec~
draf~in~ or o~er errors o~.omissions in ~e
~icial z~oning ~las, or pa~e or pages ~ereof, bu~
no such correction shall h~ve ~e effec~~ of amending~e
original eOfficial ~onin~ ~las, or page o~ pa~es
~hereof.
Xf in ~he process of adopting a ~eplacemen~ ~fficial
z~onin~ ~las, o~ anM pa~e or pa~es thereof, dis~lc~
boundaries are chan~ed o~ al~ered~ ~en action in ~e~a~d
~o such change of dis~ric~ bounda~ies shall ~ ~aken
0nlm in ~e fo~ of an~en~en~ ~0 ~is Zoning C~e.
~e eOfficial s~onin~ ~las, o~ potion ~e~eo~ shall
~ authenticated as fo~e o~l~lnal~ wi~wo~din~
~e following e~fe~: ~is is ~o ce~lfM ~a~
~fficial zZoning ~las (o~ pa~e or pages ~ereof) b~
Ordinance No. da~ed X9 ~ ~eplaced
oOfficial zZon~las ~
(or pa~e or pa~es ~hereof)
adopted ~ X9 ~ as par~ o~ Ordinance No.
~he Cou~M o~llie~ Florida.~
Unless ~he prio~ ~ffictal z~oning a~las has
~o~ally des~roMed, the p~io~ ~fficial zZonin~ ~las
Staff Side Sheet
TY~HZCL~
any significant parts thereof remaining shall be
preserved as a public record, together with all
available records pertaining to its adoption or
a~endment.
· SEC. 2.1.13 No lot, even though it may consist of one,or more...
e
SEC, 2.1.81 (2) If such PRrovisional ~llse is not provided for
. SEC. 2.2.1.2.1 (1) D~r.~TEUNDERLININGUNDER "GOLF COURSES.#
..:.'g
SEC. 2.2.1.4.11 Landscaping. As required in B~v*s~enD[v. 2.4.
sec. 2.2.1.5 signs. As 'rs~lred in Dlv*s~en Div. 2.5.
SEC. 2.2.2.2.2 (4) (a) Agricultural packing, processing or similar
' facilities shall be located on a major or
minor arterial street, or shall have access
to an arterial street by a public street tha~
does not abut or ts not located within any
properties zoned RSP-~--RSF-1. RSF-6,...
SEC. 2.2.2.2.2 (8) (a) Receipt of a temporary use permit from the
Development Services Director pursuant to Div.
2.6.33, that allows for use of a mobile home
while a permanent single:family dwelling ts
being builtl
(b) Assurance that the temporary use permit for
the mobile home ~ill expire at the same tLme
of the building permit for the single_-family
dwelling,, or upon the completion of the
einglezfamily dwelling, whichever comes
first~ and~
(c) Proof that prior to the issuance of a final
certificate of occupancy for the singlexfamlly
dwelling, the mobile home is removed from the
premises.
SEC. 2.2.2.3 (5) Aquacultm:s for non-native or sxotia species~
subject to State of Florida Game and Fresh Water
Fish Commission permits.
SEC. 2.2.2.3 (7) Private landing strips for general aviation, st~bJect
to any relevant s~tate and ~ederal regulations.
SEC. 2.2.2.3 (14) (k) ~le Plant complies with all s~tate and
~ederal standards of performance for Portable
Asphaltic Concrete Batch Plants.
Staff Side Sheet
~" SE~. 2.2.2.3 (16) Group Care Facilities (C~tegor~ X and II)~ Care
Unitse~and Nursing Homes~ subJec~ to Sec. 2.6.26.
., SEC. 2.2.3.X Purpose and lnten~. ~e p~osa and in~ent oE the
' Estates District (E) is to provide lands for low
density residential develo~ent ~n a eem~-~ral
enviro~en=, w~ l~mited a~l~al a~ivit~es.
. In addition to low density residential develo~ent
with l~mited a~lt~al activities, ~e E D~str~ct
~s also desired to accm~ate as condit~onal uses,
develo~ent ~at provides se~ces for and ~s
compatible w~ ~e lo, density residential,
semi-~al and ~al character of ~e E D~str~ct.
~e E D~str~ct co~esponds to and ~mplements the
Estates land use desk,at,on on ~e ~ture ~nd Use
Map of the Collier County Gr~h Management Plan,
although ~n limited ~nstances, ~t may oc= outside
of the Estates land use designation. ~e max~m~
density pe~ssible ~n the Estates ~ D~str~ct shall
be consistent...
SEC. 2.2.3.2.2 (3) Keeping of f~l or poult~, not to exceed
twentylf~ve (25) ~n total n~er...
SEC. 2.2.3.3 (5) Group Care ~Zacilitie~ (Ca~ego~ I and II)7 Care
UnitsT~ ~ N~s~ng Homes~ subject to Sec. 2.6.26.
SEC. 2.2.3.4.2 Hinim~ ~t W~d~. On~ h~ed a~d f~fty feet
(150').
SEC. 2.2.3.4.3 (2) S~de Yard. ~rty feet (30~)~ except for legal
non-confo~ng lots of record~ which shall ~
computed at ~e rate of ten ~ (10%) pe~eemt of
the w~dth of the lotA no~ to exceed a max~
retirement of th~y ~ (30~}
SEC. 2.2.4.2.2 (2) Private beat-heHses ~ and docks, subJe~ to
Sec. 2.6.21.
(4) Recreational facilities ~at se~e as an ~nte~al
part of a res~dential develo~ent and have
desolated, rev~ewed and approved on a
development plan or su~v~s~on master plan for that
development. Recreational fac~lit~es may ~ncludeA
but are not limited toA golf course...
SEC. 2.2.4.3 (7) Group Care Fac~lit~es (Catego~ I and II)$ Care
Units~ and Nursing Homest~ subject to Sec. 2.6.26.
SEC. 2.2.5 RESIDENTIAL HSB?E-PAM~L~ ~/L~-6 DISTRICT (RHF-6)
SEC. 2.2.5.2.1 (3) Multiple~family dwellings.
Staff Side Sheet
SEC. 2.2.5.2.2 (2) Private beat-he, see ~ and docks, subject to
Sec. 2.6.21.
(4) Recreational facilities that eerve as an integral
"' parc of a residential development and have been
designated, reviewed and approved on a site
development plan or eubdivision~aeter plan for that
developmept. Recreational facilities may include,
but are not limited to, golf course,...
SEC. 2.2.5.3 (6) Group e~are fEacilities(Category I and II)~ Care
Units~ and Nursing Hames?, subject to Sec. 2.6.26.
SEC. 2.2.5.4.4 (1) DELETE UNDERLINING OF "PRINCIPAL STRUCTURES"
(2) DELETE UNDERLINING OF "ACCESSORY STRUCTURES#
Accessory Structures.
SEC. 2.2.5.4.7 (2) Multi-familM dwellings, in conformance with the
development standards of the IVfF-6 district~ except
non-conforming iota of record need~
hundred i6,5001 square feet...
SEC. 2.2.5.4.8 Minimum Floor Area: ~_~17501 square
feet.
SEC. 2.2.6.2.1 (4) Single=family dwelling u~its for existing
non=conforming lore. ·
SEC. 2.2.6.2.2 (2) Private bea~-he~ses~ and docks, subject to
sac. 2.6.21.
(3) Recreational facilities that serve aa an integral
part of a residential development and have been
designated, reviewed and approved on a site
development plan or subdivision master plan for that
development. Recreational facilities may include,
but are not limited to, golf course,...
SEC. 2.2.6.3 (7) Group Care Facilitiear (Category X and XI), Care...
SEC. 2.2.6.4.2 Minimum Lot Width. One hundred an~ fifty.feet
(XS0').
SEC. 2.2.6.4.3 Minimum Yard Requirements. Thirty feet {30') with
one foot (1') of additional setback for each one
foot (1') of height over -~ ~S-~ee%
SEC. 2.2.6.4.7 Hlnimu~ Floor ~rea. Efflcianc~ - ~our h~dr~d
~t~ty (450) s~ara feet~ one be~ee~- ~dro~ -
hundred (600) s~are fee2~ t~o or ~ore'~oo=s -
~even h~dred a~d flf~ (750)
SEC. 2.2.7.2.2 (2) Private ~at-hoases boathouses ~nd docks, subject
Sec. 2.6.26.
(3) Re~eational facilities ~at ae~e as ~ inte~al
pa~ oE a residential develo~ent ~d have,an
desi~ated, revl~ed~and approved on a site
developmenk plan.orsu~ivision ~aster plan for ~a~
developmenk. Recreational facilities may include.
but are no~ limited to, qolE co, se,...
SEC. 2.2.7.~ (7) Croup Care ~ae~tyr~ (Ca~eqo~ X and XX)~
care Uni~s~ ~ursinq Homes, sub~ec~ to Sec.
2.6.26.
SEC. 2.2.7.4.7 Minim~ Floor~eal Efftcien~ - f~'hundred a,d
fifty (450) s~ara feet~ one ~dro~ - six h~ed
(~00) s~are fee~ two or ~ore ~drooms - S~even
hundred a~d fifty (*S0) s~A~e fee~.
SEC. 2.2.8.1 ~ose and ln~en~. ~e p~ose and inken~ of
Residenkial Touris~ Dis~ric~ (RT) is ~o provide
lands for kouris~ a~co~akions and suppor~
facilities, and multiple family uses. ~e ~RT~
.Diskric~...
SEC. 2.2.8.2.2 (~) Private ~at-heases~and d~ks, s~Je~to
Sec. 2.6.26.
(4) Recreakional'facilikies tha~ se~e as an inta~al
par~ of the pe~i~ed use desi~a~ed on a sike
developmen~ plan or su~ivision ~aster plan ~at has
been previously reviewed and approvedr which may
include, buk are no~ limiked to, golE co,se,...
SEC. 2.2.8.~ (4) Group Care Facilikiesr (Catego~ X and XX)~ Care
Units~'and Nursinq Homes, sub~e~ ~o Sec. 2.6.26.
SEC. 2.2.9.2.2 (2) Private beat-he~ses ~ and docks, s~Jec~ to
Sec. 2.6.21.
(~) Recreational facilities ~a~ se~e as an inke~al
par~ oE a residential developmen2 and have ~en
desiqnated, reviewed and approved on a sike
developmen~ plan or su~ivision ~as~er plan for ~hat
development. Recreational facilities ~ay include,
buk are no~ limiked to. ~olf course,...
556 3'67
~i Staf£ Si~e Sheet
!~''. SEC. 2.2.9.3 (8) Group Care Facilities? (Category X a~d IX); Cars
Units~ and Nursing Homes, subject to Sec. 2.6.26.
SEC. 2.2.10.2.2 (2) Private ~s~-haHsee boathouses and docks, subject to
(3) Recreational facilities that serve al an intsgral
part of a residsntial developmhnt and have bean
· designated, reviewed and approvsd on a lite
development or su~ivilion master plan for that
devslopment. Recreational facilities may include,
but ara not limitad..~o, golf course,...
SEC. 2.2.10.6.4 (5) potabls water storage at the rate of ten £101
~a~v~Hn~% g~llons for each unit. divided by two
(7) toilets and showers at the minimum rate of one
· fixture for every forty (40~ units, divided by two
(8) a minimum o~e hundeed forty-four £14~ square foot
locked storage room.
(16) a e~ertificate oE e~ccupancy shall be issued for the
emergency storm shelter before occupancy of the
twenty-sixth (2Sth). unit il. authorized. The shelter
team shall be formed, trained and operational before
a efiertificate o~ eflccupancy il issued for the
shelter.
