Ordinance 91-102 ORDINANCE NO. 91-102 '" ~
ORDINANCE ENACTING AND ESTABLISHING A LAND
EVELOPMENT CODE FOR UNINCORPORATED COLLIER COUNTY,
~LORIDA PURSUANT TO THE LOCAL GOVERNMENT ~"~
COMPREHENSIVE PLANNING AND LAND DEVELOPMENT
REGULATION ACT, AND CHAPTERS 9J-5 AND 9J-24, FLOR~DA~ .
ADMINISTRATIVE CODE. PROVIDING FOR SECTION ONE .~.
FINDINGS; PROVIDING FOR SECTION TWO SHORT TITLE AND
CITATION; PROVIDING FOR SECTION THREE ENACTING AND
ESTABLISHING A LAND DEVELOPMENT CODE WHICH PROVIDES
FOR ARTICLE ONE, GENERAL PROVISIONS, RELATING TO
LEGISLATIVE AUTHORITY, FINDINGS, PURPOSE AND INTENT,
APPLICABILITY, INTERPRETATIONS, VESTED RIGHTS,
NONCONFORMITIES, ENFORCEMENT, FEES,' LAWS
INCORPORATED BY REFERENCE, AMENDMENTS TO THIS CODE,
CONFLICT WITH OTHER LAWS, SEVERABILITY, REPEALER,
AND CODIFICATION, EFFECTIVE DATE AND ENACTMENT;
PROVIDES FOR ARTICLE TWO, ZONING, RELATING TO
GENERAL, ZONING DISTRICTS, PERMITTED USES,
CONDITIONAL USES, DIMENSIONAL STANDARDS, OFF-STREET
PAi~KING .AND LOADING, LANDSCAPING AND BUFFERING,
SIGNS, SUPPLEMENTAL DISTRICT REGULATIONS, AND ZONING
ADMINISTRATION AND PROCEDURES; PROVIDES FOR ARTICLE
i~.~ THREE, DEVELOPMENT REQUIREMENTS, RELATING TO
~ GENERAL, SUBDIVISIONS, SITE DEVELOPMENT PLANS,
EXPLOSIVES, EXCAVATION, WELL CONSTRUCTION, SOIL
EROSION CONTROL, ENVIRONMENTAL IMPACT STATEMENTS
(EIS), VEGETATION REMOVAL PROTECTION AND
· PRESERVATION, SEA TURTLE PROTECTION, ENDANGERED
~ THREATE~rED OR LISTED SPECIES PROTECTION, COASTAL
.i~' ZONE MA~AGEMENT, COASTAL CONSTRUCTION LINE VARIANCE,
VEHICLE ON THE BEACH REGULATIONS, AND ADEQUATE
'~ PUBLIC FACILITIES; PROVIDES FOR ARTICLE FOUR, IMPACT
i' FEES, RELATING TO ROAD IMPACT FEES, PARK AND
~ ,-~ RECREATIONAL IMPACT FEES, LIBRARY SYSTEM IMPACT
FEES, REGIONAL WATER SYSTEM IMPACT FEE, AND REGIONAL
SEWER SYSTEM IMPACT FEE; PROVIDES FOR ARTICLE FIVE,
DECISION-MAKING AND ADMINISTRATIVE BODIES, RELATING
TO BOARD OF COUNTY COM]~ISSIONERS, PLANNING
COMMISSION, BOARD OF ZONING APPEALS, BUILDING BOARD
OF ADJUSTMENTS AND APPEALS, CODE ENFORCEMENT BOARD,
.. BUILDING CONTRA~CTORS' LICENSING BOARD, COUNTY
· MANAGER, GROWTH MANAGEMENT DEPARTMENT, COMMUNITY
DEVELOPMENT SERVICES DIVISION, DEVELOPMENT SERVICES
DEPARTMENT, GROWTH PLANNING DEPARTMENT, HOUSING AND
· URBAN IMPROVEMENT DEPARTMENT; ENVIRONMENTAL ADVISORY
BOARD AND HISTORIC/ARCHAEOLOGICAL PRESERVATION BOARD
CREATED AND ESTABLISHED; PROVIDES FOR ARTICLE SIX,
DEFINITIONS, RELATIN¢~. TO RULES OF CONSTRUCTION,
ABBREVIATIONS AND DEF2'NITIONS; PROVIDING FOR SECTION
FOUR THAT THE LAND L'EVELOPMENT CODE SETOUT HEREIN
SHALL SUPERSEDE AND REPEAL ANY AND ALL RESOLUTIONS
AND ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR
SECTION FIVE ADOPTION OF ZONING ATLAS MAPS;
PROVIDING FOR SECTION SIX SEVERABILITY; AND
PROVIDING FOR SECTION SEVEN EFFECTIVE DATE.
Whereas, Chapte~ 163, Part II, Florida Statutes al~o known
as the LocaI Government Comprehensive Planning and Land
Development Regulation Act of~1985 and Chapter 9J-5, Florida
Administrative Code mandates the adoption of land development
regulations that are consistent with and implement the adopted
Comprehensive Plan; and
Whereas, the Board of County Commissioners did appoint an
Ad-Hoc Committee to provide input and recommendations to the
staff on revising the Land Development Code, to assist staff in
establishing reasonable land development regulations and to
recommend a strategy to implement the Land Development Code
focusing on public awareness and Commission involvement, and
Whereas, the Ad-Hoc Committee did meet with Collier County
Staff in meetings open to the public and encouraged public
participation throughout the Code preparation process and held 16
Ad-Hoc Committee Steering Committee meetings, 25 Zoning
Subcommittee meetings, 22 Development Rights Subcommittee
meetings, 7 Definitions and General Provision Subcommittee
meetings; and
Whereas, both the County Planning Commission and Board of
County Commissioners held public workshop hearings to provide for
and encourage public participation; and
Whereas, the Collier County Planning Commission in a ~anner
prescribed by law did hold public hearings concerning the
adoption of the Land Development Code on September 27, 1991 and
October 11, 1991 and recommended its adoption to the Board of
County Commissioners;.and
Whereas, the Board of County Commissioners did take action
in the manner prescribed by law and did hold public hearings.
concerning the adoption of the Land Development Code on October
16, 1991 and October 30, 1991; 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 I FINDINGS:
The Board of County commissioners of Collier County,
Florida, hereby makes the following findings:
A. GENERAL
1. Collier County, pursuant to Sec. 163.3161, et. ~eq.,
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., requires 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.
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 Go the requirements of Sec. 163.3161 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,
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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 ia 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 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. Collier County finds that this 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 effectively with future problems that
may result from the use and development of land within the
total unincorporated area of Collier County and it is
intended that this Land Development Code preserve, promote,
protect, 'and improve the public health, safety, comfort,
good order, appearance, convenience, and general welfare of
Collier County; 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 resources; and maintain, through orderly growth and
development, the character and stability of present and
future land uses and development in Collier County.
11. It is the intent of the Board of County
Commissioners of Collier County to effectuate and directly
advance these requirements, findings, purposes and
intentions for the enhance~ent of the community character of
Collier County, for the b~tterment of the general welfare,
and for the reasons set forth herein through the
implementation of the Land Development Code pursuant to the
Collier County Growth Management Plan.
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., through the adoption of
this Code.
B. ADEQUATE PUBLIC FACILITIES
1. As part of that Comprehensive.Plan, Collier County
is required to prepare and adopt a Capital Improvement.
Element (CIE) which covers at least a five (5) year period
and is designed to consider the need for and location of
Public Facilities; and
2. The CIE is required to:
a) establish a level of service to determine
the adequacy of Public Facilities; and
b) based upon the established level of
service, estimate Public Facility needs
both to correct existing deficiencies and
accommodate needs projected by new growth
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and development; and
c) based on Public Facility needs, project
costs to provide the necessary Public
Facilities and find realistic revenue
sources to fund the Public Facilities;
and
3. The Comprehensive Plan with the CIE is designed to
ensure that adequate Public Facilities are available
concurrent with the impact of development; and.
4. Sec. 163.3177(10) (h), Fla. Stat., provides that
public Facilities and services needed to support development
must be available concu:'rent with the impacts of such
development; and
5. Sec. 163.3202(2) (g), Fla. Stat., also provides that
not later than one (1) year after its due date established
by the State land planning agency's rule for submission of
local Comprehensive Plans, a local government shall not
issue a development order or permit which results in a
reduction in the level of service for the affected Public
Facilities below the level of service provided in the
Comprehensive Plan and CIE; and
6. Rule 9J-5.0055, Florida Administrative Code
(F.A.C.) requires that a concurrency management system must
be implemented after adoption of a Comprehensive Plan with
its CIE to ensure that Public Facilities and services needed
to support development are available concurrent with the
impacts of such development; and
7. On January 10, 1989, Collier County adopted the
Collier County Growth Management Plan including a CIE
pursuant to the requirements of Sec. 163.3161 et. seq., Fla.
Stat; and
8. It is the intent of the Board of County
Commissioners of Collier County to implement the
"concurrency requirements" of the Collier County Growth
Management Plan, Sec. 163.3177(10) (h) and 163.3202(2) (g),
Fla. Stats., and Rule 9J-5, F.A.C. through this land
development code.
C. AFFORDABLE HOUSING DENSITY BONUS.
1. Sec. 163.3194(1) (b), Fla. Stat., requires that if
Collier County allows an existing land development
regulation which is inconsistent with the adopted
Comprehensive Plan, or element or portion thereof, to remain
in effect, Collier County shall adopt a schedule for
bringing the land development regulation into conformity
with the provisions of the most recently adopted
.Comprehensive Plan, or element or portion thereof; and
2. Sec. 163.3194(1) Ib), Fla. Stat., further requires
that during the interim p,~riod when the provisions of the
most recently adopted Comprehensive Plan, or element, or
portion thereof, shall govern any action taken in regard to
an application for a development order; and
3. Collier County has recognized and attempted to
address the problem of lack of adequate and affordable
housing for moderate, low, and very-low income households in
the County and the need for innovative programs to assist in
the provision of such housing by including several
provisions in the Collier County Growth Management Plan,
including objective 1.4, policy 1.4.1, objective 1.5, policy
1.5.3, policy 1.5.4, objective 1.6, po%icy 1.6.3, objective
2.1, policy 2.1.2 policy 2.1.5, and policy 2.1.6 of the.
Housing Element, statements regarding affordable housing
opportunities through density bonuses as discussed on page
H-1-62 of the Housing Element, and establishment of a
density rating system for provision of affordable housing as
described on pages LU-1-29, 30 and 31 and page LU-1-4 of the
of the Future Land Use Element, of the Collier County Growth
Managemen~ Plan, and by providing that land development
regulations be adopted and contain provisions to implement
the Collier County Growth Management Plan and include at a
minimum, inter alia, the establishment of an Affordable
Housing Density Bonus Program; and
4. The Affordable Housing Density Bonus Program is
part of the land development regulations required to be
consistent with and implemented under the Collier County
Growth Management Plan in that it provides for the
Affordable Housing Density Bonus Program recommended in the
Collier County Growth Management Plan; and
5. In order to comply with the Act, it is necessary to
implement an Affordable Housing Density Bonus Program in the
unincorporated portion of Collier County consistent with the
.Growth Management Plan; and
6. Collier County finds that the Affordable Housing
Density Bonus Program 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 effectively with future problems
that may result from the use and development of land within
the total unincorporated area of Collier County; and it is
intended that the Affordable Housing Density Bonus Program
preserve, promote, protect, and improve the public health,
safety, comfort, good order, appearance, convenience, and
general welfare.of Collier County; facilitate the adequate
and efficient provision of transportat%on, 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 resources; and maintain, through orderly growth and
development, the character and stability of present and
future land uses and development in Collier County; ~nd
7. It is the intent of the Board of County
Commissioners of Collier County to effectuate and directly
advance these requirements, findings, purposes and
intentions for the enhancement of the community character of
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Collier County, for the betterment of the general welfare,
and for the reasons set forth herein through the
implementation of the Affordable Housing Density Bonus
Program generally described in the Collier County Growth
Management Plan; and
8. It is the intent of the Board of County
Commissioners of Collier County to implement the Affordable
Housing Density Bonus Program of the Collier County Growth
Management Plan through this land development code.
D. BOARD OF ADJUSTMENTS AND APPEALS
1. The Board of County Commissioners adopted Collier
County Ordinance No. 83-16, establishing the Board of
Adjustments and Appeals.
E. COASTAL CONSTRUCTION ~ETBACK LINE VARIANCE
1. The right to acquire and possess property includes
the right to reasonably use the property.
2. The Florida Department of Natural Resources has
determined that construction along the coast needs to be
restricted to minimize destruction to the beach system and
limit impact on development resulting from storm events.
Chapter 16B-33, F.A.C. and Section 161.053, F.S. have
established standards and criteria for development adjacent
to the coast.
3. It is necessary to define an area where special
design considerations are necessary to protect the.
beach-dune system, structures proposed for placement
adjacent to the coast and adjacent property.
4. Certain aspects of coastal development may
potentially have undesirable impacts on the County and it is
appropriate to impose certain reasonable regulations on
coastal development within the County as in this land
development code.
F. COASTAL ZONE MANAGEMENT
1. The Growth Management Plan adopted by the Board of
County. Commissioners provides for the adoption of a program
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to protect and preserve the coastal barrier system of
Collier County.
2. Policies 11.6.1, 11.6.2 and 11.6.3 of the
Conservation and Coastal Management Element of the Growth
Management Plan establish the guidelines for protecting the
coastal barrier system and controlling development within
them.
3. The coastal barrier system provides an important
habitat for native plants and animals and serves as a first
line barrier to hurricane storm surges. Preservation and
.management of development within the coastal barrier system
is essential to maintainin,! this sensitive ecosystem and the
beaches which are a key element of the County's natural
resources.
G. CORRIDOR MANAGEMENT PLAN.
1. .Chapter 163, Part II, (Local Government
Comprehensive Planning and Land Development Regulation Act),
Florida Statutes, provides that counties shall have the
power and responsibility to plan comprehensively for their
future development and growth including the adoption and
implementation of appropriate land development regulations
which are necessary or desirable to implement a
comprehensive plan,, including the regulation of land uses
and zoning as provided in Section 163.3202,· Florida
Statutes.
2. The Future Land Use Element of the Growth
Management Plan requires that certain Land Development
Regulations be adopted to implement the Plan.
3. Policy 4.2 of the Future Land Use Element of the
Growth Management Plan requires that a Corridor Management
Plan be prepared in conjunction with the City of Naples for
GoodletteJFrank Road and Golden Gate Parkway from U.S. 41 to
Santa Barbara Boulevard.
4. The Corridor Management Plan was presented to the
Board of County Commissioners and the Naples City Council in
a Joint workshop on February 8, 1989.
5. The Board of County Commissioners directed staff to
draft Land Development Regulations consistent with the City
of Naples to implement the Corridor Management Plan.
6. The Collier County Planning Commission (Local
Planning Agency) has determined that this proposed zoning
ordinance is consistent with the adopted Growth Management
Plan as required by Section 163.3194(2) (a), Florida
Statutes.
H. ENDANGERED, THREATENED OR LISTED SPECIES PROTECTION
1. The Growth Management Plan adopted by the Board of
County Commissioners provides for the development and
implementation of a progra~ for protecting animal wildlife.
2. Policies 7.3.3, 7.3.4 and 7.3.5 of the Conservation
and Coastal Management Element of the Growth Management Plan
require the establishment of management guidelines for the
protection of endangered, threatened or listed species and
the use of interim guidelines through letters of technical
assistance from State and Federal agencies.
3. Wildlife preservation is a high priority issue
statewide, regionally and nationwide to protect endangered
or potentially endangered species. Protection of wildlife
is essential to maintaining the quality of the community and
a biologically diverse environment.
I. ENVIRONMENTAL ADVISORY BOARD
1. The Board of County Commissioners adopted Collier
County Ordinance No. 74-50 as amended by Collier County
Ordinance No. 87-97 creating the Water Management Advisory
Board (WMAB) to review proposed projects and to advise the
Board on the impacts of such projects on the land and water
resources and environmental quality of Collier County.
2. 'The Board of County Commissioners created the
Environmental Advisory Council (EAC) on February 10, 1970 to
collect biological, hydrological and geological facts
affecting Collier County in order'to advise the Board on
matters concerning air, land and water pollution as an aid
to proper zoning and the preservation of the environment.
3. The EAC and the WMAB exhibit overlapping areas of
responsibilities because they are both directed to advise
the Board on matters affecting the conservation and
maintenance of the County's natural resources.
4. The existence of two advisory boards, one to review
environmental quality matters, the other to review water
management matters, creates an unnecessary duplication in
closely related natural resource functions and features.
5. The merger of the two advisory boards into one
Environmental Advisory Board (EAB) would eliminate both the
fragmentation of the Coun~%y's natural resource review and
the unnecessary duplication involved in the presentation of
land development projects to members of both advisory
boards.
6. Objective 1.1 of the Conservation and Coastal
Management Element of the Growth Management Plan requires
the establishment of a Technical Advisory Committee to
advise and assist the County in the development and
implementation of the County environmental resources
management program.
7. The creation of the Collier County Development
Services Department with a sufficient number of
professionally qualified review staff reduces the need for.
appointed advisory boards to duplicate administrative
reviews.
8. Collier County Ordinance No. 77-66 provides for the
EAC to function as an appeals board for Environmental Impact
Statements.
9. Collier County ordinance No. 86-41 has established
standards for the creation of advisory boards and
qualifications for membership and process of appointments.
J. ENVIRONMENTAL IMPACT
1. The Growth Management Plan'adopted by the Board of
County Commissioners provides for the identification,
protection, conservation, and appropriate use of its native
vegetative communities and wildlife habitats.
2. Policy 6.4.1 of the Conservation and Coastal
Management Element of County Growth Management Plan requires
that viable naturally functioning native habitat communities
be identified on all plans for development requiring
development plans.
3. Article VIII, Section l(f) of the Constitution of
Florida confers on counties broad ordinance-making power
.when not inconsistent with general or special law.
4. Chapter 125.01, Florida Statutes, confers on all
counties in Florida general powers of government, including
the ordinance-making powur and the power to plan and
regulate the use of land and water.
5. There is great public need for the conservation of
natural resources including healthful, safe, productive,
aesthetically and culturally pleasing surrounds and
conditions; natural scenic, recreational, drainage, air,
water supply and other resources and systems; ecology of the
area and community.
6. It is necessary in the greater interest of private
landowners and .the. public to conserve and enhance the
qualities of life provided by these resources in order to
maintain and encourage the continued increase in general
land values reflected by healthful and safe surroundings
that please the residents of and visitors to the areas.
7. The general public interest shall be further served
by developments designed and executed for appropriate use of
natural resources and to create and maintain conditions for
this and future generations to exist in productive'harmony
with nature to fulfill present and future economic and other
needs and minimize present and future expenditure of public
funds.
8. It is necessary to Utilize a systematic,
inter-disciplinary approach to insure the integrated use of
the physical, natural and social sciences and arts in the
planning decision process to minimize negative impacts upon
and maximize the benefits and resources of the area.
K. EXCAVATION
1. The right to acquire and possess property includes
the right to ~se the property and to conduct excavations
thereon.
2. The excavation of private property within the
County for site development or recovery of natural resources
.generates economic benefits to the citizens of the County
through increased employment opportunities, higher tax
revenues for improved property and reduces costs for certain
building materials.
3. Certain aspects of the excavation process may
potentially have undesirable impau~s on the County and it is
appropriate to impose certain reasonable regulations on
excavations within the County as in this land development
code.
L. EXPLOSIVES
1. The United States Department of Labor Occupational
Safety and Health Administration has caused to be issued
Occupational Safety and Health Standards Subpart H -
"Explosives and Blasting Agents", Section 1926.900 through
and including Section 1926.914.
2. The Legislature of the State of Florida enacted
Chapter 552 of the Florida Statutes which encourages local
regulation of explosives, and the State Fire Marshal has
issued regulatory rules designated as Chapter 4A-2, Florida
Administrative Code pursuant thereto in order to regulate
the manufacture, distribution, storage and use of
explosive~.
3. The National Fire Protection Association 495
published a Code for the Manufacture, Transportation,
Storage and Use of Explosive Materials 1985 Edition.
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4. The United States Department of the Interior,
Bureau of Mines, has performed studies and prepared reports
relating to the effects of using explosives within the
vicinity of various types of structures.
5. It is well known that improper use of explosives
represent a hazard to life and property and it is
appropriate to impose certain reasonable regulations on the
use of explosives within the County as provided in this land
development code.
M. HISTORIC/ARCHAEOLOGICAL PRESERVATION
1. There are located within Collier County certain
historic and prehistoric archaeological sites and historic
areas, structures, .;uildings, improvements and
appurtenances, both public and private, both individual
properties and districts, which are monuments and landmarks
of past eras, events and persons important in local, state
and national history; significant scientific repositories of
prehistoric cultures; and that provide significant examples
of past architectural styles and are unique and
irreplaceable assets to the County.
2. These sites, areas, structures, buildings,
improvements, and appurtenances provide concrete evidence
for this and future generations of our physical surroundings
in past generations and of our cultural development and
these historic resources are the tangible remains of the.
prehistoric and historic heritage of Collier County and the
State of Florida.
3. The recognition, protection, enhancement, and
sensitive use of such resources is in the public interest,
and is essential to the health, safety, and welfare of the
residents of Collier County.
4. It is a matter of public policy that the
identification, evaluation, preservation, protection,
enhancement and sensitive use of historic and archaeological
sites and districts are public necessities because of their
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value as visual reminders of the heritage of this mmunity.
5. The identification and preservation of significant
historic and archaeological sites and properties is
consistent with Collier County's Growth Management Plan -
Future Land Use Element, Policy 3.1.i and Conservation and
Coastal Management Element, Policy 12.1.1.
6. This land development regulation is necessary to
protect the public interest, to halt illicit digging or
excavation activities which could result in the destruction
of prehistoric and historic archaeological sites, and to
.regulate the use of land in a manner which affords the
maximum protection to historic and archaeological sites,
districts, structures, buildings and properties consistent
with individual property rights. It is not the intent of
this land development regulation to deny anyone the use of
his propertY, but rather to regulate the use of such
property in a manner which will ensure, to the greatest
degree possible, that historic and archaeological sites,
districts, structures, buildings and properties are
protected from damage, destruction, relocations, or
exportation.
N. LANDSCAPING AND BUFFERING.
1. The current County Growth Management Plan, that has
been approved by the Board of County Commissioners'provides
for identification, protection, conservation, and.
appropriate use of its native vegetative communities, and
wildlife habitats.
2. Policy 6.4.1 of the Conservation and Coastal
Management Element of the County Growth Management Plan
requires identification of native habitat communities.
3. Policy 6.4.3 of the Conservation and 'Coastal
Management Element of the County Growth Management plan
requires new developments t° implement a program for removal
and long-term control of exotic plants.
4. Policy 6.4.5 of the Conservation and Coastal
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Management Element of the County Growth Management Plan
requires that developments greater than 2.25 acres receive a
tree removal permit according to the requirements of the
Tree Removal Ordinance (ord. 75-21), as amended.
5. Policies 6.4.6, 6.4.7, and 6.4.8 of the
Conservation and Coastal Management Element of the County
Growth Management Element requires that new developments
retain an appropriate amount of native vegetation on site.
6. Policies 7.3.6 of the Conservation and Coastal
Management Element of the County Growth Management Plan
.requires a survey for protected species.
7. The current County Growth Management Plan, that has
been approved by the Boar] of County Commissioners provides
for identification, protection, conservation, and
appropriate use of its native vegetative communities, and
wildlife habitats.
8. Policy 6.4.1 of the Conservation and Coastal
Management Element of the County Growth Management Plan
requires identification of native habitat communities.
9. Policy 6.4.3 of the Conservation and Coastal
Management Element of the County Growth Management Plan
requires new development to implement a program for removal
and long-term control of exotic plants.
10. Policy 6.4.5 of the Conservation and. Coastal
Management Element of the County Growth Management plan.
requires that developments greater than 2.25 acres receive a
tree removal permit according to the requirements of the
Tree Removal Ordinance (Ord. 75-21), as amended.
11. Policies 7.3.6 of the Conservation and Coastal
Management Element of the County Growth Management Plan
requires a survey for protected species.
O. MOBILE HOME OVERLAY
1. The Comprehensive Zoning Ordinance 82-2 establishes
the Mobile Home Subdivision and Mobile Home Rental Park
Districts'
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2. It is necessary and appropriate that there be
modifications and additions to the language governing said
districts-
3. These modifications and additions to the language
of said districts will not be to the detriment of the public
health, safety, comfort, order, appearance, convenience,
morals,, and the general welfare.
4. The Community Development Services Division,
petitioned the Board of County Commissioners of Collier
County, Florida, to amend Ordinance No. 82-2 by amending
.Subsections 7.17 and 7.18.
5. Collier County has recognized and attempted to
address the problem of lack of adequate and affordable
housing for moderate, low, and very-low income households in
the County and the need for innovative programs to assist in
the provision of such housing by including several
provisions in the Collier County Growth Management Plan,
including Objective 1.4, Policy 1.4.1, Objective 1.5,
Objective 1.6, Policy 1.6.3, Objective 2.1, and Policy
2.1.2, of the Housing Element, of the Collier County Growth
Management Plan, and by providing that land development
regulations be adopted and contain provisions to implement
the Collier County Growth Management Plan.
P. PARKING REQUIREMENTS.
1. Chapter 163, Part II, (Local Government.
Comprehensive Planning and Land Development Regulation Act),
Florida Statutes, provides that counties shall have the
power and responsibility to plan comprehensively for their
future development and growth including the adoption and
implementation of appropriate land development regulations
which are necessary or desirable to implement a
comprehensive plan.
2. There is an identified need to provide the optimum
minimum parking and stacking requirements which will improve
public safety and convenience and' minimize environmental
-18-
impacts and economic costs.
3. The Collier County Planning Commission (Local
Planning Agency) has determined that this proposed ordinance
is consistent with the adopted Growth Management Plan as
required by Section 163.3194(2), Florida Statutes.
4. On January 5, 1982, the Board of County
Commissioners approved Ordinance No. 82-2, which established
Section 8, Supplementary District Regulations, Subsection
8.23, Off-Street Parking: Required Amounts, of the Collier
County Zoning Ordinance.
5. The Community Development Services Division,
petitioned the Board of County Commissioners of Collier
County, Florida, to amend Ordinance No. 82-2, the Collier
County Zoning Ordinance, as set forth below.
6. On January 5, 1982, the Board of County
Commissioners approved Ordinance No. 82-2, which established
Section 8, Supplementary District Regulations, Subsection
8.12d., Off-Street Vehicular Facilities - Parking and
Loading, of the Collier County Zoning Ordinance.
Q. SEA TURTLE PROTECTION
1. Many beaches of Collier County serve as nesting
habitat for sea turtles.
2. Coastal development threatens the survival of
turtle hatchlings because the artificial light causes
disorientation in young hatchlings and may deter nesting of.
adult female sea turtles.
3. Sea turtles are an essential member of the food
chain, some of Florida's most unique reptiles, and have been
identified as a threatened and endangered species.
4. The protection of sea turtle adults and hatchlings
is of significant public interest.
5. 'This land development regulation is necessary to
protect the natural reproductive cycle of the sea turtle
during the nesting and hatching season which runs generally
from May 1, through October 31, of each year.
19
R. SIGNS.
1. Chapter 125, Florida Statutes, Establishes the
right and power of counties to provide for the health,
welfare and safety of existing and future residents by
enacting and enforcing zoning and business regulations
necessary for the protection of the public including sign
ordinances.
2. The Future Land Use Element of the Growth
Management Plan requires that certain Land Development
Regulations be adopted to implement the Plan.
3. Policy 3.1.E. of the Future Land Use Element
reguires that signage be regulated by amending the existing
sign regulations to include amendments to the frontage
requirements for signs, to consider shared signs on smaller
properties, to provide for definition of terms to clarify
the intent and to establish an amortization schedule for
non-conforming signs.
4. The Collier County Planning Commission (Local
Planning Agency) has determined that this proposed sign
ordinance is consistent with the adopted Growth Management
Plan as required by Section 163.3194(2) (a), Florida
Statutes.
S. SITE DEVELOPMENT PLAN
1. It is essential that prior to the issuance of a
final local development order an applicant's building and.
land utilization project must undergo a comprehensive review
to ensure compliance with appropriate land development
regulations, maintain the integrity of those regulations and
ensure their uniform application for the betterment of the
community.
2. The Site Development plant review process is
necessary for the purpose of ensuring that a proposed
development complies with the fundamental planning and
engineering and environmental design principles and all
applicable regulations of this Land Development Code.
3. It is the intent of the Site Development plan
review process to ensure consistency with all elements of
the Collier County Growth Management Plan, address the
layout and arrangement of buildings and open spaces; traffic
circulation including driveways, parking areas and emergency
access; the availability and capacity of drainage and
utility facilities and other supporting infrastructure; and,
overall compatibility with adjacent development and the
preservation and enhancement of the natural features of the
site.
.T. SOIL EROSION CONTROL
1. The Growth Management Plan adopted by the Board of
County Commissioners provides for the establishment of a
program to control soil ergsion.
2. Policies 5.4.1, 5.4.2, 5.4.3 and 5.4.4 of the
Conservation and Coastal Management Element of the Growth
Management Element require the adoption of design criteria
and incorporation of stipulations for development orders to
ensure that soil erosion is controlled during development of
projects.
3. Controlling soil erosion is essential for limiting
sediment transport, minimizing impact on adjacent receiving
waters and preserving the quality of the surface waters of
Collier County.
U. SUBDIVISION
1. Article VIII of the 1968 Constitution of the State
of Florida vests County governments with powers of
self-government as provided by general and special law.
2. Section 125.01, Florida Statutes, vests counties
with the power to establish, coordinate and enforce business
regulations, building, housing, and related technical codes
regulations as are necessary for the protection of the
public and to perform other acts not inconsistent with laws
which are in the common interest of the people of the County
and to exercise all powers and prigileges not specifically
prohibited by law.
3. Sections 125.01, 336.02 and 336.08, Florida
Statutes, provide that counties have the power and authority
to establish new roads and locate and change the same.
4. Chapter 163 and Special acts, Chapter 67-1246, Laws
of Florida, authorize the Board of County Commissioners to
adopt, .prescribe and promulgate rules and regulations
governing the filing of plats and development of
subdivisions, in order to aid in the coordination of land
development in counties and incorporated municipalities in
.accordance with orderly physical patterns; to discourage
haphazard, premature, uneconomic, or scattered land
development; to insure safe and convenient traffic control;
to encourage development of economically stable and
healthful communities; to insure adequate utilities; to
prevent periodic and seasonal flooding by providing
protective flood control and drainage facilities; to
provide public open spaces for recreation; to insure land
subdivision with installation of adequate and necessary
physical improvements; to insure that the citizens and
taxpayers of Collier County will not have to bear the costs
resulting from haphazard subdivision of land and the lack of
authority to require installation by the developer of
adequate and necessary physical improvements; to insure the
purchaser of land in a subdivision that necessary.
improvements of lasting quality have been installed.
5. It is expedient for the good government, public
safety and general welfare of Collier County to regulate the
filing of plats and developing of subdivisions within the
unincorporated area of Collier County, Florida.
V. VEGETATION REMOVAL, PROTECTION AND PRESERVATION'
1. 'The current Growth Management Plan, adopted by the
Board of County Commissioners provides for the
identification, protection, preservation, conservation and
appropriate use of native vegetative communities and
-22-
wildlife habitats.
2. Many exotic species have been determined to be
harmful to the County's native species habitats; and
3. Policy 6.4.3 in the Conservation and Coastal
Management Element of the current Growth Management Plan
requires new developments to submit and implement a plan for
removal and long term control of exotic plants.
4. Policy 6.4.5 of the Conservation and Coastal
Management Element Plan requires that a County Tree Removal
Permit be obtained for developments greater than 2.25 acres.
5. Policies 6.4.6, 6.4.7 and 6.4.8 of the Conservation
and Coastal Management Element of the County Growth
Management Element requir~ preservation and conservation of
native vegetation in new developments.
6. Trees serve the essential function of converting
carbon dioxide into oxygen for sustaining human and animal
life.
7. Trees are a positive physical and psychological
factor making urban life more comfortable by providing
shade, cooling the air, and reducing noise levels and glare,
by breaking the monotony of man's development of the land
and providing varied environmental amenities.
8. Tree protection results in use of trees for
landscape purposes and effectively pFotects and conserves
property values.
9. Coastal mangrove trees serve to ameliorate the
destructive effects of hurricane storm surge.
10. The protection of trees within Collier County is
desirable and essential to the health, welfare, and general
well-being of residents and visitors and the maintenance of
property values to the present and future owners.
W. VEHIdLES UPON BEACH SAND DUNES
1. The highest and best use of Collier County's
coastal resources is as a source of public and private
recreation.
-23-
2. The beaches and dunes are a primary resource of
important economic, recreational and aesthetic value to the
visitors, citizens and landowners to and of Collier County.
3. The value of this resource, if not degraded,
continues to increase.
4. Sand dunes which inhibit adverse beach erosion,
stabilize and nourish g~lf beaches, are highly susceptible
to degradation and destruction, and improper development
will cause such degradation and destruction causing
deterioration of this valuable resource and irreversible
.economic, recreational and aesthetic loss to landowners,
citizens, and visitors.
5. The operation cf vehicles upon beaches and sand
dunes is a hazard to ~afety and inconsistent with and
destructive of the value and use of beaches and sand dunes.
X. WELL CONSTRUCTION
1. It is necessary and in the public interest to
regulate the location, construction, alteration, repair,
equipment, maintenance, and plugging of wells in Collier
County as defined herein in the interest of the public
health, safety and welfare.
2. Regulation of well construction is necessary
because improperly~ constructed, repaired, or abandoned
wells, test holes, or hydraulic elevator shafts, 'have the
capacity to create hazards to the health, welfare and safety.
of the citizens of Collier County and to pollute or
otherwise adversely affect the quality of water resources of
Collier County.
Y. ZONING
1. Article VIII, Section l(f) of the Constitution of
Florida confers on counties broad ordinance-making power
when not ~nconsistent with general or special law.
2. Chapter 125.01, ~iorida statutes, confers on all
counties in Florida general powers of government, including
the ordinance-making power and the power to plan and
-24-
regulate the use of land and water.
3. The Board of County Commissioners of Collier
County, Florida, have adopted comprehensive zoning
regulations for those unincorporated lands and waters
subject to the Jurisdiction of the County, to the end that
the public health, safety, comfort, order, appearance,
convenience, morals, and the general welfare will.be served.
4. On January 5, 1982, the Board of County
Commissioners approved Ordinance No. 82-2, which established
the Comprehensive Zoning Regulations for the unincorporated
.area of Collier county.
SECTION TWO: SHORT TITLE AND CITATION
This Ordinance, as described herein, shall be known and
cited as the Collier Count; Land Development Code.
SECTION THREE: ENACTMENT OF LAND DEVELOPMENT CODE
The Collier County Land Development Code, consisting of
the following parts:
Article One:
General provisions, Relating to legislative authority,
findings, Purpose and intent, Applicability,
Interpretations, Vested Rights, Nonconformities,
Enforcement, Fees, Laws incorporated by reference,
Amendments to this code, Conflict with other laws,
Severability, Repealer,and Codification, Effective date
and enactment;
Article Two:
Zoning, R~lating to general, Zoning Districts,
Permitted Uses, Conditional Uses, Dimensional
Standards, Off-Street Parking and Loading, Landscaping
and Buffering, Signs, Supplemental District
Regulations, and Zoning Administration and Procedures;.
Article Three:
Development Requirements, Relating to general,
Subdivisions, Site Development Plans, Explosives,
Excavation, Well Construction, Soil Erosion Control,
Environmental Impact Statements (EIS), Vegetation
Removal Protection and Preservation, Sea Turtle
Protection, Endangered Threatened or Listed Species
Protection, Coastal Zone Management, Coastal
Construction Line Variance, Vehicle on the Beach
Regulations, and Adequate Public Facilities;
Article Four:
Impact Fees, Relating to Road Impact Fees, bark and
Recreational Impact Fees, Library System Impact Fees,
Regi6nal Water System Impact Fee, and Regional Sewer
System Impact Fee;
Article Five:
Decision-making and Administrative Bodies, Relating to
Board of County Commissioners, Planning Commission,
Board of Zoning Appeals, Building Board of Adjustments
and Appeals, Code Enforcement Board, Building
Contractors' Licensing board, County Manager, Growth
25
Management Department, Community Development Services
Division, Development Services Department, Growth
Planning Department, Housing and Urban Improvement
Department; Environmental Advisory Board and
Historic/Archaeological Preservation Board Created and
Established;
Article Six=
Definitions, Relating to Rules of Construction,
Abbreviations and Definitions,
attached hereto and incorporated by reference herein, as
Exhibit A, is hereby adopted by the Board of County
Commissioners.
SECTION. FOUR: REPEALER
The Land Development Code setout herein shall supercede
and repeal any and all resolutions and ordinances in
conflict herewith except as specifically set forth in the
Land Development Code.
SECTION FIVE: ZONING ATLAS MAPS
The Zoning Atlas Maps numbered 462728 through 3923N
attached hereto and incorporated by reference herein are
hereby adopted and made a part of the Collier County Land
Development Code.
SECTION SIX: 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 provision and such holding shall
not affect the validity of the remaining portion.
SECTION SEVEN: 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 30~h day of OCTOBER ,
1991.
iA DATE: OCTOBER 30, 1991 BOARD OF COUNTY COMMISSIONERS
· ~ COLLIER COUNTY, FLORIDA
JAMES ~D. GILES, CLERK PATRICIA ANNE GOODNIG~L~, CHAIRMAN
.-' '""'?~ ~i"~: '.f'....
" ':.-; ':. · ~1;...
:. ';APPROVED AS
"-. "L~GAL SUFFI. CIENC¥
.. MARJO~E M. STUDENT
ASSISTANT COUNTY ATTORNEY
Thi~ ordlnonce fi!.d with the
" ,~r~etary of 5:ot~'s Office th~
~ day o~.~_,
ond ockncw'i, daeme~r~.f~ that
MN'H/mind/943 fllj~ recelved ~~ day
of~~Y~Z /9/
-27-
EXHIBIT "A"
Collier County Land Development Code
STATE OF FLORIDA )
COUNTY OF. COLLIER )
I, JAMES C. GILES, Clerk of Courts in and for the
Twentieth Judicial Circuit, Co.llier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of:
Ordinance No. 91-102
which was adopted by the Board of County Commissioners on
the 30th day of October, 1991, during Special Session.
WITNESS my hand and the official seal of the Board of
County Commissioners 6f Collier County, Florida, this 7th
day of November, 1991.
JAMES C. GILES
" Clerk of Courts and Clerk.' .......
Ex-officio to Board o~.~ .." .......
County Commissioners "." '"."
--ByJ /s/Louise Cheson~.s..:,;. ' . '" - · ~' '
Deputy Clerk ·
" ' %' 1"3" ;'""
COLLIER COUNTY
LAND DEVELOPMENT CODE
el
Adopted on October 30, 1991
By tide Collier County Board of County Cmmni.'isioncrs
I
COLLIER COUNTY BOARD OF COUNTY COMMI~IO~RS
Patricia A~ne Goodnight, Chairma. n
M~ A. H~sse, Jr.
Burt L. Saunders
Richard S. Shanthan
Michgl J. Volpe
COLLIER COUNTY PLANNING COMMI~ION
Wayne B. )oung, Chairman
R. Frederick Keyes Richard L. Klm
George Bottner Raymond R. Link
Michgl A. Davis Fr~! N. Thomas, Sr.
K~meth R. Hunt Sackie Williams
COUNTY MANAGER
W. Nell Dorrill
COUNTY ATTORNEY
Kenneth B. Cuyler
CLERK OF THE CIRCUIT COURT
James C. Gilea
CO~TY DEVELOPMENT SERVICES ADMINIST]~.ATQR
Frs~k W. Brutt
SPECIAL THANKS:
Kenneth W. Baginski, Planning Services Manager
Barbara A. Cacchione, Chief of Long Range Planning
Joseph F. Delat~, Landscape Pl~n~
Martha N. Howell, Assistant County Attorney
John M~l~jewski, Project Review Servicea Manager
CONSULTANT
William W. Merrill, III, F_.sq.
Icard, Merrill, Cullis, Timm, Furen & Ginsburg, P.A.
Cotller County i Ocwber JO, 1991
land Developrntn~ Code
SPECIAL APPRECIATION TO
THE UNIFIED LAND DEVELOPMENT CODE AD HOC COMMITTEE
FOR 1TS VALUABLE REVIEW AND COMMENTS AND PROMOTION OF FUBLIC PARTICIPATION
Mark B. Morton, Chairman Rober~ A. Pa.hl
R. Bruce Anderson Craig J. Pajcr
A. Gall Boorn~a F. Fred Pez~hkan
J. Gtry Buffer Dwight Richardson
Edward J. Erpelding Todd T. Turr~ll
Gerrud F. McNeil Susan Hcbel Watts
Collier Cou~ It October $0, 1991
Land Development Code
TABLE OF CONTENTS
ARTICLE 1
GENERAL PROVISIONS
DIV. 1.1 TITLE AND CITATION ........................................ 1
DIV. 1.2 LEGISLATIVE AUTHORITY ....................................
'DIV~ 1.3 FINDINGS ................................................. 3
SEC. 1.3.1 ........................................................... 3
SEC. 1.3.1 ............................................................ 3
SEC. 1.3.2 ............................................................ 3
SEC. 1.3.3 ............................................................ 3
SEC. 1.3.4 ............................................................ 3
SEC, 1.3.5 ............................................................ 3
SEC. 1.3.6 ............................................................ 3
SEC, 1.3.7 ............................................................ 3
SEC. 1.3.8 ............................................................ 3
SEC. 1.3.9 ............................................................ 3
SEC. 1.3.10 ........................................................... 4
SEC. 1.3.11 ........................................................... 4
SEC. 1.3.1~- ............. : ............................................ ~ 4
DIV. 1.4 PURPOSE AND INTENT ....................................... 5
DIV. 1.5 APPLICABILITY ............................................ 6
SEC. 1.5.1 RELATIONSHIP TO GROWTH MANAGEMENT PLAN .................... 6
SEC. 1.5.2 EXCEPTIONS .. .............................................. 6
SEC. 1.5.3 TIME LIMITS ON PREVIOUSLY APPROVED DEVELOPMENT ORDERS AND
NON-CONFORMING SIGNS ..................................... 7
SEC. 1.5.4 TIME LIMITS ON NON-CONFORMING SIGNS ......................... 7
Collier County Iii October JO. 1991
l~ut Dtvelopm¢~. Code
SEC. 1.6.6 APPEAL TO BOARD OF ZONING APPEALS OR BUILDING BOARD
OF ADJUSTMENTS AND APPEALS ................................ 9
SEC. 1.6.7 RULES FOR INTERPRETATION OF BOUNDARIES ...................... 9
SEC. 1.6.8 CASES NOT COVERED BY SEC. 1.6.7 ............................. 11
SEC. 1.6.9 DIVISION OF A LOT OF RECORD BY A BOUNDARY ................... 11
SEC. 1.6.10 CONTINUITY OP ZONING ..................................... 11
DIV. 1.7 VESTED RIGHTS. ' 12
SEC. 1.7.1 ADMINISTRATIVE PROCESS .................................... 12
SEC. 1.7.2 APPLICATION .............................................. 12
SEC. 1.7.3 DETERMINATION OF COMPLETENESS ............................. 12
SEC. 1.7.4 REVIEW AND DETERMINATION OR RECOMMENDATION BY DEVELOPMENT
SERVICF~S DIRECTOR AND COUNTY A'I'rORNEY ...................... 12
SEC. 1.7.$ REVIEW AND DETERMINATION OF VESTED RIGHTS DETERMINATION BY
HEARING OFFICER ........................................... 13
SEC. 1.7.6 ISSUANCE OF VESTED RIGHTS DETERMINATION BY' HEARING OFFICER ..... 13
SEC. 1.7.7 APPEAL TO THE BOARD OF COUNTY COMMISSIONERS ................. 13
SEC. 1.7.8 CRITERIA FOR VESTED RIGHTS .................................. 14
SEC. 1.7.9 LIMITATION ON DETERMINATION OF VESTED RIGHTS ................. 14
DIV. 1.8 NONCONFORMrFIES .................... ; .................... 15
SEC. 1.8.1 GENERALLY ............................................... 15
'SEC. 1.8.2 NON-CONFORMING LOTS OF RECORD ............................. 15
Collier County ~v October JO. 1991
SEC. 1.8.3 NON-CONFORMING USES OF LANDS OR WATERS OR STRUCTURES ONLY .... 16
SEC. 1.8.4 EXTENSION OF USE IN BUILDIN~ MANIFESTLY DESIGNED FOR SUCH USE . . . 16
SEC. 1.8.5 CHANGE IN TENANCY OR OWNERSHIP ............................ 16
SEC. 1.8.6 CHANGE IN USE ............................................ 17
SEC. 1.8.7 CASUAL, TEMPORARY, OR ILLEGAL USE ........................... 17
SEC. 1.8.8 USES UNDER CONDITIONAL USE PROVISIONS NOT NON-CONFORMING
USES ..................................................... I?
SEC. 1.8.9 CHANGE TO CONFORMING US ~, REQUIRES FUTURE CONFORMITY WITH
DISTRICT REGULATIONS ...................................... 17
SEC. 1.8.10 NON-CONFORMING STRUCTURES ................................ 17
SEC. 1.8.11 IMPROVEMENTS OR ADDITIONS TO NON-CONFORMING MOBILE HOMES .... 19
SEC. 1.8.12 DESTRUCTION OF MAJOR STRUC-~URE OR STRUCTc".'.F.S ................ 19
SEC. 1.8.13 REPAIRS AND MAINTENANCE '. .................................. 19
SEC. 1.8.14 NON-CONFORMING STRUCTURES UNSAFE BECAUSE OF LACK OF
MAINTENANCE ............................................. 19
· SEC. 1.8.15 NON-CONFORMING STRUCI'URES UNSAFE FOR REASONS OTHER THAN
OF MAII~'I'ENANCE ........................................... 19
DIV. 1.9 ENFORCE~ ............................................. 20
SEC, 1.9.1 GENERAL ................................................. 20
· SEC. 1.9.2 VIOLATION ......................................... . ....... 20
SEC, 1.9.3 COMPLAINTS REGARDING VIOLATIONS ............................ 20
SEC. 1.9.4 I..IAB ILrrY ................................................. 20
SEC. 1.9.5 PROCEDURES UPON DISCOVERY OF VIOLATIONS ..................... 20
SEC. 1.9.6 CRIMINAL PENALTIES AND REMEDIES ............................ 21
SEC. 1.9.7 CIVIL PENALTIES AND REMEDIES ................................ 21
SEC. 1.9.8 OTHER REMEDIES ........................................... 22
SEC. 1.9.9 NOTICE AND APPEAL ................................... .' ..... 23
Col~cr Comuy ~ October JO, 1991
L~t Dn,,topm~t Co~
SEC. 1.9.10 PROSECUTION UNDER PREVIOUS REGULATIONS ..................... 23
DIV. 1.10 FEES .................................................... 24
SEC. 1.10.1 ESTABLISHMENT OF SCHEDULE OF FEES, COSTS AND OTHER CHARGES .... 24
SEC. 1. I0.2 MAINTENANCE AND AMENDMENT OF SCHEDULE .................... 24
SEC. 1.10.3 PAYMENT OF FEES, COSTS, AND OTHER CHARGES ................... 24
DIV. IA1 RESERVED ' , ..................... 25
DIV.'I.12 RESERVED ................................................ 26
DIV. 1.13 RESERVED ................................................ 27
DIV. 1.14 ~VED ................................................ 28
DIV. I.lS RESERVED ................................................ 29
DIV. 1.16 RESERVED ................................................. 30
DIV. 1.17 ~VED 31
DIV. 1.18 LAWS INCORPORATED HEREIN BY REFERENCE .................... 32
DIV. 1.19 AMENDMENTS TO THIS CODE .................................. 34
SEC. 1.19.1 TIMING ................................................... 34
SEC. 1.19.2 PROCEDURE ............................................... 34
DIV, 1,20 CONFLICt WITH OTHER LAWS ................................. 35
DIV, 1,21 SEVERA IqlLITY ............................................. 36
DIV. 1.22 REPEALF. R ................................................ 37
SEC. 1.7.2.1 REPEALER ................................................. 37
SEC. 1.22.2 CODIFICATION ............................................. 38
DIV. 1.2.3 EFFECTIVE DATE; ENACTMENT ................................ 39
SEC. 1.23.1 EFFECTIVE DATE. ~ .......................................... 39
CoH4gr County ,4 October JO, 11}91
~ D~v~io~nt C~Je
ARTICLE 2
DIV. 2.1 GENERAL ................................................. 1
SEC. 2.1.1 SHORT TITLE ............................................... 1
SEC. 2.1.2 GENERAL PURPOSE ........................................... I
SEC. 2.1.3 ZONING DISTRICTS EKrABLISHED ................................
SEC. 2.1.4 ~ABLISHMENT OF OFFICIAL ZONING ATLAS ...................... 2
SEC. 2.1.$ AMENDMENT TO THE OFFICIAI. ZONING ATLAS ..................... 2
SEC. 2.1.6 UNAUTHORIZED AMENDMEN'P,; TO OFFICIAL ZONING ATLAS OR CODE
PROHIBITED ............................................... 3
SEC. 2.1.7 FINAL AUTHORFFY OF OFFICIAL ZONING ATLAS AND CODE ............. 3
SEC. 2.1.8 RETENTION OF EARLIER ZONING MAPS OR ATLASES .................. 3
SEC. 2.1,9 REPLACEMENT OF OFFICIAL ZONING ATLAS ........................ 3
SEC, 2,1,10 ZONING REGULATIONS ARE MAXIMUM OR MINIMUM LIMITATIONS ....... 4
SEC, 2,1, I 1 ZONING AFFECTS USE OR OCCUPANCY ............................ 4
SEC, 2.1.12 MULTIPLE USE OF REQUIRED SPACE PROHIBITED .................... 4
SEC. 2.1.13 REDUCTION OF LOT AREA PROHIBITED ............................ 4
SEC, 2.1,14 DEFINITIONS OF GROUPINGS OF VARIOUS DISTRICTS .................. 4
sec, 2. l, 1:5 PROHIBITED USES AND STRUCTURES .............................
SEC, 2,1.16 EFFECT OF APPROVALS UNDER THE ZONJNG REEVALUATION
ORDINANCE ...............................................
SEC, 2,1,17 TIME LIMITS ON PREVIOUSLY APPROVED DEVELOPMENT ORDERS ........
SEC, 2, l, 18 CONTINUATION OF PROVISIONAL USES ............................
DIV. 2.2 ZONING DISTRICTS, PERMITTED USES, CONDITIONAL USES,
DIMENSIONAL STANDARDS .................................... 6
SEC. 2.2.1 GOLF COURSE DISTRIC'F (GC) ................................... 6
SEC. 2.2.2 RURAL AGRICULTURAL DISTRICT (A) ............................. 7
Collier ~ vii Oc~ber $0, 1991
SEC. 2.2.4 RESIDENTIAL SINGLE FAMILY DISTRICTS (RSF) ...................... 13
SEC. 2.2.5 RESIDENTIAL MULTI-FAMILY-6 DISTRICT (RMF-6) .................... 16
SEC. 2.2.6 RESIDENTIAL MULTIPLE FAMILY-12 DISTRICT (RMF-12) ................ lg
SEC. 2.2.7 RESIDENTIAL MULTIPLE FAMILY-16 DISTRICT (RMF-16) ................ 20
SEC. 2.2.8 RESIDENTIAL TOURIST DISTRICT (RI') ............................. 21
SEC. ~.2.9 VILLAGE RESIDENTIAL DISTRICT (VR) ............................. 23
SEC. 2.2.10 MOBILE HOME DISTRICT (MH) .................................. 25
SEC. 2.2. I 1 TKAVEL TKAILER - R~CREAT. ONAL VEHICLE CAMPGROUND DISTKICT
(TTRVC) .................................................. 2s
SEC. 2.2.12 COMMERCIAL PROFESSIONAL/TRANSITIONAL DISTRICT (C-I/T) .......... 33
SEC. 2.2.13 COMMERCIAL CONVENIENCE D'ISTRICT (C-2) ........................ 36
SEC. 2.2.14 COMMERCIAL INTERMEDIATE DISTRICT (C-3) ....................... 39
SEC. 2.2. IS GENERAL COMMERCIAL DISTRICT (C..4) ·. .......................... 42
SEC. 2.2.15~,6 HEAVY COMMERCIAL DISTRICT (C-5) ............................. 44
SEC. 2.2.16 INDUSTRIAL DISTRICT OD ...................................... 47
SEC. 2.2.18 PUBLIC USE DISTRICT (P) ...................................... 53
SEC. 2.2.19 COMMUNITY FACILITY DISTRICT (CF) ............................. 55
SEC. 2.2.20 PLANNED UNIT DEVELOPMENT DISTRICT (PUD) ..................... 57
SEC. 2.2.21 CORRIDOR MANAGEMENT OVERLAY DISTRICT (CMO): SPECIAL
REGULATIONS FOR PROPERTIES ABUTTING GOLDEN GATE PARKWAY WEST
OF SANTA BARBARA BOULEVARD AND GOODLETTE - FRANK ROAD SOUTH
OF PINE RIDGE ROAD ......................................... 66
SEC. 2.2.22 MOBILE HOME OVERLAY DISTRICT (MHO): SPECIAL REGULATIONS FOR
MHO IN RURAL AGRICULTURE (A) DISTRICTS ....................... 68
SEC. 2.2.23 AIRPORT OVERLAY DISTRICT (APO): SPECIAL REGULATIONS FOR SPECIFIED
AREAS IN AND AROUND THE AIRPORTS IN COLLIER COUNTY ........... 68
Collier County rill October .10, 1991
Land Oevelopmem Code
38'
SEC. 2.2.24 SPECIAL TREATMENT OVERLAY DISTRICT (ST): SPECIAL REGULATIONS FOR
AREAS OF ENVIRONMENTAL SENSITIVITY AND LANDS AND STRUCTURES
OF HISTORICAL AND/OR ARCHAEOLOGICAL SIGNIFICANCE AND THE BIG
CYPRESS AREA OF CRITICAL STATE CONCERN ...................... 78
SEC. 2.2.25 HISTORICAL AND ARCHAEOLOGICAL SITES DESIGNATION .(H): SPECIAL
REGULATIONS FOR PRESERVATION OF HISTORICAL AND
ARCHAEOLOGICAL SITES ...................................... 88
DIV. 2.3 OFF-STREET PARKING AND LOADING ........................... IO0
SEC. 2.3.1 TITLE AND CITATION ........................................ 100
SEC. 2.3.2 PURPOSE AND INTENT ....................................... 100
SEC. 2.3.3 GENERAL APPLICABILITY .................................... 100
SEC. 2.3.4 OFF-STREET VEHICULAR FAC. LITIES: DESIGN STANDARDS ............. 101
SEC. 2.3.5 OFF-STREET PARKING: SHARED PARKING ......................... 106
SEC. 2.3.6 OFF-STREET PAR. KING: USES NOT SPECIFICALLY MENTIONED .......... 109
SEC. 2.3.7 OFF-STREET PARKING: FRACTIONAL MEASUREMENTS ................ 109
SEC. 2.3.8 OFF-STREET PARKING: MEASUREMENT ........................... 109
SEC. 2.3.9 OFF-STREET PARKING: MINIMUM REQUIREMENT .................... 109
SEC. 2.3.10 OFF-STREET PARKING: ENCROACHMENT PROHIBITED ................ 109
SEC. 2.3.11 OFF-STREET PARKING: NOT TO BE REDUCED OR CHANGED ............ 109
SEC. 2.3.12 OFF-STREET PARKING: RESERVATION ............................ 110
· SEC. 2.3.13 [RESERVED] ............................................... 1 I0
SEC. 2.3.14 OFF-STREET PARKING AND STACKING: REQUIRED AMOUNTS ........... 110
SEC. 2.3.15 OFF-STREET LOADING: SPECIFICATIONS .......................... 1 ! 8
SEC. 2.3.16 OFF-STREET LOADING: PLANS REQUIRED ......................... 119
SEC. 2.3.17 OFF-STREET LOADING: RESERVATION ............................ 119
SEC. 2.3.18 OFF-STREET LOADING: COMBINED OFF-STREET LOADING ............. 119
SEC. 2.3.19 OPF-STREET LOADING REQUIREMENTS ........................... 119
Collier County i~ October JO. 1991
~ Development
0'49 39
SEC. 2.3.20 OFF-STREET PARKING SPACES REQUIRED FOR DISABLED PERSONS ....... 120
SEC. 2.3.21 STANDARDS FOR PARKINO WITHIN THE IMMOKALEE CENTRAL BUSINESS
DISTRIC~ ................................................ 121
DIV. 2.4 LANDSCAPING AND BUFFERING ............................... 124
~;~ SEC. 2.4. I TITLE AND CITATION ........................................ 124
· SEC. 2.4.2 PURPOSE AND INTENT ................... ' .................... 124
~EC. 2.4.3 PROCEDUREs ............................................. I24
. SEC. 2.4.4 PLANT MATERIAL STANDARDS AND INSTALLATION STANDARDS ........ 127
SEC. 2.4.5 MINIMUM LANDSCAPING REQUIRED FOR VEHICULAR USE AREAS ....... 131
SEC. 2.4.6 MINIMUM LANDSCAPING REQUIREMENTS ......................... 133
SEC. 2.4.7 MINIMUM LANDSCAPE BUFFERING AND SCREENING BETWEEN USES ..... 133
DIV. 2.5 SIGNS ................................................... 137
SEC. 2.5.1 TITLE AND CITATION ........................................ 137
SEC. 2.5.2 APPLICABILITY ............................................ 137
~'~' · SEC. 2.5.4 PURPOSE AND INTENT 137
~,~ . SEC. 2.5.5 SIGNS EXEMPT FROM PERMITTING .............................. 137
~.,.~,. SEC. 2.5.6 PROHIBITED SIGNS .......................................... 140
"' SEC. 2.5.7 TERMINATION OF PROHIBITED SIGNS ............................ 142
SEC. 2.5.10 . CONTINUATION OF NONCONFORMING SIGNS ....................... 150
SEC. 2.5.11 VARIANCES ................................................ 150
SEC. 2.5.12 PERMIT APPLICATIONS ....................................... 151
DIV. 2.6 SUPPLEMENTAL DISTRICT REGULATIONS ........................ 155
t!,i Collier County x October $0, 1991
~ Develotz~,~t Code
!-' $£C. 2.6.1 VISIBILITY AT INT~RSECYIONS IN ALL ZONING DISTRICTS ............. 155
SEC. 2.6.2 LOCATION OF ACCESSORY STRUCTURES .......................... 155
'.. SEC. 2.6.3 EXCLUSIONS FROM HEIGHT LIMITS ............................. 158
SEC. 2.6.4 EXCEPTIONS TO REQUIRED YARDS ' 158
SEC. 2.6.5 BUILDINGS TO HAVE ACCF. SS .................................. 160
SEC. 2.6.6 USE OF RESIDENTIALLY ZONED PROPERTY FOR ACCESS PROHIBITED ..... 160
SEC. 2.6.7 PARKING AND STORAGE OF CERTAIN VEHICLES .................... 161
SEC. 2.6.8 MOVING OF BUILDINGS OR STRUCTURES ......................... 162
SEC. 2.6.9 ESSENTIAL SERVICES ........................................ 162
SEC. 2.6.10 LOCATIONAL RESTRICTIONS FOR USE INVOLVING INTOXICATING
~; BEVERAGES .............................................. 163
:~/ ' SEC, 2.6.11 FENCES .................................................. 165
· SEC. 2.6.12 BOATS OR OTHER FLOATING EQUIPMENT USED AS DWELLING UNITS ..... 167
'. SEC, 2.6.14 G~ HOUSE ............................................. 167
~.~ . SEC, 2.6,16 INTEGRAL CARETAKER'S RESIDENCE IN COMMERCIAL AND INDUSTRIAL
DISTRICTS ................................................ 168
SEC, 2.6.17 CONDOMINIUMS ............................................. 169
SEC. 2.6.18 DEED RESTRICTIONS ......................................... 169
" SEC, 2,6,19 RELATION TO STATE AND FEDERAL STATUTES ..................... 169 '
SEC, 2,6,21 PRIVATE BOAT HOUSES AND DOCKS ............................. 170
SEC, 2,6,22 [RESERVED] .............................................. 1'/2
,, sec. 2.6.23 PROHIBITED ANIMALS IN RESIDENTIAL DISTRICTS .................. 172
'. SEC, 2.6,24 INTERIM AGRICULTURAL USE OF PREMISES ....................... 172
Collier CouriOr J~t October 30, 1991
Land O~.~tot,~en~ Code
SEC. 2.6.2.5 FARM LABOR HOUSING ...................................... 175
SEC. 2.6.26 LOCATION REQUIREMENTS FOR GROUP HOUSING (GH) 177
SEC. 2.6.27 CjustER HOUSING (ZERO LOT LINES) ............................ 179
SEC. 2.6.28 AUTOMOBILE SERVICE STATIONS ............................... 181
SEC. 2.6.29 PRIVATE AIRPORTS ......................................... 184
SEC. 2.6.30 PROVISIONS OF POLLING PLACES ' 184
SEC. 5.6.31 PROPERTY-FOR PUBLIC USE ................................... 185
SEC. 2.6.32 OPEN SPACE REQUIREMENTS I!; ALL ZONING DISTRICTS .............. 186
SEC. 2.6.33 TEMPORARY USE PERMITS ................................... 186
SEC. 2.6.34 IRESERVED] 188
SEC. 2.6.35 COMMUNICATIONS TOWERS ................................... 189
DIV. 2.7 ZONING ADMINISTRATION AND PROCEDURES ' 190
SEC. 2.7.2 AMENDMENT PROCEDURES ................................... 190
SEC. 2.7.3 PLANNED UNIT DEVELOPMENT (PUD) PROCEDURES ................. 200
SEC. 2.7.4 CONDITIONAL USES PROCEDURES .............................. 209
SEC. 2.7.~ VARIANCE PROCEDURES ............................ 212
SEC. 2.7.6 BUILDING PERMIT AND CERTIFICATE OF OCCUPANCY COMPLIANCE
PROCESS ................................................. 214
· SEC. 2.7.7 AFFORDABLE HOUSING DENSITY BONUS .......................... 215
,!i CollJer C. mmty Jrll October JO. l l~!
~ Lm~ Dovlopment Cod~
ARTICLE
DEVELOPMENT REOUIREMENT$
SEC. 3.1. I OVERVIHW ................................................ l
SEC. 3.1l. 1 TITLE AND CITATION ......................................... 2
SEC. 3.2.3 'aPPLICABILITY ............................................. 2
515C. 3.2.4 EXEMPTIONS ............................................... 2
SHC. 3.2.$ GENERAL REQUIREMENTS ..................................... 4
$]~C. 3.2.6 SUBDM$ION REVIffW PROCEDURF~ ..............................
SEC. 3.2.7 PRELIMINARY SUBDIVISION PLAT
SEC. 3.2.8 IMPROVEMENT PLAN5 ........................................ 22
SEC. 3.2.9 FINAL 5UBDM$ION PLAT ..................................... $2
SEC. 3.3.1 TITLE AND CITATION .........................................
SEC. 3.3.2 PURPOSE ..................................................
si c PLICABmrr
.3.3.3 ; ............................................ 59
SEC. 3.3.4 EXEMPTIONS ............................................... $9
SEC. 3.3.5 SITE DEVELOPMENT PLAN REVIEW PROCEDURES .................... 59 ·
SEC, 3,3.6 SITE DEVELOPMENT PLAN STANDARDS ........................... 68
SEC, 3,3,7 AMENDMENTS .............................................. 69
SEC, 3.3,8 SITE DEVELOPMENT PLAN TIME LIMITS ........................... 69
DIV. 3.4 EXPLOSIVES ............................................... 71
Cotller County .rill October $0, 1991
I.~ng Development Code
SEC. 3.4.2 PURPOSE .................................................. 71
SEC. 3.4,3 APPLICABILITY; PERMIT REQUIRED .............................. 71
SEC. 3.4.4 EXEMPTIONS FROM PERMIT REQUIREMENTS ........................ 71
SEC. 3.4.5 PERMIT APPLICATION REQUIREMENTS AND CONDITIONS ............... 72
SEC. 3.4.6 OBLIGATION OF USER TO LFrILITIES .............................. 74
SEC.-3.4.7 PERMIT APPLICATION REVIEW PROCEDURES ........................ 75
SEC. 3.4.8 ISSUANCE OF PERMIT; PROH~,ITIONS ............................. 76
SEC. 3.4.9 LIMITATIONS AND CONDITIONS ................................. 76
SEC. 3.4. I0 INSURANCE ................................................ 77
SEE. 3.4.11 FEES ..................................................... 78
SEC. 3.4.12 INFORMATION AND REQUIREMENTS DURING AND SUBSEQUENT TO
GEOPHYSICAL SEISMIC BLASTING ................................ 79
SEC, 3.4,13 RESTRICI'IONS FOR THE USE AND HANDLING OF EXPLOSIVES ........... 80
SEC, 3.4,14, SALE OR DISPOSAL; INVENTORY; THEFT OR ILLEGAL USE .............. 82
SEC, 3,4.15, REVOCATION AND/OR SUSPENSION OF PERMIT ...................... 83
' SEC, 3,4,16 AUTHORITY VESTED IN THE DEVELOPMENT SERVICES DIRECTOR ........ 84
SEC. 3.4.17 PENALTIES ................................................ 84
SEC. 3.4.18 PREVIOUSLY ISSUED PERMITS .................................. 84
DIV. 3.5 EXCAVATION .............................................. 85
SEC. 3.5. I TITLE AND CITATION ......................................... 85
SEC. 3.5.3 APPLICABILITY; PERMIT REQUIRED ............................... 85
SEC. 3.5.4 EXEMPTIONS ............................................... 85
SEC. 3.5.5 EXCAVATION REVIEW PROCEDURES .................... · .......... 86
SEC. 3.5.6 APPLICATION REQUIREMENTS FOR EXCAVATION PERMITS ............. 88
C_x~ller ~nan~ xtv October .JO. 1991
44
," SEC. 3.5,7 CONSTRUCTION REQUIREMENTS FOR THE CONSTRUCTION OF
~,~:,, EXCAVATIONS .............................................. 91
SEC. 3.5,8 INSPECTION AND REPORTING REQUIREMENTS ...................... 93
SEC. 3.5.9 FEES ..................................................... 96
: SEC. 3.5. I0 PERFORMANCE GUARANTEE REQUIREMENTS ....................... 96
;' SEC. 3.5,11 APPEALS .................................................. 97
SEC. 3.5.13 SEVERABILITY .............................................. 98
· SEC. 3.5,14 COMPLIANCE WITH STATE AND FEDERAL PERMITS ................... 98
DIV. 3.6 WELL CONSTRUCTION ...................................... 99
~. SEC. 3.6.2 PURPOSE .................................................. 99
SEC. 3.6.3 APPLICABILITY ............................................. 99
~ SEC. ~.6.4 REGULATION OF WE!.r-~ ........................................ 99
.~, , SEC. 3.6.5 CONSTRUCTION, REPAIR AND ABANDONMENT STANDARDS ............ 105
~, SEC. 3.6.6 CONTRACTOR LICENSING AND EQUIPMENT REGISTRATION ............ I 11
SEC. 3.6.8 PENALTIES ............................................... 112
.~.'. DIV. 3.7 SOIL EROSION CONTROL .................................... 113
:~,,., SEC. 3.7.1 TITLE AND CITATION .................................. · ...... 113
. SEC. 3.7.2 PURPOSE ................................................. 113
..~. SEC. 3.7.3 SOIL EROSION AND SEDIMENT CONTROL PLAN REQUIRED ............. 113
DIV. 3.8 ENVIRONMENTAL IMPACT STATE~fENTS (ELS) .................... 114
SEC. 3.8.1 TITLE AND CITATION ........................................ 114
~.-. SEC. 3.8.2 PURPOSE ................................................. 114
.... SEC. 3.8.3 APPLICABILITY; ENVIRONMENTAL IMPACT STATEMENT (ELS) REQUIRED 114
~.. ~.~Hler ~ xv October .JO, 1~91
4,5
SEC. 3.8.5 INFORMATION REQUIRED FOR APPLICATION ....................... 115
:~ SEC. 3.8.7 ADDITIONAL DATA ......................................... 119
"~:" SEC. 3.8.8 RELATION BETWEEN EIS AND DEVELOPMENT OF REGIONAL IMPACT
~.; (DR.r) ............................. ~ . .. .................... 119
~ .;: SEC. 3.8.10 FEES .................................................... 120
'":;' ' SEC. 3.8.11 APPEALS ................................................. 120
~ ~'" DIV. 3.9 VEGETATION REMOVAL~ FROTECTION AND FRESERVATION 121
' SEC. 3.9.2 PURPOSE ................................................. 121
l SEC. 3.9.3 APPLICABILITY; UNLAWFUL TO REMOVE VEGETATION ............... 121
SEC. 3.9.4 APPLICATION REQUIREMENTS ................................. 121
~:' · SEC. 3.9.5 VEGETATION REMOVAL, PROTECTION AND PP,.ESERVATION STANDARDS .. 123
~,~. . SEC. 3.9.6 REVIEW PROCEDURES .......................................
SEC. 3.9.7 APPEAL FROM ENFORCEMENT ................................. 130
i SEC. 3.10.1 TITLE AND CITATION ........................................ 131
SEC. 3.10.2 PURPOSE ................................................. '131
ii~:~.. SEC. 3.10.3 NEW DEVELOPMENT ........................................ 131
-:~':~ SEC. 3.10.5 EXISTING DEVELOPMENT 131
· SEC. 3.10.6 PUBLICLY OWNED LIGHTING .................................. 132
~. SEC. 3.10.7 UNLAWFUL TO KILL, MOLEST, OR INJURE SEA TURTLES .............. 132
' SEC. 3.10.8 CONSTRUCTION DURING NESTING SEASON ........................ 132
Collier County ~ October $0, 1991
~ l)e~eiopment Code
4.6
SEC. 3.10.10 PENALTIES FOR VIOLATION; RESORT TO OTHER REMEDIES ............ 133
~'!i" DIV. 3'.11 ENDANGERED, TI[R~ATENED OR LISTED SPECIES PROTECTION ....... 134
',~ ~. SEC. 3.11.1 TITLE AND CITATION ............................. ' ........... 134
'~{.. SEC. 3.11.3 NEW AND EXISTING' DEVELOPMENT ............................. 134
DIV. 3.12 COASTAL ZONE MANAGEMENT ............................... 135
~' SEC. 3.12.1 TITLE AND CITATION ........................................ 135
SEC. 3.12.2 PURPOSE ................................................ 135
'~-~" ' DIV. ~3.13 COASTAL CONSTRUCTION SETBACK LINE VARIANCE 136
SEC. 3.13.1 TITLE AND CITATION ........................................ 136
SEC. 3.13.2 ESTABLISHMENT OF SETBACK LINES 136
:. SEC. 3.13.3 REVIEW AND CHANGE OF SETBACK LINES ........................ 136
c ..... SEC. 3.13.4 PROHIBITED AC']'IVITIES SEAWARD OF SETBACK LINES ............... 136
SEC. 3.13.5 VARIANCES ............................................... 136
SEC. 3.13.6 PROCEDURES FOR OBTAINING VARIANCE .........................
SEC. 3.13.7 EXEMPTIONS ........ . ....................................... 137
·SEC. 3.13.8 PENALTY AND CIVIL REMEDIES . ' 138
· SEC. 3.13.9 SEVERANCE .............................................. 138 .
~'~ ' 'DIV. 3.14 VEHICLE ON THE BEACH REGULATIONS ......................... 139
SEC. 3.14.1 TITLE AND CITATION ........................................ 139
SEC. 3.14.2 UNLAWFUL TO DRIVE ON SAND DUNES OR BEACH OR TO DISTURB SAND
DUNE ................................ · ................... 139
SEC. 3.14.3 EXCEPTIONS; EXEMPTION CERTIFICATE .......................... 139
SEC. 3.14.4 PERMIT FOR CONSTRUCTION ................................... 140
Collier County andi October JO. 1991
Land D~totnnent Codt
· nit 0'49 4=7
,~,,.j-,.: SEC. 3.1:5.1 GENERAL PROVISIONS ....................................... 141
·
./
ARTICLE 4
I~PACT FEES
DIV. 4.'4 REGIONAL WATER SYSTEM IMPACT FEE ......................... 4
DIV. 4.$ REGIONAL SEWER SYSTEM i~[PACT FEE .......................... 5
ARTICLE 5
DECISION-MAKING AND ADMI~ISTRATWE BODIES
DIV. 5.! BOARD OF COUNTY COMMISSIONERS ............................ !
SEC. 5.1. ! POWERS AND DUTIES ........................................ 1
DIV. 5.2 PLANNING COMMISSXON ...................................... 2
SEC. 5.2.1 ESTABLISHMENT AND PURPOSE ........... '. ..................... 2
'SEC. 5.2.2 POWERS AND DUTIES ........................................ 2
SEC. 5,2.3 COMMISSION MEMBERSHIP .................................... 3
SEC. $.2.4 TERMS OF OFFICE ........................................... 4
SEC. 5.2.5 REMOVAL FROM OFFICE; FAILURE TO ATTEND MEETINGS .............. 4
SEC. 5.2.7 COMPENSATION ............................................ 5
SEC. 5.2.$ LOCATION OF MEETINGS ...................................... 5
· DIV. 5.3 BOARD OF ZONING AFFE~ .................................. 6
SEC. 5.3.1 ESTABLISHMENT AND PURPOSE .................................
SEC. 5.3.2 POWERS AND DUTIES ........................................ 6
SEC. 5.3.3 BOARD MEMBERSHIP ......................................... 6
SEC. 5.3.4 TERMS OF OFFICE, REMOVAL AND VACANCIES ...................... 6
SEC. 5.3.5 OFFICERS, EMPLOYEES AND EXPENSES ...................... . ..... 7
SEC. 5.3.6 . APPROPRIATIONS, FEES AND OTHER INCOME ....................... 7
SEC. 5.3.7 STAFF .................................................... 8
SEC. 5.3.$ QUORUM AND VOTING
SEC. 5.3.9 MEETINGS .................................................
SEC. 5.3. I0 OPERATING PROCEDURES ..................................... 8
C. all~ ~ ~.~ Oclob~r JO. 1991
· !i DIV. $.4 BUILDING BOARD OF ADJUSTMENTS AND APPEALS ................. 9
%: . ~EC. $.4. I ESTABLISHMENT AND PURPOSE ................................. 9
SEC. 5.4.2 pOWERS AND DUTIES ........................................ 9
SEC. $.4.3 BUILDING BOARD OF ADJUSTMENTS AND APPEALS MEMBERSHIP .........
~EC- 5.4.4 QUORUM .......... · ........................................ 10
,. SEC. 5.4.5 RECORDS ................................................. 10
SEC. 5.~.6 GENERAL PROCEDURE ........................................ 10
SEC. $.4.7 STANDARD APPEAL PROCEDUre; TIME LIMIT; FEE ................... 10
SEC. 5.4.8 INTERLOCAL AGREEMENT APP ~.AL PROCEDURE ..................... 11
SEC- $.4.9 , DECISIONS OF THE BUILDING BOARD OF ADJUSTMENTS AND APPEALS ..... I l
DIV. 5.5 CODE ENFORCEMENT BOARD .................................. 13
SEC. 5.5.1 ESTABLISHMENT AND PURPOSE ................................. 13
SEC. $.5.2 POWERS AND DUTIES ........................................ 13
SEC. 5.5.3 BOARD MEMBERSHIP ......................................... 13
~ "' ' SEC. 5.5.4 OFFICERS ................................................. 14
SEC. 5.$.5 STAFF .................................................... 14
,%' SEC. 5.5.6 QUORUM AND NECESSARY VOTE ................................ 14
sec. 5.5.7 ME -ri os .................................................
" ~' ~ ' . SEC. 5.5.8 OPERATING PROCEDURES ............................... . ...... 15
~f~,~.:~'~' DIV. 5.6 BUILDING CONTRACTORS' LICENSING BOARD ..................... 16
'~::'$EC.S.6., CREATION AND APPOINTMENT .................................. 16
:-. SEC. 5.6.2 POWERS AND DUTIES ........................................ 16
SEC. 5.6.3 BOARD MEMBERSHIP ......................................... 16
,.~:':~ SEC.' 5.6.4 QUORUM, NECESSARY VOTE AND MEETINGS ....................... 17
i~':~;~+ ~ sec. 5.6.5 ISSUANCE OF COMPETENCY CARD ............................... 17
SEC. 5.6.6 APPEAL OF A DECISION OF THE CONTRacTORS' LICENSING BOARD ....... 17
SEC. ~.6.7 MISCONDUCT BY A CONTRACTOR ............................... 17
8~Co ~.6o8 DIS(.,'*IPLIN~Y PROCEEDINGS
SE~ 5.6.9 PEN~ FOR ~O~ON .................................... 21
D~. ~.7 CO~ ~AG~ ......................................... 22
~C. 5.7.2 ~SDI~ON, A~O~ ~D D~ ........................... 22
D~. ~.8 GRO~ ~AGE~ DEP IRT~ .......................... 23
SEC. 5.8.1 C~A~ON ~D ~POI~E~ OF ~E GRO~ M~AGEME~
DIe,OR ................................................. 23
SEC. 5.8.2 ~U~SDI~ON, A~O~ ~D D~ ........................... 23
D~. $,~ CO~Y DE~LOP~ ~R~C~ D~SION .................... 24
SEC, 5,9,1 C~ON ~D ~POI~E~ OF ~E COMMUN~ DEVELOPME~
SEC, 5,9,2 ~SDI~ON, A~O~ ~D D~ 24
· SEC. 5.10.1 DE~LOPME~ SER~C~ DIe,OR ............................. 25
SEC. 5.10.2 ~OMER SERVI~ SE~ON M~AGER .........................
SEC. 5.10.3 P~NING SERVIC~ SE~ON M~AGER .......................... 26
SEC. 5.10.4 PRO~E~ ~vIEw SERVIC~ SE~ON M~AGER ..................... 27
SEC. 5.10.5 COMPLI~CE SERVIC~ SE~ION MANAGER ........................ 2~
D~. 5.11 GRO~ ~~G DEPARTME~ ............................... 29
SEC. 5.11.1 GRO~ P~NING DIe,OR ................................. 29
SEC. 5.12.1 HOUSING ~D U~ IMPROVEME~ DIe,OR .................... 31
DIV. 5.13 E~O~AL ~ORY BOA~ 32
ffi 049
SEC. $.13.1 ESTABLISHMENT OF THE ENVIRONMENTAL ADVISORY BOARD;
ABOLISHMENT OF THE WMAB AND EAC ........................... 32
SEC. $.13.2 AUTHORITY, FUNCTIONS, POWERS AND DUTIES ........... · .......... 32
SEC. $.13.3 MEMBERSHIP .............................................. 33
'. SEC. $. 13.4 OFFICERS AND SUPPORT STAFF ................................. 34
SEC. 5.13.$ MEETINGS, QUORUM AND RULES OF PROCEDURE .................... 34
SEC. 5.'13.6 SCOPE OF LAND DEVELOPMENT PROJECT REVIEWS ................... 35
SEC. $.13.7 APPEAL ................................................. 35
SEC. 5.13.8 REIMBURSEMENT OF EXPENSE S ................................. 36
SEC. 5.13.9 REVIEW PROCESS ........................................... 36
'~ DIV. ~.14 IH~STORIC/ARCHAEOLOGICAL PRESERVATION BOARD ............... 37
~? SEC. 5.14.1 CREATION ................................................. 37
;',~ SEC. 5.14.2 POV~rER, AUTHORITY AND JURISDICTION ......................... '.. 37
SEC. 5.14.3 MEMBERSHIP .............................................. 37
SEC. 5.14.4 ORGANIZATION ............................................. 38
:"~" SEC. 5.14.5 POWERS AND DUTIES ........................................ 38
Collier ~ J~tll October JO. 19~1
049& Sa'
TABLE OF CONTENTS
~-~. ~.~.= ~ ....................................................
~EC. 6.1.6 GE~ER ................ ' .................................. 1
$~Ci 6.1.8 NON-~CH~C~ ~D ~CHNIC~ WO~S 2
.........................
SEC. 6.1.~ ~BER 2
~C, 6.1.I0 S~ ~AY ...................... ~ ........................ 2
~C. 6.1. I 1 ~NSE ' 2
'
SEC. 6.1.14 ~ .................................................... 2
ARTICLE 1
GENERAL PROVISIONS
:'~:,.:, DI~. 1.3 FINDEX'GS ................................................. 3
I,~,~ 5EC~ 1.3.1 ............................................................ 3
SEC. 1.3.1 ................................... · ......................... 3
~' . ~EC~ 1.3.2 ............ ' 3
SEC, 1.3.3 ............................................................ 3
SEC. 1.3.4 ............................................................ 3
S~EC, 1.3.5 ............................................................ 3
.~"=' ' 5E{2. 1.3.6 ............................................................ 3
,i s c. 1.3.? . ·
SEC. 1.3.8 .................................. , ......................... 3
;~"~/" SEC, 1.3.9 ............................................................ 3
r,,,:, SEC, 1.3.10 ........................................................... 4
~ SEC. 1.3.11 ...........................................................
;:' SEC. 1.3.12 ........................................................... 4
DIV. 1.4 PUR/~SE AND INTER .......................................
'~ DIV. 1.5 APPI.ICABILITY ............................................ 6
SEC. 1.5. I RELATIONSHIP TO GROW'ITl MANAGEMENT PLAN ' 6
SEC. 1.5.2 EXCEPTIONS ............................................... 6
SEC, 1.5.3 TIME LIMITS ON PREVIOUSLY APPROVED DEVELOPMENT ORDERS AND
~'~: NON-CONFORMING SIGNS 7
SEC. 1.5.4 TIME LIMITS ON NON-CONFORMING SIGNS ......................... ?
~'' DIV. 1.6 INTERPRL~ATIONS ................... ....................... 8
SEC. 1.6.1 AUTHORITY ............................................... 8
Collier County 14 October $0. l ~P l
..... i 049 56
! ~ !.6.3
SEC. 1.6.6 APPEAL TO BOARD OF ZONING APPEALS OR BUILDING BOARD'
OF ADJUSTMENTS AND APPEALS ................................ 9
· SEC. 1.6.7 RULES FOR INTERPRETATION OF BOUNDARIES ...................... 9
SEC. 1.6.8 CASES NOT COVERED BY SEC. 1.6.7 ............................. 11
SEC. 1.6.9 DMSION OF A LOT OF RECORD BY A BOUNDARY ................... 11
.:' SEC, 1.6.10 CONTINUITY OF ZONINO ..................................... 11
:~:, DIV~ 1,7 VESTED RIGIrrs ............................................ 12
· ~ ,i'~'
~.C SEC. 1.7.1 ADMINISTRATIV~ PROCF3$ .................................... 12
· ~ ~: SEC. 1.7.2 APPLICATION ............ . .................................. 12
ir! :~'~: SEC. 1~7.3 D~"I~'RMINATION OF COMPLETENESS ............................. 12
SEC, 1.7.4 REVIEW AND DETERMINATION OR RECOMMENDATION BY DEVELOPMENT
SERVICES DIRECTOR AND COUNTY ATTORNEY ...................... 12
SEC. 1.7.7 APPEAL TO TH~ BOARD OF COUNTY COMMISSIONERS ................. 13
"'SEC. 1.7.8 CRITERIA FOR VE.VrED RIGHTS ................................... 14
,, . SEC. 1.7.9
· " DIV. 1.8 NONCONYOKMITIES .. ........................................ 15
SEC. 1.8.2 NON-CONFORMING LOTS OF RECORD ............................. 15
SEC. 1.8.3 NON-CONFORMING USES OF LANDS OR WATERS OR STRUCTURES ONLY .... 16
.~ ~ SEC. 1.8.4 EXTENSION OF USE IN BUILDING MANIFESTLY DESIGNED FOR SUCH USE... 16
'. Collier C.4ntnty l-il October JO, 1991
SEC. 1.8.7 CASUAL, TEMPORARY, OR ILLEGAL USE ........................... 17
SEC. 1.8.8 USE8 UNDER CONDITIONAL USE PROVISIONS NOT NON-CONFORMING
USES ..................................................... 17
SEC, 1,8,9 CHANGE TO CONFORMING USE REQUIRES FLr~.. RE CONFORMITY WITH
DISTRI~ REGULATIONS ...................................... 12
SEC. 1.8.10 NON4gONFORMINO b~I'RU~ ................................ 17
SEC, 1.8.11 IMPROVEM£N'r~ OR ADD1TIONI, TO NON-CONFORMING MOBILE HOMES .... 19
$I112. 1.8.12 DF.b~RUC'~ION OF MAJOR b'I'RU..."TUI~ OR STRUCTURES ................ 19
$11C. 1.8.13 REPAIRS AND MAINTENANCE ................................... 19
SEC. 1.8.14 NON. CONFORMING STRUCTUI~.ES UNSAFE BECAUSE OF LACK OF
MAJI~,r'I'I~N ANCE ............................................. 19
SEC. 1.8.15 NON-CONFORMING STRUCI'URES UNSAFE "FOR REASONS OTHER THAN
OF MAINTENANCE ........................................... 19
SEC, 1,9,5 PROCEDURES UPON DISCOVERY OF VIOLATIONS "20
SEC. 1.9.6 CRIMINAL PENALTIES AND REMEDIES : 21
SEC, 1.9.8 OTHER REMEDIES ........................................... 22
SEC. 1.9.10 PROSECUTION UNDER PREVIOUS REGULATIONS 23
~er County l-lit October $0,
,.. SEC. 1.10.1 ESTABLISHMENT OF SCHEDULE OF FEES, COSTS AND OTHER CHARGES .... 24
SEC. 1.10.2 MAINTENANCE AND AMENDMENT OF SCHEDULE .................... 24
SEC. 1.10.3 PAYMENT OF FEES, COSTS, AND OTHER CHARGES ................... 24
DIV'. 1.11 RF,,~-"RYED ................................................. 25
:
!
DI~' 1AS RESERVI~ ....................................... · ......... 29
:~/DIV. 1.17 : RESERVED ................................................ :31
· DIV. 1.18 LAWS INCORPORATED HEREIN BY REFERENCE .................... 32
~,:i,?;~ DIV. 1.19 AMY',E) S TO THIS CODE .................................. 34
'SEC. .1.19.1 TIMING ................................................... 34
· '*' ~'~,, DIV. 1.21 SEVEIO, BILITY.' ........ ....................................
· 1.2~ REPF..ALER ................................................ 37
i~ ','~ S~C. 1.22.1 REPEALER ................................................. ~7
i!;',j,,SEC. 1.22.2 CODIFI~TION ............................................. 38
DIV. 1.2.{ EFFECTIVE DATE; ENACTMENT :
~'"" SEC. 1.23.1 EFFECTIVE DATE
~.t~ ............................................ 39
.Coilltr Colmty .. I-Iv October .,tO, 1991
' 4'9
'DIV. 1.1 TITLE AND CITATION.
·; -f' This Cod~ stroll I~ imow~ u tho *Collier County L~d Development Code* ~d m~y be cited ~nd
r~ferr~d to herdn ~ tho 'Cod~' o~ 'LDC.' Cit~iion to provisiom4 contained in this Code sh~ll be
refenmeed u 'S~e.~, LDC.' ,
~ ~ 1-1 October $0, 1991
DIV. 1.2 LEGISLATIVE AUTHORITY.
Th~ Bo~'d of ~t~ ~i~ of ~lli~r ~t7 ~ tho authodt7 to prepare, ~opt, ~d
~fom ~s ~z ~t ~ ~icle ~II, ~. 1(0, Fla. Const., S<. 1~.O1, ~ ~., Fla. S~t.,
~. 163.3161, ~. ~., ~. Sm., ~. 163.3161(8), Fla. S~t., S~. 163.3201, Fla. S~t., S~.
163.32~, ~a. S~t., Rule 9J-5, F.A.C., Rule 9J-24, F.A.C., ~d ~ch other authodti~, ~d
~isi~ ~bli~ in m~ ~ ~n law.
~~~ ... .
~.""" The Board of County Commissioners of-Collier County, Florida, hereby makes the following
I.l Collier County, pursuant to Sec. 163.3161, et. 1~t., Fla. Stat., the Florida Local Government
· .' Co--ire Planning and l. amd Development Regulation Act (hereinafter the 'Act"), is
r~luired to prepar~ and adopt a Comprehensive Plan; and
1.3,2 ~ adoption'of the Comprehensiv. o ?lan, the Act, and in particular Sec. 163.3202(1), Fla. Stat.,
ma~htes that Collier County adopt !and development regulations that are consistent with and
.~ ¥..,... Implement the adopted Compr~hensiv,.? Plan; and
~..~,.. 1..3.3 Sec. 163.3201, Fla. Stat., provides that it is the intent of the Act that the adoption and
... eoforcemcnt by Collier County of land development regulations for the total unincorporated shall
be ba.~d on, bo related to, and be a means of implementation for, the adopted Comprehensive
Plan as required by the Act; md
' '~.,C. I.3.4 Sec. 163.3194(1)Co), Fla. Stat., requires that all land development regulations enacted or amended
.~;!,;.' by Collier County shall be consistent with the sdopted Comprehensive Plan, or element or portion
i"t.":' ' thereof, a~d any land development regulations existing at the time of adoption which are not
:.-" ~istent with the adopted Compr~ensive Plan, or element or portion thereof, shall be amended
~i' ~.,C. 1.3.5 Sec. 163.3202(3), Fla. Stat., states that the Act shall be construed to encourage the use of
,',",, ~ innovative land development regulations; 'and
~ 1.3.~ On Janum'y 10, 1989, Collier County adopted the Collier County Growth Management Plan
(hereinafter the 'Growth Management Plan" or "GMP') as its Comprehensive Plan pursuant to
tho requirements of sec. 163.3161 el. l~l., Fla. Stat., and Rule 9J-5, F.A.C.;
~,C. 1.3.? Section 163.3194(1)(a), Fla. Stat., mandates that after a Comprehensive Plan, or elemet~t or
portion thereof, ha~ been adopted in conformity with the Act, all development undertaken by, and
;, i;.. all actions ttken in regard to development o~le~ by, governmental agencies in regard to land
;.~ covered by such Plan or element shall be consistent with such Plan or element as adopted; and
bEC. 1.3.8 P~trsxmnt 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
s.spects 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
I-.-.'. meets all other criteria enumerated by the local government; and
~,C. 1.3.9 Section 163.3194(3)(h), 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
~:;., . inte~ities, eap~city or size, timing, and other ~ts of development are compatible with and
further the objectives, policies, land uses, densities or intensities in the Comprehensive Plan and
C¢~#r ~ I-$ October JO, 1991
if i~ menu all other criteria enumer~!_-',J_ by the local government; and
,la C.~llier Couaty finds that this Land Development Code' is intended and necessary to preserve and
~0~;':.,~. eidmnc, e the present advantages that exist in Collier County; encourage innovative land
;: clcvelopment; encourage the most appropriate use of land, water; and resources, consistent with
tl~ public inten'~'t; overcome pree, ent handicaps; and d, eal effectively v~ith future problems that
may r~ult from the uso and development of land within the total unincorporated area of Collier
County; and it ia inttaded that this Land Development Code preserve, promote, protect, and
improve the public health, safety, comfort, good order, appearance, convenience, and general
welfar~ of Collier County; prevent the overcrowding of land and avoid undue concentration of
populatien; facilitate the adequate and efficient provision of transportation, water.; sewerage,
schools, parka, recreational facilities housing, and other requirements and Service; conserve..
d~velop, utilize, and protect natural ~sourc~a within the jurisdiction of Collier County; and to
protect buma~, {n~vironmental, ~°cia., and economic re.nourcea; and maintain, through orderly
growth and development, the chara:~er and stability of present and future land tmea and
, developn~m in Collier County; and .
SEC. I..1.11 It is the intent of the Board of County Commi.ionen of Collier County to effectuate and' directly
advance the~ requirements, findings, purposes and intentions and the findings established in the
ordinance adopting this Code, for the eaahancement of the community character of Collier County,
.... for the betterment of the general welfare, and for the reasons set forth herein th~i'ough the
implementation of the Land Development Code pursuant to the Collier .county Growth
Management Plan; and
8~,C, 1.3.12 It ia th, intent of tl~ Board of County Commissioners of Collier County to implement the Land
Dev¢l~t Coda in ~xm'danc~ with the provisions of the Collier County Growth Management
: Plan, Chapt~ 123, Fla. Stat., and Chapter 163, Fla. Stat., through the idoption of this Code.
1-4 Oc!ober 30. 1991
049 63'
· PURPOSE AND INTENT.
· It is the purpos~ Of the Board of County Commissioners of Collier County to establish the
slanc~.rds, regulations and procedures for review and approval of all proposed development of
property in unincorporated Collier County, and to provide a development review process that will
be compn',hensivo, consistent, and efficient in the implementation of the.goals, objectives, and
policies of the Collier County Growth Management Plan.
In order to foster and preserve public health, safety, comfort and welfare, and to aid in the
hsrmonious, orderly, and progressive :levelopment of the unincorporated areas of Collier County,
it.is tho intent of this Code that the d~ velopment process in Collier County be efficient, in terms
of tim~ nd expense, effective, in ret ms of addressing the natural resource and public facility
implications of proposed development, and equitable, in tern~ of consistency with established
regulations and procedures, respect for the fights of property owners, and consideration of the
interests of the citizens of Collier County.
The Board of County Commissioners deems it to be in the best public interest for all property and
development to be conceived, designed, built, and used in accordance with good plar[ning
design practices and tho minimum standards set forth in this Code.
Comfy ,' l-J Ocwber JO, 1991
Applicabillt~
:1,5, APPLICABILITY.
Tho provisions of this COd~ shall apply to all* land, property ' and dqvelopment in the total
~.:,: ,:~. un!ncorlx,rated area of Collier County except as expressly and specifically provided otherwis~ in
this Code. No development ~hali be undertaken without prior authorization pursuant to this Code.
Specifically, no building, structure, land or water shall hereafter be developed, used or occupied,
and no building, structure, or part thereof shall be erected, reconstructed, moved, located, or
structurally altered except in conforrrity with the regulations set forth herein and for the zoning
district in which it is located. ~
1.5,1 RELATIONSHIP TO GROWTI;I N;ANAGIEMENT PLAN.
The adoption of this Code is consistent with, compatible with and furthers the goals, policies,
objectives, land us~, and densities or intensities contained and required in the Growth
Management Plan, and it implements and directly advances the goals, policies and objectives of
the Growth Management Plan. The Board of County Commissioners of Collier County hereby
declares and affirnmtivcly states that in the event that any land development regulation, this Code,
or any provision hereof or amendment hereto is not consistent with thc adopted Colli(~r CounFy
Growth Management Plan, as amended, thc provisions of thc Collier County Growth Mahagcment'"
Plan, as amended, shall govern any action taken with regard to an application for a development
order or other activity. Fuahermore, any land development regulation, this Code, or any provision
hereof or amendment hereto shall be interpreted, construed and implemented in such a manner
which will make it most consistent with the Collier County Growth Management Plan, as
amended.
EXCEPTIONS.
Previoush' Issued Buiidi~ P~mliLs. The provisions of this Code and any amendments hereto
shall not affect the validity of any lawfully issued and effective building permit issued prior to the
effective date of this Code if:
The development aciivity a'uthorized by the p~rmit has commenced prior to the effective date of
this Code or any amendment hereto, or will commence after the effective date of this Code but
prior to tho pcrmiQs expiration or termination; and
The development activity continues without interruption in good faith until development is'
complete. If the building permit expires, any further development shall be in conformance with
the requirements of this Code or any amendment hereto.
Certain Prevlouslv A0_oroved Develooment Order. The provisions of this Code shall not affect
the types, densities and intensities of land uses or the yard or landscape buffer width requirements
of any I) final subdivision plat and final improvement plan,.2) final site development plan, or 3)
phased site development plan that has been approved for at least one final site development plan,
provided each such development order was lawfully issued prior to the effective date of this Code
and remains effective according to the time limits and provisions established by this Code.
County I-6 October 30. 1991
~u[M~.J~ITS ON PREVIOUSLY APPROVED D~V~LOPMENT ORDERS AND NON-
CONFORMING SIGNS.
7,',,~ Any tim~ limits on any development orders or approved prior to the adoption of this Code shall
continue to run Md shall not bo enlarged, expanded or s~ayed by the adoption of this Code.
~': Furthermore, ~ny time limits required under' this Code for ~ny types of development orders which
m~ more restrictive or shorter than the time limits rem.~, inlng on previously approved development
orders shall apply retroactively to all such previously approved development orders. However,
the application of such more restrictive time limits under this Code to previously approved
development' orders shall commence to run on the effective date of this Code.
'~,~'i · · Thim subsection shall not apply to fins{ subdivision plats approved prior to February 17, 1976.
t~EC. 1.$.4 TIME L~ITS ON NON-CONFOR~HNG SIGNS.
Any time limits GU any non-conforn~ing signs shall continue to run and shall not be enlarged,
expanded or stayed by the adoption of this Code.
I-7 Ocwber JO. 1991
Interpretations
INTERPRETATIONS.
'AU'I~IORIT~.
Th~ Development Services Director shall have the authority to make all interpretations of the text
of this Code and the boundaries of zoning districts on the Official Zoning Atlas, and the Growth
:" Planning Director shall have the authority to make all interpretations of the text of the Growth
Management Plan and the boundaries ~Jf land us~ districts on the Future Land Use Map. Ia cases
,.,. ' ' wher~ interpretations of both the Code,)r Official Zoning Atlas, and the Growth Management Plan
or Futur~ Land Uso Map are requin d, the Development Services Director and the Growth
Planaing Directgr shall have authority to jointly make an interpretation. Any conflicts between
interpretati~as by the Developmeat Services Director and the Growth Planning Director shall be
resolved by the County Manager.
ATION.
:::~ ' An iaterprelation may be requested .by any affected person, resident, developer, land owner,
government agency or department, or any person having a contractual interest in land in Collier
~=.~i'~.'. Submission of _red,Jest for interoretafiorl. Befor~ an interpretation shall be provided by the
.... ~'"~' Development Services Director or the Growth Planning Director, whichever is applicable, a
Request for Interpretation shall be submitted to the Development Services Director or Growth
;~?~':. ' Planning Director, whichever is applicable, in a form established by him. A fee for the request
and processing of tho request shall be established at a rate set by the Board of County
i- Commissioners from time to time and shall be charged to and paid by the applicaat.
~L~.3.2 Determination of comgleteness. After a Request for lnterpretalion has been received, the
Development Services Director or the Growth Planning Director, whichever is applicable, shall
determino whether the request is complete. If the Development Services Director or the Growth
Planning Dizect0r, whichever is applicable, determines that the request is not complete, he shall
" serve a written notice on the applicant specifying the deficiencies. The Development Services
Director or Growth Plarming Director, whichever is applicable, shall take no further action ot~ the
Request for Interpretation uatil the deficiencies are remedied.
~ 'L6.3.3 Rendering_ of In~erg~tation. 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
interpretatiom The Development'Services Director and the Growth Plarming Director may consult
with tho Cotmty Attorney and other County departments before rendering an interpretation.
~lllel' Co~t~ 1'--8 October 30, 1991
Codt
Interpretation t
FORM.
Th~. interpretation shall be in writing and shall be sent to the applicant by certified mail return
r~eeipt requested.
OFFICIAL RECORD.
,,." Tho Development Services Director shall maintain an official record of all interpretations in the
Development Services Department, wl~ich shall be available for public inspection during normal
.~.~ ). business hours.
APPEAL TQ BOARD OF ZONING APPEALS OR BUILDING BOARD OF
ADJUSTMENTS AND APPEALS.
'~'. Within thirty (30) days after receipt by applicant of a written interpretation sent by certified mail
.,-'2d" ,"' r~tum receipt requested by the Development Services Director or the Growth Planning Director,
the applicant may appeal the inte'rpretation to the Building Board of Adjustments and Appeals for
matters relating to Building and Technical Codes as shown in Div. 1.18 or to the Board of Zoning
· ;' Appeals for all other matters in this Code. A fee for the application and processing of an appeal
shall be established at a rate set by the Board Of County Commissioners from time to time and
shall be charged to and paid by the applicant. The Board of Zoning Appeals or the Building Board
?. of Adjustments and Appeals, whichever is applicable, shall hold an advertised public hearing on
the appeal and shall consider the interpretation of the Development Services Director or the
Growth Planning Director, whichever is applicable, and public testimony in light of the Gro~vth
, :.:: Management Plan, the Future Land Use Map, the Code or the Official Zoning Atlas, whichever
~(' '· is applicable. The Board of Zoning Appeals or the Building Board of Adjustments and Appeals,
~"; whichever is applicable, shall adopt the Development Services Director's or th~ Growth Planning
Director's interpretation, whichever is applicable, with or without modifications or conditions, or
reject his interpretation. The Board of Zoning Appeals or the Building Board of Adjustments and
Appeals, whichever is applicable, shall hot be authorized to modify or rejecl' the Development
Services Director's or the Growth Planning Director's interpretation unless such Board finds that
the determination is not supported by substantial competent evidence or that tho interpretation is
contrary to tho Growth Management Plan, the Future 'Land Use Map, the Code or the Official
,:; ~... Zoning Atlas, whichever is applicable..
5~C~. 1.6.7 RULES FOR INTERPRETATION OF BOI, JNDARIES.
· Interpretations regarding boundaries of land use districts on the Future 'Land Use Map or
boundaries of toning districts on the Official Zoning Atlas shall be made in accordance with the
· provisions of this section.
!116.7.1 District Reeulntions Extencl lo all Portions of Distrigts Surrounded by Bound:iris. Except as
7::,':' otherwise specifically provided, a district symbol or name shown within district boundaries on the
· .' Future Land Use Map or the Official Zoning Atlas indicates that district regulations pertaining to
.~ :i:. the district ext,md throughout the whole area~!~.rrounded by the boundary line·
1-9 ()ctober 30. 19~1
Oc'~lopm¢~ Codt
'~ ' ,' Interpretations
: Wh~'~ uncertainty exists as to tho boundaries of land use districts as shown on the Future Land
:? ' U~ Map or boundaries of zoning districts as shown on the Official Zoning Atlas, the following
tulsa shall apply:
ii':. llouhdaries indic, ated as aovroximatelv' followlmt the centerlin~ of dedicated streets.
highway, alleys, or rilthts-of-wav shall be construed as following such centerline as they exist
on tho ground, except where variation of actual location ft:om mapped location would change the
zoning status of a lot or parcel, in which case the boundary shall be interpreted in such a manner
as to avoid cl~anging the zoning status 3f any lot or parcel. In case of a street vacation, the
· boundary shall be construed as remainin ~ in its location except where ownership of the vacated
street is divided other than at the center, ,n which case the boundary shall be construed a.~ moving
with the ownership.
1[.7.2.2 ]toundaries inclicated as ao~oroxlmatelv followirm lot Iin~. ~)ublic on)_oertv lines, and the like
shall b~ construed as following such lines; provided however, that wbere such boundaries are
~ ~ adjacent to a dedicated street, alley, highway, or right-of-way and the zoning status of the street,
highway, alley, or right-of-way and the. zoning status of the street, highway, alley, or right-of-way
is not indicated, thc boundaries shall be construed az running to the middle of the street, highway,
, alley, or right-of-way. In the event of street vacation, interpretation shall be as provided in Sec,
1.6.7.2.1.
15.7.2.3 l~loundarles indicated as a0proximatelv followi~ City or County limits shall be construed as
~,~ ..... ' following such City or County limits.
Bo~'~daHes indicated as followine railroad tracks shall be construed as being midway between
- " th~ main tracks.
L~.?,2,.$ Boundaries indicat~ as followimt mean hi,th water limes or cenler lines or streams, canals.
lakes, or other bodies or water shall be constru~ as fo]lowing such mean high water lines or
c. ent~rlines. In case of' a change in mean high water linc, or of' thc course or extent of' bodies of'
water, thc boundaries shall be conslrued as moving with the change, except where such moving
would change the zo.nin~ status of' a lot or parcel; and in such case thc boundary shall be
interpreted in such a rnanncr as to avoid changing thc zoning status of any lot or parcel.
'~.~.?.'~.~ Boundaries indicated as enterln~ ~ny hodv of water but not continuing to intersect with oihcr
zoning boundaries or with thc limits of jurisdiction of' Collier County shall be construed as
extendin~ in the directinn in which'they enter the bo<ly of water to intersection with other zoning
boundaries or with thc limits of County jurisdiction.
].~.?.?.? ' ]~oundarles indicated as followin~ ~3hYsical featur~ other th~ those listed above shall he
construed as gollowing such physical f~atures, except wh~r¢ variation of actual location from
mapIx~l location would Change the zoning status ora lot or parcel, and in such manner as to avoid
changing thc zoning status of any lot or parcel.
'L~.?.2.8 Boundari~ indicated as oarallel to or exten.~iorts of features indicated in Sec. 1.6.'/.2. I through
1.6.7.2.7 shall be construed as being parallel to or extensions of' such feature.
:Collier ~ 1.10 October SO. 1991
lnterprcta#ont
Distances no~t s~ecificail_v indicateil on tho Official Zoning Atlas shall be determined by the scale
of tho map on the page of tho Atlas showing the property in question.
CASES NOT COVERED BY SEC, 1,6,7 In cases not covered by Sec. 1.6.7, or wher~ the
, property or street layout existing on tho ground is at variance with that shown on the Official
'~ : Zoning Atlas, the' interpretation of the Future Land Use Map or the Official Zoning Atlas shall
lm in accordance with the purpose and intent of the Growth Management Plan and this Code.
1.6.9 DIVISION OF A LOT OF RECORD BY A BOUNDARY. Wher~ a district boundary divides
. a lot of record at the time the boundary was established, and where the division makes impractical
tho r~tsonable uso of the lot, the exten'ion of the regulations for the front lot may be permitted
as · conditional uso for not to exceed :iffy (50) feet beyond the district line into the remaining
'.:' .: portion of the lot.
'~I~C~ 1~6.10 CONTINI/1TY OF ZONINg. In Se event any unincorporated territory within Collier County
' ' :' : ~mll hermaf~t b~.x~m~ incorporated, to insure that thcr~ shall be no lapse of zoning, then, any and
· all zoning regulations which rosy Im in effect in such territory and admirfistered by the County
r, hall remain in full forr~ -nd effect and slmll continue to be administered and enforced by the
County under this Code until such time as municipal zoning within such tcrritory shall be adopted
and take effect.
Clnmty 1-11 October 30, 1991
,yESTED RIGHTS.
:'" A~MINISTRATIVE PROCESS.
~'~ ~ appli~t clai~g ~at ~ pw~y figh~ v~t~ prior to the eff~tive ~te of th~
.' ~latio~ will ~ p~vidM ~ M~Mstmtive p~ which will ensure ~to p~u~l due
:,~ ,, ~-. p~ ~lud~g noti~, public h~g, ~e right to p~nt ~d ~but evidence, a fo~l ~ord
~d ~ i~a~ial H~g Offi~r. ~o impa~ini H~g Offi~r, ~bj~t to the p~u~ in this
~.. " Division sh~l.i~o fo~l findings of fact, ~nclusions of law, a finding of consistency or
~is~cy ~ ~e Gm~ M~agement PI~ ~d th~ C~e ~d a dete~ation of v~
".' figh~. ~e cl~m sh~l ~ ~mi~iste~ ~ pmvid~ ~ this Division.
.7.z
". ~ applicon for Dete~nation of.';l~t~ ~gh~ shall ~ ~b~tt~ ~ ~ fo~ ~blish~ by
, ~e Develo~t Se~i~ Di~tor. ~ appli~tion for De~ation of V~t~ ~gh~ shall ~
fil~, if at all, ~ one (i~ y~r of ~e elf<tire ~te of this C~o. Failure to file ~ch
:' a~li~tion for a p~ wi~ ~ one (I) y~r ~fi~ shall fo~ver waive ~d b~ all clai~ for
v~ figh~ or ~ble ~top~l for ~ch pm~y, it ~ing ~e expr~ intent of ~e Cowry ~at
. ~h developer figh~ ~ "amain" over ~'e on~y~r ~fi~, pl~ ifappli~ble, the additional
,' ~y~ libation ~d~ ~blish~ in S~. 1.7.9. ~ application f~ in ~ amount to ~
de~in~ by ~ Bo~ of Cowry Co~ione~ shall accomp~y ~d ~ par of ~e
~: . appli~fion. ~o appli~tion abel, at a ~mum, include:
1.7~2.1 N~, Md~, ~d telephono numar of ~e o~er ~d autho~ applier if other th~ ~e
St~ ~dn~, legfl d~fiption, ~d ~ge of ~a pro~ny; ~d
1~ ~I f~t~l info~tion ~d ~owl~ge ~nably available to ~e o~er ~d applier to add~
.... '"~' '~ &~ c~fia ~bli~M ~ S~. 1.7.8.
'. ~ ,:~ '~
1.7.3 ~NATION OF COMPLETg~S. After ~eipt of ~ Application for Defecation
of V~ ~gh~, ~e Develop~t Se~i~ Di~tor shall dete~ne whether the appli~tion
' ~b~t~ is ~mplete. If he dete~ &at ~ application is not complete, the Developmeat
Se~i~ Di~tor shall noti~ the applic~t in writing of the deficienci~. ~ Development.
Se~i~ Di~tor shall ~e no ~nher steps to pr~ the application until the deficienci~ have
SEC. 1.7.4 ~W ~ DE~RM~TION OR ~COM~ATION BY DE~LOP~
~RVIC~ D~OR' A~ CO~Y A~Q~Y. After r~eipt of a complet~
Appli~tion for Dete~nation of V~t~ Right, the Development Se~ic~ Dir~tor ~d the
~ty Attorney shall ~view ~d eval~te the appli~tion in light of all of th~ c~teda in S~.
1.7.8. B~ on ~e ~view ~d eval~tion, tho Development Semices Dir<tor ~d the County
Attorney sh~ll prepare a written r~o~endation to the H~ring Office that the application should
~ d~i~, g~tM or gr~tM with conditions by tho H~ring Officer. Such r<ommendation shall
· include findings of fact for ~ch of the criteria established in Sec. 1.7.8 to the extent that
/~ '. information i, pr~.,nted or obtained or inclusion is feasible or applicable.
If tho Dev~lopn~nt Services Director and tho County Attorney agree based on the review and
2' ' ? evaluation that the Application for Determination of Vested Rights so clearly should be granted
;" ~ ' or granted with conditions, then they may enter into a written Stipulated Determination of Vested
~'i'. Rights with the owner, in lieu of the written recommendation to the Heating Officer and the
,,: :.. provisions i, Sees. 1.7.5, 1.7.6, and 1.7.7. However, an9 such Stipulated Determination shall be
v.. in writing, signed by the Development Services Director, the County Attorney and the owner, and
shall includt~ findings of fact based on the criteria established in Sec. 1.7.8, conclusions of law
,.6.,.. for such criteria, findings of consistency or inconsistency with the Growth Management Plan and
',/:'~'~ the Code, sad the determination gr~nting or granting with conditions, in whole or in part, the
~:.. vested rights.
$1i:~"1.?.$ ~AND DETERMINATION QF ~ED RIGHTS DETERM!NATIQN BY
~ ~ .-: HEARINg. QFFICER. Upon receipt [,y the Hearing Officer of the Application for Determination
of Vested Rights and the written recommendation of the Development Services Director and the
County Attorney, the Hearing Officbr shall hold a public hearing on the application. At the
· hearing, the Hearing Officer shall take evidence and sworn testimony in regard to the criteria set
forth in Sec. 1.7.8, and shall follow the rules of procedure set forth in Sec. 120.57(I)Co),4,6,7,
:-;.: and 8. Fla. Stat., and Sec. 120.58(1)(a),(d) and (O, Fla. Stat., and Sec. 120.58(1)Co), Fla. Stat.,
· :.'. only tO the extent that the Hearing Officer is empowered to swear witnesses and take testimony
;;. under oath. The Heating Officer shall follow the procedures established for administrative hearings
' in Rules 221-6.009, 6.017, 6.020, 6.022, 6.023, 6.024, 6.025, 6.027, and 6.031, Florida
Administrative Code, except as expressly set forth herein. The parties before the Hearing Officer
t~: .', shall includ~ the County, the owner or applicant, and the public. Testimony shall be limited to.the
· :. matters directly relating to the standards set forth in Sec. 1.7.8. The County Attorney shall
. -. relate, sent tho County, shall attend the public hearing, and shall offer such evidence as is relevant
to the proce~xlings. The owner of the property and its authorized agents, may offer such evidence
?'.~i ' at the public hearing as is relevant to the proceedings and criteria. The order of presentation
,..". before the Hearing Officer at the public hearing shall be as follows: 1) the County's summary of
· ' tho application, written recommendation~ witnesses and other evidence; 2) owner or applicant
· witnesses trod evidence; :3) public witnesses and evidence; and 4) County rebuttal, if any.
· ' SEC. 1.7.6 ISSUANCE OF VESTED RIGHTS DETERMINATION BY HEARING OFFICER. Within
· ~" fifteen (15) working days after the'completion of the public hearing under Sec. 1.7.5, the Hearing
Officer shall consider the Application for Determination of Vested Rights, the recommendation
of the Development Services Director and the County Attorney, and the evidence and testimony
pr~sented at the public hearing, in light of all of the criteria set forth in Sec. 1.7.8, and shall ·
;~ r ' ' 'deny, grant, or grant with conditions the Application for Determination of Vested Rights for the
property or properties at issue. The determination shall be in writing and shall include findings
~ ~ L of fact for each of the applicable criteria established in Sec. 1.7.8, conclusions of law for each
'~':' :' of such criteria, and a determination denying, granting, or granting with conditions, in whole or
in path the vested rights.
SEC. 1.7.7 APPEAL TO THE BOARD OF COUNTY COMMISSIONERS. Within thirty (30) days after
~:' issuanc~ of the Hearing Officer's written determination of vested rights, the County Attorney, the
· Development Services Dir~, or tho own~ or its authorized attorney or agent, may appeal the
Coffltr County 1-15 October 30. 1991
d~termination of v~t~! rights of ~h~ H~fing Officer to the Board of Courtly Co~ioners. A
::':~ ~o o~er or i~ ~u~ofi~ agent. ~o B~ of.County Commi~ion~ shall adopt the H~dng
': ~ O~r'a &:~nation of v~t~ ~gh~, wi~ or without m~ificafions or.conditions, or rej~t
~ ' H~ng Offi~r's delegation of ~t~ dgh~. ~e Board of County Co~ione~ shall not
~ au~o~ to ~i~ or rej~t lhe H~g Officer's dete~nation of v~t~ ~h~ unl~ the
' '/ ' B~ of ~ty Co~ione~ finds that tho H~fing Officer's dete~ination isnot
:: ;. ,;~.~ by evid~ in the r~ord of tho H~fing Officer's public h~fing or that the H~fing Officer's
,: ' de~i~tion of v~t~ figh~ is ~nt~ to tho criteria ~blish~ in S~. 1.7.8.
~r ~gC. 1.~.8 C~E~A FOR ~ED RIG~. %is ~tion is intend~ to strictly adhere to
'4'~ ', i~lo~t exist~g Flod~ ~ law ~c: s~to~ law ~ they relate to the d~t~e of v~t~
::.. ~d ~ui~ble ~top~l ~ appli~ to a i~l gove~ent exe<ising its au~odty ~d"~we~
~ .' ~g, ~e pm~sion of ~d~te public faciliti~ concu~nt with development (concu~ncy),
. ~ivision, sito development, I~d development ~lations, ~d ~latM ~tte~. It is the bxp~
-~ h~t of ~llier ~ty to ~ui~ appli~tion of the provisions of tMs C~e to ~ mu~h
,:~,~.. develop~t ~d p~y ~ ~ ~n~~ a~ of the Cowry ~ is legally ~ible without
-' violatMg ~o legally v~t~ figh~ wMch tho o~er ~y have ob~inM ~ ac~r~ce with Flofi~ '~
'" ~m~n law ~d s~mto~ law. pa~icululy S<. 163.3167(8), Flod~ S~mt~. ~e cfit~a he~
pmvid~ ~11 ~ ~id~ in gndefing · v~t~ figh~ dete~nation ~der this Division. It is
'. ~t~d~ ~at ~ch ~ ~ d~id~ on n ~ by c~ fact~l ~ysis. ~ o~er shall ~efltitl~
· '~ '~ to a ~siti,eo d~e~ation of v~t~ ~ghLx only if he demonst~t~ by subs~tial core.tent
' · ~ evid~ ~at he is entitl~ to co~le~ his development wi~out regard to the o~e~i~ appli~ble
p~viaio~ of ~s.C~e b~ on ~e p~visions of S~. 163.3167(8), Flo~ S~t~, or all thru
'~::~ '. of ~e follc,~g ~ui~n~ of ~e ~m-pa~ t~t ~der Flod~ common law:
~ 1) U~n ~ act or o~ion of ~e Cowry, 2) a pro~y
· ov~er ~ly~g ~ g~ fai~, 3) h~ ~de ~ch a subs~tial
~:"; ch~ge ~ ~aition or h~ ~cu~ ~ch ex~nsive obligations
. . ~d ex~ ~at it would ~ ~g~y ~ui~ble ~d'unjust to
. .~. d~t~y ~o figh~ acquit.
~gC. 1.7.9 L~ATION ON'D~ER~ATION OF ~ED RI~$. A Dete~ation of V~t~
~:~"~ ~gh~ w~ch g~ ~ appli~tion for dete~ation of v~t~ figh~ shall expi~ ~d ~ null ~d
~: void ~ ~nstmction is CO--heM puget to a final development order, final suMivision
· .<' plat, or ~al si~ dewlopment pl~, within ~o (2) y~ after the iss~ce of the dete~nation ·
" of v~ figh~ ~d~r ~s Division, or unl~ subs~tial ~ent buildings have ~n, or
~hg ~tmct~ or ins~llM pu~t to a valid, =expir~, final development omar of Collier
::. ~ty ~in ~o (2) y~ after i~ of the dete~nafion of v~t~ figh~ ~der this
;':~ ~: Division, ~d ~ch development puget to a final development order, final suMivision plat. or
. ~! sim development pl~ is ~ntinuing in g~ faith. %e aforemention~ ~o (2) y~r time
~J ~'" li~mion ~ ~ dete~nation of v~tM figh~ shall M s~y~ during ~y time pefi~s within
' wMch ~~nt of construction puget to a final development order, final su~ivision plat,
,:,, ~ .: or fi~ site devel6pment pl~ is prohibitM or defe~ by the County solely ~ a r~ult of lack
~:' ' ' ' ' of ad~te public faciliti~ to ~m~ the pro. fly, purser to this C~e.
O~r ~ 1.14 Oc)ober JO.
NONCONFORMITIES.
' ~ Within the zoning dlstricta ~tabiishe~i by the Land Development Code or ·mendmen~ that
may later b~ adopted, them may exist Iota, structurv~, uses of land, water and structures, and
characteristi~ of uae which wer~ lawful b~fore this COd~ was adopted or amended, but which
would be prohibited, regulated, or restricted under the terms of this Code or future amendments.
It is the intent of this Division to p~rmit these non-conformiticz to continue until they are
voluntarily renovated or removed az ~ luired by this Code, but not to encourage their survival.
It i· further the .intent of fl'.a Land D~ velopment Code that the non.-conforr~tiez shall not be
ealarged upon, expanded, inlensified; or extended, nor be used as grounds for adding other struc-
tures or users prohibited elsewhere in the same district.
l.~.l.~ Decl~fion. Non-conforming us~ are declared by this Division to be incompatible with permitted
~.. urea in the districts involved. A non-conforming use of a structure, a non-conforming use of land
or water, or a non-conforming use of structure, land or water in combination shall not be extended
or. enlarged after the effective date of this Code or relevant amendment thereto by attachment on
a ~ructur~ or premisez of additi6nal signs intended to be seen from off the premises, or by the
addition of other us~ of · nature which would be prohibited generally in the district involved,
except as provided for within Section 1.8.10.4.
~i18,13 Vested Pro~ects. To ·void undue hardship, nothing in this Code shall be deemed to require a
. chang~ in tho plan~, construction, or designated use ora building or property on which a building
: ': germit ~ bees applied for prior to the effective date of adoption of relevant amendment of this
~'. Code.
In addition, noth~g in this Code shall be deemed to require a change in the plans, construction,
or dezignat~d use of any property for which · 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 years from the date of said approval, or one year from the date of
adoption of this .Code, whichever shall 'first occur, if prior to actual construction has be~n
commenced and thereafter all development shall be in accordance with the zoning regulations then
in effect. Any such approved plat or plan may be amended by approval of the Board of' County
Commiazion~r~, provided the dcgtee of non-conformity with this Code shall not be increased.
1.8.2 NON-CONFORMING LOTS OF'RECORD.
· In any district, .any permitted or permi~ible structure may be erected, expanded, or altered on any
lot of record at the effective date of adoption or relevant amendment to this Code. The minimum
width and minimum yard requirements sl~all be as for the most similar district to which such lot
of record .nx~st 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.
1.15 October JO, 1991
..:' pl¢n. ¢onJ'ormttt¢!
NON-CON'lrORMING USES OF LANDS OR WATERS OR STRUCTURES ONLY.
Wlaer~, ·t the effective date of adoption or relewnt smendment of this Code, lawful uso of lands
:.,,... or waters exism which would not bo permitted under this Code, the uso may be continued, so long
~ ;~ ~ it remains otherwis~ lawful, provided: ·
1,8,3,1:.. Enlar~emt~t. Increase. Intensification. Alteration, No such non-conforming uso shall BO
~: !;i. :; enlarged, intensified, increased, or extended to occupy · greater area of land, structure, or water
' 5,. tMn w:~ occupied at the effective date of ~doption or relevant amendment of this I. amd
~..'.-~:',~ '.~ Development Code, except · single family, duplex, or mobile home use ~ provided for within
· ~r' Sec. 1.8.10.4.
:I.8,3.1 Movement. No such non-conformin~ u:'e shall bo moved in whole or in part to any portion of the
.... ,: lot or l~rcel other than that occupied I:.y such uso st the effective date of adoption or relevant
:,, : ttnendment of this Land Development Code.
'1~$33 Di$confintnmce. If ~my such non-conforming uso ceas~ for any reason (except where
:: .... govortmaentd ~etion impedes ,ace~' to the premises) for a period of more than ninety (90)
'.. consecutive days, any subsequent uso of land shall conform to the regulations specified by this
"' Code for th~ district in which such land is located.
83.4 Subdivision or Structural Additions. No land in nonconforming uso shall bo subdivided, nor
.:.:.,, shall any structures bo added on such land except for tho purposes and in a manner conforming
.~ .. to tho regulafio~ for tho district in which such land is located; provided, however, that
'.-c ,' subdividon may bo made which does not increa.~ the degre~ of non-conformity of the uso.
Non-Conformities Not Involvi~ the Use of a Principal Structure. Non-conformities not
. ~'. involving tho uso of · principal structure,, including, but not limited to, open storage, building
supplies, vehicles, mobile homes, trailers, equipment and machine.fy storage, junk yard,
;.... commercial animal yards and the like, shall bo discontinued within one (1) year of the effective
,/.:.' dam of thin Code or relevant amendment of this Code.
S1g¢.7.'. 1.8.4 I~XTI~NSION OF USE IN BUILDING'MANIFESTLY DESIGNED FOR SUCH USE.
,i;. Any non-conforming use may be extended throughout any parts of · building which 'al, ere
manifestly arranged or designed for such uso at the effective date of adoption or relevant.
· ·mendment of this Code. Any no~-conforming use which occupied i portion of a building not
· ' origin·lly designed or intended for such use shall not bo extended to any other part of the building.
Nb non-conforming uso shall .bo extended to occupy any land outside the building, nor any -
' · additional building on the same lot or parcel, not used for such non-conforming use at the effective
dat~ of adoption or relevant amendraent, of this Code.
: ~1¢2. 1.8.$ CHANGi~ IN TENANCY OR OWNERSHIP.
Them may bo · change in tenancy, ownership, or management of a non-conforming uso provided
them is no change in the natur~ or character of such non-conforming use.
~.Otl&'r ~ 1-16 October .JO, 1991
.~. CHANGE IN
· If no stmc~ml ~tions a~ ~o, ~y non~nfo~ng ~ of a streets, or of a structure ~d
~"'~." p~ in combination ~y ~ ch~g~ to ~other non~onfo~ng u~ of the ~me chancier;
"?~' or to a mom ~t~ct~ non~nfo~ng ~, p~vid~ the Board of ~ning Ap~ls, u~n
:~: .-. appli~tion to ~e Develop~nt Se~i~ Dieter, shall find after public notice ~d h~dng that
~ ~ p~ ~ is ~lly or ~ appropriate to the district th~ the existing non~onfo~ng
~,'. ' ~ ~d ~at ~ ~lation of ~ stmcm~ to sub.ding pro~ai~ is such ~at adve~ eff~t on
.:, ~u~ ~d nelgh~fing p~ai~ '~ll not ~ g~ter th~ if the existing non~onfo~ng
.,~.. is ~nt~u~. ~ ~tting ~ch ch~:Ie, ~e Board of ~ning Aphis ~y ~uiro appropriate
~'..-~ ~ndifions ~d ~fe~ in ~o~,'e wi~ ~e intent ~d pu~ of this C~e.
" ~o ~1, ~~, or illegal ~ of Ired or structure, or Ired md stmcmr~ in comb~ation,
~1 not hs ~ffici~t to ~ablish ~ ~xistenc~ of a non~onfo~g ~a or to c~ta fighm in the
~OER CO~IONAL U~ PRO~SIONS NOT NON-CONFORM~
~1 ~ la,~lly exist~g on ~o eff~tiv~ ~te of ~s C~o which am ~tt~ ~ a Conditional
..~ .~, U~ ~ a district ~der ~a t~ of t~s C~o shall not ~ d~m~ a non~onfo~ng ~ in such
.>:. dis~ct, but shall ~out ~r gtion ~ d~ to have a conditional ~ ~t.
:~I~C. I.$.9 C~GE TO CO~OR~G USE REEVES ~E CONFORM~Y '~H
DI~ ~G~ATION~.
. ~m · structure, or s~cm~ ~d p~ ia combination, ~ or on w~ch a non~nfo~ing
~ ia ~h~ by a ~t~ ~ shall the~fler confo~ to the re.ia/ions for th~ district in
~ch ~e a~m~ is l~tM, md ~ non~nfo~ng ~ shall not ~er~fler ~ ~ nor
:" ~'~- s~! ~y o~er non~nfo~ing ~ ~ ~tt~.
'.~. 1.~.10 NON-COhWORM~G ~RUCT~S.
.'.: ~' ~e~ a sl~c~ exis~ law~ll~ ~der this at the eff~tive ~te of i~ adoption or relev~t '
.'~,:;3.. ~d~t ~at ~uld not ~ buiR under t~s C~e by ~n of ~tfictions on lot a~, lot
~,-.. ~ye~ge, height, ya~, l~tion on the lot, or r~uiremen~ other th~ u~ concerning the
'::,. stmc~m, tach stmc~m ~y ~ centrum ~ long ~ it re.ins othe~i~ law~l, subj~t to the ·
.~.I0.1 No tach non~nfo~ng ~tmcmm ~y ~ enlargM or alter~ in a way which inc~
non~nfon~ty, but ~y ,stmcm~ or ~flion ther~f ~y
,.' non~nfon~ty; provide, however, that ~ alte~tion, exp~sion, or replacement of non-
:'~'; eonfo~g s~gle felly dwellings, duplex~ or mobile hom~ shall ~ ~tt~ in accor~ce
· . ~ S~tion 1.8.10.4.
! ~'~ ,(' Nonco~l'orrntrles
Should.such non-conforming structure or non-.conforming portion of structure be destroyed by any
means to aa extent of mom than filly percent of its actual'replacement cost at time of destruction,
as determined by a cost-eatimato submitted to the. Development Services Director, it shall not be
reconstructed ex&pt in conformity with provisions of this Zoning Code.
Notwithstanding the foregoing restrictions as to reconstruction, any residential structure or
},'.?! structures in any residential zone district may be rebuilt after destruction to the prior extent, height
~!' and density of units per acre regardless of the percentage of destruction. In the event of such
rebuilding, all setbacks and other applicable district requirements shall be met unless a variance
therefore is obtained from the Board of Zoning Appeals. For the purpose of this Division, a hotel,
'-"; · - motel, or boatel .shall be considered to be a residential structure.
1~8'10.'3 Should melt structure be moved for any reason for any distance whatever, other than as a result
~3'-~: ."- of governmental action, it shall thereafter conform to the regulations for the district in which it
is located after it is moved.
,1.8.10.4 . Non-conforming residential structures, which for the purpose of this section shall mean detached
·: si~. gle family dwellings, duplexes or mobile homes in existence at the effective date of this Zoning
Code or its relevant amendment and in continuous residential use thereafter, ma5, be altered,
expanded, or replaced upon recommendation of the Collier County Planning Commission and
approval of the Board of Zoning Appeals by Resolution.
'-' Since the size and nature of the alteration, expansion or replacement of such non-conforming
!~?" structures r~rmy vm'y widely, a site plan, and if applicable, preliminary building plans indicating
tho proposed alteration, expansion or replacement shall be presented with each petition. Prior to
;" ;' ' gnmting such alteration, expansion or replacement of a non-conforming single family dwellihg,
duplex or mobile home, the Pluming Commission and the Board of County Commissioners shall
~ consider a~d bsse its approval on the following standards and criteria:
1'1,10.4.1 The ~lteration, exl~nsion or replacement will not increase the density of the parcel or lot on which
'- tho non-conforming single family dwelling, duplex or mobile home is located;
:1[;8.10.4.2 The alteration, eipansion or replacement will not exceed the building height requirements of the
J:v . ~ district most closely sssociated with the subject non-conforming use;
The alteration, expaasion or replacement will not further encroach upon any non-conforming set-
i'$~10~4.4... The alterUion, exp4msion et/ replacement will not decrease or further decrease the existing parking
~'~}'i: .- ' m'e~s for the st'ructure;
.8,11J24.$ The alt~r~on, expaasi~n or r~placement will not damage the. character or quality of the
:.~. neighborhcod in which it is.located or hinder the proper future development of the surrounding
~'" properties; and
Such alteration, expansion or replacement will not pres, hr a threat to the health, safety or welfare
. ~, ,:. of the community or its resident.
Collier ~ 1-18 October $0, 1991
" Non¢onJ},rmiti¢.v
1.11 IMFROVEMENIS OR ^DDITIONS TO NON-CQNFORMINq; MQBILE IlOM[E$.
~: .~ I~mw~ or. ~ddition, to non~onfo~ng mobil~ hom~q con~ining confoming us~, in the
, "A~ - Agriculture District only, shall ~ ~tt~ if the addition or improvement complies hllY
'" :: .... ~ ~o ~tback ~d other appli~blo m~lations.
1.8.12 DE~RU~ION OF M~OR ~RUCT~E OR ~RUCT~ES.
'~: '" ~ non~nfo~ng u~ s~m~ appli~ to a ~jor structure or structure, or to a ~jor stmctur~
or stmcmna ~d pm~ in combination, removal or destruction of the structure or structure
~1 cliP,to ~o non<onfo~g smvm of the I~d. 'Destruction' of the structure for pu~s
of~is ~bs~tion is hereby defm~ ~ ,~ge to the extent of more th~ fifty (50) ~ment of the
mpla~ment cost at tho timo of th~ de';tmetion. U~n removal or destruction ~ set out in this
~tion, th, ~ of l~d ~d stmcm~ ,;.hall therefore confom to the regulations for the district
- . ~ w~ch ~ch I~d is l~t~.
1.8. D ~PA~S &~ MA~ENANCE.'
':~z' - ~ ~y non~afo~ng stmcmm or ~ion of a structure ~d on ~y structure containing a
non~nfo~g ~, work my ~ dono in ~y ~d~ of ~elvc (12) con~utivo months on
~.~. :~:~ o~ina~ mpai~, or on repair or ~plac,ment of non~hng walls, fixture, wiring, or plumbing
~;,~. to ~ extent not exc~ing ~cnty (20) ~ment of th, cuffent ~ relation of the stmctur~
(or of ~o non~nfo~ng ~ion of ~o stmcmm if a non~onfomng ~aion of a stmcmm is
involvM), pmvid~ ~at ~ cubic content of thc structure existing at the date it ~omes
:~ . non~nfon~g ~all not ~ inc~.
~ 1.8.14 NON-CONFORMING ' STRUCT~ES UNSAFE BECAUSE OF LACK QF
MA~ENANCE.
If · nonqonfomlng stmcmro or ~ion of a structure, or ~y structure containing a
non~nfomg ~ ~o~ physi~lly ua~fe or unlawful due to lack of repai~ or minten~ce,
~d is d~h~ by ~o' duly ~uthofi~ 9fficial of Collier County to ~ unsafe or unlaw~l by
~ ~n of physi~l ~ndition, it shall not lhe~fier ~ restore, repairS, or rebuilt except in
mnfo~ty ~th tho ~lations of tho district in which it is I~at~.
1.8.1~ NON-CONFORM~G ~RucT~Es ~SA~ FOR REASONS OTttER THAN LACK
QF MA~NANCE. ·
If'~ non~onfo~ng stm'cmro or ~flion of a structure, or ~y structure containing a.
· non~onfon~ ~, ~om~ physically un.fo or unlawful for r~mns olher this lack of repairs
or ~inten~ce, nothing con~in~ he.iq shall ~ d~m~ to prevent the strengthening or r~todng
to · ~f~ condition of such building or pan ther~f d~lar~ ~o the unsafe by the aulhodzed official
of Collier Cowry charg~ with prorating the public ~fety; provide, however, that where such
~fen~ or unlaw~In~ is the result of ~go from d~tmction, ~he percentage of damge
libations ,~t out in S~. !.8.12, as the c~ ~y ~, shall apply,
1-19 October 30. I~1
En['orcement
:' ENFORCEMENT.
provisions of this Code shall be enforced by (1) the Collier County Code Enforcement Board
pursuant to tho authority granted by Sec. 162.01 et. seq'., Fla. Stat., (2) by the Board of County
' :.' .'.'Commissioners through its authority to enjoin and re. strain ~y person violating th~ Code, or (3)
,~:~ i' by Collier Cxmnty through the prosecution of violations in the name of the State of Florida
~....~ pursuant to th~ authority granted by Sec. 125.69, Fla. Stat. The County Manager shall have the
':; .... . right to inspect those lands, waters, or ~tructures affected by this Code and to issue eiOtions for
violations.
::":".i W~enever, by' 'the provisions of this Code, the performance of any act is required, or the
v.? performance of any act is prohibited, or whenever any regulation or limitation is impoSed on the
· use or development of any land or water, or on the erection of a structure, a failure to'comply
;.. with such provisions shall constitute a violation of this Code.
1.~.3 COMPLM3I'FS REGARDING VIOLATIONS. I~ "
. :' Whenever a violation of this Code occurs, or is alleged to have occurred, any person nay' file a
- ,~ complaint. Such complaint stating fully the causes and basis thereof shall be filed in writing with
the County Manager. Tho County Manager shall record properly such complaint, immediately
: 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.
5EC~'-1.9.4. L~BIL~Y.
. Any owner, tenant, or occupant of any land or structure, or part thereof, and any architect,
:- ' builder, contractor, 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 ia, assists, directs, creates, or maintains any situation that 'is cOntrary to the
requirements of this Code, shall bo held responsible for the violation and be subject to the
penalties and remedies provided herein or as otherwise provi, ded by statute or ordinance.
'1.9.5 PROCEDURES UPON DISCOVERY OF VIOLATIONS.
Upon the dete. rmination that any provision of this Code is being violated, the County Manager
shall send a written notice by registered or by certified mail return receipt requested or by hand
delivery to tho person(s) responsibl~ for such violation, indicating the nature of the violation and
'~ ordering tha action necessary to correct it. Additional written notices may be sent at the County
i!':~; ~ . Manager's di~cretion.
The written notice 'shall state the action the County Manager intends to take, if the violation is not
'?' corrected, as~:! shall advise that the County Manager's order may bo appealed to the County
,' .. Manager rath, cr than his designee.
Coumy 1-20 October 30. 1991
,.~..',...
Upon receipt of the notice of violation, tho person(s) responsible or liable for the violation shall
:4 have fifteen (15) calendar days to correct the violation. The County Manager may grant one ten
(I0) c&lendar day extension if, in the County Manager's .judgment, substantial progress toward
:~ ' corn:ction of the violation is evident and additional time is neces~ry.
If'the violation is of a nature that it can bo corrected by an Official Zoning Atlas amendment or
,'.:" through tho granting of a variance, the County Administrator is authorized to suspend enforcement
actions pendkag the outcome of Such.proce~lings; provided that the person(s) responsible for the
violation file the appropriat~ application forms for Official Zoning Atlas amendment or variance
~": hearing with the County Manager within ten (I0) calendar days of the receipt, of notice of
violation. If tho outcome of an Official Zoning Atlas amendment request or varianc0 request does
"~i~., ." ~". not n:medy ~,e violation, the person(s) responsible for the violation shall have fifteen (15) calendar
days to correct tho violation, unless granted aa extension by the County Manager as, set forth
: above.
I~ ~ whrx~ delay would seriotisly threaten the effective enforcement of this Code or pose a
danger to the public health, safety, or general welfare, the County Manager may seek ei4'forcement
without prior written notice by invoking any of the remedies contained in this Code or otherwise
i.9.6 CRIMINAL ]:'ENALTIES AND REMEDIES.
· :?i:!/.: A person'wl~o violates any of the provisions of this Code, or fails to comply.with ~y of it~
requin:ments, or f~ils to abide by tad obey all orders and resolutions promulgated 'as hen:in
provided, shall bo subject to prosecution in the name of the State in the ~amo maoner as
misdemeanors tr~ prosecuted, pursuant to the terms of Section 125.69, Florida Statutes, as
· '. ~ded, and shall bo subject to all criminal penalties authorized by the State of Florida for such
violation. UFon c~nviction, such person shall b~ punished by a fine not to exceed five hundred
dollars ($500.00) or by imprisonment in the County Jail not to exceed sixty (60) day~;, or by both
':, such f'm~ ~md imprisonment.
Eac. h eal~dar day tl~t ~y violation continues after receipt of a written notice of such violation
:..;-.../- shall constitnto a separat$ violation and a separate offense for purposes of the penalties and
'?i ..... :~ ~ n:medies Sl~cified herein.
In addition to the pennlties and n:medie.$ above, the County Manager may institute any appropriate
actions or pn:r..cedings to prevent, re. strain, correct, or abate a violation of this Code, as provided
by law.
~; I.~,'/ ClVI~ ~NALTIES AND REMEDIES,
~Zsist Orders. The County Manager is authorized to issue cease and desist orders in
-' th~ form of written official notice, s ~nt by registered mail to the person(s) responsible for the
Revocation of Buildinn Permits. Certificates of Occupnncv, or Other Develovment Ordgrs.
Permits or Avvrovals. The County Manager may revoke'any Building Permit, Certificate of
Occupancy, Development Order, Development Permit, or D~velopment Approval, whatsoever,
:.;:. in those cases where an administrative determination has been duly made that, relevant to the
;'? provisions ~md requirements of this Code, false statements or misrepresentations existed as to
'.' Sus~ension of Buildin~ Permits. Certificates of Occuvanc¥, or Other Develot>ment Orders,
Permits or Aot~rovals. The County. Manager may, to the extent permittb..d by law, suspend any
Building Permit, Certificate of Occupancy, Develol~ment Order, Development Permit, or
Development Approvals whatsoever, where an administrative determination has been duly made
¢':. :' that, relevant to the provisions and requirements of this Code, an error or. omission on either the
part of tho applicant or government agency existed in the issuance of the permit or approval. A
valid permit or certificate shall be issued in place of the incorrect permit or certificate after
'."- correction of the error or omission.
L714 ~Order, For any violation of the provisions of this Code which constitutes a threat to
~...~.':"~:' ,:~ life or to public or private property, tl.e County Manager shall have the authority to i~sue a stop
work order in the form of a written olficial notice given to the owner of the subject property or
to his agent or to the person doing the work where such a violation has been committed et: exists.
Upon notice from the County Administrator that any action or work is occurring contrar!y to the
provisions of this Code, and it constitutes a threat to life or to public or private property, such
action or .work shall immediately be stopped. The notice shall state the conditions under which tha '"
· ~. action or work may be resumed. Where any emergency exists, oral notice given by rite County
.,:. Administrator shall bo sufficient.
1.~.8 ' OTHER REMEDIF.,S.
The County Manager or tho Board of County Commissioners may have recourse to such other
remedies in law and equity as may be necessary to ensure compliance with the provisions of the
..... :;? Code, including the following:
Injunctive relief to enjoin and restrain any person from violating the provisions of the Code and
recovery of damages for such violation;
Prosecution by the State Attorney's Office as provided by Section 125.69, Florida Statutes, as
amended;
Prosecution before the Collier County. Code Enforcement Board;
Revocation of any permit or changing the conditions of any permit;
.,~.8'$.. Withholding the issuance of any Construction.Plan approval, Building Permit, Certificate of
:.r?'. Occupancy, or inspection by the County;
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.
placement trees shall be of sufficient siz~ and quantity to repface the DBH inches removed, At the
... tim of planting, a replacement tree shall have a minimum caliper of ! - 1-1/2 inches and a
minimum height of 7 - 8 feet. Vegetation planted in accordance with this requirement shall be
replaced if it dies any time within one (1) year after planting; and
~tller County ' 1-22 October .Itl. 1991
Code
Recovery of attorneys' fees, expert witness fees, and costs, including those on appeal, incurred
by tho County for in-house County Attorneys and staff experts and for outside legal counsel
~xperta.
NOTICE MqD APPEAL.
All glminis~rativo decisions concerning tho issuance, revocation, suspension, or stop work order,
~!"~' ,' or othor r~n~ly pertaining to Building Permits, Certificates of Occupancy, Development Orders,
D~velopment Permits, or Development Approvals, whatsoever, shall be stated in official written
aotico seat by registered mail to tho permit applicant. Decisions of tho County Manager may be
· ,:.' appealed to tho Board of County Commissioners.
1.9,10 PROSECUTION UNDER PREVIOI IS REGULATIONS.