' SEC. 2.2.11.2 Permitted Uses. The following uses are pgrmitted as
of right, or as uses accessory to permitted uses, in
the...
SEC. 2.2.11.2.2 (3) Accessory uses and structural customarily associated
with travel trailer recreati6nal vehicle parks,
including recreation facllitiesr (both indoor and
outdoor), administration...
SEC. 2.2.11.3 (a) One Camping Cabin per approved TTRVC Blot.
(f) camping e~abin must be constructed of natural wood
materials such as logs, redwood, cedar, or cypress
in order that it may blend harmoniously into the
natural landscape character normally found in an
TTRVC or eamp-qeea~d camnaround setting.
SEC. 2.2.11.4.10 (5) One fl~ parking space per campsite or TTRV lot.
SEC. 2.2.11.4.17 Anchoring/Sewer, Water and Electrical Con~ections.
Park model travel trailers, when positioned on a lot
in this Bflistrlct, must be anchored in accordance
Staff Side Sheet
with the standards set forth iht he
~eb~e-Hema B~e~r~ ~is~c~ and TI'RV¢
District and ,other applicable ragulations~ and
connected...
SEC. 2.2.12.1 ~ose and Intent. ~e provisions of this district
are ~ntended ~o apply to areas located adJacen2 to
highways and arterial roads. ~e C-1 C~erc~al
Professional/~ansit[onal D~str~ct ~s ~ntended
pe~it ~ose uses which minimize pedes~an and
veh~lar traffic. ~ndscap~ng, controlled
and e~ess~ and other restri~ons are ~n~ended to
· inimize fra~en~ Artless and e~ess to ~e highway
from abutting uses. ~e C-1 Dls~ri~ is desired ~o
be compatible with all residen~ial uses as well
as residential uses located along a~erials.
distrtc= la also Antended to apply to those areas
that are transitional, located ~2ween areas of
higher and lower intensity davelopmen= ~a= ara no
longer appropriate for residential development.
uses in ~is distric= are in~ended as an alte~a=ive
to retail, and meet ~a inten~ of ~e C-X Co~ercial
Professional/~ansitional Diskric=. ~ose areas
identified as transi~ional-(~) shall ~ f~er
noted on ~e~ eZoninq ~tlas as C-X/T.
district is...
SEC. 2.2.12.3 (6) (h)Each residentAal dwelling unit shall contain
following minim~ floor areas: efficien~ and one
bedroom - = four hundred fif=y (450) sq~-~t~~
~ two bedroom - = six h~dred fifty (650)
f~ ~~ ~ t~ee bedroom - = nine h~ed
(900)
SEC. 2.2.12.4.1 Hinim~ ~ea. ~enty thousand (20,000)
SEC. 2.2.13.1 ~ose and Intent. ~e p~ose and Intent of
Co~ercial Convience Dis~rict~ la to provide
lands.~.
SEC. 2.2.13.3 (h) Each residential dwelling uni~ shall contain
following minim~ floor areas~ efficien~ ~d one
bedroom - x four hundred fifty (450)
~ two bedroom - = six hunted fifty {650}
fe, ~~ ~three bedroom - = nine hundred
(900) sq~-~t~ ~
(j) A minima'of thi~y percent (30%) of ~e aixed usa
developmen2 shall be main=aimed as open space. ~e
following may be used to sa~isfM the open space
retirements: areas used to satisfy water managemenf
re~irementsrl landscaped areasrl recrea=ion areasrl
Staff Side Sheet
!?. or setback areas not covered with impervious surface
· ~ or used for parking (parking lot islands may not be
used unless existing native vegetation ia
maintained)~
SEC. 2.2.14.1 Purpose and Intent. The purpose and intent of the
Commercial Intermediate District (C-3) is to provide
a wider variety of goods and seFvicesT in areas that
have a higher degree of automobile traffic. This
district is intended to be compatible with
residential areas and is not intended to permit
wholesaling, or activities which require outside
storage of merchandise and equipment. The C-3
~n~e~edAa~e Distri~t...
SEC. 2.2.14.3 (1) Amusements and Recreations Services...
SEC. 2.2.14.3 (4) Mixed Rxesidential and e~ommercial ueee~ subject...
SEC. 2.2.14.3 (4) (b)The commercial uses in the development may be
limited in hours of operation, size of delivery
trucks, and type cf equipment?l
(h)Each residential dwelling unit shall contain the
following minimum floor areas: efficiency and one
bedroom - ~ four hundred f~y (450)
fee~ two bedroom -'= six hundred fifty (650)
~? ~i~~ and three bedroom - m nine hundred
(900)
(J)A minimum of thirty percent (30%) of the mixed use
development shall be maintained as open space. The
following may be used to satisfy the open space
requirements~ areas used to satisfy water management
requirements~l landscaped areas~l recreation areas~£
or setback areas not covered'with...
SEC. 2.2.14.3 (5) Used Merchandise Stores ($932- except pawn
shops...)
SEC. 2.2.15.2.1 (4) Automotive Dealers and Gasoline Service Stations
(groups Sell, 5531, SS41 with services and repairs
as described in See%~en Sec. 2.5.28, 5571, 5599 new
vehicles only)
(13) Miscellaneous Repair Services (groups 7622-7641,
7699 except agricultural equipmeh~ repair, awning
repair, beer pump coil cleaning and repair,
blacksmith shops, catch basin, septic tank and
cesspool cleaning, coppersmithing, farm machinery
repair, fire equipment repair, furnace and chimney
cleaning, industrial truck repair
machinery cleaning, repair of service station
~:,~ Staff Side Sheet
. '::~' T~P0~RAPEICAL ~R3~OR~
eqUil~ment, boiler claan~ng~ ~ns~i~ng~ ~a~o~
repal~)
SEC. 2.2.1~ 1/2.1 ~os~ an~ In~en~. In ad~on to ~ u~ provided
· ' -: in ~e C-4 zoning district,
~1C-51 allows a range of more
co~ercial us~s and se~lces. ~e C-5
pe~l~l hea~ co, arc,al se~c~s such al full
sa~ce automotive repair, and establ~s~ents
primar~ly engaged ~n const~ct~on and Ipec~al~zed
trade ac~v~es such as contractor offices,
pl~,g, hea~ng aD~ a~r conditioning le~ces~ an~
similar uses. ':'
SEC. 2.2.15 1/2.3 (3)Child Day Care Se~lces (83Sl), provAdedA
SEC. 2.2.15 1/2.3 (3) (a) (1) (a) Hazardous Mater~alll - A ~atlrAal
has any of ~e following
i~itable, co~osive, rla~ivt and/or
toxic.
~D SPACE B~ (a) and
(b) ToxAc ~ubsta~ - A I~tancl which
carcin~enic~ ~aganio, ~e~a~enic~
or ~oxic ~o h~an ~ings.
SEC. 2.2.15 1/2.3 (~) .(e) X~ shall provide a minim~ usable open space
o~ no~ lessthan...
(f) X~ shall provide ~ha~ all open spaces
used b~ children will ~ ~unded bM a fence
no~ lass ~an...
(g)X~ shall provide a landscape buffe~
accordance wi~h B~v~s~~ 2.4.
(i) ~era a ~ila Ca~e Cen~e~ is p~oposea in
con~un~ion wi~, and on ~e same parcel
a faclli~M which is a pe~i~ed use,
~e~iremen~s se~ fo~h in subpara~aphl a-h
above, wi~h ~he excep~ion of d and
used ~o provide the pro~ec~ions ~o
children usin~ ~he Child Care Cen~er in~ended
bM ~his s~ec~ion consis~en~ wi~ the
developmen~ o~ ~e proposed pe~i~ed use.
SEC. 2.2.1~.2 Pe~i~ed Uses. ~e following usee, al
within ~he S~andard Xndus~rial Classification Hanual
~,. or as o~he~ise.provided for ~i~h~n
s~ec~ion; are.pe~i~ed...
,V.:
Staf£Side Sheet
SEC. 2.2.16.2.1 (16) Health Services ($01Xr accessory to industrial
activities conducted on=site only).
(24) Motor FreightTraneportation and ~arehousinq
.; 4212, 4213-4225, 4226T except...
(27) Pr~nt~ng~l~sh~ng and All,ed Zndustr~as...
· (33) ~ans~ation ~Alr (~oups 4512-4581T
SEC. 2.2.16.3 (1) ~ld Day Care Se~ces (8351)w& ~
Hazardous Materials~ A materLal ~a~ has
any of ~e followLng
L~Ltable, corrosLve, reactive and/or
toxic.
(b} D~E~ININ~
Toxic Subs~ances~ A lubs~ance which
or LB .suspected to ~& carcLn~enLc,
mutagen~c, terat~en~c, or ~ox~o to h~an
SEc. 2.2.16.3 (3) Co~un~cat~ons (~oups 4812-4899T ~nclud~ng...)
SEC. 2.2.17.3 (7) 0~1 and gas f~el~ developmen= a~d pr~uct~on~
subject to State f~eld development
SEC. 2.2.18.1 ~rpose and Inten~. ~e ~bl~c Usa
~ntended to acco~oda~e only local, s~a~t and
~Eederally o~ed ....
SEC. 2.2.18.2.1 (4) Co,un,cat,on
SEC. 2.2.18.3 (8) Mental health and rehabilitative
for profit.
(12) ~y o~er p~l~c uses which are
~ ~n nat~e w~ ~e forego~g
SEC. 2.2.18.4.3 H~n~m~ Yard Re~rements~- ~e yard re~remen=s of
host restr~c=~ve adjoining d~str~ct shall apply to all
port~ons of ~e s~te w~in ~e-hHm~=e~ ~ feet
(100~) of the adjoining d~str~ct.
SEC. 2.2.18.4.3 Maxim~ He~ght~ ~e height of ~e ~os~
adjoining d~str~ct with~ eme-~d~e~~ fee=
(100~) of such d~str~ct, unless exempted by Sec. 2.6.3..1.
SEC. 2.2.18.4.4 Max~m~ Height= ~e height of ~e most restrictive
adJo~n~mg distr~ct w~th~n ~me-~Hmd~e~~ feet
(100~) of such d~str~ct, unless exempted by Sec. 2.6.3.1.
SEC. 2.2.15.5 $lqns: ~s pe~e~ required ~n Div.
SEC. 2.2.~9.2.1 {5) ~u~ainq ho~es, ~CLFs, femlly care
· group care facility - ICateqor~ IJ~ subject ~o
Sec. 2,6.26,
SZC. 2.2.19.3 (5) Group care facility - l~tego~'II, e~are ~it~
· s~Je~ to Sec. 206.26.
SEC. '2.2.19.4.3 (1) ~ont Yard,A~enty-P~lve feet (25*
(2) Side Yard~A Flft&%nfeet (15~)
(3) Rear Yard,A F~fteen feet (15~)
(4) ~y Yard ~tt~ng a Residential
~enty-f~ve feet (25~)
SEC. 2.2.19.4.4 Minim~ D~stance Between St~ctures= ~enty-f~ve feet
SEC. 2.2.20.1 ~ose a~d Intent. ~e pu~ose and ~n~en2 of
establish~ng ~e Planned Un~2 Development (P~) ~s to
provide proced~es and standards ~o enco~age m~xed used
planned developments ~a= may~ ~nst~tuted
appropr~a=e locations, or pla~ed develo~en~s ~a2 may
or may no2 ~ m~xed use.~n ~e ~ban ~nge ~eas, all
accordance with ~e planning and develo~en~ obJe~ves
of the Co~ty under ~e C~e and the Gr~ Management
Plan. It ~s fu~her the pu~ose and ~ntent of
re~lat[ons to encourag~ ~ngenu~ty, ~nnovat~on abnd
imaginat~on ~n the planning, design, and development or
redevelopment of relatively large ~acts of land
under unified o~ersh~p or control. Pla~ed
9ewe}ep~e~s P~ pr~uced ~n compliance w~ ~e te~s
and provisions of ~s Code...