Any prosecution arising from a violat~ ~n of any prior code, ordinance, or regulation of Collier
County superseded by this Code, which prosecution was pending at the effective date of this Code,
or any prosecution which may be beghn within oho (1) year after the effective date of this Code,
ia eonsequenca of any violation of any prior Code, ordinance, or regulation superseded hereby,
which violation vn~s committed prior to the effective date of this Code, shall be tried and
determined cx<tly ss if such prior code, ordinance~ or regulation had not been superseded.
~odt 1.25 October JO. 1991
ESTABLISHMENT OF SCtlEDULE OF FEES. COSTS AND OTilER CIIARGES.
Th~ Board of County Commissioners shall,, from time to time, establish and adopt by resolution,
a schedule of fees and charges for application and document processing, public meetings, public
':~:. h~rings, other meetings and he, rings, transcripts, ' app. rovals, denials, development permits,
· ~ .".,,'~. '. development orders, development, construction, interpretations, enforcement, inspection services,
4:~: '.: sales of documents, review, resubmissi¢.n, and any other zoning or development related services,
":'" and any other services provided or costi incurred by or on behalf of the County.
'1.10.2 MAINTENANCE AND AMENDMENT OF Sq21IEDULE.
;!i ~'~ · The schedule of fees, costs and other charges shall be maintained in the County Manager's office
.., .. and shall be available for public inspection during normal business hours. Additional copies or part
· . or all of the schedule of fees, costs and other charges may be maintained in other appropriate
County departments. The schedule of fees, costs and other charges may be amended, modified or
otherwise ch;aged in accordance with'standard resolution adoption and amendment procedures of
tha Board of County Commissioners. Repeal, amendment or adoption of the ~h~ule of fees,
~. costs and ot~er charges shall not be subject to procedures otherwise required for adoption or
.... ' amendment of this Code.
1.10.3 PAYMENT OF FEES, COSTS. AND OTHER CHARGES.
.! '~ Th~ appropriat~ foes, 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 docun~ent 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, except as expressly provided
otherwise in this Code or the schedule of fees, costs, and other charges. The fees, costs, and other
~Y· 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 fees, costs and other charges have
i~· been paid in full, no action or activity of any type or kind shall be taken on an application,
petition, or request.. Applications, petitions, or requests initiated offic!ally by Collier County by'
its duly authorized agents and officers are exempt from payment of the fees, costs, and charges
",~.' ~ reg. uired herein.
i-24 October JO. 1991
r '~ ~ ~ Reserved
!RESERVED
·
1-25 October 30. 1991
'/~": Reserved
;12 RF_,~EI;tV'ED
mm o'4o~. 85
1-26 October $0. 1991
~eserved
RESERVED
1-27 October 30. 1991
RESERVED
October 30. 1991
[5'11' RESERVED
Ctnm~ 1-29
.' Ocr.her .lO. 1991
RESERVED
!-30 October 30. 1991
Code
~'" Reserved
,17 RF_~ERVED
1-31 October $0. 1991
Code
l~w~ Incorporated Hcretn ~ Reference
L WS INCO TEO BY
~o following Collier County ordin~c~ ~d laws, ~ amend~ or su~r~, are hereby
in~mt~ into this C~e by ~fe~nce ~ if ~lly ~t fo~h ~d r~it~ herein. Re~l or
a~nd~t of ~ ordinal, or adoption of succor ordin~c~s, shall not ~ subj~t lo
p~u~ o~e~ ~ui~ for adoption of amendments to this C~e, except ~ othe~i~
~ui~ by gene~l law.
B~l~g ~n~ction Admlnlst~tive 91-56
~ Bulldog ~e
1988 ~e ~ 89 ~ ~ Revisiom 91-58
~ Pl~b~g ~e
1988 ~e ~ 89 · ~ Revisio~ 91-59
1988 ~e ~ 89 & ~ Revisiom 9140
S~ O~ ~e
1988 ~ ~ 89 & ~ Eevisio~ ~1~1
S~ S~l~ P~I ~
~: 1955 87-21
N~ El~c ~e
~ition: 1~ 91~2
N~tio~ Fi~ P~tion ~FPA) .
~on: 1986 86-54
90-31
~ Budding ~ne ~d) 87-20
Utility S~ 88-76
89-23
89-32
~blie ~ght of Way S~ 82-91
89-26
/-~2 ~wb~r ~0,
,La*vt lncot'poratcd Herein By Reference
': : SeaWall Conatmction 85-2
85 -26
86-5
i:,:' Wat~ Pollcy 74-50 '
t 1-35 October $0, 1991
9. AMENDMENTS TO THIS CODE.
1.1' ' TIMING. Ameadments 'to this Code may Im made not mom than two (2) times during any
calenchu' year as scheduled by the County M~nager, except:
Any amendments to the Collier County Offici~tl Zoning Atlas may be made more often than twice
during the ealeadar year.
In the case of an emergency, amendments to this Code may be made more often than twice during
the calendar year if the ~clditional COd~ amendment receiv~ the approval of all of the~ members
;;:~ .... · of the Board. For this purpose, "emergency' means any occurrence or threat thereof whether.
accidenta~ or natural, caused by man., in war or peace, which results or may result in substantial
injury or harm to the population or substantial damage to or loss of property or public,, funds.
'.5E:C. '1.19.2 ~.~.~. The procedure for am '.ndment to this Code shall be as provided in Division 2.7.
This Code may only be amended in such a way as to preserve the consistency of the Code with
the Growth Management Plan.
C4nm~ .' 1-34 Oc'tober 30, 1991
C'on[lict With Other Law,v
1~20 CONFLICT WITH OTHER LAWS.
>~' If tho provisions of this Code conflict with those of ~my other statute, code, local ordinance,
· · , resolution, regulation or other applicablo Federal, State or local law, the more stringent standard,
limitation or requirement shall govern or prevail to the extent of the conflict.
C~--~I' ~ i.$$ Oclober St}. 1991
· "' Severabltlty
· SEVERABILITY.
It ia the leiialative int~t of the Board of County Commissioners in adopting this Code that all
provisiotm hereof shall b~ liberally construexl to protect and preserve the peace, health, .safety, and
g~neral w~ifam of the inhabitants of the unincorporated portion of Collier County. It is the furthcr
intent of the Board of County Commissioners that this Code shall stand, notwithstanding the
invalidity of.any part thereof, =nd that should ~ny provision of this Code be held to be unconstitu-
tiotud or invalid by a eoun or tribunal of competent jurisdiction, such holding shall not be
construed ~ affecting the validity of ~ny of the ren~ining provisions.
1-36 October JO. 1991
Repealer
RE~ER. The followifig ordinances and laws are hereby r~p~mled and replaced by the
provisions of this Code:
~ Ordinance Num b~:r
Subdivision 76-06, as amended by 82-64, 83-17, 86-17,.
' 89-15, 89-24, 89-47, and 89-63 or
otherwise.
Excavation 88-26, as amended by 88-98 or otherwise.
Blasting 88-12, as amended.
Well Construction 88-99, az ameaded.
Collier County Planning Commi~iob 85-51, as amended by 86'76 or otherwise.
Code Enforcement Board 88-89, as amended.
Contractor's Licensing Board 90-105, as amended, is repealed to the
extent that it is 'inconsistent with the
provisions of this Code, provided, however,
that any provisions of 90-105 not included in
the provisions of this Code are retained and
shall remain ia full force and effect.
Environmental Advisory Board 91-68, as amended.
Board of Adjustments & Appeals 83-16, as amended by 91-57 or otherwise.
Tree Removal " 75-21, as amended by 88-88, 89-58 or
otherwise.
Sea Turtle Protection 88-52, as amended.
Exotie~ 82-37, as amended by 82-113, and 89-53 or
BIS 77-66, as amended by 89-52 or otherwise.
75-19, as amended by 80-19 and 82-88, or
otherwise.
1.$?. October JO. 199/
Repealer
":':' Vehicl~ oB the Beach 72-5, as amended by 74-8, 74-31, and 79-46
:' or otherwise.
Water Managemc. nt Advisory Board 87-97, as amended.
89-60, as amended by 90-13 and 90-114 or
otherwise.
Historieal/,kreha~ologieal Pre.~rvation 91-70
· .?.:. Zoning 82-2, as amended (including the official
,, :. zoning atlas adopted thereunder), except that
no Planned Unit Development (PUD)
Ordlnane¢ valid and effective immediately
prior to the effective dat~ of this Code shall
..: b~ repealed by the adoption of this Code;
: and provided that Section 10.6, Temporary
Us~ Permit~, of Ordinanc~ 82-2, is repealed
to the extent that it is inconsistent with the
': provisions of this Code, provided, however,
, that any ~bsections of Section 10.6 of
:'~ 'Ordinance 82-2 not included in this Code are
retained and shall remain in full force and
effect.
I~C~ li2~.2 CODIFICATION. The following ordinances and laws ar~ not repealed or replaced, by the
.~ ~:.~ provisiona of this Code, but rather are codified by, and included in, the provisions of this C6de:
. '. ?)'. Sublet Qrdin~ln¢¢ Nttmb~r
~,~= ~. Adequat~ Public Facilities 90-24
' Affordable Hou$ing Density Bonua 90-89
'i..;,' :.:
1-$8 October 30, 1991
~ffec.~e Da~e; Enoctm~m
EFFECTIVE DATE: ENACTMENT. ·
EFFECTIVE DATE.
The provisions of this Code shall be effective on and after the !$__ day of November, 1991.
October
Code
:.'~4. SHORT 2TILE ......................... ~ ...................... l
GENERAL PURPOSE ..........................................
ZONING DISTRICTS ESTABLISHED ................................
~ 1.4 ESTABLISHMENT OF OFFICIAL ZONING ATLAS ...................... 2
5EO-.~ 2.1.$ AMENDMENT TO THE OFFICIAL ZONING .ATLAS ..................... 2
$]~(2~'2',1,6 UNAUTHORIZED AMENDMENTS TO OFFICIAL ZONING ATLAS OR CODE
PROHIBITED ............................................... 3
?' FINAL AUTHORITY OF OFFICIAL ZONING ATLAS AND CODE ............. 3
RETENTION OF EARLIER ZONIN(." MAPS OR ATLASES .................. 3
$]~C..2.1.9 REPLACEMENT OF OFFICIAL ZONING ATLAS .................. · ...... 3
!SEC. 2.1.10 ZONING REGULATIONS ARE MAXIMUM OR MINIMUM LIMITATIONS ....... 4
SEC. 2.1.11 ZONING AFFECTS USE OR OCCUPANCY ............................ 4
$]EC. 2.1,12 MULTIPLE USE OF REQUIRED SPACE PROHIBITED .................... 4
~C. 2.1.13 REDUCTION OF LOT AREA PROHIBITED ............................ 4
2,1.14 DEFINITIONS OF GROUPINGS OF VARIOUS DISTRICTS .................. 4
SEC.' 2,1.15 PROHIBITED USES AND STRUCTURES .......... : .................. 5
81~C. 2A.16 EFFECT OF · APPROVALS UNDER .THE ZONING REEVALUATION
i?? - .. ORDINANCE ................... ............................ 5
$]~C. 2. I. 17 TIME LIMITS ON PREVIOUSLY APPROVED DEVELOPMENT ORDERS ........ 5 '
' 2.1.18 CONTINUATION OF PROVISIONAL USES ....................... ' ..... 5
D13t. 2,2 ' .ZONING DISTRICTS, PERMITTED USES, CONDITIONAL USES,
~i,i?i?..~, DIMENSIONAL STANDARDS ..................................... 6
,2 RURAL AGRICULTURAL DISTRICT (A) ............................. 7
ESTATES DISTRICT (E) ........................................ Il
'2?. i.'
2-1 October 30, 1991
.Code
" RESIDENTIiAL SINGLE FAMILY DISTRICTS (RSF) ...................... 13
,2.$ RESIDENTIAL MULTI-FAMILY-6 DISTRICT (RMF-6) .................... 16
IEC~' 2.2.6. RESIDENTIAL MULTIPLE FAMILY-12 DISTRICT (RMF-12) ................ 18
RESIDENTIAL MULTIPLE FAMILY-16 DISTRICT (RMF-16) ................ 20
RESIDENT[AL TOURIST DISTRICT (RT) ...... ; ...................... 21
· 2.2.9.. VILLAGE RESIDENTIAL DISTRICT (VR) ............................. 23
MOBILE HOME DISTRICT (MH) .................................. 25
$~EC.'2.2.11 TRAVEL TRAILER - RECREATICNAL VEHICLE CAMPGROUND DISTRICT
::~;~.':~ .... (TrRVC) '. ............. . .................................... 28
~12 COMMERCIAL PROFESSIONAL/TRANSITIONAL DISTRICT (C-i/T) 33
,.13' COMMERCIAL CONVENIENCE DISTRICT (C-2) ...................... '. · 36
8I~e, 2:2~14 COMMERCIAL INTERMEDIATE DISTRICT (C-3) ....................... 39
?:' '5. .-
8EC.'2.2.15 GENERAL COMMERCIAL DISTRICT (C-4) ................... ; . . , ~... 42
gl~C~.2.2.151,~ HEAVY COMMERCIAL DISTRICT (C-5) .......................... ~... 44
2,2.16 INDUSTRIAL DISTRICT (I) .............................. ' ........ 47
? 2.2~ 17 CONSERVATION DISTRICT (CON) 51
I8 PUBLIC USE DISTRICT (P) ...................................... 53
!.2.20 PLANNED UNIT DEVELOPMENT DISTRICT (PUD) ..................... 57
;glEe, 2.2.21 CORRIDOR MANAGEMENT OVERLAY DISTRICT (CMO): SPECIAL
'"'-;'-" REGULATIONS FOR PROPERTIES ABUT'rING GOLDENGATE PARKWAY WEST
'/'::~ OF SANTA BARB~RA BOULEVARD AND GOODLETI'E - FRANK ROAD SOUTH
OF PINE RIDGE ROAD ......................................... 66
,.. SEC, 2,2,22 MOBILE HOME OVERLAY DISTRICT (MHO): SPECIAL REGULATIONS FOR
MHO IN RURAL AGRICULTURE (A) DISTRICTS ....................... 68
· . SEC. '2.2.23 AIRPORT OVERLAY DISTRICT (APO~: SPECIAL REGULATIONS FOR SPECIFIED
AREAS IN AND AROUND THE AIRPORTS IN COLLIER COUNTY ........... 68
Co~tr ~ 2-11 October JO. 1991
.2.24 SPECIALTREATMENT OVERLAY DISTRICT (ST): SPECIAL REGULATIONS FOR
AREAS OF ENVIRONMENTAL'SENSITIVITY AND LANDS AND STRUCTURES
:. - OF HISTORICAL AND/OR ARCHAEOLOGICAL SIGNIFICANCE AND THE BIG
CYPRESS AREA OF CRITICAL STATE CONCERN ...................... 78
2.2.2.5 HISTORICAL AND ARCHAEOLOGICAL SITES DESIGNATION (H): SPECIAL
',~..' · REGULATIONS FOR PRESERVATION OF HISTORICAL AND
ARCHAEOLOGICAL SITES ........ ' .............................. 88
2.3.1.. ~ AND CITATION ....................................... 100
SliCId2.3.2 PURPOSE AND. INTENT ....................................... IIX)
i~ ~2.3.3'', GENERAL APPLICABILITY .................................... I00
OFF-STREET VEHICULAR FACILITIES: DESIGN STANDARDS ............. 101
igl~IC;': 2;3.$ OFF-STREt~ PARKING: SHARED PARKING ......................... 106
SilO. 2,3.6 OFF-STREET PARKING': USES NOT SPECIFICALLY MENTIONED .......... 109
2.3.'/ OFF-STREI~ PARKING: FRACTIONAL MEASUREMENTS ................ 109
2.3.8 OFF-STREET PARKING: MEASUREMENT ........................... 109
2.3.9 OFF-STREET PARKING: MINIMUM REQUIREMENT .................... I09
$11C. '2.3.10 OFF-STREET PARKING: ENCROACHMENT PROHIBITED ................ 109
'~O-'"2"3.11 OFF-STREET PARKING: NOT TO BE REDUCED OR CHANGED ............ 109
2.3.12 OFF-STREET PARKING: RESERVATION .......... -. ................. 1 I0
SEC~: 2.3.13 [RESERVED] ; .................. ' ........................... 110
2.3.14 OFF-STREET PARKING AND STACKING: REQUIRED AMOUNTS ......... '. . '110
SE(2~' 2.3.15 OFF-STREET LOADING: SPECIFICATIONS .......................... I15
81512. 2.3.16 OFF-STREET LOADING:' PEANS REQUIRED ......................... 119 -
2.~. 17 OFF-STREET LOADING: RESERVATION ............ , ................ 119
2.3.18 OFF-STREET LOADING: .COMBINED OFF-STREET LOADING ............. ! 19
gEC. 2.3.19 . OFF-STREET LOADING REQUIREMENTS ........................... 119
~lt#~' Ca~n~ 2-1fl October JO, /991
S1~C~(2.3.20 OFF-STREET PARKING SPACES REQUIRED FOR DISABLED PERSONS ....... 120
L3.21 STANDARDS FOR PARKING WITHIN THE IMMOKALEE CENTRAL BUS[NESS
~, DISTRICT ................................................. 12 I
r"''~: ' LANDSCAPING AND BUFFERING ............................... 124
TITLE AND CITATION ........................................ 124
1.4.2 PURPOSE AND INTENT . ' 124
PROCEDURES .............................................. 124
,4.4 PLANT MATERIAL STANDARDS AND INSTALLATION STANDARDS ........ 127
2.4.5 MINIMUM LANDSCAPING REQUIRED FOR VEHICULAR USE AREAS ....... 131
~EC. 2.4.6 MINIMUM LANDSCAPING REQUIREMENTS ......................... 133
SEC.' 2.4.7 MINIMUM LANDSCAPE BUFFERING AND SCREENING BETWEEN USES ..... 133
ii.s StuNS ...................................................
TITLE AND CITATION ............. ? .......................... 137
APPLICABILITY ............................................ 137
1.5.3 GENERAL FINDING ' 137
PURPOSE AND INTENT ....................................... 137
SIGNS EXEMPT FROM PERMITTING .............................. 137
PROHIBITED SIGNS · 140
'2.$'7 ' TERMINATION OF PROHIBITED SIGNS ............................ 142
PERMI'YrED SIGNS .......................................... 142
i;SEC, 2.5.9 NONCONFORMING SIGNS ................................. - .... 149
SEC;' 2.5; I0 . CONTINUATION OF NONCONFORMING SIGNS ....................... 150
).,$. 12 PERMIT APPLICATIONS ...................................... IS1
ENFORCEMENT ............................................ 152
~Cotller C. mmry 2-i~ ¢)ctobcr JO. 1991
Code
'.1~'~.. VISIBILITY AT INTERSECTIONS IN ALL ZONING DISTRICTS .............
LO~ATION OF ACCESSORY STRUCTURES .......................... 155
:.6.3 EXCLUSIONS FROM HEIGHT LIMITS ............................. 158
2,6.4 EXCEPTIONS TO REQUIRED YARDS .............................. 158
2.6~5 . BUILDINGS TO HAVE ACCESS ' 160
'2.6.6 USE OF RESIDENTIALLY ZONED PROPERTY FOR ACCESS PROHIBITED ..... 160
2.6,7 PARKING AND STORAGE OF CERTAIN VEHICLES .................... 161
;$g1C,'216.8 MOVING O.F BUILDINGS OR STRUCTURES ......................... 162
.6.9 ESSENTIAL SERVICES ........................................ 162
LOCATION,aL RESTRICTIONS FOR USE INVOLVING INTOXICATING
' '~ "~ " BEVERAGES .............................................. 163
i12"6:11 FENCES ................................................... 165
L6.12 BOATS OR OTHER FLOATING EQUIPMENT USED AS DWELLING UNITS ..... 167
MISCELL33~EOUS STRUCTURES ' 167
14 G UF,,~r HOUSE ............................................. 167
INTEGRAL CARETAKER's RESIDENCE IN COMMERCIAL AND INDUSTRIAL
DISTRICTS ................................................ 168
· DEED RESTmCTrIoNs ' 169
19 RELATION TO STATE AND FEDERAL STATUTES ..................... '169
,6~'20'. HOME OCCUPATIONS ..... .' .................................. 169
PRIVATE BOAT HOUSES AND DOCKS ............................. 170
2.6.22 . [RESERVED] ..... . .......... · ............... : ............... 172
PROHIB~'ED ANIMALS IN RESIDENTIAL DISTRICTS .................. 172
INTERIM AGRICULTURAL USE OF PREMISES ....................... 172
2-v October $0, 1991
Code
FARM LABOR HOUSING ....................................... 175
,26" LOCATIOH REQUIREMENTS FOR GROUP HOUSING (GH) ............... 177
CjustER HOUSING (ZERO LOT LINES) ....... . ..................... 179
.6.25 AUTOMOBILE SERVICE STATIONS ............................... 15l
PRIVATE AIRPORTS ......................................... 184
PROVISIONS OF POLLING PLACES .......... : .................... 184
PROPERTY' FOR PUBLIC USE ................................... 185
OPEN SPACE REQUIREMENTS IN ALL ZONING DISTRICTS .............. 186
TEMPORARY USE PERMITS ....................................
gEC,~..2,6,34 [RESERVED] ..............................................
L6.35 COMMUNICATIONS TOWERS. .: ................................ 189
ZONING ADMINISTRATION AND PROCEDURES .................... 190
PLANNED UNIT DEVELOPMENT (PUD) PROCEDURES ................ .. 200
~:L7.4 CONDITIONAL USES PROCEDURES .............................. 209
VARIANCE PROCEDURES ' 212
~"EC.:2.7.6 BUILDING PERMIT. AND CERTIFICATE OF OCCUPANCY COMPLIANCE
~.! . · PROCESS ...... ; ........................................... 214
$EC,.2,7~7 AFFORDABLE HOUSING DENSITY BONUS ........................ .. . 215
Collier ~ 2-vt October JO. 1991
Code
?
~[.Q.[~T_rFLE. This article shall b~ known ~ the 'Collier County Zoning Cod~' ~d ~y be
eit~ ~d ~fe~ to he.in ~ the '~ning.C~.'
": It is ~e ~t~t ~d pu~ of this C~ ~ to ~blish ~d adopt comprehensiv~ ~ning regulations
,'. govem~g Ih~ ~ of l~d ~d water in, h~ uninco~t~ ar~ of Collier County, Flofi~.
"' ~latioas a~ b~ on a comprehensive pl~ for ~ture development, and are enact~ to prot<t,
p~m~, md improve the public h~lth, ~fety, comfort, order, ap~mnce, convenience, morals
~d gene~l welfa~ of the ~iden~ bf the County.
~s C~e ~tends to accomplish ~d to provide for efficiency ~d economy in the pr~ess of
~m~ development ~d rMevelopment: appropriate use of lad; prese~ation, proration,
con~ation, ~d development of the natural ~sources of land, water ~d air; convenience in
cimulation of taffic for ~e t~s~ of p~ple, g~s, ~d commoditi~, prot~tion of persons
~d pro~rty in fl~ways ~d fl~ plains; h~lth~l ~d convenient distribution qf ~pulation;
ad~te ~d ~ntinuously ~in~in~ public faciliti~ ~d utiliti~; promotion of ameniti~, ~th
public ~d p~vate, to ~inmin ~d improve the quality of life for all residents; and development
consistent with the Gro~h M~agement PI~.
In order to ensure that all development in uninco~t~ Collier County is consistent with the
Collier Co~ty Gm~h M~agement PI~, it is n~ ~d proof to ~blish a ~fi~ of ~ning
distfie~ to en~m ~at ~ch ~tt~, a~ ~d conditional ~ is compatible ~th
~d~.g land ~, ~ by ad~t~ public faciliti~, ~d ~nsitive to natural ~d co~l
to ~tt~ ~, conditional u~, dimensional s~rds ~d other l~d u~, density ~d intensity
~lations ~d refe~nc~, si~ ~iations, off-st~t parking ~d loading regulations, I~d~ap~g
~lations, ~d other re~lations that control the use of ]~d in ~ch ~ning district. All
development within ~ch ~ning d~stdct shall ~ consistent with the pu~oses ~d regulations smt~
for that ~tfing district ~ Div. 2.2.
2.1.3 ZO~G DI~R!CTS E~ABLISHED. In Order to ca~y out and implement the Collior Count)'
G~ M~agement Pim md the'pu~ses of this Code, the following ~ning districts with their.
.ppli~bla sym~ls a~ hereby ~blish~:
Golf Coupe District (GC).
.~ . Ru~ Agfi,eul~r~ District (A)
R~idential SMglo Fa~ly-I District (R$F-I)
,: ' R~idential Single Fa~ly-2 District (RSF-2)
R~idential Single Fa~ly-3 District (RSF-3)
':., R~id~tial S~glo Fa~ly4 District (RSF4)
R~idential Single Family-5 District (RSF-5)
· ~' ' General
!; .~'.~ 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 Hort~ District (MH)
Travel Thrift-Recreational Vehicle C~mpground District (TTRVC)
· Comm~rclal Professional District (C-l)
"' ":~:: . Comrr~reial Conve. rfienco District (C-2)
Commercial Intermediate District (C-3)
Gmeral Cotnm~rclal District (C-4)
:~- ' Hmvy Commercial District (C-5)
lnduta'ial District (l)
'"' Conservation District (CON)
Public Us~ :District (P)
Community F~eiliti~ District (CF)
'?~ ;!i" Plmmed Unit Development District (PUD)
· . '~ Corridor Management Overlay District (CMO)
Mobile Home Overlay District (MHO)
Airport Overlay Districts (APO)
i'~ .~' Special Treatment Overlaj, District (ST)
Historical and Archaeological Site~ (Iq)
'~C', 2~1.4 ESTABLLgHMENT OF OFFICIAL ZONING ATLAS. The location and boundnries of the
ii" zoning districts established in this Code shall be set forth a~d shown on the official zoning atlas
of Collier County which is incorporated by reference into this Code as if fully described ~d set
. :.71.. forth herein. The district symbol or symbols as set forth in this Zoning Code shall be used to
~!ii~:~.' designste ~ch district on the official zoning atlas.
· E~h page of the Official Zoning Atlas shall be identified by the signature of the Chairman of the
Bo~rd of County Co~issioners m'id attested by the Clerk of the Circuit Court, and shall bear the
seal of Collier County under the following words: 'This is to certify that this is page ~ of the
Official Zoning Atlas referred to and ~lopted by reference by Ordinance No. . of the County
of Collier, Florida, -d0pted , 19._."
A copy of the official zouing atlas shall be located at ali times for inspection by the general public
during regular business hours in the Office of the Development Services Director and the Clerk
to the Bead of County Commissioners.
'?:
2.1.5 AMENI)MENT TO THE OFFICIAL ZO.NINO ATLAS, If, pursuant to the terms of this Code
r, '.' md the applicable Laws of Florida, amendments are made to the districts, boundaries, or other ·
'f;'"' · matters portrayed on the official zoning atlas, such amendments shall be entered on the official
;: .' zoning athos by the Development Services Director within twenty (20) days after amendment.
?'~:i: Failure to so enter any Such amendments within twenty (20) days shall not affect the validity of
.. any such ~mendments. However, no amendment to this Zoning Code which involves a matter
:~ portrayed on the Official Zoning Atlas shall I:~come effective until such change and entry has been
: ' made on fl~e Official Zoning Atlas in the manner herein established. Each amended page of the
i Collltr C.4nmty 2-2 October 30. 1991
'~1- ~' ~ '
General
.. ~ official zoning atlas shall contain ~ entry which reads ss follows: On , 19_, by
Ordinanc~ No. , the'following amendments were made to the official zoning atlas: [include
brief description of nature of amendment],' which entry shall be attested by the Clerk of the
~:~?(.. '. Circuit Court.
2,1.4' UNAUTHORIZED AMENDMENTS TO OFFICIAL ZONING ATLAS OR CODE
..',~,?...: I~d~ll:II]~.~ED. No changes of say nature shall be made in the official zoning atlas or any matter
shown thereon, or in the zoning districts or regulations contained herein, except in conformity
i:, '" ' with the proc~ur~ established in this Zoning Code sad consistent with the Growth M~magement
.~.~: .. Plan. Any unauthorized change of whatever kind by any person shall be considered a violation
:*-'.':." '- of .this
2.1.? FINAL AI. rrltORITY OF.QFFIClAI., ZONING ATLAS AND CQDE, Regardle~ss of the
:.?.:" :. existence of purported copies of the offi~ iai zoning atlas or other parts of this Zoning Code,..which
from time to time may be made or publit'hed, the official zoning atlas located in the Office of the
Clerk shall be the final authority ss to the current zoning of all land and water in unincorl~orated
"~' Collier County, and the Zoning Code located in the Office of the Clerk to the Board of County
:i.~,~;;: . Commissioners shall be the final authority as to the various zoning districts and regulations herein-
. established.
?eEC. ~1.$ RETENTION OF EARLIER ZONING MAPS OR ATLASES. All zoning maps or atlases, or
renmining portions thereof, which have h~l the force ~d effect of official zoning nmps or atlases
for Collier County prior to the effective date of adoption of this Zoning Code shall be retained as
.'..' a public r~,ord ss'a guide to the zoning status of l~ds sad waters prior to such date. Upon the
~ date of ~loption of this Zoning Code, the immediately prior official zoning atlas of that date shall
be microfilmed and such filmed record 'retained permanently in a place separate from tho original
prior offici~l zoning atlas.
$JgC. 2.1,~ REPLACEMENT OF OFFICIAL ZONING ATLAS. If the official zoning atlas, or any page
~. : or portion thereof, becomes damaged, lost, destroyed, or difficult to interpret by reason of the
!;i'~.i:c.:' , nature or number of changes, the Beard of County Commissioners may by ordinance adopt a new
'?o? .: . official zoning atlas, Or ~my page or pages thereof, which shall supersede the prior official zoning
atlas or page or pages thereof. The new official zoning atlas, or page or pages.thereof, may
' *. correct dr~fting or other errors or omissions in the prior offieial zoning atlas, or page or pages
'": thereof, but no sucl~ ~:orrection shall have the effect of amending the original official zoning atlas,
or page or pages thereof.
If, in tho process of adopting a replacement official zoning atlas, or any page or pages thereof,
district boundaries are changed or altered, then action in regard to such change of district
~.:~'. ' boundaries sludl bo taken only in the form of ~n amendment to this Zoning Code.
Tho official' zoning atlas, or portion there°f, shall be authenticated as for the original, with
wording to the following effect: 'This is to certify that this official zoning atlas (or page or pages
thereof) by Ordin~.nce No. dated , 19_, replaced the official zoning atlas
;.: .7. (or page or pages thereof) adopted , 19_, ~s part of Ordinance No. ~ of the
3?ii;:~ County of Collier, Florida.
2-3 October 30. 1991
'.~. : ;:.
General
~,.. :i Unless the prior official zoning atlas has been lost, or has been totally destroyed, the prior official
,:;~'i. '' zoning athm or any significant parts thereof remaining shall be preserved as a public record,
~.. together with all available records p~rtaining to its adoption or amendment.
;'r~EC. 2.1.10 ZONING REGULATIONS ARE MAXIMUM OR MINIMUM LIMITATIONS. The
:' ' regulations established in this Zoning Code and within each district shall be minimum or maximum
.:,~:" limitations, as the case may be, and shall apply uniformly to each class or kind of structure, use,
~: land or water, except where specific provision is made in this Zoning Code.
~C,'2.1.11 ZONING AFFECTS USE OR OCCUPANCY. No building, structure, land, or water shall
i:.. hereafter be used or occupied, and r o building, structure, or part thereof shall hereafter be
. erected, cx)nstmcted, reconstructed, lc :.ated, moved, or structurally altered except in conformity
with the regulations herein spocified.f,~r the district in which it is located.
~'' ': I~EC. 2.1.12 MULTIPI,E USE OF REOUIRED SPACE PROHIBITED. No part of a required yard,
: '.' required c.pen space, required off-street parking space, or required off-street loading space,
~.. i provided in connection with one building, structure, or use shall be included as meeting the
~ :: requirem~lts for any other building, .structure, or use, except where specific provision is made
'i.'.> , ia this Zo~dng Code.
?",, '~C. 2.1.13 R~DU~ION OF LOT AREA PROHIBITED. No lot, even though it may consist of one or
more ~lj~:ent lots of record, or yard existing at the eff~tive date of this Zoning Code shall
thereaRer be reduced in size, direction, or m'ea b~low the minimum requirements set forlh
herein, ex.pt by re. asea of a portion being acquired for public use in any manner including
~. dedication, condemnation, purchase and the like. Lots or yards created after the effective date
, .'~ of this Zoning Code shall meet at least the minimum requirements established herein.
'?:i., .'..
'~ fgEC.. 2.1.14 ~'[ONS OF GROUPINGS OF VARIOUS DISTRICTS.
· ;,;.. . .
t?~'!1'2.1.14.1 Where the phrases 'agricultural districts', 'zoned agricultural', .'agriculturally zoned',
'agricultural zoning', 'rural zoning' or phraseology of similar intent, are used in this Zoning
:. Code, the phrases shall bo construed to include: A and E..
::':2'1.14.2 Where the phrases '~all residential districts',. 'residential districts', 'zoned residentially', or
~,. :. 'residentially zoned', or phraseology of similar intent, are used in this Zoning Code, the phrases
;~" ::'"' ' shall b~ construed to include the following districts: RSF-I, RSF-2, RSF-3, RSF-4, RSF-5, RSF-
" 6, RMF-6, RMF-12, RMF-16, RT, VR, and MH, and residential components in PUDs.
~L1.14.3 Where tho phxase, s 'commercial districts', 'zoned commercially', 'commercially zoned',
;i?::'. 'commercial zoning', or phraseology of similar intent, are used in this Zoning Code, the phrases ·
,. f"' shall be constructed to include: C-l, C-2, C-3, C-4, C-5; TTRVC, and commercial components
': i:~":": ia PUDs.
2.1.14.4 Where the phrases 'industrial districts', 'zoned industrially', 'industrially zoned', 'industrial
!' zoning"', or phraseology of similar intent, are used in this Zoning Code, the phrases shall be
:' construed ¢o include: I and industrial components in PUDs.
C-aunty 2-4 October JO. 1991
PROHIBITED USES AND STRUCTUi~S. Any use or structure not sp~ifically permitted in
~, ~: .: · a .zoning district ~ a p~rmitted us~. conditional u~ or us~ allowed by reasonable implication shall
,'- b~ prohibited in such zoning district.
2.1.16 [~FI~CT OF APPROVALS UNDER THE ZON. JNG R, EEVALUATI~N QRDINANCE. Any
u,~ or structure that has b~n granted a compatibility exception, an exemption, or vested rights
pursuant to the Collier County Zoning Reevaluation Ordinance, Ordinance No. 90-23 (1990), shall
~: '". b~ a permitted ~ in the zoning district in which it is located to the extent of its approved
n, mximum density or intensity of use and to the extent that it remains effective. Such use or
structu~ shall nevertheless comply with all other requirements and regulations of the Land
;-' Development Code.
SEC. 2.1.17 TIME LIMITS ON PREVIOUSLY APPROVED DEVELOPMENT ORDERS.
· " Any time limits on may development orders approved prior to the adoption of this Code shall
continue to run ~nd shall not be enlarged, expanded or stayed by the adoption of this Code.
Furthermore, any time limits required under this Code for any types of development orders which
ar~ mor~ restrictive or shorter than the time limits remaining on previously approved development
orders shall apply retroactively to all such previously approved development orders. ~Iowever,
, the application of such more restrictive time limits under this Code to previously~approved
development orders shall commenc~ to run on the effective date of this Code.
This subsection shall not apply to final subdivision plats approved prior to February 17, 1976.
SEC./.1AS CONTINUATION OF PROVISIONAL USES.
Any provisional use, including all stipulations and requirements thereto, approved by the Board
of County Commissioners prior to the effective date of this Code and valid and effective
immediately prior to the effective date of this Code shall be treated under this Code as follows:
.... : 1. If such provisional us~ isprovided for as a conditional use in the zoning district in which
it is located under this Code, then it shall be permitted as a conditional use under this
:: '-:' Code.
,, .: 2. lfsuch Provisional Us~ is not provided for as a conditional use or permitted use in the
. . zoning di's'trict in which it is located under this Code, then it shall be a legal non-
.... conforming us~ under this Code.
,,
~ 2-$ October 30. 1991
;f.;.
~onlng Districtsi ~ermltted Uses, Conditional Usess Dimensional $1andarda
D j2.2 ZO NG DIST CTS. PE I ED USES, CO ITION
:' DI NSION ST ARDS
~ dlvi~ioa ~ fo~ tho pu~ ~d inteat, ~mtt~ u~, conditional ~, dlmen~ional
:": ': s~, and o~er ~ui~mcn~ for ~h ~ning district ~mblish~ herein.
'.~. i.1.1 GOLF COI~ DI~RICT
[.i'' ~ ~d In~t. ~o pu~ ~ ~nt of.~i~ di~tdct i~ to provido l~ for golf cou~
, ~'?:~ OC Di~dct ~dl ~ ~ ~~ wi[, ~o Hrbm Mix~ U~ Distdct ~d ~o Ag6cultu~l Ru~l
.r::}~ .~ ' , District of the Fumm ~d U~ Ele~.,~t of the Collier County Gro~h M~agement PI~.
~itt~ Us~. ~ following ~ am ~tt~ ~ of ~ght, or ~ us~ acc~so~ to ~tt~
:.~ ~, ~ ~, Golf ~u~ Di~tdct (G~.
:.," 1. Golf
~ ~~ to ~itt~ U~.
';:' I. Us~ ~d ~t~cm~ ~t
~ GC DiVot.
;. 2. R,e~tio~ ~iliti~ ~at ~o ~ ~ integral pad of th, ~tt~ ~, ~clud~g but not
:~'"" li~ to club ho~, ~ty ~nter building, pnctic~ driving mgm, shufflc~a~
: ~u~, ~mg ~ls ~d ~a f~iliti~, ~ack shops ~d ~t r~m.
3. A ~imum of ~o (2) ~id~ti~ dwelling ~ for ~ by golf ~u~ employ~ in
~j~ction ~ ~e o~tion of ~o golf ~u~.
2.2.1.3 C0n~fio~ U~. ~o follo~g ~ a~ ~ible ~ conditional ~ ~ the GC District,
~bj~t to ~o s~r~ ~d pmvisio~ ~blish~ ~ Division 2.7.4.
I. Co--mid ~blis~n~ o6ent~ to ~o ~tt~ ~ of ~ Dist6ct includ~g'gi~
shops, pro shops, golf ~uipment ~les, ~u~ts, c~k~il lounge, ~d si~lar ~,,
excl~ively ~tend~ to ~o ~tmns of the golf coup.
2~.1.4 Dim~ional S~n~r&. ~o following dimensional s~dards shall apply to all pe~tt~, ·
. '.; ' ' · ~, ~d.~nditional ~ in tho Golf Cou~ Distdct (GC).
4.1 Mi~ ~t ~. Not ~ppli~bl~.
~¢. nlng D. ls.trictt, Permitted tJ:et, Condl#onal ti:e:, Dimensional Standard~
Minimum Yard R~ui'rement. For any yard abutting residentially designated property, the
minimum yard shall be fifty feet (50') with land,w, aping and buff~fing as.required for the district
or use with the most similar types, &nsities and intensities of use.
i;2.2.1.,~4 ]~lliAilglll0~lfighl. Thirty-Five (35').
~. Not applicable. However. a maximum of two (2) residential units,for u,~ by
'~"" :" golf cour~ employee, s in conjunction with the operation of the golf cour~ as described:in the uses
~..,~ ;ii; accessory to permitted uses may bo allowed in the district.
'2-~1.~1.~ Distanc~ Between Structures. Not a, ,plicable. ,.
'~l.l.l.4.? Minimum l'loor Area. Not applicabh..
..~1,1.4.$ Maximum ]'.,et Cove~_ e. Not applicable.
1~1.I;~1,9 ~llnimum Off-Street Parking. Aa nxiuired in Div. 2.3. ~ "
1.~.1.4,10 l.~gllKl~. The maximum height o? lights shall be twenty-five (25') feet except as otherwise
provided for during the review and approval of a site development plan. Lights shall b~ located
· - and designed so that no light is aimed directly toward proper~y designated rezidentiai, which is
,,.. located within ~ hundred feet (200') of the sourc~ of the light.
4.11 ~. Aa required in Division 2.4.
Siam. As rtxluired in Division 2.5.
Z 2.2.2 RURAL AGRICULTURAL DISTRICT CA).
2;2'2~i Purpose_ and Intent.. The purpose and intent of the Rural Agricultural District (A) is to provide
lands for agricultural, pastoral, and rural land uses by accommodating traditional agricultural,
agricultural r~lated activities and facilities, support facilities related to agricultural needs, and
conservation uscs...Uses that are generally considered compaiible to agricultural uses that would
not endange:r or damage the agricultural, environmental, potable water, or wildlife resources of.
Collier County, are permissible as conditional uses in the A District. The A District corresponds
to and implements the Rural Agricultural land use designation on the Future Land Use Map of the
Collier County Growth Management Plan, and in some instances, may occur in tho designated
Urban Area. The maximum density permissible in the Rural Agricultural District within the Urban
Mixed Use District shall be guided, in part, by the Density Rating System contained in the Future
Land Uso 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 density permissible in the Rural Agricultural District within the
Agricultural/Rural District of the Future Land Uso Element of the Collier County Growth
Management Plan shall be consistent with and not exceed the density permissible or permitted
under the Agricultural/Rural District of the Future Land Use Element.
Collltr Courwj 2-7. October JO. 1991
Ltmd Ot~tlot~ntnt Cedi
laennltted Uses, The following uses are p~rmitted as c;f right, or as uses accessory to permitted
"'~', . uses, in the Rural Agricultural Dislrict (A)..
I, Single-family dwelling.
.it !' '.'i" . 2. Agricultural ,,ctivities, including, but not limited to: crop raising;, dairying; horticulture;
fruit and nut production; fbrestry; groves; nurseries; ranching; beekeeping; poultry and
egg production; milk production; livestock raising; and animal bro..ding, raisin~, training,
~ ':' stabl~g or kenneling, and aqu ,culture for native species subject to State of Florida Game.
~. ~. and Freshwater Fish Commis ~ion permits.
3~ Wildlife management, pleat m.d wildlife conservancies, wildlife refuges and sanctuaries.
:i~::'. · 4. Wholesale plant nurseries,
.~';' · ,' ". 5. Con.,;ervation uses.
X. C '
6. Oil and gas exploration subject to State drilling permits and Collier Cour~ty Site
?.~.-:" Development Plan review procedures.
7. Family Care Facilities, subject to Sec. 2.6.26.
l,)'ses Acces.sorv to Permitted Us~s,
1. Uses and structures that are accessory and incidental to thc uses permitted as o~.r~ght in
the A District.
· 2, Farra labor housing, subject to Sec. 2.6.25.
3, Retail sales of fresh fruiit and produce grown primarily on the property and further
: subject to a review of traffic circulation and safety concerns.
i.; 4. Packing house or similar agricultural processing of farm products produced on the
property subject to the fc,llowing 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 or is not located within any properties zoned RSF-I
RSF-6, RMF..6, RMF-12, RMF-16, RT, VR, MH, 'Iff'RVC and PUD or
.. residentially used.
b. A' buffer yard
~: :.~ provided along e. ach boundary of the site which abuts any residentially zoned or
:,.,~. used properly, ~.nd shall contain an Alternative B type buffer as defined within
Div. 2.4 of thi.,: 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 Sex:tion 2.2.2.2.2.(4)(a).
c.' The facility shnll emit no obnoxious, toxic, or corrosive dust, dirt, fumes,
vapors, or gases which can cause damage to human health, to animals or
vegetation, or t,) other forms of properly beyond the lot line of the use creating
' ~'~':'?' ' the emission.
/i...,..
, ,,.Land De~etopment Code
Zontnt Olt~rt¢~, iacr~ttt{'~ ~¢$. Ct~ntlittonat tI~.r~t. Dlmen.~tonat
:~ :..' i' d. A site development plan shall bo provided in accordance with Div. 3.3 of this
· :.. Code.
$. Extraction or earthmining, and related processing and production subject to the following
criteria:.
a. The activity is clearly incidental to the agricultural development of the property.
b. The affected area is within a Surface Waier Management System for agricultural
· ::-. u.~ as permitted by the South Florida Water Management District.
6. Guoat houae~, aubject to Sec. 2.6.14.
7. Privat~ boathous~a and dockt on lake, canal or waterway lots, subject to Sec. 2.6.21.
.' ' 8. Us~ of a raobile hort~ aa a tel ~porary residen~ while a permanent single family dwelling
is being constructed, subject 'o the following:
', a. Receipt of a temporary uso permit from the Development Services Director
"'"' pursuant to Div. 2.6.33, that allows for us~ ora mobile home while a permanent
single family dwellifig is being built;
b. A.~-uranee that ~he t~mporary us~ permit for the mobile home will expire at the
~'" sam~ tin~ of the building permit for the single family dwelling, or upon the
completion of the single family dwelling, whichever coma first; and
',i:~'~ c. Proof that prior to the i~uance of a final certificate of occupancy for the single
family dwelling, the mobile hort~ is removed from the premises.
/, d. A mobile home or trailer, used in connection with the rural agricultural district
uses is permitted on a temporary basis only, not to excel! the duration of the
rural agricultural uso of land for commercial purposes for which the mobile
home is a permitted accessory use for three (3) years. Said mobile homo usc 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 us~ 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 bo located closer than one hundred feet (I00') fram any County highway
line, two hundred feet (200') from any State highway fight-of-way, or five
hundred feet (500') from any Federal highway right-of-way line.
e. The mobile hom~ must bo removed at the terminatio'n of the permitted period.
9. Recreational facilitiea that serve aa an integral part of a residential development and have ·
:' ' :': born~ d~ignated, r~viewed 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, clubhouse, community center building and tennis facilities, parks, playgrounds
~ and playfields.
" :' 2.2.2.3 ~9rtditional Uses. The following uses are permitted as conditional uses in the Rural Agricultural
District (A), subject to the standards and proFedur~ established in Div. 2.7.4.
· 04§ 1i4
2-9 October $0, 1991
1. Extn~etion or ~flh~ning, ~d ~lat~ pr~sing ~d pr~uction not incidental to the
~gfi¢:ulm~! dcv¢lopm~nt of thC pm~y.
3.. ~, tq~fium, avian, ~i~l garden, or other si~lar u~.
4. Hunting ~bins.
$. Aqu~ulm~ for non-nativo or exotic s~i~ subj<t to S~te of ~lofi~ Game ~d Fr~h
6. ~u~h~ ~d other pla~ of wo~hip.
7. Pdva~ I~ding strips for genc~i sviation, subj<t to ~y relev~t s~ ~d f~e~l
8. ~n~fi~.
11. ~ll~tion ~d t~sfcr sit~ br ~u~ ~ve~.
14. Potable ~haltic ~nc~te Ba~h PI~, ~bj<t to the following ~nditions:
· . ~e Pl~t is I~t~ on · ps,el of I~d of at I~t eighty (80) ac~ in si~;
b. ~o Pl~t is no g~ter th~ sixty (60) f~t in height ~d ~y ~tefial stooge
silos a~ ~ tho Pl~t a~ no g~tcr th~ ninety (90) f~t in he,bt; "
c. ~o ~ mining f<ility ~ by ~e Pl~t is ~tback at l~t five h~ (5~)
d. ~! ~t~lcum ~lat~ p~ucB ~ at the Pl~t are sto~ a~ve g~u~d, in a
d~ im~mio~ cell, to ~fcg~rd against veHi~l ~d hofi~n~l g~d
e. ~e ~joHty of ~e ~w ~tedals ~ at ~c Pl~t co~ f~m ~c ex,ration
on si~;
~o Pl~t ~iv~ ~ appmvM ~nditional ~ ~t prior to i~ o~tion;
g. ~e Pl~t ~iv~ a Co~ty ~e<ial excavation ~t prior to i~ o~mtion;
h. ~e du~tion of ~ Pl~t's o~tion d~ not exc~ thc expiation ~te of ~
ex,ration ~mit or ~y other ~uir~ ~t, whichever ~cu~ fi~t;
i. ~ hou~ of o~ntion of the Pl~t shall ~ Ii,tM to insure compatibility with
~d pmt<tion of ~unding I~d ~;
j. ~e Pl~t ~iv~ approval for a site development pl~, puget to &c
~ui~men~ of Div. 3.3; ~d
k. ~e Pl~t ~mpli~ wi~ all s~tc ~d f~e~l s~rds of ~rfo~ce for
Po~ble A~haltic ~ncrete Batch Pl~.
16. Group ~ Faciliti~ (~go~ I ~d II); Care Uni~: ~d Nu~ing Hom~ subj<t to
~g. 2.6.26.
18. ~1 ~d g~ field dcvclop~nt ~d p~uction subj<t to State field development ~its.
5~m ~tmctional 5chris ~d ~mps.
20. 5~ing ~d R~mtio~l ~mps.
2-10 Ocu)ber JO, i~i
Dim~ional S~ndar~. ~e follo~ng dimensional s~dards shall apply to all ~tt~,
~, ~d condi~io~l u~ in tho Ru~l Agfi~ulm~i District (A).
Minim~ ~t A~ 5 ac~.
~~ ~l ~dth. ~e b~d~ ~d sixty five f~t (165').
5 M~ t'[ein~l, ~y f~t (30'), ex.pt u provid~ in S~. 2.6.3.
M~ ~ity. ~o (!) d~ll~g ~it for ~ch ~ve (5) acr~.
~ ~ ~ui~ ~ Div. 2.5.
,I '~. :' ~ ~ d lntmt~ ~e pu~ ~d ~t~t of ~e ~t~ Dist~ct (E) is to provide I~ for low
~tiviti~. ~ Mditlon ~ low d~ity ~id~tial development with li~t~ ag~culm~ activiti~,
· e E Dist~ct is ~ d~i~ to ~~te ~ conditional ~, development ~at pmvid~
~i~ for ~d is ~m~tible ~ ~e low de~ity ~identiaL ~-mml ~d mini character of
· e E Dis~ct. ~e E Dist~et ~n~ to ~d implemen~ the Es~t~ l~d ~ d~i~ation on
~" ~e Fum~ ~d-U~'Map of ~o ~ilier' Co~ty Gro~h M~agement PI~, although ~ ii~t~
~, it ~y ~ur ou~ido of &e ~t~ lind u~ d~i~ation. ~e ~imum density
~ibl~ ~ ~e ~t~ District shall ~ co~istent with ~d not exc~ the density ~ible
,'~. or ~tted ~der. tho Esat~ District (E) of th~ Future ~d U~ Element of th~
· ~ M~agement Plm or ~ pmvidM under th~ Golden Gate M~ter Pl~
2.23.2 ~ ~e follo~ng u~ am ~tt~ ~ of right, or ~ u~ acces~ to pe~tt~
~, ~ ~e ~ District (E):
2. Folly ~ Faeiliti~, subj~t to S~. 2.6.26.
' ' 1. U~ ~d st~c~ that a~ ac~ ~d inciden~l to u~ ~tt~ ~ of ~ght in the
'""~.:, E Dist~ct.
'~'.: :'* 2. Field crops ~i~ for the contraption by ~ns ~iding on the pre~s~.
3. K~ping of fowl or ~ult~, not to exc~ ~enty'five (~) in io~l numar, provid~ such
fowl or ~ult~ am kept in ~ enclosure I~tM a ~nimum of thi.y f~t (30') from ~y
lot line, ~d · ~nimum of one hundr~ f~t (1~') from ~y r~idenco on ~ ~jacent
parcel of l~d.
4. Ko~p~g of ho~ ~d liv~i~k (ex~pl for hogs), not to exc~ ~o (2) such ~i~ls for
~h acm, ~d with no o~u f~ lea. ~y r~f~ structure for the shelter ~d f~ing
. of such ~i~ls shall ~ a ~n mum of ~iny f~t (30') from ~y lot line ~d a ~nimum
of one hund~ f~l (1~') from ~y residence on ~ adjacent panel of l~d.
5. ~e ~t ho~, ~bj~t to S~,:. 2.6.14.
6. Rec~tional faciliti~ that ~e ~ ~ integral pa~ of a r~idential development ~d have
~m d~i~at~, ~view~ ~d app~vM on a site development pl~ or su~ivision ~ter
phm for ~at development. R~tional faciliti~ ~y include but are not li~t~ to golf
coup, clubho~, certify center building ~d te~is faciliti~, par~, playgrounds
~d playfiel~.
3 ~. ~e following ~ ~ ~ible ~ conditional ~ in the Es~t~ District
(E), mbj~t to ~o s~ ~d p~u~ ~blish~ in Div. 2.7.4:
1. ~h~ ~d o~er pl~ of wom~p.
2. ~ial ~d f~temal org~tions.
3. ~d ~m ~.
4. ~h~Is, ~blic ~d P~vate.
S. Group ~ f~iliti~ (~tego~ I ~d II); ~re U~, Num~g Hom~ subj~t to S~.
~ ' 2.6.26.
~4:'~ D~imml Smn~r~.. ~e following.dim~sional s~r~ shall apply to all
':'~:~ ~, ~d ~nditional ~ ~ ~e Es~t~ Dist~ct (E).
'~23.4.1 Min~ ~t..A~. Two ~d on~er (2 1/4) acr~.
2~3.4.2 ~m ~t Width. ~e h~d~ ~d fifty f~t (150').
.4.3 Mi~ Yard Rmui~en~.
1. ~nt Yard. ~v~ fiv~ f~t (75').
2. ~ide Yard. ~ay f~ (30') except for legal non~onfo~ng lo~ of ~ord.which shall
' ~ ~ut~ at ~e ~te of ten (10%) ~ent of the width of ~e lot not to exc~ a .
~imum ~uimment of ~ifly (30') f~t.
3. g~r Yard. Seventy five f~t (75').
('?:~ 2.23.4.4 M~immn Height. ~ny f~t (~0').
~ ~ 2-12 Ocfober ~0.
.~lnlg ~)l. ttrlet,~ /~ermlt. trd. IZres, Con,ti~innrd Uses, ~tmrnstnnal
J,4.5 ~im~ De,Jig. One (1) dwelling unit for ~ch two and on,-quarter (2 1/4) acres.
l'4.6 ~jnim~ ~r Ar~. Ono thou~d (!,~) sq~ feet.
4.7 :. ~[nim~ Qff-S(~t ~rkin~, As ~ulr~ in Div. 2.3.
2.2.4 ~rlAL S~GLE FAM~Y )I~RICTS (RS~.
2.4.1 ~e and Int~h ~ pu~ ~d intent of the ~sidential singl~ fa~ly dist~c~ (RSF) is to
provide l~ds pfi~dly for singlo-fa~ly r~idenc~. %~ distdcts are intcnd~ to ~ single
~ fa~ly ~identiai a~ of Iow density. ~e nature of th~ u~ of pro~y is the ~me in all of
~ distd,:~. Variation among the RSF-I, RSF-2, RSF-3, RSF~, RSF-5 ~d RSF~ distdc~ is
~ ~uima~n~ for deasity, lot a~, lot width, yards, height, fl~r ar~, lot core.ge, parking,
i~ping ~d si~s. Cemin stmctur~ ~d u~ desi~ to seine the i~iate n~s of the
single fa~ly r~idential developmen~ in the RSF districts such as gowmmental, ~ucational,
~ligio~, and non<o~e<ial ~tional u~ a~ pe~tt~ as conditional u~s ~ long ~ they
p~e, ~d am compatible with the single fa~ly r~id¢ntial character of the RSF' district. %~
RSF dist~c~ co--nd to ~d implement the Urb~ Mix~ Us~ I~d u~ d~signation on th~
Fumm ~d U~ Map of tho Collier County Gro~h M~agement PI~. ~ ~ximum density
~ible in the ~idential singl~ fa~ly districts ~d the Urb~ Mix~ Use I~d use d~ignation
' ~all ~ guid~, in part, by tho Density Rating System con~inM in Ih¢ Future ~d Use Element
of ~o Collier County Growth M~agement PI~. ~ ~ximum density pe~issible or ~tted
in a district shall not exc~ tho density ~ible under the Density Rating System.
2.2.4.2 Pe~itted Us~. ~ follpwMg u~ ar~ ~ttM ~ of right, or ~ uses acces~ry to ~tt~
~, in tho r~idential single fa~ly districts (RSF).
:.; 2. Fa~ly ~ Faciliti~, subj<t to S~.'2.6.26.
Us~ ~g~ to P~itted Us~:
~-. 1. Urns ~d stmc~r~ that a~ aee~ ~d incidental to uses pc~itted as of right in the
2. Privato ~at ho~ ~'d d~ks, subj<t to S~. 2.6.21.
~ ' 3. ~:~ (I) gust ho~, subj<t to S~. 2.6.14.
4. R{~tional faciliti~ that ~ ~ integ~i part ora residential development and have
~en d~ignat~, ~view~ ~d appmv~ on a site development plan or subdivision master
phm for that development. R<r~tional facilities may include but are not limited to golf
coup, ciubhou~, co--unity center building and tennis facilities, parks, playgrounds
~d playfields.
2-13 October JO. 1991
Zon!nz Dl~trfcu. Permitted Lt,.es, Comtifl~nal Uses, Dtme~fonal Stn~a~
~~ ~e following u~ a~ ~r~ible ~ conditional u~ in thc ~idcnfial single
*~'~ ~ ' fa~ly dis~c~ (RS~, subj~ ~o the s~ ~d p~ur~ ~blish~ in Div. 2.7.4.
..= *. 1. Non~o~i~ ~t la,chug faciliti~, ~d multiple ~k facility.
2. ~u~h~ ~d ho~ of wo~ip.
~. Sch~Is, ~blic ~d P~v~le.
'~ . 4. ~ld ~ ~nte~
,~;;,~ ,~,.,~... 5. Cl~ter ho~ing, subj~t to S~. 2.6.27.
6, Golf ~u~.
7. Group ~ F~iliti~ (~tego~. I ~d II); Ca~ Uni~; ~d Nu~ind Ho~;
. . mbj~t to ~. 2.6.26.
' ~ional S~Or~. ~e ~oilow ng di~nsional s~s shall apply to all ~tt~,
~, ~d ~nditional ~ ~ ~e ~ ~idential single fa~ly distHc~ (RSF).
M~im~ ~itv.
1. RSF-I: ~e (I) ~t for ~h gm~
2. RSF-2: Two (2) ~ for ~h gm~ ~m .'
3. R~F-3: ~ (3) ~i~ for ~h gm~ ,c~
~,~: .' ,~' ~, RSF4: Four (4) ~ for ~ch gm~ ~c~
~. RSF-5: Fivo (5) ~ for ~ch gm~ sc~
~. RSF~: Six (6) ~i~ for ~ch gm~ ~c~
;;, ·. Ac~ ~imum d~ity shall ~ dete~ ~ough the appli~tion of the Densily Ral~g System
~blish~ ~ ~ ~llier ~ty Gm~ M~agement PI~, not 1o exc~ tho a~ve s~ifi~
d~ity for ~ch dist~ct.
~?.:..: I, RSF-I: 43,5~ ~. fl.
?~ ):.: ' ~ RSF~: 7,5~ ~. fl.
'~ :':':" 5. RSF 5~: 6,~ ~. ~.
~~t Width.
~7. 1, RSP-I: 150 R.
:~ '~' 2, ~F-2: 120 R.
~te~or ~ - 80
4. RSF~: Comer ~ - 75
~.,:.:. · ~, RSF 5&6: Comer ~ - 70
~'~::: ~tefior ~ - 60
~ 2-14 Ocwbtr
· ~i~ " ~ronlolg DlstHct~t ~)ermltte¢l tlsest Conditional U~es~ Dlme~lanal .Ttamlan~s
~inim~ Yard Reaui~en~.
1. ' ~nt Yard.
RSF-I: 50 fi.
RSF-2: 40 fi.
RSF-3: 30 ~.
~... ::~ RSF~: ~ fl.
,.'..- ~ RSF-S&6: ~ fi.
~ide Ya~.
RSF-I: 30 ~.
RSF-2: 20 ~.
~ RSF-3: 7.5 ~.
';' RSF~: 7.5 ~.
RSF-5&6: 7.5 ~. "
'.' 3, ~r Ya~.
' '? RSF-2: 30 ~.
~?~ . RSF-3: ~ ~.
RSF~: ~ ~.
RSF-S&6: 20 ~.
4. ~~ Stmc~re ya~. S~ S~. 2.6.2.
1. Principal stmcm~. ~iay-five f~t (35').
":' 2. A~c~ Stmctu~s. Twenty f~t (20').
~a~4.6 ' M[~ ~r A~.
~e Sto~ TWo Storx
,:,~.. RSF-I&2 15~ ~, fi, 18~
~' ' RSF-3 I~ ~, ~, 12~ sq. ft.
'~:.... RSF~ 8~ ~, ~, 12~ ~, ft,
~.~ .,. . RSF-S&6 6~ ~, ~,
M~im~ ~t Cove~e, [RESERVED]
Minlm~ Q~-St~t ~rkln~. As r~uir~ ip Div, 2.3.
~er ~ 2-Ii October 30. 1991
~:.;"':
~onlnl ~t~ttrfct~. Permitted t/sCS, ¢onditfr2nal Uses, ~lm~tonal $tanda~
~ ~ ~ui~ in Div:2 2.4.
~: ~ ~ui~ ~ Div. 2.5.
~E~IAL ~TI-~A~Y~ DI~RI~ ~MF~.
2'.2~5.1 ~e nnd Intent. ~e pu~ ~d intent of the R~idential Multiple Fa~ly~ District (RMF-
6) is to provide for existing mn~ 1~ for single fa~iy, two-fa~ly ~d multi-fa~ly r~idenc~
~v~g a low profile silhouette, su~d~ by o~n ~ac% ~ing ~ situat~ that it is I~at~ in
clo~ pmxi~ty to public ~d co~o:ial ~ic~ ~d h~ dir~t or convenient acc~s to
~d a~efi~ ~ on the Co~ty ~j,)r ~ad ne~ork.
Under ~e p~vio~ Collier Co~ty Z.)~ng C~e, the ~F~ district provid~ for ~ additional
district ~ dist~ish density levels fur ~e ~F district. Under this C~e, it is dett~n~
~ in ~e ~t ~te~t of the citi~ns of Collier County to no longer ~e that distinction. To
elimlna~ ~e ~F~ district, however, would ~ult in a numar of nonconfo~ti~ ~d ca~
ha~p. ~e~fo~, it is intend~ ~at existing RMF~ ~n~ I~ds ~ allow~ to ~in
~nfo~g ~, but that no ~er l~ds ~ ~n~ to RMF~ after the eff~tive
~". - C~e.
~e ~F~ District co~n~, to ~d imple~n~ ~e Urb~ Mix~ U~ l~d ~ d~i~ation
on ~e Fum~ ~d U~ Map of ~e Collier Co~ty G~h M~ag~nt PI~. ~e ~imum
d~ity ~ible ~ ~e ~F~ District ~d the U~ Mix~ U~ l~d ~ d~i~ation shall
~id~, ~ p~, by the D~ity Rat~g System ~n~ in the Fu~ ~d U~ Element of
G~ M~age~nt PI~. ~o ~imum density ~ible or ~tt~ in this district shall
not ex~l ~e d~ity ~iblo ~der ~e Density Rating System.
' .~2.S.~ ~itt~ Us~. ~e follo~g u~ a~ ~tt~ ~ of ~8ht, or ~ u~ acc~ to ~tt~
~, ~ ~o ~F~ district.
~itt~ Us~:
;'
1. S~gl~fa~ly dwell~gs..
2. ~plex~.
3. Multiple f~ly d~ll~gs.
4. F~ly ~ Faciliti~, ~bj~t to S~.. 2.6.26.
U~ A~o~ to ~itt~ U~:
~:'~c: 1. U~ ~d stmcm~ ~t am ~ ~d inciden~l to u~ ~ttM ~ of'right in the
R~F~ district.
· 2. Pfiva~ ~t ho~ ~d d~ks, ~bj~t to S~. 2:6.21.
3. R~tional faciliti~ ~at ~e.~ ~ ~teg~l pa~ of a r~idential development ~d have
b~n d~i~at~, gview~ ~d approv~ on a site development plan or su~livision ~ter
pl~ for that development. R~r~tioa facilifi~ ~y include but are not li~ted to golf
· ~u~, clubho~, co~ty ~nter building ~d te~is facilities, Parks, playgrounds
C~ ~ 2-16 October 30. 1~!
~~: ~e following u~ are pe~issib~e as conditional uses in ~he RM F-6 d~srric~,
subj~t to the s~s ~d procures ~blish~ in Div. 2.7.4:
' ~'";~ 2. Sch~ls, Public ~d Private.
~*: '* 5. R~tional facilifi~ not a~ ~o principal use.
~'~ 6, Group ~ faeilRi~ (Catego~ I ~d II); Care Units; Nursing Homes; subj~t ~o S~.
7. Non~e~ial ~at launch~ ~g faciliti~.
:~. : 8. Cl~ter Housing, subj~t to Stc. 2.6.27.
?~,2~.5.4 ~io~l S~ndar~. ~e following dimensional s~dards shall apply ~o all pe~lted,
~, :; a~, ~d conditional u~ in the ~F4 district.
~.4.1 Minim~ l~t A~: 7,260 ~ f~t for ~ch dwelling unit.
4.2 ~inim~ !~t Width: 1~ f~t.
Minim~ Yard Reaui~en~:
1. Fmnt Ya~: ~iay-Fiv~ (35) f~t.
M~im~ Hdiht of Stmctu~:
1. Pfineioal Stmc~s: ~ (3) habitable stories.
'~.4.$ ~ M~ ~itv: Ac~l ~imum density shall ~ dete~in~ through application of the
~', ~ Density Rating System ~blish~ in the Collier County Growth M~agement PI~, not to exc~
six (6) dwelling ~i~ ~r acm.
,4.6 Dis~nc~ ~n St~cturm: ~e dis~ee ~tw~n ~y two (2) principal structures on the
:,,.: pa~l shall ~ thifly f~t (30'), or a dis~ce ~ual to one-half (1/2) the sum of their heights,
w~chever is g~ter. For aec~ structure yards, s~ S~. 2.6.2.
2.2.5.4,7 De~elooment S~ndar~ for Non-Confo~inR Lots of R~ord: ~e following development
. s~ for non~onfo~ng lots of ~ord in the RMF4 district shall be the exclusive exception
to development s~rds in the RMF~ district available lo such lots. No other variance, waiver.
exemption or other exception to the RMF4 district development st~dards for lot ar~ or density
shall ~ ~tt~.
I. Single-family dwellings, in confo~nce with the development standards of the RSF-6
district.
~onlng Dl.~trlco, ~crmitted tlse.~, Comtitional ~1.~.~ Dime~inn~l
2. Multi-fa~ly dwellings, in confo~ce with ~hc development s~ndards of ~he
'~ dist~cR except nonconforming Io~ of ~ord nc~ 6,~ square f~t for ~ch dwelling
7,' ' unit ~ the ~nimum lot ar~; ~d ~her providing that when calculating the density on
,., th~ non~onfo~ing Io~, a f~ctional unit of .50 or grater of a unit shall entitle
,~ appli~t to ~ additional unit.
4.~ Minim~ ~r A~: 750 sq~ f~t.
;.~9 ~ff-St~t ~rki~: As ~ui~ in Div. 2.3.
~: As ~ui~ in Div. 2.4.
L~ll ~: As ~lui~ in Div, 2.5.
~C. 2.2.6 ~E~IAL ~TI~E FAMILY-12 DI~RICT (RMF-12).
~ and Intmt. ~o pu~ ~d intent of tho R~idential Multiple Felly-12 District
,~!' '~? '~ (~F-12) is to provide !~ for multiple fa~ly ~idenc~ having a mid-fi~ profil~, gene~lly
?~' ~dM by lower stmc~ ~d o~n space, I~atM in clo~ proxi~ty to public ~d
co~e~ial ~:~ic~, ~th di~t or cofivenient acc~ to coll~tor ~d aae~al roads on the County
~..'.., ~jor ~ m:~ork. Govemmen~l, ~ial. ~d institutional I~d u~s that ~e t~ i~iate
n~s of the multiple fa~ly ~idenc~ are ~ttM ~ conditional u~ ~ long ~ they pr~e
~d am compatible with lhe ~d-d~ multipl~ family character of th~ dislrict. ~e RM F- 12 dist~ct
co~n~ to ~d imple~nts the Urb~ Mix~ U~ I~d u~ d~ignalion on the Future ~d U~
.~ Map of the Collier County Gm~ M~agement Pl~. ~e ~ximum density ~ible in the
~F-12 District ~d ~e Urb~ Mix~ U~ I~d ~ d~ignation shall ~ guidM, in pa~. by the
Density Rating System con~in~ in the Futum ~d U~ Element of the Collier County Growth
- ~ M~agement PI~. ~e ~imum density ~issible or pe~tted in the RMF-12 district shall
not exc~ ~e density ~ible under th~ Density Rating System.
' 2.2.~.2 Pe~itt~ Us~. ~e following u~s are ~tt~ ~ of right, or ~ uses acc~so~ lo pe~itt~
~,.." ~, in ~e R~id~lial Multiple Felly- 12 District (RMF- 12).
2.2.~.2.1 P~ilt~ U~:
.%:~ .,. 1. Multiple felly dwellings.
~';';: .,, 2. To~o~.
' :~'~ ~'~ 3. Duple~.
' -"' 4. S~gl~ fa~ly dwelling ~i~ for existing nonconib~ng lots.
"" 5. Felly ~ F~iliti~, subj~t to S~. 2.6.26.
.U~ A~. To P~itt~ Us~:
,,~.;' ,'.~ ' ., 1. U~ and stmc~r~ that are acc~ ~d incidenal to uses ~r~tted as of right in the
~"" '- RMF- 12 district.
· "' 2. .Pdvato ~at hou~ ~d d~ks, subj~t lo S~. 2.6.21.
ffi 049 123'
'~r ~ 2-18 October 30. 1991
~ ~"~ ~"'"'~ 7~onlnR ~)lstrtc~, Permitted Use:a Condlrlonal U:es~ Dlmer~onai Standardt
· . 3. Recreational facilities that serve as an integral part of a residential development and have
,. ......... i: · 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
court;e, clubhouse, community center building and tennis facilities, parks, playgrounds
, ~; and playfields.
'.: ::i '.
~7,9.X1~. The following uses ar~ permissible as conditional uses in the Residential
~ :.'." Multiple Family-12 Dis!tier (RMF-12), subject to the standards and procedures established in Div.
2.7.4:
:'"";'"' ' 1. Child care centers.
2. Churches and house~ of worn ~ip.
3; Ci~'i,.' and cultural facilities.
.::~, 4. Non-commercial boat launching facilities.
5. Schcnals, Public and Private.
6. Cjuster housing, subject to Sec. 2.6.27.
7. Group Cam Facilities, (Category I and II); Care Units; and Nursing Homes, subject to
Sec. 2.6.26.
~ 2.2.6.4 Dimensi6nal Standards. The following dimensional standards shall apply to all I~rmitted'~
"" =_.cce~sory, and conditional uses in the Residential Multiple Family -12 District (RMF-' 12).
".:~'2.S.4'1 ]~Jllitnlim.L, ot Area. One (l) acre.
.4.2 Minimum Lot Width. One hundred and fifty feet (150').
v~2.2.1.43 Minimum Y~rd Reouirements. Thirty feet (30') with one foot (1') of additional setback for each
, ~,.: '"~ one foot (1') of height over 35 feet (35').
Maximum Heinht, FiRy feet (50').
~.2,2,6;4,$ Maximum Density, Actual maximum density shall be determined through application of the
· Density Rating System e/;ta.blished in the Collier County Growth Management'Plan, not to exceed
twelve (12) ~mits for each gross acre.
;. 2.2.6.4.6 Distance BeCw~ Structures. Th,: dis'tance between any two '(2) principal structures on the same
c.,.~ · parcel shall be fifteen feet (15') or a distance equal to one-half (1/2) the sum of their heights, .
whichever is greater. For accessory structure yards, see Sec. 2.6.2.
2.2.6.4.7 Minimum Floor Area. Efficiency - four hundred and fifty (450) square feet; one bedroom- six
hundred (600) square feet; two or more bedrooms - Seven hundred and fifty (750) square feet.
'' 2.2.6.~S. 8 Maximum I.,ot Covet'nee. [RESERVED]
.'-.!?!7.i 2;2.6.4.9 Minimum ()fi-street Parking. As required in Div. 2.3.
~ l..~d D~',tol~r~.~ Cod,
i;; : ·
Zoning ~lttrlcts, Pcrrnttted U. rCs, Corulitional risesI Dimenstnnnl .Ytandards
.6.$ · : ~ Aa required in Div. 2.5. '
~. 2.2.7 RESIDE~IAL M~TIPLE FAMILY-16 DI~RICT [RMF-16L
7.1 ~s~ and lntenL ~ pu~s~ ~d intent of th~ Residential Multipl~ Family- 16 District
; .:'..' (RMF-16) is to provide lands for m~ium to high density multipl~ family residences, generally
~::. su~und~ by o~n space, I~at~l in clo~ proximity to public ~d commc~ial schick, with
di~t or convenient acc~s to a~cdal ~d collator roads on tho County major road network.
Govemmenhd, s~ial, ~d institutional I~d u~ that se~o tho imm~ialo n~s of tho multiple
fa~lY r~idenc~ a~ ~tt~ ~ conditional u~ ~ Io~ ~ they prese~ ~d are compatible
wi~ ~ m~ium to high density multiI,l~ fa~ly chancier of the District. ~e (RMF- 16) District
co~nds to ~d implements th~ Uti ~ Mix~ Use l~d use designation on the Future ~d Use
Map of the Collier County Growth M. ~agement'Pl~. ~e ~ximum density pe~issible in Ih~
RMF-16 District ~d th~ Urb~ Mix~ Use l~d use d~ignation shall be guid~, in paS, by the
Density Rating System conmin~ in th~ Fumr~ ~d Use Element of the Collier County Growth
M~agement PI~. ~e ~imum density ~ible or ~itt~ in a district shall not exc~
the density pe~ible under th~ Density Rating System.
2,2.7.2 Pe~itt~ Us~. ~e following u~ are ~tt~ ~ of right, or as uses accessory to ~itt~
.. ~, in ~e R~idential Multiple Fa~Jy- 16 District (RMF- 16).
2.2.7.2.1 P~itted U~:
~.:~:. ? 1. Multiple fa~ly dwellings.
~ ~ '. '~' 2. To~o~.
3. Fa~ly ~ Faeiliti~, Subj~t to S~. 2.6.26.
U~ Ac~o~ to Pe~itt~ Us~.
.-~:~:',~'~ -.1. U~s ~d st~c~, that a~ a~ ~d inciden~l ~ us~ pe~tt~ ~ of ~ght in the
RMF- 16 district.
2. Private ~at ho~ ~d d~, subj~t to S~. 2.6.21.
3. R~r~tional faciliti~ that ~e ~ ~ integral pa~ of a r~idential development ~d have
~ d~i~atM. ~viewM ~d approvM on a site d~elopment pl~ or su~ivision ~ter
pl~ for ~at development. R~r~tional faciliti~ ~y include but are not li~t~ to golf
coup, Clubhou~, co--unity center building ~d te~is faciliti~, parks, playgrounds
~d playfields.
following u~ are ~ssible as conditional u~ in the R~idential
2.2.7.3
Condilio~l
Us~.
Multiple Fa~ly-16 Dist~ct (RMF-~), subj~t to the st~dards ~d proc~ures ~s~blished in Div.
2.7.4:
' 1. ~ild ~re centem.
· ..:.' 2. ~u~h~ ~d ho~ of wo~hip.
3. Civic ~d cultural faciliti~.
4. Non~o~ial ~at launching faciliti~.
' ~ 5. 'Sch,~Is, ~blic ~d Private. _
2.20 October 30. I~1
,~ D~e~ C~e
: ~ ~ .
' .,~.c.'?, 6. Ci~;ter ho~ing, subj~t to S~. 2.6.27.
7, Group Ca~ Facility, (Calego~ I ~d II); Care Units; Nursing Hom~, subj~t to S~.
~. 2.6.26.
D~io~l S~ndar~. ~o following dimensional s~rds shall apply to all
a~, ~d conditional u~ in ~ho R~idemiai Multiple Family- 16 Disl~ct (RMF- 16).
.. ~.~ ~
;2&~{~l ~i~ Lot A~. ~ (I) ,c~.
~.7.~2 ~in~ L0~ Width. ~a h~d~ ~d ~y f~t (150').
~4~3 ~i~d R~ui~en~. ~in!' Fiv~ f~t (35'), pl~ on~ f~t (1') for ~ch f~t over ~y
?' ' .'. f~ (50') ~ h~i~t.
M~ ~deht. Seventy five f~ (' ~'5').
7.~5 ~im~ ~itv, Ac~l ~imum de~ity shall ~ dete~n~ through appli~tion of
~. ~i~ Rat~g System ~blish~ in ~e Collier County Growth M~agement PI~, not to exc~
s~ (16) dwell~g ~ for ~ch acm.
~.7.4.6 ~ ~W~ ~t~ct~. ~e dis~ ~n my ~o (2) p6ncipal stmcmr~ on thc
~1 s~i ~ fifl~n f~ (15'), or a dis~ ~1 to on~-half (1/2) the sum of their height,
w~chever is g~ter. For a~ stmcm~ yards, ~ S~. 2.6.2.
2.2.7.4.7 Min~ H~r A~. Effici~cy - four h~d~ ~d fifty (450) ~re f~t; one ~r~m - six
h~d~ (~) ~ f~t; ~o or ~ ~ - Seven hund~ ~d fi~y (750) ~ f~t.
.7.&~ ~n~ OffSet ~rki~. ~ ~ui~ h Div. 2.3.
~, ~ ~ui~ h Div. 2.4.
2~.7.S ~ ~ ~ ~ui~ h'Div. 2.5.
2.2.~ ~E~IAL TO~I~ D]~RICT ~T).
~ ":~.$.1 ~ and Intent. ~e pu~ ~d h~t of the R~idential Tourist District (R~ is to provide
1~ for tourist ~~tio~ ~d supra faciliti~, ~d multiple felly u~.' ~e (R~
Digtget ~n~ ~ ~d implemena the Urb~ Mix~ Use District ~d the Activity Center -
. Dist~et ~ ~e Urb~ D~i~at~ A~ on ~e Fum~ ~d U~ Map of the Collier County Gro~h
M~age~nt PI~.
2.2.8.2 P~itt~ Us~ ~e following u~ a~ ~tt~ ~ of Nght, or ~ u~ acc~ to ~tt~
~, h.~e R~id~tial Toudst District (R~.
~ ~ 2.21 (~tober JO. I~!
~ntng ~)t{tr~ctt, ~ermtned U, et, Condlt~tmal tJset, ~)tmcrtttonat Standard,
i.2.~.2.1 Permtttt~l Uses:
1.' Hotels and motels.
Multiple family dwellings.
3. Family Cam Facilities, subject to Sec. 2.6.26.
,2-2.8.2.2 Usm Acce~or? To Perrniited Use/.
.... 1. Use~ and structur~ t~t are ~..essory and incidental to the uses permitted as of right in
tho CRT) District.
'~ 2. Shops, personal service e~ ~blishments, eating or drinking establishments, dancing and
~taged enter~inment faciliL~s, and meeting rooms and auditoriums where such uses are
m~t integral p~rt ora hotel or- motel and to be used by the patrons of the hotel/motel.
3. Private boat houses and docks, subject to Sec. 2.6.21.
4. Recr,ational facilities that serve as an integral par~ of the permitted use designated on a
site development plan or subdivision master plan 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.
2.2.83 .Q.O.~liJi.O. ll~ The following uses ar~ permitted as conditional uses in the Residential Toufi..st
District (RT), subject to the standards and procedures established in Div. 2.7.4:
1. Churches and other places .of worship. \
2. Marinas.
3. Non-commercial boat launching facilities.
4. Group Car~ Facilities, (Category I and ID; Care Units; Nursing Homes, subject to
Sec. 2.6.26.
S. Private Clubs.
6. Yacht Clubs.
7. Permitted uses not to exceed 125 feet in height.
'° ' 2.2.$.4 Dimensional Standards. Tho following dimeasional standards shall apply to all permitted,
:' ~ry, and conditional uses in the Residential Tourist District (RT).
· 2.2.8.4.1 Minimum Lot Area. One (1) acrs.
.~,': 2.2.8.4.2 Minimum Lot Width. One htmdr~d and fifty feet (150').
.1.1.8.43 Minimum Yard Rc~JuiremenB. Fifty-five (55 %) percent of the building height with a minimum
:':' ' of tw~ty (20') f,~t.
;: 2.2.8.4.4 Maximum Hdnht. Ten (I0) stodes or one hundred (100) feet, whichever is greater.
2.2.8.4.5 . Maximum Densltv P~a'mitted, A maximum of twenty six (26) units per acre for hotels and.
motels, and sixteen (16) units per acre for time shares and' multi-family when located within an
Activity Center or if the RT zoning was in existence at the time of adoption of this Code. When
located outside an Activity Center, except as provided above, the density shall be determined
m 049'
Collier County 2.22 October JO. 1991
'~'"' through application of the Density Rating System established in thc Collier County Growth
" ;~: , Management Plan, but shall not exceed sixteen (16) units per acre.
'~ 2.2.8.4.6 Distance Between Structures. Between any two (2) principal buildings on the ,same parcel of
'; 7' land, ther~ shall b~ provided a distance equal to fifteen feet (15') or one-half (I/2) of the sum of
their heights, whichever is greater. For acce&~ory structure yards, see Sec. 2.6.2.
2.2.8.4.7 Floor Area Re~ulrement$,
~:.~, 2.2.8.4.'~.I Five hundred (500) squar~ foot mir imum for time shar~ facilities. Requirements for multiple
~?. family, efficiency - four hundred fifty (450) square feet; i bedroom - six hundred (600') square.
feet; 2 bedroom or more - seven hun.lred fifty (750) square feet.
2.2.8.4.7.2 Thre~ hundred (300) squar~ foot minimum with a five hundred (500) square foot maximum for
hotels and motels, except that twenty percent (20%) of the total units may be utilized for suites.
· 2.2.8.4.8 ~Ianimum Lot Coverage, [RESERVED]
· 2.2.8.4.9 Qff-Street Parkirt~ and Off-Street Loa~lin~. As required in Div. 2.3.
2.2.$~4.10 Landscapir~ Requirements. As required in Div. 2.4.
2.2.8.i. ~ As required in Div. 2.5.
' SEC. 2.2.9 VILLAGE RESIDENTIAL DISTRICT iVR).
2.2.9.1 ~aur~ose and Intent. The purpose and intent of the Village Residential District (VR) is to provide
lands where a mixtur~ of r~aidential uses may exist. Additionally, uses are located and designed
to maintain the village residential character of the VR District. The VR District corresponds to
and implements the Mixed R~idential land us~ designation on the lmmokalee Future Land Use
Map of the Collier County Growth Management Plan. it is intended for application in those Urban
areas outside of the Coastal Urban Area designated on the Future Land Use Map of the Collier
County Growth Management Plan. The maximum density permissible in the Village Residential
.. 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 Elemen. t of the Collier C6unty Growth
Management Plan..The maximum density permissible or permitted in a district shall not exceed
the density permissible under the Density Rating System or as designated on the lmmokalee Future -
Land Use Map of the Growth Management Plan.
· 2.2.9.2 Permitted Uses. The following uses are permitted as of right, or as uses accessory to permitted
uses, in the Village Residential District (VR).
pennltted Uses:
~ 1. Single-family dwellings.
2. Duplexes.
'. 3, Multiple family dwellings, n
0'49 128'
Oct',her $0. 1991
D~wtOl~ent Code
~ ~ ~'dMofl 2. 2 ~'mlnlt Dtstr~ct$, Permitted thcs, Candirlnnal rises, DtmenMonal Standards
4. Mobile homea.
, :' $. Family Cam Faciliti~, subjo:t to Soc. 2.6.26.'
1. U~ ~d stmctur~ that ar~ ~ ~d inci~en~l to the u~ ~itt~ ~ of ~ght
· e VR Dist~ct.
2. Pfiva~ ~at ho~ ~d d~ks, ~bj~t to S~.2.6.21.
3. R~r~tionai f~iliti~ t~t ~e ~ ~ integ~l pa~ of a r~idential development ~d have
~n d~i~atM, ~vi~ ~d approv~ on a site development pl~ or su~ivislon ~ter
pl~ for that develop~nt. R ~tional faciliti~ ~y include but are not li~t~ to golf.
~u~, clubho~, co--un ~y ~nter building ~d te~is faciliti~, parks, playgrounds
: . ~d playfiel~. .
'~' 4. Stooge, repair ~d ~intena~ ar~ ~d structures for fishing ~d fa~ng ~uipment,
when u~ by the r~idents of the ~tt~ u~.
2.2.9.3 Condi~o~ U~. ~e following ~ a~ ~ible ~ conditional ~ in the Village
R~idential Dist~ct (VR), subj~t to the s~rds ~d pr~ures es~blish~ in Div. 2.7.4:
3. ~u~h~ ~d other ho~ of wo~p.
:/~'~ . 5. Cl~r ho~ing, aubj~t to S~. 2.6.27.
.: 8. Group ~ F~iliti~, (~teg0~ I ~d II); Care Units; Nursing Hom~, subj~t to
'2~.9,4 D~emio~l S~n~r~. ~ following di~nsional s~r~n shall apply to all ~tt~,
~:' ~, ~d conditio~ ~ in ~e Village R~idential District (VR).
F~i tv Nut t tot e
O~ettt~ & ~te~ ~ Accessory Co~ttonat
~ ~e ~ p~et t ina Oses Uses
,,'~,, ~r~- 6,000 10,000 1 acre n/a 1 acre
sq. ft. sq. ft.
gi~h. ~ feet 100 feet 150 feet n/a 100 feet
t.
~:':?'" Fr~t Ve~ 20 feet 35 feet 35 feet .Sec. 2.6.2 35 feet
SI~ ~e~. 5 feet 15 feet 15 feet Sec. 2.6.2 15 feet
R~r ~ 20 feet 30 feet 30 feet Sec. 2.6.2 30 feet
~er ~ 2-24 October JO.
~ ~.~ ~ofllo~ D~.~lrlct~. Permitted IJ~e#. Conditional (]~e~. Dimensional Standar~
$. pMx Ileggh~. 30 fe~t 30 feet 35 feet 35 fee~
~0 feet
5. '~ As ~teml~ ~ the D~lty
Use ~lp estibtish~ tn the CoLLier
C~ty Gr~th H~g~t PLan, ~t to n/a .
exce~ 16 ~JCS for eich icrc.
60 ~ls~e
st~t~, fl/a n/a 3/2 s~ of
the
[RESER~D]
~g [RESER~D]
9. ~f-St~t Pl~fm ~L~I~, Al r~lr~ In Div. 2,3.
10. ~~. As r~fr~ lA DIv. 2.~.
~.~.~ ~ ~ ~ui~ ~ ~,
~C. 2.2.10 MOB~E HO~ DI~I~ ~.
:2.2.10,1 ~ ~d ln~t. ~e pu~ ~d ~t of ~o Mobile Home District (MH) is t~ provide
~ f~ mbile ho~ ~t ~m ~ey ~ ~i$~t ~d ~atible ~ su~d~g ~d.~.
~ MH District ~n~ ~ ~d implc~ ~e Ur~ Mix~ U~ I~d
&o Fumm ~d U~ M~p of ~o ~llier Cowry Gm~ M~agemcnt PI~. ~o ~imum
d~ity ~iblo ~ ~o Mobile Ho~ District ~d ~e Urb~ Mix~ U~ I~d ~ d~i~ation
s~ll ~ ~id~, ~ pa~, by ~e D~ity ~t~g Sys~m ~n~ ~ ~e Fum~ ~d U~ Element
of ~e ~liier ~unty Gm~ M~age~t PI~. ~e ~imum density ~ible or
~ · district shall not ex~ the dc~ity ~ible under the De~ity Rating System or
id~tifi~ in the I~kal~ Fu~ ~d U~ Map of thc Gro~h ~agement Pl~.
2~.10.2 ~ii[~ U~. ~o foll~ng ~ a~ ~tt~ u of the fight, or ~ ~ acc~ to
~ ~, ~ tho Mobilo Ho~ District (MH).
1. Mobila Ho~.
~ 2.2. I0.2.2 U~ A~m~ To P~itt~ U~.
I. U~ ~d stmc~ c~fily ~i~t~ with mobile :'.'me development, such
~st~tion buildings, mmi~ buildings, utilities. ::OHS which complement
~ilo ho~.
2. Pfiw~ ~! ho~ ~d d~, ~bj~l ~o 8~. 2.6.21.
3. R~ti~ f~iliti~ ~t ~e u ~ ~teg~! pa~ of a ~idcntial development ~d have
~n d~i~at~, ~vi~ ~d app~v~ on a site development pl~ or su~ivision ~ter
pl~ for ~at develop~nt. R~tional faciliti~ ~y include but are not li~t~ to golf
~u~, clubho~, co~ity cent~ building ~d te~is facilities, parks, playgrounds
ffi g49 , 130
~er ~ 2-25 October ]0. I~I
md playficl~.
4. ~ (I) single f~ly dwelling in ~njunctio~ with the o~ration of the ~bile ho~
2~10J ~~ ~e foll~Mg ~ =m ~ible ~ conditional u~ in the Mobile Ho~
Di~fi~ (M~, ~bj~t to ~e ~ ~d p~um ~bli~ in Di~. 2.7.4:
1. ~ild ~ ~.
2. ~u<h~ ~d ho~ of wo~ip. '
3. Civic ~d culm~l f<ilifi~.
~i0.4 ~m~i0~ S~r~- ~ foll~n~ di~io~ s~Or~ s~ll spply m all ~tt~,
~. ~d ~ditio~ ~ M'~e Mobile Ho~ District {M~.
2.2.10.4.1 ~~ Six chord (6,~) ~re f~t. ~y legally platt~ ~bile ho~ lot or
~y legally existing ~bile ho~ lot l~tM ~t~n a ~bile home ~n~l pa~ ~fo~ the eff~tive
~e of ~s ~e ~d not ~nfo~g to the lot a~ s~rds of this C~c shall
a ~fo~g lot.
;"~;"2~10.4~.12 ,~',. Front yn~ T~y fiv~ f~ (~'), ex~ wh~ ~j*~nt to public m~'exte~l to the
-.' ~m of ~e'pmj~t, fifty f~ (50').
2~10.4~.2 ~de Y~d~ ~vm ~d on.If f~ ~,~'), ex.pt when ~acent to public ro~ external to
~ of ~e p~j<t, fifty f~t (50').
2~1~.4~ R~ Yn~. Tm f~t (10'), exit whm ~ja~t to public m~ external to ~e ~ of the
~fi~ of ~e pmj~t, fifty f~t (50').
2.2.10.4.~1 ~ ~iny f~ (30').
U~ A~ To ~it{~ U~. T~ty f~ (20').
~.~.10,4.5 ~ M~imum d~ity ~11 ~ dcte~in~ 'h~"lication of ~e De. icy
~.~ ~g System m~bllsh~ by ~e Collier County Groa
~2.10;4.6 M~im~ ~t Corse. [R~ERVED]
2.2. I0.4.7 ~n~m Off-S[~ ~rkin~. As r~uir~ in Div. 2.3.
2~i. I0~4.8 ~n~oi~ R~ui~U, ~r~uir~in Div. 2.4.
C~r ~ 2-26
~ D~ ~ ' October ~0. 1~1
~elo~ for ~mli~l pu~ wi~in lbo ~bile h~ renal p~rk site:
1.~ h~ (3~) ~m f~ for ~ch lot, for the fi~t one hundr~ (1~) Io~.
Two hund~ (2~) ~ f~ for'~h lot in exc~ of one hundr~ (1~) Io~.
3. ~e-~lf (1~) of ~e ~r ~rf~ ~in ~e park ~y ~ c~it~ toward the r~uir~
~tion a~, exit ~at at l~t fi~y ~ent'(50%) of the r~uir~ ~r~tion ar~
s~ll ~ l~d a~.
~10.$ ~ ~ ~ui~ in Div. 2.5.
2~10.~ R~~ and S~n~ for 'Hu~ Shelte~: All new, or existing ~bile ho~
m~ivisi~ ~ the p~ of ex~d~i, which am 26 uni~ or larger in si~ ~d are I~atM in
~lo~ I, 2 ~d 3 hu~e ~Inenbilily ~n~ ~ s~i~ in the cu~enl National ~ic ~d
At~he~ Ad~nistntion's S~o~ Surlo ~el (SLOSH) shall ~ r~ui~ to provide
M~mum ~el~r ~i~ ~ a (~.~.) x b x c (~i~) x d (%)
Example: ~ ~. ~ x 1.'/5 x ~i~ x 50%
:.~.:, . a - ~e ~ ~pmv~ for ~o~-te~ ~el~r by ~e A~d~ R~ Cro~ for sl~p~g ~
b - ~e ~u~cy n~ of ~b ~bile ho~ or unit.
c - ~e ~o~1 numar of Io~ ~ the ~ivision.
d - ~e avenge ~pulation n~ ~upy~g the su~ivision during the June through Novem~r
ti~
2.2.10.~.2 ~: ~z ahel~r $~Ii ~ eleva~' to a ~nimum height ~l to, or a~ve, womt
~ ~tego~ 3 fl~ing level (+ 16 f~t a~ve MSL) ulilifing the cu~ent National ~ic ~d
At~hedc Ad~st~tion 5to~ 5urg~ M~el "SLOSH" (S~, ~e ~d Overfed Surg~ from .
HuM~).
2.2.10.6.3 ~dt~ Com{~tlon: ~e d~ign ~d const~ction of the r~uir~ sheltem shall ~ guid~ by the
~d i~ appli~ to buildings ~d stmc~ d~i~at~ ~ "E~ntial Faciliti~' in the S~rd,
'Build~g ~d1'988 ~ition, Table 1205.
2.~10.6.4 Sdditio~l R~ui~: All $~elte~ shall p~vide the following:
1. ~tz gl~ p~t~tlon by shutte~ or ~ar~.
' ' 2. ~uip~nt for ~te ¢~rgency ~wer.
3, ad~te ventilation.
" 04'9 132
~tr ~ 2.27 October JO, 1~1
~nlnt DlttHctt. permitted Ilsez, C'omlit~,nnt rises, Dimensional Stn~lards
5. ~tabl~ water stong~ at Ihe rate of 10 gal./unil divid~ by 2
6. kitchen faciliti~ o~nt~ by natural or L.P. g~.
7.~ilcts ~d showers at the minimum ra~ of on~ ~xture for every foay unila divid~
2.
8. a ~nimum I~ ~re f~t i~k~.sto~ge r~m.
9. ~a~te r~ that ~ ~ u~ for nu~ing ~d office/administration.
10. available y~r ~und.
11. have a shelter t~m t~in~ by Ihe R~ Cro~ Shelter Management Training Program,
provid~ by the park ~agc~nt, dcvclo~r. ~iation or other accep~ble ~y.
12. have th~ park ~age~nt confi~ the availability of a shelter t~m to th~ Emergency
M~age~t Dcpa~nt, E~rg~cy ~ic~ Division. pHor to June 1st of ~ch y~r.
13. a ~cnt exterior wall si~ si~ 2 f~t x 2 f~t to ~ I~at~ at the ~in
which shall identify the building ~ ~ emergency storm shelter. ~d capacity limim.
14. a telephone ~d batt~ o~t~ ~dio within the shelter.
15. a written agr~nt s~i~ing the u~ ora sheller ~nag~mcnt I~m and Ihe d~i~al~
e~rgcncy sto~ shelters shall ~ en~cr~ into with the Emerg¢ncy Management
Depaa~nL Division of E~rgency So,ices.
16. a Ceaificate of ~cup~:y ~hall ~ i~u~ for the emergency slo~ sheller ~forc
~up~cy of the ~cnty~sixth (26} unit is autho~. ~ shelter l~m shaU ~ fo~,
t~in~ ~d o~ntional ~fore a Ce~ifi~te of ~cupancy is issu~ for the shelter.
17. ~y r~uir~ shelter ~ ~ herein provid~ ~y ~ ~lly d~sign~ to inco~te the
a~ve r~uir~men~ ~d to ~e a double pu~s for th~ day-to~y n~s of mobile
ho~ park r~idcn~ ~ pa~ of the co--on ameniti~ regularly available Io park
r~idcn~.
~C, 2.2.11 ~A~LTRAILER -RECREATIONAL ~IilCLE CAMPGROUND DI~RICT ~RVC).
'2.2.11.1 ~ ~e provisions of t~ dialect are intend~ Io apply lo trailer lots for t~vel
tnile~, ~rk ~cl tnvel tnile~ ~d ~tional vehicle, not exc~ding 480 ~re f~t in gro~
fl~r a~. Such t~iler Io~ a~ intend~ Io a~o~lc travel l~ile~, park m~el travel t~ile~.
pick-up ~h~, ~lor ho~. ~d other vehicular accommodations which are sui~ble for
lem~n~ habi~tion, ~ for tnvel, vacation. ~d r~r~tional pu~s. Campsit~ are intend~
Io ~~te tem~ r~idency while camping, vacationing or r~r~ting. ~RVC vehicles
~y ~ ~cntly I~at~ on a lot; however, no ~n or ~r~ns ~y ~cupy ~id v~hicles
~ ~t plac~ of r~idcnce. ~ ~ximum density ~rmissible in lhe Travel 'Trailer-
R~ional Vehicle Campground District within the Urban Mixed U~ I~d u~ designation shall
~ ~idM, in pan, by the Density Rating System con~in~ in Ihe Future ~nd Use Element of
tho Collier County Gro~h M~agemenl Pl~. ~ ~ximum density ~rmissihl¢ or pc~lt~
a d'ist~ct shall no~ exc~ Ihe density ~ible under the Densily Raling System. ~e ~ximum ·
~lt~ dewily ~ible in lhe ~RVC Distdcl within thc Agricultural Rural Disl~c~ of
Fu~m ~d U~ Element shall ~ one u~it ~r five acres.
2.2.11.2 ~ ~ following u~ are ~tt~ ~ of right, or ~ u~s accessory Io ~itted
u~ in lhe Tnvel Tnilcr-R~tional Vehicle Campground District (~RVC).
~!. C~lller C. mmty 2.28
~ Dt'v~t~ment Codt ¢)ct,ber 30. 1991
Zoata,~ D~#tdcts. P(~nllted ~re:, ~ondit~onOI
' ' 1. .Travel t~il.~, park ~el t~vel I~ile~, pick-up ~h~, motor ho~ ~d other
~fio~l v~cl~.
~.11~.~ U~ A~ ~o P~itt~ U~.
~' 1. U~ ~d st~ ~l am ~ ~d ~ciden~l to the ~ ~tt~ ~ of fight in
'~ ~e ~VC District.
2. ~ (I) s~glo fl~ly dwell~g (not ~ ~VC ~il) ~ conjunclion ~th the o~mtion of
. 3. A~ ~ ~d st~cmr~ c~Hly ~ia~ with t~vel t~iler r~r~tional
v~clz p~, ~clud~g ~tion f~illti~, ~th ind~r ~d outd~r) ad~st~lion
~" ~ilding~, ~i~ bulldogs. ~cluding ba~r~, laundfi~ ~d si~lar ~ic~ for
~ ~id~ of ~e pa~, ~d ufiliti~.
4. A~ ~ ~d sl~ c~to~fily ~iat~ wi~h travel trailer r~r~tional
v~iclz Io~, ~clud~g:
(I) Encl~ utility/~go a~ of ~e ~me siding ~lefial ~d a~t~l style
~ ~at of ~o ~is~ ~tional vehicle, no~ to ex~ ~ sr~ of sixty (60)
~ f~t. ~y utilltylsto~go a~ shall ~ I~t~
a ~h is ~t~ m ~o v~iclz ~ he.in provide.
(2) A ~-~ ~h elevat~ or at ground level with a ~lid r~f st~cmre,
" a~hi~m~lly ~mpafiblo ~th i~ ~iat~ r~r~tion vehicle, not to exc~
~ ~ ~1 Io ~e a~ of ~e ~r~tional vehicle to which il is al~ch~. Said
~-~ ~h ~il p~vidz for ~y site utility/stooge spa~ ~ui~men~
~ he~ p~vid~ ~d s~ll not ~n~in ~y other inte~or walls. ~11 ~h
: ~ enclo~ m~t ~ ~ll~ ~d constmct~ accord~g to
~d Ippli~ble building ~. No h~ting, ~ir conditioning or h~ter syste~ or
pa~ of sys~ ~cl~g duc~ or g~lls ~y ~ const~ct~ or con~in~
': ~h ~-~ ~wh. Ex.flor w~lls ~y ~ enclo~ wi~ v~yl w~dows,
~ ex.pt ~1 ~e ~mgz a~ ~y ~ enclo~ with the ~me ~lefial
" p~cip~l unit.
5. ~mpg~ ~n~Mg I~ ~ or ~m shall
~m~<ial f~ilit~ no g~r ~ fiR~ tho~d ~r~ f~t
~. ~a f<ilit7 sh~l provid~ for ~ ~xclusiv~ ~I~ of convenienc~ ite~ to park
pat~ oM~, ~d shall ~r~nt no visibl~ ~videnc¢ of their co~¢<i~l, chaucer,
:. ~clud~g si~g~ ~d lighting, f~m ~ public or pdvat~ strut or fight of
' 1.1.11.$ Con~tio~! U~. ~o foll~ing ~ ~ ~ssibl~ ~ conditional u~ in thC T~vd T~iler-
~,~ R~tio~ V~cl~ Pa~ ~mpg~un8 Dist~ct ~V~, ~bj~t to th~ s~r~ ~d p~u~
' ' ~bli~ in Div, 2.7.4:
I. ~ing ~bi~ ~bj<t to th~ following
~er ~ 2.29 ~tober JO, I~1
a. One Camping Cabin per approved 'I'rRvc Lot.
b. The maximum number of Camping C.abin Lots in any one TTRVC Park shall
be ten percent (10%) of the total number of approved TTRVC Lots, not to
exceed a Iotal number of twenly (20) Camping Cabin Lots.
c. Maximum floor area of Two hundred and twenty (220) ~u~re f~t.
d. No internal water or cooking facilifi~.
e. Camping Cabin may not be designed ~s a permanent residence, however, tie-
downs or other ~fety devi.~.a may be u.~e.d in order to provide .~urity against
high winds.
f. Camping Cabin must be constructed of natural wood materials such as logs,
redwood, c~lar, or cypresa in order that it may blend harmoniously into the
natural landscap~ character normally found in an TTRVC or camp ground.
~tting.
g. The general development standards required for the TTRVC park shall be
applicable to the Camping Cabins Lots.
h. All materials and construction must be in accordance with the Collier County
Building Code and the requirements of the Standard Building Code (SBC).
i, At least one room of the camping cabin must have a minimum of one 6undred
axed fifty (i.nO) square f~et of floor area.
j. If Camping Cabins are lo be located in a flood hazard zone as delineated on th~.
most recent Flood Insurance Rate Maps, all requirements of Collier ~ounty's
Flood Damage Prevention Ordinance must be met.
k. A party shall be allowed a maximum length of stay of two (2) weeks' in a
Camping Cabin.
2.2. II.4 Dimensional Standards. The following dimensional standards shall apply to all permitted,
a~ry, and conditional ~ in the Travel-Trailer-Recreational Vehicle Campground District
CrTgVC).
2.2.11.4.1 Minimum P~rk Sizg, Twenty (20) acr~.
;1.2.11.4.2.1 Two thousand and eight hundred (2,800) square feet for travel trailer and park model lots.
One thousand and eight hundred (1,800) square feet for camp.sites lots.
2.2.11.4..3 Minimum Lol~ Width. Forty feet (40') for travel trailer and park model lots; thirty feet (30') for '
~ ~i [ lots.
2.2.11.4.4 Minimum Yards fPrlncioal and Accessory SIructures).
I. Front Yard. Ten feet (10').
: 2. Side Yard. Five feet (5').
3 ' Rear Yard. Eight feet (8').
4. From exterior boundary of Park. Fifty-feet (50').
Collier Cou~ 2-JO october JO. ~PPI
5. Fm public str~ Internal Strut . Twenty-five f~t (25'), external strut - fifty
(5o').
6. F~ buildi~s or st~ctur~ Ten f~t (10').
, '2~.11.4.~ M~im~ tld~ht of St~tur~ ~i~y f~t (30').
:~.*:,:~.. ~2.11.4.6 ~ Acml mximum density shall'~ detemin~ through application of the
....: D~ity R~tlni System ~bli~ in the Collier County Gro~h Management Plan not to exc~
~, :~ · · ~elve (12) ~ for ~h
2.2,11.4.7 Reo~ R~tlon Ar~, ~e followi,g amunt of I~d or water shall ~ ~t ~ide and
develo~ for r~r~tional pu~ within the ~RVC Park.
1. Two hund~ (2~) ~re f~t for ~h travel trailer ~d park m~el lot or campsite for
the fi~t one hund~ (1~) Io~ or space;
2. ~o hundr~ fifty (150) ~m~ f~t for ~ch Io~ or d~ign~ space in exc~ of one
.:. h~d~ (1~) Io~ or ~;'
3. ~e-half (I/2) of the water surf~ within the park ~y ~ cr~it~ toward the r~uir~
~tion a~, ex.pt ~at at I~t fifty ~ment (50%) of the r~uir~ r~r~tion
s~dl ~ Ired a~.
~., 22.11.4.8 H~ Annroval R~uJ~t~ ~yout plms for a ~RVC park shall ~ sub~tt~ lo the
, D~elop~t ~i~ Di~tor ~d ~mt~ction shall ~ in accord~ce with approv~ pl~ ~d
') s~ifi~tiom ~d ~er ~bj~t to ~e provisions of site develop~nt pl~s in Div. 3.3. S~ch
pl~ ~11 ~t the ~uim~n~ of this district ~d shall show, at a ~nimum, tho~ ite~
identifi~ he.in.
2.2.11.4.9 R~uir~ hde~l Park Slr~t S~st~. ~1 lo~/spac~ within a ~RVC park shall have direr
'd ~ from ~ internal st~. ~1 internal st~ within the dist6ct shall provide ~fe and
~nv~imt a~ to a public st~t. ~e fighter-way widths, paving widths. ~d other
construction s~; including g~dienl ~d alignment of all internal struts and drainage shall
a" ~ mbj~t to &e s~rds for development of suppling infrastructure ~ provided in ~he
SuMivision Regulations, Div. 3.2. For the pu~ of this sub~tion, internal struts sh~ll refer
~ to st~, including ~ fight~f-way or ~ment, I~at~ within ~he confines of the proj~t
legal d~fiption ~d providing no ~c~ to other I~d parcels.
' 2.2. I1.4.10 ge0uired Faclfili~ for C~mit~ nnd ~RV LgB.
r' ;~ 1. S~im~ f~iliti~, including flu~ toilets, ~d showers within thr~e hundred f~t (3~')
walking dis~ce from e~ry campsite lot ~d u approved by the Collier County
Depan~nt, or in the event of a pdvate on-site system co~tion to a County system
· ~bject to County Ordinal. Lighting shall ~ provid~ in ~ni~r7 facilities at all times
~d the faciliti~ shall ~ acc~ible to park r~idents at all tim~.
'¢~
2. Po~ble w~ter supply ~ spprov~ by ~he Collier County }[~l~h Dcpa~ment ~d/or the
Di~tor of D~vclop~nt Se~ic~ puget lo Div. 3.2.
3. · A t~h confiner ~ch m a dumpster shall ~ I~at~ in ar~ ~ily accessible ~d not
obst~ct~ by campsite, Io~ or other ~RVC lots or parking ar~.
4. ~ enclo~ spa~ shall ~ o~n at all times Wherein a ~blc fire extinguisher in
o~blc condition ~d fi~t aid ~uip~nt is available, ~d a telephone is available for
public ~.
~e parking sp~e ~r ~mpsi~e or ~RV Iol.
2.2.1L4.11 Sa~ W~te Dis~l. Unl~ eve~ t~vel trailer site h~ a ~ni~ w~te outlet, a central
~m~ut ~tion shall ~ provide.
2.2~11.4.12 ~~. As r~ui~ in Div. 2.3.
2.2.11.4.1~ ~m~ B~. Vis~l ~ a~ r~uir~ in the following ar~:
1. ~RVC par~ frontin~ on a highway s~ll provide ~d ~in~in s cl~r ar~ not I~ th~
~'~ty f~t (20') in width ~longside ~d pa~llel ~o the highway. ~re shall ~ ~
~ditio~l I~ a~ of five f~t (5') inside the entir~ length of the cl~r ar~. ~e
!~ pl~ for this a~ will ~ detemin~ at time of sub~ion of a site
develop~nt pl~ pu~t to Div. 3.3. ~e entir~ cl~r ar~ ~d I~d~a~ ar~ ~y ~
comb~ to achieve a vis~l ~n ~n the public road and the ~RVC park..
2. ~RVC par~ abutting l~ds ~n~ other th~ for tach parks shall ~ ~r~n~ from such
I~d by a buffer strip at I~t fi~n f~t (15') wide, in which ornamental ~r~ning
com~ ofstmcm~l or pl~t ~tedal shall ~ place. Such ~r~n shall ~ ~min~
at all ti~ ~d ~nstmct~ in a~r~ce with the land~a~ provisions of Div. 2.4.
2.2.11.4.14 p~anent I~lion 0f ~RV Vehld~ ~RV vehicl~ including park ~el, t~vel t~ile~,
~y ~ ~entl~ I~t~ on a lot; however, no ~ent residency is allowS.
2.2.11.4.15 C~oliance. ~e~ t~vel t~iler/park ~el Io~ are ~ing ~ld to individ~ls the
develo~r/~er of the Io~ shall i~lude in the title tr~sfer d~ument ~ coven~t attesting to the
f~t that the lot ~ot ~ ~ u a pl~e of ~ent ~cup~cy. Ail ~RVC parks which
co~nc~ conslmction after the eff~tive ~te or this dist~ct shall comply with all r~uiremen~ '
of t~s dist~ct except u ~her provid~ herein. No ~RVC park Ihat exists on the ~fr~live date
of this disl6ct shall ~ alte~ ~ u to provide a I~r degr~ of conformity with the prnvisions
of this dist~ct th~ exist~ on the eff~tive date or this dist~cl. ~d air.dy ~n~ ~RVC which
d~ not ~t the acr~ge r~uire~n~ ~y ~ develop; however, Ihe development shall
confo~ with all other ~gulafions of this dist~ct.
Eve~ prop~elor, ~nager. home)wrier t~iation, or cnndotninium as~iation, nl'a ~RV park
shall ~inlain a register of lenants or ~cupants noting lbo duration of the renlal arrangement or
length of ~upancy fi)r o~er/~cupi~ sites~with reset to on~ or mor~ travel trailers or park
ffi g49 137
l~ D~.C~e
models. Said r~gister shall be made available upon demand ko the County Manager. In the event
of owner/occupied Iota within the TTRVC district, said owner is responsible for registering his
or her arrival and departur~ from their recreation residence with the manager of the 7TRVC park.
Failure ko ~gister will hold the owner responsible for penalties ts herein provided. Failure of park
owner/manager to provide said r~gister, duly describing the persons who have occupied a travel
trailer or park model trailer, and the duration of their occupancy shall be guilty of a misdemeanor
and subject to the penaltiesprovided by this Code. Any proprietor or manager who maintains a
falsified r~gist~r to allow persons to occupy a travel trailer or park model trader within the
TTRVC facility under their supervision and control for a period of time in excess of seven
months shall be similarly guilty of a misdemeanor and subject to penalties as provi.ded in this
2.2.11.4.16 l;"lood Plain Ele'tations. All travel trailers, park model travel trailers, recreational vehicles and
accessory structures shall meet flood plain elevation if permanently attached to the ,ground or
utility facilities.
2.2.11.4.17 At~'~orin~/Se'wer. Water and Electrical ~onnec(i0~. Park model travel trailers when Positioned
on a lot in this District must be anchored in accordance with the standards set forth in the Collier
County Mobile Home District (MH) and TTRVC District and other applicable regulations and be .,-..
connecttx/ to a public or private water and sewer system. Additionally, such units m~t obtaifi
electrical service directly from the electric utility authorized to provide such Service ~ Collier
\
2.2.11.4.18' ~di~l~I~KI~IgJl. A building permit shall be r~tuir~l for any permitted use prior to water, sewer
or electric connection.
[~/.11.$ Shins. Aa required in Div. 2.5.
]'S]~C. 2.2,12 COMMERCIAL PROFESSIONAL/TRANSITIONAL DISTRICT fC-I/'f),
2~2.12,1 ]~tl~,..l~all~ The provisions of th.is district ar~ intended to apply to areas located adjacent
to highways and arterial roads. The C-I Commercial Professional/Tnmsitional District is intended
to permit those uses which minimize pedestrian and vehicular traffic. Landscaping, controlled
ingre~a and egress, a~d other reatrictions are intended to minimize frequent ingre.~ and egress to
the highway from abutting usea. The C-I District is designed to be compatible with all residential
uses 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 hlgher and lower intensity development
that ate no longer appropriate for rvsidential development. The ~ in this district are intended
aa an alternative to re. tail and meet the intent of the C-I Commercial Professional/Transitional
District. Those areas identified an transitional (T) shall be further noted on the zoning atlas as C-
i/T. This district is consistent with the Iocatlonal 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/Transitional
District and the Urban Mixed Use land us~ designation shall be guided, in part, by the Density
Rating Syst-.m 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.
O4'O : 138
C~md&'tr ~ 2-$$ Oc~6tr lO./~1
~2.12.2 ~ittc~ U~. ~o following ~, u id~ntifi~ with. numar ~rom the S~rd [ndust~ai
Cl~ifictti~ ~I (~987), or ~ o~e~ pfovid~ ~or within this S~tion, are ~tt~
oE Hgbt, or ~ ~ ~ to ~t~ ~ in the C-I Co~rcial Prof~ional~sidonal
',:C.'~ Di~rct.
, ' 2.2.~.2.1 P~i/t~d U~:
~: 1. A~t~g, A~it~g md ~ing ~i~. (872 I)
2. Au~ila P~g (7521)
3. Bm~ ~i~ (g~ 7311, 7313, 7322-7331, 7338, 7361, 7371, 7372.7374-7376,
:. 7379)
G~p ~ F~HRi~ (~oU ~ ~md ID; ~ U.i=; ~4 Nu~ Ho~: ~b]~t
f~. 2.6,~.
~ ~i~ (8~)
9. ~~ ~d ~blic R=la~Jo~ ~J~ (Eroups ~74~-8743, 8748)
r,, 11. M~ md ~ Oallcfi~ (8412)
?',' 12. N~dc~J~ C~it Imd~fio~ (g~ps 6141~163)
13. ~ ~ ~u~ 6531~541)
14. ~y o~ ~ial ~ of pmf~iOml ~ic~ which is compaoble in namm wi~
~ fo~go~g ~.
1. U~ ~d ~mc~ ~ ~ ~ md ~cidcnml ~ ~c ~ ~t~ m of Hght
.,.. ~o C-I, C-I~ District.
,..~ . 2. ~c~ ~id~, ~bj~t ~ ~. 2.6.16.
2.~ ~~ ~e foll~g ~ ~m ~ibl, ~ cohdition~l ~ ~ the Co~i~l
Pmf~io~iti~ Digfict (C-I, C:I ~, ~bj~t ~ the s~r& ~d p~u~ ~blish~
~ Div. 2.7.4.
1. Civic, ~id md Fm~ ~i~io~ (8~1)
~u~ti~ ~i~ (8211-823 I)
4..H~ ~i~ (8011-8~9)
5.~c~ bulldog height m a ~imum of fifty f~t (50')
6.Mix~ ~idential md ~rcial ~ ~bj<t to the following cfiteda:
a. A ai~ d~v~lop~at pl~ ia appmv~ pu~u~ ~o Div. 3,~ ~ha~ is d~i~ to
pml~t ~ cha~ct~r of ~ha ~id~atial ~ ~d of ~h~ neigh~fing I~ds;
~ b, ~ ~ial ~ ia ~h~ d~velop~n~ ~y ~ limi~ in hours of
.,. ai~ of delive~ I~c~, ~d ty~ of ~uip~nt;
: 3~. c. ~e rmid~tial ~ am d~i~ m that they are compatibla with the
d. E~idenlial dwelling uni~ are I~at~ a~ve principle u~;
.i ,. R~id~tial ~d ~mlal .~ do not ~upy the ~m fl~r of a
building;
f. ~e numar of r~idenliil dwelling unl~ shall ~ conlroll~ by the di~nsionai
s~r~ of ~e C-I~ District, together with Ihe ~ific ~uirement ~at in no
i~m~ sh~ll tho ~idential ~ ex~ fifty ~rc¢nt (50~) oF ~e gross fl~r
a~ of the building or ~e density ~tt~ under the Gro~h M~age~nt
['~ g. Build~i height ~y not ex~ ~o (2) sto6~;
h. ~h ~id~tid dwdlinl unit s~ll ~n~in ~e following ~nimum fl~r a~:
,fflegacy ~d one ~m - four hundr~ fifty (450) ~.~.; ~o ~r~m ~
:.' six hund~ fifty (650) ~.~.; thr~ ~r~m = nine hundr~ (9~)'~.ft.;
i. ~, ~idential dwelling uni~ shall ~ r~tfict~ lo ~cup~c7 by the omem or
~2~. j. A minimum of ~i~y ~mcnt (30%) of the mix~ u~ dcvclop~nt ~hall ~
2:. ~inmin~ ~ o~n ~. ~ following ~y ~ u~ to ~tisfy the o~n space
~, ~ti~ ~, or ~tb~k a~ not covcr~ with im~ious ~rf~ or
~ for pa~g ~rking lot isl~ ~y not ~ ~ ~1~ cxist~g pative
vegc~tion is m~in~);
compatibility of ~o ~m~ial ~d ~idential u~ though such ~u~ ~.
~ -.. . ve~cular ~ ~7s ~d ~r~g a~ ~rom r~idential uni~, to the g~t~t
extent ~ible.
Religio~ ~g~mtio~ (8~1)
1. Front Yard - Twenty fly, f~t (~')
2. Si~ Yard - Fifl~n f~t (15')
3. R~r y~d . Fi~ f~ (15')
4. Mi~mm Yard R~uir~mt From Any Rmidentiallv Zoned or Used ~oo~:
Twmty fiw f~t (~').
04'9 140
~, :.? 2.2,U.4.4 ~uim~ llei~h~ of S~c/u~: ~iny five f~ (35')
~,.. ~.~.4.5 ~m~ ~r A~ of ~ncia~l Sl~ctu~: ~e (hound (1,~) ~. fl. for ~ch buJldin~ on
.~ ~e ~m~d fl~r.
'~ 2.~.~.4.6 ~ ~t Co~e: [~ESERVED] '
2.2.~.4.~ ~]~m~ ~-St~ ~J~ and Off-Str~ ~d~. As r~uir~ in Div. 2.3.
~' 2.2.~.4.10 ~ ~e ~imum ~ight of lighu s~ll ~ ~ty-five f~t (~'). Ligh~ shall ~ l~t~
~ ~ ~ ~ no light is .i~ di~tly t~ a p~y d~i~at~ r~idential, which is I~at~ within
~o h~d~ f~t {2~') of ~e ~u~ of ~e light.
~ 2.2.~2.5 ~ ~ ~ui~ ~ Div. 2.5.
2.2. D.6 Ad~fio~ S~n~r~ fo~ C-I~. ~ ~ollowing s~r~ shall apply to the C-I~ Dist~ct in
~dition w ~ ~d~g s~ indi~ a~v~, ~ ~ui~n~ am ~ ~ ~e
~' · · Fum~ ~d Um Elect of ~ G~ M~gc~t PI~.
~ . 2d, D.6.1 M~ ~t ~dth. Two h~d~ f~ (2~').
~2. D,~.2 M~ ~r A~. T~ five ~o~d (~,~) ~ f~.
2.2.~.~ T~c ~tlon, ~e pm~ ~ m~t not gene~ ~ ex~ of ten ~nt (10~) of ~e
av~ge ~ily t~ffic on abutt~g st~.
~C, 2.2.~ CO~RCIAL COmmENCE DI~RI~ (C-2).
· .2. D.1 ~ ~e pu~ ~d intent of the Co~rcial Convenience Dist~ct is to provide
I~ whom co~ial ~blish~n~ ~y ~ I~at~ to provide the s~ll ~le shopping ~d
~ / ', ~! n~ of ~e ~und~g r~idential I~d u~ with~ convenient t~vel dis~ce, It. is
';", ~d~ ~t ~e C-2 District imple~n~ the Collier County Gro~h M~age~nt PI~ wi~in
~, ~ a~ d~i~t~ Agficul~ml~uml; Es~t~ Neigh~rh~ Center District of ~e Golden
Oa~ M~r PI~; ~e Neigh~rh~Center District of the l~kal~ M~ter PI~; ~d the Urb~
Mix~ U~ District of the Fu~m ~d U~ Ele~nt ~lt~ in accor~ce with the I~ational
criteria for ~ial ~d ~e g~ls, obj~tiv~ ~d ~llci~ ~ identifi~ ~ the Future ~d U~
~.. Elect of ~e Collier County Gm~h M~age~nt PI~. ~e ~ximum density ~ible in
'"'" the ~ial Conv~ien~ District ~d ~e Ur~ Mix~ U~ I~d ~ d~i~ation shall ~
:~: ~id~, h p~, by ~e D~sity Riting System ~nuin~ in the Fumm ~d U~ Element of the
~'~7 ~llier Co~ty Gm~h M~age~nt PI~. ~e ~ximum density ~ible or ~tt~ in n
district shall not exc~ the density ~ssiblo under the Density Rating System.
2.~.~.2 P~itt~ U~. ~e Jollying ~, ~ defin~ with a numar from the S~rd lndustffal
Clmifi~tion M~I (198~, or u othe~i~ pmvid~ for within this S~tion, are ~t~
of ~ght, or u ~ ~ ~ ~tt~ u~ in the C-2 Co~ercial Convenience Dist~ct.
.~13.2.1
1. ~! ~t~ ~ ~d all ~nditional ~ exit incr~ height ~d ~x~ r~idential
~d ~ial ~ of ~e C-I~ Co~ial Prof~ional~sitional
· Dist~ct.
2. B~ ~i~ (grou~ 7311, 7313, 7322-7338, 7361, 7371-7376, 7378, 7379, 7384)
3. Drag Sm~ ~d P~d~ Sto~ (5912)
4. ~t~g PI~ (5812 exit ~nt~t f~ing, di~er thorax, f~ ~ice (~stimtional),
~;~ ~d~t~ f~g)
5. El~t~ Re.ir Sho~ (7622 ~io, television, ster~ ~d vid~ ~order re.ir o~y,
, 7629 exit ~n~, b~in~ ~d o~ce ~chin~, large appli~c~ such ~ ref~gento~
~' ~d ~ng ~n~)
.... 6. F~ Sto~ ~ups 5411 ex.pt su~rke~, 5421-5499)
7. G~l~e Se~i~ S~tions (5541 ~bj~t to ~tion 2.6.29)
' 9. H~I~ 3~i~ ~mups 801 i-8~9, 8082)
10. Pe~ ~i~ (g~ 7215, 7231-7~1)
11. ~u~ty ~d Co~ily Broke~, D~Icr, Exch~g~ ~d Se~i~ (groups 62~1~289)
12. U~ S~ Pos~l ~i~ (4311 ex.pt ~jor dist~bution center)
'~ ' 13. V~ $e~i~ (0742 excluding ou~id~ ke~cling)
14. Vid~ Ta~ R~al (7MI)
~ IS. ~y o~er ~nv~i~ ~ial u~ which is companble in namru with the foregoing
2~.~.2.2 U~ A~ ~o P~itt~ Us~.
~': of ~ght ~ ~ C-2 Dist6ct.
:,~3 ~ ~o foxing ~ am ~ible ~ conditional ~ ~ the Co~ial
.'. ~nv~ Di~dct (C-2), mbj~t to tho s~rds ~d p~ur~ ~blish~ ~ Div. 2.7.4.
, 1. MixM ~idential ~d ~ial ~ mbj~t to the following criteria:
a. A site development pl~ is approv~ puget
pro~t ~e c~mc~r of ~e ~idential u~ ~d neigh~dng I~ds;
b. ~e ~ial ~ in the development ~y ~ li~t~ in hours of o~ntion,
si~ of delive~ ImcO, ~d t~ of ~uip~nl;
.:.. c. ~e ~idenlial u~ am d~ign~ ~ that they are compatible with the
d. R~idential dwelling unia am I~tM a~ve principle
e. R~idential ~d co~ial ~ do not ~cupy the ~me fl~r of a
C~r ~ 2-J7
~ ~ ~ Octo~r ~0. I~1
~e numar of r~sidential dwellin~ unit~ shall ~ controll~ hy the dimensional
s~ndards of the C-2 District, together with Ihe s~i~c r~uJmm~n[ Ihat in no
inst~ce sh~ll the r~idential u~ exc~ fifty ~rc~nt (50%) of the ~ro~ flexor
ar~ of the buildJn~ or the density ~rmiu~d under the Growth Management
PI~;
g. Building height ~y not exc~ two (2) stori~:
h. ~h r~idential dwelling unit shall con.in the following minimum Ilar ar~s:
cfficiency.~d one ~r~m = four hundr~ fifty (450) sq.ft.; two ~r~m =
six hund~ fi~y (650) ~.ft.; thr~ ~r~m = nine hundr~ (9~} ~.ft.;
i. ~e r~idential dwelling units shall ~ r~stfict~ to ~cupancy by the o~ers or
I~ of the co~e<ial uni~ ~low;
A ~nimum of thifly ~<cnt (30%) of the mix~ u~ development shall ~
~in~in~ u o~n space. ~e following ~y ~ u~ to mtisfy thc o~n space.
r~uirc~n~: a~ ~ to ~tisfy water ~nagcmcnt r~uircmcnts, I~dma~
a~, r<r~tion ar~, or ~tback ar~ not covcr~ with im~ious surface or
~ for parking (parking lot islands ~y not ~ u~ unless existing native
k. ~e ~x~ co~ial/r~idcntial sl~c~urc shall ~ d~qign~ to ~h~ce
compatibility of the co~ial and r~idential u~ through such m~r~s ~,
~m~ial lighting away [rom r~idcnlial units; ~d ~paraling ~IH~ ~
vehicular ~c~ ways ~d parking ar~ from r~idential units, lo th~ gr~test
extent ~ible.
2.2.~.4 DJme~io~ S~ndar~. ~e following dimensional s~rds shall apply in the Come.iai
Conv~ence DistHct (C-2). ~em ~ific development cdte~a and s~rds al~ exist in the
Gold~ Gate M~er PI~, I~kal~ M~ter PI~ or the Future ~nd U~ Ele~nt of the Collier
County Gr~h M~age~nt PI~ , they shall su~r~e ~y le~ st~ngent r~uirement or place
Mditio~l ~ui~n~ on develop~nt.
I. ~ont Yard. Twenty five f~t (~').
2. Side Yardi Twenty five f~t (~').
3. Rmr Yard. Twenty five f~t (~').
4. Any yard abulti~ a ~idmllal oa~el, A minimum of 50 feet (50').
2.2.13.4.4 ~. ~iny five f~t (35').
2.2.13.4.5 M~im~ ~ Coyote. [RESERVEDI
2.2. t3.4.7 ~llnimmn Floor Area of Structurza. One tho~d (1 ,~) ~rc f~t for ~ch building on the
~.~.4.10 ~. ~ghting f~iliti~ ~I1 ~ ~g~ in s ~cr that prot~ roadways ~d ncigh~fing
2.2.14.1 ~. ~e pu~ ~d ~tent of ~e Co~rcial Intc~iate District (C-3) is to
pmvi~ for s ~der v~ety of g~ ~d ~i~, in a~ that have a higher degr~ of au~mbile
I~c. ~is district is int~d~ to ~ ~mpatible with r~idcntial ar~ ~d is not intcnd~ ~
~ D~ity ~tMg System ~n~ M ~e Fum~ ~d U~ Element of the Collier County
G~ M~ge~nt PI~. ~e ~imum d~sity ~ible or ~tt~ M a district shall not
· 2.2.14.2 P~tt~ U~. ~e follo~g ~, ~ de~ wi~ a numar from the S~rd ~d~t~al
Cl~ifi~tion M~l (198~, or u o~e~i~ provid~ for witch ~s S~tion, are ~t~ u
of right, or u ~ ~ to ~t~ ~ in the Co~<ial InteState District (C-3).
~nv~ District.
2.A~[ ~d A~ Sto~ (groups 5611-5699)
3.Au~ ~d H0~ Supply Stpr~ (5531)
4. B~ ~i~ ~rou~ 7311, 7313, 7322-7338, 7361-7379, 7384, 7389 ex,pt
=uction~g ~mi~,. field w~o~Mg, ~ttle la~ling, packaging ~d la~ling, .
5. ~t~g ~d Dd~ing Plac~ (groups 5812-5813 except contract f~ing, f~ ~micc
(insti~tional), di~cr thatch, i~d~tHal f~ing, ~ltlc clubs, cabarets, c~k~il Io~g~,
di~u~ ~d night clu~. All ~blish~nU engag~ in the rc~il ~le of alcoholic
. ~ve~g~ a~ ~bj~t to I~tional ~ui~n~ of 5<. 2.6. I0)
F~ Sto~ (groups 5411-54~)
7.G~enl Me<h~di~ Sto~ (g~ups 5311
~r ~ 2.J9 ~tober JO. I~l
'*~ 8. · G~p ~o~ing, excl~g F~ly ~ F~liri~, ~b~t ~o S~. 2.5.25.
9. Ho~ Fu~J~, Fumi~ng, ~d ~u~pmcnt Sto~ (groups 5712-5736)
.. 10. ~b~ (8231)
11. Mem~'p ~g~tio~ (~ l 1-86~) '
~)." 12. Mi~ll~ Re~ir ~i~ (groups 7629-763 I)
,,..,. 13, Mi~ll~ R~il (gmu~ 5912-5963 except ps.shops ~d all ~ d~ling with
~nd~d ~dim, 5992-5999)
14. M~u~ ~d AR Gaile~ (8412)
15. Non~ito~ C~it ~stimtio~ (groups 6111~163)
16. Pa~t, GI~ ~d Wallpa~r 5to~ (5231)
,, , 17. Pe~l ~i~ (groups 7212, 7215, 7221-7~1, 7291)
18. ~blic Ad~nistmtion ~roups 9111-9199, 9229, 9311, 9411-9451, 9511-9532, 9611-
9661)
~ I~. Re~il Nu~fi~, ~ ~d Garden Supply Stores (5261)
,. ~. Ve~ Se~ic~ (groups 0742. 0752 excluding outside ke~eling)
'" 21. Vid~ Ta~ Renal (7841)
~. Uni~ S~ P~[ Semi~ (4311 ex.pt ~or distribution centem)
'? · ~. ~y o~ g~e~ ~ial ~ which is ~mpa~ble in nature with the foregoing u~
~-C. 2~14.2.2 U~ A~ to P~itt~ U~..
1. U~ ~d stmcm~ ~at ~ n~ ~d inciden~l to
':;:/. ~e C-3 Di~fict.
2. ~'s ~id~, mbj~t ~ ~. 2.6.16.
' ~I~ ~. ~e fo[l~s ~ ~ ~iblc ~ ~nditional ~ ~ ~e ~ial
~ia~ District (C-3), ~bj~t ~ ~e ~r~ ~d pr~um ~bllsh~ M Div. 2.7.4.
1. ~~ ~d R~tio~ Se~i~ (groups 7911, 7933, 7991, 7993)
2. H~i~ls (groups 8~2-8~9)
L 3. ]~ti~, ~blic Order ~d Safety ~roups 9211-9224)
~ ~,~ ,. 4. Mix~ R~id~lial ~d ~<ial ~ ~bj<t to ~e following cdtefia:
a. A site develop~nt pl~ is appmv~ purser lo Div. 3.3 that is d~ign~ to
pmt~t ~e charier of the ~idcntial u~ ~d ncigh~dng I~ds;
b. ~e ~<ial ~ in ~e development ~y ~ li~t~ in hou~ ofo~tion.
si~ of dclivc~ tracks, ~d ty~ of ~ulpmcnt.
c. ~e midentisl ~ am d~i~ ~ that they are ~mpatible with the
::" ' d. R~idential dwelling uni~ a~ I~at~ a~ve principle ~s;
e. R~i~tial ~d ~<ial ~ do not ~upy the ~ fl~r of a buildMg;
a~ of the building or the d~nsity ~tt~ under the Growth M~agement
PI~;
.=:. g, Building height ~y not ex~ ~o (2) stores;
~' ~ , ~tr ~ 2-~
~ D~nt ~e ~tober JO. 1~i
h. Each residential dwelling unit shall c6ntain the folluwing minimum floor area, s:
efficiency and one bedroom - four hund~e.d fifty (450) sq. fi.; two bedroom
six hundred fifty (650) scI. ft.; three bedroom = nine hundred (900) sq. ft.;
i. The r~idential dwelling units shall be restricted to occdpancy by the owners or
lessees of.the commercial units below~,
j. A minimum of thirty percent (30%) of the mixed use development shall be
maintained ts open space. The following may b¢ used to satisf7 tile open space
requirements: area~ used to satls~ water management requirements, landscaped
areas, recreation arr~s, or setback areas not covered w th impervious, surface or
used for parking (parking lot islands may not be used unless existing native.
vegetation is maintained);
k. The mixed commercial/residential structure shall be designed to enhance
compatibility of the commercial and residential uses through such m~.asures as,
but not limited lo, minimizing noise tssociated with commercial uses; directing
commercial lighting away from residential units; and separating pedestrian and
vehleular acee~ ways and parking areas from residential units, to the ~reatest
$. Used Merchandise Stores (5932- except pawn shops and building materials)
6. Vocational Schools (8243-8299)
1.2.14~4 DirnenMomd Standards. The following dimensional standards shall apply to all permitted,
accessory, ~nd conditional uses in the Commercial Intermediate District (C-3).
2.2.14,4.1 Mi~ l~[ Area. Ten thottsaz~d (I0,000) square feet.
2~.14.4.2 Minimum Lot Width. Seventy five feet (75').
2.2.~4.4.3 Minimum Yard Reouir~nent~.
1. ~ - Twenty five fee': (25').
2. ~ -. Filter. feet (15').
3. Rear Yard - Fifteen feet (15').
4. Am' Yard abuttirm n residential oarcel. Twenty fiv.e feet (25').
5. Waterfront. Twenty five feet (25').
2.2,14.4.4 ~,j~. FIR), feet (50').
2.2.14.4.5 Minimum Floor Area of Principle Structure. One thousand ( 1,000) square feet for each building
on the ~,round floor.
1.1.14~4.6 Maximum Lot CoYera~e. [RESERVED]
i.2.1~.4.? Floor Area Ratio: [RESERVED]
2.2.14.4.~ Minimum Off-$lree~ Pa, : and Off-Street Loading. As required in Div. 2.3.
C¢dlltr Cme~ 2-41 Ocfober JO.
i~:f ~ D~doa ~.:~ ~lne Dt~tr~ct~. Ptrml.rd II~r~, C~ndhh,nol
~2.2.14.4.~ ~. A~ r~uir~ in Div. 2.4.
2.~14.S M~ndL~ Sto~e and DL~olal. Unl~ s~ifically ~itt~ for a u~. ou~ide stooge or
: di~lay of ~di~ is prohibitS.
~':'2.2.14.¢ ~. ~ ~ui~ in Div. 2.5.
~ z.:.~s ~E~RAL comm~c~At oI~RI~
-. 2.2.1S.1 ~ and Intel. %e' pu~ ~d in~nt of the Gcncni Commercial District (C4) is to.
~tn~ ~<ial d~elopm~t at the intentions of a~e~al roads on the County's ~jor
: ~ n~o~ ~e~ tnffic imp~ ~ ~ily ~ ~o~t~, to avoid strip ~d di~rg~i~
patterns of eo~ial development, ~d lo c~t8 co~ercial centem within Collier County
· ~ where co~ial develop~nt ~ ~efil for proxi~ty to other commercial centers.
':~ District will allow a broad ~ge of commercial u~ with appropriate s~n~rds to ensure ad~uate
~? ~, I~&<aping, ~d buffeting of adjacent I~d u~. ~e C4 District is ~itt~ in
~r~ with ~e l~tional c~tefia for commercial ~d the goals, obi<tires and ~llci~
~, ~ identifi~ in the Fu~re ~d U~ Ele~nl of the Collier County Growth Management PI~.
~imum de~ity ~uible or ~lt~ in a district shall not exc~ the density ~ssible
~der ~e D~ity Rating System.
~ ,, 2.2. I$:2 ~. ~e following ~, ~ idcntifi~ within the Sl~dard lndust~al Classification
~. M~I, or u o~c~i~ p~vid~ for wi~in this ~tion, am ~itt~
a~ to ~l~ ~ ~ ~e Genenl Co~<ial Dist~ct (CA).
' 1.2.1~.2.1 P~itt~ U~.
1. Unlm othe~i~ provide for in this C~e, all ~itt~ u~ in the C-3 Commercial
lnte~ia~ District.
2. Agficulm~l ~mi~ (g~ups 0741 ex.pt outd~r ke~eling. 0742 except outd~r
~{~ k~eling, 0752~783 exit outd~t ke~eling)
3. Am~ ~d R~r~tlon Semi~ - Ind~r (791 i-7941, 7991-7993, 7997. 7999
fishing pie~ ~d I~ o~ration, hou~at renal, pl~sure ~at r~n~l, o~ration of
~ pa~y fishing ~ ~ ~n~l only)
'' 4. Auto~tiv~ D~le~ ~d G~line Semice S~tions (groups 5511, 5531. ~541 with
.' ~i~ ~d ~pairs ~ d~fi~ in S<tion 2.6.28, 5571, 5599 new vehicles only)
~ 5. Auto~tive Repair, Semic~ ~d Parking (groups 7514, 7515, 7521)
)' 6. Building Materials, Hardware ~d Garden Suppli~ (groups 5231-5261)
~ 7. Businm Semic~ (groups 7311-7352. 7359 except at.lane, indust~al I~ck,
:<~.,., toilet ~d oil field ~uipmenl r~nting and I~ing, 7361-7397 except ar~r~ car and dog
renal. 7389 ex.pt auction~dng, bronfing, field warehousing, ~Ivaging of da~ged
,.,. methodic)
~,~ 8. Co~unications (groups 4812~841 except principle t~smission towers)
9. Engin~dng, A~ounting, R~rch, M~age~nt and Related Semices (groups 8711-
7~: 8748)
.. 10, GI~s ~d Gla~ng Work 0793)
! i, Hotch ~d Mot¢ls (groups 7011, 7~1, 7~1 when I~at~ wilhin an Activity Center)
" ~tr ~ 2.42 October ~0, I~1
,. ~:~ -..:.,
~¥.: 12. Mafi~ (~93, ~ exit ~al o~tion, cargo ~lvaging, ship dis~tling,
· lightemge, ~fine ~lvaging, ~fine ~klng, st~hip i~ing)
~ 13. Mi~ll~ Repair ~i~ (gmu~ 7622-7641, 7699 ex.pt ag~cultu~l ~uipment
r~ir, a~ing re.ir, ~r pump ~il cl~ing ~d repair, blacks~th shops, ~tch b~in,
~ptic ~ ~d ~l cl~ing, ~p~n~ing, fa~ ~chine~ repair, fire ~uipment
~air, ~m~ ~d chi~ey cl~ing, ind~t~al t~ck r~pair ~chine~ cl~ing, repair
of ~i~ ~tion ~uip~t, ~iler cl~ing, tins~thing tractor repair)
14. Mi~ll~ Re~il ~mups 5912-5963, 5992-5~9)
',. 15. Modon Pic~ ~te~ (7832)
':~ 16. ~blic ot Pfiva~ Pa~a ~d Playgrounds
17. Pe~n~ ~i~ (groups 7215, 7217, 7219-7261 except cra~to6~, 7291-7299)
18. R~ ~ (groups 6512)
19. V~ti~ ~h~la (gmu~ 8243-82~)
20. Any o~er g~enl ~glal ~ which is companble in nature wilh the foregoing
' 2.2.15.2.2 U~ Acc~ to P~itl~ U~ for CA
· o C~ District. '
~' 2~.153 Con.floreal U~ for C~ ~e foiling ~ a~ ~t~ ~ ~ndillonal ~ in ~e Geaenl
, ~i~ Di~ct (C~), ~bj~t to ~e s~ ~d pr~u~ ~blish~ in Div. 2.7.4.
I. A~lm~ ~i~ (g~u~ 0741~742, ~52, ~th outd~r kneeling)
2. ~t ~d R~i~ ~i~ - ~r (groups 7948, 7~2, 7996, 7~)
4. Au~tive D~en ~d G~l~e ~i~ Smtio~ (groups 5521, 5551. 5561,
outer di~lay
5. Auto~tive ~nml ~d I~ing, outd~r di~lay ~tt~ (groups 7513, 7519)
6. Fi~g, H~t~g ~d Tripping ~mups ~12~19}
~, 7. F~l ~e~ ~mups 5983-5989)
8. Howls ~d Mo~Is (g~ps 701 I, 7~1, 7~1 when I~at~ ou~ide ~d Aclivity Center)
u 9. J~ti~, ~blic OMer ~d Safet~ {groups 9222-9224)
I I. Motion Pierre ~en (7833)
~.~; 2.2.15.4 Dim~io~l S~r~_ ~e following di~nsional s~rds shall apply Io all
~ ~d ~diti~l ~ in the Oenenl Co~rcial Disl~ct (C~).
2.2.15.4.2 ~. ~e hund~ f&t (1~').
C~r ~
2.2.1~.4.3 M~im~ Yard Reuui~t~.
I. F~nt Yard. Twenty ~ve f~t (~'), pl~ one f~t (i') for ~ch one f~t ( i ') of building
height oycr fifty f~t (50').
2. Side Yard. Fift~ f~ (15').
3. R~r Yard. ~ro f~t (0') or Hve'f~t (5').
6nv yard abutti~ n ~id~tial narc:l. Twenty five f~t (~').
5. ~il~ad ROW. No ~tback is ~uir~ from a railroad siding c~mcnt for railroad
6. Wat~f~nt. Twenty five f~t (~'), except none for ~rin~.
2.2~15.4.4 ~. ~e hund~ f~t (I~').
2.2.15.4.5 ~nim~ ~r ~. ~e lho~d (! ,~} ~re f~t for ~ch building on the ground fl~r.