· SEC. 2.2.20.1 (4) The ~mpact of a pa~lar P~ on ~e present...
SEC. 2.2.20.1 (5) ~e development ~ploys ~e~gs' feat~ng
and excelle~cetn ~e fo~of variations
mixed land uses and/or varied dwelling ~es, as well
as adaptation to and conse~at~on of ~e top~aphy
and other natural characteristics of ~e land
involved. ~cept~ons to variations ~n s~t~ng, m~xed
land uses and/or varied dwelling t~es may be ~anted
on P~ ~nf~ll B~evelopment.
The max[m~ dens~ty pe~ss~ble ~n the
de~e}ep~e~t ~ d~str[ct and ~e...
'*' 373
i ' ~OOl( PAGt
.~.. Staff Side Sheet
" SE~. 2.2.20.2.1 Relation of Planned Unit Development Regulations to
the Gro~ch Hanaqement Plan, Zoning, Subdivision, or
Other Applicable Regulations. Ail applications for
Pta~ed-~t-Beve~epme~to P~'s ehall ~ ~n full
SEC. 2.2.20.2.3 (3)B~nd h~sSuccessors ~n t~tle to any coca,ants made
~der seet~e~ Sec. 2.2.20.
SEC. 2.2.20.2.4 H~n[m~ea Red,red. ~e sinl~ area ~e~red Eot
a P~anned ~a~t-Beve~ep~e~t ~ D~s~r~c2 shall ~ ten
(10) conti~ous acres.'excep~ when located w~in an
Activity cen~er or w~n ~e Urban ~nge ~eas as
desolated on ~e ~ture ~nd Use Map oE ~e
Management Plan where no m~n~um acreage
eust ~ ee~. For lnfill parcels~ as defined ~n
~t~cle 6 and ~he Gro~h Management Plan, ~e
area re,Ired for a P~an~ed-Sn~t-Beve~epme~e
shall be tvo (2) cont~ous acres.
SEC. 2.2.20.~ Development Standards. In add~on to all general
provisions and procedures established ~n Sec.
2.2.20.2~ the following specific re~remen~s,
l[m[tak[ons and standards shall appl~ to all ~
D[str~cts except ~a2 Sec. 2.2.20.3.~ shall no2 apply
~hen ~ere Is no ~es~dent~al componen~ w~n ~e
and Sec. ~.2.20.3.13 ~hall not-appl~ when ~ere ~s no
industrial component in ~e
SEC. 2.2.~0.3.2 (4)Hini~ ~t Width. one h~dred a~ fifty feet
~eet as ~easured at the front yard ~fldin~ line
setback.
SEC. 2.2.~0.~.2 (~) (a) Depth of front yard, ~f~y feet (30~) fe~t plus
one froot (1~) ~eet for each two feet (2~).fee~
building height over ~f~y feet (30~)
(b) Depth of sfde ~ard. Fifteen feet (15~ ~eet plus
one ~ (~) ~eet for each two fee~ (2~) ~el~ of
building height over ~y fee~ (30~)
(c) Dep~ of rear yard. ~l~y~ (30~) ~ea% plus
one foot (1!) ~ee~ for each two ~ (21) ~aa~ of
building height over thirty feet (30~)
SEC. 2.2.20.3.2 (6) (a) If ~ere is a separation ~tween any~o (2)
pr~ncipal st~ctures on the s~e parcel, eaid
separation shall ~ a m[nim~ of f~fteen fee~
(15!) feat or a distance e~al to o~e-half (1/2)
the s~ of their heights, whichever is ~e
greater.
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Staff Side Sheet
SEC. 2.2.20.3.3 Minimum Dimensional Standards Within a PUD. EXcept as
provided for within the Industrial component of this
s~ection, dimensional standards within any tract or
increment of the proposed PUD shall conform to the
" minimum dimensional and other standards of the zoning
district to which At most closely resembles in type,
density, and intensity of use. Wher~ there is
uncertainty, the more restrictive standards shall apply.
Variation from these minimum dimensional standards may be
approved if the PUD demonstrates unique or innovative
design. For purposes of this s~ection, examples of
unique .... :.'f
SEC. 2.2.20.3.8 (3) The cost of such maintenance by such agency shall be
assessed proporti'6nally against the properties within
the p~anned-~-devsAopman~PUOthat have a
'right...
SEC. 2.2.20.3.11 Streets, Drives, Parking and ServiceAreas. Streets,
drives, parking~ and service areas shall provide safe
'and convenient access to dwelling units and pro~ect.
facilities, and for service and emergency vehicles?=
but streets shall not be so laid out as to encourage
outside traffic to traverse the development on minor
streets, nor occupy more th~s required to provide
access as indicated, nor create unnecessary
fragmentation of the development into small blocks,
nor shall streets be.laid out or constructed so as
to...
. SEC. 2.2.20.3.11 (2) All streets or roads within the PUD shall be publicA
unless specifically identified and approved as
private on the PUD Master Plan, and shall comply with
all requirements for streets and roads as contained
in the-ea}E*e~-ee~n~y S~bdEvEs~on-Reg~}at~e~s? Div.
3.2.
SEC. 2.2.20.3.12 Signs.' Limitation&. Signs shall be in accordance with See? Div. 2.5.
SEC. 2.2.20.3.13 Special Requirements for Industrial Planned Unit
Developments. Industrial PUD's ara intended to
implement the the Industrial UnderCriteria
subdistrict as provided for in urban designated areas
on the Future Land Usa Hap. The boundaries of the
proposed PUD must be transitional, therefore,
requiring uses a~ong the perimeter to be compatible
with non-industrial uses. The pro~actmust have
direct access to an arterial street, with an
internal circulation system that prohibits industrial
traffic~from traveling through predominantly
residential areas. The PUD must have central water
and sewer, and shall not generate light, noise or
Staff Side Sheet
TYP0~RA~HIC~L ~tRORS
odors, so as to be incompatible with surrounding land
uses.' =Hinimum development standards shall be as
described within this e~ection ....
SEC. 2.2.20.3.14 (1} When a residential
containing a commercial tract or increment is located
outside of an Activity Center, all commercial
components of.the PUD shall be ~ubJect to all
provisions of the Future Land Use Element and other
elements of the Growth Management Plan. Minimum
development standards shall be aa described within
e~ection 2.2.20.3.
.SEC. 2.2.21.2 Applicability. Th~sa regulations apply to all
properties adjacent to the rights-of-way of
Goodlette-F~anM Road from US 4X to Pine Ridge Road
and Golden Gate Parkway from US 41 to Santa Barbara
Boulevard aa measured perpendicular from the abutting
right-of-way for a distance of %~ee-hund~ed three
hundred and thirtyfeet (330').
SEC. 2.2.21.3.2 Golden Gate Parkway. Fifty feet (SO') for the first
floor of all commercial development, one hundred
faeet (100') for the first floor of all other
development except for properties zoned Estates
District (E), which.shall be ee~baek set back
seventy-five feet (?S').
SEC. 2.2.21.5.2 (1) The minimum landscaping area shall be twenty-five
feet (25') in width'as measured from the right-of-way
lineexcept for einglemfamily homes in the Estates
District (E).' P~av~s~enaA~Jl~i~Aomaluees approved
SEC. 2.2.21.5.3 PUD'S. In certain instances, Planned Unit
Developmente (PUD's) may fulfill the intent of this
s~ection through the implementation of an urban
design concept as an alternative to the landscape and
bufferrequirements. The Development Services
Director shall recommend an exception to this
s~ection be...
SEC. 2.2.22.1 Purpose and Xntent. This e~ection is intended to
apply to those agricultural areas where a mixture of
housing types are found to be appropriate within the
district. It is intended that mobile homes allowed
under this e~ectAon shall he erected only in the "A"
Rural Agricultural District and only when the
requirements and procedures of this e~ection are met.
SEC. 2.2.23.1.5 That in addition to the regulation applicable to land
zoned, ae indicated in the Official Zoning Atlas, the
following regulations ara additionally applicable to
Staf£ Side Sheet
lands in the CountM in the vicinit~ of the ~aples,
Everglades, Harco Xsland and Xmmokalee (Ed Scott
Airfield) Airports as indicated on the Airpor~ Zoning
Haps of Collier County. Lands lying within various
zones as indicated on the Airport Zoning Haps are
subject to the additional regulations of this
e~ection. ·
SEC. 2.2.23.2 LAS? PARAGll~PH ONlY
An A~rea located in Lore than one ~1~ o£ the
described...
~:.'~
SEC. 2.2.25.2.1 The ares is associated with distinctive elements of
the cultural, social, ethnic, political, economia,
scientific, reliqAouse prehistoric or architectural
histor~that have contributed to'the pattern of
histor~ in the community, Collier~¢ounty, the s~tate
of Florida or the ~ation~ or
SEC. 2.2.25.2.10 The area is a property primarily commemo~ative in
&n~e~?whe~s intent, where design, age,...
SEC. 2.2.25.3.1 Applicability. Applications for a specific
development order as described in Subsection
2.2.25.3.2 th~youqh 2.2.25.3.~ deemed adequate
review which have b~en submitted prior.to the
adoption of this s~ection are not ~equirad...
SEC. 2.2.25.~.2 Development of Regional Xmpact (DRX). The Application
for Development Approval (ADA) for the p~oposed DP~
shall include correspondence from the applicant to
?~he Florida Department of State~ Division of
Historic Resources indicating that the DRX is in
~ollier County's Designated ~rea of
Historical/Archaeolo~ical ProbabllitM. ~hs ADA shall
also include an Hlstorical/A~chaeological Survey and
Assessment~ if required by the Division of Historic
Services. Them Survey and Assessment is subject to
review by the Community Development Services
Administrator or his designes~ and...
SEC. 2.2.25.3.5 Preliminax~ Subdivision Plat. Property~nder
consideration for a l~eliminax~Subdivision Plat
within an area of Historical/Archaeological
Probability but not sub~ect ~o requirement 2.2.25.3.2
or2.2.25.~.3 of this Section shall have an
Historical/Archaeological ~urvey and Assessment
prepared bM a Cex~cified Archaeologis~ as defined in
Article 6 to be submitted b~ the applicant with
Prelimin~x~ Subdivision Plat application and is
subject to review bM the.Community Development
s~ervices Admi~istrator...
SEC. 2.3.3.1 Repair of ~xisting Building or Use. Off-street
parking and off-street loading facilities shall be
provided as set forth in this
"SEC. 2.3.4.2 Surfacing. Be surfaced with asphalt, bituminous,
concrete or dustless material and maintained in
smooth, well=graded condition. .Up to
170%1 of the parking spaces for houses of worship and
schools may be surfaced with.grass or lawn. Spaces
that are not paved shall be ~ompacted, stabilized,
well-drained and surfaced with a durable grass cover.
Driveways, handicapped spaces and access aisles shall
be paved. When the D~velopment Services Director
determines that the paving of some or all parking
spaces for houses'of worship and schools will have
significant negative enviromentel lmpacteA the
Director may...
SEC. 2.3.4.11 (2) (e)The lot proposed for parking permits the sams or
more intensive land uses than the 10t on which the
principal structure' is located or
SEC. 2.3.4.11 (4) (f)Where off-site parking is proposed for commercial
usesA all of the lots proposed...