2.2.15.4.6 M~ ~t Core, e. [RESERVED]
2.2.15.4.7 ~r A~ Ratio: [R~ERVED]
2.2.1~.4.8 ~. Tw~ty~ix'(26} uni~ ~r ~re for hotels, motels ~d ~i~ s~are faciliti~
C~ter.
2~.I~.5 M~di~ S{o~e and Disola). Unl~ ~iHcally ~tt~ for a u~, ou~ide stonge or
2~.I~.6 ~. Lighl~g shall ~ 1~ ~ that no light is
r~id~ti~ if lighting is ]~t~ )ithin ~o hundr~ f~t (2~'} of r~sid~ntia] pro,ny.
~C. 2.2.15~ ~A~ COMMERCIAL DI~RI~
2.2.15%.1 ~ and Intel. Ia addition to the u~ provid~ in the C~ ~ning dist~ct, the C-~ district
~ial ~ic~ ~ch ~ ~11 ~ice automotive repair, and establishments p~ly engag~
in construction ~d s~iali~ trade acliviti~ such ~ contractor offic~, plumbing, h~ting ~d
air conditioning ~ic~ md si~lar ~a. ~td~r stooge yards are ~tted with the
~uire~nt that such yards are completely enclo~ or opaquely <r~n~. ~e C-5 district is
~tt~ in accor~nce with thc I~ational criteria for commercial and th~ goals, obi<tires and
~lici~ ~ identifi~ in the Future ~nd U~ Element of th~ Collier County Growth Management
PI~. ~e ~ximum d~nsity ~i~ible in the H~vy Commercial and th~ Urban Mixed Use ]md
~ d~ignation shall ~ guid~, in pa~ by the Density Rating System contain~ in the Future ~d
~ D~ent C~e
U~ Elen~t of the ~llier County Gro~h M~ge~nt PI~. ~e ~ximum d~nsity ~ible
or ~tt~ ~ a d~st~ct shall not exc~ the density ~ssible un,er the Density Rating System.
P~tted U~. ~ foll~in~ ~, ~ identi~ within n numar fro~ the S~ard
~ifi~tion M~I (198~, or ~ othe~i~ provide.for within this ~tion, are ~lt~
of ~ght, or ~ ~ ~ to ~t~ u~ in the H~vy Commc~ial Dist6ct (C-5).
I. U~ o~e~ provide for ~ ~s S~tion, all ~tt~ ~ in the C~ G~enl
~i~ Dist~ct.
2. A~ti~g/A~tion H~ ~mu~ 7389,
3. Au~tive D~I~ ~d G~I~ ~i~ S~tio~ (groups 551 !-5599)
4. Au~tive Repair, ~i~ ~d Pa~ng (groups 7513-7549}
5. Building ~nstmction~enl ~nlncto~ (groups 1521-1542}
6. ~uilding Mate~als (groups 521 !-5261)
7. B~in~ ~i~ (groups 7311-7353, 7359)
8. Co~tmction-S~ial T~e Cont~ (groups 1711-1793, 1796, 1799)
9. ~u~tion ~i~ (g~ups 8243-8249) ~
10. MoOr F~ight T~tion ~d Wa~o~ing (42~ ~ni ~d ~lf stooge wa~ho~ing
I1.Fis~g, H~t~g ~d T~pping (groups ~12-1919)
Cm~ (7261)
13.~ti~, ~blic Order ~d Saf~y (groups 211 I, 9221, 9222, 9229)
14.~l ~d Su~ T~it ~mu~ 4111~!21)
15.Mobile Ho~ D~en {5271).
16.Mi~ll~ Repot ~i~ (gmu~ 7622-7699)
17. ~r Stooge Yard, p~vid~ outer stooge yard shall not ~ l~t~ clomr
~mty-~ve f~ ~ ~y public st~t ~d ~at such yard shall ~ completely enclo~,
exert for n~ ~gr~ ~d egr~, by ~ opa~ fence or wall not I~ th~ six f~t
~gh, or ~uivaleat l~p~g or ~mbi~tion ~er~f, ~d provld~ ~aher that this
provision shall not ~t ~g yat~, ju~ yards, or yar~ u~ in whole or in
for ~p or ~vage o~ntions or for p~ing, storage, display, or ~1~ of~y ~p,
~lvage, or ~nd-h~d building ~te~als, junk automotive vehicles, or ~ond-h~d
auto~tive vehicle pa~.
18. Printing, ~blis~g, ~d Mli~ Ind~t~ (groups 2711, 2721)
19.T~tion ~i~ ~ups 4724~729)
~y o~ef h~vy ~i~ ~ which is ~mpanble in nature with the foregoing
U~ Acc~ to Pe~itt~ U~.
I. U~ ~d st~ t~t a~ n~ ~d incidental to the u~ ~r~tt~ ~ of ~ght in
~e C-5 Dist~ct.
2. ~er's ~iden~, ~bj~t lo S~. 2.6.16.
Conditio~! U~ for C~. ~e follo~ng u~ a~ ~ible ~ conditional u~ in the H~vy
Co~ial Dist~ct (C-5), ~bj~t to the s~da~s ~d pr~ur~ ~blish~ in Diy. 2.7.4.
,ffi 04'9 150
2-4J ~tober
-?:. 1. Ag~culm~l Se~ic~ (groups 0741~742, 0752, wi~h ou~d~x~r k~nneling)
· ' 2. Ambient ~d R~r~tion Se~ices - Outd~ (groups 7948, 7992, 7996, 7999)
3. ' ~ild Day Care Se~ic~ (8351), provid~
a. All ar~ ~d aurf~ r~dily acce~ibl~ to ~ildren shall ~ fr~ of toxic
,,~ su~c~ ~d ha~rdo~ ~teHals. ~is shall include ~11 adjacent ~d abutting
~ .~. pm~ai~ lying within 5~ f~t of the Child Care Center's n~r~t pro.ay line.
r:~; (1) For pu~ of this ~b~6on, ~bc following definitions s~all apply:
',. (a) Ha~rdou~ ~atefials - A ~crial Ihal hu ~y o[ lh~ [ollowinc
'~"- pro~ni~, igni~ble, corrosive, r~clivc and or toxic.
;~ :' (b) Toxic Subs~c~ - A substance which is or is sus~t~ to
',"~: ca~inogcnic, mu~genic, leralogcnic, or Ioxic ~o hu~n
~inga.
$.;'
b. It shall not ~ ]~atM within 5~ f~t of Ihe n~rest pro.ny line of I~d u~s
encomp~g whol~le ~tonge of g~line, liquefi~ ~troleum. g~.' oil. or
'. other fla~ble llqui~ or g~,
L~'~' c. It shall not ~ l~t~ on the ~me str~l custo~ly utili~ by constmctioo
track tnffic from ~p~lt pl~ ~d ex.ration quakes.
': d. It shall have a ~mum lot a~ of 20,~ ~ f~t ~d a ~nimum lot width
of 1~
~ It shall provide a ~nimum ~ble o~n space of no le~ th~ 30 % of the total
a,, ~ f~ge of Ihe lot a~.
L ]t s~]l provide ~at all o~n sp~ Io ~ ~ by children will ~ ~und~ by
a fence of no I~ Ih~ five f~t in height, lo ~ const~ct~ of w~,
or other approvM ~leHal.
'~:~ g. h shall provide a I~d~ buffer in accord~ce with Division 2.4.
;~ h. It shall comply with the S~te of FIo6da, Dcpaamcnt of H~lth ~d
Rehabili~tive Se~ic~ ~ild Day ~ S~dards, Florida Adminislrative C~e,
? ~ap~r 10M-12, Eff~tive Ma~h I I, 1986.
i. ~ere a Child Care Center is pro~ in conjunction wilh, ~d on the
~ parcel ~,.a facility which is a ~tl~ u.~, the r~uiremenls ~t forth in
subparag~pM a-h a~ve, with the exceptions of d ~d e. shall ~ u~ to
':.:' provide the prot~tio~ ~o children ~ing Ihe Child Care C~nter intend~ by this
' ~ion consistent with the development of the pro~d ~rmiu~ u~.
:. 4. Co~unicalions (groups 4812~841 wilh pdncipl~ transmission towers)
5. Fa~ P~uct Raw Materials (groups 5153-5159)
":~' 6, Fuel D~le~ (groups 5983-5989)
7. HoWls ~d Molels (groups 701 I, 7921, 7~1 when I~al~ outside ~ Activity Cenler}
8. J~tice, ~blic Order ~d Safety (groups 9223-9224)
9. Ki~kt
l 0. ~1 ~d Suburb~ P~nger T~lion (groups 41 ~ I-4173)
11. Motion Picture ~ten (7833, d~ve-lns)
12. Pe~lt~ u~ with I~ th~ 1 ,~ ~re fee~ gross Ilar ar~ in the principal slmcture.
~er ~ 2.~ October 30. I~1
~ D~nt
~ 2.2 Zontnt DO.ca. Pcr~nl~d ~se~, Condl~onal ~s¢,. D~me~Ona
=~ ~2. f5~.4 Dim~io~ S~n~r~. ~z foll~ng di~ional s~rds shall apply to all ~tt~,
2.2.15~.4.3 ~nim~ Yard R~ent~.
I. ~' Tw~ ~ve f~ (~'). Pl~ one f~t (1') for ~ch one f~t (I') of buildlng
3. ~. ~m ~ (0') or five f~t (5').
4. ~v yard abut~ a ~idmtial oa~r!, Tw~ty five f~t (~').
,~ .~ 5. }~il~ad RO~. No ~tb~k is ~ui~ from a ~ilroad siding ~ment for ~ilroad
~, fight~f-way.
~' 6. Wat~mnt. T~ five f~t (~'), ex.pt none for ~fin~.
2~15~.4.6 M~ ~t Corse, [~ERVED]
~r.
', '. 2.2.15~.5 M~d~ Sto~e and Dbnla~. Unl~ ~ifiolly ~tt~ for a ~, ou~ide stooge or
di~lay of ~dim is p~hibit~ ~thin ~y front yard. Tem~ra~ display of
during b~in~ hours is ~ible, provid~ it d~ not adver~ly aff~t ~t~ or vehicular
t~fic or public h~l~ or ~fety. ~e~dim storage ~d display shall ~ allow~ within the side
~d ~ yar~ of 1o~.
' 2.2.15~.6 ' ~, Lighting shall ~ I~t~ ~ that no light is ai~ dir~tly toward a p~y d~i~at~
~id~ti~ if light~g is I~ wi~ ~o h~d~ f~t (2~') of r~idential pro~y.
~ O~ ~e October JO,
2.2.1&1 Pm'po~_ and Intent. The purpo~ and intent of the In~justrial District (I) is to provide lands for
m~uf~'~ring, processing, storage and warehousing, wholesaling, and distribution. Service and
commercial activities that are related to support manufacturing, processing, storage and
warehousing, wholesaling, and distribution activities, ss well ss commercial uses relating to
automotive and heavy equipment Sales and repair are 'also permissible in the ! District. The 1
District corresponds to and implements the Industrial land use designation on the Future Land Use
Map of the Collier County Growth Management Plan.
2.2.1&~ ~. The following us~s, a.s identified within the Standard Industrial Classification
Manual, or as otherwise provided for within this section, are permitted as a right, 'or as uses
_-e_c_,~ry to permitted uses in the Industrial District (1).
2.~,1~.2.1 Permitted Uses:
1. Agricultural Services (groups 0711-0724, 0761, 0782, 0783).
· "'~ 2. App~el and Other Finished Products (group~ 2311-2399).
F,' 3. Automotive Rq~ir, Servia, and Parking (groups 7513-7549).
4. Building Construction (groups 1521-1542).
5. Business Servic~ (groups 7312, 7313, 7319, 7334-7336, 7342-7389).
!. i: 6. Communications (groups 4812-4899, excluding prin'~ry communications towers):
7. Construction-Special Trade Contractors (groups 1711-1799).
8. Eating Places (5812).
9. Educational Services (8243-8249).
I0. Electronic and Other Electrical Equipment (groups 3612-3699).
11. Engineering, Accounting, Research, Management and Related.Services (groups 8711-
8713, 8731, 8734).
12. Fabricated Metal Products (groups 3411-3479, 3491-3499},
· · 13. Food .nd Kindred Products (groups 2011-2099 except slaughtering plants).
14. Furniture and Fixtures (groups 2~11-2599).
15. Heavy Construction (groups 1611-1629).
16. Health Services (8011, accessory lo industrial activities conducted on site only).
17, Industrial and Commercial Machinery and Computer Equipment (351 i-3599).
18. Leather and Leather Products (groups 3131-3199}.
19. Local and Suburban Transit (groups 4111-4173).
20. Lumber and Wood Products (groups 2426, 2431-24~9).
21. Measuring, Analyzing, and Controlling Instruments; Photographic, Medical and Optical
Goods; Watches and Clocks (groups 3812-3873).
22. Membership Organizations (groups 8611, 8631).
23. Miscellaneous Manufacturing Industries (groups 3911-3999).
24. Motor Freight Transportation and Warehousing (groups 4212, 4213-4225, 4226, except
'~.~,~' oil and gss storage, and petroleum and chemical bulk stations).
' 25. Paper and Allied Products (2621-2679),
. 26. Personal Services (groups 7211-72 ! 9).
:'~'-: 27. Printing Publishing and Allied lndustr/e.s (groups 2711-2796).
,f, 28. Railrosd Transportation (4011, 4013).
29. Rubber and Miscellaneous Piffles Products (groups 3021, 3052, 3053).
/; ' Collier Co~nty 2-4~,~ October JO, 1991
.30. Stone, Clay, Glass, and Concrete Products (groups 322 I, 325 I, 3253, 3255-3273, 3275,
31. Textile Mill Products (groups 221 i-2221, 2241-2259, 22'/3-2289, 2297, 2298).
32. Transportation Equipment (groups 3714, 3716, 3731, 3732, 3751, 3761, 3764, 3769,
,~. 3792, 3799).
33. Transportation by Air (groups 4512-4581, except airports and flying fields).
:' 34. Transportation Services (groups 4731-4783, 4789 except stockyards).
35. United States Postal Service (431 I).
36. Welding Repair (7692).
, ..37. Whole~le Trade-Durable Gcxxh (groups.5012-50 ! 4,5021-5049, 5063-5092, 5094-5099).
:' 38. Wholesale Trade-Nondurable Goods (groups 5111-5159, 5181, 5182, 5192-5199).
2.2.16.2.:Z Uses Accessory To Ptrmitted Uses.
1. Uses and structures that are accessory and incidental to uses permitted as of right in the
5 ", I District.
..., ~.. C.$xctaker's residence, subject to S,~c. 2.6.16.
3. Retail sales and/or display areas as accessory to the principal use, not to exceed an area
;~' greater th~ twenty pare. cat (20%) of the gross floor area of the permitted'principal use
and subject to retail standards for landscaping, parking and open space.
~ 2.2.16.3 ~.~llll;lil~ti~_.~l. The following uses are permitted as conditional uses in the Industrial District
'~, (Il, subject to the standards and procedures established in Div. 2.7.4:
l" ' 1 ] Child Day C~re Services (8351).
~. All arras and suffsees readily accessible to children shall be free of toxic
subsmne, es and hazardo~ m~terials. This shall include al/adjacent and abutting
,.~ properties lying within 500 feet of the Child Care Center's nearest properly line.
'~;~. (1) For purposes of this subsection, the'following definitions shall apply:
· ,-.' (al Hazardous Mater{als: A material that has any of the
i: following properties, ignitable, corrosive, reactive and/or
·, toxic,
(b) Toxic Substances: A substance which is or is suspected to be
c.rcinogenic, mutagenic, teratogenic, or toxic to human.
b. Shall not be located within 500 feet of the nearest property line of land uses
cncompaasing wholesale storage of gasoline, liquified petroleum, gas, oil, or
other flammable liquids or gases.
. · c. Shall not be located on the same street customarily utilized by construction truck
traffic from asphalt pl~ts and excavation quarries.
Collltr County 2.49 October JO, 1991
~ Dtvel~pment Code
, d. S~H have a ~nlmum lot .~ of 20,~ ~rc [~t and a ~nimum lot width
~: ~ S~II pr~Jde a ~nimum ~bic o~n spa~ o~ no I~ th~ 30% of thc
~ f~ge o~ ~e lot a~.
~ '~ [. S~I pmvlde r~t all o~ ~ Io ~ ~ by chiMrcn will ~ ~und~ by
' f~'of no ~ ~ five f~ ia height, to ~ const~ct~ o[w~, ~n~ or
g. S~I provide a I~ buffer in a~or~ce with Div. 2.4 pi ~is C~e.
h. Shall ~ly ~ ~e s~te of ~1o~ Dcpan~nt of ~)th ~d R~habili~tive
Sc~i~ ~ild Day ~m St~rds, FIo~ Ad~nistralivc C~e, ~aptcr
12, Eff~tive M~h 11, 19~. '
~;': i, ~cm a ~ld ~ Cen~r ia pm~ in ~njunction with, ~d on the ~me
p=~l ~, ~ f~ility which ia a ~tt~ ~, the r~uirc~n~ ~t fo~h i
~.: ~bpa~g~ph$ a-h a~ve, with fhe ex~ptions ofd ~d · shall ~ ~ ~ provide
· e pro~tions ~ child~ ~ing the ~ild ~re Center intend~ by this ~tion
· ~, ~is~nt with the developer of ~e pro~ ~tt~ u~.
~ 2. ~*~ ~d Alli~ P~uc~ (gmup~ 2812-2899).
3. ~i~tio~ (~mup~ 48124899, ~cluding co~uni~tiom mw,m ~ubj~t to
~ui~n~ of ~. 2.6.~5.)
· . ~ . 4. El~tfic, G~, ~d S~i~ ~i~ (groups 49114971).
~.~ Fabfi~ M~ P~ (gmu~ 3482-3489).
';:" 5. F~ ~d ~d~ P~uc~ (2011 ~d 2~8 including sJaughtc~g pl~ for hu~ ~d
''- hu~ ~mption).
~. ~cr T~ns ~d F~isMng (3111) ~m~r ~d W~ Pr~uc~ (groups 2411, 2421,.
2429).
.:; 7. MoOr F~ight T~mtion ~d Wa~ho~Mg (group 4226, oil ~d g~ stooge,
~ ' ~l~m ~d cheryl bu~ s~tions).
~ $. Oil ~g G~ Ext~tion ~roups 1321, 1382).
.. Pa~r ~d.~li~ Pr~ (2~11).
~, ~. P~tml¢um Refining ~d R~lat~ Ind~td~ (groups 2911-2999).
"- 1~. PH~ Me~l$ Ind~tfi~ (~mup$ 3312-3399)
Rub~r ~d Mi~II~ Pl~tlcs P~uc~ (groups 3~ 1-3089).
'.. Stone, Clay, GI~, ~d Concm~ Pr~uc~ (groups 3211,3221, 3229, 3241, 3274, 329 I-
': ~' 32~).
Texlile Mill ~r~uc~ (grou~ 223 i, 22~ 1-2269, 229~, 2296).
[~}}' '" 11. T~fion By Air (4181 Ai~, flying fields).
'g'~ 1~. T~l~on ~i~ ('4789 st~kyards).
~ ~,.. ~ 13. ~ol~le T~de-Du~ble G~ (groups 5015, 5051, 5052, 5~3).
'~-~ ~of~le T~de-Nondu~ble G~s (groups 5162, 5169, 5171, 5172, 5191).
. .' Zontnf ~strf¢~t. Pcrnntned tdses, Co~l~onal ~te~, ~lme~tonal ~ta~a~
2.2.16.4 D~to~l S~n~r~. ~a foll~ing di~ional ~r~ nhall apply to all
~, ~d ~nditional ~ in ~ lnd~t~al Dist~ct'(D.
2.2.1~.4.1 Minim~ ~t ~. T~ ~o~d (10,~) ~ f~t.
2.2.1~.4.2 Min~ ~t ~d~. ~ h~d~ f~t (1~').
':-:. .2~.16.43 5fi~ Y~d
~:;~ ~ ~. ~ Fi~y f~t (50').
~." - 2. ~ T~ty f~ (20').
~.~: 3. ~ ~ny-fiv~ f~ (35').
4. ~at~nt, Tw~ty-fiv~ f~ (~,).
:~ S. ~ No ~t~k is ~uir~ from a nilroM ~ment, or fight~f-way.
.. 6. Yard abutti~ ~idmtial ~el~ Fi~y f~t (50').
~. =C, ~2.16.4.4 M~ H~ht of St~t~ Fi~y f~t (50').
~- 2.2.1~.4.5 Mi~ ~r A~. ~e ~6~d (I,~) ~r~ f~t.
2.2.1~.4.6 M~ ~t Cov~r, [~ERVED]
2~.16.4.7 Mi~ Off~ ~M~ ~d Off-Sh~i ~adin:. As r~ui~ in Div. 2.3.
i~' 2~I~.4.8 ~ ~ ~ui~ M Div. 2.4.
· 2~.I~.5 ~. ~ ~ui~ ~ Div. 2.5.
:' 2.2.16.6 F~ R~ent~. ~1 ~t~ or ~nditio~! ~ allowing for stonge other ~
'.~; ~ ~l~ build,g, ~cl~g but not li~ ~ ~e ~tong~ of ~ufacm~ pr~uc~; mw or
fmlshM ~gs; or v~cl~ o~er ~ p~ng~r; shall ~ r~uir~ to ~n ~id stonge
. ~ a fen~ ~ 1~. ~ (7) f~ ~ h2ight a~va gro~d level from all ~j~ent or abutted
": ~id~tially ~nM or ~ i~d. Said fen~ or wall shall ~ opaque in d~i~ ~d ~e of
~, ~, or other ~tefials approvM by ~e Development Se~i~ Dir~tor.
"~ ~C. 2.2.17 CON~RVATION DI~I~ (~O~.
2.2.17.1 ~. ~o pu~ ~d intent of Ihe Con~alion Dist~ct (CON) is 'to connie,.
pm~t ~d ~in~in vial ~mn! ~u~ !~ wi~in uninco~ntM Collier County that are
~M pfi~ly by &e public. ~e CON Dist~ct inc'lud~ ~ch public l~ds ~ Everglad~
Natio~ Pa~, Big C~ Na~io~l P~e, ~nions of Big Cypr~ Ar~ of Critical
~n~ F~a~h~ Stud Sa~ P~e, Collier-Se~nole Sate Park, R~ke~ Bay National
Es~fine S~c~ R~h R~e, Delnor-Wiggins S~te Park, ~d the Audu~n Cork~rew
Swamp S~c~. It is ~e intent of ~e CON DistNct to r~uire review of all development
pm~ wi~ ~e CON Distdct to e~m that ~e i~e~nt value of Collier County's natu~l
.?~,-~. ~urc~ are not d~tmy~ or u~p~bly alte~. ~ CON Dist~ct co~es~nds [o ~d
'~;': imple~n~ ~e'Con~ation l~d ~ d~i~ation on the Future ~d U~ Map of the Collier
049 156
:~ · '. ·
r'%~,
~ty Gr~ M~ge~t PI~. ~e ~imum de~ity ~ible ~ the Collation District
~1 ~ ~ pmvid~ ~ ~e C~ation Di~fict'of ~e Furore ~d U~ Element of the Gro~h
M~ge~at PI~.
2.2.17.2 ~itt~ U~. ~ foll~ng ~ ar~ ~t~ ~ of right, or
~, ~ ~e ~ation Digfict (CO~.
~.17.2.1 ~~:
~ ' I. ~blicly ~ ~.
~', 2. ~ ~ ~d ~ti~ ~.
3. B~g, h~ng, ~ing, ~d nam~ t~ils.
,~ ~' 6. S~gle-fa~ly dwellings.
:~: 7. Oil ~d g~ explo~tion ~bj~t ~ S~ drilling ~ ~d Collier ~ty Sit~
~;~ Developer PI~ ~i~ p~u~.
~ 2~.17.2.2 U~ A~ lo ~itt~ U~
1. U~ ~ g~m~ ~t ~ ~ ~d ~cidenal to
CON District.
,~:. · 2.2.17~ ~. ~e foll~g ~ am ~tt~ ~ ~nditional ~ in the Con~ation
Digfict (CO~, ~bj~t m ~e s~ ~d pr~u~ ~Rblish~ ~ Div. 2.7.4:
~ '; 1. Ex~tion ~d gla~ p~g ~d pr~uction.
2. ~ugh~ ~d h~ of ~ip.
~.,, 4. &h ~ls.
5. ~. Mfnlag.
· ' 6.
?:. 7. ~1 ~d g~ field develop~nt ~d p~uction ~bj~e to State field develop~nt ~.
. ,' 2.2.17.4 ~io~ S~r~. ~e foll~g di~sio~l s~s shall apply to all ~tt~ ~d
~eee~ ~s ~ ~e Con~ation Dist~ct (CO~.
~.(:.:' ' . 2~.17.4.1 Minim~ ~t A~. Five (5) g~.
2.2.17.4.2 Min~ ~t Width. ~e hund~ ~d fi~y f~t (150').
~ ?. ~2.17.4.3 Mi~m~ Yard R~ui~.
~' 1. F~nt Yard. FiRy f~t (50').
2. Si~ Y~d. Fi~y f~ (50').
~.~':. ' 3. R~ Yard. Fi~y f~t (50').
fftr ~ 2-52 ~tober dO. i~l
2.2.17.4.4 ~. ~i~y fiv~ f~t (35').
2.2.17.4.$ M~imm D~itv. ~ (1) dwelling unit for ~ch five (5) gro~ acres, except that within thc Big
C~ P~e the ~imum density shall ~ one (I) dwelling unit for ~ch thr~ (3) gro~
2.2.17.4.6 ~. As ~ui~ in Div. 2.3.
2.2.17.4.7 ~n~oine R~ui~. As ~ui~ in Div. 2.4,
22.17.~ ~. ~ ~ui~ in Div. 2.5.
~C. 2.2.18 ~LIC U~ DI~RI~
2.2.18.1 Dis~ ~r~ and In{~t. ~e ~blic U~ District (P) is intend~ to acco~ate only I~al,
s~ ~d f~e~lly ~ or I~ ~d o~t~ government facilities that provide ~ntial public
~i~.
while minimi~ng ~e ~tential disruption of the u~ of n~rby pro~Hi~.
~y public f~iliti~ ~at law~l exist~ pdor lo the eff~tive ~te of this C~e ~d thht am not
~n~ for ~blie U~ District (P) a~ dele~n~ 1o ~ confo~ng with th~ ~ning regulations.
~y ~tu~ exp~ion of th~ public facilifi~ on l~ds p~viously r~ for their u~ shall
~ui~ to ~t ~e ~latio~ in eff~t for the ~ning district in which the public facility is
I~.
~Ji~ I0 providing jov~mmn~J ~wic~ or ~ ~:lJo~s Io i p~ civic or public
i~fi~fio~ai ~ shall not ~ ~n~ for the ~blic U~ OJs:~:l, buJ ralhe[, shall ~ ~n~ or
~e~n~ ~o~dinj Io the ~ ty~ or the ~ c~a~ctedslics which predominale.
2.2.18.2 PemJtted Us~. ~e following u~ am ~tt~ ~ of right, or ~ u~s acces~ to ~tt~
~, ~ the ~blie Um District (P).
L2.18.2.1 P~itl~ U~.
1. Ad~nist~tive ~i~ f~iliti~.
2. ~ld ~m, not for profit.
3. ~li~tion ~d tmfer sit~ for ~ume ~ove~.
4. ~mmni~tion towe~
5. ~umtion f~iliti~.
6. ~ntial public ~ice faciliti~.
7. Fairground.
8. Liberia.
9. M~um.
' 10. Pa~ ~d ~tional ~ice hciliti~.
Ii. Parking f~iliti~.
~r ~ 2-I3 t)eit,her 30, I~1
12. Safe~y ~i~ f~iliti~.
13. ~y o~er public st~c~ ~d u~ which are comparable in nature with the foregoing
2.2.18.2.2 U~ A~ io P~itt~ U~.
1. A~ ~ ~d ~c~ c~ly ~iat~ with the p~ncipal ~tt~
2. R~id~tial ~d ~gi~ ~ of ~ a~ nature which are ~ciden~l ~d
ct~iy ~iat~ wi~ ~p~ of a pfi~ public ~ of the site for public pu~g
~d which ~ ~nsistent ~ ~e Gr~ M~agement PI~.
3. Tem~ ~ of ~e si~ for public pu'~ in ~r~ce wi~ S~. 2.6,33.
4. A~ ~ w~ch ~ pmvid~ by ~n~ionair~ under agr~nt with the County
for ~e provision of ~e ~i~.
5. ~y o~er public ~ which ~ ~mp~ble in nacre with the forgoing u~.
6. ~flh Mining, pmvid~ the ~ of the ex~vatM ~tefials is utili~ for govem~n~l
2.2.18.3 ~~. ~ follo~g ~ ~m ~ibl~ ~ ~nditional ~ in the ~blic
Diafiet (P), ~bj~t m ~a ~ ~d p~u~ ~blish~ in Div, 2.7.4:
1. ~m ~d ~g f~iliti~.
3.D~tion f~iliti~ ~d j~il~.
~xifi~tioa fgiliti~.
~. Major ~in~ ~d ~i~ f~iliti~.
8. M~ h~ ~d ~bili~tive f~iliti~ - not for profit.
9. R~u~ ~ve~ pl~.
10. ~fle ~d pistol ~g~ for law ~fo~t t~in~g.
1 I. ~ I~dfill$.
12. ~y o&~ public ~ w~ch am' ~tible in na~g wi~ the forgoing ~.
13. ~h Mining.
2.2,18.4 ~io~ S~n~r~. ~e following dimensional s~&r~ shall apply to all ~tt~ ~d
~ ~ ia ~e ~blie Ug District (P).
~.2.18.4.1 Mi~m~ ~ A~: None.
2~18.4.2 ' Min~ ~t'Width: None.
2~.18.4.3 Mi~m~ Y~d R~ui~:'~e ya~ ~uig~n~ of the ~st rest~ctive adjoining district
s~l a~ly to all ~aiom of Ihe site within one-h~drM f~t (1~') of the adjoining district.
2.2.18.4.4 M~ ~c4eht: ~e height of Ibc mst ~tfictive adjoining dist6ct within one-hundr~ f~t
(1~') of ~ch district, units exemptM by~. 2.6.3.1.
159
~tr ~ 2-$4 October dO.
c'.. 2.2..18.4.6 M~lm~ Off-Sl~{ ~rkin~ and Off-Str~ ~adin~ Reuuir~entn: As r~uir~ in S~. 2.3,
provide, however, that Ihe D~elopment Seffi~ Dir~tor ~y dete~Jne that Ihe r~uir~
numar of ~ is exc~ive for a ~ific u~ b~ u~n an analysis of factors including hut
not li~t~ to: the numar of employs; ~re f~ge of the pro~ facililies versus
,'~ ar~ in~d~ for public u~; ~d customer parking. ~d~aping ~uivalent to a Ty~ A Buffer
shall ~ ~timtM in lieu of pav~ parking with ~id ar~ r~ for future parking should the
Board of Cowry Co~ionen find that the spac~ are n~.
1.1.1~.4.8 ~: Lighting faciliti~ shall ~ a~g~ in a ~er which will prot<t roadways ~d
':~' neigh~fing p~ay from di~t glare or other interference.
~C. 2.2.19 CO~Y FAC~Y DI~RI~ ~C~.
2.2.1~,1 ~. ~is distfi~ is ~tend~ to implement the Future ~nd Ug Element of the
" G~ M~age~t PI~ by ~tting non-~idential I~d u~ ~s generally identifi~ in the
U~ D~i~ati~ of ~e Fu~ ~d Um Ele~nt. ~ u~n c~ ~ chanctefi~ ~ public
f~iliti~, i~ti~tio~! ~, ~n Oce ~, ~tional u~, water-relat~ or de~ndent u~,
~d o~er ~cb ~ genenlly m~ing the ~unity-at-large. ~e dimensional s~rds are
~:'~' in~nd~ ~ ~m ~mpatibility with existing or ~mre n~rby r~idential development. %is
~n~g district is li~t~ to pro~ni~ within the Urb~ Mix~ U~ I~d u~ d~ignation
~ id~tifi~ on the Fu~ ~d U~ Map.
'2.2.19.2 P~itt~ U~. ~e follo~ng ~ are ~tt~ ~ of right, or ~s u~ acces~ to
5.~: ~, ~ ~ Co--unity F~ility District (CF).
2. ~umh~ ~d ho~ of wo~hip.
3. Civic ~d cultural f~ilifi~
4. M~u~
5. Nu~Ng ho~. ACta, 6~iy ~ faciliti~, group care facility - Catego~ I subj~t
m S~. 2.6.26.
6. Pa~ ~d play~und~ nonsocial r~mtion facilities, o~n space u~
7. ~blie,' private ~d pa~hial ~h~ls
...~ ~.2.1~.2.2 U~ Ac~ to P~ilI~ U~: A~ff u~ and stmcturmn that are accm~ry and
incidenal to the urns ~tt~ ~ of dght in th~ CF District.
2.2.1~.3 Conditional U~: ~e followin~ u~
5,.; District (CD, ~bj~! to lbo s~rds ~d procures ~sablish~ in Div. 2.7.4:
4. Golf dHving ~gm.
:~/ 5. Group ~ f~ility - ~tego~ II, ~m unit Subj~t to S~. 2.6.26.
., 7. P~va~ clu~, y~ht clubs.
2.2.1~.4 Dim~io~l S~: ~e follo~ng di~ional s~rds shall apply in Ihe CF Disi~ct.
2.2.1~.4.2 Mi~ ~ Width: Eighty (8O)
',~ 2.2.19.4.3 Min~ Yard R~ui~:'
1. F~nt Yard: Twenty-Five f~t (~')
2. ~: Finn f~t (15')
3. Rt~ Yard: Fi~ f~ (15')
,~ '~ 4. Any Y~d Abutfi~ a R~id~fial ~1: Twenty-fiv~ f~t (~').
2.2.1~.4.4 Minim~ Dis~n~ ~ St~: Twenty-five f~t (~') or 1/2 the sum of the building
h~igh~, whichever is g~r.
~,: · 2.2.19.4.5 M~im~ Height of St~lu~: ~i~y f~t (30'). except for ~te~ ~d towers which is fo~y
2.2.19.4.6 Minim~ ~r A~ of ~ncloal S/~cture: One thou~d (I.~) ~uare feet for ~ch building
on ~e g~d fl~r.'
2.2. I9,4.7 M~im~ 1~I Corse: [RESERVED]
2.2.19.4.8 ~r A~ ~Ho: [RESERVEDJ
2.2,19.4.9 Minim~ Off-Sl~t ~rki~ ahd Off~l~t ~adi~: As requir~ in Div. 2.3.
'2.2.19.4.10 ~n~pi~: As ~ui~ in Div. 2.4.
Collier County 2.56 October .it). 1991
I.,tmd Dtn, elopment Code
2.2.19.4.11 [.[~J~,t. The maximum height of lights shall be twenty-five feet (25'). Lights shall be located
so thai no light is aimed directly toward a property designated residential if it is located within two
hundred feet (200') of the source of the light.
SEC. 2.2.20 PLANNED UNIT DEVELOPMENT DISTRICT fFUD).
2.2.20.} pur;x~e and Intent. The purpose and intent of establishing the Planned Unit Development
District (PUD) is to provide procedures tad standards to encourage mixed u.~ planned
davelopments that may be instituted at appropriate locations, or planned developments that n-my'
or may not be mixed use in the Urban Fringe Areas, all ia accordance with the planning and
development objectives of the County under the Code and the Growth Management ..Plan. It is
further th~ purpose tad intent of these PUD regulations to encourage ingenuity, innovation and
imaginati~m in the planning, design, and development or redevelopment of relatively large tracts
of land under unified ownership or control. Planned Unit Developments produced in compliance
with the terms and provisions of this Code and the Growth Management Plan may depart from
the strict spplication of setback, height, and minimum lot r~uirements of conventional zoning .-.
districts while maintaining minimum standards by which flexibility may be accomplished, and
while protecting the public interest, so that:
I. A mom creative approach may be taken to the development of contigu&us tracts'of land
and to encourage development of thrill parcels of contiguous tracts of land in certain
cln:umstanc~s.
2. A mom desirable environment may be accomplished than would be possible through strict
application of the minimum requirements of this Zoning Code.
3, Land may be used more efficiently, resulting in smaller networks of utilities and streets
with consequent lower construction and future maintenance costs.
4. The impact of a particular planned unit development on the present and projected
population, economy, land use pattern, tax base, .street system, and public facility
network(s) of the County may be carefully evaluated relative to the various costs and
benefits that may be sssociat~d with such development.
5. The development employs techniques featuring amenities tad excellence in the form of
variations in siting, mixed land uses and/or varied dwelling types, ss well as adaptation
to and conservation of the topography tad other natural characteristics of the land
involved. Exceptions to variations in siting, mixed land uses tad/or varied dwelling types
may be granted on PUD Infill Development.
The maximum density permissible in the planned unit development district and the Urban Mixed
Use land ~ designation shall be guided, in part, by the Density Rating System contained in the
Future i.,and 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. Anything to the contrary notwithstanding, all PUD development shall be consistent
with the Collier County Growth Management Plan.
Collier C. om~ 2-57 October JO, 1991
2.2.20.2.1 Relation or Planned Unit Develooment Regulations to the Growth Manal~onent Plan. Zonim,.
Subdivision. or Other Aoolicable Re~ulatioru. All aFplications for Planned Unit Developments
~.~: shall be in full compliance with the Future Land Use Element and the goals, objectives, and
~ ,, policies of all elerr~nts of the Growth Management Plan. All development regulations and other
:'~: applicable provisions of all County ordinances such as, but not I'imited Io, all provisions of the
Collier County Land Development 'Code, as may be amended, shall apply unless specifically
modified by the approved PUD Document and PUD Master Plan.
2.2.20.2.2 E,,d, ablishment of Planned Unit Develooment Distri~LS. PUD Districts shall hereafter be
established by amendment of the Official Zoning Atlas according to the procedure, s e,~tiablished in
~'~ Div. 2.7 and requirements established herein.
2.2.20.2.3 Unified Control. All land included for purpose of development within the PUD District shall be
~' owned or under the control of the applicant for such zoning designation, whether that applicant
i!~i be an individual, partnership or corporation, or a group of individuals, partnership or
; ~,,' corporations. The applicant shall present competent substantial evidence of the unified control of
i,~!' : the entire area within the proposed PUD District and shall state agreement that if he proceeds with
the proposed development, he will:
1. Do so in accordance with:
· a. The PUD Master Plan of development officially adopted for the district;'
~ b. Regulations and development standards as set forth in the PUD Document and
PUD Master Plan;
'~. c. .Such other conditions or modifications as may be attached t° the rezoning of
land to the PUD classification; and
d. The Collier County Growth Management Plan.
;'~'"'.: 2. Provide written agreement, contracts, deed restrictions, or sureties acceptable to the
County for completion of the undertaking in accord with the adopted PUD Master Plan
as well as for the continuing operation and maintenance of such areas, functions and
facilities that are not to be provided, operated or maintained at general public expense,
and;
~.' 3. Bind his succes,,,ors in title lo any commitments made under .~ction 2.2.20.
· 2.2.20.2.4 Minimum Area Required. The minimum area required for a Planned Unit Development District .
(PUD) shall be tea (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 thrill parcels as defined in Article
'~ 6 and the Growth Management Plan. the minimum area required for a Planned Unit Development
District (PUD) shall be t~vo (2) contiguous acres.
2.2.20.2.5 Develooment Plannln~ - External Relali0ruhios. Development within a PUD District shall
compatible with established or planned uses of surrounding neighborhoods and property, The PUD
· ~,:. -,,, shall provide protection of the development from potentially adverse surrounding influences and
'~" .. protection of surrounding area from potentially adverse influences generated by or within the
Collier County 2. 51~ October $0, 1991
Let~ Develapment Cade
2,2 ~tooln_~ D(ttrlfv, [~f~lftCd tl.~f~, ~p~ltto~qt ~te~. DIm~lanal Sta~a~
PUD. $~h proration ,hall include, but
fol]~,: f~, ~ll~, or
provid~ ~ a~r~ with ~ I~ping~uffcdng ~uirc~n~ of Div. 2.4 lo prot~t
~id~ from ~d~inbl~ vi~, lighting, noi~ or oth~ advc~ off-site inRuenc~, or to prot~t
~id~ of ~join~g distHc~ from si~lar ~ible influenc~ from within the PUD District. In
~1 ~, ~g s~ll, at a ~nimum, ~ desi~ to prot~t existing or ~teNial fi~t ~r
~id~tial ~p~t ~dow level~. Off-st~ parking ar~ for five (5) or more ~, ~i~
~ for I~g or unloMing vchicl~ other th~ p~nge~, ~d ar~ for stooge ~ collation
of t~ ~d g~bage shall ~
2.2.~.2.6 ~omnmt ~anni~ - Intel Relatio~hi~. ~ development pl~ for a PUD District shall
p~vide for ~fe, c~ci~t, ~nvc~ent, ~d ha~o~ grouping of st~cmr~, u~ ~d f~iliti~,
~d for app~p6a~ ~lation of ~ace inside ~d ou~ide buildings to intcnd~ u~s ~d st~cmnl
f~.
2.2.~.3 ~o~t S~r~. In ~dltion to all genenl provisions ~d pr~ur~ ~blish~ in S~.
2.2.20.2, ~ foll~ng ~ific ~ui~n~, libations
Distdc~ exit ~t ~. 2.2.20.]. 1 s~ll no~ apply when the~ is no r~idcntial com~n~nt with;n
· o PUD ~d ~. 2.2.20.3.13 s~ll not apply when there is no ind~tdal com~nent in thc PUD:
2.2.~3.1 . ~im~ R~idmtial ~iti~.
1. M~im~ ~id~tiai d~sity ~ibl~ for the overall PUD shall ~ ~id~, ~ pa~,
by ~e D~i~ ~t~g System condom in ~e Fum~ ~d U~ Ele~nt of the Gro~h
M~ge~t PI~. ~e ove~l ~imum r~idential de~ity ~ible or ~t~ in
of a PUD ~1 ~ ~cula~ by dividing ~e ~1 numar of dwelling ~i~ by ~e to~!
of g~ ~ge of ~ p~ PUD excluding ~e ~ge of ~e con.iai ~d
~d~t~ t~ or ~c~. ~e ~imum density ~ible or ~tt~ in a PUD
s~l not =x~ ~ density ~ibl= ~der th= Density Rat~g System.
2. ~o B~ .of Cowry ~ion~ ~y i~n density or intensity of d~velop~nt
wh~ it ~ ~ de~nM that development to the ~ximum density or intensity
~ible in 5~. 2.2.20.3.1.1 would:
a. C~ in~nvenient or u~fe ac~ to the PUD, or
b. C~ traffic ~ng~lion in tho str~ which adjoin or l~d to tho PUD, or
c. Pl~ a bu~ on ~r~, ~tio~l ar~, ~h~ls, ~d other faciliti~ which
~e or am pm~ m ~e ~e PUD, or
d. Be in ~nflict with the intent or provisions of the Gro~h M~age~nl PI~, or
e. Cr~ a that to pro. ay or incur abno~l public ex~n~ in ar~ subj~t Io
na~l h~r~.
Be in~atibl~ or inconsi~ent with su~ounding neigh~rh~s or a~.
~ 2.~9 ~tober JO, I~1
Dtw~pme~ CMt
g. Otherwise be inappropriate.
i:,iL:' 2,2,20.3,2 Multi-Family Enlr~ Level Rental Housin~ Area~. This ar~ is intended to apply to an ara of
entry level multi-family r~idential rental units having a mid-ri~ profile,silhouette and generally
$urrounded by Iow profile structuresand open space and, so situated that it is well-se~ed by public
and commercial services and h~ direct and convenient access to thoroughfares and collector
~treets. Multi-Family Entry Level Rental Housing regulations shall not be used In conjunction
.?~' with Affordable Housing Density Bonus regulations.
;:~' 1. Permitted Uses and Structures. No building or structure, or part thereof, shall I~e erected.
,3. - . · altered or used, or land or water used, in whole or in part, for other than the following:
a. Multi-family rental dwelling units.
~,c.., 2, Maxbnurn Der~ity, The maximum residential density permissible 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 shall not exceed the density
permiuible under the Density Rating System.
:,";7 3. Minimum Lot Area Requir~nent. Five (5) acres.
: ~,. 4. Minimum Lot Width. One hundred and fifty (ISO) feet ~ measured at the front yard
'i.' 5, Minimum Yard Requiremmts.
''~i':~:!'~" a. Depth of front yard. Thirty (30)feet plus one (l)foot for each two (2)feet of building
height over thirty (30) feet.
,,,'. b. Depth of side yard. Fifteen (15) feet plu~ one (1) foot for each two (2) fe~t of building
. height over thirty (30) feet.
II!~ ' a. If there is a $eparation between any two (2) principal structur~ on the ~ame parcel, said
'"', $c-paration shall be a minimum of fifteen (15) feet or a distance equal to one-half (sA) the
?,. ?. Minimum ~nd Maxlmum Floor ~r~ of Principal Struclur~.
~;i: ';.': a. Efficiency At~rtments.
:'~ (1) Minimum Floor Area - 450 ~quare feet.
.~, ~.~ ~ L4nd De~lopment Code
~r~'
(i) Minimum Flor A~ - 450 ~re
(2) M~imum Flor A~ - 650 ~r¢
c. Two B~m Apa~nt.
(l) Minimum Flor A~ - 650 ~r=
;:' ' (2) M~imum Flor A~ - ~ ~m f~t, ·
d, ~ ~m Apa~t,
(1) Minimum Flor A~ - ~ ~m f~t.
(2) M~imum Flor Ar~ - 1,050 ~re f~t.
8. M~ Hdght of
',' a. ~ (3) living fl~.
?::. ~. Mi~ ~pi~ R~~. ~ ~uir~ in Div. 2.4.
10. Mi~ Off~ ~.
;" a. Efficien~ Apaa~n~. 2 sp~ ~r dwelling unit.
r:~:, ' b. ~e B~m. 2 ~ ~r d~lling unit.
c. Two B~r~ or ~. 2 ~a~ ~r dwelling unit
2.2.~.3.3 Minim~ ~im~io~l S~n~rds Within a P~. Except ~ provid~ for within the Industrial
~m~nent of this ~tion, di~sional s~r~ within ~y tract or increment of the pro~
:- PUD shall confo~ to the.~nimum di~nsional ~d other s~dards of the ~ning dist~ct to
which it ~t clo~ly ~mbl~ in ty~, density, ~d intensity of u~. ~ere there ~s uncertainty,
the ~re r~tfictive s~rds shall apply. VaCation from the~ minimum di~nsional stan~rds
'~'~ ~y ~ app~v~ ff the PUD de~nst~t~ unique or i~ovative d~ign. For pu~oses of this
~tion, exampl~ of unique ~d innovative d~ign ~y include, but are not limit~ to:
-:~,: 1. Providing ~ble co~n o~n space within individual tracts or increments to off-~t and
~m~te for d~r~ in typi~l lot si~ or yard r~uirem~nts.
~" 2. Providing for public acc~s to o~n space a~s ~yond the ~undaries of the pro.fly.
3. ~e ~s).~cu~ng within the PUD are such that Compatibility with surrounding u~s
~ ~ ~ a~u~ by applying di ffe~nt r~uirements th~ would ~ applicabl~ under another
~ning dist~ct.
; ~ ~ ~er ~ 2-61 October JO. I~l
Ol~ltlo~ 2.2 Zonlnt Dltt~clt. Per~ftted I/,~et, {'~ndlttonal tIse~t OlmenM~nnnl ,~tarulnrtl.~
4. Providing places for public assembly ~ch aa parks and plazas which are linked together
and centrally located to ensure accessibility.
5. Siting buildings and dwelling units to provide optimum acce.,cs to open space areas.
6. Providing for the inlegration and preservation of natural resources with development,
through conservation of natural resources such as streams, lakes, flood-plains, ground
water, wooded 'areas and areas of unusual beauty or importance to the natural ecosystem.
Submission of schematic architectural drawings, site plans, floor plans, elevations, and
perspectivt:s which shall graphically demonstrate the proposed reduction in dimensional standards
for all propos~ land use types and their acce. asoty uses within the PUD shall also be required to
provide support documentation for reduction in the minimum standards of the Zoning. Code.
2.2.20.3.4 Off-Street Parklmt and Off-Street Loadin~ Reaulrtnn~n~.s. Off-stre~t parking and off-street
loading requirements shall be as for comparable type, density and intensity of uses established
in See. 2.2.20.3.3. No parking spaces on or within any public or private road or travel-way shall
be counted in fulfilling the required number of spaces. Land,aping for vehicular areas shall be
as ~tablished in Div. 2.4.
2.2.20.3.5 Usable Ones Soace Requirements. Within PUD Districts composed entirely of r~idential
dwelling units and accessory users, at least sixty percent (60%) of the gross area shall be devoted
to usable open space. Within PUD districts containing comrm:rcial, industrial and mixed use
including re.side, ntial, at least thirty percent (30%) of the gross area shall be devoted to usable open
space. Usable open space shall include active and pa~ive recreation areas such as playgrounds,
golf courses, lakes, both natural and man-made, beach frontage, waterways, lagoons, flood plains,
nature trails, and similar open space, a. Open water areas beyond the perimeter of the site, internal
street rights-of-ways, driveways, off-street parking areas, and off-street loading areas shall not be
counted in determining usable open space.
2.2.20.3.6 Dedication of Usable noes S0ace. An appropriate percentage of the gross project area shall be
required to be dedicated to public use as useable 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 impacts or needs created
by the proposed d¢.v. elopment.
2.2.20.3.7 D~dication of the Public Facilities. The Board of County Commissioners may, as a condition of
approval and adoption of the PUD zoning and in accordance with the PUD Master Plan of
devclopment, require that suitable are.ts for str~ls, public righls-<)f-way, ~h(x~ls, parks, and other
public faciliti~ be set aside, improved, and/or dedicated for public u~.
2.2.20.3.8 Common O~en Soace or Common Facilities. Any common open space or common facilities
established by an adopted Master Plan of Development for a. PUD District shall be subject to the
following:
I. The PUD shall provid~ for and establish an organization f(~r the ownership and
maintenance of any common open space and/or common facilities, and such organization
049 ', lt37
Collier County 2-~2 eh'taber $0. 1991
Lind Development Code
~)~o~ ~,2 ' ~,onlnff District. Permitted l]ses, ~ondtttonOI Usry, ~)lmcnalon~l ~tandards
shall not be dissolved nor shall it dispos~ of a~y common open space or common
facilities, by sale or otherwise, except to an organization conceived and established to
own s. nd-rn~intain the common open space or common facilities. However, the conditions
of transfer shall conform to the adopted PUD Master Plan.
2. In the event that the organization established to own and maintain common open space
or common facilities, or any successor orgafifization, shall at any time after the
establishment of the planned unit development fails to meet conditions in accordance with
the adopted PUD Mastca' Plan of Development, the Development Services Director may
serve written notice upon such organization and/or the owners or residents of the planned
umt development and hold a public hearing. If deficiencies of maintenance are not
corrected within thirty (30) days after such notice ..nd heating, the Development Services
Director shall call upon any public or private agency to maintain the comnx)n open space
for a Period of one (1) year. When the Development Services Director determines that
the subject organization is not prepared or able to maintain the common open space or
comn'x)n facilities, such public or private agency shall continue maintenance for yearly
3. The cost of such maintenance by such agency shall be assessed proportionally against the
properties within the plazmed unit development that have a right of enjoyment of the
common open spae~ or common facilities and shall become a lien on said properties.
2.2.20.3.9 J~-cservation and Protection of Desirable Natural. llistoric or Archaeological Features. The
desirable m~tural, historic, or trchaeological features of the site including trees and other
vegetation of consequence of a PUD District shall be preserved and protected. The disturbance
of terrain or vegetation in a ma_,'mer likely to significantly increase either wind or water erosion
within or adjacent to the PUD District is prohibited.
2.2.20.3.10 I,)'tilities. Within residential portion ora PUD District, all utilities, including telephone, television
cable, and electrical systems, shall be installed underground; provided, however, appurtenances
to these syst,:ms which require above ground installation must be opaquely screened and thereby
may be exempted from these requirements; and primary facilities providing service to the site of
.. the development or necessary to service areas outside the district may be exempted from this
requirement.
2.2.20.3.11 Streets. Dri~'es. Parkir~ and Service Areas. Streets, drives, parkihg and service areas shall
provide safe and convenient access to dwelling units and project 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 than is requir~ to provide access as indicated,
nor create unnecessary fragmentation of. the development into small blocks, nor shall streets be
laid out or constructed as to require excessive cuts or fills or to interfere with desirable drainage
in or adjacent to the district. In addition, all major arteries as shown on the master plan of
development shall be limited access facilities and the only vehicular access thereto shall be public
streets unless otherwise provided for within the approved PUD Master Plan.
I. Principal vehicular access points shall be designed to encourage smooth traffic flow and
minimiz~ hazards to vehicular or pedestrian traffic. Merging and turn lanes and/or traffic
Collier County 2-t53 October $0, 1991
lxmd Development Code
~)t~rlon ~. ~ Z~nlne Dt~wl¢l$. l°fr~lfled I],~eL Condl#onol f.l.~¢#. Dlmoulo~ll Stamtord~
dividers shall be required where existing or anticipated heavy traffic flows indicate need.
The intercormection of collector and local streets within the PUD to adjacent lands or
developments shall be encouraged, except that the interconnection of local streets shall
be designed to discourage through traffic, and not adversely impact local streets in the
neighboring residential areas. Where streets within the district intersect adjoining streets,
visibility triangle shall be saint,tried.
2. All streets or roads within the PUD shall be public unless specifically identified and
approved as private on the PUD Master Plan, and shall comply with all requirements for
streets and rea& as contained in the Collier County Subdivision Regulations.
2.2.20.3.12 }~}gIL{g~R~li}~. Signs shall be in accordance with Sec. 2.5.
2.2.20.3.13 S0eclal RC'~Ulr~me~ts for lndu~trlal Planned Unit D~eloom~:r~s. Industrial PUD'S are
intended to implement the Industrial Under Criteria subdistrict as provided for in urban designated
areas on the Future Land Use Map. The boundaries of the proposed PUD must be transitional,
therefore, requiring u.se~ along the perimeter to be compatible with non-industrial uses. The
project musl 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 smd sewer, and shall not generate light, noise or odors so as to be incompatible
with surrounding land uses. Minimum development standards shall be as described w~thin this"
section, Special Requirements for Industrial Planned Unit Developments. In Industrial PUD's, no
building or structure, or par~ thereof shall be erected, altered or used, or land or water ,u~, in
whole or in part, for other than as described below.
1. Permitted Princiole Uses and Structures:
a. Corporate he~dqu~r~ra.
b. laboratories.
¢. Light manufacturing, processing and packaging;
d. Medical laborato6es, clinics, treatment facilities and research and rehabilitative
e. Printing, lithographing and publishing.
Tec.hnological research, design and product development.
2. Permitted Accessory Uses and Structurg:m:
a. Acceasory uses and structures customarily associated with the uses permitted in
this district.
b. Recreational facilities such as a health spa, handball courts and golf courses, or
other similar recreational activities.
c. Restaurants, or offices available for use by employees of businesses located
within the permitted and accessory use buildings.
d. Child Care Centers.
e. Wholesale and storage as accessory to the principle use.
Collier Coumy 2.~4 October $0, 1991
Land Development Code
f. Re~il ~1~ ~d/or display a~ ~ ~ to the pdaciple urn, not to
~ ar~ g~ter ~ ten (I0~) ~rcent of the gro~ fleer ar~ of the ~tt~
pdnciplz ~tmcm~.
MMimum PUD ~: 10 =c~, ex,pt that a PUD 1~ t~ I0 ~r~ but no
p~ls in ~s ~e ~d ~o G~ M~agement Pi~ ~d is compatible ~th
c. M~mum ~t Wide: 150 f~t.
d. M~imum Y~rd R~uim~:
(1) Front Y~M: Fifty (50') f~t.
(2) .Side Y~: T~ (20') f~t, exc~t when abutt~g ~id~ntially
pm~y ~ fi~y (50') f~t.
(3) R~ Yard: Fi~y (50~) f~t.
e. M~imum Height of 5t~cm~: Sixty-five (65') f~t, except when abutt~g
~identially ~n~ pm~y ~en ~ay-five (35') f~t.
~nc~ bl~k, or d~tivo iron or stol.
. ~d .packing shall ~ ~hduct~ wj~ a Mlly enclo~ building.
i. U~ble ~n $p<e R~uir~: ~i~y (305) ~rcent of ~e gro~ PUD ar~.
Environmn~l ~ptmla, ~d p~fing, lighting ~d' e~ion controls shall
~uir~ to ~tigate impac~ of ~o develop~nt on suffounding midentiai
pro~ay. ·
2.2.20.3.14 S~al R~mi~en~ for Mix~ U~ Hann~ Unit Develo~men~ Con~inlnff Comme~i~].
1. . ~ ~ ~idential ~x~-~ PUD ~n~ining a ~ercial t~ct or incre~nt is l~at~
ouBide of ~ Activity Center, ali co~e<ial com~nents of the PUD shall ~ ~bj~t
to ali provisions of the Furore ~d U~ Element ~d other ele~nts of the Gro~h
~ De~pme~ ~e
l~l~t~on 2.2 ~',nlng l)lstr~cl~. Permitted t]s¢g. Condl~.o,nal ~]s¢~, plmcn!tonal ~tandard~
Management Plan. Minimum development standards shall be as described within section
2.2.20.3.
2. When a residential mixed use PUD is located outside of an Activity Center as designated
on the Future I~nd Use Map of th~ Growth Management. Plan, all commercial
components of that PUD shall bo subject to the provisions of the Growth Management
Plan PUD Neighborhood Commercial Subdistrict.
3. The uses permitted within the conur, ercial components of the mixed use PUD shall be
limited to those uses listed in the C-3 District.
SEC. 2.2.21 CORRIDOR MANAGEblENT OVERLAY DISTRICT (CMO]: SPECIAL REGULATIONS'
FOR PROPERTIES ABU'FTING GOLDEN GATE PARKWAY WEST OF SANTA
BARBARA BOULEVARD AND GOODLETTE - FRANK ROAD SOUTH OF PINE RIDGE
ROAD,
2.2.21.1 [~ur~ose and Intent. The purpose of this overlay district is to supplement existing.'zoning
regulations for prope~'lies bordering Golden Gate Parkway west of Sant~ Barhar~ Boulevard and
Goodlette~-Frank Ro~d south of Pine Ridge Ro~d. The overlay district will implement the urban
design concepts developed in the Corridor M~r,~gement Study for Goodlctte-Fnmk I~oad
Golden Gate P~dcway. These regulations recognize that two (2) separate.jurisdictions govern hind
uses in these corridors and are designed to develop greater consistency in design s~'~dards
between Collier County and the City of Naples.
2.2.21,2 A~Dlicabilit¥. Th.ese regulations apply ~ ~11 properties adjacent to the rights-of-Way of Goodlette-
Frank Rosd from US 41 to Pine Ridge Ro~l and Golden Gate Parkway from US41 to Sant~
Barb~r~ Boulev~xl ss messured perpendicular from the abutting right-of-way for a disumce of
three-htmdred and lhirty fee2 (330'). Except ~ provided in this regulation, all other use,
dimenslon,~! and development requirements shall be as required in the underlying zoning
c~tegories.
2.2.21.3
,., . 2.2.21.3.1 Goodlelte Frank R6~d. Fifty feet ($0').
2.2.21.3.2 Golden Ga~ Parkway,. Fi~y fee~ (.50') for the first floor of all commercial development, one
hundred fe~ (100') for the first floor of all other development except for properties zoned £s~ates
District (E), which sh~ll be se2b~ck seventy-five feet C/$').
2.2.21.3.3 As building height incre~uses, the front yard setback shall be increa~d by twenty-five feet
for each ~dition~! floor or buildings shall be stepped back to provide a vertical slope setback of
two to one (2: I). Single family residenc~ development shall b~ exempt from this provision.
· 2.2.21.4 Access. Two (2) w~y ingress and egress shall be a minimum of three-hundred thirty feet (330')
from the nearest street intersection (messured from intersecting right-of-way lines). One way
ingre, ss ~d egress shall be a minimum of one-hundred ~d fifty feet (150') from the nearest
im 0'4'.9 171
Collier County 2.66 Oc;t,ber $0, I~!
l.~nd Development Code
intersection, if a property abuts a side street except that if the property is five (5) acres or less in
size, access shall be limited to the side street.
2.2.21.5.1 Goodlette-Frnnk Road.
1. The mLrdmum landscaping area shall be ten feet (JO') in width measured from the right-
of-way line.
2. Tr~e plantings shall consist of canopy trees with · minimum canopy spread of five feet
(5') and height of ten feet (10') at the time of planting. Trees must be placed every thirty
feet (30') in landscaped areas.
3. Palm trees may not be substituted for canopy trees.
4. LancLscape designs shall incorporate the use of xcriscape plant materials species as listed
in the Xeriscape Plant Guide published by the South Florida Water Management District.
2.2.21.5.2 Golden Gate Parkway.
1. The minimum landscaping area shall be twenty-five feet (25') in width as mea.sur~! from
the right-of-way line except for single family homes in the Estates District (E).
Provisional uses approved in the Estates District (E) shall be subject to the minimum
landscaping requirements.
2. Tree plantings shall replicate indigenous native species or be compatible with the e~isting
vegetation and have a minimum of a twenty foot (20') canopy at maturity.
3. Two (2) slash pines may be substituted for one (1) canopy tree provided each tree is ·
minimum of eight feet (8'} in height with a four foot (4') spread at time of planting.
· . 4. A minimum of eighty-five percent (85%) of the existing native vegetation within the
landscape area must be retained.
2.2.21.5.3 PUD's. In certain instances, Planned Unit Developments (PUD's) ma~, fulfill the intent of this
section through the implementation of an urban design concept as an alternative to the landscape
and buffer requirements. The Development Services Director shall recommend an exception to
this section be granted if the development meets the intent by creating a continuous, coordinated
visual image through distinctive design features such as golf courses, water features, parks, or
other visually attractive buffers or open space.
2.2.21.5.4 Scrtenin~ and W~IIs. Vegetative screens are required within the minimum setback areas with a
raiaimum height of two feet (2') and a maximum height of four feet (4'}. Perimeter walls are
permitted provided they are at least seventy-five percent (75%) .,,creened by plant materials or
CouRier County 2-67 Oclober JO, 1991
~ Development Code
2.2 ~oolplt ~)f(rrfcu. Pertained ~l~e$, Cow. ll~t~nl Use~. Dlrnendtmal Stamtprd~
buffered by berming. Entrsnceway walls are permltte~, without screening for a distance of fifty
feet (50') from such entnmces.
2.2.21.6 s~gll[. As permitted in Div. 2.5.
:l.2.21,6.1 Goodlette-Frank Road. As permitt~l in Div. 2.5.
:1.2.21.6.2 ~olden Gate Parkway. Property identification signs shall not be highcr than four feet (4') above
the ground or exceed sixty (60) square feet per side in size. Post mounted signs shall not be
~llowed. Signs shall be set back a minimum of fifteen feet (15') from the road right-cfi-way.
SEC. 2.2.22 MOBILE HOME OVERLAY DISTRICT (MHOi: SPECIAL REGULATIONS FOR MHO
IN RURAL AGRICULTURE (A} DISTRICTS.
2.2.2.2.1 Puruose and Intent. This section 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 section shall be erected only in the 'A' Rural Agricultural District ~nd ordy
when the requirements and procedures of this section are met. ...
:1.1.22.1 Establisl~l of Mobile tlome Overlay District fMHO). An overlay zoning classif~ication to
be known as 'Mobile Home Overlay District (MHO), and to be designated on the Official Zoning
Atlas by the symbol 'MHO' together with the symbol of the basic zoning 'district which it
overlays, is hereby established. The placement or removal of this overlay district shall be
governed by the procedure for amending the Zoning Code and the Official Zoning Atlas as
prescribed in Sec: 2.7.2.
2.2.22.3 Mini,mum Zoned Area Reouired For MHO Overlay District. The minimum area that may be
petitioned for rezoning to the MHO Overlay District shall be forty (40) acres. However, acreage
and ~tbsck requirements must comply with the base zoning district for each individual lot of
record within the established overlay district.
2.2.22.4 ]'rocedure for Establishirm District. Upon petition to the Board of County Commissioners,
signed by a minimum of fifty percent (505~) plus one (1) of the property owners in the proposed
" overlay district, the Board of County Commissioners may place the MHO overlay District on the
described petitioned area.
' SEC. 2.2.23 AIRPORT OVERLAY DISTRICT eAPO): SPECIAL REGULATIONS FOR SPECIFIED '
AREAS IN AND AROUND TIIE AIRPORTS IN COLLIER COUNTY.
2.2.23.1 Puruose and Intent. Certain areas in Collier County, Florida, require special regulation to
prevent hazards which endanger the lives and property of users of the airports and of occupants
of land in their vicinity and which, if of the obstruction type, reduce the size of the area available
for the t,~dng off, maneuvering and landingof aircraft, thus tending to destroy or impair the utility '
of the airports and the public investment therein. Accordingly, it is hereby declared:
2.2.23~1.I That the creation or establishment of airport hazards and obstructions are a public nuisance and
an injury to the County;
Collier Coun~ 2-68 October $0. J
Land Development Code
2.2.23.1.2 That it is necessary, in the interest of public health, public safety, and general welfare, that the
creation of airport obstructions, haz,~rds and structures be prevented;
2.2.23.1.3 That it is necessary in tho interest of public health and welfare that the establishment of
incomp~.tiblo land uses be prevented in Ibc ~ defined as the Airport Nose Area (65 LDN),
and/or the accident potential hazard areas;
2.2.23.1.4 That the prevention of these obstructions, structures Md incompatible land uses should be
accomplished, I~ the extent legally possible, by the exercise of the police power without
compensation; and
2.2.23.1.5 That in addition to the regulation al{plicable to land zoned, as indicated in the Official Zoning
Atlas, the following regulations ar~ additionally applicable to lands in the County in the vicinity
of the N~plea, Everglades, Marco Island and lmmokalee (Ed Scott Airfield) Airports as indicated
on the Airport Zoning Maps of Collier County. l.~nds lying within various zones as indicated on
the Airport Zoning Maps are subject to the additional regulations set out in this section.
2.2.23.2 Air~orl Zones and Airsoace Hei~,ht Limitati0n*. In order to carry out the provisions of ~his
Zoning Code, ther~ are her~y crc&ted ~d established certain zones which include all of the land
lying beneath the approach, transitional, primary, horizontal and conical surfaces as they apply
to a particular airport. Such zones are shown on the Naples, Marco Island, Everglades, and
lmmokale~ Airport Zoning Maps and declared to be made a part of this Zoning Code.
Zoning Map A: Naples Airport
Zoning Map B: Marco Island Airport
Zoning Map C: Everglades Airport
Zoning Map D: Immokalee Airport (Ed Scott Airfield)
An Area located in more than one of tho described height zones is considered to be only in the
zone with the most restrictive height limitation. Tho various zones are hereby established ~md
defined as follows:
.. 2.2.23.2.1 Prlmarv Zone. Aa area longitudinally centered on a runway, extending two hundred (200) feet
beyond each end of tho runway with tho width so specified for each nmway for tho most pre~ise
approach existing or planned for either end of tho runway. The width of each primary zone is as
follows: .
Collier CourtO, 2-69 October JO. 1991
la~l O~vetoprnent.Code
~fv~f~ Z, 2 Zonlnt Dl~tr~fgt, IScr~nltted t/se.~, Conditional fJse#, plmcnstoqa! Stan~l, ards
PRIMARY ZONE WIDTH {feet)
AIRPORTS RUNWay TYP~ , WIDTH
Naples 13-31 OTHER THAN UTILITY/NON-PRECISION
INSTRUMENT 500
4-22 OTHER THAN UTILITY/PRECISION
INSTRUMENT 1000
Marco Island 17-35 UTILITY/NON-PRECISION INSTRUMENT '~ 500
Everglades 15-33 UTILrTY/VISUAL 250
Immokalee 9-27 OTHER THAN UTILITY/NON-PRECISION
INSTRUMENT .. 500
18-36 OTHER THAN UTILITY/NON-PRECISION
INSTRUMENT 500
4-22 UTILITY/VISUAL 250
1. primary Zone Heieht. No -tincture or obstruction will be permitted within the prirr~ry "--
zone that is not part of the landing ~md take-off area and is of greater, heigh~ th~n th~
n~t point on the runway centerline.
~,.
2.2.23,2.~l ~[RiilIIlltIIL~.d/I~, The area around each public use airport with an outer boundary, the p~nmeter
of which is constructed by swinging arcs of specified radii from the center of each end of the
primacy zone of each airports' nmways and connecting the adjacent arcs by lines tangent to those
arcs. The radi~ Of each arc is as follows:
HORIZONTAL zONE RADIUS fleet)
A~RPORTI; 8yHW^Y TYPE RADIUS
Naplea 13-31 OTHER THAN UTILITY/NON-PRECISION
INSTRUMENT 10,000
4-22 OTHER THAN UTILITY/PRECISION
.. INSTRUMENT 10,000
'Marco Island 17-35 UTILITY/NON-PRECISION INSTRUMENT 5,000
Everglades 15-33 .. UTILITY/VISUAL 5,000
Immokalee 9-27 OTHER THAN UTILITY/NON-PRECISION
INSTRUMENT 10,000
18-36 OTHER THAN UTILITY/NON-PRECISION
INSTRUMENT 10,000
4-22 UTILITY/VIS UAL 5,000
1. Horizontal Zone Height. No structure or obstruction will be permitted in the horizontal
zone that has a height greater than one hundred fifty (150) feet 'above the airport height.
2.2.23.2.3 Conical Zone. The area extending outward from the periphery of the horizontal zone for a
distance of four thousand (4,000) feet.
Collier County 2.70. October 30. 1991
~ Development code
~vl~an 2.1 ~onlnt Olttrfctt. Pft'mlne~ ~t¢~, ~o.ndltl.c. nat t~tet. Otmen~lonot Standantt
1. Conical Zone Height Height limitations for structures in the conical zone are one
hundred fifty (150) feet above airport height at the inner boundary with permitted height
incr~tsing one (1) foot vertically for every twenty (20) feet of horizontal distance
measured outward ft'om the inner boundary to a height of three hundred fifty (350) feet
above airport height at the outer boundary.
2.2.23.2.4 Auoroach Zone. An am longitudinallycentered on the extended runway centerline a~d extending
outward from each end of the primary surface. An approach zone is designated for each runway
bas~! upon the type of approach available or planned for that runway end.
1. ~t)uroach Zone Width. The inner edge of the approach zone is the same width as the
primary zone: The outer width of the approach zon~ is prescribed for the most precise
approach existing or plann~ for that runway end expanding uniformly to the following
widths:
APPROACH ZONE WIDTH (f~O
AIRPORTS RUNWAY TYPE ' .. WIDTH
Naplea 13-31 OTHER THAN UTILITY/NON-PRECISION
INSTRUMENT 3,500
4 OTHER THAN UTILITY/NON-PRECISION
INSTRUMENT 3,500
22 OTHER THAN U'I'ILITY/PRECISION
INSTRUMENT 16,000
Marco Inland 17-35 UTILITY/NON-PRECISION INSTRUMENT 2,000
Everglades 15-33 UTILITY/VISUAL 1 ;250.
Immokalee 9-27 OTHER THAN UTILITY/NON-PRECISION
INSTRUMENT 3,500
18 OTHER THAN UTILITY/NON-PRECISION
INSTRUMENT 3,500
36 OTHER THAN UTILITY/VISUAD 1,500
4-22 UTILITY/VISUAL 1,250
" 2. Aooroach Zone Len~_ths. The approach zone extends for the applicable horizontal
distance as follows:
Collltr Caunty 2-71 . October $0, 1991
~ Devetopment Codt
APPROACH ZONE LENGTH (feet)
AIRPORTS RUNWAy TYPI~ WIDTH
Naples 13-31 OTHER THAN UTILITY/NON-PRECISION
INSTRUMENT 10,000
4 OTHER THAN UTILITY/NON-PRECISION
INSTRUMENT 10,000
22 OTHER THAN UTILITY/PRECISION
INSTRUMENT 50,000
Marco Island 17-35 UTILITY/NON-PRECISION INSTRUMENT 5,000
Everglades 15-33 UTI LITY/VISUAL 5,000
lmmokalee 9-27 OTHER THAN UTILITY/NON-PRECISION
INSTRUMENT I0,000
lg OTHER THAN UTILITY/NON-PRECISION
INSTRUMENT 10,000
36 OTHER THAN UTILITY/VISUAL 5,000
4-22 UTILITY/V. ISUAL 5,000
3. Aoproach Zone lleh~hl; Permitted height limitation within the approach zbne shall not
exceed the runway end height at the inner edge and increases uniformly with horizontal
distance outward from the inner edge as follows:
APPROACH ZONE HEIGHT
AIRPORTS RUNWAY TYPE WIDTH
Naples 13-31 OTHER THAN UTILITY/NON-PRECISION
INSTRUMENT 34:1
4 OTHER THAN UTILITY/NON-PRECISION
INSTRUMENT 34: I
22 OTHER THAN UTILITY/PRECISION
INSTRUMENT 50:1/40:. 1
· Marco Island 17-35 UTILITY/NON-PRECISION INSTRUMENT 20:1
Everglades 15-33 UTILITY/VISUAL ' 20:1
'. Immokalee 9-27 OTHER THAN UTILITY/NON-PRECISION
INSTRUMENT 34:1
18 OTHER THAN UTILITY/NON-PRECISION
INSTRUMENT 34: I
36 OTHER THAN UTILITY/VISUAL 20: I
4-22 UTILITY/VISUAL 20:1
I. Pro;ision Instrument Runwavfs). one (I) foot vertically for every fifty (50) feet
horizontally for the first 'ten thousand (I0,000) feet increasing to one (I) foot vertically
for every forty (40) feet horizontally for an additional forty thousand (40,000) feet.
2. N0n-pr~ision ln.,~trument Runway(s}. one (1) foot verlically for every thirty-four (34)
Collier County 2- 72 October JO. 1991
Land Development Code
3. ~ulaL~l~Uy.~. one (1) foot vertically for every twenty (20) feet horizontally.
2.2.23.2.5 ~:~g~tJ~aL~. The area extending outward from the sides of the primary zones and approach
zones connecting them to the horizontal zone or for a horizontal distance of five thousand (5,000)
feet from the side of the part of the precision approach zone that extends beyond the conical zone.
1. Transitional Zone Heltht. Height limits within the transitional zone are the same u the
primary zone or approach zone at the boundary line where it adjoins and increases at a
rate of one (I) foot vertically for every seven (7) feet horizontally, with the horizontal
distance measured at right angles to the runway center line and extended centerline until
the height mat~:hes the height of the horizontal zone or for a horizontal distance of five
thousand (5,000) feet from the side of the part of the precision approac~ zone that
extends beyond the conical zone.
2.2.23.2.6 ~. In addition to tbe.height limitations imposed in 2.2.23.2.1 through 2.2.23.2.5
above, no structure or obstruction will be permitted within Collier County that would cause a
minimum obstruction clearance altitude, a minimum de,scent altitude, decision height or a
minimum vectoring altitude to be raised nor which would impose either the establishment of
restrictive mini mum climb gradients or nonstandard taJce-o ff rninimums. Ail development proposals
witl~in Me unincorporated area around the Naples Airport that include construction over 200 feet
above ground level or construction at a height greater than a slope of I00 to I for a horizontal "'-
distance of 20,000 feet from a runway will be submitted to the Naples Airport Authority four
review at building permit stage. The horizontal distance of 20,000 feet is depicied in-~,.ppendix
I, Map A of this Code.
2.2.23.3 Airoort Land Use Restricti~r-~
2.2.23.3.1 Notwit~tanding ~ny other provision of t~is Code, no use may be made of land or water within
any zones established by this Code in such a manner ~s to interfere With the operation of an
airborne aircraft. The following special requirements shall apply to each permitted use:
1. ,&Il lights or illumination used in conjunction with street, parking, signs or use of land
or structures shall be arranged and operated in such a manner that it is not misleading to
pilots or da,qgerous to aircraft operating from a public use airport or in the vicinity
t~ereof.
2. No operations of any type shall produce smoke, glare or other visual imp~rirment to pilot
within thr~ (3) miles of any usable runway of a public airport.
3. No operations of any type shall produce electronic interference with navigation signals
or radio communication between the airport aircraft, or other air traffic control facility.
4. Land within accident potential hazard arcu (runway clear zones) shall be prohibited from
use for high density residential use, schools, hospitals, storage of explosives, or
flammable material, as.~mblage of large groups of people or any other use that could
produce a major catastrophe as a result of an aircraft crash.
[.and Dc~'~lop~ Code Oc'~obcr JO, 1~1
5. Based on the possibility that landfills may aRract birds any landfill located so that it
places the runways mad/or approach mad departure pattern of an airport between bird
feeding, water or roosting areas shall be considered as an incompatible use and is
t~refore prohibited in ~md around the airports in Collier County.
2.2.23.3.2 Qbstruction btarkine and Li2htirm. Any permit or variance granted pursuant to Sec. 2.7.5 shall
require the owner to mark and light the structure in accordance with FAA Advisory circular 70-
7460-1 or subsequent r~visions. The permit may be conditioned to permit Collier County, at its
own expen.,',e, to install, operate and maintain ~uch markers and lights as may be neces~ry to
indicate to pilots the presence of an airspace obstruction if special conditions so wan'mat.
2.2.23.3.3 Variances. Any person de.siring to erect or increase the height of any structure or use his property
not in accort~ce with the regulations prescribed in this ordinance may apply to the Board of
Zoning appeals for a variance from ~uch regulations pursuant to Sec. 2.7..5.
2.2.23.3.4 l~onconfonning Uses: Rex, ulations not Retroactive The regulations prescribed by this'Section
~11 not be construed to require the removal, lowering or other changes or alteration of may
structure not conforming to the regulations as of the effective date of this Section as amended, of
to otherwise interfere with the continuance of may nonconforming use. Nothing herein l~ontained
shall require any change in the construction, alteration, or intended use of any structure, the
construction or alteration of which was begun prior to the effective date of the amendmerg ~)f this
ordinance, and which has been issued a building permit which is diligently pursued.
2.2.23.3.5 Future Uses. Except as specifically provided herein, no material change shall be made in the use
of land and no structure or tree shall be erected, altered, planted or otherwise established in any
zone hereby created except in compliance with these requirements.
2.2.23.3.6 ~. No building permit shall be grtnted that would allow the establishment or creation
for an airport hazard or permit a nonconforming use or structure to be made or become higher,
or to become a greater hazard to air navigation than it was on the effective date of this section.
2.2.23.4 Haoles Municionl Air~ort Noise Zones. Land Use Restrictions. Sound Level Reoulrements
· . ¢SLR) for Buiidin.~s or Structures. and SLR Desi2n R~uiremenls.
2.2.23.4.1 Purpose. Tho purpose of this section is to establish standards for land use and for sound level
reduction requirements with resp,~ct to exterior noise resulting from the legal and normal
operations at the airports within Collier County. This section establishes noise zones of differing
intensities and land use in the vicinity of the Naples Municipal Airport, as identified in the most
recent Naples Airport Part 150 Study; establishes permitted land uses in the noise zones;
establishes sound proofing requirements for residential development within the noise zones; and
establishes notification procedures to prospective purchasers of real estate within the noise zones.
2.2.23.4.2 ' Ai _rport Noise Zones.
1. Noise Zones. There are hereby created and established three (3) noise zones; Zone A,
Zone B and Zone C. Such zones are shown on the Naples Airport Noise Zones Map(s)
which are incorporated and made a part herein and are described in Sec. 2.2.23.4.2.2
Colfler County 2-74 October $0, 1991
l.~nd Development Code
~MyLdon 2.2 Zo~ln, Dfi~rf,;~l. Pertained U~cs. Condlri,*,,a! Uses.
below. The noise zonc~ contained herein are based on a projection of future noise
environ ,merits arising from aircraft flight operalions at the Naples Airport.
2. ~/gj~e Zone Boundaries.
1. Zone A. that area commencing at the outermost boundary of the airport and
extending outward therefrom to a boundary indicated on the Noise Zone Map
as 'B'. The outer contour of Noise Zone A approximates a noise level of 75
Ldo.
2. Zone B. that area 'commencing at the boundary indicated on the Noise Zone
Map u the outer boundary of Noise Zone A and extending outward therefrom
to the boundary indicated on the Noise Zone Map as 'C'. The outer contour of
Noise Zone B approximatea a noise level of 70 Ldo.
3. Zone C. that ,.rca conmw~cing at the boundary indicated on the Noise Zone
Map u the outer boundary of Noise Zone B and extending outward therefrom
to the furthermost boundary indicated on the Noise Zone Map. The outer
contour of Noise Zone C approxirnatc$ a noise level of 6:5 Ldo and is hereafter
established as the Naples Airport Noise Zone.
3. A~gllcaLion. Where boundaries of a de.scribed noise zone are shown to extend over a
postioo, but not all of a platted lot or unsubdivided property, the owner or owners of the
emire property will be notified of potential noise impact in accordance with Sec.
2.2.23.5.
Where boundaries of more than one described noise zone are shown on a platted' lot or
unsutxlivided property, provisious of the most restricted zone shall apply.
2.2.23.4.3 Land Use Restrictions.
~ I. Permilled and Restricted Activities. All land uses shall be permitted in thc noise zone
'- pursuant to the applicable zoning district and as provided in the Activities and/or Land
Use Guidance Chart made a part hereof. Those activities and land uses not specifically
listed in the L~nd Use Gui.dance Chart are permitted or restricted in thc noise zones based
on their similarity to noise tolerance u exhibited by thc activities and land uses which
are listed in the Guidance Chart.
2. Noncord'ormin~ Uses. The regulations prescribe~d by this section shall not be construed
to require the sound conditioning or other changes or alteralion of any preexisting
slructure not conforming to this part u of the effective date of this section or to
otherwise interfere with the continuance of' any such preexisting nonconforming use.
No~hing herein contained shall require any such change in the construction of or
alteration of a structure which hu commenced construction prior to the effective date of
this s~ction and which is diligently pursued.
m 0'49 . :t80
Collier County 2-75 October JO. 1991
1.and Dtvelopment Code
2.2.23.4.4 Sound Le,t¢l Re~ulremenLs fSLR) for Buildin~ or Structures.
1. ~;co~oe of Rea_uiremen~. The provisions of this section shall apply to the construction,
alteration, moving, demolition, repair and use of any building or structure within
unincorporated Collier County except work located primarily in a public right-of-way,
on public utility lowers, poles and mechanical equipment not specifically regulated in this
section. Additions,.alteratioias, repairs, and chal~ges of use in all buildings and structures
shall comply with the provisions of this section.
2. Existin~ Buildings or Structures. Buildings or structures constructed prior to the
sdoption of this amended Section, to which sdditions, alteration, or repairs Ire made to
the exterior walls ~md c~ilings of rooms having one or more exterior walls ~r ceilings.
shall be required to meet the SLR requirements of ;his section.
1. Alterations or repairs which are non-structural and do not affect tl~e exterior
walls or ceilings of an existing building or structure may be made with the same
rnatcrisls of which the building or structure is constructed and shall'not be
required to meet SLR requirements.
2. Buildings in existence at the time of the ~loption of Ihis section may have thei.~
existing use or occupancy continued if such use or occupancy was legal at the
time of adoption of this section provided such continued use is not chtnge~us to
life. A change in the u~ of a structure may require additional sound level
reduction.
3. ~]_l~l~. Buildings or structures moved into or within the vicinity of the
established Noise Zone must comply with applicable provisions of this section.
4. Aooroval of T~_oes of Construction.
1. The Development Sen4ces Director, or his designee, may approve any types of
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 ~,semblies
~ having the South Transmission Class Ratings specified in Table 403.2,
'Minimum Sound Tnmsmission of Assembli.es', of the Southern Building Code
Congress International, Inc. Standard for Sound Control, SSTD 8-87,
incorporated herein and adopted by reference as Appendix IV.
· 2.2.23.4.5 SLR Desima RequiremenLs.
1. General Requirements. The SLR requirements of the Land Uso Guidance Chart at
Appendix !II may be achieved by. ~ny suitable combination of building design, choice' of
building materials and execution of construction details in accordance with established
architectural and acoustical principles. The SLR reqniremcnts shall apply to the exterior
· walls and ceilings only of all rooms having one or more exterior walls or ceilings.
Regulations to achieve the SLR requirements specified in Appendix III, shall be found
ee
CollJ~r Coney 2.76 October $0. 1991
~ Development Code
in Appendix IV of this amendment and shall .be use. d by the Development Services
Director or his designee, during the building plan review proce.~s.
2. ~[~tln~ SLR Re~]ulremenL, s. No.building or structure for which an SLR 25, SLR :30,
or SLR 35 is required by Appendix II! of this Amendment may be constructed, altered,
moved, demolished, or repaired unless and until a building permit has be~cn i~qued. No
such permit shall be is.hued unless and until the requirements contained in Apl'~ndix II!
are met az indicated by plans and specifications for the building or structure. Such plans
and specifications shall result in a Sound Level Reduction for the applicable exterior walls
and ceilings only of room(s) having one or more exterior walls or ceilings, at least as
great az the SLR value speci.fied in Appendix Ill for the particular u~ge involved. Tbe~
plans and specifications shall be revi~,ved during the building plan review process in
accordance with the Sound Transn~ion Ratings specified in Table 403.2 of Appendix
IV of this Amendment.
2.2.~.3,4.6 Administration and EnforcemenL
i. General Resoort~ibi]il|es. The Development Services Director, or his designee, prior to
granting final ,pproval must verify that the sound level reduction (SLR) of the building
complies with Sees. 2.2.23.4.4 - 2.2.23.4.5.
· 2.2.23.5 ~9tlricatlon of Potential Noise lmoact.
I. Public notice of the exislence of maps depicting noise impacted areas shall be Published
al least three (3) times in a newspaper of general circulation in Collier County,'as
provided in Public Law 96-193 (49 USC 2107).
2. The Naples Airport Noise Zones shall be identified on Collier. County's Zoning Maps
(95:25S, 9527S, 9534N, 9534S, 9525N, 9535S, 9536N, 9536S, 050IN, 050IS, OI02N,
0102S and any revisions or reconfiguratious thereof) a~d shall be available to the public
at the Collier County Community Development Services Division.
.. 3. Upon adoption of this Code or any subs~iuent revision of the maps and legal descriptions
depicting potential noise impacted areas, the County Manager or his designee shail rec~)rd
a notice of potential noise impacted areas together with maps d~picting the noise impacted
arras and legal description of the noise contours shown thereon. This shall be used to
pre)vide constructive notice to existing and prospective purchasers of property within the
noise impacted area. Upon amendment of the Noise Zones, subsequent notice shall be '
provided.
4. Notice of potential noise impact along with maps depicting noi~ impacted areas and legal
description oftbe noise contours shall be furnished to the Collier County Bar A~ociation,
· Board of Realtors and to others upon request.
Collier County 2-77 October JO. 1991
~ Development Code
~vitto. 2.2 Zonln£ Dtttrqc~t. Permitted I]sF~, Co~tgonal tibet, ~lme~lonat Sta~a~
~C. 2.2.~ S~C~L ~EAT~ O~RLAY Dl~Rl~ (~: SPECIAL REG~ATIONS FOR
AREAS OF ENVIRONME~AL ~NS~IV~Y AND LANDS A~ ~RUCTURES OF
HI~ORICAL A~/OR ARCHAEOLOGICAL SIGNI~CANCE A~ T~ BIG C~RESS
A~A OF CRWICAL ~ATE CONCE~.
2.2.~. 1 ~ and lntenl. Within Collier Counly the~ a~ cc~in arvn. which ~au~ of their unique
~mblag~ of flo~ ~d/or fauna, their ~thetic ap~l, historical or arch~logica] si~ific~ce,
nfity in Collier County. or ~eir ~ntfibution to their o~ ~d adjacent ~osyste~, ~e them
wo~hy of ~ial ~latio~. Such ~lations a~ di~t~ toward the co~ation, ~rot~tion.
~d pr~atioa of ~logi~l, ~d ~tional valu~ for the gr~t~t ~nefit to the ~ple of'
Collier ~ty. Such a~ include, but are not n~fily Ii.tM to ~grove ~d fr~h water
~amps, ba~er isl~, hardw~ ha~, xe~c ~mbs, coa~l ~ch~, ~, cypr~
do~, na~nl dninage ways, ~uifer ~,rge a~ ~d l~ds ~d ntmcmr~ of histo~l ~d
a~h~logi~! si~ifi~ce. ~e pu~ of t~s overlay dist~ct repletion is to ~re the
pr~ation ~d ~inten~ of th~ envi~n~l ~d cultural r~urc~ ~d to en~urag~ the
p~ation of the int~o~ ~]ogio] ~lationships within the syste~ ~d at the ~me time ~t
th~ ty~ of devilment which ~ll hold ch~g~ to I~vels d~te~n~ accep~ble by the Board
of Co~ty ~ione~ a~r public h~ng. ~ .'
2.2.~.2 "~" ~ Zoni~ Or.lay DHOW: ~ie~fion of "P-~" ~n~. O~i~ion of "ACSC~"
2.2.~.2.1 ~blh~mt of ~ Or.lay Dhtd~. ~ overlay ~ning district cl~ifi~tion to ~ ~o~
&e 'ST' S~i~ T~t~t ~erlay Digfict, ~d to ~ d~i~at~ on the Official ~g Atl~
by &e sym~l 'ST' ~ge~er ~ ~ sym~l of ~ b~ic ~ning district which it overlays, is
he.by ~bli~. ~is overlay district cl~ifi~tion ~ll ~ ~ for th~ I~ of
envim~l ~itivity ~d hi~l ~d arch~logi~l si~ifi~ce wheg ~e ~ntial
~ologi~ or culmnl value of ~ I~d is not M~tcly prot~tM under the b~ic ~ning district
~latio~ ~blish~ by this ~e or by o~in~. ~ piece.at or ~val of this overlay
~ng distEct shall ~ govemM by the p~ug for amending the ~ning C~e ~d ~e Official
~aing Atl~ ~ p~ ~ Div. 2.7.
" 2.2.~.2.2 ~bl~t of P-~ Overlay D~t~. For pu~ of identifying I~d from w~ch the
r~identiai devclop~nt Hgha have ~n t~fen~, ~ch I~ds shall ~ d~ignat~ on the Official
~ning Atl~ by affixing the Iet~r 'P' for pr~ation to thc sym~l 'ST', th~ly 'P-ST'. Such
d~i~tion s~ll ~ pl~ on the I~d after the Board of County Co~i~ioners h~ a~cpt~ th~
d~ ~d/or ~t~ to ~id pm~y.
2.2.~.2.3 ~bl~ent of ACSC-~ Or.lay Distdct. In ~r~ce with S~. 380.05, FIod~ Smmt~
~d ~p~r 73-131 M~ of FIod~, the Ad~nistntive Co~ission i~titut~ re~latlons for the
Big Cyp~s ~ of Cdti~l S~te Con~m (ACSC). ~e pu~ of th~ rcgulatio~ is' to
~n~e ~d pmt~t tho na~nl, environ~n~l ~d ~onomic r~urc~ of tho Big Cyp~ Ar~.
Fu~e~, th~ ~gulatio~ a~ to provide a I~d ~d water ~agcment system that will
p~e water q~lity, provide for the optimum utili~tion of the li~t~ water r~um~ of tho
ar~, facili~te orderly ~d well pl~ development, ~d profit thc h~lth, ~fcty ~d welfare
of rcsiden~ of the S~te. Chapter 27F-3 of the Florida Administrative C~c ~sablishcs cNtcHa for
site alteration, drainage, trisection f~iliti~ ~d stmctur~ installation. ~e~ ~ghlations ar~
~Her ~ - ~-~8 ~ ~ ~ ~tober 30.
~ D~pment C~e
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.
2.2.24.3 Permissible Uses on "ST" Lands.
2.2.24.3.1 General.
1. I.~nd designated 'ST" shall be used only for the permitted
principal use, the permitted accessory use, and/or the
permitted conditional use under the basic underlying zoning
district classification of such land. In all other cases,
temporary uses, such as hunting cabins, as defined in this
Code, may be permitted.
2. The consideration of an application lbr a permitted conditional use shall be subject to a
public hearing. This hearing may run concurrently with any public hearing required by .-
Ihis section or may be held at a separate time. ~. --
3. The fact that a use is permitted under the basic zoning district classification shall confer
no right to the property owner for such use unless such use is specifically approved as
a condition of approval ora site alteration plan and/or site development plan by the Board
of County Commissioners as provided in Sec. 2.2.24.5 and 2.2.24.6.
· 2.2,24,3.2 Develoomenl Standards and R~ulations for ACSC-~I'. All development orders issued within
the ACSC-ST Area shall comply with or be more restrictive than Chapter 27F-3, Florida
Administrative Code, as amended, 'Boundary and Regulations for the Big Cypress Area of
Critical State Concern,' as set forth below:
I. Site Alteratigq.
a. Sit~ 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. ·
b. A~y 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.
c. Soils exposed during site alteration shall I'~ stabiliz, ed 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 included are listed l'view.
Collier Courtly 2-79 October JO, 1991
Land Development Code
~ 2.2 ,.
' A~t~li~ Pine (~dn~ ~.)
Bish~ (Bi.hefts jarvik)
B~li~ Pcp~r (Shinus tc~binthifolius)
Malaleu~ (Mvlaleuo ~.}
Do~y Ro~myNle (~omv~s tomento~)
~l~f A~ia (A~ia
~law Mim~ (Mim~ ~
Java Plum ($v~eium gumini}
d. No ~g~ve t~ of ~lt ~mh g~ shall ~ d~troy~ Or othe~i~
PI~ ~ifi~ly p~t~ by ~s ~lation include: All wctl~d pl~ list~
by ~e Flofi~ ~~t of Environed! Re~lation in ~apter 17-301,
Flod~ Ad~nistmtiv~ C~e, ~ a~nd~.
e. Fill a~ ~d mla~ dr~ge or ~ow ~nds shall ~ ali~ aubs~tially in
the dir~tion of I~I ~d~e water flows ~d shall ~ ~pa~t~ from o~cr fill
a~ ~d ~n~ by ~alte~ a~ of vege~tion of compa~ble si~. D~ge or
~w ~n~ shall ~vide for the ~!~ of sto~ watem $ sh~t flow f~m
~e do~t~m ~d into unal~ a~ of vege~tion. A~ ~ to ~d
~ fill a~ s~[l p~vide for the p~g~ of water in a mcr
approxi~t~g ~e na~l flow ~gi~ ~d d~i~ m ~o~te the 50 y~r
sto~. Fill a~ ~d ~lat~ ~n~ shall not ~bs~tially re.in or dive~ the
ti~l flow ~ or to a slough or stmd or si~fi~tly im~e till action M ~y
~ion of ~e ~fine ~ne.
M~ ~e I~, ~n~ or o~cr con~in~t works shall ~ ~nstmct~ ~
a ~imum slo~ of 30 dcg~ to a depth of six f~t (6') of ~tcr. ~cn
~ncml ~xt~tion i$ ~mplc~ in n~ q~ing I~, ~o~lin~ slop~g,
pl~tMg of litto~l shclv~ wi~ num~ gro~ aq~tic vcgc~tion, r~to~ion or
mvcgc~tion of ~ pm~y, ~d di~MI of ~ils or ~ilings shall ~ ~mplct~
~fom ab~donm~t of th~ sit~. Existing q~ing I~ am exempt f~m ~is
p~vision, ex.pt ~t whenever ~y ~n ~ out ~ activity dcfin~ in
S~.' 380.~, Fla. S~t., u a~d~, u dcvclopmcnt or appli~ for a
dcvclop~nt ~t u dcfin~ in S~. 380.031, Fla S~t., u amendS, to
dcvclop ~y existing q~ing I~c a~, th~ rcgulations shall apply2
g. Finger ~al$ shag not ~ co~tmct~ in thc ACSC-~T Ar~.
2.
a. Existing d~Magt fKili{i~ shall not ~ ~ifi~ ~ u to di<hargc water to ~y
couP! watch, ci~cr di~tly or though existing d~inago faciliti~. Existing
d~inago fKilitiM sh~l not ~ cxp~d~ in capacity or length except in
~nfo~ ~th ~b~tion 2 i~iatcly following; however, m~ifi~tions
~y ~ ~ to cxisting faciliti~ that will rai~ the ground water ~ble or limit
Mit water int~ion.
~llter ~ 2~0 Octo~r JO, 1~1
~ Development C~e
b. New drainage facilities shall releas~ wa!er in a manner approximating the natural
local surface flow regime, through a spreader pond or performance equivalent
structure or system, either on site or to a natural retention or filtration and flow
area. New drainage facilities shah also maintain a ground water level sufficient
to protect wetland vegetation through thee use of weirs or l~erformance equivalent
structures or systems. Said facilities shall not retain, divert, or otherwise block
or charmel the naturally occurring flows in a strand, slough or e,.samrine area.
c. New drainage facilities shall not discharge water into any coastal waters whether
directly or through existing drainage facilities. '.,
a. Trtnsportation facilities which would retain divert or otherwise blo~'k surface
water flows shall provide for the re-establishment of sheet flow through the use
of interceptor spreader systems or performance equivalent structures and shall
provide for the passage stream, strand, or slough waters through the'use of
bridges, culverts, piling construction or perfornmnce equivalent structures or
systems.
b. Transportation facilities shall be, constructed parallel to the lOCal surface .flow,
and shall maintain a historic ground level sufficient to protect w~tland vegetation
through the use of weirs or performance equivalent structures or systems.
c. Transportation facility' construction sites shall provide for siltation and runoff
control through the use of settling ponds, soil fixing or perfornumce equivalent
structures or system$~
4. Structure Installation.
a. Placement of structures shall be accomplished in a manner that will not'
adversely affect surface water flow or tidal action.
b. Minimum Iow floor elevation permitted for structures shall be at or above the
I00 )'ear flood level, as established by the Administrator of the Federal Flood
[dSunmce Administration. The construction of any structure shall meet additional
Federal Flood Insurance Land Management and Use Criteria, 24 CFR 1910, as
amended, as administered by the appropriate local agency.
c. All Development Orders issued for projects within the Big Cypress Area of
Critical State Concern shall be transmitted to the State of Florida Department of
Community Affairs for review with the potential for appeal to the
Administration Commission pursuant to Chapter 9J-l, Florida Administrative
Code, "Development Order Requirements for Areas of Critical State Concern'.
2.2.24.4 port of the Islands. Port of the Islands is a development located within the Urban Designated
Area, but is also located totally within the Big Cypress Area of Critical State Concern. A portion
Collier County 2-81 October $0, 1991
1.and Development Code
D~wfa'lon 2.2 ~4~lnE Of titHers, Pertained f.]se$, ~ondl#onal Ltse~. Dlme~,.rlonal Stondard$
of the development 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 Dcl~rtment of Community Affairs d~ted
July 2, 1985, which reffulates 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.
2.2.2~.5 ~;ite Alteration Flan or Site Development Flan At)~roval Required. Prior to the clearing,
alteration, or development of any land designated 'ST' or "ACSC-ST", the property owner or his
legally designated agent shall apply for and receive approval of a site alteration plan or site
development plan, ss the case may be, by the Board of County Commissioners as provided in Sec.
2.2.24.6.
2.2.24.6 Procedur~ for Site Alteration Plan or Site Devel01~ment Plan Ai~l~roval for Developr~nl~ in
"ST" or "ACSC-ST" Designated l,~lnd.
2.'~.24.6.1 Pre-al~olicat;on Conference. Prior to filing a petition for site alteration or site development
approval of "ST" or 'ACSC-ST' land, the petitioner shall request and hold a pm-application
conference with the Development Services Director and appropriate County Staff. The pre-
application conference is for the purpose of ffuids~ce'and information, and for insuring insofar ss
is possible, that the petition is in conformity with these regulations. No petition for the site
alteration or site development approwl will be sccepted for formal processing until the
Developm.-..nt Services Director his reviewed the petition to determine that all required d~ta is
included; a n~nimum of thirty (30) clays shall be allowed for this phase of the review process.
2.2.2.4.6.2 Review and Recommendation b~, Develooment ,~er'~ices Director. PlanninR Commission an~l
Environmental Advisory Board. The Site Alteration Plan or Site Development Plan shall be
submitted to the Development Services Director who shall have it reviewed by the appropriate
County Staff. The Development Services Director shall then forward the Site Alteration Plan or
Site De'eelopment Plan ~'~d the County Staff recommendations to the Planning Commission and
the Environmental Ad.visory Board (EAB) for review and recommendation. Neither the Planning
Commission nor the EAB review shall requir~ a public hearing nor notice to the abutting properly
'. owners, but shall be held in a rei~lar meeting. The Plak'ming Commission and EAB
recommendations tod County staff recommendations shall be forwarded to the Board of County
Commissioners for final action.
2.2.24.6.3 Final Action by Board of County Commissioners. Final action on the Site Alteration Plan or
Site Development Plan lies With the Board of County Commissioners. The Board shall review the '
' proposed Site Alteration Plan or Site Development Plan in regular session and shall act formally
by resolution stipulating reasons for approval, or approval with modification, or denial of the Site
Alteration Plan or Development Plan.
· 2.2.24.6.4 Other Permits Required. The petitioner may at any time during the County review process apply
for the appropriate local, state and federal permits for the alteration or development of the subject
property.
Collier County 2-82 · October JO, 1993
Land Devetopmenl Code
2.2.~.6.5 Commenc~t of Sile AIt~fion or Site D~eloomen{. U~n ob=ining all r~uirM I~al.
~d f~¢~l ~mit= in order to ~lt~r or develop the mbj~t pro~y, lh¢ ~{ition~r my commenc~
alteration or dev=lopmenl in ~ccor~c¢ with tho ~nditions and r~uiremenm of ~id p=mits.
2.2.~.7 Subregion Reuuir~B for Site Alte~t[0n ~gn or ~it= Develooment ~an Approval for
Develoom~t in "~" or "ACSC-~~ D~i~na{~ L~nd. ~= following shall ~ submitt~ in a
~tition for site =Iteration or site develop~nt approval of 'ST' or 'ACSC-ST' land:
2.2.2&7.1 Sub~ion ~d approval of a Site Alteration PI~ or Site Development PI~ confining the
following = dete~nM applicable to the ~lition by the Development Se~ices Dir~tor:
1. Title of th= proj~t.
2. Na~ of the pmj~t pl~cr ~d dcvelo~r.
3. Date.
4. No~h dir~tional
5. Exit ~ey showing Ihe proj~t ~un~d~, ~y existing strut, wate~ cou~ or
~nm within or ~j~t to Ihe pro~ develop~nt. Develop~nm shall identi~,
pmt~l, ~d connie native vege~tive co~unitim ~d wildlife habi~t. Habimm
their ~un~fi~ shall ~ identifi~ on ~ aerial photograph of Ihe site. Habi~t
idcntifi~tion will ~ consistent with the Flod~ Department of Tms~mtion
~d U~ Cover ~d Fora Cl~ifi~tion System ~d shall ~ depict~ on ~ aerial
photograph having a ~ale of one inch ~1 to at I~t 2~ f~t when available from the
County, othello, a ~le of at I~t one inch ~1 to 4~ f~t is accep~bte.
Infomtion ob~in~ by gro~d-tmthing su~eys shall have pr~ence over infomtion
pre~nt~ through photographic evidence.
6. ~tion of all pro~ buildings ~d stmctur~ with dimensions showing ~lbacks
pm~dy lin~, roa~, water cou~ ~d other stmctu~ adjacent to the building(s).
7. A~ ~d traffic flow pl~.
8. Off-str~t parking ~d off-str~t loading
9. Pro~ ~r~ning ~d b~ffeHng.
10. Refu~ collation ar~ ~d mild w[~le.
12. ~tions for ~ch a~ ~ r~ui~ the B~ch Access Ordinanc~ No. 76-20 or it's
succ~r in hnction.
UtS& 188
Collier County 2-8.t October .Itl. 1991
Land Development Code
~ p~ticing I~d pl~r or environ~n~l con~Imt ~ my ~ appropfiat, to th,
2.2.~.7.2 T~ulation of to~! g~ ~ge in ~e pmj~t ~d ~e ~m~g~ their pm~ to ~ dcvot~
to ~e vado~ ~t~ ~; gm~d ~ve~ge by stmcm~ ~d im~ious ~ffa~ core,ge.
2.2.~.7;3 ~t~m~l definitio~ for t~ of buildings ~ the der,lop,hr; numar of dwelling uni~,
2.2.~.7.4 Compu~tion sh~t ~cluding ~e following ~:
3. Numar ~d fl~r a~ of ~i~ by ty~.
4. ~~ a~ ~ ~ provid~ ~clud~g ~y exist~g a~ of native Cege~on.
6. Numar 9f ~g ~.
~vi~ ~d.eval~tion of ~e Site Alt~tion PI~ or Sits Develop~nt PI~. Item shall
~ p~ by a Flofi~ ~giste~ m~eyor, engin~r, or amhit~t or p~ticing l~d
pl~er or envimn~l mml~t ~ ~y ~ appropfiato to the pa~icular item.
12. T~f,r of develop~nt figh~ ~ ~uir~ in S~. 2.2.24. I0.
13. Sub~ion ~d approval of ~ Environment! Impact Statement ~ r~uirM by Collier
~ty laws or ~latio~.
14. ~e develo~r shall ~ ~bj~t to Div. 3.9, t~/vege~tion'removal ~gulations, in
exist,n~ at the ti~ of ~tting), r~uifing a tr~ ~mval ~t prior to ~y I~d
cl~dng. A site cl~dng pl~ shall ~ sub~tt~ to the Development Se~ic~ Dir~tor
for his ~view ~d subj~t to approval in phis lo coincide with the ~evelopment
~h~ule. ~e site cl~fing pl~ shall indicts the ~tention of native vegetation to th~
.ffi 0'4'9& 189
Collier Co~ 2-~4. ~tob~r JO,
~ D~pme~
maximum extent practical and how roads, buildings, lakes, parking lots, and other
facilities I~ave been oriented to accommodate this goal. One criterion to be used in
evaluating the extent of native vegetation to be retained shall be a consideration of the '
land use.
15. Submission and approval of an excavation plan as'required by Div. 3.5, if applicable.
16. A Development of Regional Impact review as required by Chapter 3g0.06, Florida
Statutes, as amended, if npplicable.
17. An appropriate protected species survey using methodology of the Florida Game and
Fre~ Water Fish Commission shall be required. An appropriate protected species survey
should include considerations for species known or likely to occur in or around habitats
in the development areL
18. All exotic plants as defined' in Div. 3.9 shal| be removed during each phase of
construction from development areu, open space arm, and preserve areas: Following
site developmcnt, a maintenance program shall be implemented to prevent reinvasion of
the site by exotic species. This plan, which will describe control techniques and
inspection intervals, shall be filed with and subject to approval by the Community
Development Services Director in accordance with the standards established in Div. 3.9.
2.2.24.8 Exceptions. Where land ~ 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:
The proposed site alteration or site development will not require any modification of the
topography, drainage, flora, or fauna on the site.
2, 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 site alteration or site developed.plan approvals of over twenty (20)'acres shall be as required
in Sees. 2.2.24.4, 2.2.24.5, and 2.2.24.6.
2.2.24.9 M0dificnti0rl of Site Alteration Plan Or Site Develooment Plan, Any modification of the Site
Alteration Plan or Site Development Pltr~ as approved by the County, which would alter the intent
and purpose of these 'ST" regulations, requires the procedure and approval as if for a new
petition.
2.2.24.10 ~'rnnsfer o~' Develol;)ment Riszhts, An owner of land desiguated as 'ST' may elect to transfer
some or all of the residential development rights of his 'ST' land to non-"ST' property, as
provided hercin,, as an alternative to the development of the 'ST" lands in conformity with the
"ST' regulations.
Collier Courier 2-85 October JO. 1991
Land DeYeloprnen~ Code
2.2.~.10.1 ~e develop~t ~gh~ shall ~ ~id~ ~ ~ in ~1 pro~y ~d ~y ~ t~sfc~
~ ~io~ or ~ a w~l ~ p~vid~ in ~is ~fion. ~.~, the r~idential development ~ghts
shall not ~ ~ aga~ ~d ~e ~idential develop~nt ~gh~ of the ~bj~t 'ST' I~ providing
~cm s~ll ~ ~nside~ ~ve~ foyer.
2.2.~.10.~ ~e t~fer of develop~t 6~ ~ ~ ~ for non-'ST' I~d shall ~ from 'ST'
I~d to n~-"ST" I~d ~d s~ll ~ ~bj~t W all of the ~uimmen~ of the b~ic ~ning dist6ct
to w~ch ~ey am t~sfe~ ~ ~ifi~lly approv~ othe~i~ ~ provld~ by law.
2.2.~. 10.3 ~e ~mum ~ of 'ST' l~d eligible for ~. t~fer of develop~nt 6gh~ shall ~ one-half
(0.5) ~ of I~d, excl~g ~b~rg~ I~d.
2.2.~.10.4 U~n ~e approval of the t~f~ ~f ~id~tial development 6gh~ for ~ "ST" l~d by the
Develop~nt Se~i~ Dir~tor, ~e pm~y o~ of the 'ST" I~d shall d~icate in f~ the I~d
to ~e ~ty or a S~, or F~e~I ag~cy; however, the I~ ~y ~ d~icat~
p6va~, ~t-for-profit co~ati~ or envim~l org~i~tion ~d in accor~ce ~th Chapter
7~.~, Fla. S~t., ~ a~d~, ~ ~e aFp~val of the Development Se~ic~ Dir~tor.
2.~.~.10.5 ~e ~imum numar of ~id~tial ~i~ which ~y ~ t~sfe~ from 'ST' l~d to non-'ST'
I~d shall ~ ~mpil~ on ~e ~is of~h ~m of '~' I~d at the follo~ng ~te: ~e half (0.5)
of a ~id~tial ~t for ~h one (I) ~m of '~' l~d.
2.2.~.I0.6 M~imum num~ of ~id~tial ~ which eligible non-'ST' 1~ ~y r~eive.
1. Non-'~' I~ ~ ~F~, ~F-12 ~d ~F-16, ~d RT ~ng dist6c~ are eligible
~ ~ive ~id~tial d~elop~t ~ provid~ ~t ~e ~imum numar of ~idential
~ which ~y ~ t~sfe~ to ~e non-'ST' l~d d~ not exc~ ~enty ~ent
(20~) of ~e ~imum numar of ~id~tial ~i~ ~t~ under ~e b~ic ~ning of
· e ~F~ ~d ~F-12 di~ct or t~ ~nt (10~) of ~e ~imum numar of
~id~6~ ~ ~t~ ~der ~ ~ic ~g of the ~F-'I6 ~d RT dist~ct
~ ~y ~. For ~e pu~ of de~g the numar of ~identiai uni~ which
non-'ST" I~d is ~pablo of ~iv~g, ~e foilow~g fo~ula shall apply:
" .. ~F~ Dist~ct, up ~ ~cl~g 6 ~ ~ acm
6 ~ x 20% ~ 1.20 ~m ~r ~
~F-12 Dist~ct, 7 to ~d includiog 12 ~i~ ~r ~.
12 ~ x 20% ~ 2.~ ~ ~r acm
~F-16 District
16 ~ x 10% = 1.60 ~ ~r ~m
ET District
16 ~ x 10% ~ !.60 u~ ~r ~
26 ~i~ x 10% = 2.60 ~ ~r ~m
Df~4~loO 2.2 Zo~tnff Dlstrlcgs. Permitted Uses. Conditional Uses, ~)lmfnslonal Standard~
2. For the purpose of calculating the final fractional residential unit of the total number of
residential units eligible for transfer to a non-'ST" property, the following shall apply:
Any fractiortal residential unit shall be converted upward if one-half (~,4) or more of a
whole unit, or downward if less than one-half (~fi) of a whole unit, to the nearest whole
unit value.
1.1.2A. II Procedure For Obtalnln~ Transfer of Residential Dev.el0vment Riizht~. Any owner of "ST"
land may apply for a transfer of development rights either separately or concurrently with
rezoning, zoning ordinance amendments, preliminary subdivision plat or developmefft plan. Prior
to the approval of any transfer of development rights or the issuance of any building permits in
cotmection with the use of any tnmsfer of development rights, the petitioner shall submit the
following information and data, as applicable to the petition, to the Development Services; Director
for his revic,'w smd action.
I. Name and ~ddress of 'ST' property owner.
2. Name and address of non-'ST' proper~y owner.
3. Legal description of 'ST' land from which transfer of residential development ri'ghts is
petitioned.
4. Survey of *ST" property from which transfer of residential development J~ghts is
requested.
5. Legal description of non-*ST" land which reCeives the transfer of residential development
rights.
6. Survey of the non-"sT' land which receives the transfer of residential development
rights.
7. Three (3) copies of sm executed d~cd of trartsfer of ownership of the 'ST' property to
the County or a Stat~, or Federal agency; however, the lands may be dedicated in fee to
a priYats, not-for-profit conservation or environmental organization in accordaace with
Chapter 704.06, Fla. Stat., as amended, with the approval of the Development Services
Director in ~ form '~pproved by th~ County Attorney.
8. The "ST' O. wner shall provide a guarantee, agreeable to and approved by ordinance of
the Board of County Commissioners, that the "ST" land will be forever retained in its
natur~! condition smd will never be developed in =ny manner whatsoever by anyone. For
the purpose of this requirement, natural conditions shall include minor nature related
improvements such as nature paths, boardwalks, outdoor educational learning arm, and
removal of exotic vegetation. Such a guarantee shall be recorded with the Clerk of the
Circuit Court of Collier County, Florida as a recorded restriction of the use of such land
and shall be binding to all present and subsequent owners, heirs, or assigns of such
property. Such restrictions may not be amended, deleted, or otherwise altered.
Collier County 2-87 October 30. 1991
Development Code
2.2.~.11 ~ime Limimfiom on ~vflo~t ~ic~ Di~or's Aooroval or T~r~ or R~idential
Doelo~ent Ri~hU or Authod~fion to ~d ~lh ~he ~in~ of a Buildin~ or
Co~ion P~it. ~e D~clop~t Se~i~ Di~tor's approval of a tr~fer of r~id~tial
develop~t figh~ or authofimtion to p~ wi~ the pr~ing of · building or co~tmction
~t shall ~ wild m long ~ tach approval is ~tt~ by law. ~e failure to act on the pan
of the ~titioner to exe~im the t~fer of ~idential development figh~ or obtain ~d exerci~
m authofi~ building or ~nst~tion ~t within the time ~fi~ provid~ by law shall
au~ti~lly te~na~ ~ch ~ppmval md the County s~ll ~ held ha~ for ~y
arising out of ~e ~titioner's failure ~ ~t.
2.2.~.13 ~tifl U~ of R~id~ti~ Units Aoomv~ For T~f~ b~ the Develoom~t ~ic~
DiVot. U~n ~e i~ of ~y ~t for ~e ~t~ction of ~id~tifl ~s) u~n a
non-'~' r~iving I~d, ~e tint ~id~tid ~ built ther~n shall ~ ~ide~ to ~ the
~id~tial ~i~ appmv~ for t~sfer by the Develop~nt Se~ic~ Dir~tor for t~sfer, ~d the
m~ing ~id~tial uni~ co~tmct~ shall ~ co~ider~ the r~idential unim ~tt~ under
· e b~ie ~ng district ~latio~.
2.2.~. 14 Aa~l of D~sion or Int~mtiom of D~.~looment Se~icm Dir~tgr. ~y ~n aggfiev~
by d~ision or in~tion ~e by the Develop~nt Se~i~ Dir~tor in the enfowement of
~C. 2.2.25 ilI~ORICAL A~ ARCtIAEOLOGICAL S~$ D~[GNATION ~: S~CIAL
REG~ATIONS FOR ~ERYATION OF ~ORICAL A~ ARCtlAEOLOGICAL
Hismfiel~logi~l P~ation Re~latio~' ~d shall ~ ad~is~r~ by the Co~ty
Develop~nt Se~i~ Ad~nistm~r.
of ~stofi~l/am~logi~l pm~bility ~I1 Mve one or ~re of the follow~g cM~fisti~:
". ~ientifie, ~ligio~, p~histodc or s~m~i histo~ that have contfibut~ to the pattern of
histo~ in ~e ~ity, ~llier County, the S~ or the nation; or
2.2.25.2.2 ~e ar~ is ~ia~ with the liv~ of ~ si~ific~t in histo~; or
2.2.~.2.3 ~e a~ em~i~ the distinctive cha~tefisti~ of a ty~, ~fi~, meth~ or ~tefials of
~nstmction, or ~at ~ high a~istie value, q~lity of d~i~ c~fts~ship, or that ~pr~nt
~ individual a~hit~t or builder's pro~nen~ or ~ntfibution to the development of Collier
Cowry, the S~te of Flofi~, or the Nat[on; or
2.2.25.2.4 ~ a~ wu the l~tion of hi~ofie or p~histofic.nctiviti~ including, but not li~t~ to
habiation, ~ligio~, ~re~nisl, burial, fonifi~tion during a pa~icular ~fi~ of time, which
~y ~in~in a ~fficient degr~ of envimn~ntal integrity to refl~t a slgnific~t ~t of the
relationship of the site's original ~up~ts to the envimn~nt; or
Co~ler ~ 248 Octo~r $0. 1~1
~ De~pme~ C~e
2.2.~.2.5 ~e ~r~ is ~ histo~c or p~isto6c sit~ which h~ ~n ~verely distur~ but which ~y still
allow ~1 ~d rep~nutive &~ to ~ ~ve~; or
2.2.~.2.6 ~e ar~ h~ yield~ or is likely to yield info~tion on l~al histo~ or prehisto~; or
2.2.~.2.7 ~c a~ dc~v~ i~ p~ si~ifi~ from a~hit~m~l or a~istic distinction of ~sto~l
im~; or
2.2.~.2.~ ~ a~ is th~ bi~pl~ or g~v~ of m his~d~l fi~r~ or is a cemete~ which dedv~
pfi~ si~ifi~ from g~v~ of ~m of im~ce, from age, from distinctiv~ d~i~'
2.2.~.2.9 ~ ~ ia ~ ~i~ of a bulldog o~ at~ ~v~ f~m i~ original I~tion w~ch
ai~fi~t for im a~m~l wl~, or ia ~ mia ~iving st~cm~ ~iat~ with m historic
~fi~, ~n or event; or
2.2.~.2.10 %~ a~ is a p~y pfi~dly ~~tivo in ~tent,wher~ d~i~, ag~, t~ition or aym~lic
2.2.~.2.11 %~ a~ ia m a~ ~n~g ~ am~logi~l sit~ that hav~ not ~n ~ for
ai~fi~ but t~ l~ely ~ ~nfo~ to ~ criteria for histo6~l/archa~logi~l si~fi~ or
a~ whe~ ~e~ is a ~gh l~elih~ ~t ~rd~ si~ of ~tential histod~[/a~ha~logi~!
si~fi~ a~ p~nt ~ on pm~s~d~ ~ttl~t pat~ ~d existing to~g~p~c f~.
2.2.~.2. ~ ~ ~ ia ~clud~ ~ ~ Nation~ Re~s~ of Historic Pla~.
2.2,~.3 A~oli~bilitv Du~ ~veloom~t Revi~ ~: County ~oi~: AeHculture: Waiv~
R~t.
2.2,~.3.1 Aooli~bilitv. Appli~tiom for a ~ifi~ develop~nt order ~ d~fi~ in Sub~tion 2.2.~.3.2
~ough 2.2.~.3.9 dm~ ~mte for ~i~ which hav~ ~n sub~tt~ prior to ~ adoption
of this ~tion ~ not ~ui~ to ~t tho provisio~ outlin~ in th~ appli~ble ~b~tion.
How~wr, sub~uent appli~tio~ for d~v~lop~nt orden ~ d~fi~ in Sub,lion 2.2.~.3.2
,, through 2.2.~.3.9 s~ll ~mply ~th tho ~uimmen~ of the appli~bl~ sub~tion. Sub~tions
'- 2.2.~.3.2 ~ough 2.2.~.3.11 ahall ~ eff~tiw u~n the adoption, by R~lution, of tha
Map of A~ of Histofi~l/~ha~logi~l P~bability by th~ Board of County Co~ionets.
2.2.25.3.2 Develonment of R~ional lmoact ~RB. ~ Appli~tion for D~v~lopment Approval (ADA) for
~. pro~d DRI sh~li ~clud~ co~nd~nco from th~ applic~t to ~ Florida D~paa~nt of
S~t~, Division of Historic R~u~ ~di~ting that the DRI is in Collier County's D~i~at~
Ar~ of Histofi~l/A~h~logi~l Probability. ~ ADA shall al~ includa
Histofi~i/Archa~logi~l Su~y md ~nt if r~uir~ by th~ Division of Histofc
R~um~. ~ Su~y md A~nt ia ~bjmt to r~view by fha Community Development
Se~ic~ Ad~nist~tor or his d~i~m ~d ~endations shall ~ pr~nt~ to tha Collier
Co~ty'Pl~ing Co~ion ~d ~a Board of County com~ione~ for conside~tion for
in~tion into the 1~1 d~v~lop~nt order. ~ r~ommendations shall al~ ~ provid~ to
the Pr~ation Board. ~a P~ation B~rd shall ~ provid~ th~ op~nity to pre~nt its'
~lller ~ 2~9 October ~0. 1~i
~ D~elopment ~e
reconunendations to the Planning commission smd Board of County Commissioners at their public
hearings.
2.2.25.3.3 Reouests for Land' Use Chartge. Property under consideration for a rezone or conditional use
which is within an area of Historical/ Archaeological Probability shall have an
Historical/Archaeological Survey smd Assessment prepared by a Certified Archaeologist to be
submitted by the appli .csnt with the Ismd use chsmge request application and is sub.~ect to review
by the Community Development Services Administrator or his designee. The Community
Development Services Administrator or his designee's recommendations derived from t. he review
of a Survey and Assessment submitted by the applicant shall be presented to the Collier County
Pis,ming Commission smd the Board of County Commissioners for consideration for incorporation'
into the local development order. The recommendations shall also be provided to the Preservation
Board. The Preservation Board shall be provided the opportunity to present its recommendations
to the Plain'ting Commission smd Board of County Commissioners at their public heatings.
2.2.25.3.4 ~tiL~_~- Building permits issued for new structures on property located within ~n area
of Historical/Arcbaeological Probability shall be accompanied by a notice that indicates the
property is within the area of Historical/Arcl':aeological Probability. The notice shall describe the
potential for historical smd archaeological sites, structures, arlifacts, or buildings, ~md sbalJ
encourage the preservation of such sites, provide reference to applicable state smd local .laws, smd
provide reference regarding whom to contact in the event an historical/ archaeologi,,cal site,
structure, artifact or building is discovered.
2.2.25.3.5 Preliminar~ Subdivision Plat. Property under consideration for a Preliminary Subdivision Plat
within an area of Historical/Archsmological Probability but not subject to.requirement 2.2.25.3.2
or 2.2.25.3.3 of this Section shall have an Historical/Archaeological Survey and Assessment
prepared by a Certified Archaeologist as def'med in Article 6 to be submitted by the applicant with
the Preliminary Subdivision Plat application smd is subject to review by the Community
Development services Administrator or his designee. The Community Development Services
Administrator or his designee's recommendations derived from the review of a Survey smd.
Assessment submitted by the applicant shall be presented to the Collier County Planning
Commission smd the. Board. of County Commissioners for consideration for incorporation into the
local development order. The recommendations shall also be provided to the Preservation Board.
The Preservation Board shall be provided the opportunity to .present its' recommendations at the
Planning Commission smd Board of County Commissioners at their public hearings.
2.2.25.3.6 Final Subdivision Plat. Property under consideration for a final subdivision plat, including'
construction documents within an area of Historical/Archaeological probability but not subject to
2.2.25.3.2, 2.2.2.5.3.3, or 2.2.25.3.5 of this Section shall have an Iiistorical/Archacological
Survey and Assessment prepared by a Certified Archaeologist as defined in Article 6 to be
submitted by the applicant with the final subdivision plat smd construction document application
and is subject to review by the Community Development Services Administrator or his designee.
The Community Development Services Administrator or his designee's recommendations derived
from the review ora Survey smd Assessment submitted by the applicant shall be incorporated into
the final subdivision plat smd construction document.
Collier Coun.'y 2.90 October JO. 1991
Land Development Code
Zonlnt J)lstrff~, Petrol,ed ~tses, Conditional Uses, ~)lrnenslomsl Standnrd. t
Dfv~do. 2.2 ..
2.2.2~.3.7 Site Development Plan (SDFL Property under consideration for a SDP within an area of
Historical/Archaeological pmbebility but not subject to 2.2.25.3.2, :2.2.25.3.3, 2.2.25.3.5, or
2.2.25.3.6 of this Section shall have sm Historical/Archaeological Survey and Assessment prepared
by a Certified Archaeologist u defined in Article 6 to be submitted by the applicant with thc SDP
application and is subject to review by the Community Development Services Administrator or
his designee. The Community Development Services Administrator or his designee's
recommendations derived from the review of a Survey and Assessment submitted by the applicant
shall be incorporated into the final $DP.
2.2.25.3.8 (~guntv Pro|ects. County sponsored projects, u dafmed in Article 6, which are located within
aa area of Historical/Archaeological Pmhability shall have aa Historical/Archaeological Survey
aad Assessment prepared by s Certified Archaeologist. The County shall comply with all
recommendations outlined in the Historical/Archaeological Survey and Assessment. A copy of thc
Historical/Archaeological Survey and Assessment shall be provided to the Preservation Board
members.
2.2.25.3.9 ~JjE~Ltil~[~. Owners of agricultural land within aa area of Historical/Archaeological
Probability filing a notice of commen~ment application for active agricultural production shall
be notified in writing by Development Services staff that thc land is in .an area of
Historical/Archaeological Probability and that aa Histodcal/Archacological Survey and Assessment
prepared by Certified Arcl~cologist is required. Development Services staff (Project Review) shall
not issue a notice of commencement until the Historical/Archaeological Survey smd Asse~ment
has been completed. The property owner shall adhere to all recommendations provided by the
Historical/Archaeological Survey and Asse~ment.
2.2.25.3.10 Waiver Reouest. Properties located within aa area of Historical/Archaeological Probability with
iow potential for historical/archaeological sites may petition the Community Development services
Administrator or bis designee to waive the requirement for an Historical/Archaeological Survey
and Assessment. The 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 w,,iver request shall .adequately demonstrate that the area has Iow potential
for historical/archaeological sites. Justification shall include, but not be limited to, aa aerial
photograph interpretation, a description of historical and existing I~d uses, and an analysis of land
cover, la.nd formation, and vegetation. The Community Development services Administrato/or
his designee may deny a waiver, grant the waiver, or grant the waiver with conditions. The
decision of the Community Development Services Administrator or l~is designee regarding the
waiver request shall be provided to the applicant in writing. In the event of a denial of the waiver
request, written notice shall be provided stating the reasons for such denial. Any party aggrieved .
by a decision of the Community Development Services Administrator or his designee regarding
a waiver request may appeal to the Preservation Board. Any party aggrieved by a decision of the
Preservation Board regarding a waiver request may appeal that decision to the Board of County
Commissioners utilizing the procedure outlined in Sec. 2.2.25. ! I.
2.2.25.3.11 Previously Comzfleted Survey and Ax,~ssrnents. A Survey and Assessment completed by a
Certified Archaeologist prior to the enactment of this Section which is in accordance with the
survey and anscsnmcnt requirements outlinc~ in Sec. 2.2.25.4. I may at the di.~rction of thc
Collier County 2.91 . October 30, 1991
Land Development Code
property owner be utilized to meet the requirements of this Section. The Survey and Assessment
shall be provided to Ihe Community Development Services Administrator or his designee and shall
be subject to the procedure as outlined in Sec. 2.2.25.3. I through Sec. 2.2.25.3.9 above.
:2.2.25.4 Historical/Archaeoloeicai Surve'r and Assessment C0mr~onenL'L Historical/Archaeological
Surveys and As.w. asments required by this Section shall be consistent with accepted professional
procedures and practices as outlined in the Historic Preservation Compliance Review Program of
the Florida Department of State, Division of Historical Resource.s; and Standards and Guidelines
for Archaeology and Historic Preservation (48 FR 44'/16). Subsections 2.2.25.4.1 and 2.2.25.4.2
shall become effective upon the adoption, by Resolution, of the Map of Areas of
Historical/Archaeological Probability by the Board of County Commissioners.
2.2.25.4.1 Sur~ev and A~easment Comoonen~. Surveys, ~nd As.,~.,~sments shall include at a minimum:
1. Title Page;
2. Table of Contents;
3. Report, Title and Authors;
4. Statement of Qualification fro: each Author;
5. Description of the Project Location in Term~ of Geologic and Physiographic Features,
the Environment, and Land Use History;
6. Description of Field and Laboratory Methodology;
7. Description of Sites Located;
a. Significance Determination.
8. Recommendations as to Further Assessment Work, Site Preservation, or mitigation;.
9. Appendices.
a. Florida Master Site File Forms.
2.2.25.4.2 A significance determination of specific sites as required by 2.2.25.4. i, Item 7.a, of this Section
is to be based on National Register of Historic Places eligibility criteria, as follows:
'. 1. The quality or significance in American history, architecture, archaeology, engineering
and culture is present in districts, sites, buildings, structures and projects that' posr,~'.ss
integrity of location, design, setting, materials, workmanship;, and
2.. that am a.~ociated with events that have made a significant contribution tO the broad ..
patterns of our history| or
3. that are associated with the lives of persons significant in our past; or
4. that embody the distinctive characteristics of a type, period or method of a type, period,
· or method of construction, or that represent the work of a master, or that possess high
artistic values, or that represent a significant and distinguishable entity whose components
may lack individual distinction; or
U49 . 197
Collier County 2-9'2 October $0. 19~1
l. xtnd Development Code
that have yielded, or may be likely to yield, information important in prehistory or
history.
6. In addition, the importance of historical/archaeological' resources to local, county, and
state history or prehistory shall be considered, in a significance determination.
2.2.25.5 pesi~matlon of tlistoricallArchaeolo~ical Sites. Structures. Districts. Buildimts a~n. d Prooerties.
2.2.25.5.1 In addition to the arras of Historical/Archaeological Probability outlined in Sec. 2.2.25..2, specific
sites, districts, structures, buildings, and properties may also be designated. Such designation will
be baaed on the following criteria:
1. Association with distinctive elemer, ts of the cultural, social, ethnic, politica!~ economic,
scientific, religious, prehistoric and architectural history that have contributed to the
pattern of history in the community, Collier County, the state or the nation; or.
2. A.~ociation with the lives of persons significant in history; or
3. Embodiment of the distinctive characteristics of a type, period, method or n~terials 6f
construction, or that possess high artistic values, quality of design and craftsminship, or
that represent an individual architect or builder's prominence or contribution 'to the
d~vclopment of Collier CoUnty, Florida; or
4. Location of historic or prehistoric activities such as habitation, religious, ceremonial,
burial, fortification, etc. during a particular period of time, and may maintain a sufficient
degree of environmental integrity to reflect some aspect of the relationship of the site's
original occupants to the environment; or
5. An historic or prehistoric site which has been severely disturbed but which may still
allow useful and representative data to be recovered; or
6. Have yielded or ar~ likely to yield information on local history or pr~history; or
7. D~:rive their primary significance from architectural or artistic distinction of historical
importtn .~.; or
8. Is the birthplace or-gravo of an historical figure or is a cemetery which derives its'
primary significance from graves of persons of transcendent impor~mce, from age,
distinctive design features, or from association with historic events; or
9. A building or structur~ r~moved from its location which is primarily significant.for
architectural value, or is the SUrviving structure most importantly associated with an
historic period, person or event; or
I0. A proper~y primarily commemorative in intent if d~ign, age, tradition or symbolic value
has invested it with its own historical significance; or
Collier County 2-95 October $0. 1991
Land Development Code
1 I. Are lls~ in the Natio~l Register of His~c PI~.
2.2.~.5.2 ~e d~i~tion of ~ific sit~, st~r~, buildings, distEc~, ~ pro~i~ ~y ~ inifiat~
by ~e P~ati~ Board or by ~o p~y o~er. Ali d~ignatio~ shall ~ ~bj~t to approval
by ~e Board of County Collieries. ~o appli~tion shall ~ in a fo~ provid~ by tho
Co~ty Develop~nt 5e~i~ Division. P~y o~e~ of r~ord who~ l~d is ~er
~iUe~tion for ~i~ation initiat~ by ~e P~ation Board shall ~ provid~ ~o noti~ by
ce~ifi~ ~il ~ ~ipt r~u~t~. ~e fi~t notice Shall provide all ~inent infection
~gard~ng ~ d~i~ation ~d ~ P~ation Boa~'s ~h~ul~ m~ting ~ to consider the site.
~e ~nd noti~ shall ~di~to ~hen ~e Board of County Co~ione~ will ~nsi~er official
d~i~ation of ~ site. ~ch d~i~at~ si~, district, stature, pro~y or buil~g shall have a
da~ file ~in~ by the P~ation Boa~. ~e file shall con.in at a ~nlmum: slto l~tion;
the histo~l, cul~l, or a~ha~logi~l si~ifi~ce of the site; ~d the ~ific c~teEa from this
S~ti~ q~li~ing ~o site. ~ official listing of all slt~ ~ pro~i~ th~ughout Colli~ Eounty
that refine the p~histo~c ~upation ~d ~sto~l develop~nt of Collier County ~U i~
~uniti~, including infection, ~ps, d~u~ ~d photog~phi~ evidence col1~t~ to
eval~ or ~s~tiate ~e d~i~ation of a ps~icular site, stature, building, pro~y or distEct
shall ~ ~in~in~ at ~e Collier ~ouhty ~u~um. ~e Collier County ~u~um shall c~rUinate
~r~ation ~/or r~to~tion effo~ for ~y ilistorical/~rcha~log~cal d~ignat~ building,
st~cmre, si~, pro~y, or district ~t is d~t~ ~ or ~ui~ by Collier ~unty for public ~.
2.2.~.6 ~nce o~ C~ifi~t~ of A0o~o~atm~. A Ceaifi~te of Approp~aten~ s~ll ~ i~ by
· ~ P~ation ~rd for si~ d~i~ ~ a~ with S~. 2.2.~.5.2 ~fo~ i~ce of
~ by Develop~nt Se~i~ to alter, ex.rate, ~l~te, r~onstmct'or de~lish. ~e
~nifi~ of Appmpdat~ s~l ~ i~ p~or ~ ~e i~ of build,g, t~ ~val, or
de~lition ~.
' 2.2.~.6.1 A ~aifi~te of App~pda~ ~I! ~-~ i~ prior to ~e i~ of bulldog ~ for
n~ ~nst~tion wi~ ~ ~smd~l/a~lo~ district d~i~at~ in a~or~ ~ S~.
2.2.~.5.2 to ~ ha~o~ a~t~mnl d~i~ ~d to p~e ~e ~tegdty of ~e
~stod~l/archa~logi~l district..
.. 2.2.25.6.2 ~e appliotion for ~nifi~te of Appmp~a~ s~ll ~ in a fo~ pmvid~ by ~e Co~ity
Develop~nt Se~i~ Division. ~e complet~ appli~tion shall ~ provid~ to the Co--unity
Develop~nt Se~i~ Ad~stnt0r ~enty (20) ~ys prior to the re~lar monthly ~ting oFth~
Pr~ation Board who shall ~h~ule ~e appli~tion for considention at the next regularly
~hMul~ ~ting. ~e Pr~ati~ Board shall ~t ~d act u~n ~ a~plication for a Ceaifi~te
of Appropdaten~ within sixty (60) ~ys of ~eipt of the appli~tion from the Co--unity
Development Se~i~ Division. ~e P~ation Board shall approva the appli~tion, deny ~e -
appli~tion, or.approve ~e appliotlon with conditions.
2.2.~.6.3 Ordina~ ~pain ~d ~inte~ce ~ de~n~ in Aaicl~ 6 are not r~uir~ to obain a Ceaificate
of Appropdaten~.
2.2.~.6.4 Criteria for i~ of a Ceaifiote of Appropdaten~ shall ~ the U. S. S~m~ of the
In,dot's 'S~r~ for Rehabiliation" 36 C.F.R. 67 (1983), ~ amendS. ~e Co--unity
Develop~nt ~i~ Division shall ~in~in ~d ~ke available to the public u~at~ copi~ of
~tr ~ 2-94 . October JO. 1~!
~ D~pmem C~e
the 'Standards for Rehabilitation.'
2.2.2~.6.5 All decisions of the Preservation Board shall be in writing and include findings of f~t. Notice of
the decision shall be provided to the applicant, and to the Development Services Department
(Customer Services Manager and the Project Review Services Manager).
2.2.25.6.6 Any party a~.grieved by a decision of the Preservation B.oard may appeal ihe decision as outlined
in Sec. 2.2.25.1 I.
2.2.25.7 Incentives. The following incentives may be applicable to specific sites, structures, districts,
buildings and properties designated as archaeologically or historically significant pursuant to Sec.
2.2.25.5.
2.2.25.'/.1 ~nanclal AMistance. Historical/Archaeological design-ted sites, districts, structures, buildings,
and properties u provided in Sec. 2.2.25.5.1 sh~li be (!/'2 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 the requirements of those financial assistance programs:
2.2.25.7.2 Tax C~. The Preservation Board shall encourage and assist in the nomination of 'eligible
income-producing properties to the National Register of Historic Plao::s in order to make available
2.2.25,7.3 ]~.ui]dil3g_.CR~. Historical/archaeological sites, districts, structures, buildings, and prbperties
designated pursuant to Sec. 2.2.25.5 may be eligible for administrative variances or other forms
of relief from applicable building codes as follows:
2.2.25.7.4 Reoa.lrs and Alterations. Repairs, alterations and additions necessary for the Preservation,
restoration, rehabilitation or continued use of n building or structure may be made without
conformance to the technical requirements of the Standard Building Code when the proposed work
has been issued a Certificate of Appropriateness by the Preservation Board and approved by the
Community Development Services Administrator or his designee, pursuant to the authority granted
to the Community Development Services Administrator or his designee by other divisions or
statutes and further provided that:
I. The restored building will be no more hazardous based on consideration o.f life, fire and
sanitation safety than it was in its original condition.-
2. Plans and specifications are sealed by a Florida registered architect or engineer, if'
required by the Building Official.
3. The Community Development Services Administrator or his designee has required the '
minimum necessary correction to be made before use and occupancy which will be in the
public interest of health, safety and welfare.
2.2.25.7.5 ~. The Community Development Services' Administrator or his designee may,
by, written administrative decision, approve any variance requ~t for an)' designated
Collier County - -- ~'~95' · .,~.. ~r Ocfober 30. 1991
~ Develol~ment Code
historical/artha~ological site, district, structure, building and property pursuant to Sec. 2.2.25.5
which has received a Certificate of Appropriateness from the Preservation Board for matters
involving se4ba~ks, lot width, depth, area requirements, land development regulations, height
limitations, open space requirements, parking requirements, and other similar zoning variances
not related to a change in use of the property in question. In addition, contributing projects as
defined in Article 6 are eligible for administrative zoning ordinance variances.
1. Before granting a variance the Community Development Services Administrator or his
designee must f'md:
n_ That the variance will be in harmony with the general appearance andlcharacter
of the community.
b. That the variance will not be injurious to the area involved or.;otherwise
detrimental to the public health, safety or welfare.
c, That the proposed work is designed and arranged on the site in a manner that
minimize~ visual impact on the adjacent properties.
2. In granting any variances, the Community Development Services Administrant or hi~
designee may prescribe any appropriate conditions necessary to protect and further the
interest of the area and abutting properties, including but not limited to:
n. Lan~ materials, wnlls and fences as required buffering.
b, Modifications to the orientation of points of ingress and egress.
c. Modifications of site design features.
2.2.25.7.6 O~en Space. Historical/archaeological resources that are to be preserved may be utilized to satisfy
required setbacks, buffer strips or open space up to the maximum area required by development.
regulations. Conservation of such historic or archaeological resources shall qualify for any open
space requirements .mandat.ed by the development regulations.
'2.2.25.7.7 Density Calculatigns. Acreage associated with Historical/Archaeological resources preserved
within the boundaries ora project shall be included in calculating the project's permitted density.
2.2.25.7.8 A~neal, The applicant or any aggrieved property owner in the area may appeal the decision of '
the Community Development Services Administrator or his designee according lo the provisions
outlined in Sec. 2.2.25. ! 1.
2.2.25.8 Discovery or Accidental Disturbance of Historical/Archaeoloeical Sties and Proverties DoNas'
· 2;2.25.8.1 Discovery or Accidental Disturbance 0I' Historical/Archaeglgeical Sites and Pronerties
Construction. If, during the course of site cleating, excavation or other construction activity, ma
historic or archaeological artifact, or other indicator is found, all development within the minimum
Collier Counq/ 2-96 October JO.
l.,,md Development Code
EH'ellfo~ :2, 2 ~onfn_* Dt,~rrlc.. Permitted Us~s. Co~ldonal
a~ n~ to pmt~t the di~vg~ shall ~ i~iatcly stop~ ~d the following pr~u~
~11 ~ foll~:
1. ~e ~~ Devel~nt Se~i~ Ad~nistmtor or his d~i~ ~d ~mpli~
~i~ s~11 ~ ~n~.
2. Compli~ Se~ic~ sh~l officially.noti~ the pro~y o~er/develo~r of the di~ove~
wi~in 24 houri ~d i~o a ~op wo~ order.
3. A ~ifi~ A~ha~logi~ cont~t~ by the pro~ny o~er/develo~r sh~ll de~ine
whe~er ~e di~ve~ slto ~ui~ ~er inv~tigation b~ u~n tho si~ ~d
di~bution of ~is si~, dep~ of d~i~, ~il t~, vegetation, ~d to~g~phy.
a. 'If ~e sito ~ui~ ~h~ ~v~ti~stion, ~ ~nifi~ A~lo~ist s~ll cordon
off the id~tifi~ a~, at a ~int I~ f~t from the ~ter of tho di~ove~
site.
b. If the di~ve~ si~ d~ not ~uim ~er ~v~tigation, ~tmction ~tlvity
~y ~ a~r authod~tion by a Cenifi~ A~ha~logist.
4. ~e C~nifi~ A~h~lolist sh~l ~o r~o~n~tions for the tr~t~nt of ~idenml
di~oved~ ~ on s~rds outlin~ ~ ~e "Tr~t~nt of ~h~logi~i Pro~i~"
~ a~r~ with 36 CFR Ps~ 8~. ~ ~n~tions shall ~ ~ide~ for
~tion ~to ~e appli~blo !~1 d~elop~t order.