(g)The off-site parking facll~%~ shall
mitigate any negative effects of this pa~Xing
facility on naigh~oring residentially-zoned property.
Mitigation shall included, unless...
' SEC. 2.3.4.11 (5) Where the following special circumstances
the...
SEC. 2.3.4.11 (5) (e)Whera the proposed off-site parking spaces will be
for employees (limited to a maximum of fifteen
~ercen~ (lSd) pe~ean~ of the project's total
requirement). ·
SEC. 2.3.5 OP~-STREE~P2L~KX~G= SP~,~LED ~X~G.
of this sGection, shared parking..~
SEC. 2.3.5.3.2 (1) Where the proposed off-site.parking will werve
temporarM parking for sports events, religious
events, or community events as described i~ Sec.
SEC. 2.3.5.4 (X) Where the request involves a churc~ an~ another
property whose predominant parXing
?:00 ~.M. and 6:00 ~.X., ~onday through ~iday, or
~wo (2) o~har properties, where the ~usines hours of
one (1) property do not overlap with the business
hours of the other property, the c~edit for ~oint
Staff Side Sheet
TI~O~J~HICAL ~RROR~
'?~ ' '~ parking spaces shall not exceed fifty percent (50%)
of the minimum required spaces for the property
requiring the least amount of spaces. The credit
.~ may be applied all to one fX~proper~y or split
between the two ¢2) properties~ or
(2) Xn all o~her cases, the credit for ~oint parking
spaces shall not exceed twenty-five percent (25%) of
the minimum required spaces for the proper~y
requirinig the least a~ount of spaces. The credit'
may be applied all to one fl~ property or split
between the two ~4. p~ope~cies.
'SEC. 2.3.6 OFF-STREET P~RKIHG~ USES NOT SPECIFICALLY HENTIOHED.
Requirements for off-street parking for uses not
specifically mentioned in this d~ivision shall be the
same as for the...
SEC. 2.3.S.1 Floor'area ~eane, for the purposes of this t~lvisicn
only,...
SEC. 2.3.S.~ In stadiums, sports aranas, house~ of worship, and
other.places of public assembly where occupants
utilize benches, pews, or other similar seating
arrangements, each twenty-four (24) lineal inches of
such sea~ing facilities count- as one fl~seat.
SEC. 2.3.10 OFF-STREET P~RXI~G: ENCRO~CHHE~T PROHXBXTED. Require~
off=street parking shall be located so that no
automotive vehicle when pa~k&~qR~shall have any
portion of such vehicle overhanging or encroaching on
public right-of-way or the proper~y of another. If
necessary, wheel stops or barriers may be required in
order to enforce this provision.
SEC. 2.3.14 OFF-STREE~ PARKING AND STACKinG: RE~U~RED AHOUNTS.
Minimum off-street parking space are set forth below.
~here stacking is required, the amount listed does
not include the first vehicle being serviced (for
drive-in windows stacking starts ten feet £10'_4 ~eet
behind the middle of the pick-up window) and is
computed at twenty feet £20'~ fee~ per vehicle
(turns are computed at twenty-two feet ~22'.~ ~eet per
vehicle, measured at the outside of the driveway).
Stacking for one fX~ lane maybe reduced if the
reduction is added to the other lane(s).
Hotel' Twelve (12) per lO quest rooms (this
includes the required parking for .the ~otel office
and all accessor~ recreational facilities designed
primaril~ for motel quests). ~here accessory uses
are designed primarily for motel ~uests, they shall
be computed as follows: $ixtyxseven percen~ (67%)...
858 379
Staff Side Sheet
office (Co=~ra=~o~'s) (1) per 300 square feet and
one (1) per X,O00 square feet per roofe~ storage
areav--P~s plus one/l l per each company vehicle
that will be parked overnight.
" aeesarohLal~ratoryOne (1) per 300 square feet of
office area plus one (1) per 500 square feet of
other areas or one (1) per employes of
largest workshift,.whichever is greater?~--Pl~s plus
three (3) for visitors.
aestaurant (Drive-through One (1) par 100 square
feet..A with no waXW-up window or stacking area of
ten (10) outdoor seating) vehicles fort he first
drive-through ~a,dlaneand seven (?) for any
additional drive-through lanes.
Televielon/~adio Studio One (1) per employes of
largest shift or one (1) par 400 iquars feat,
whichever is greater?£ P~He Dlus three (3) for
visitors.
SEC. 2.3.15.2 Each off-street loading space shall be dirs~cly
accessible from a street or alley without crossing or
entering any other required off-street loading
off-street parking space.
SEC. 2.3.19.4 For facilities in Sac. 2.3.19 not of ~/fficient size
to meet the minimum requirements sst forth therein,
each such facility shall provide off-street loading
on the property, in aeea~d accordance
SEC. 2.3.21.4 Boundaries of the District. The physical limits of
the Immokalee Central Business DiStrlc~ars as shown
on the a~fficial Iloning aAtlas ~ap of the
area, and as described below~
SEC. 2.4.4.1 Quality. Plant materials used to meat the
requirements of this s~ec~ion shall...
SEC. 2.6.3.2 Exclusions for Off-Street Parking Within A PTlncipal
Str~cture. In instances where off-street parking is
'provided within the principal structure, the
Development Services Director may waive the maximum
height requirements to the extent necessary to permit
off-street parking withing the principal structure,
providedr however?l 1) the number of off-street...
SEC. 2.6.4.1.5 Hoods, canopies, or roof overhangsr shall not
pro~ect...
Staf£ Side Sheet
SEC. 2.6.4.2.2 (2) The Development Services Director ehall reviev the
request for minor after-the-fact encroachments, and
shall within thirty (30) days of receipt of the
.. request and application fee, notify the applicant in
writing of its approval or denial based upon
information provided by the applicant as described in
Sec. 2.6.4.2.2.X above. ·
SEC. 2.6.4.3.1 Purpose and Intent. It is the intent of this e~ection
to permit the placement of principal structures,
except single=family, two-family and duplex dwelling
units, at the bulkhead line or shoreline where such
placement at the water's edge can enhance the
character of waterfront development without detriment
to adjoining or nearby properties or without damage
to a particular environmental situation. The
provisions of this e~ection have their greatest
potential application in planning for the use of
tidewater inlands or areas of the County of such size
and location that the use of this provision will meet
its intent and purpose. Xf the provisions of this
s~ection are met, such...
SEC. 2.6.4.3.2 Classification of WaterfronY'~ands and Building
Location. Principal structures shall not be erected
waterward under this e~ection beyond tha following
limits'for the situations outlined:
SEC. 2.6.4.3.3 Uses. Since this s~ection applies only to the
placement of structures in waterfront yards, there
shall be no use permitted under this s~ection which
is not permitted or permissible in the district
involved. A structure approved under this e~ection,
however, may be attached...
SEC. 2.6.4.3.4 Site Development Plan Required. An applicant under
this s~ection shall submit...
SEC. 2.6.7.2.1 No major recreational equipment shall be used for
living, sleeping, or housekeeping purposes when
parked or stored on a residentially zoned lot,
residential districts, or any location not approved
for such use. In districts permitting single=family
homes or mobile homes, major recreational equipment
may be parked or stored only in a rear yard (on
corner and through lots, the rear yard shall be
considered the rear of the residence), or in a
completely enclosed building, or'in a carport, or on
davits or cradles adjacent to waterways on
residentially zoned property~ provided, however, that
such equipment may be parked anywhere on residential
premises for a peri94 not to exceed twenty-four (24)
hours during loading...
Staff Side Sheet
~T~O~R~HXC~ ~CRRORS
· S~C. 2.6.7.2.2. The following exceptions nay be 9Tanted by the
~ Development Services Director?£
SEC. 2.6.?.3.X (4) Automobiles, vans, and pickup trucks having a ~a~ed
" load capaci~ o~ one (1) ~on o~ les~ ~hall
exemp~ed from ~ls s~ec~ion unless o~e~ise
'prohibited b~ ....
SEC. 2.6.7.4.X ~ose and Xn~en~. X~ is ~e in~en~ end--oas o~
the Restri~ed Pa~king~e~la~ Dis~i~ (~) ~o all~
residents wi~in a su~ivisiom in Collie~ Co~y ~o
p~escri~ s~ric~e~.:'~e~la~ions gove~ing ~e pa~king
o~ co~ercial and/or ~a~o~ recreational e~ipmen~
~an is provided.under ~he ninin~ ~e~iremen~s
forth in ~his Zoning Code.
in~ended ~o apply as an overlay dis~i~ for areas
portions o~ areas which a~e zoned fo~ ~esiden~ial
uses. ~e pu~ose of ~his e~ec~ion is ~o maintain...
SEC. 2.6.9.3 Under ~his subsec~ion, where s~c~es are involved
o~her ~an a~c~ures supposing lines o~ cables~
such s~c~ures shall compl~ wi~h ~he ~e~la~ions for
the dis~ric~ in which ~heM are located or as nam be
re~ired on an app~ova~ ~ s~i~e d~evelopmen~
pElan ~der Div. 3.3.
sha~ confo~ insofar as possible to the character of
~he dis~ric~ in which ~eM are located...
SEC. 2.6.10.1.1 No such use shall ~e located within five' hunted fee~
(500') of any established elemental, ~iddle or high
_ school, child care Cen~er~ public lib~a~, church,
public park~ or public play~ound, unless a waiver o~
said distance re~iremen~ is ~an~ed ~A Board of
Zonin~ ~ppeals ~Eesolu~ion pursuan~ ~o
Sec. 2.6.10.3. This does no~ include beach access
points. ~e distance of five hundred feeb (500')
shall ~ measured as ~he sho~es~ distance between
~he lo~ on which~e school,
~church, public pa~k o~~
plaM~ound is located and
alcoholic ~verages are ~o ~ sold, excep~a~
es~ablis~en~s located in shopping cen~e~s shall be
measured ~o ~he outer wall of ~he es~ablis~en~.
SEC. 2.~.10.1.3 ~e erection o~ any school,
~chuzch, public pa~ o~~plaM~ound...
SEC. 2.G.10.2 E~i~a~ion of ~oning Approval. ~e Developmen~
se~ices Director's approval for
alcoholic beverages for cons~p~lon on premises,
~ran~ed pursuan~ ~o this s~ec~ion shall e~ire...
SEC. 2.6.10.2.1 In the case of an existing structure, zoning approva~
shall expire six (6) months from the date of approval
unless, within that period of time, operation of the
alcoholic beverage establishment has commended. For
purposes of this s~ection, operation shall be defined
as the sale of alcoholic beverages In the normal
course of business.
SEC. 2.6.10.2.2 In the case of a new structure, zoning approval shall
expire one (1) year from the date of approval
unless, within that period of time, operation of the
alcoholic beverage establishment has commenced.
However, if substantial construction ~s completed,
the Development Services Director may grant one
extension for up to six (6) months.
SEC. 2.6.10.3 The Board of Zoning Appeals may, by ~Resolution,
grantwaiver of part or all of theminimum distance
requirement set forth in Sac. 2.6.10.1.1 if ~t is
demonstrated by the applicant and determined by the
Board of Zoning Appeals that the site proposed
for the sale and consumption of al¢oholio beverages
is separated from an establi~pd school, ~
CeDter. public library, church, public park
playground by natural or man-made boundaries,
structures or other features which offset or limit
the necessity for such minimum distance requirement.
The Board of Zoning Appeals decision to waive part o~
all of the distance requirement shall be based upon
the following factors=
SEC. 2.6.10.3.1 The nature and type of natural or man-made botmdary,
structure or other feature lying between the proposed
establishment and an existing school$~~
genter. Public library, church, public park or public
playground which is determnined by the Board of
Zoning Appeals to lessen the need for the total
f~ve-hund~edf~ foot (500t) distance
requirement.