5. ~ ~nifi~ ~l~i~ ~all ex~itio~ly
de~e whe~er it is si~fi~t ~ on c~te~a outlin~ in S~. 2.2.~.4.2.
a. If ~e id~tifi~ a~ is de~ m ~ si~fi~t ~ Histod~l/~lo~
Su~ey ~d ~t s~l ~ p~pa~ by a ~ifi~ ~h~logi~ for the
enti~ pmj~t if one ~ not
Cenifi~ ~logist's ~o~n~tio~ de~v~ from his Su~oy ~d
~nt shall ~ ~ide~ for ~tion into tho appli~ble !~1
develop~nt order. If ~ Histod~l/~h~logi~l Su~ey ~d A~ment
~n' p~pa~ ~ ~or~ .wi~
· . ~n~tio~ shall ~ ~ifi~ ~d ~rat~ into the I~1 development
o~er to ~fl~t the ~ditional si~s).
b. If the idcntifi~ a~ is dete~n~ not to ~ signifier, a Preli~ns~ Su~ey
of tho ~tim pmj~t shall ~ conducl~ by a Cc~ifi~ A~ha~logist. ~y sit~
dete~n~ to ~ si~ifi~t during the P~li~n~ m~ey shall ~ ~bj~t to ·
~ui~n~ in ~. 2.2.~.8.1, Item'3.a. Construction activity within the
cordon~ off a~ ~y ~ontinue after all n~ a~ifac~ ~d indi~to~ have
~n r~ord~ ~d u~n autho~tion by a C=nifi~ A~ha~logist.
6. - ~e Cc~ifi~ Amha~logist shall p~pa~ a re~ outlining the ~ults of his ~mcnt
~d provide a copy tothe Co~uni~ Development Se~ic~ Ad~st~tor or his
~er ~ 2-97 Ocwber JO.
~ Dewlo~em ~
Dt~ton 2.2 ~o~ln~ Dl~tdc~. Permitted {]~e#, Condl#onat U~eL Dlmemlo~al Standar~
designee. The Community Development Services Administrator or his designee shall
provide a copy of the report to the Preservation Board Members.
Land areas in close proximity to the, discovery site deemed to have
kistoricallarchaeological significance based on the criteria in Sec. 2.2.25.4.2 shall be
considered by the Preservation Board for addition to the Map qf Areas of
His~oricallArchieologicai Probability.
2.2.25.8.2 Di$co?er~ of Historical or Archaeoloelcal Sites and Prooerties durin~ Site Insoecti~)n.
If, during a Project Review site inspection, an historic or archaeological site, significant artifact, '
or other indicator is found, the following procedures shall be implemented.
I. The Project Review Staff shall cordon off the immediate area and contact the Community
Development Services Administrator or his designee.
2. The identified area shall be further cordoned off at a point ten (10) feet from the
perimeter of the discovery site as identified by a Certified Archaeologist contracted by -.'_-
the property owner/developer.
3. The Certified Archaeologist shall assess the identified area a~d determine whether it is
significant based on criteria outlined in Sec. 2.2.25.4.2.
a. If the identified area is determined to be significant, an Historical/Archaeological
Survey and Assessment for the entire project shall be prepared by · Certified
Archaeologist if one has not been completed as required by this division.
Recommendations derived from the Historical/Archaeological Survey and
Assessment shall be considered for incorporation into the applicable development
order. If an Historical/ An:haeological Survey and Assessment has been
prepared in accordance with Sec. 2.2.25, the recommendations shall be modified
and incorporated into the local development order to reflect the additional arras.
b. If ~he identified area is determined not to be significant, the Certified
Archaeologist shall complete a Preliminary Survey of the entire site. Any areas
determined to be significant during the Preliminary Survey shall be subject to
the requirements detailed in Sec. 2.2.25.8.2, Item 3.a.
4. Land areas in close proximity ~nd encompassing areas deemed to have
historical/archaeological significance based on criteria in Sec. 2.2.25.4.2 shall be
considered by the Preservation Board for addition to the Map of Areas of
Historical/Archaeological Probability.
5. The certified Archaeologist shall prepare a report outlining the results of his assessment
and provide a copy to the Community Development Services Administrator or his
designee. The Community Development Services Administrator or his designee shall
provide a copy of Ihe report to the Preservation Board Members.
Collier Courtly 2-9~ October JO, 1991
Land Development code
2.2.25.9 Willful Disturbance of tlistorlcallArchaeol~icallv Sianificant Sties. District1. Structures.
l~uildings~, and Pro_mn'lies. Willful looting, pillaging, vandalizing or desecration, as defined by
this Division. of Historical/Archaeologically significant sites, districts, structures, buildings, and
properties constitutes a violation of Sec. 2.2.25 punishable as described in Sec. 2.2.25.13.
2.2.25.10 Willful Di~lgrbance of An Unmarked Burial or Burial Sitg. It is a violation of Sec. 2.2.25 for
any person to willfully and knowingly disturb an unmarked burial or burial site, or destroy,
mutilate, deface, injureor remove any burial mound, earthen or shell monument containing human
skeletal remains or associated burial artifacts or other structures or items placed or designed for
a memorial, or to disturb the contents of a tomb or grave or for any person to have knowledge
that an unmarked human burial is being disturbed, vandalized, or damaged and to fail to notify
the local law enforcement agency with jurisdiction in the area. Such actions may also be
punishable as a felony pursuant to Chapter 872, Florida Statutes.
2.2.~.5.11 ,Aooeals. Any party aggrieved by a decision or interpretation of this Division made by the
Community Development Services Administrator or the Prenervation Board shall have the right
to appeal said interpretation, decision or denial to the Board of County Commissioners by filing
a written notice of appeal with the Community Development Services Administrator within thirty
(30) working days from the date of such decision, interpretation, or denial. The Community
Development Services Administrator shall provide the Board of County Commissioners with a
copy of said notice of appeal. The notice of appeal shall be provided Io the applicant by certified
mail, return receipt requested, and shall state the decision which is being appealed, the grounds
for the appeal, and a brief summary of the relief which is sought. Within thirty (30) working days
of the date of filing the appeal, or the first regular County Commission meeting which, is
scheduled, whichever is latest in time, the Board of County commissioners shall hear the appeal
and issue a final decision.' Nothing contained herein shall preclude the County Commissioners
from seeking additional information prior Io rendering a final decision.
2.2.25.12 Jurisdiction. Sec. 2.2.25 shall apply to all unincorporated areas of Collier County, Florida.
'2.2.25.13 pgnalties. A violation of the provisions o'f Sec. 2.2.25 ~,hall constitute a misdemeanor and shall
.. be prosecuted in the name of the State in the County Courl by the Prosecuting Attorney, and upon
conviction shall be punishable by civil or criminal penalties including a fine of not more than five
hundred dollars ($500.00) per violation per day for each day the violation continues or whatever ·
reasonable amount as a judge may feel appropriate and including a reqt~irement that any work or
development performed contrary to Sec. 2.2.25 must be removed and the property returned to its
condition at commencement of said action. The Board of County Commissioners shall have the ·
power to collaterally enforce the provisions of Sec. 2.2.25 by appropriate Judicial Writ of
proceeding notwithstanding any prosecut!on as a misdemeanor.
2.2.25.14 Conflict and Severabilitv. la the event Sec. 2.2.25 conflicts with any other ordinance or land
development regulation in Collier County or other applicable law, thc more restrictive shall apply.
If any phrase or portion of Sec. 2.2.25 is held invalid or unconstitutional by any court of
competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision
and such holding shall not afl'ecl the validity of Iht remaining I'n)rtion.
Collier County 2-99 October JO. 1991
l. and Development Code
2.$ O~-$:rc~t ~ar~ a~d ~l~l
DIV. 2.3 OFF-STREET PARKING AND LOADING.
SEC. 2.3.1 TITLE AND CITATION. This division shall b~ know~, and r~y be cited as tho 'Collier County
Off-Stre~ Parking and Loading Code."
SEC. 2.3.2 ]'URPOSE AND INTENT. It is the intent of this division that the public health, safety, comfort,
order, appexranc~, conveaienc.~, morals, interest, and general welfare required that every building
and use erected or instituted after the effective date of this Code shall be provided with adOCluate
off-street pa~king facilities for the use of occupants, employees, visitors, customers or patrons..
It is slso the intent of this Code that certain uses must provide adequate off-street loading
facilities. Such off-street parking :md off-street loading facilities shall be ruaintained and continued
so long as the use continues. (For definitions of "parking space, off-street' and 'loa~ing space,
off-street,' see Article 6).
SEC. 2.3.3 GENERAL APFLICABIL1TY.
Wherever in any zoning district off-street facilities am provided for the parking or display of tt~y "":
and all types of vehicles, boats or heavy construction equipment, whether such vehicle~ boats or
equipment are self-propelled or not; and all land upon which vehicles traverse the pr6perty as a
function of the primary use (including "drive-in' facilities) hereinafter refeired to ~ 'other
vehicular uses", such off-street facilities and land shall conform to the minimum requirements of
this Code.
2.3.3.1 Reoalr of Exislin~ Buildlrm or Use. Off-street parking and off-street loading facilities shall be
provided s.s set forth in this division. Conforming buildings and uses existing as of the effective
date of this Code may be modernized, altenxl, or repaired without providing additional off-street
parking or off-street loading facilities, providing there is no increase in floor srea or capacity or
change in use which would require additional off-street parking.
2:3.3.2 Enlarternent of Existln~ Buildin~ os' Use. Where a conforming building or use existed as of the
effective d~te of this Cod~ and such building or use is enlarged in floor area, volume, capacity,
or space occupied, off-street parking and off-street loading as specified in this Code shall be
provided for the additional floor area, volume, capacity, or space so created or u~sed.
2,3.3.3 Chnrme of Exisfin~ USe. where a use and building existed at the effective date of this Code and-
the use is changed after the effective date of this Code and where this Code requires such later
and changed use to have greater required off-street parking, then additional off-street parking shall
be provided for the later and changed use as required under this Code.
2.3.3.4 Centrnl Business District. Unless otherwise provided, areas designated as the Central Business
District ora community shall not be required to meet the requirements for off-street parking and
loading her:in. Such Central Business Districts may be designated on a map or such other
documents and materials as are necessary and adopted by the Board of County Commissioners
upon recommendation of the Planning Commission for the purpose of exempting such area from
off-street parking and loading regulations.
Cotllcr County 2-100 October JO. 1991
~ Development Code
SEC. 2.3.4 OFF-STREET VEHICULAR FACILrI'IES: DESIGN STANDARDS. Off-street parking
facilities and other vehicular facilities, both required and provided, ~hall:
2..3.4.1 ldentJficati0n. Be identified as to purpose and location when not clearly evident.
2.3.4.2 ~. Be surfaced with tspl~lt, bimminom, concrete or dustless material and maintained in
smooth, well graded condition. Up to 70% of the parking spaces for houses of worship and
schools may be surf~_¢_ed with grass or lawn. Spaces that are not paved shall be compacted,
stabilized, well-drained and surfaced with a durable grass cover. Driveways, handicapped spaces
and acce~ aisles shall be paved. When the Development Services Director determines that the
paving of some or all parking spaces for houses of worship and schools will have significant
negative environmental impacts the Director may require that these parking spaces not be paved.
Upon approval of the Development Service~ Director, a suitable material (limerock excluded) with
s suitable stabilized subgrade may be substituted for the above materials. This Sec. 2.3.4.2 shall
not apply to single-family dwellings.
2.3;4.3 l~. Be drained and sloped so as not to cause any nuisance to adjacent property
or to public property or rights-of-way.
2.3.4.4 ~. Be so lighted, if lighted, as to shield streets and all adjacent properties from direct
glare, exce~ive light, and hazardous interference with automotive md pedestrian traffic.
2.3.4.5 Access. Be arranged for convenient and safe std..ss of pedestrians and vehicles.
2.3.4.6 Internal Circulation. Be arranged so that no vehicle shall be forced onto any street to gain ~
from one aisle to another aisle.
2.3.4.7 Strhgrm or mnrkin~. Whenever the number of off-street parking spaces required by this Code
is five (5) or mom, all parking sp-ce~ shall be striped or marked with paint or other suitable
pavement marking material.
2.3.4.8 ~. Be constructed so that interior portions of offsti-cet vehicular facilities not utilized
specifically ts a parking space or maneuvering or other vehicular use area shall not be paved but
. shall b~ landscaped in accordance with this Cotle, specifically Div. 2.4.
2.3.4.9 Dead-end aisles. Off-street parking arcts shall be designed so ts not to create desd-end aisles
except ts may be permitted in accordance with provisions of the Standard Building Code, or other'
applicable codes referenced within'Div. I. ! 8. Aisles designed for one-way traffic flow shall have
painted arrows not less than four feet (4') at each end of the aisle indicating the direcfi'on of travel.
2.3.4.10 Reddish. Whenever any part of an off-street parking area is redesigned, those pavement markings
which no longer apply shall be completely obliterated.
2.3.4.11 Locational Reoulrements.
I. All required off-street parking facilities shall be located on the same lot they serve or
may be located on another lot or Iota under the sarr~ ownership, provided:
Collier County 2.101 October $0. 1991
~ Dcwlopment Code
D~Pl.,rl¢,ll 2,$ Off. oelrcct Parlgne and Loadln~
· . The lots are contiguous or would be contiguous except for · rozdway that ia not
deslgm~ted as a collector or arterial in the Traffic Element of the Growth
M~-,~agement Plta; tad
b. The lot proposed for parking perraits parking facilities or the same or more
intensive land uses than the lot on which the principal strucmre'is located.
2. Where off-site parking caz~ot be approved because the properties are not contiguous as
described above, the Community Development Services Administrator, aftej review of
· Site Development Plan submitted in accordance with Div. 3.3 may allow some required
padcing to be located off-site, provided:
a. All of the lots are under the same ownership;
b. No off-site p~rking space is located further than three hundred (300) f~et from
the building or use they are intended to serve, measured by the shortest feasible
walking distance, unless special circumstances exist under Sec. 2.3.4. I 1.5; --.-
c. The lots are not separated by an arterial roadway as designated in & Traffic
Element of the Growth Management Plan;
d. At least sixty-seven percent (67~;) of the required parking for the development
is located on the lot with the principal structure unless special circumsumces
exist under Sec.2.3.4.1 I..5 and;
e. The lot proposed forparking permits the same or more intensive land uses than
the lot on which the principal structure is located or is commercially-zoned.
3. The Conummity Development Services Administrator shall base his determination of.
requests for ofT-rite parking under Sec. 2.3.4.11.2 on the following review criteria:
,,. The proposed ofT-site parking facility, including its ingress tad egress, is safe
' tad convenient for motorists and pedestrians;
b. The proposed ofT-site parking facility does not adversely impact the character
and quality of the neighborhood nor will hinder the proper future development
of surrounding properties; and
c. Approval of the petition will not create parking problems for any neighboring
property.
4. Where off-site parking cannot be approved because the property is located' in an
agriculturally or residentially-zoned district, an application for ofT-site parking approval
may be submitted and shall be processed in conjunction with a Site Development Plan,
pursuant to Div. 3.3. The procedural requirements ret forth in Sec. 2.7.5 of this Code
shall be followed in the review tad ~proval of ofT-site parking petitions. Ti~e Board of
Collier CounO~ 2-102 October JO. 1991
Land Develo£menl Code
Zoning Appeals, after review and recommendation by the Planning Commi~ion, may
approve the requeat, provided:
a. All of tho lots are under the aame ownership;
b. No off.~ite parking spac~ ia located fuflher than three hundred (300) feet from
the building or use they are intended to serve, measured by the shortest feasible
walking dismace, unle~ a'pecial circumstancea exits under Sec. 2.3.,1.11.5;
c. The lots are not Separated by an arterial roadway aa designated in the Traffic
Element of the Growth Management Plan;
d. At least sixty-aeven percent (675~) of the required parking for the development
located on the lot with the principal structure unlesa a;~:cial circum.ntance$ exist
under Sec. 2.3.4.1 !.$;
e. The off-site .pang will Serve an existing structur~ or land use; .
f. Wher~ off-s/ts parking is proposed for commercial uses all of the lots proposed
for off-site parking shall meet the locational requirements for commercial uses
aa identified in the Future Land Use Element of the Growth Management Plan
or ara designed to serve water-dependent and/or water-related uses aa deacribed
in the Urban Residential Subdistrict of the Future Land Use Element of the
Growth Management Plan; and
g. The off-site parking facility shall be designed to mitigate any negative effects of
this parking facility on neighboring residentially-z~ned property. Mitigation shall
included, ual~ ~aeeifieally determined by the Board Of Zoning Appeals not to
be nece~ary:
(i) · No vehicular e~rr.~ shall occur on local streets opposite of r~idential
homea or within the building lines of unimproved single-family
residentially-zoned property;
(2) Lighting. shall be dfieldod, pointing downv0ard, and not over twenty
(20) feet in height $o aa to prevent glare upon all neighboring
residential properties; and
(3) A fifteen (15) foot wide landscape buffer strip shall be provided around
the entire perir~eter where it directly abuta residentially-zoned property.
Six (6) foot high architecturally-finished wall, fence, hedge, or berm
combination and ten (10) foot tall shade trees spaced no more than
twenty (20) feet apart on center shall be required. The Board of Zoning
Appeals may reduce the 6 foot high screening requirement to 4 foot
high within front yard $etback areas .
Collier County . 2.105 October JO, 1991
Land Development Code
~fyl~lO~ 2.$ Off-Street Parldng and l~dlnr
5. When= the following special circumst~mces exist the Community Development Services
Administrator or the Board of Zoning Appealg, whichever is appliCable, may reduce the
requirements of Sec. 2.3.4.11.2.b and/or Sec. 2.3.4.11.2.d. These special circurn.stances
shall include, but shall not be limited to:
a. W~cm the proposed off-site parking ~vill serve water-dependent and/or water-
related ns~;
b. Wher~ the proposed off-site parking will serve Temporary Parking for Sports
Events, Religious Events, or Community Events as de. scribed in Sq. 2.3.14.
c. Where the proposed off-site parking will serve uses within the lmmokalee
Central Busine~ District nn described in Sec. 2.3.21.4.
d. Wher~ the proposed off-site parking spaces will only be for valet parking; or
e. V/hem the proposed off-site parking spaces will be for employees (limited t0 a
maximum of fif~enn (15) percent of the project's total parking requirement).
6. The Board of Zoning Appeals shall base their determination of requests f&r oft-site
parking on the following review criteria: ,
a. The proposed off-site parking facility, including its ingress and egress, is safe
and convenient for motorists and pede~rians;
b. The proposed oft-site parking facility does not adversely impact the character
and quality of the neighborhood nor will hinder the proper future development
of surrounding properties;
c. Approval of the petition will not create parking problems for any neighboring
property;
d. Other mom viable parking solutions are not available to the petitioner.
7. Where parking is approved under Sec. 2.3.4.11.2 or 2.3.4. I 1.4, the following provisions
a. The Community Development Services Administrator or the Board of Zoning
Appeals, whichever is applicable, may impose requirements or conditions upon
approval as appropriate to promote the public, health, safety, and welfare.
These requirements or conditions may include, but shall not be limited to:
pedestrian ground level and overhead walkways, traffic signals, traffic control
devices, directional signs, controlled ingress and egress, parking setbacks,
lighting restrictions, extra landscaping, buffers, screens and limited hours of
operation;
Collier Coun~ 2-104 October JO. IPgl
~ Dtvelopmem Code
Off-Street Parklnt god Loadtne
b. The owner of the land upon which such. required off-street parking facilities are
located shall enter into a written agreement with the County, to bo filed with the
.Clerk of the Circuit Court, with enforcement running to the County providing
that the land comprising the required off-street parking facilities shall never be
encroached upon, used, ~old, leased or conveyed for a~y purpose except in
conjunction with the building or use which the required off-street parking
facilities ~-~ves ~o long az the off-street parking facilities are required;
c. The owner of the land upon which such required off-street parking facilities are
located agrees to bear the expense of recording the agreement, which agreement
· shall bind his heirs, successors, and azaigns; and
d. The written agreement shall bo voided by Collier County if other required off-
street parking facilities am provided in accordance with the requirements of this
Code.
8. Each off-street parking ~pace muzt be directly accessible from a street, alley or other
public fight-of-way and ~dl off-~treei parking facilities muzt be ~o arranged .that no motor
vehicle shall have to Back onto any street, excluding single-family and, two-family
r~sideatial dwellings and churches approved under Sec. 2.3.14. J
9. No more than 10 $ of a shopping centers total parking requirement ,may be pl-_c_-d_ in the
rear of tho shopping center unless the center has convenient and well lighted front and
rear accesses for patrons and employees and where the re. ar buildings are architecturally
finished adjacent to rear access~.
· 2.3.4.12 ])immsional Standards..
2.3.4.12.1 Minimum Aisle Widths. Minimum aisle widths shall bo az follows:
pinkie of Parkin~ ~-i~]O Width (One-Wav'l Aisle Wi<ith Cl'wo-Wav)
Parallel 12 feel* 20 feet
30 degrees 12 feet* 22 feet
45 degrees 12 feet'" 22 feet
60 degrees 18 feet. 24 feet
90 degrees 22 feet 24 feet
* Fir, distdc~ may require th~ to be increased to fourteen (14') where an acute turning radiu~
is preseat
2.3.4.12.2 ]Vlinlmum $oace Size. Each parking space shall be a minimum of nine (9') feet by eighteen feet
(18') in size except for compact parking spaces allowed within Sec. 2.3.4.12.3
2.3.4.12.3 Minimum Comoact Soace Size. In retail commercial projects, up to fifteen percent (15%), and
in all r~idential, office and industrial projects, up to twenty five percent (25%), of the required
Collier County ~-105 October $0. 1991
Land Development. Code
par~g sp~.~s nmy be dc~i~tcd u ~mpKt ~ with ~n~mum ~i~io~s of c~gh~ ~t (8')
by s~x~ ~t (15'). Comp~t ~ ~H o~y ~ ~l]ow~ in pm~ r~u~ng ~gmy (20') o~
~i~ ~ughout ~e site ~ ~t d~vc~ ~ing either compact or ~II si~ ~ have ~1
~ ~ ~ ~t ~nvenient pt~ng l~tlo~. Compri spe~ shall ~ d~i~a~ by si~s on
cvc~ th~ ~, ~int~ 'Comp~t' ~ ~h pave~nt ~e ~d doubl~ st~ ~ indi~ ~cir
s~. Spe~ provid~ in cx~ of the ~ui~ numar of ~ac~ ~y all ~ co~t ~ u
long u ~mp~t ~a~ n~cr ex~ t~y ~ (33 %) of thc to~l numar of ~a~ provide.
~C. 2.3.5 O~-~ PAR~G: ~D PAR~. For ~e pu~ of this ~t~n, shar~
~r~g shall ~ dcfm~ u: off-si~ pa~ng on pm~y ~et no~lly is not under ~e ~
o~c~p u ~e st~m~ or ~ ~e ~g is d~i~ to ~e ~d co~is~ of joint ~g,
whom pa~ng ~ ~d is c~it~ for I~d ~ on ~o or more pro~i~, ~d/or I~
paring, whc~ c~it~ pa~g ~ is ex~ ~ the ~rking ~uirc~n~ of the lot on w~ch
it is 1~ ~ on ~. 2.3.14.
2.3.5.1 A~Dlimtion ~u~. ~ appli~tion for sha~ parking approval ~y ~ mb~t~, ~d shall
~ p~ in ~nj~ction ~ a Si~ D~elopmcnt PI~, pu~t to Div. 3.3. ~e
dcte~nati~ of the ~um s~ll ~ ~ by ~ Board of ~ning Aphis, a~er r~vi~ ~
~~tion by ~e Pl~ing ~Mi~. ~e pr~ural r~uire~n~ ~t fo~ ~ 3~. 2.7.5
of this ~e s~ll ~ foll~ ~ ~a ~i~ ~d de~tion of sha~ pardi ~titions.
2.3.5.2 ADDli~tlon Cont~. ~e ~ition for s~ pa~ng approval shall include:
I. A Site Dcvelop~t PI~ ~ all n~ at~nu, pu~t to Div..3.3;
2. ~e Site D~clop~t PI~ ~1 ~m d~ict: ~e p~ s~ pang f~ility ~d iu
v~culu ~ d~vM ~d ~g ~; ~tH~ wa~ays ~ ~e
~g f~ility ~d ~ build~ or ~ ~cy a~ d~i~ to ~t; light~g ~d
I~ping of ~ ~ pang fKility; ~d ~e altcmJte pu~g pl~ or l~d
' ~ation pl~ d~ ~ ~. 2.3.5.6 u~ a ~nimum ten (10) y~r 1~ par~g'
agr~t is p~;
No~ d~u~n~ti~ de~t~t~ ~t the ~titioner hu ~ion for all involv~
pro~y o~e~ to ob~ ~e n~ app~vals ~d d~b~g all build~gs or ~
~t ~11 ~ ~iv~g c~it for ~e s~ par~g ~cluding no~l o~tin~ hou~ for
~ch bulldogs or ~; ~d
4. A l)ro~ s~ pa&~g ag~nt ~n all involv~ pro~y o~e~, with
noU~ salami, d~Hb~g ~e ~gh~ ~d li~tio~ of all pro~y o~e~ ~d
b~m~. Such agent ~11 hind ~e heir, ~ ~d ~i~ of ~h ~ch
2.3.5.3 Rmui~ for ~ ~rki~. Pro~ shar~ parking faciliti~ shall m~t all of lhe
followin~ pmvisio~:
2.3.5.3.1 All parking sp~ that are to ~ sha~ shnll ~ p~v~;
~ D~pme~ ~
~)l¥1~fo~ ~,$ , Off-Y;treer Parldng
~.5.3.~ No sha~ parking ~ace ~hall ~ I~ ~flher ~h~ thr~ hundr~ (3~) f~t from th~ buildings
or ~ ~hcy ~e units s~ial ci~cu~c~ ~xist including, bm no~ limil~ to:
1. ~crc the pro~ off-~ila p~rking will ~c tem~ra~ parking for s~s events,
rellgio~ evcn~, or ~unity cvcn~ ~ d~fi~ in S~. 2.3.14.
2. ~erc the pro~ off-site parking will ~e u~ within'thc l~okal~ Central
Bt~in~ District ~ d~fi~ in S~. 2.3.21.~;
3. ~ the pro~ off-site parking spac~ will only ~ for valet parking:
4. ~em the p~ off~ite parking will ~e water~e~ndent ~d/or watcr-r[lat~
5. ~em the pro~ off4ite pa~ing ~ii only ~ for employ~ (li~t~ to a ~ximum
of tiffin (15) ~ment of the pmj~t's toni parking r~uir~nt).
2.3.5.3,3 ~e sha~ parking ~ac~ s~ll not ~ ~pamt~ from the buildings or u~ they are d~si~ to
~e by a m~way d~i~at~ ~ a ~ll~tor or aaehal in the TriseCtion Ele~nt of the
Gro~h M~ge~nt PI~.
2.3.5.4 C~dlt for Joint ~rki~ S~ac~. CrOat for joint pa~ing sp~ shall ~ li~t~ to the~ollowing
I. ~ere ~e ~u~t involv~ a chu~h ~d ~o~her pro~y who~ pr~o~n~t p~rking
dem~d is ~m~ 7:~ A.M. ~d 6:~ P.M., Money ~rough Ffi~y, or ~o (2) other
pm~ni~, where ~e ~ hou~ of one (1) pro. ny do not overlap with the b~in~
houri of the oiher pm~ny, lbo c~it for.joint parking spac~ shall not exc~ fifty
~t (50%) of Ihe ~nimum ~ui~ ~ac~ for the pro.ny ~ui~ng
a~unl of ~ac~. ~e c~it ~y ~ appli~ all lo one pro~y or split ~n the
propeni~; or
2. In all olher c~, the c~it for joint parking spac~ shall no~ exc~
(~5) of lhe ~nimum r~ui~ spa~ for Ihe pro. ny r~ui~ng Ihe l~t a~unt of
~aces. ~e cr~ii ~y ~ appli~ all to one pro.ny or split ~lw~n the ~o pro~ni~.
2.3.5.5 C~&~ for ~ Off-Site ~rki~ Soac~. C~it for I~ off-site parking spac~ shall
li~t~ in all c~'lo thirty five ~went (355) of the l~d u~'s parking r~uirement that the
parking ~ac~ are pro~ to ~e.
2.3.~.6 R~vi~ Criteria for Sha~ ~rkin~. ~e Board of ~ning Aphis shall b~ their
dete~nation of the ~u~ for sha~ parking on the following review cdteria:
2.3.5.6.1 ~e pro~ shar~ parking facility, including i~ ingr~ ~d eg~, is ~fe ~d convenient fOr
~dsm ~d
~lller Co~ 2.107 (~tober JO. !~1
~ De~lopment
Off-Street Parldnt ~m4 ~sdlnt
2.3.$,6.2 ~ p~ ~ha~ pa~ing f~ility ~11 not Mve~ly imp~t
neigh~ nor h~d~ ~ p~ ~ d~elop~t of ~unding pw~fli~;
23.5.6.3 ~e s~ parking pl~ ~11 ~ve ~vim~nal, ~no~c or tnffic fl~ ~nefi~ for the
~ity;
2.3.5.6.4 ~e ~ ~g pl~ ~11 ~lve ~g p~ble~ that were not c~ by
of ~e ~bj~t p~ni~;
.2.3.5;6.5 O~er ~ viable pa~ng al~mativ~ a~ not available for the ~bj~t pro~i~;
23.5.6.6 ~e o~fing h~, t~ of l~d ~, ~d o~er appli~ble facto~ a~ conducive for s~
p~g at Ihe p~t ti~ ~d a~ l.~ely m ~
2.3.5.6.7 Approval of~e SM~ Pa~g Agr~t would ~ co~istent with the Fum~ ~d U~ Ele~nt
of ~e G~ M~ge~nt PI~;
2.3~5.6.8 ~em ~ ~ ~ng pl~ ~ no I~d ~ation or a minimum t~ (I0) y~r
pang ag~t, ~ ~titioner ~'de~tntM that ~e alternative pang pl~ is f~ible at
~a p~t ti~, ~d sh~ld ~ f~ible ~ ~e
2.3.5.6.9 Failu~ of the ~ pang pl~ ~d ~a alte~tive parking pl~ or the ~mum ten (I0) y~r
I~ pa~ng agent ~ld not ~ve ~fio~ impliotions on the public h~l~, ~fety ~d
wel fa~; ~d
23.5.6.10 App~val of ~e ~ition ~11 ~t c~m p~g p~ble~ for ~y neigh~ng
2.3.5.7 Con~fio~ of App~v~ for ~ ~r~. ~e~ ~a~ paring is app~v~ ~der S~.
2.3.5.6, ~ follo~g pm~isio~ ~all apply:
2.3.5.7.1 ~e ~ of ~n~g Aphis ~y im~ ~ui~ or conditio~ u~n appmvfl
approp~a~ Io p~te ~e public h~th, ~fety ~d welfa~. '~ ~uire~n~ or ~nditio~
~y ~clude, but ~11 not ~ li~t~ ~:.~t~ ground I~el or overh~ ~ays, tnffic
sisals, t~c contml'devi~, di~tJo~l si~; si~ to d~i~ate shar~ parking ~ac~, lighting
. s~r~, extn I~ping, buffem, ~s ~d li~t~ hou~ of o~ration;
2.3.5.7.2 ~e ~ ~g agent ~II M ~ in ~e ~blic R~or~ of ~llier ~ty, FIo~
at ~e o~er's ex~. Collier C~ty ~ll ~1~ ~e pa~i~ to the sha~ pa~ng ag~nt
~d from tho te~ ~e~f, if other ~ui~ off-st~t f~iliti~ are pmvidM in a~o?~ce ~th
the ~ui~n~ of ~is O~; ~d
2.3.5.7.3 ~e Boa~ of ~n~g Apes ~ll de~ne ~at the ~nimum ten (10) y~r I~ parking
ag~nt or the al~tiv~ par~g pl~ is f~ible or the ~titioner ~d/or o~er of ~e shar~
facility ~ ~fficient l~d a~ ~ui~ to ~t ~tu~ parking n~s. A I~d ~ation
shall ~ r~ulrM for all sha~ paring approvals except where the shar~ paring is ~n a
church ~d ~o~er l~d u~ or only ~ existing slmcmr~ for joint parking or ~ existing
structure for I~ parking that Mve ~iv~ Ce~ificat~ of ~cup~cy. Such I~d r~ation
~ De~topment
may include any number of parking spaces so long as there are sufficient spaces to accommodate
the parking needs of both the sharing facility and the facility needing the additional parking. This
reservalion shall be recorded in the Public Records of Collier County, Florida at the owner's
expense. Collier County shall release the parties to th~ land reservation agreement from the terms
thereof, if other required off-street facilities are provided in accordance with the requirements of
this Code.
SEC. 2.3.6 OFF-..~FREET PARK1~G: USES NOT SFECIFICALLY MENTIONED, Requirements for
off-street parking for uses not specifically mentioned in this division shall be the.same as for the
use most similar to the one sought, it being the intent of this Code to require all'uses to provide
off-street parking, unless specific provision is made to the contrary.
SEC. 2.3.'/ OFF-STREET PARKING: FRACTIONAL MEASUI~NT$. When units of measurements
determining number of required off-street parking spaces result in a requirement of · fractional
space, then such fraction equal or greater than one-half (1/2) shall require · ~ull oft-street parking
space.
SEC. 2.3.8 OFF-STREET PARKING: MEASUREM~. Where this Code requires off-streei" parking
based on various types of measurements, the following rules shall apply:
:~.3.$. 1 Floor area means, for the purposes of this division only, the gross floor area inside the exterior
walls, tmless otherwise specifically indicated.
2.3.$.2 In hospitals, bassinets do not count as beds. \
2.3.8.3 In stadiums, sports arenas, houses of worslfip, and other places of public assembly where
occupants utiliza benches, pews, or other similar seating arrmagements, each twenty-four (24)
lineal inches of such seating facilities count as one seat.
2.3.8.4 Where the parking requirements aru based on number of employees or persons employed or
working in an establishment and the number of employees inc~ after the building or structure
is occupied, then the amount of off-street parking provided must be increased in ratio to the
increase of the number of employees.
SEC. 2.3.9 OFF-b'TREET PARKING: MINIMUM REOUIREMENT. Irrespective of any other requlrement
of this Code, each tad every separate individual store, office, or other business sllall be provided
with at least one (1) off-street parking space, unless specific.provision is made to the contrary.
SEC. 2.3.10 OFF-STREET PARKING: ENCROACHMENT FROHIBITED. Required offstreet parking
shall be located so that no automotive vehicle when parking shall have any portion of such vehicle
overhanging or encroaching on public fight-of-way or the property of another. If necessary, wheel
stops or barriers may be required in order to enforce this provision.
SEC. 2.3.11 OFF-STREET PARKING: NOT TO BE REDUCED OR CHANGED. Required off-street
parking according to the requirements of this Code shall not be reduced in area or changed to any
other use unless the permitted or permissible use that it sci-yes is discontinued or modified, or
equivalent required off-street parking is provided meeting the requirements of this Code.
Collier County 2-109 October $0, 1991
~ Development Code
SEC. 2.3.12 OFF-STi~.ET PARKING: RESERVATION. Where the developer believes that the parking
spaces required for a Sl~cific project are excessive, that developer may request a variance through
the normal variance procedures. If the variance 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 si.zo to provide this parking, in case the parking is needed in the future. The
developer thall provide additional landscaping for trees and shrubs only, and this increased
landscaping shall be the same percentage increase over the normal required landscaping that the
parking spa:.e~ were approved to be reduced by, and further provided:
2.3.12.1 A Development Plan is submitted to and approved in accordance with Sec. 3.3.5.
2.3.12.2 The owner of the land upon which such parking is being reserved shall enter into a written
agreement with the County, to be filed with the Clerk of the Circuit Court, with enforcement
running to the County ensuring that the reserved parking area shall never be encroached upon,
used, sold, leased or conveyed for any purpose except in conjunction with the building or use
which the reserved parking area serves so long as the off-street parking facilities are required.
2.3.12.3 The owner of the land upon which such re. served parking area is located agrees to bear the
expense of recording the agreement, which agreement shall bind his heirs, successors or assigns.
2.3.12.4 The written agreement shall be volded by the County if the re~crved parking area is ~:onverted to
usable parking area or if the reserved parking area is no longer required.
2.3.12.5 Any other condition(s) that the Board of Zoning Appeals determines appropriate with a
recommendation of approval. Such condition(s) may include provisions of escrow money that can
be used to develop the parking space~ at a later date, if n~ry.
SEC. 2.3.13 [RESERVED].
SEC. 2.3.14 OFF-,.~I'REET PARKING AND b~FACKING: REOUIRED AMQUNT~;. lViinimum off-street
parking space requirements are set forth below. Where stacking is required, the amount listed does
not include the first vehicle being serviced (for drive-in windows stacking starts 10 feet behind the
n~ddle of the pick-up window) and is computed at 20 feet per ;~ehicle (turns are computed at 22
feet per vehicle measured at the outside of the driveway). Stacking for one lane may be reduced
il' thc reduction is added to the other lane(s).
Airport (Civil Aviation) One (I) per 600 annual enplaned passengers.
Airport (General Aviation) One (1i per each aircraft tiedown/storage/Ivlaintenance area.
. Art Gallery or Museum One (1) per 300 square feet of floor area open to the general public.
Auto Maintenance Center One (1) pet 250 square feet. Stacking for five (5) vehicles for
(Drive-Through) the first bay and two (2) for each additional bay.
Auto Service Station Three and one-half (3.5) per service bay or one (1) per 250
square feet, whichever is greater.
[.an~ [~¢~lopm~nl Code
Auto/Truck/Trailer One (1) per 500 square f.eet of' roofed building ar~ plu~ one
l.,e~ing (I) per 2,000 square feet 'of paved outdoor ~chicle storage area.
These spaces sball not be used for the parking of rental vehicles.
Auto/Truck/Boat/ Three an.d one-half (3.5) per service bay or ohe (l) per 250
Motorcycle/ square feet, whichever is grater.
Recreations] Vehicle
Repair or Body Shop . '
Auto/Truck/Bo~t/ One (1) per 400 square feet of building area except
Motorcycle/ service/body shop buildings which are three and one-half (3.5)
Recreational Ve. hicle per service bay or one (1) per 250 square feet, whichever is
Sales or Dealership greater~ plus one (1) per 2,000 square feet of outdoor
sales/display area.
Auto/Truck Washing One (1) for self-service wash facilities a~d one (1) per e&ployee
of the largest shift for automatic wash facilities. Stacking for
two (2) vehicles per stall for self-service wash bays and stacking '-.-
for five (5) vehicles per automatic car wash I~ne.
Bazdc or Financial One (1) per 250 square feet on the first floor and o~e (.!) per
Institution 300 square feet on any other floors. Stacking for ,,six (6)
vehicles for each drive-up window not to exceed a total
requirement of twenty-five (25) vehicles.
Be. rberahop~eau~ One (!) per 200 square feet or ~ (3) per barber/beautician
Pulor/Hair Salon h~ir-cutting chair, whichever is greater.
Beverage Center One (1) per 250 square feet. Stacking for five (5) vehicles for
(Drive-tluough) the first drive-through aisle and two (2) for each additional aisle.
Boat Storage (Only for dry storage on a site that hats no wafer access for boats
and those not associated with a self.service stora..ge facility) -
one (1) per 12 dry boat storage spaces.
Bowling Alley One (1) per 200 square feet for bowling area which also includes
parking for locker mom area, bowlers' seating/approach area
and storage area plus one (I) per 150 square feet for all other
uses including offices, snack bars, lounges, game/pool moms,
and sales areas.
Building Supplies (only for retail sales where the supplies are primarily stored outside) -
/Lumberyard One (I) per 275 square feet of inside retail/office area plus one (!) per
1,500 square feet of enclosed et roofed storage structures.
Collier Co~n~ 2-111 Ocwber $0. IPgl
Lan~ Dcwrlopmenl Code
Child C. tm/Day Two (2) per employee of the largest workshift plus adequate drop-off
Nursery/Kindergarten and pickup areas.
Church/House of Three (3) for each seven (7) seats in chapel or a~sembly area. Other
Worship/Temple./ uses am not counted except for residential uses. A reduction of this
SYnagogue standard to a minimum of one (i) space for each four (4) seats, may
be applied for in conjunction with an application for a Site Development
Plan, thre'~gh the Board of Zoning Appeals after r~view and
recommendation of the Planning Commission. This reduction will only
be allowed for expansion created by congregations/growth, for existing
church buildings where the applicant can demonstrate a signJficant
hardship exists.
A stacked or other parking plan shall be submitted with the application
which will demonstrate that the vehicle parking will not have negative
impacts upon neighbering properties and will provide adequate access
for emergency vehicle.
Convenience Store/ One (1) pe~ 200 square feet plus one (I) for each two seats provided
Delicatess,.'n/Ttke Out for food patrons plus stacking for five (5) vehicles for each automatic
Prepared Food Store car w~h lane
Dance, Art, Music One (1) per 250 square feet.
Studio
Equipment Rental Store One (1) per 500 square feet plus one (1) per 2,000 square feet ofout.ide
storage/display areas.
Funera/Home/ One (1) per 75 square feet for room used for se~ices and chapels and
Crematories one (I) per 300 squa~ feet for all other uses.
Furniture/C~:~Major One (1) per 600 square feet (this includes retail, office and storage
Appliance Store areas).
Golf Course Four (4) per hole plus one (1) per 200 square feet for office/lobby/pro
'. shop/health club/clubhouse/lounge/snack bar/dining/me,'.ting room areas
and 50 % of normal requirements for exterior recreation uses including:
swimmin~ pools, golf driving ranges tnd fermis courts. Golf cart, golf
bag and equipment storage rooms; maintenance buildings; and rooms
for mechanical equipment shall be computed st one (1) per 1,000 square
feet.
Golf Driving Rtnge One (l).per 2 driving tees and one (1) per practice putting green plus
normal requirements for any structures..
Golf (M~niature) One and one quaztcr (1.25) per hole plus normal requirements for any
structures.
Land ~)~v¢Ioprn~nt Code
'!!; Dfvl~m 2.3 Off-St~fct Pack'ne ~cl ~lnt
Heli~, Hclip~, ~e (1) ~ 2 heli~p~r ti~o~/stomge/~mico ~ pl~ OhO (1)
Ultra-Light Flight Park 5 ultra-light ti~o~lstomge/~mice a~ plus one (1) ~r employ~ at
~ larger workshifl.
H~i~ Elevm (11) ~ five patimt ~.
HoWl Elam (11) ~ 10 ~ m~ (this includ~ ~e ~ui~ p~r~g for
· e howl offi~ ~d ~11 ~ r~r~tional faciliti~ ~t
howl ~ only). A~ ~ shall ~ compu~ ~ f~l~s:
~t (50%) of noel ~ui~n~ for ~u~, one
~re f~t for o~er ~il ~, one (1) ~r I~ ~ f~t for ~ting.
~, b, ll~ ~d ~nvention r~ ~d one (I) ~r I~ ~ro f~t
for lounge, b:~ ~d nightclubs.
Ind~t~l U~/ ~ (1) ~r 5~ ~m f~t or one ( 1 ) ~r employ~ or lirg~t workshi ft,
Activity (not whichever is g~ter. Offi~/re~il ~r~ shall ~ comput~ ~t. on~ (I)
o~e~i~ list~) ~r 275 ~m f~t.
J~y:rd. 5~lv~go ~e (1) ~r 5~ ~m f~t of ~f~ ~ plus one (1) ~r 15,~
Y~ ~ f~ of ou~ido sm~go ~r~.
~ (1) ~r 2~ ~ f~t ex,pt for ~i~l holdh~ ~. ~e (1)
~r I0 ~ holdhg :~.
~b~, ~ty ~o (1) for ~h 2~ ~ f~ or one (1) for tach ~ (3) ~,
R~ti~ F~ility w~ch~ is
~ge, Bu, Nigh~lub, ~e (1) ~r 50 ~ f~t pl~ one (I) ~r 75 ~m f~t for ~y
P~I H~II ~ng outer ~thg/dfi~g ~.
~lis~nt)
M,dn~, Bostei ~e (I) ~r 2 w~ ~:t slips excluding tho~ ~ for chs~er ~ pl~
one (1) ~r 5 d~ ~st stooge ~. Wet sli~ ~ for cMfler
(including tho~ for rising, shelling, diving, ~d sight-~ing pu~)
· ~ ~mput~ ~t oho (1) ~r 3 ~at.p~nge~ b~ on ~ ~ximum
" numar of p~ge~ ~d ch~ner ~:~ u~ for dining ~ ~mpu~
~t oho (1) ~r 2 ~t p~nge~ b~ on tho ~ximum numar of
p~ngem ~h p~&ing ~:~ provid~ to ~t the ~fin:'s ~,t slip
or d~ sto~ffo p~rking ~ui~nts ~y :1~ ~ c~it~ towards
~ting 1~ ~m f~t of the parking r~uiremen~ for the ~z or
~y ~tt~ ~dn~ ~lat~ ~ctiviti~ excluding r~mu~,
lo~g~,~ ~d private clubs. U~ not r~eiving cr~it from paring
pmvid~ for ~t slips or ~y storage ~:c~ sh~ll provido p~r~ng st
the noel ~ for ~o~ ~ ~ r~uir~ within this C~e.
Collier County 2-113 October JO, 1991
Land Development Code
Medical/Dental Office One (1) I~ 200 square feet.
or Clinic (Ontpatient
Care Facility)
Model Home Sal~ Four (4) for the first unit and 1.5 for each additional unit.
Office/Cxnter
Motel Twelve (12) per 10 guest re'oma (this includes the required parking for
the motel office and all accessory recrgational facilities designed
primarily for motel guests). Where accessory uses are designed
primarily for motel guests, they shall be computed as follows: Sixty
seven percent (67%) of normal requirements for restaurants, one (1) per
350 square feet for other retail uses, one (1) per 100 square feet for
meeting rooms, ballrooms and convention rooms and one (1) per 75
squsre feet for lounges, bars and nightclubs.
Nura~ry, Plant (Retail) One (1) per 250 square feet of roofed and enclosed building area plus
one (1) per 2,000 square feet of outside display area open to the public.
Nursery, Plant One (lJperemployeeoflargestworkshift plusone (1) per lO,O00squam
(Wholessle) feet of display area smd one (1) per acre of' growing areas.
Office One (1) per 300 square feet.
Office (Contractor's) one (1) per 300 square feet per office area and one (1) per 1,000 square
feet per roofed storage area. Plus one per each company vehicle that
will be parked overnight.
Private Organizational one (1) per 100'square feet or one (1) per 3 seats that will be setup at
Club or Lodge any time, whichever is greater. This shall be computed on all areas used
for offices, meeting rooms, restaurants, dining rooms and indoor
recreation. Other uses such as n~arinas, retail areas and outdoor
recreation are~ requ!re additional paricing at normal requirements..
Public Buildings One (I) per 200 square feet for administrative office area and two.(2)
(Fire, Emergency per employee of the largest shift for all other areas plus one (1) per $
M~ical Service or prisoners, based on the maximum holding capacity for any jails.
Sheriff' S 'ration and
Jail)
Recreation Facilities One (!) per 100 square feet.
(indoor) Sports,
Exercise, Fimess,
^erobi~, or Health
Club/Skating Rink/
Game Room/Bingo Parlor
Coltler Coun~ 2-114 October JO, 19~.i
Land Dcvelopmau Code
Recreation Facilitiea Three (3) per court plus oth~r uses u required.
(Outdoor) Tmnis,
Racquetball or Handball
Courts
Research L~boratory One (1) per 300 squ~re feet of office area plus one (I) per 500 square
feet of o~her areas or one (1) per employee of iargtst worlcshiR,
whichever is greater. Plus three (3) for visitors.
Residential Uses: ~
134~rding/Rooming One (1) per r~nted room pitts two (2) for ovmers/employees.
House, Bed and "
B reakf~st Residence
Convalescent Home, Two (2) per $ beds.
Nursing Home, Home
for tho Aged, ..
Rehabilitation Facility ~
Duplex Two (2) pet dwelling unit. x
Single Family House, Two C2) per unit.
Town/Row House, Mobile
Home, Guest House,
Caretak~r'a Residence
Multi-Family Dwellings All traits shall have one (1) per unit plus visitor parking computed at
.5 per efficiency unit, .75 per one bedroom unit, mad one (1) per two
bedroom or larger unit. Office/administrative buildings shall have'
parking provided at $0~ of normal requirements.
Where small-scale recreation facilities are accessory to a single-family
or multi-family project and intended oM)' for the residents of that
· . project, exclusive of golf courses/clubhouses, the recreation facilities
may be computed at 50% of normal requirements where the majority
of the dwelling units are not within 300 feet of the recreation facilities
and at 25 ~ of normal requirements where the majority of the dwelling
units are within 300 feet of the recreation facilities. However, any
recreation facility shall have a minimum of two (2) spaces exclusive of
parking spaces for dwelling units.
Nursing Home Family Care Facility, Group Care Facility (Category 1 ~d Category II),
~nd Care Unit - See Sec. 2.6.26 of this Code.
Collier County 2-115 October JO, 1991
l~and Development Code
R~u~t ~alk-up One (I) ~r 80 ~ f~t including outd~r ~ting ~r~ or one (l)
or D~v~ugh ~ 2 ~, whlch~ is g~r. A s~king ar~ of nine (9) vehlclm for
~lk-up ~d~ ~d/or ~e fi~ ddve-~gh I~d ~d six (6) for ~y ~ditional dfiv~through
outer ~ting) 7 I~.
R~u~t ~five- ~e (1) ~r 1~ ~ f~t. A s~c~ng ar~ of ten (10) vchicl~
·rough ~ no walk for ~e fi~t ddv~thmugh ~d ~d gven (7) for ~y additional drive-
-up w~d~ or ou~r ~ough I~.
R~u~t (F~ F~) ~e (i) ~r 70 ~m f~ ~cluding outd~r ~ting a~
2 ~, whichever is g~t. A s~ng a~ of ~e (9) v~cl~ for
the fi~t ddve-~mugh l~e ~d four (4) for ~y additional drive-through
R~u~t (Sit-D~) ~e (1) ~ ~ ~ f~t including outd~r ~ting ar~
2 ~, which~ is g~gt. C~it for ~at slip pang
whe~ ~e ~i~ ~ve all n~ ~u ~d a~ I~at~ on ~vigable
wate~ays, ~ing lhe fo~ula I ~at slip ~ I vehicle ~, provid~
that ~h ~d ~i ~t slips c~it~ shall not ~ I~ or ~nt~ for
~u~t. C~it for ~t slip pang shall ~ li~t~ ~ a ~imum
of ~ ~nt of a r~u~t's ~ui~ parking not to ex~ a ~1
c~it of 10 ~g ~, with ~e a~unt cr~it~
Develop~nt ~i~ Di~r b~ on ~e likelih~ of ~u~t
c~ ~ing ~ wet slips du~ng ~ b~in~ hou~
Ee~l Shop or Sto~ ~e (1) ~r ~0 ~ f~ of ~d~r/outd~r ~il ~d offi~ ~ pl~
(not o~e~ list~) one (I) ~t 5~ ~ f~t for ~d~r/outd~r s~ge
~d Depa~nt Sto~ no a~ for ~e g~e~l public ~d pauly enclo~ or o~n ~r garden
B~ ~h~I/ T~ (2) ~r 5 s~ pi~ four (4) ~r 5 f~ulty/s~ff ~m~.'
V~T~h
~llege/Univenity T~ (2) ~t 5 ~u~t smden~ pl~ one (1) ~t 2 ~id~nt smdenu
pl~ four (4) ~ 5 fa~Ity/~ff mem~.
Elementary/Junior Five (5) per four staff/faculty members.
High School
Senior High School One (i) per faculty/staff member plus one (1) per 5 students.
Collier Cottony 2-116 October $0, IPgl
~ Development Code
DMrlon 2.$ Ol'lt-Strrrt t'arlgnt and L(~II.
Shopping Center One (I) space per 215 square feet for centers with a gross floor area
Isss than 400,000 square feet and not having signi ficant cinema, s/theaters
(none or those with a total cinema/theater seating capacity of less than
5 seats per 1,000 square feet of the shopping center's gross floor area).
One (1) space per I75 'square feet for ~.11 othe~: centers.
Regional shopping center parking requirements shall be based upon
gros~ le.a.~ble floor area which shall include any common area that is
lexsed or used for retail activities.
Rear Parking Requirements:
When more than !0~ ora shopping center's total parking requirement
is placed in the rear of the shopping center, the center shah have
convenient and well-lighted front and rear accesses for patrons and
employees and the rear buildings shall be architecturally finished
adjacent to rear accel, es.
Sports Arena, Theater, One (1) for each (3) seats or one (1) space per 40 square feet, "--
Cinema, Auditorium, whichever is greater.
or Public Assembly Area
not Otherwise Listed
Stadium (Outdoor) One (1) for each three (3) seats/patrons allowed to stand or one
(1) space per 40 squar~ feet of spectator seatingS'standing areas,
whichever is greater plus one (1) for. each employee/non-
spectator who will be present during performances excluding
those arriving by buse~. Bus parking is required when
employees, non-spectators or spectators will be arriving by bus.
Storage Facility One per 20,000 square feet of storage buildings plus one (I)
(Self-Service) per 50 vehicle/boat storage spaces plus one (I) per 300 square
feet of office areas. Minimum of four (4).
Supermarket One (1) per 200 square feet for those not within a shopping
.. center. For those within a sh6pplng center the parking ratio
shall be computed the same as for that shopping center.
Supermarkets shall also meet the green space requirements and
rear parking requirements as shown pursuant to shopping centers
as set forth in this Section.
Swimming Pool/Hot One (i) per 75 .square feet of water are. a.,~ for Ihe first 1,000
Tubs/Spas (Outdoor) square feet and one (I) for each additional 125 square feet of
water areas. A single family house is exempt from this
requirement.
Cdd!er County 2-117
Land Developmen~ Code October JO, 1991
Television/Radio Studio One (I}'. per employee of largest shift or one (1) per 400 square
feet, whichever is greater. Plus three (:3) for visitors.
Temporary Parking for In the case of' a church, community or other sporting event
Sports Events, Religious which openttes on an intermittent or seasonal basis, the required
Events or Community off-street parking n'~y be provided on a temporary basis and
Events need not be pern-.m~ently designated, paved, drained, or
landscaped, provided the use has been approved and issued by the
Development Services Director in accordance with applicable standards
for the use.
Travel Trailer/ One (1) per campsite lot or other 'FTRVC lot.
Recreational Vehicle
Park Campsite '
Veterinarian One (i) per 200 square feet except for animal holding areas.
One (1) per 10 animal holding arets.
Warehouse, W~olesale One (1) ~ 1,000 square feet except for sales/office areas which
Establishmemt am one (1) per 2'/5 square feet.
Vested Projects:
All type~ of Site Development Plans that have been formally submitted or approved by Sanuary
29, 1991, will be exempt, at the election of the applicant, from the new parking r~quirements of
Sec. 2.3.14 as long as commencement of construction occurs on the project by January 29, 1992.
Furthermore, amendments to these exempted Site Development Plans will also be exempted, at
the election of the applicant, but only where the amendments are considered an Insubstantial
Change per Sec. 3.3.7. For this Subsection, 'comn~ncement of construction' means the physical
· ct of constructing or installing on or in the property substantial infrastructure as approved in the
Final Approval of the Site Development Plan. Where this paragraph conflicts with any portion of
Sec. 1.5.2, this paragraph shall prevail over Sec. 1.5.2.
SEC. 2.3.15 OFF-STRE[;T LOADING: sPECIF/CATIONS. Off-street loading facilities are required by this
Code so that vehicles engaged in unloading will not encroach on or interfer~ with public use of
streets and alleys by pedestrians and automotive vehicles and so that adequate space will be
available for the unloading and loading off the street of goods, materials, or things for delivi:ry
or shipping. Off-street loading facilities supplied to meet the needs of one use may not be
considerr, d as meeting the needs of,another use. O/f-street parking facilities may not be used for
or counted as meeting o/f-street loading requirements.
2.3.15.1 When the use of a structure or land or any part thereof is changed to a use requiring off-street
loading facilities, the full amount of o./f-street loading space required shall be supplied and
maintained. When any structure is enlarged or any use extended so that the size of the resulting
occupancy requires o/f-street loading space, the full amount of such space shall be supplied and
maintained for the structure or use in its enlarged or extended size.
Collier County 2.118 October JO. 1991
l~d D~elopn~nt Code
2..3.15.2 Each off-street loading space shall be directly accessible from a street or alley without crouing
or entering any other required off-street loading space of oft*street parking space. Such loading
space shall be accessible from the interior of the building it servea and shall be arranged for
convenient and sate ingre~ and egress by motor track and/or trailer combination.
SEC. 2.3.16 OFF-STREET LOADING: PLANS REouIRED. A plan shall be-submitted with every
application for a building permit lot; any us~ or structure required to provide off-street loading
facilities. The plan shall accurately designate the required off-street loading spaces, access thereto,
dimensions and clearance. ,
SEC. 2~3.17 OFF-;STREET LOADING: RESERVATION. Areas reserved for required off-street.loading in
accordance with the r~quirements of this Code shall not be reduced to area or chan~ed to any.
other use unless the permitted or permissible use that it serves is discontinued or modified or
equivalent required off-street loading is provided in accordance with the requirements of this
Code. "
SEC. 2.3.18 O_FF-STREET LOADING: COMBINED OFF-STREET LOADING. Collective, joint, or
combined provisions for off-street loading facilities for two (2) or mom buildings or uses'may be
made, provided that such off-street loading facilities are equal in si~ and capacity to the combined
requirements of the several buildings or uses and are designed, located, and arranged to be usabl9
thereby, ' I~
SEC. 2.3.19 OFF-STREET LOADING REOUTREMENTS. Off-street loading space~ shall'be provkl. 6d and
m~dntsined as follows:
2.3.19.1 Each retail store, warehouse, wholesale establishment, industrial activity, terminal, market,
restaurant, funeral home, laundry, dry cleaning establishment, or similar use which'has an
aggregate floor area of:
Souare feet Ho, of Spac~
5,000 but not over 10,000 1
10,000 but not over 20,000 2
20,000 but not over 50,000 3
Plus one (1) additional off-str~ loading space for each additional 25,000 square feet over 50,000
square feet or major fraction thereof.
· 2.3.19.2 For each multiple family dwelling facility having at Ica~t twenty (20) dwelling units but not over
fifty (50) dwelling units: one (1) space. For each multiple family dwelling facility having over
fifty (50) dwelling units: one (1) space, plus one (I) space for each additional fifty (50) dwelling
units, or major fraction thereof.
2.3.1°..t For each auditorium, convention hall, exhibition hall, museum, hotel or motel, office building,
sports arena or stadium, two (2) or more buildings or uses may be permitted to combine their off-
street loading facilities, provided that such off-street loading facilities meet the requirements of
mm
Collier County 2.119 October JO. 1991
Land Development Code
_~dtfO~q ~,$ Ol~.Street Parktn_~ and [.oadln,f
this Code, are equal in size and capacity to the combined requirements of the several buildings
or uses, and are designed, located, and arranged to be usable thereby; hospitals, sanitariums,
welfare institutiohs, or similar uses which have an aggregate gross floor area of:
Over 5,000 square feet, but not over 20,000 square feet: one (I) space; plus for each additional
25,000 square feet (over 20,000 square feet) et major' fraction thereof: one (1) space.
'2.3.1~.4 For facilities in Sec. 2.3.19 not of su~cient aiz~ to. me~t the minimum requirements set forlh
2.3.19, to insure that no deliveries or shipmea~ts of goods or products will require the use,
however temporary, of any public right-of-way or required off-street parking space for the parking
of a delivery vehicle.
2.3.19.S For any use not specifically mentioned, the requirements for off-street loading facilities for a use
which is so mentioned and to which the unmentioned use is similar shall apply.
SEC. 2.3.20 O}T-STREET PARKING SPACF_~ REOUIRED FOR DISABLED FERSQNS.
2.3.20.1 Publicly Og4~Tated or Maintained Buildirms.
2.3.20.1.1 One (1) space in the immediate vicinity of a building maintained and operated with public funds
and intended for use by the public, including, but not limited to, state office buildings,
courthouses, rehabilitation centers, and hospitals; except a minimum of four (4) spaces shall be
provided at physical restoration rehabilitation centers.
2.3.20.1.2 One (1} space for each 150 meten:d on-street and publicly maintained and operated parking lot
2.3.20.2 P;Svatelv Ooerated or Maintained Buildin~s or B~ines~e~.
2.3.20.2.1 Any busing, s, firm, corporation, person,.or other entity, except as provided for in Sec. 2.3.20.1,
which operates or maintains a building which'is used by the public or to which the public has
access shall provide specially designed and marked motor vehicle parking spaces for the exclusive
use of physically disabled persons who have been issued parking permits pursuant to Sec.
320.0848, Florida Statutes.
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 handicapped persons:
REOUIRED NUMBER OF
TOTAL SPACES IN LOT RESEI~VED SP^CES
up to 25 1
26 to 50 2
51 to 75 3
76 to 100 [~[ 225
Cotlt*r Co~nt~ 2-120 October JO, 1991
~)~v~tfOft 2,$ O[l'-Strect ~ark~n~ and Loadlne
REOUIRED NUMBER OF
TOTAL SPACES IN LOT RESERVED SPACES
101 to 150
151 to 200 6
201 to 300 7
301 to400 8
401 to 500 9
501 to lO(X) 2% of to~ai
2.3.20.3 Soecific R~ulrements and Design.
2.3.20.3.1 All space~ shall have aoce~ible thereto a curb-ramp or curb-cut, when necessary to aUow access
to tho building ~ervod, and shall bo located ~o that u~ra will not bo compelled to wheel behind
parked v&iclea.
23.203.2 Diagonal or perpendicular parking spaces shall bo · minimum of twelve (12) feet wide.'
2.3.20.3.3 Parallel parking spaces shall bo located either at the bogirming or end of · block or a~ljacent tO
alley entrance~. Curb~ adjacent to tach spaces ~hall be of a height which will not inteHere with
the opening and closing of motor vehicle
2.3.20.3.4 Each such parking space shall bo prominently outlined with paint and posted with a fixed, non-
movable sign of a color and design approved by the Department of Transportation, bearing the
intemation&lly ac~ted wheelchair symbol and the caption 'PARKING BY DISABLED PERMIT
ONLY.'
SEC. 2.3.21 STANDAILDS FOR PARKING WITHIN THE IMMOKALEE CENTRAL BUS[NESS
DISTRICT.
2.3.21.1 Primary Area: Loo, parcels, or u~ea which have frontage on We~t Main Street (S.R. 29) or First
Street (C.R. 846) shall compri~ the primary area.
2.3.21.1.1 ~: Use~ in existence aa of the effective date of this Code are exempt from the
minimum parklng..requirement~ aa ~t forth in Sec. 2.3.14'except that existing ~ shall not
reduce the number of spaces below that which is provided as of the effective date of this Code.
2.3.21.1.2 ~: The expansion of any u.~ shall require parking at 50% of the minimum requirement
aa ~et for~a in Sec. 2.3.14, for the expansion only.
2.3.21.1.3 Chamte in Existin~ Use: A change of any use shall bo exempt from the minimum par.king
requirements aa ~t forth in Sec. 2.3.14 up to an intensity level of one (1) parking space per I00
square feet. A change of use to an intensity of greater that one (1) space per 100 square feet shall
require parking at one (I) parking space per 150 square feet.
Collier County 2.121 October $0. 1991
~ Development Code
and ~oadtnt
2.3.21.1.4 glses in New Buildings: Any ur~ in a building constructed after the effective date of this Code
will be required to provide parking at 50% of the minimum requirement as set forth in Sec.
2.3.14.
2.3.21.2 SecondarT_ Area: Lots, parcels, or uses which do not have frontage on Main Street or First Street
shall comprise the secondary area.
2.3.21,2.1 ~: Uses in existence ns of the effective date of this Code are exempt from the
miaimum parking requirements as set forth in Sec. 2.3.14 except that existing'uses shall not
reduce the number of spaces below that which is provided as of the effective date of this Code.
2.3.21,2.2 ~,dii/llll,~: The expansion of any use shall require an addition to any parking of the minimum
number of required spaces as set forth under Soc. 2.3.14, for the expansion 0nly.
2.3.21.2.3 ~hanee in Existin~ Use: A change of ashy use sh~ll be exempt from the minirn~m parking
requirements as set forth in Sec. 2.:3.14 up to s.n intensity level of one (I) parking space,per 100
square fe~t. A change of use to an intensity of greater that one (I) parking space per 100 square
feet shall require parking at 50~ of the minimum requirement as set forth under Sec. 2.:3.14. No
change in use shall allow for · reduction of the current number of parking spaces provided.
2.3.21,2.4 Uses in New Buildirms: Any use in a building constructed after the effective date of~his Code
will be required to provide parking at 67% of the minimum requirement as set fo~th in Sec.
~ (8.23).
2.3.21.3 Off-Site Parkinn Atreements. In no way shall the provisions of the Irnmok~lee Central Business
District (ICBD) be construed so as to prevent establishments within the boundaries from taking
advantage of off-site parking arrangements aa set forth in Sec. 2.3.'4.1 I. Furthermore, the
maximum distances set forth in Sec. 2.3.4. I 1 shall be increatsed to 600 feet within the boundaries
of the ICBD. Properties within the ICBD entering into off-site parking agreements with properties
outside the ICBD may utilize the 600 foot rule.
2.3.21.4 Boundaries of the District: The physical limits of the lmm°kalee Central Business District are
as shown on the official zoning atlas map of the subject ar~, and as described below:
Beginning at the intersection of First Street and Third Avenue, the ICBD bou.ndary proceeds
westerly along the center line of Third Avenue to its intersection with North Fifth Street to its
intersection with Second Avenue, then westerly along the center line of Second Avenue to the
northerly extension of the east line of Lot 33, Block A, Joyce Park Subdivision, then southerly'
along said lot line to the southe, ast corner of said lot, then westerly along the south lot line of Lots
33, 34, and 35 to the southwest corner of Lot 35, then northerly along the we.stem lot line of Lot
35 to the center line of Second Avenue, then westerly to the center line of North Ninth Street,
then southerly to the westerly extension of the north lot line of Lot 12, Block 6, Carson's
subdivision, then easterly, northerly and easterly with the north lot line of Lot 12 and continuing
easterly to the northeast corner of LOt 6, Block 4, Carson's Subdivision, then southerly to the-
center line of Boston Avenue, then easterly to the center line of Fourth Street South, then
southerly to the western extension of the south lot line of Lot 5, Block 9, Carson's Addition
Subdivision, then easterly to the center line of Third Street South, then southerly to the center line
Collier County 2-122 October $0. 1991
Land Development Code
D~4tlon 2.$ / Off-Stree~ P~rkln~ and Lm~dtne
of Color~do Awnue, then ~azterly to the center llne of S~cond Str~et South, then southerly to the
center line of Eustis Avenue, then easterly to the southern extension of the center line of Fahrney
Street, then northerly with the center line of Fahrney Street to the center line of Delaware Avenue,
then wezt~ly to.the southern extension of the eazt lot line of Lot 14, Block I. Mainline
Subdivision, then northerly to the center lin0 of Rose Avenue, then westerly to the center line of
South First Street, then northerly to the Point of Beginning.
2.125 October
Code
DIV. 2.4 LANDSCAPING AND BUFFERING.
SEC. 2.4.1 TITLE AND CITATIQN. This division shall be known and may be cited as the 'Collicr County
landscaping Code.'
SEC. 2.4.2 ]'UR~SE AND l]h'TElh~T. The purpose and intent of the land.scape code is to promote the
health, safety, and welfare of residents of Collier County by establishing minimum uniform
standards for the installation and maintenance of landscaping; to improve the aesthetic appearance
of commercial, industrial, and r~sidential developments through the requirement of minimum
landscaping in ways that harmoni~ the natural and built environment; to promote preservation and
planting of native plants and plant communities to provide physical and psychological benefits to
persons th.rough landscaping by reducing noise and glare, and by screening and buffering the
harsher visual aspects of urban development; to improve environmental quality by reducing and
reversing sir, noise, heat, and chemical pollution through the preservation of canopy trees and the
creation of shade and microclimate; to reduce heat gain in or on buildings or paved areas through
the filtering capacity of trees and vegetation; and to promote water conservation by encouraging
the use of native and drought tolerant vegetation and properly zoned irrigation systems through
xeriscape.
SEc. 2.4.3
2.4.3.1 Landscaoe Plan Reouired. Prior to the issuance of any preliminary subdivision plat, final site
development plan, or building permit; an applicant whose development is covered by the
requirements of this section shall submit a landscape plan to the Development Services Director.
The landscape plan shall be p~ by and bear the seal of a landscape architect registered in
the State of Florida; or otherwise be prepared by persons authorized to prepare landscape pl~s
or drawings for submittal to government entities as outlined in Chapter 481, Part 11, (Landscape
Architecture) of Florida Statutes. The landscaping required for single-family, two-family, and
mobile home dwelling units, shall be shown on the building permit plot plan. This plan is not
required to be prepared by and bear the ~.al of a landscape architect.
The landscape plan shall be drawn to a suitable scale, include dimensions, north an'ow, date, title,
project owner's name; delineate the existing and proposed parking, vehicular use areas, buildings,
access points, and roadways; show ali utility lines or easements, and show the location of. existing
and proposed planting areas and vegetation communities and designate them by species name. The
code required landscaping shall be highlighted or indicated on the plan to differentiate from the
applicant's provided landscaping th'at is in addition to that required by this code. The plan shall
show the location of permanent vegetation protection devices, such as barricades, curbing, and tree
wells. The plan shall also include a chart indicating graphic plant symbol, botanical and common
name, quantity; height, spread, spacing, native status, and drought tolerance rating and type of
mulch. In addition, a tabulation of the code required landscaping indicating the calculations
necessary to insure compliance with this code shall also appear. No use required under this section
to provide landscaping shall receive a certificate of occupancy without specific approval of such
landscal~ing plan tad its installation.
2.4.3.2 Irrigation Plan Required. Prior to the issuance of any preliminary subdivision plat or final site
development plan, an applicant whose development is subject to the requirements of this section
Collier County 2-124~ · October $0. 199i
LandDeveloprnentCodt l~ 04'9~1~r*~220
shall submit a sa~parate irrigation plan to the Develop .meat Services Director. The plan shall be
prepared by persons qualified to prepere irrigation plans, such ~s an irrigation designer or
landscape architect.
The irrigation plan shall be drawn to a suitable scale; show existing vegctaiion to remain; delineate
existing and proposed buildings and other site impl;ovements, parking spaces, aisles, and
driveways; indicate main, valve, ~nd pump locations, pipe sizes and specifications, show controller
locations and specifications, show back flow preventor and rain sensing devices and include a
typical sprinlder zone plan indicating type, specifications and spacing; and coverage. If drip
irrigation or soaker hoses are proposed, their layout shall be shown.
Irrigation systems shall be designed to avoid impacts with existing vegetation and tield changes
may be made to avoid disturbance of such vegetation, such ~s line routing, spri..nldcr head
placement and spray direction adjustments.
2.4.3.3 Existlnu Plant Communities. Existing plant communities and ecosystems shall be maintained in
a natural state and shall not be required to be irrigated. Native plant areas that are supl~lernents
to an existing plant community or newly installed by the developer shall be irrlgsted on a .....
temporary basis only during the Period of establishment from a temporary irrigation syst,cm, water
truck or by hand watering with a hose.