SEC. 2.6.10.3.2 The paths of %ehicular and pedestrLan traffic whic~
could be Saken between the establishment and the ..
church? e~hool, child care center, public library.
church, public park or public playground.
SEC. 2.6.10.3.4 Whether alcoholic beverages will be sold in
· conjunction with food or whether ~he establishment
primarily engaged in the sale of alcoholic beverages
asa primaxTuse. Prior to consideration of such
.waiver by the Board of Zoning Appeals, the applicant
shall prbvide to the Development Services Director a.
written application for waiver of the distance
limitation on an application form supplied by the
656 383'
TY'P~KICAL
Development Services Dlrec~cor, including a legal
description of all applicable structures with
survey or bounda~ sketch to scale, and such o~er
info.at,on vh[ch the applicant can supply vh~ch
vould assis~e Board of Zoning Appeals ~n
evaluation p~suan~ to ~e factors se~ fo~ a~ve.
Upon rece~p~ oE ~e applicant's application and the
applicable application fee established by the Board
of cowry Co~lss~oners, a public hearing date ~hall
~ scheduled ~fore ~e Board of 2oning Appeal~ for
dete~ination on ~e proposed waiver. ~e applicant
shall notify, by certiEied ma~l, ~e ~ers or
representatives of the ~ubJect ~chool, ~
center. Public libra~, church, public park, or
Public playground, of the appl~ca~ion a= least
fifteen (15) days prior to the public hear~ngl and
evidence of ~uch not~f~cation shall be ~upplied
the Development SedUces Director.
SEC. 2.6.10.4 The follow~ng uses shall ~ exempted from the
distance limitations of Sec. 2.6.10.1.2, ~t shall
comply with all other re~irements of this
SEC. 2.6.10.5 ~y o~er or operator of ~n es~abl~s~ent approved
under th~s s~ect~on to. sell any alcoholic
beverages... .
SEC. 2.6.11.2 Residential Districts. For ~e p~oses of
s~ection, residential d~stricts shall ~nolude~
RSF-Res~dent~al S~ngle Family~ ~F-6, ~-12, and
~F-16-Residential Multiple Family~ RT-Res~dent~al
Tourist~ ~-Village Residential~ ~-Mobile
~RVC-Travel Tra~ler-Recreat~onal Vehicle Park
Campground~ and Res~den2ial ~ncrements of e
P~-Res~dent~al Pla~ed Unit Develo~ent D~str~s.
Fences and walls shall be subject to ~e fo11~ng=
SEC. 2.6.11.2.1 Fences or walls placed w~th[n red,red yards shall
limited to six feet (6') ~eet:~n height
no fence placed ~tween~e front building line and
the front prope~y l~ne'of lots or'parcels less
one and o,e~a~er ee~es (1 1/4) ~ ~n s~ze shall
be greatem.~an fo~ feet (4~) ~n he~gh~ on ~nter~or'
lots, or ~ree feet (3') on corner lots.
SEC. 2.6.11.4 Co~erc~al and Industrial Distr~cts. For ~e p~oses
of this s~ect~on, co~ercial and ~ndustr~al
shall ~nclude~ C-l/T, C-2, C-3, C-4 - Co~ero~al
District~ and C-5 - Hea~ Co~erc~al
I-Industr~al~ and P-~blic Use Distr~ct~ and
Co~ercial or Industrial tracts or ~ncrements of
P~gr P~-Planned Unit DeveloDment~ Pences or walls
she~~ be allowed subject ~o the follow~ng=
· Staff Side Sheet
SEC. 2.6.11.4.1 Fencss or walls in e~onmercial and ~ndustrial
districts shall be limited to siqh~ feet (8').
" SEC. 2.6.11.5.6 Fences and walls shall be constructed to present the
finished side of the fence or wall to the adjoining
lot or any aabutting right~of~wa~.
SEC. 2.6.11.5.8 Existing ground levels shall not be altered for the
purpose of increasing the height of a proposed wall
or fence except as provided for within Sec.
SEC. 2.6.11.6 Fence Height Measurement for All Districts. The
height of a fence"or wall located outside of the
building line shall be measured from the ground level
at the fence locatio~. However, if the Development
Servicss Director determines that ground levels have
been altered so as to provide for a higher fence, the
Development Services Director shall determine the
ground level for the purposes of measuring the fence
height. In determining whether the ground level has
been altered for the purposes-of increasing the
height of the fence, the Development Services
Director may consider, but is not limited tot
consideration cfA the following factsl
SEC. 2.6.11.6.1 General ground elevation of the entire lot.
· SEC. 2.6.14 GUEST HOUSE.
No guest accommodation facility in a single,family
residential district, whether a
freestandin= guest house or guest accommodations
which are structurally integrated with the ~ain
dwelling, may be utilized for commercial purposes.
Leasing or renting a guest accommodation facility
shall constitute a violation of this Zoning Code.
Similarly, if a main residence is leased or rented, a
guest accommodation facility accessory to it may not
be occupied by the property owner, since that would
constitute'unlawful utilization of single-family
zoned property for two~family dwelling purposes.
Guest houses shall not be constructed on lots which
are smaller than forty-three thousand five hundred
~i×tv £43,5601 square fee= in areaA nor shall they be
constructed on lots which have a frontage less than
one hundred a~d five feet (105').in width, nor shall
the living area of a guest house be larger than forty
percent (40%) of the air conditioned, enclosed living
area (excluding garages, carports, patios, porches,
utility areas, and the like) cf the principal
dwelling. Detached guest houses shall not be closer
than twenty feet (20') to the principal dwelling. A
guest house ~ay be constructed prior to a
~LllDJ~ldwellinq~ provided the quest house
the minim,,- requirements o{ a minqle~family residence
· ~ such ~ime aa a ~&~e~e ~ ~eai4e~ce
cons~e4, ~an ~e ~1oo~ a~ea percen~a~e~
a~ve ahall apply.
e
level. ~pa~e~m ~hall ~ ~eened on a~ leaa~ ~h~ee
SEC. 2.~,lS,S Screenim~ o~ ~arba~e d~ps~ers shall ~ e~emp~ed
Industrial Districts (X) l~ ~e d~ps~e~s a~e located
~ea~er ~an ~~~200~ ~ee~ ~0~
residentially zoned or used p~ope~y and a~e no~
located within fron~ yards~ a~d ~al ~i~l~ural
o~her Districts.
residence in accordance wi~ Div.
SEC. 2.~,19.2 Developmen~ o~ ~e~ional xmpa~, ~e~e a p~oposed usa
or developman~ is a De~elopmen~ o~ ~a~lonal Xmpac~
~hap~er ~S0, ~lorida'S~a~u~es~ as ~e~ded~ prior
the issuance o~ any re~ired County davelopmen~
orders or pe~i~s and co~encamen~ o~
development, Su~ission o~ the ~ppliaca~ion ~or
Developmen~ ~pproval (~) fo~ a
su~mission o~ any rezonin~ and/or co~i~ional use
application or o~er land use ~ela~ed pe~i~ion
re~ired My ~his C~e ~0 allow ~0~ con~en~ ~eviews
and public hearings Malone ~o~h ~e ~lan~l~
Co~ission and Board o~ County Co~issionars
~ and rezone and/or conditional use applications,
The DRX and rezona and/o~ comdl~iomal use shall
approved prior ~o ~he is~ance o~ any re~ired County
devalopmen~ o~ders o~ pe~i~s and ~o~enc~en~
cons~c~iom or davelopmen~.
SEC, 2,~,20.~ Home oc~pa~lons exis~in~ prior to ~e effe~lve da~e
o~ Collier County's Ordimance ~o. ~2-2 amd ~o~d mo~
~o comply wi~ ~e provisions o~ ~is
deemed in viola~ion and shall ~ el~e~ disco~lnuad
or shall meet the provisions imposed~
s~ec~lon.
SEC. 2.6.21 PRIVATE ZeA~-~eWS~S~~m ~S.
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TX~~XCA~
!" SE~. 2.6.21.1.1 The n,,~er of docks facilities to be located..,
: SEC. 2.6.21.1.10 Pot natural water~>o~iee only= ~xis~ing
.~ organism~ in ~he vicini~ o~ ~e p~opose~ e~ension.
X~ deeme~ necessa~ base~ upon ~eview of ~e a~ve
condi~iona upom ~e. app~oval ~ am e~emalom
i~ dee~ as necessa~ ~o acc~lish ~e~ose~ o~
~is C~e and protec~ ~e safe~y and welfare of the
public. Such conditions may include, ~t shall no~
be limited 2o, ~eate~ side se~ack(s), provision
ligh~(s)~ addi2ionaX."~aflecto~s~ o~ ~efle~o~s larger
than four~~4~ &~ehes, and prohibiting
pe~lt~inq ~oorinq on ~e outside of the dock
facility.
SEC. 2.6.21.3 For lots on a canal or wate~ay, that is less than one
hundred ~eet (100!) ~ea% in width, ~ock
may e~end/prot~de' no~ ~eater ~an five fee~
in~o said canal or wate~ay.
SEC. 2.6.21.5 ~STS~CE O~Y
For pu~oses of ~l~ s~e=~i~, riparian line shall...
sec. 2.6.21.6 Ail dock facilities, regardless of len~pro~sion,
shall have refle~ors'an~ house n~rs f~ inches
(4") minim~ ~ize inatalled at ~a ou~e~os~ end, on
both sides. For
developments, ~e house n~r re~ir~en~ Is waive~.
SEC. 2.6.24 General. ~e Board of Zoning AppealsT may, upon
reco~endation of the Pla~ing Co~ission, au~orize
the usa of lands wl~ln any di~tri~, excep~
Rural Agri~lt~al Distric= (A), for a~i~lt~al
activi~ies, such a~, and limited to, pasturing, field
crops, hor~i~lture, f~i~ an~ nut pr~iom,
fores~, ~ekeeping, a~a~lture an~ marA~lt~e.
It is ~e intent of ~is s~ec~ion t~
SEC. 2.6.24.2.1 Development plans at an appropriate ~cale ~h~lng
site aAte~a%*e~y ~ and proposed plac~en~ of
st~ctures on the proper~y~ provisions...
SEC. 2.6.24.3.2 No2ice of ~blic Hearing. Notice of ~lio hearing
shall be given a2 least fifteen (15) days in advance
of the public hearing. ~e ~er of ~e prope~y for
which an interim a~i~ltural use is sought~ or his
agen= or attorney designated by him~ shall
notified by mail. Notice oE th~ubllc ~earing
shall be...
Staf£ ~£ds Sheet
/ SEC. 2.6.24.3.3 (3) Ingress and egress to property and proposed
structures thereon with particular reference to
automotive and pedestrian safety and convenience,
traffic flow and control, and access in case of fire
· ' or catastrophetA
SEC. 2.6.24.3.3 (5) Refuse and service areas, with particular reference
to the items in Bee? ~'3 and 4 above.
DELETE EXTRA SPACE BETWEEN SEC. 2.6.24.3.S &
2.6.24.3.6
SEC. 2.6.24.4 Decision by the Boar~rof Zoning Appeals. Upon receipt
of the Planning Commissionts repot= and
recom=endations,'the Board of Zoning Appeals shall
approve or deny the petition for an interim
agricultural use. An approval shall be by
rRasolution of the Board of Zoning Appeals.
SEC. 2.6.25.1 Purpose and Intent.' This s~ection is intended to
apply to those agricultural situations where housing
is required for permanent or transient farm labor.
Housing establishedttnderthie s~ec~ion shall be used
exclusively for that purpose and no other. It Is
intended that housingunder.~is s~ect~ion shall be
erected only in the~ural-Agricultural.Distric~ (A)
and only when such housing meets the requirements and
procedures of this s~ection. It is the intent of
this s~ection that housing for farm labor shall be in
the nature of a planned development, but with
restrictions designed to meet the peculiar
requirements of the farm labor market and the
necessities of health, safety, and general welfare of
the farm laborers and the general public.
SEC. 2.6.25.2.1 (1) Single~Family Dwellings.
(4) Hultipls~Family Dwellings.
SEC. 2.6.25.2.2 (2) Caretakers~Residences.
SEC. 2.6.25.3 Site Development Plan. No construction for the
housing of farm labor shall be erected tmtil a s~ite
d~evelopment ~lan~SDP~has been approved as
establi~hed in this Article and Div. 3.3. Any
application for development to house farm labor shall
include the general data established ~n Div. 3.3 and,
in addition, the data required by this s~ection.
Upon the approval of a~ B~e-Beve~epme~-P}anSDP, no
building permit or certificate of occupancy shall be
issued except in conformity with such approved
· Staff Side Sheet
,' TYPO4TRAPHZCAT,~
deve~epment-p~sn SDPt and no use shall be made of
fa~ lair hous~n~ subse~ent ~o const~lon excep~
in confo~ty w~a~ approved
p~a~ SDP.
SEC. 2.6.25.4 Standards. In add~t[on to ~e applicable
oE s~[te d~evelopmen~ p~lans ~n D~v. 3.3~
d~evelopmen~ p~lans for fa~ lair hous~nq shall
~e follow,hq min~ standards~
SEC. 2.6.25.4.5 (8) NOTE~ SFt ~ ~q~e-~.~s~y ~~ ~ -
SEC. 2.6.26.1.1 F~ly Care Faclilty~ A Family Care Facility shall be
treated as a s~ngle dwelling ~i~ for ~e ~ose of
dete~ining applicable develo~en2 standards and,
therefore, shall confo~to~e standards ~den~lf~ed
for a single-family dwelling unit or mobile home ~n
the zoning d~str~ct ass~ed to the prope~yA as well
as other applicable standards found ~n the Zoning
Code.~ However, a new Family Care' Facility shall not
be located wi~n a radius of 9De thousand fee2
11,000~ of snorer existinq'~mily ~re Facility.
SEC. 2.6.26.1.2 (4) (a) A new Group Cars Facility shall be
red,red to ~ located ~eater ~an a radius of one
thoBsand two hundred fee2 ll,200~ee% from any
other..~.
SEC. 2.6.26.1.2 (5) Special Setback Re~rements~ No stature shall
erected w~n twenty flee2 120~ ~ee~ of any a~t~ng
lot or parcel which is zoned residential, ~or w~th~n
twenty-five feet 125~ fee% of a road r~ght-of-way.
SEC. 2.6.26.2.1 Haxim~ Pe~tted Dens~ty= ~entv-s[x 1261~oup
housing unitw per ~oss acre.
· SEC. 2.6.26.2.2 Maxim~ Pe~ltted Density~ ~ ~omeless shelters
shall not exceed twentv-si~ 1261~oup housing units
per ~oss acre and shall ~ ~sed on ~e fo11~Ang
s~andards~
SEC. 2.6.26.3 (1) Haxim~Pe~ltted Density~ ~enty-six 1261~oup
housing units per ~oss
(3) Special Setback Re~i~ents: No st~ct~e shall be
erected within twenty feet 120~ ~ee% of any abutting
lot or parcel which is zoned residential, ~or withi~
twentv-~ive feet 125~ fee~ o~ a road right-of-way.
SEC. 2.6.27.1 ~rpose ~nd In~ent. The pu~ose of cjuster housing
ts to provide a unite and lnnova~ive alterna~ive ~o
'the conventional residential developmen~ in the RSF,
Staf£ Side Sheet
'.'' .~ I~4P- 1~2~', and VRDlstricts by crea~lng a ~oro var~ed~
'.: SEC. 2.6.27.2 Appllcabtllt~. ~ls s~ect~on shall apply to all
· .. .: parcels of land ~der s~ngla ~ership within a
zoning distr~c2 which pe~its cjuster housing by
conditional usa.
SEC. 2.6.27.3 (1) ~e overall davalo~ent plan of ~e l~te
~ndividual lots and ~eir i~are foo~gt~ ~il~ings
and ~eir I~arl fo~tage~ rightl-of~ay~ parking
areas~ amours and location of co, on open space
intended for recrea~fon or public use~ and natural
features such al~ no2 limited ~o, itrlam ~ds,
s~gniflcant strands of trees and wetlands.
development plan shall, ~n addition, state and
acknowledge tha2 all repletions and retirements of
the zoning d~s2r~ct ~n which the proposed clus2er
housing ~s located, excep= as modified ~ the
application of th~s s~ec~on to the dlvelopmen2 plan,
have ~ complied
(4) Additional ~nfo~at[on as ~y ~ red,red ~ ~e
Development Sea, cas D~rec2or to ~ns~e
of ~e proposed cjuster hous~ng.w~ ~l repletions
and ~ntent of ~s s~ect~on.
SEC. 2.6.27.4 Cjustering Standard&. Co~d~[~nal ~sll-a~r~ed for
cjuster housing may reduce the lo~ area, lot w~d~,
and yard re~iremen~s'wl~n a zoning d~str~c~
subject to the criteria en~erated ~n ~l s~ect~on.
The lot area, lo2 width, coverage, and yard
repletions of the residential zoning d~str~ ~n
which ~e cjuster housing ~s located Ihall be used
as the bas~s for all computations of a11~ed
reductions. For those zon~ng.d~str~ctl
clus2er housing by condit~onal use but ~o2 hav~ng
established min~m~ lot areas, lot w~d~s, pr yard
repletions t~cal of s~ngle~f~ly or ~o~f~ly
attached dwellings, ~e ~F-6 D~S~T d~ens~onal
standards shall apply. '.
SEC. 2.6.27.4.2 M~n~m~ ~t ~ea. ~e m~n~m~ lot area ~n any
cjuster housing developmen2 may ~ rlduce~ to no~
less than~ee ~ousand (3~000) l~are fee~ for
single, family dwelling
Development of cjuster.housing upon a s~ngle parcel
or tract of land, ra~er than upon conven2~onal lots,
shall provide a m~n~m~ of three ~ousa~d (3,000) .
s~are fee2 of open space for each dwelling ~t
exclusive of any co, on open space red,red by
s~ect~on.
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TYPO~RAP~XCAL
SEC. 2.6.27.4.3 HinimumLot Width. The minimum lot width in any
cjuster housing development may be reduced to no~
less than forty feet (40').
SEC. 2.6.27.4.4 Minimum Lot Coverage. · The maximum allowable lot
coverage in any cjuster housing ~may be
increased to no more than sixty percent (60%).
DELETE EXTRA SPACE BETWEEN 2.6.27.4.4 & 2.6.27.4.5
· SEC. 2.6.27.4.5 Minimum Yards. The minimum side and rear yards maybe
reduced by up to twenty percent ~0%~e~ ¢20%~ of the
minimum yard requirements for the specific zoning
district in which'the cjuster housing is located.
When shown and approved on the conditional use
conceptual plan, a zero lot line concept may be
utilized for single~family detached dwelling units,
or in the case of singlexfamlly attached dwelling
unite, a common wall concept may be employed. In
either...
SEC. 2.6.27.4.6 (1) All ~e~et~ene~ in the minimum
(4) ' The sale, lease, or Other dksposition of
common open space shal~ be prohibited except to a
nonlprofit corporation...
(5) Access rights to common open space for
all residents within the cjuster housina development
shall be guaranteed.
SEC. 2.6.28.2 Minimu~ Frontage'. An automobile service station shall
not be located on a lot with less than one hundred
and fifty feet...
SEC. 2.6.28.8 Location of Structures, Pumps~ etc. No main or
accessory building, no sign of any type, and no
gasoline pump, tank, vent, pump island or pump island
canopy shall be located within twenty-five feet (25')
e~-anyofanvresidentially zoned property. Gasoline
pumps and pump islands ~ay shall be located no~
closer than thirty feet (30') to the street property
lines and shall be located no~ closer than forty feat
(40') to any side or rear property line. Pump island
canopies may~lallbe located no~ closer than twenty
feet (20') to the street property line. If such
setback requirements mentioned above are closer than
setback requirements for the zoning district in which
the automobile service station is located, such
· service station appurtenances shall be removed before
Staff Side Sheet
the proper~y is converted to a use other than an
autonobile 'service station. Removal of fuel storage
tanks is required. FFee-etend~ng ~eestandina vents
are no~ pe~itted.
SEC. 2.~.28.9 En~anc~ and ~. ~o au~ob~le se~ce
shall have an entrance o~ ex~ ~or vehicles
two h~ed fee~ (200t) along ~e s~o side of a
stree~ of a school, publio play~o~dt~ child care
center, ch~ch, hospital, p~lio libra~, or any
~nstitution for dependents or for children, excep~
where such properky..Ss In snorer block.
,SEC. R.6.30 SECO~ P~~H O~Y
If the ~ or a residen2ial pro~e~wl~in
a spF~vateS ~rivate develo~en~ w~ a restricted
and/or non~2ored entrance which llnits access
residents of ~a~ developnen~, ~e~r ~ests and
necessa~nain~enance workers, a polling place~y
red,red by the Board to ~ provided in any c~ky
recrea~on/public building/public ro~or similar
facili2yr~ however, ~he con2roll~nq entity oE ~a2
private developnen2 ~ay lini~*~e use of
places to ~e residen~s oE ~a~
developnen2.
sEC. 2.~.32.~ Usable Open Space Re~irenen2s. Usable open space
shall ~nclude active and pass~ve re,ear,on areas
such as playgrounds, golf co~ses, ~ach frontage,
wate~ays, lagoons, flo~ plains, na~e ~alls, and
other sinilar open spaces. ~en S~ace AAreas shall
also ~nclude...
SEC. 2.~.33.1 ~ST S~CE ONLY
~2 ~s the inten2 of ~s s~ection to classify
tenpora~***
SEC. 2.6.33.2 (1) ~afflc e~ir~lation and safety wi~n ~e site;
(2) H[ni~park[nq re~lrenents for the 2enpora~use as
defined w~n DAv~s~e~ Div. 2.3, eff-StFeet
9fff-stree2 Parking and ~ading;
(5) Sanita~
SEC. 2.~.33.5 Model Hones and Model Sales OEf~ces. H~el h~es and
n~el sales offfices shall ~ all~ed In all zoning
d~str~cts by the issuance oE a tenpora~use pe~t
for a ~odel ~o~e or for a ~odel S~ales e~ff~ce
svb~ec~ ~o ~he
~, ~001( PAG[
.: r:
Staff Side Sheet
~'i SEC. 2.6.33.5.3 Hodel homes may be ~wet~ or ~d~~ and
cons~cted prior to zecordin~ o~ ~e ~imal plat
puzsuan~ to ~e provision o~ Div. 3.2. H~el homes
· ' cons~ed prior ~o ~a ~ecording o~ ~e ~inal pla~
SE~. 2.6.53.5.5 Model h~ea pe~itted as ~ ~els~ shall ~
limited ~o a e~ondi~ional e~e~ifica~a o~ e~c~pan~
allowinq use o~ ~e s~e as a ~el only.
homes pe~itted as ~wat ~els~ shall no~ ~ oc~piad
un~il such time~ a pe~anen~ e~ertificate of
e~c~pan~ can~ issued.
SEC. 2.6.~3.5.6 H~el homes and ~el sales offices shall confo~
wi~h all retirements o~ the zonin~ distric~ in which
they are located, includin~ ~ no~ limited
yards, s~ara foota~est~ and heights.
SEC. 2.6.~3.5.8 Ez~ension of a tempora~ use pe~l~ issued for a
model home or for a. model sales office may~ ~an~ed
for a maximum of three (3) years and shall re~i~e
public notice and a hearin~ ~he Pla~ln~
Co~ission. ~ re,est for an e~ension and
schedulin~ on the Planning Co~ission agenda shall
made prior to e~iration of.~e initial tempora~ use
pe~i~ issued for a h~el.home or ~el sales o~fice
Onlyone~such e~ension may ~ ~an~ed and any
additional re~ests for an e~ension shall ~ ~anted
onl~ in accordance wi~h Sec. 2.6.33.5.X0. ~otice of
the public hearin~ shall ~ prominently posted on ~he
property for which ~e e~ension is sought. No~ice
of the public hearin~ shall ~ adve~ised in a
newspaper o~ qeneral cir~lation in ~a County a~
leas~ one ~ time fifteen (15) days p~ior ~o ~e
hearing. No~ice of ~he time and place of the public
hearin~ shall be sen~ a~ leas~ fifteen (XS) days in
advance of ~a hearing by mail to all o~ers of
property wi~ln ~ee hunted ~ (300') ~ee~ o~ the
sub~ec~ prope~M. ~e Pla~lng Co~ission ~aM eider
approve~ approve with condi~ions~ or deny any re,est
for e~ension ~yond ~e time peri,ted wi~in
See~ms ~ 2.6.33.3.X or 2.6.33.3.2.
SEC. 2.6.55.5.8 (3) The characterT or make-up of the area s~ounding...
SEC. 2.6.3~.5.9 ~en deemed necessa~ and based upon ~eview of ~e
a~ve criteria, ~e Pla~ing Co~ission ~aY impose
such conditions upon ~he approval o~ ~e ex~ension
re~es~ it datelines necessa~ to acc~plish~e
pu~ose o~ ~is s~ec~ion and pro~a~ ~e safe~y and
welfare o~ the public. Such conditions ~ay include~
bu~ shall no~ be limited toe~ restrictions to the
'Sta~£ sidesheet
.. '~ hours of operation?~ parkings, signaget~ screening
:. and buffering~ and the length of tho ex~ensXon,
SEC. 2.6.33.5.10 Extension of model homes or Rodel ~alss office
permits in excess of three (3) years shall require
submittal and approval of a Conditional Use
~with Sec. 2o7.4A eend~ona~-ese
. PFoeedu~esy
SEC. 2.7.2.3.1 Notice and Public Hearing Where Proposed Amendment
Would Not Change Zoning Classification of Land.
Ordinances or resolut~lons initiated by the Board of
County Commissioners or its designee which do not
actually change .the o~fficial t~oning RAtios...
SEC. 2.7.2.3.2 (5). Notice of time and place of the publio hearing by the
Planning Commission shall be sent at least fifteen
(15) days in advance of the hearing by Bail to all
owners of property within three hundred feet (3001)
fee~ of the property lines of the land for which
rezoning is sought; provided, however, that where tho
land for which rezoning is sought is part of, or
adjacent to, land owned by the same person, the three
hgndred foo~ (300!} fee% distance shall.,.
SEC. 2.7.2.3.4 (2) The required advertisements for the Planning
Commiss~on public hearings aha11 be no less than
one:quarter page in'a standard size or.& tabloid size
newspaper, and the headline ~n the adver'c~sement
shall be in a type no'smaller tha~ e~ah~een 1181
- point. -
SEC. 2.7.2.3.4 (4) The Board of County Commissioners'shall hold two
advertised public hearings on tho proposed ordinance
or resolution. Both hearings shall beheld after
5:00 p.m. on a weekday, and the f~rst shall be held
approximatel~sevenlTl days after the day that the
first advertisement is published. The second hearing
shall be held approximatelytwo£21 weeks after the
first hearing and shall be advertised approximately
f~ve£51 days prior to the publio hear£ng.
(5) The required advert~eeBents aha11 be no
less than one-quarter page ~n a .standard s~ze or a
tabloid size newspaper, and the headline ~n the
advertisement shall be ~n a type no smaller than
~L/A~o~n1181 point. The advertisement shall not be
placed in that portion of the newspaper whore legal
notices and classified advertisements appear. The
advertisement shall be published in a newspaper of
general paid circulation in the e~ounty and of
general interest and readership in the community
pursuant to Chapter 50, P?S? Florida Statutes, not
Staff Side Sheet
TYPOCRAPEXCAL
one of limited subject matter. It is the leqislativ
intent that, whenever possible, the advertisement
shall appear in a newspaper that is published at
.. least five 151 days a week unless the only newspaper
in the community is published less than ~ive£5l days
a week.
SEC. 2.7.2.8 SECOND PARAGRAPH
Restrictions, stipulations and safeguards attached to
an amendment, supplement, or establishment of a
zoning districtmay'i~cludeAbut are not limited
those necessary to protec~ adjacent or nearby land
owners from any deleterious effects from the full
impact of any permitted uses, limitations more
restrictive than those generally applying to the
district regarding density, height, connection to
central water and sewer systems and stipulations
requiring that development take place in accordance
with a specific site. The maximum density
permissible or permitted in a zoning district within
the Urban Designated Area shall not exceed the
density permissible'under the Density Rating System.
The Board of County Commissioners shall be required
to condition and limit the density of a Stoning
9~istrict...
SEC. 2.7.2.12.1 No change in the zoning classification of. property
shall be considered ~hich involves 1see than forty
thousand (40,000) square feet of area and two hundred
feet (200~) fee~ of street frontage excepts where the
proposal for rezoning of property involves an
extension of an existing dietric~boundaryr£ or where
the rezoninq is inititated by the Board of County
Commissioners to implement the Zoning Reevaluation
Ordinance 90-23. However, the requirement of
~wo-hundred~
SEC. 2.7.2.12.3 DELETE EXTRA LINE SPACE BETWEEN 4T~ PARAGRAP~ & ~1.
SEC. 2.7.2.12.3 (2) Direct the appropriate e~ounty staff to begin...
SEC. 2.7.3.5.6 Minor Changes Not Otherwise Provided For. It shall be
understood thatA while a PAanned-Sn*%-BeveAop~e~% PUD
is required to describe and provide fore
infrastructure~ ~ntended land use
approximate acreages of inter, al development tractsf~
and compatibility with adjacent land usesA minor
changes may become necessary during the subdivision
or s~it~ ~evelopment p~lan ~eve~epmen~ review
processes.
Staff Side Sheet
TYPO~RAPHX(Z~L~ORS
: The Development Services Director shall also be
authorized to allow minor changes to the PUD Haster
Plan during its subdivision improvementm plan or
s~ite d~evelopment p~lan process to accommodate...
SEC. 2.7.3.7 Violations. Violation of this s~ection, shall be
enforced...
SE~. 2.7.4.2 (1) Conceptual Site Development Plans at an appropriate
scale showing the proposed placement of ef~t~a~ures on
the property?, provisions for ingress and egress,
off-street parking and off-street loading areas,
refuse and service areas~, and required yards and
other, open spaces· The conceptual Site Development
Plan shall not be in lieu of, nor eliminate the need
for, a Site Development Plan under Div. 3.3, as
applicable.
SEC. 2.7.5.4 SECOND PARAGRAPH
Notice of the time and place of the public hearing
Before the ee~&e~-Semnty Planning Commission is
given at least fifteen (IS) days in advance of the
hearing by mail to all owners of proper~y within
three hundred feet (300~) ~et of the proper~y lines
of the land for which a variance is sought.
SEC. 2.7.5.5 Planning Commission Public Hearing. The public
hearing shall be held by the eo~&er-ee~nty Planning
Commission...
SEC. 2.7.5.7 Conditions and Safeguards. In recommending approval
of any variance, the eeA~*e~-ee~nty Planning
Commission...
SEC. 2.7.7.1.2 Authority. The Board of County Commissioners e!
eoA~*e~-eaa~ty has the authority to adopt this Code
pursuant rcA rt. VXII, Sec. l(f), Fla. Const., Sec.
Fla. Stat., Rule 9J-B, F.A.C., the
Growth Management Plan,.··
SEC. 2.7.7.1.4 Purpose and Intent. Sec. 2.?.7 is intended to
implemen= and be consistent with the
Growth Management Plan.··
SEC. 2.7.7.2.6 Review and Recommendation by the Housing and Urban
Improvement Director. After receipt of a completed
application for affordable housing density bonus,
Housing and Urban Xmprovement Director shall review
and evaluate the application in light of the
Staff Side Sheet
· TYPCX~HXC~L
affordable housing density bonus rating system, the
affordable housing density bonus monitoring program
and the~requirements of ~hie d~ivision, and, ~f
SEC. 2.7.7.2.8 Review and Dete~nat~on ~ Board of County
Co~lssioners. ~on receip2 ~ ~e Board of Co~ty
Co~iss~oners of ~e a~l~cat~on for affordable
housing density~nus and ~e~tten
and repot= of ~e Housing and Urban Improvemen~
· Director and rec~endation of ~e Pla~ng
Co~ission, ~e Boardfof County Co~ssioners shall
schedule and holds properly advertised and duly
noticed public hearing on ~e appllca~ion.
agplicat~on has ~en 'su~tted ~n con~unct~on w~th an
application for a p~anned-~t-deva~ep~e~%
then the hearing shall ~ consolidated and made a
part of the public hearing on the application for
plan~ed-~,~-~eve~ep~e~% ,P~ before
county Co~issioners, and ~e Board o~ County
Co~issioners shall'coneider the application for
affordable housing density ~nus in conjunction wi~
the application for the
~P~. Xf the application has ~en su~itted in
conJ~ction with an application for a rezoninq,
the hearing shall be comsolid~ted and made a pa~
the public hearing o~ the'application for
rezoning before the Board of County co~issioners,
and the Board of County Co~lssioners shall co,sider
the application for affordable housing density ~nus
in conjunction with~e application for razoning. Xn
the even= ~at ~e application for affordable h~s~q
density ~nus has no= ~en submitted in conJ~ion
with an application for ~e
~P~ or an application for rezoninq, ~en~e
applicakion for affordable housing density~nus
shall none~eleaa ~ treated as a rezoninq on
prope~y and shall c~ply widths retirements for a
rezoning, as well as the retirements of this .
Section. After the close of ~e public hearing,
Board of Cowry Co~issioners shall revi~ and
evaluate the application in light of the retirements
of this ~ivision and ~e retirements for a
rezoning, and shall deny, ~ant, or ~an~ wi~
conditions, the application in accordance wi~h ~e
affordable housing density ~nus rating system and
the affordable housing density ~nus monitoring
program. However, if the application for affordable
housing density bonus does not change the densities
or intensities o~ use or the zoning on the property
and does not re,ire a rezoning or
~eve~epaemt P~ application, ~en the application fo~
affordable housing density bonus shall comply with
: the requiremente for development egweemente under the
Collier County Development AgTeement Ordinance~
well as ~e retirements oE ~his d~lvision, In lieu
of compliance wi~ ~e razonin~ ~e~i~amen~s o~
s~ec~ion.
SEC. 2.7.7.3 ~ffordable Housing Densi~M Bonu~ ~lng
' ~e affordable housin~ density ~nua ra~ln~
shall ~ used ~o de~e~ine ~e ~ of
affordable housing densi~ ~nua ~ich ~ay ~ ~an~ed
for a developmen~ b~sed on household income level,
n~er of ~o~s per affordable housing ~i~,
of affordable housing unite (~er-oc~pied
rental, sinqle-famil~ or multi-f~ily) and percentaqe
off affordable housing units in the davelo~ent. To
use the affordable housing densitM bonue' ratinq
ststem, Tables A and B, below, shall be used. Tablee
A and B ehall ~ reviewed and u~ated~ if necessa~
on an a~ual baeie b2 the Board oE Co~ty
Co~issioners or its desi~ee.
SEC. 2.7.7.3 ~I~ P~G~H
After ~e affordable housing density ~nus ra~ng has
~en de2e~ined ~n Table A,_lgcate it ~n Table B, and
dete~ine ~e perce~t~ of ~at t~e of affo~le
housing unit proposed ~n ~e developmen~ compared ~o
~e to,al n~er of dwelling ~ts in the
development. ~om ~s de2e~na~on, Table B w~11
indicate the max[m~ n~er of res~dential dwelling
units 9er ~oss acre ~a= may ~ added to
density. These additional residential dwelling
per gross acre are ~e max~m~ affordable housing
density bonus (~DB) available to tha~ developmen2.
Developments wi~ percentages' of affordable housing
units which fall ~n ~tween ~e percentages ~h~ on
Table B shall receive an affordable h~sing
bonus e~al ~ ~e l~er of ~l two ~ percentages
i2 lies ~tweenA plus 1/10~ of a residential
dwelling unit per ~oss a~e for each additional
percentage of affordable housing rental
development. For example, a develo~ent which has
.. - .... : - ~ 124%1 oE ltl to2al housing
residen=ial dwelling units as affordable housing
units, and which has an affordable housing density
bonus rating of "four"A will receive an affordable
housing density bonus (~B) of 4.4 residential
dwelling units per ~oss a~e for ~e davelo~ent.
~ere more ~an one ~ t~e of...
SEC. 2.7.7.4.1 Affordable Housing Density Bonus DeVelopment
Agreement Required. The affordable housing density
bonus shall be available to · development only in
when an affordable housing density bonus development
agreement has been entered into by the
developer/applicant and the Board of County
Commissioners, and such a~reeme~thas been approved
by the County Attorney? and the Board of County
Commissioners pursuant to the public hearing process
established in this d~ivision prior to execution.
.SEC. 2.7.7.4.1 (6) Amount of monthly'~ent for rental unitsA or the price
and conditions under which an owner=occupied units
will be sold~_for each type of...
(7) The foregoing notwithstanding, any rent charged for
an affordable housing unit rented to a low or very
lo~ income family shall not exceed ninetyuercent
190%1 of the rent charged...
(8) No affordable housing unit in the develolmsnt shall
be rented to a tenant whose household has not been
verified and certified in a~.cgrdance with this
d~ivision as moderate, low, or very low...
(9) No affordable housing'unit that is to be sold, 1easel
with option to purchase, or otherwise conveyed in th%
development shall be sold, leased with option to
purchase, or otherwise conveyed to a buyer whose
household income has not been verified and certified
in accordance with this d~ivision as moderate, low,
or very low income family. Such verification and
certification sh~11 be the responsibility of the
developer and shall be submitted to the Housing and
Urban Improvement Director for approval. It is the
intent of this d~ivision to keep housing affordablel
therefore, any person who buys an affordable housing
unit must agree, in a lien instrument to be recorded
with the Clerk of the Circuit Court of Collier
County, Florida, that if he sells the property
(including the land and/or the unit) within fifteen
(15) years after his original purchase at a sales
price in excess of five percent 15%1 per year of his
original purchase pricsA that he will pay to the
county an amount equal to one-half (1/2) of the sales
price in excess of ~£5%1 increase per
year. The lien instrument may be subordinated to a
qualifying first mortgage.
For example, a person originally buys a designated
affordable housing unit (a house) for $60,000 and
sells it after five 151 years for $80,000. Alive
..', · Staf£ Side Sheet
~ -: ~£5%1 increase per year for f~veisI years
.'?~. will give a value of $76,577. Deducting this
amount...
· ' SEC. 2.7.7.4.3 Minimum Number of Affordable Housing Unite. The
minimum number of affordable housing units that aha11
be provided in a development pursuant to this
. d~ivision shall be ten (10) affordable housing units.
SEC. 2.7.7.4.5 Phasing. In the case where a develolmme~t will occur
in more than one/llphase, the percentage of
affordable houeinqunits to which the developer has
committed for the total development shall be
maintained in each phase and shall be constructed aa
part of each phase of the development on the
property. For example, if the total development's
AHDB is based on the provision of ten percent (10%)
of the total dwelling units as affordable housing
rental units for low income households with two£21
bedrooms per unit, then each phase must maintain that
same percentage (~.B_R~£I0%I in this case)
cumulatively.
SEC. 2.7.7.5.1 Annual Progress and ~onitoring Report. The affordable
housing density bonus for'a developmen~ shall be
subject to the affordable housing density bonus
monitoring program set forth in this e~ec~ion. The
~ developer shall provide the Housing and Urban
Improvement Director with an annual progress and
monitoring report regarding the delivery of
affordable housing rental units throughout the period
of their construction, rental and occupancy for each
" of the developer's developments which involve the
AHDB in a form developed by the Housing and Urban
Improvement Director. The annual progress and
monitoring report shall, at a minimum, require any
information reasonably helpful to insure compliance
with this d~ivision and provide information with
regardto affordable housing in Collier County. To
the extent feasible, the Housing and Urban
Improvement Director shall maintain public records of
all dwelling units (AHDB and affordable housing
units) constructed pursuant to the affordable housing
density bonus program, all affordable housing unite
constructed pursuant to the AHDB program, occupancy
statistics of such dwellling units, complaints of
violations of this d~ivision which are alleged to
have occurred, the...
SEC. 2.7.7.5.2 (1) SECOND PARAGRAPH, LAST SENTENCE
Ramdom inspections to verify occupancy in accordance
with this d~ivieion may be conducted by...
Staff Side Sheet
T~POGR~HI C~L ERRORS
(3) Income Verification. The Housinq and Urban
Improvement Director or the developer shall obtain
written verification from the potential occupant
(including the entire household}. The written
verification form shallincluds, at a minimum, the
purpose of the verification, a e=atement to release
information, employer verification of gross annual
income or rate of pay, n,,~er of hours worked~
frequency of pay, bonuses, tips and commissions and a
signature block with the date of application. The
verification may takA'the form of the most recent
year's federal income tax return for the potential
occupants (including the entire household), a
statement to release information, tenant verification
of the return, and a signature block with the date of
application. The verification shall be valid for up
to ninety (90) days. prior to occupancy. Upon
expiration of the n~netv£901 day period, the
information may be verbally updated from the
sources for an additional thirtv 1301 days, provided
it has been documented by the person preparing the
original verification. After this time, a new
verification form must be.cO~plsted.
SEC. 2.7.7.6.1 Violations. It is a violation of Sec. 2.7.7 to
sell or occupy, or a~te~pt to rent, sail or occupy...
SEC. 2.7.7.6.3 Criminal Enforcement. Any person who violates any
provision of this d~ivisiOn, oo
SEC. 2.7.7'.6.4 Civil Enforcement. In addition to any criminal
penalties which maybe imposed pursuant to Sec.
~.7.7.6.3. Collier County and the Housing and Urban
Improvement Director shall have full power to enforce
the terms of this g~ivision and any affordable
housing density bonus development agreements,
rezoning conditions or stipulations, and planned
unit development (PUD) conditions or stipulations
pursuant to this d~ivision...
SEC. 2.7.7.7.1 Liberal Construction. The provisions of this
SEC. 2.7.7.7.2 Severabllity. If any section, phrase, sentence or
port,on of this
SEC. 3.3.1 TITLE AND CITATION. This d~lvision shall be known
and...
SEC. 3.3.5 Suggest that (SDP) be inserted after SITE DEVELOPMENT
PLAN and all subsequent references ~n this Division
be changed to replace "site development plan# with
"SDP"
DELETE EXTRA SPACE/LINE BETWEEN SEC. 3.3.5 & 3.3.5.1
SEC. 3.3.5.5.1 (8) The proposed location, size and height of &11 traffic
control signs. For. other development signage see
BEvEsEon Div. 2.5.
SEC. 3.3.5.5.5 (3) Improvements for roadway, traffi~ clrctllation,
ingress and egress, parking and other transportation
needs required or as may have been specified during
the preliminary site development plan review,
prepared in conformance with Sec.' 3.2.8.4 subdivision
design requirements (~or purposes...
SEC. 3.3.8 SITE DEVELOPMENT PLAN TIHE LIMITS, Approved P~lnal
S&ite B~eveloPment plans shall remain in force for
two (2) years. If no development (actual
· construction) has commenced within two ~2~ years, the
S&ite B~evelopment PRlan shall expire. One
one-year extension may be granted for good cause
shown upon writtten.application submitted to the
Development Services Director prior to expiration of
the preceding approval. When ex~ending the
~&ite B~evelopment PRlan approval, the...
SEC. 6.1.1 GENERALLY. In construction ~n~ interpretation of the
language of these regulations, the rules established
in this d~ivision shall be...
SEC. 6.1.7 MONTH. The word "month" shall mean~£301
calendar days, unless a calendar month is indicated.
SEC. 6.1.9 NUMBER. A word importing the singular number'onlymay
extend and be applied to s&veral persons and things
es well as to one ~1~ person and thing. The use of
the plural number shall be deemed to include any
single person or thing.
SEC. 6.1.14 YEAR. The word 'year" shall
sixty-five 13651 calendar days, tmless a fiscal year
is indicated, or unless a calendar year is indicated.
056 402
R 29 E R 30 E
69315
RSF-4 I RSF-3
LAST, REVISION
~ · .., .,~ .:.,~ '. ~.~~.~.
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~ I ~ ,. I~
........
AII
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18 17 16 15 14 1~ 16
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~ 19 20 21 22 23 24
,30 29 28 27 26 25 30 28 ' 27 26 25
51 32 53 54 55 .36 31 33 54 35 ,~6
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I 6 5 4 3 2' I 6 4 3 2 1
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31 32 55 54 5.5 55 51 32 55 54 55 56
i ZONE AE ""~
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13115
~4 113 LAST REVISION
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' ------- ! ! ': "'" '~ ': "' I ~ co,,,~. ~.o,,o^
..........
;~-..;.; ..... {-.;, . ..... ,i -
ZONE AE
(EL 9) , ZONE AE
~ . (EL 8)
I$ I 14
ZONE ZONE AE
(EL ~2) (EL ~)
ZONI ZONE AE
(EL 1, (EL 12) "
A-ACSC/ST ~
ZONE VE ¢z3
(EL 12) ~o
~O~ ~Y
: ZbNE AE
' (EL 10)
ZONE AE ,,~
~ ~ .__ OTHER - .-..
.... ;'--. i:~'... -~ :,':' '.' : ,. . .,:~. . -
/ STATE OF FLORIDA )
ii' COUNTY OF COLLIER )
I, SAMES O. GILES, Clerk
· ' which was adopted by the Board of Coun~ Commissioners on
.~' the 14th day of October, 1992, during Special Session.
WITNESS my hand and the official 'seal
~ ~ County Commissioners of Collier County, Florida, this 20th
~. day of October, 1992.
Ex-officio
Deputy Clerk ·