2.4.3.4 .~,Ull~. Cultivated landscape areas shall be provided with an auiomatic irrigation
system to improve the survivability of the required landscaping. Sprinkler heads irrigating lawns
or other high water demand aregs shall be circuited so that they are on a separate zone or zones
from those irrigating trees, shrubbery, ground cover, flowers, or other reduced water, requirement
areas. Automatically controlled irrigation systems shall be operated by an irrigation controller that
is capable of watering 'high water" requirement areas at different frequencies and durations than
"low water' requircrnent areas. Landscaping shall be watered on an ts needed basis only.
Irrigation systems shall be designed for the zoning of high. and Iow water use areas and one
hundred (I00) percent head to head coverage or the equivalent for porous pipe systems. These
requirements may be adjusted for retention areas. The irrigation system shall be designed and
installed in accordance with the Florida Irrigation Society, 'Standards and Specifications for Turf
and Lamdscape Irrigation Systems' (ns amended). Irrigation systems utilizing well.water shall be
designed and maintained in a manner which eliminates staining of the building, walks, walls and
other site improvements. All systems shall be designed to eliminate the application of water to
impervious areas. Irrigation systems, other than drip or soaker hose systems, shall be operated
between the hours of midnight and ten a.m.,unless the operation of multiple zones requires
additional time. South Florida Water Management District (SFWMD) or other utility company
water use restrictions shall supersede these requirements. There are no operational requirements
for irrigation systems utilizing effluent.
Affordable housing projects shall be exempt lmm the irrigation requirements of this Division.
This exemption shall not apply to the requirements for rain-sensing devices if irrigation is installed
voluntarily by the applicant.
Cotller C~unty 2-123 October 30. 1991
~ Dewelopment Code
All n~v r~idential, commercial, and industrial developments shall be irrigated by the use of an
automatic irrigation system with controller s~t to apply .water in a manner consistent with this
Division. Moisture detection devices shall be installed on all automatic sprinkler systems to
override the sprinkler activation mechanism during periods of increased rainfall. Where existing
irrigation systems are modified requiring the acquisition ora permit, automatic activation systems
and overriding moisture detection devices shall be installed in compliance with this Division.
2.4.3.5 If~tallalion. Prior to the issuance of any certificate of o~cupancy for a use required to provide
landscaping and irrigation in accordance with this section, all r~quired landscaping and irrigation
shall be installed and in place aa set out in the.plans approved under Subsections 2.4.3.1 and
2.4.3.2. Ail plant materials mint be installed in accordance with accepted landscape practices in
the area and rra~t the plant material standards contained in Sec. 2.4.4. Plant materials shall be
installed in soil conditions that are conducive to the proper growth of the plant material. A plant's
growth habit shall be considered in advance of conflicts which might arise (i.e. views, signage,
overhead powerlines, lighting, circulation, etc.). Trees shall not be placed where they interfere
with site drainage, subsurface utiliti~, or overhead utility lines or where they shall require
frequent pruning in order to avoid interferences with overhead power lines. Trees shall not be
planted in areaa that retain excessive quantities of water or will require excessive amounts of fill
placed over the root system, that will affect the health of the tree species. Required landscaping
shall not be placed within easements without written approval from ali entities claiming an interest
under said easeme, nt.
All requited landscaping shall be installed in aCCOrdance with plans approved under Sec. 2.4.3.1 -
2.4.3.2. A' Surr. ty Bond in the form of an irrevocable letter of credit, performance bond or cash
in the subetance and form acceptable to the Collier County Attorney shall be tendered by the
applicant at fifty (50) percent of the inst~tlled vsdue of the landscape required by this Code. The
s~r~ty bond shall be held by the County and shall be subject to release twelve (12) months from
the date of issuance of a Certificate of. Occupancy, upon r~-inspection for compliance by
In instances where an act of God or conditions outside the contr, oi of the applicant have prevented
immediate installation, the Development Service~ Director, if furnished with a statement which
includes good and sufficient evidence that'state~.that the r~quired plantings will be installed when
conditions permit, may issue a Temporary Certificate of Occupancy. If the required plantings are
..
not installed when conditions permit, then the County may revoke the Certificate of Occupam:y.
2.4.3.6 Prunh~. Vegetation required by this code shall only be pruned to promote healthy, uniform,
natural growth of the vegetation except where necessary to promote health, safety, and wclfare
and shall be in accordance with "Pruning Standards" of the National Arborist Association. Trees .
and shrubs shall not be severely pruned in order to permanently maintain growth at a reduced
height or spread. Pruning shall not interfere with the design intent of the original installation. A
plant's growlh habit shall be considered' in advance of conflicts which might arise (i.e. views,
signage, overhead powerlines, lighting, circulation, etc.)
'2.4.3.7 Maintenance. The owner shall be responsible for the continued maintenance and upkeep of all
required landscaping so aa to present a healthy plant in a condition representative of the species.
All landscapes shall be kept free of refuse, debris, disease, pests, and weeds and shall be fertilized
Collier County 2-126 . Ocwber $0, 1991
nad irrigated to malntsJn plants in a healthy condition. Ongoing maintenance to prohibit the
establidunent of prohibited exotic species is required. A~y plant materials of whatsoever type et
kind required by these regulations shall be replaced within thirty (30) days of their demise and/or
removal. Compliance Services will inspect areas.affected by this code and issue citations for
violations. If' the required corrective action is not taken within the time allowed, the County may
u~e any available means of enforcement to secure compliance. The~ shall include, but not be
limited to t~e following:
1. Prosecution heft)re the Collier County Code Enforcement Board;
2. Prosecution by the State Attorney's Office as provided by Florida Statutes; :
3. Withholding of any Pernfit, Construction Plan Approval, Certificate of Occupancy, or
inspection by the County;
4. Placing a lien on the property, to include all adrr~nistrative, legal, material and
installation costs.
SEC. 2.4.4 FLANT MATERIAL STANDARDS AND INSTALLATION b"TANDARDS. "
2.4.4.1 Oua. liiv. Plant materials used to meet the requirements of this section shall meet the Standards for
Florida No. i or better, a.s set out in "Grades and Standards for Nursery Plants", Part l, and Part~ "-'
II, Department of Agriculture, State of Florida (as amended). Root hall sizes on all trad~lanted
plant materials shall also meet State standarda.
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 specie, as determined by accepted valid
scientific reference. References to be used in th_is determination may include, but not be limited
to:
Long, R.W. and O. Lakela, 1976. A Flora of TrooiCa] Florida.
Snail, J.K. 1933. A Manual of the Southeaster11 Flora.
Wunderlin, R.P. 1982. Guide to the Vascular Plants 0[ (~Cr~tral F]0rida,
Where xeric plants are to be utilized, use the South Florida Water Management District, Xerlscape
Plant Guide ~as amended) ts a reference.
'2.4.4.2 Trees. All required new individual canopy trees, shall be species having an average mature spread .
or crown of greater than twenty (20) feet in the Collier County area and having trunk(s) which
can be maintained in a clean condition over five (5) feet of clear wood. Trees having tn average
mature spread or crowu less than twenty (20) feet may be substituted by grouping the same so as
to create the equivalent of twenty (20) foot crown spread. Cjustering of three (3) or more palms
shall equal one canopy tree. Palms may be utilized as part of. a landscaping plan, palms shall not
be utilized in fulfilling more than thirty (30) percent of the requirements of this division. The
Development Services Director may approve utilizing more than thirty (30) percent of palms on
the site, if the existing site has significant amounts of palms to be retained or relocated on site.
For code required trees, at least fifty (50) percent of the trees at the time of installation shall be
a n'finimum of ten (10) feet in height, have a one and three quarters (I 3/4) inch caliper (at twelve
Collier County 2-127 Octbber JO. 1991
Land Development Code
(12) inch~ a~ve ~e groun~ ~d a four (4) f~t ~. ~e re~ining c~e ~uir~ Ir~, at
~e ti~ of ins~llation, s~ll ~ at I~ eight (8) fret in height, have a one ~d one ~lf (I I/2)
inch ~li~r (at ~elve (12) inch~ n~e the ground) ~d a tht~ (3) f~t spr~d. A ~nimum of
~v~ty (70) ~nt of the ~ui~ tr~ s~ll ~ ~opy tr~.
All.n~ t~, including pal~, s~l[ ~ of a ~i~ having ~ average ~ture height of tiffin
(15) f~ or g~ter.
2.4.4.3 ~. S~ sMll ~ a ~mum of ~ty four (24) inch~ ~ height a~w the
~j~t ~ve~t m~ ~ui~ ~ ~ buffe~ md/or ~n~ when ~ at ti~ of
pint,g, gm~ ~ a ~m (3) gallon ~n~ ~d ~ ~ eight~ (18) ~ ~y-six (36) inch~
on ~. ~ey s~l ~ at I~ ~iay six (36) ~ch~ ~ height wi~n ~elve (12) ~n~ of time
of pirating ~d ~11 ~ ~in~in~ at a height of no I~ thru lhiay-six (36) ~ch~ a~ve the
~j~nt pave~nt ~ui~ to ~ bu'ffe~ md/or ~n~ in ~mity, except for visibility ~t
intentions ~d where ~t6m ~ is provide. H~g~, where ~uir~, shall ~ pl~t~
in double stagge~ rows ~d ~in~in~ m ~ lo fo~ a continuo~, unbroken, mlid vi~! mr~n
wi~in · ~nimum of one (I) y~r a~r ti~ of pl~ting. ~em buff~6ng ~d/or ~r~ng is
r~uir~, shrubs shall ~ pl~t~ ~d ~inNin~ at a height ~ s~ifi~ in S~. 2.4.7.4 of this
~e, exit where strut visibility is r~ui~. Double s~gger~ rows of h~g~ shall ~ r~uir~
only in t~ "D' buffe~.
2.4.4.4 Gm~d Cove. Gm~d ~vers shall ~ ~11~ in a ~er w~ch p~ent a F~sh~
ap~ md ~mplem ~ve~ge. S~ne. g~yel, or ~y a~ificial gro~d ~ver ~11 not
utili~ for ~m ~ ~ty (20) ~t of ~e lm~ a~. Um of ~tive gmund~v~ is
~u~g~.
2.4.4.5 Q~anic Mulch R~~. A ~o (2) ~ch ~mum layer a~er watefing-~, of org~c
pl~t~gs. ~h t~ shall ~ve a ~g of org~c mulch no I~ ~ ~eive (12) inch~ ~yond
t~ ~ all diction, No rare ~ ~enty-five (~) ~nt by volume of the mulch ~ on a
site ~y ~ cyp~ mulch.
pmvid~ ~lid ~ shall ~ ~ in ~l~ or o~ a~ ~bj~t to erosion ~d provid~
i~iatz ground core,ge until ~t ~ve~ge is achieve. ~e ~ of drought tole~t .
2.4.4.7 Site S~iHc H~t Mat~al. T~ ~d other vege~tion shall ~ pI~t~ in ~il ~d cli~tic .
~nditions which a~ appmpHa~ for their ~ habit. ~z Development Se~i~ Di~tor shall
~view ~d approve I~ plus b~ on the following cdteNa. R~uir~ pl~ ~ in the
2.4.4.7.1 Appmpdate Io the conditions in which they a~ to ~ pl~t~ (including drought, ~lt ~d
toledo).
2.4,4.7,2 Have non-~nvaaive growth habits.
2.4.4.7.3 Encourage Iow maintenance.
2.4,4.7.4 Be otherwise consistent with the intent of this Division.
2.4.4.8 Pr~hlbited Soecie~. The following plant species are prohibited.
2.4.4.8.1 Broussonetia oaovrifera' (Paper Mulberry)
2.4.4.8.2 Any member of the family ~arinaceae (Australian Pine)
2.4.4.8.3 Enterolobh~m Cvclocar~um (Ear tree)
2.4.4.8.4 ~elalcuca spp. (Punk)
2.4.4.8.5 ~ (Chinaberry tree)
2.4.4.8.6 ~hlnus ter~binthinfolius (Brazilian Pepper )
2.4.4.8.7 Ehodomvrtus tomentos~s (Downy rosemyrtle)
2.4,4.8.8 [~ischofia iavanica (Bishopwood)
2.4,4.8,9 ,~-vola fmtescens (Australian Inkberry)
· 2.4,4.8.10 ~ (Java Plum)
2.4.4.8.11 ~ (Cat-claw mimosa)
2.4.4.8.12 Acacia audculiforr~s (Earlcaf Acacia)
TMs list shall be subject to revisi°n aa exotic plant species are determined to be noxious, invaaive.
cause e, nvlrunn~-ntal 'degradation to native habitats, or to be detrimental to human health, safety
or the public welfare,
2.4.4.9 [~l'ohibited Exotic ~_m, cies. In addition to the prohibitions outlined in Sec. 2.4,4.8. the following
species or seeds thereof shall not be grown, offered for sale, or transported inter-county or intra-
county.
2.4.4.9.1 Melale~! spp. (Punk)
2.4.4.9.2 Schinus ~ (Brszilian pepper)
2.4.4.9.3 Any member of the family Casuarinacaeae (Australian Pine)
2.4.4.9.4 Rhodomvrms to~lentosu~} (Downy Rosemyrtle)
Collier County 2-129 October JO. 1991
~ Devetopment Code
2.4.4.10 Exisfinn Plant Material. In meeting the requirements of landscaping, the Development Services
Director may permit the use of healthy native plant material existing on site. In so doing, the
Development Services Director may adjust the application of the standards of these regulations to
allow credit for such existing plant material, l~rovided, he m~y not permit the reduction of
required percentage~ of a l.andscaped area or reduction, in numbers of trees or shrubs required,
unless otherwise allowed pursuant to Sec. 2.4.4.1 I. Removal of vegetation is subject to the
Vegetation Remowd, Protection, and Preservation Section (Division 3.9).
All new development shall retain existing native vegetation to the maximum exten! possible.
Existing native vegetation shall be retained unless stormwater management design, necessary grade
changes, requirod infrastructure or approved construction footprints necessitate its removal. The'
need to remove existing vegetation shall be demonstrated by the applicant ~s a part of the
site/conatruction plan review process. Areas of retained vegetation shall be pre. served in their
entirety with all trees, understory, and grot, md covers left intact and undisturbed provided that
prohibited exotic plant materials ~s defined herein am to be removed . .
During construction, all reasonable steps necessary to prevent the destruction or damaging of
existing vegetation shall be taken. No excess soil, additional fill, equipment, liquids, or
construction debris, shall be placed within the drip line of any vegetation that is required to b~
pre. served, or that will be credited towards the required landscaping.
Protective barriers shall be installed ind maintained beyond the drip line of all retained vegetation
un/ess site improvements prohibit installation of barriers beyond the dripline, and shall remain in
place for the duration of the construction process phas~.
· 2.4.4.11 Tree Preservation Credits. Existing.trees may be credited towards me'ting the minimum tree
planting requirements according to the formula in Table 2.4.4. Fractional measurements shall be
attributed to the next lowest category.
TABLE 2.4.4
CALCULATION OF TREE FRESERVATION CREDITS
EXISTING CROWN SPREAD or DIAMETER OF TREE AT '= NUMBER OF
· OF PRESERVED TREES 4.5 FEET ABOVE TREE CREDITS
NATURAL GRADE
$0 feet or greater or 26' or greater = 6
40 to 49 fect or 20 to 25" = 5
30 to 39 feet or 13 to 19" ~ 4
20 to 29 feet or 8 to 12" -, 3
10 to 19 fe~t or 2 to 7" · -, 2*
less than I0 feet or ! I/2 to 2' =, 1'
· credited against equivalent requited tree only.
Collier County 2-1JO October $0, 1991
Land Development Code
2.4.4.12 Trees Excluded from ~ation Credit. No credit shall be given for preserved trees which:
2.4.4.12.1 are not located within the areas of the property for which trees are required by the code;
2.4.4.12.2 are located in required ~atural preservation areas indicated on an approved master land use plan,
site development plan or plat;
2.4.4.12.3 are requlre,.l te be preserved by Federal, State or local law, such as mangroves;
2.4.4.12.4 are not pr,~perly protected from damage during the construction process, as provided in Sec.
2.4.4.12.5 tre prohibited species identified in Sec. 2.4.4.8;
2.4.4.12.6 are dead, dying, diseased, or infested with ~,armful insects;
2.4.4.12.? are located in recreation tracts, golf.courses or similar subareas within planned developments
which are not intended to be developed for residential, commercial or industrial use (unless
abutting said use, and the reclUi~cl buffer width is dedicated on the plat as a landscape buffer
e~.~ment); or
2.4.4.12.8 are not located within the boundaries of the parcel.
2.4.4.13 Safe Sinht Distance Triannles at Intersection and Access Point~. Where an acceasway intersects
a fight-of-way or when a property abuts the intersection of two (2) or more rights-of-way, a
minimum safe sight distance triangular area shall be established. Within this area, vegetation shall
be planted and maintained in a way that provides IHlobstructed visibility at a level between thirty
(30) inches and eight (8) feet above the crown of the ad.~acent roadway. Landscaping shall be
located in nccordance with the roadside recovery area provisions of the State of Florida,
"Department of Transportation's Manu~l of Uniform Minimum Standards for Design,
Construction, and Maintenance of Streets and Highways" ("DOT Green Book") where appropriate.
Where an nccessway enters a right-of-way, two safe distance triangles shall be created diagonally
across from each other on both sides of the acces.sway. Two sides of the triangle shall extend ten
(10) feet each way from the point of intersection from the edge of pavement and the righ't-of-~vay
line. The third side of the triangle shall be a line connecting the ends of the other two sides.
Where a property abuts the intersection of two rights-of-ways, a safe distance triangle shall be
created. Two sides of the triangle shall extend twenty-five (25) feet along the abutting right, of-way '
lines, meatsured from the point of intersection. The third side of the triangle shall be a line
connecting the ends of the other two sides.
S'EC. 2.4.5 MINIMUM LANDSCAPING REOUIRED FOR VEIIICULAR'USE ^REA,~.
2.4.5.1 Aoolicabilitv. The provisions of this Section shall apply to all new off-street parking or other
vehicular use areas. Existing landscaping which does not comply with the provisions of this code
shall be brought into conformity to the nutximum extent possible when: the vehicular use area is
altered or expanded except for restriping of lots/drives, the building square footage is changed,
or the structure has been vacant for a period of ninety (90) days or more and a request for an
occupational license to resume business is made. These provisions shall apply to all developments
with the exception of 'single-family', "two family', and mobile home dwelling units, dwellings
on individually platted lots. Any appeal from an administrative determination relating to the~
regulations shall be to the Board of Zoning Appeals or equivalent. Prior to issuing occupancy
permits for new construction, implementation and completion of landscaping requirements in off-
street vehicular facilities shall be required. Where a conflict exists between the strict application
of this Division and the requirements for the number of off-street parking spaces or area of off-
street loading facilities, the requirements of this ·Division shall apply.
2.4:5.2 Landscaoinn Reouired in Interior of Vehicular U.~g Arra~. 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 tree~ or to preservation of existing vegetation shall he landscaped with grass, ground
cover, shrubs or other landscape treatment. One tree shall be provided for every one hundred fifty
(150) ~4uare 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.
All rows of parking spaces shall'contain no more than ten (10) parking spaces uninterrupted by
a required landscaped island which shall measure inside the curb not less than eight (8) feet in
width and at least eight (8) feet in length and at least one hundred (100) square feet in area. At
least one (I) tree shall be planted in each island. These islands shall not be used as retention areas
or as swales. Landscape islands for compact car parking areas shall he at lea~t seven (7) feet in
width and at least one hundred (10C)) square feet in area. These tree requirements shall be met
with exist, lng native trees whenever such trees are located within the parking area and may. he
feasibly incorporated into the lancLscaping. In no instance shall a parking stall be farther than fifty
(50) feet from a tree, measured to the tr~e trunk. Interior landscaping areas shall serve to divide
and break up the expanse of paving at strategic points and to provide adequate shading'of the
paved area. Perimeter landscaping shall not he credited toward interior landscaping.
Interior landscaping areas shall be provided within the interior of all vehicular use areas.
Landscaped areas, wall structures, and walks shall require protection from vehicular encroachment
through appropriate wheel stops or curbs or other structures.
Interior landscaping areas shall meet the requirements of Division 2.4.3.5, 2.4.3.6, and 2.4.3.7..
Alternative de.signs may be approved that achieve equivalent re.cults subject to approval by the
Development Services Director.
2.4.5.3 Vehicular Overhan~ of Lanclscaoed Area<. The front ora vehicle may overhang any landscaped
area a maximum of two (2) feet, provided the landscaped area is protected by motor vehicle wheel
stops or curbing. Two (2) feet of such limdscaped area or walkway may be part of the required
depth of each abutting parking spaces. Walkways shall be a minimum of five (5) feet in width if
a vehicle is to overhang the walkway.
2.4.5.4 Green St)ace Reoulred in Shoooinn Centers. An additional area that is at least two percent (25i)
of the size of the vehicular use areas, shall be developed as green space within the front yard(s)
Land Development (.'ode October JO.
D~wla'hm 2.4 ~.and#Cantnlt and ~ull'erqnz
or courtyards of shopping centers. The courtyards shall only be located in areas that are likely to
be used by pedestrians visiting the shopping center. The two percent (2%) green space area shall
be in addition to other landscaping requirements of' this division, and may be used to meet the
open space requirements (See. 2.6.3.2), and shall be labeled 'Green Space" on all subdivision and
site plans. Green space shall be considered areas designed for environmental, scenic or non-
commercial recreation purposes and shall be pedestrian-friendly and aesthc.tically appealing. Green
space may only include the following: htwns, mulch, d~orative plantings, non-prohibited exotic
trees, walk-ways within the interior of the green space area not used for shopping, fountains man-
made watc-r 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 (I) foot of park bench per 1,000 square feet 6f building
area, and a minimum of one (1) tree for each 150 square feet of green space, uea. 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 aR in close
proximity to the retail shopping area. Benches may also be located in interior landscaped areas
and r, evemty-five ('/5) percent of benches may be located adjacent to the building envelope along
paths, walk'~,ays and within arcades or malls.
SEC. 2.4.6 bIIIN'IMUM LANDSCAPING REOUXR~MENT$. Landscaping for all new development, .-.
including.single family, two family, and mobile home dwelling units shall include, at a n~inimum;,
the number of trees s~t forth below. ~ dedicated as preserves and conservation areastshall not
be counted to meet the requirements of this section. Existing trees may be credited to meet thes~
requirements, purmxant to subsection 2.4.4.11. Trees shall meet the requirements of'Section
2.4.4.2. Existing residential development that does not meet the minimum landscaping
requirements of this Code, shall be required to install the required landscaping before a Certificate
of Occupancy is granted for any improvements to the property.
2.4.6.1 Residential developments: One (I) canopy tree per three 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.
2.4.6.2 Industrial and commercial develm~rnents: One (1) canopy tree per five thousand (5,000) square
feet of lot ar~a, or one (1) canopy tree per lot, whichever is greater.
2.4.6.3 Littoral Zone Plantin,~. All developments that create lake areas shall provide littoral zone
plantings of emergent, aquatic vegetation in accordance with-South Florida Water Management
District (SFWMD)' i'egulations.
. 2.4.6.4 ~Suilclln~ Perimeter Plantings. All ~hopping center, retail, office and similar uses shall provide
building perimeter plantings in the amount of ten (I0) square feet per one thousand (I ,000) square
feet of proposed building grofa floor area. These planting areas shall be located adjacent to the
building and shall consist of landscJpe areas, raised planters or planter boxes.
SEC. 2.,1.7. MINIMUM bANI)SCAlE BUFlrERING AND SCREENING BETWEEN USES.
2.4.7.1 Puruose and Intent. The purpose and intent of establishing landscape buffeting and screening is
Collier County 2-15J October JO. 1991
~snd Development Code
to ~u~ the ~t~tial in~mpatibility of ~j~t I~d ~, connie natu~l r~u~ ~d
~in~in o~n ~, prot<t ~ublish~ ~idential neigh~rh~s, ~d e~ce co--unity
identity. In order, to ~ni~ negative eff~ ~n adjacent l~d u~, this division promot~
the u~ of l~d~a~ buffem ~d ~ns to eli~nate or minimi~ ~tential nui~nc~ such ~ di~,
litter, noir, light, unsightly buildings ~d stmctu~, ~d off-strut parking ~d loading ar~.
Additionally, buffe~ ~d <~ns provide ~acing ~d I~d<aping to r~uce ~tentially adver~
imp<u of noir, ~or, or lighting. Buffe~ng refe~ to a stdp of I~d ~parating adja~nt l~d
~, wher~ ~r~ning mfem to fen~, walls, ~, tr~, sh~bs, or a combination of the~
~r~ning devi~ on the buffer ~fip.
2.427.2 Aooli~bilitx. %e buffeting ~d ~r~ning sh~ in Table 2.5 shall ~ r~uir~ under this ~tion
~d shall apply to all n~ develop~t ~d to development that ch~g~ building ~re f~ge
or exp~ vehicular u~ arm, to the gr~t~t extent ~ible. %~ provisions shall apply ~ the
previous existing a~ ~ well ~ to the n~ a~.
~ere a pro~y adjacent to the pro~ u~ is: 1) und~velo~, 2) undevelo~ but ~tt~
without the ~uir~ buffering ~d ~r~ing r~ui~ pu~nt to this C~e, or 3) develo~
without ~e buffeting ~d ~r~ning r~uir~ puget to this C~e, the pro~ u~ shall
r~ui~ to instil the ~ op~be buffer ~ pmvidM for in Table 2.4. ~ere pro~y adj<ent
to the pro~ m h~ provid~ the ~ op~ue buffer ~ provid~ for in Table 2.4, the
pro~ ~ shall instil a T~ 'A" buffer.
~e~ the in~ntion of existing native vegetation in I~d<a~ buffe~ is dete~n~ ~ ~ing
~uivalent to or ~ ex~ of the intent of this ~e, the Development Se~ic~ Dir<tor ~y
waive the pl~ting ~uire~n~ of ~is ~tion.
Buffeting ~d I~d~ping ~n si~lar r~idential I~d ~ ~y ~ inco~t~ into the yards
of individ~[ io~ or t~c~ without the ~to~ cr~tion of ~parate trac~. If buffering ~d
l~d~ping is to ~ I~ on a lot, it shall ~ aho~ ~ ~ ~ment for buffe~ng ~d
I~ping.
~e buffe~g ~d <~ning provisions of this C~e shall ~ appli~ble at the time of PI~ Unit
Development (PUD), Pmli~na~ Su~ivision Plat (PSP} or Site Development PI~ (SDP} r~view,
with the ins~llation of the buffering ~d ~ning ~uir~ puget to S<. 2.4.3.5
~d~ buffeting ~d ~ning~rd$ within ~y PI~ Unit Development shall conform
to the ~nimum buffeting ~d ~ning s~dar~ of the ~ning district to which it mst clo~ly
r~mbl~. ~e Develop~nt Se~ic~ Dir<tor ~y approve alternative [~d<a~ buffe~ng ~d .
~r~ning s~dards when such alternative s~n~r~ have ~n dcte~in~ by u~ of professionally
accep~ble s~dar~ to ~ ~uivalent to or in exce~ of the intent of this C~e.
2.4.7.3 S~ndards. Unl~ othcmi~ n~t~, all a~rds outlin~ in S~.. 2.4.4 shall apply. Tr~ ~d
shrubs shall ~ ins~ll~ at the height s~ifi~ in S<. 2.4.4.2.
2.4.7.4 TY~ of Buffe~: Within · r~uir~ buffer st~p, the following altemativ~ shall ~ u~
on the ~tfix in Table 2.4.
Collier Co~ 2.134 October 30, 1~1
~ D~lopmen~ C~e
Alternative A- T~n (10) foot wide landscape buffer, with tr~es ~ced no mote than lhlrty (30)
feet on e~n~r.
Altero~tive Bo Fifteen (15) foot wide, eighty, percent ($0%)opaque within one (!) yesr
landscape buffer six (6) fee~ in height, which rr~y include a wall, fence, hedge,
berm or combination thereof, includin~ trees ~aced no more Ihan twenty-five
(25) feet on tearer.
Alternative C- Twenty (20) foot wide, opaque within one (1) year, landscape buffer with a six
(6) foot w~il, fence, hedge, or berm, or combination thereof ~ad two (2)
staggered rows of trees spaced no more than thirty (30) feet on center.
Alternative D- A landscape buffer shall be required adjacent to any road fight-of-way,., external
to the development project. The minimum width of the perimeter landscape
buffer shall vary according to the ultimate width of the abutting rlght~f-way.
Where the ultimate width of the fight-of-way is zero to ninety-nine (0-99) feet
thc corresponding landscape buffer shall tues.,rare at lea~t ten (10) feet i~ width.
Where the ultimate width of the right-of-way is one-hundred or more (I00+) ...
feet, the corresponding landscape buffet shall met~ure at least fifteen.(15) feet.
in width. Dcvelopmenu of fifteen (15) acres or more and dcvelopmen~ts within
an Activity Center shall provide a perimeter landscape buffer of at least twenty
(20) feet in width regardless of the width of the fight.of-way.' Activity'.Center
fight-of-way buffer requirements shall not be applicable to roadways internal to
the development.
Trees shall be spaced no more than thirty (30) feet on center in the landscape
buffer abutting a fight-of-way.
A hedge of at least twenty-four (24) inches in height at the time of planting shall
be required in the lan&r, ape buffer where vehicular areas are adjacent to the
road right-of-way, pursuant to Sec. 2.4.4.3.
The remaining area of the landscape buffer shall consist of existing native
vegetation, gr~ss, ground cover, or other landscape treatment.. Landscaping
within a right-of-way shall not be applied to. meet the provisions of this Code.
Every effort should be made to retain and incorporate the existing native
vegetation in these areas.
Collier County 2-155 Ocwber JO, 1991
Land Development Code
TABLE 2.4
TABLE OF BUFFER REOUIREMENT$
BY LAND USE CLASSIFICATIONS
Adiacent Prooerties District
Subject
]~istrict ! 2 ~ 4 5 6' 7 ~ ~ 10 t !
I. Agriculture (A)~ B B B B B A A A A D
2. Residential -
RSF) Single Family A A B B B B B C B * D
3. R~.~idential-(RM F-
6, RMF-12, RMF-16)
Multi-Family A B A B A B B B B * D
4. Residential
Tourist (RT) A B A A B B A B B * D
5. Village Residential
(VR) A A B B ' A B B B B * D
6. Mobile Hom~ (MH) A B B . B B A B B B * D
7. · Commercial (C-I,
C-l/T, C-2, C-3,
C-4, C-5) A B B B B B A A A * D
$. . lndustrisl (I) A C B B B B A2 A A * D
9. Public U~ (P) A B B B B B A A A * D
I0. Plum~l Unit
Development (PUD) * * * * * * * * * *' D
1 I. Vehicul~ Rights
'o f Way D D D D · D D D D D D -
The letter listed under Adjacent Properties District shall be the landscape buffer and screen/nE
alternative required. The 'o' symbol shall repre.~t that no buffer is required. The PUD d/strict
buffer, due to a variety of differing land u~.~, is indicated by the '*' symbol, and shall be based
on the landscape buffer and screening of the district or use with the most similar typ~, densities
· and intensiti~ of uses. Where a conflict exists between the buffering requirements and the yard
requirements of this Code, the yard requirements of the subject zoning district shall spply.
I Buffering in Agriculture (A) districts shall be applicable at the time of Site Development Plan (SDP)
submittal.
2 Industrial (I) zoned property, 20,000 square feet or less in area, shall have a minimum five (5) foot landscape
buffer along the side and rear properly lines. This buffer shall not be used for water management. This reduction
in buffer width' shall not apply to buffers adjacent to right-of-w, ay or non-industrial zoned properly.
Collier County 2-156 October JO. 1991
Land Development Code
DIV 2.5 SIGNS.
SEC. 2.5.1 TtTI.,E AND CITATION. This division shall be. known and may.be citesl' as the 'Collier County
Sign Code'.
SEC. 2.5.2 A,~d).J~:~. This division shall apply to and be enforced in all unincorporated areas of
Collier County, Florida.
SEC. 2.5.3 _GENERAL FINDING. Increased numbers and sizes of signs, as well as certain types~f lighting
distract the attention of motorists and pedestrians, and interfere with traffic safety. The.
indiscriminate erection of signs degrades the aesthetic attractiveness of the natural and manmade
attribute~ of the community and thereby undermines the economic value of tourism, visitation and
permanent economic growth.
SEC. 2.5.4 FURPOSE AND INTENT. It is the intent and purpose of this Sign Code, and it ~hall be
interpreted, to implemeat the goals, policies and objectives of the Growth Management P'lan,'and
to promote the health, safety, convenience, aesthetics, and general welfare of the community by
controlling signs which are intended to communicate to the public, and to authorize the use of
sign~ which are:
2.5.4.1 Compatible with their surroundings;
2.5.4.2 Designed, constructed, installed and maintained in a manner which does not endanger public safety
or unduly distract motorists.
2.5.4.3 Appropriate to the type of activity to Which they pertain.
2.5~4.4 Are large enough to convey sufficient information about the owner or occupants of · particular
property, the products or services available on the property, or the activities conducted on the
property, and small enough to satisfy the needs for regulation.
2~5.4.5 Reflective of the identity and creativity of the individual occupants.
SEC. 2.5.5 SIGNS EXEMPT FROM PERMITTING. The following-signs are exempt from the permit
requirements of tkii Code, and shall be permitted in all districts subject to the limitations set forth
below:
2.5.5.1 Signs required to be maintained, or posted by law or governmental order, role, or regulation..
2.5.5.2 On-premises directional signs, not exceeding four (4) square feet in area, intended to facilitate the
movement of pedestrians and vehicles within the site upon which such signs are posted.
2.5.5.3 One identification sign, professional name plate, or occupational sign for each professional office,
or business establishment not to exceed two (2) square feet in sign area and placed flush against
a building face or mailbox side, and denoting only the name of the occupant and, at the occupant's
election, the occupant's profe.~ional or specialty and/or the street addres.~ of the premise.
Collier County 2-157 October .tO. 1991
Land Development Code
2.5.5.4 Memorial plaques, cornerstones, historical tablets, and similar types of commemorative signs
when cut into any ~ surface or when constructed of bronze or other noncombustible
· materials.
2.5.5.5 'No Tm-spassing[" 'No Dumping,' or other prohibitory or safety type: signs, provided each sign
d°es not exceed two (2) ~uare feet in size.-
. 2.5.5.6 Real Estate Signs. Ali supports for such signs shaH be 'secu. rely built, constructed, and erected and
shall be located on the site listed for sale and no~:loser than fifteen (15) feet from any property
line, smd subject to the following:
2.5,5.6.1 One (1) ground~ or wall "For Sale', 'For Rent', or similar sign per street frontage for each
parcel, or lot less than one (1) acre in size:
Non-residential districts: n~ximum of twelve (12) square feet in size.
Residential districts: maximum of four (4) square feet in size.
2.5.5.6.2 One (I) ground or wall 'For Sale", 'For Rent", or similar sign per street frontage for each parcel,
or lot one (I) acre or Itrger in size:
Non-rmidential districts: maximum of thirty-two (32) square feet in size.
Residential districts: maximum of twelve (12) sqmtm feet in size.
2.5.5.6.3 One (i) on-premises sign for model homes, approved in conjunction with a temporary use permit
in any zoning district not to exceed thirty-two (32) square feet. Model home sign copy shall be
limited to the model name, builders name, nam~ and address, phone number, price, logo, and
model home designation.
2.5.5.6.4 One (1) on-premises open house sign not to exceed four (4) square feet in size. Such sign shall
not be located within fifteen (15) feet of thy property line, right-of-way or access easement.
2.5.5.6.5 Real estate signs shall be removed when ownership has changed or the property is no longer for
sale, r~nt or lease. A sign advertising ~hat a property has been sold, or leased shall not be
displayed for more than thirty (30) days after it is erected.
2.5.5.7 Bulletin boards and identification signs for public, charitable, educational or religious i~titut~ons
located on the premises of said institutions and not exceeding twelve .(12) square feet in size.
2.5.5,8 Traffic control and safety sign or other municipal, County, State or Federal signs, legal notices,
railroad crossing signs, danger signs and such temporary emergency signs when erected by an '
appropriate authority.
2.5.5.9 Holiday, t~sonal, or commemorative decorations provided that such signs display no commercial
advertising and provided that such signs are not displayed for a period of more than sixty (riO)
days. '
Co. er County 2-1J8 October JO, 1991
1.and De~etopmtnt Codt
2.$.5.10 Window merchandise displays which are changed on a regular basis, meaning no less frequently
than ~ery thirty (30) days.
2.5.5.11 Signs located at the entrance drive of residencea located upon two and one.quarter (2.25) acre lots
or greater, displaying the name and address of the resider, and not exceeding four (4) square feet
2.5.5.12 Flags or insignias of goveramental, religious, charitable, fraternal or other nonprofit ~rganizations.
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 buildir~g they are
attached to, are allowable if the number of flags displayed does not exceed those described in Sec. -
6.01A.(7) and the flag poles do not require certified designing and seal by a Florida registered
engineer as described in section 6.01A(7).
2.5.5.13 Advertising and identifying signs located on taxicabs, buses, trailers, trucks, or vehicle bu~pers,
provided such sign does not violate See. 2.;5.6.16 of this Code.
2.5.5.14 Religious displays that do not constitute advertising.
2.5.5.15 Painting, repeinting or cle. aning of an advertising structure, or changes which are deter~nined to
be lees than a substantial improvement.
2.5.5.16 Copy changes for shopping center, theaters, billboards or marquees that have routine changes of
copy, or are specifically designed for changes of copy.
· 2.5.5.17 Construction Signs. All supports for such signs shall be securely built, cbnstructed, and erected
and shall be located on the site under construction and no closer than fifteen (15) feet from any
property line, sad subject to the following:
· 2.5.5.17.1 One (I) ground, or wall sign may be used as a construction sign by the general contractor of the
development, within each front yard for each parcel less than one (1)acre in size:
Non-residential districts: maximum of twelve (12) square feet in size within each front yard or a
maximum of twelve (12) square feet of the permit board.
Residential district~: maximum of four (4) square feet in size within each front yard or a
n'utximum of four (4) square feet of the permit board.
2.5.5.17.2 One (1) ground or wall sign may be used as a construction sign by the general contractor of the
development, within each front yard for each parcel one (1) acre or larger in size:
Non-residential districts: maximum of thirty-two (32) square feet in size within each front yard.
Residential districts: Maximum of twelve (12) square feet in size within each front yard or a
maximum of twelve (12) square feet of the permit board.
Collier County 2-159 October JO, 1991
Land Development Code
2.5.5.17.3 One (l) ground or wall sign may be used zs a construction sign hy each contractor, lending
institution, or other similar company involved with the development, regardless of parcel size:
all zoning districts: maximum of four (4) square feet within each front yard or a maximum of four
(4) square feet of the pen'nit board.
2.$.5.17.4 All construction signa must be removed prior to the is~nce of certificate of occupancy, or when
seventy percent (70%) of a residential development is constructed.
2.5.5.18 Signs in c~njunction with an approved Temporary Use permit.
SEC. 2.5.6 PROIIIBITED SIGNS. It shall be unlawful to erect, cause to be erected, maintained or cause to
be maintained, any' sign not expre~ly authorized by, or exempted from this Code. The following
signs are expressly prohibited:
2.5.6,1 Signs which are in violation of the building code or electrical code adopted by Collier County.
2.5.6.2 Abandoned sig~s.
2.5.6.3 Animated or activated signs, except time and temperature signs.
2.5.6.4 Fl~dxing Signs Electronic reader boards that do not flash on and off are not flashing signs.
2.5.6.5 Rotating signs.
.2.5.6.6 Illuminated signs in any residentially zoned or used district, exCePt residential identification signs,
residential name plates, and street signs that are illuminated by soft or muted light. Nonresidential
uses within residentially used or zoned district by provisional use, P.U.D. Ordinance, or as
otherwise provided for within the Zoning Ordinance, shall be allowed the use of illuminated signs,
subject to the approval of the Community. Services Administrator, or his designee.
·. 2.5.6.7 Signs located upon, within, or otherwise encroaching upon County or public fights-of-way, except
u may be permitted under the provisions of Ordinance 82-41, as amended, and those erected'by
a governmental agency or required to be erected by a governmental agency.
2.5.6.8 Billboards.
2.5.6.9 .Strip lighted signs.
2.5.6.10 Neon type signs except within all.commercial and industrial districts.
2.5.6.11 Roof signs.
2.5.6.12 Portable Signs.
2.5.6.13 Signs which resemble any official sign or marker erected by any governmental agency, or which
by reason of position, shape or color, would conflict-with the proper function of any traffic sign
Collier Courtly . 2-140 October $0,
Land Developm~r. Code
or signal, or bo of a size, location, movengtnt, content, color, or illumination which may bo
rcssonably confused with or construed as, or conceal, a traffic control device.
2.5.6.14 Signs, commonly referred to ts snipe signs, made of any material whatsoever and attached in any
way to a utility pole; tree, fence post, stake, stick'or any other obj~t located or slmated on public
or private property, except .as otherwise expressly allo,,ved by, or exempted from this Code.
2.5.6.15 Wind signs.
2.5.6.16 Signs on vehicles or boats, either attached to or painted on the vehicles or boats of any type,
which are conspicuously i:mrked in close proximity to the right-of-way and are obviously parked
in such a way to advertise any business to the pa~ing motorist or pedestrian.
2.5.6.17 Any description or representation, in whatever form, of nudity, sexual conduct, or. sexual
excitement, when it:
2.5.6.1'/.1 is patently offensive to contemporary standards in the ~dult community ss st whole with 'respect
to what is 'suitable sexual material for minors, and
2.5.6.17.2 taken u a whole, lacks ~eriou~ literary, artistic, political, or scientific value. [~ "
2.5.6.18 Any sign which:
2.5.6.18.1 Emits audible sound, vapor, smoke, or ga~ous matter.
2.5.6.18.2 Obstructs, conce~s, hides, or otheru,4se obscure~ from view any official traffic or government
iii, n, signal, or device.
2.5.6.18.3 Employs motion, have visible moving parts, or gives the illusion of motion (excluding time and
temperature signs).
2.5.6.18.4 Is erected or maintained so as to obstruct any fire fighting equipment; window, doer, or opening
uses u a means of '.mgreas.or egrexs for fire escape purposes including any opening required for
proper light and ventilation.
2.5.6.18.5 Constitute~ a traffic hazard, or det/iment to traffic safet:~ by rea.son of its size, location,
movement, content, coloring, or method of illumination, or by obstructing or distracting the vision
of drivers or pedestrians.
2.5.6.18.6 Uses flashing or revolving lights, or contains the words "Stop', "Look', "Danger', or any other
words, phrase, symbol, or character in such a nmmer as to interfere with,mislead, or confu~
vehicular traffic.
2.5.6.18.7' Any sign wMch advertises or publicizes an activity not conducted on the premises upon which the '
sign is maintained, except as otherwise provided for within this Code.'
Collier Coumy 2-141 October JO, l Pg l
Land Development Code
2.5.6.19 No-sign shall be placed or perml}.ted ss a principal use on any property, in any zoning district
except ss follows: U-Pie Signs, political signs, or signs approved by temporary permit pursuant
to the time limitations set forth herein.
2.5.6.110 Tethered inflatable signs.
SEC. 2.5.7 TERMINATIOI~ OF PROHIBITED SIGNS. Within six months of the date of enactment of this
Code, or ss otherwise 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 ($100.00)
dollars or more, and have been legally permitted, shall be treated as nonconforming signs a~i
removed pursuant to Se~. 2.5.9.3.
SEC. 2.5.8 PERMITTED SIGN~. The following signs are permitted, upon issuance of a building permit and
subject to the restrictions below:.
2.5.8.1 ~=l~lllilg~li. On-premises pole sigus, ground signs, projecting signs, wall signs, and
ma.astral signs shall be allowed in all nonresidentially zoned districts subject to the restrictio~
below:
2.5.8.1.1 Pole or Ground Si~m..Single occupancy parcels, shopping centers, office complexes, or
industrial parks having frontage 6lone hundred fifty feet (150') or more on a publi~ street, shall
be permitt~! one (I) pole, or two (2) ground signs. In addition, multiple occupancy parcels such
as shopping centers, office complexes, or industrial parks containing twenty five thousand (25,000)
square feet or more of gross leasable floor ar~i will be permitted one (1) directory sign with a
maximum size of two hundred fifty (250) square feet for a single entrance on each public street.
1. Maximum allowable sign ~ - one hundred (100) square feet for each pole or grotmd
signs, or a m~ximum combined area of one hundred twenty (120) square feet for two (2)
ground signs, except for approved directory signs.
2. Se. tbacLs - fifteen feet (15) from any property line, public or private fight of way, or
easement, with the exception of directory signs which may be located within the media~s
of private streets or easements, provided their location presents no visual obstructions,
or traffic hazards to motofists of pedestrians.
3. Maximum allowable height - twenty five feet (25). Height shall be measured from-the
lowest center line grade of the nearest public or private right of way or easement to
the uppermost portion of the sign structure.
4.- The maximum size limitation shall apply to each sign structure. Pole or ground signs may .
be pl_-c_-d_ back to back, side by side, or in V-type construction with not more than one
(1) display on each facing, and such sign structure shall be considered as one (1) sign.
5. Spot or floodlights shall 'be permitted only where such spot or floodlight is nonrevolving
and said light shines only on the owner's premises or signs and away from any fight of
Collier ~ 2-142 October $0, 1991
Land Development Code
2.5.8.1.2 Pole or Ground Sitns Within Renional Shonuin~ Centers. One (I) pole or ground sign is
permitted for each regional shopping center having a frontage of one hundred fifty feet (150) or
more on a public street. Additional pole or ground sign~ may be permitted provided that there is
a minimum of a one thousand foot (I000') separation between such signs, and all setback
requiremc'nts are met. In no c.a.~ shall the number of pole or ground signs exceed two (2) per
street frontage. Additionally, one (i) directory sign with s maximum size of two hundred fifty
(250) square feet will be permitted for a single entrance on each public street.
1. Maximum allowable sign area - one hundred (I00) square feet, except, for approved
directory signs:
2. Setbacks - fifteen feet (15) from any property line, public or private right if way, or
e..Mement, with the exception of directory signs which may be located within the medians'
of private streets et etsements, provided their location presents no visual obstructions,
or traffic hazards to motorists et pedestrians.
3. Muimum allowable height - twenty five feet (25) in height. Height shall be measured
from the lowest center llne grade of the nearest public or private right of.way or
easement to the uppermost portion of the sign structure.
4. The maximum size limitation shall apply to each structure. Pole or ground sigr~s may b~
placed back to back, side by side, or in V-type construction with not more than one (i)
display on each facing, and such sign structure shall be considered as one (I) si~gn.
5. Spot or floodlights shall be permitted only where such spot or floocllight is nom'evoiving
and said .light shines only on the owner's premises or signs and away from any right of
way.
2.5.8.1.3 Wall or Mansard Sin~. One (I) wall or ma~ard sign shall be permitted for each single
occupancy puc. el, or for each establishment in a multiple occupancy parcel. Comer 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.
1. The n~xim~m ali~wable display area for signs shall not be more than 20 percent (20%)
of the total square footage of the visual facade of the building to which the sign will be
attached and shall not in any case exceed two hundr&l fifty (250) square feet in area for
any sign.
2.5.8.1.4 ~I~L~,_,~a. Projecting signs may be substituted for wall or mansard signs provided that the
display area of the projecting sign shall not exceed sixty (60) square feet of display area.
1. Projecting signs shall not project more than four feet (4') from the building wall to which
it is attached.
2. Projecting signs shall not extend above the roof line of th~ building to which it is
Collier County 2-143 October $0. 1991
[.o.nd Dev~lot~ncnt Code
3. Projecting signs shall not project into the public right of way.
4. Projecting signs which project ov~r any pedestrian way shall be elevated of eight feet (8')
above such pedestrian way.
2.5.8.1.5 Marouee. Cnnoov or Awnln~ Sitns. In addition to any other sign which is allowed by this
Ordinance, one (1) marquee, canopy, or awning sign shall be allowed for each single occupancy
parcel, or for each establishment in a multiple occupancy'parcel.
1. Signs located on a rnarquee, canopy, or awning shall be affixed fiat to the surface, shall
contain letters not greater than six inches (6'0) in height, shall not exceed twenty feet
(20') in length, and shall not rise in vertical dimension above the marquee, canopy, or
awning.
2. In addition to any other sign allowed by this Code one (1) under canopy sign shall be
allowed for each single occupancy parcel, or for each establishment in a multiple
occupancy parcel. The sign shall not exe_--~-__ six (6) square feet in area and shall be a
minimum of eight (8') feet above fimsh grade.
2.5.8.1.6 Sinns Within Planned Unit I)ev$1o_oments. Sign classes and sizes for Planned Unit Developments
shall be the same standards found within this Code for the zoning district the development most
closely resembles, unless such PUD's have sign. stsndards contained in the PUD document, and
are approved by Board of County Commissioners.
2.5.8.1.7 ~az~. Residential Properties that have been issued a Certificate of Occupancy may display up to
three (3) city, county, state or country flags. ~ (3) city. county, state or country flags may
be displayed at the entrance of a commercial, office, industrial or residential development, Where
these developments have multiple emrsnces any entrance may have up to three (3) flags each,
provided: the development is at least ten (10) acres in size, any entrance with flags is providing
ingrc~/egress only off a roadway that is designated a collector or arterial in the Traffic Element
of the Growth Management Plan, and all entrances with flags are at least three hundred (300) feet
apart. Four (4) additional flags may be displayed within a development provided the flags are not
visible to motorists along any frontage roadways. The four (4) internally displayed flags may be
.. increased by up to eight (8) additional flags for maximum total of twelve (12) flags with thc
amount of the proposed increase to be determined by the Community Development Services
Administrator, provided: all proposed flags would not be visible to motorists along any frontage
roadways and the Community Development Services Administrator determines that the display of
the extra flags is e.~entlal to the theme and design of thc development.
All flag poles with a height in excess of fifteen (15) feet above finish grade or that extend more
than ten (10) feet from any building that ,cy are attached to shall be subject to the permit process.
As a condition of permitting, the flag pole foundation or attachment shall be designed by a Florida
registered engineer on a signed and sealed drawing showing construction details and maximum flag
area that is supportable. Certified designing and sealing shall not be required where flag poles are
located at a distance exceeding their height plus five (5) feet from all structures (except those
designed solely for storage), property boundaries, utility lines and poles, and pedestrian/vehicular
~ays and roadways open to the general public or the residents of that community.
Collier County 2-144 . October JO, 1991
Land Development Code
On single-family or duplex lots flag poles shall not exceed twenty (20) feet in height above finish
grade or exceed thirty (30) feet in height above finish grade when located in the Estates or
Agricultural Districts. For all other lots, flag poles shall not exceed thirty-five (35) feet in height
from the f'mish grade or extend more than twenty (20) f~t from any building to which they are
attached.
2.5.8.2 ~L.~t~F.-~i~. The erection of any tempom, y sign shall require permitting as established
within Sec. 2.5.12 of this Code. Applicants for temporary sign permits shall pay the minimum fee
as required for a standard sign within the district. Temporary signs shall be allowed subject to the
restrictions imposed by this Section and other relevant parts of this Code.
2.5.8.2.1 ~. Political campaign signs and posters shall be permitted subject to the following
requirements:
I. Prior to the erection, installing, placing, or displaying of a political sign a bulk temporary
permit shall be obtained. The fez for said bulk permit shall be as adopted by resolution
by the Board of County Commissioners.
2. Political campaign signs or posters within residentially zoned or used prope..rty, shall not
exceed four (4) square feet in size, and shall not be located closer than five (5) feet to
any property line. Political signs placed within residential districts shall require written
permission from the property owner.
3. Political campaign signs or posters will be permitted in ali other zoning districts within
a m~ximum copy area of forty (40) square feet per sign, ~nd shall be located no closer
than fifteen (15) feet to any property line.
4. All supports shall be securely built, constructed and erected to conform with the
requirements of this Code.
5. The maximum height of any political campaign sign o.r poster, except those that may be
affixed to a wall, shall be limited to eight (8) feet.
6. Political signs shall be erected not more than sixty (60) calendar days prior to an election
" or political event, and shall be removed within seven (7) calendar days after the election,
event, or after the campaign issue has been decided.
2.5.8.2.2 ~Td~. 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
issued for the building or structure, or when seventy percent (70%) of a residential development
is constructed and shall not exceed the following siz$ restrictionsi
I. . Residential, industrial, commercial and institutional developments within all zoning
districts:
Collier County 2.145 October JO. 1991
Lan~ Development
,wet 10 ~res in size: A tcmporm'y sign flo~ m excecd sixty (60) sq,,-re fen~ ~tt e~ch s~rc~
frontage.
2. Temporary construction signs shall bo located not closer than thirty feet (30') to any
property line.
2.5.$.2.3 ~rand ODenln~ $1tms. An'occupant may display an o~-sit~ grand opening sign not exceeding
thirty-two (32) square feet on a side, and not exc_-~d__ing sixty-four (64) square feet total. The
b~nner sign shall bo anchored and may bo displayed on-site for a p~riod not exceeding fourteen
(14) days within tl~ first three (3) months that the occupant is open for business.
2.5,8.2.4 $_oeclal Events Sinm. A special ovents sign not exceeding thirty-two (32) square, feet in sizo may '
be displayed to announce or advertise such t~mporary uses as fairs, carnivals, circuses, revivals,
sporting events, or any public, charitable, educational fifteen (15) feet to any property line. Such
signs shall require a building permit.
2.5.8.2.5 Farm ~. (On-Site) Oho (1) temporary polo or ground sign identifying tho farm: farm
organization, entrance, or gate not ~x¢_,~d__ing forty (40) square fe~ in area. This sign shall bo used
to ide~ti fy tempo~ry agricultural oflrgm m *a to ~xpadite tbo s~por~icm of crops m v~ ~
2.$.8.2.6 ~ll_~. Orm (I) temporary on-site ground or wall 'For Sale', 'For Rent, or:similar
sign within each front Ytrd for each parcel or lot in excess of ten (I0) acres in sizo, may be
erected subject to the following:
1. Residential, industrial, commercial and institutional developments within all zoning
districts.
2. A maximum of sixty (60) squa~ feet in siz~ within each front yard.
3. Real estate signs shall nog bo located closer than thirty (30') feet from any property line.
4. Real estate signs up to sixty (60) square feet are allowed for model homes subject to the
other requirements of this subsection.
5. Real estat~'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 bo displayed for more than
thirty (30) days after it is erected.
2.5.8.3 $oecial Pu _rpose Sit, ns. (On-Site) Due to the unique and varied nature of the following uses,
additional signs may be recluired to provido tho desired level of service to the public. Special
purpose signs shall be allowed subject to tho following requirements:
Collltr County 2-146 October $0, 1991
~ Development Code
2.5.8.3.1 ~]I~II.~C.,S~. (On. site) In addition to the signs otherwise permitted by this Code, a theater shall
be pernutted a changeable message sign, the surf~.e of which shall not exceed one hundred (100)
square feet in area. Such sign shall require a building permit.
2.5.8.3.2 Automobile Service StatJQ~. In addition to the signs otherwise permitted by this Code,
automobile service stations shall be permitted one (I) changeable message sign not to exc_,~ed__ ten
(10) SClU~re feet in area for the purpose of displaying gasoline prices only. Such sign shall be
affixed to the structure of a pole on the property. Such sign shall require a building permit.
2.5.8.3.3 Time and Temoeratur~ Sirra. One (1) time and temperature sign having a surface area not
exceeding eighteen (18) squs~ feet shall be permitted at each industrial, commercial or other
non-residentially zoned property. Such signs may be affixed to the structure of a pole or ground
sign. Such sign shall require a building permit.
2.5.8.3.4 Residential Directional or Identification SiRra. Directional or idcnti fication signs no greater than
(4) square feet in size, and located internal to the subdivision or developments may be allowed
subject to the approval of the Community Development Administrator, or his designee. Such signs
shall only be used to identify the location, or direction of approved uses such as models or model
centers, sales (6') feet in height, and twenty four (24) square feet in area. Such signs' shall require
a building permit.
2.5.8.3.5 Commercial and Industrial Directional or Identification Siam. Directional or identification
signs no greater than six (6) square feet in size, and located internal to the subdivision or
development, 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 ~tpproved uses such as sales centers, information centers, or the individual components of'the
development. Directional or identification signs maintaining a conunon architectural theme may
be combined into a single sign not to exceed six (6') in height, and sixty (60) square feet in area.
Such signs shall require a building permit.
2.5.8.4 On-Premises Siens Within Residential Diztrict,~ Two (2) g~ound or wall residential entrance
or gate signs may be located at each entrance to a multi-family, single family, mobile home or
recrr~tional v~icle park subject to the following requirements:
2.5.8.4.1 Such sign~ shall contain ordy the name of the subdivision, the insignia or motto of the development
and shall not contain promotional or sales material.
2.5.8.4.2 The ground or wall signs shall not exceed a combined area of sixty (60) square feet, and shall not
exceed thc height or length of the wall or gate upon which it is locate.
2.5.8.S On-Premises Signs Within A~ricultural. Distrjct,~ On-premises signs shall be permitted within
agriculturally zoned or used prol~rty, for agri-commercial uses defined within the Collier County
Zoning Ordinance only, and subject to the following restrictions:
2.5.8.5.1 One (I)-pole or ground sign identifying the farm organization, located at the entrance or gate of
each street frontage, and only for permitted agricultural uses.
Collier County 2-147 Ocwber JO, 1991
1. The maximum allowable sign area for each pole or ground sign shall not exceed one
htmdred (100) square feet, and shall be located a minimum of fifteen feet (15') from any
property lines, public or private right of way or easement.
2.5.$.S.2 One (!) U-Pic sign located ~t the entrance or gate of each street frontage.
1. The maximum allowable sign area for each U-Pic sign shall not exceed thirty-two (32)
square feet, tod shall be located a minimum of fifteen feet (15') from any property line,
public or private right of way or easement.
2.5.8.6 Wail or Mansard Sitns Within Atrtcultural Districts. Wall or rnan~rd signs shall be permitted
within agriculturally zoned or used property, for agri-commercial uses defined within the Collier
County Zx,ning Ordinance only, and subject to the following restrictions:
2.5.8.6.1 One wall or mansard sign shall be permitted for each principal u.~e structure on the parcel.-Comer
parcels or double frontage parcels shall be allowed one (1) sign per street frontage, but such sign~
d~all not be combined for the purlx~e of placing the combined area on one wail.
I. The maximum allowable display area for any sign shall not be more than 20 percent
(20%) of the total square footage of the wall to which it is affixed, and shall not in any
case exc_-~__ two hundred fifty (250) square feet in area per sign.
2.5.8.7 Off-Premises Directional Slims. Off-premises directiomti signs are permitted subject to review
and approval of the design and location of such signs by the Community Development Services
Administrator, or his designee, if the following requirements are met:
2.5.8.7.1 Off-pretnises directional signs shall only be permitted in nonresidentially zoned, or agricultural
districts.
2.5.8.7.2 No more than two (2) off-premise directional signs shall be permitted, identil=ying the location and
nature of a building, structure, or use which is not visible from the street serving such building,
structure, or us~, provided that escb such sign is not more than four (4) square feet in area, and
eight feet (8') in height.
2.5.8.7.3 Off-premises directional signs shall not be located closer than fifty feet (50') from a residentially
zoned district.
2.5.8.7.4 Oft' premises directional signs shall not be located closer than one hundred feet (I00') from
another off premises directional sign.
2.5.8.8 ]ll~. All illuminated signs shall have electrical components, connections, and
installations that conform to the National Electric Code, and all other applicable Federal, State,
and local codes and regulations. Further, lighted signs shall: be shielded in such a wanner az to
produce no glare, hazard or nuisance to motorists or occupants of adjacent properties; not be
reflective or phosphorescent; have a steady nonfluctuating or nonundulating light source.
Collier Coemy 2-14~ Ocu~ber JO, ! 991
Land Development Code
SEC. 2.5.9 NONCONFORMING SIGNS. Existing signs not expressly prohibited by this Code and not
conforming to its provisions shall be regarded u nonconforming signs.
2.5.9.1 The following signs, and sign structures shall be removed or made to conform to this Code within
ninety (90) days from the effective date thereof:
2.5.9.1.1 Signs made of paper, cloth, or other nondurable materials.
2.5.9.1.2 All ternpo~ry signs.
2.5.9.1.3 Those signs described in Seca. 2.5.6.7, 2.5.6.13, 2.5.6.14, 2.5.6.17, and 2.5.6.18.
2.5~9.2 Nonconf0rmin~' On-Premises Permanent Sin's. All permanent nonconforming on-premises
signs, and sign structure~ shall be r~moved, or made to comply with the requirements of this
Ordinance within three (3) years from the date upon which the sign became nonconforming under
Ordinance No. 90-I 14 (December 27, 1990).
2.5.'9..3 Nonconformlnn Off-Premises sirra. All nonconforming off-premises signs, and sign structures
having an original cost or valun ofon~ hundred ($100.00) dollars or more may be maintained for
the longer of the following periods:
2.5.9.3.1 Two (2) years from the dam upon which the sign became nonconforming under Ordinance No.
90-114 03ecember 27, 1990); or
2.5.9.3.2 A period of three (3) to seven (7) years from tho effective date of Ordinance No. 90-114
(December 27, 1990) according to the amortization table below.
~ Permitted Years From Effective
. Date of
$100 to $ !,000 3 years
$1,001 to $ 3,000 4 years
$3,001 to $10,000 5 years
More than $10,000 7 years
.. 2.5.9.3.3 Any owner of an off-premises sign who requests an amortization period longer than two (2) years
shall, within one (I) year from tho date of enactment of these regulations, register tho sign with
the Community Development Servlcea ^dministrstor, or his designee. The following information
shall be provided at the time of registration: the cost or value, whiche~'er is greater, of the sign;
the date of erection; or the cost or value and date of the most recent renovation; a photograph of
the sign or signs and their supporting structure, not less than 5" x 7" in size; and a written
agreement to remove the sign at or before tho expiration of the amortization period applicable to
the sign. The off-premise sign owner'l s. ignature shall be witnessed before a notary public on all
requests for extended amortizations. A registration fee of fifty dollars ($50.00) shall be paid at the
time of registration.
Collier County 2-149
Land Development Code October JO, 1991
SEC. 2.5.10 CONTXNUATION OF NONCONFORMING SIGNS:Subject to the limitations imposed by Sec.
2.5.9 of this Code, a nonconforming sign may be continued and ~hall be maintained in good
condition as required by this Code, but shall not be:
2.5.10.1 Structurally or mechanically extended or altered to further the nonconformity, except in cases
where it has been determined that there exists imminent clanger to the public sa£et~..
2.5.10.2 Repaired or rebuilt whe~n destroyed or damaged to the extent of fifty percent (50~) or more of
its replacement value, except in conformity with this Code.
2.5.10,3 A nonconforming permanent on-premises or off-premises sign shall not be replaced by another
nonconforming sign except that substitution or interchange of letters, poster panels, and painted
boards, or dismountable materials on nonconforming signs shall be permitted through the period
of nonconformity established by this Code.
2.5.10.4 Continued in use when any land use to which the sign pertains has cca.,.ed for a period of thirty
(30) consecutive days, or has otherwise changed.
2.5.10.5 Nonconforming status shall not be afforded to any sign erected without the required pern~it issued
by the County, State, or any Fedex'al agency either before or after the enactment of this Code, or
to any pre-existing signs which have been illegally installed, constructed, placed or main~.a, ined.
SEC. 2.5.11' ~. The Board of Zoning Appeals may grant a variance from the terms of this Code
as will not be contrary to the public interest when owing to spec/al conditions a literal enforcement
of the previsions of this Code would result in urmecessary and undue hardship. In order to grant
any variance from the terms of this Code the Board must find:
2.5.11.1 Tl~t special conditions and circumstances exist which are peculiar to the land, structure or
building involved and which are not applicable to other lands, structures or buildings similarly
situated;
2.5.11.2 That the special conditions and circumstances do not result from the actions of the applicant;
'2.5.11,3 That granting the variance rcque~a, ed will not confer on the applicant any special p~ivilege that is
denied by this Code.to other lands, buildings or structures similarly situated;
2.5.11.4 That a literal interpretation of the provisions of the Code would deprive the applicant of rights
commonly enjoyed by other properties similarly situated under the tcrnm of the Code and would
work unnecessary and undue hat, hip on the applicant;
2.5.11.5 That the variance granted is the minimum variance that will make possible the reasonable use of
the land, building or structure;
2.5.11.6 That the granting of the variance will be in harmony with the general intent and purpose of this
Code and that such variance will not be injurious to the area involved or otherwise detrimental to
the public welfare;
Collier C.~nty 2-150 October JO. 1991
I. and Devetot, mem Code
2.S.11.7 In grznting say varimce, the Botrd of Zorfing Appeals may prescribe tho following:
2.5.11.7.1 Ai~Proprixte conditio~u md s~fegtmrd~ in conformity with this Code or other applic.~ble County
Ordinm.~e~. Violation of ~uch condition~ md ,mfegtmrd~, when m~de a part of the terms under
whi~:h the varimce is gnmted, sh~ll be deemed · violation of this Code.
2.5.11.7.2 A rc~son-ble time limit within which the ~ction for Which the vari~mce required shall be begun
et comple~d or both.
S'~C. 2.5.12 i~RI~"T APPLICATIONS.
2.5.12.1 C_rt,~. Any pm~on wishing to er~, phK~, rebuild, r~m.~'~t, r~loe~te, ·Iter, or ch~go tho
,igu copy (~oo Se~. 4.00 for exe. eption~) of my ~ign ~h~ll ·pply for md r~ceivo · buildin~ l~'mit
in ~.cordmeo with R~olution 88-241 prior to tho comm~cem~ml of any wo~. A building permit
will be i~l by tho Commtmily D~elopm~t Servie~ Administrator, or hi~ d~iguee, provided
that all I~'~nil r~luir~ments of' the C. ode ~md ~11 other ~pplicable provi~ion~ of Collier County'~
ordin~ne.~ md r~gnlatio~ h~ve
1.5.12.1 ~erm|l F'~. A building permit fce d~ll be collected pumumt to th~ t'~ ~cbedulo ~ forth by
rmlution.
2.5,12.~ Form. Ever~ ~li~tion for. buildin~ permit d~tll be i,~ wr]ti-g upon [orms to be furnished by
the Community Development Service~ Administnttor, or his dc~igu~e.
2.5.12.4 ,~oolicztion Contents. la order to obtain · permit to erect I~ce, rebuild, reconstruct, relocate,
citer or cktnge the sign copy of my sign under tho provision of this Code, m epplic~nt s/~ll
submit to th~ building offici*1 · building permit application which sh~ll set forth in writing a
complete deecripfion of the proposed sign including:
2.5.12.4.1 The n~m~, sddress end telephor~ number of the: a) owner end levee of the sign md b) sign
contractor or erector of the sign.
2.5.12.4.2 The legal dacription 'md th~ m~ct ~ldr~ of the prolcm'ty upon which the sign is to be erected.
2.5.12.4.3 The dimensions of the sign including hcight;
2.5.12.4.4 The copy to be pl~xl on tho face 'of the sign.
2.5.12.4.5 Other inforn~tion required in tho permit applic, ztion forms provided by the Community
Development Service~ Administrator, or his designee; including two (2) copies of the site
elevation drawings of the proposal sign md identil'ic~tion of the type, height, area end loc~tion
of all existing polo sign~, ground signs end directory signs on the subject parcel.
· 2.5.12.4.6 Two (2) blueprints or ink dr·wings, certified by · Florid~ Registered Engineer, of the plms ~md
specifications end method of construction md attachment to the building or the ground for ali pole
signs end ·11 projecting signs; end eny ground sign over thirty-two (32) ~qtmre feet.
Collier County 2.131 October 30. 1991
Lamt Development Code
2.5.12.4.7 Wall signs, or any s~ntrate part thereof, which is to be affixed to a wall shall I~ fastened flush
with the surface with fasteners which shall have the capacity to carry the full load of the sign or
separate part thereof under wind load conditi°ns of the approved Collier County Building Code
Ordinance, Flood Ordinance, and the Coastal Building Zone Ordinance. Any such sign or separat~
part thereof which is not mountaxl flush with the surface and which weighs more than twenty (20)
pounds shall have a Florida registered engineer design the mounting or fastening ay:item and depict
the system on signed and sealed drawings which shall accompany the permit application.
2.5.12.4.8 If the sign or sign copy is to be illuminated or electronically operated, the technicai means by
which this ia to be accomplished.
2.5.12.4.9 The permit number shall be displayed or affixed at the bottom of the sign face and shall have the
same life expectancy as the sign. Such permit number shall be clearly legible to a person standing
five (5) feet in front of the base of the sign and in on case shall the permit number be less than
one-half (I/2) inch in size.
2.5.12.5 Exvlration of Permit. Building permits shall expire and become null and void if the work "--
authorized by such permit is not commenced and inspected within six (6) months fro~ the da~
of issuance of the permit.
SEC. 2.5.13 ~. ~
2.5.13.1 General. No sign shall hereafter b~ erected, placed, alter~ or moved unless in conformity with
tiffs Code. All signs located within Collier County shall comply with the.following r~quirements:
2.5.13.1.1 The issuance=of a sign permit pursuant to the requirements of tiffs Code shall not permit the
construction or maintenance of a sign, or structure in violation of any existing County, State or
Federal law or regulation.
2.5.13.1.2 All signs for which a permit is required shall be subject to i~tion$ by the County Manager,
or his designee. The County Manager, or his designee, is hereby authorized to enter upon any
property or premises to aW..emin whether the provisions of this Code are being adhered to. Such
entrance shall be made during business hours, unless an emergency exists. The County Manager,
or his designee, m~.y order the removal of any sign that is nbt in compliance with the provisions
of this Code, is improperly maintained, or which would constitute a hazard to the public health,.
safety, and welfare.
2.5.13.1.3 The Community Development ,%rvice. s Administrator, or his designee, shall b~ charged with
interpretation and enforcement of this Code.
2.5.13.2 Enforcement Procedures. Whenever, by the provisions of this Code, the performance of any act.
is r~luired, or the performance of any act is prohibited, a failure to comply with such provisions
shall constitut~ a violation of this Code.
2.5.13.2.1 The owner, tenant, and/or occupant of any land or structure, or part thereof, and a. ny architect,
builder, contractor, agent, or other person who knowingly participates in, assists, directs, creates,
Collier C~unty 2-1.52 October $0, 1991
/amd Development Code
!
or maintsins any situation that is contrary to the requirements of this Code may be held
re~onsible for tho violation and be subject to tho penalties and remedies provided herein.
2.5.13.2.2 When any sign or part thereof violates this Code, the Community Development Services
Administrator, or his designee, shall give to the owner, agent, lessee or others persons maintaining
the sign, or the owner or lessee of the land upon which the sign is located, written notice by
r~gistered or certified return receipt mail specifying the nstur~ of the violation, ordering the
cessation thereof, and t~uiring either the removal of the sign or the carrying out of remedial
work. Such notice shall be in the following form:
YOU ARE HEREBY NOTIFIED THAT THE FOLLOWING
VIOLATIONS OF THE COLLIER COUNTY SIGN CODE
HAVE BEEN DISCOVERED; YOU HAVE THIRTY (30)
DAYS FROM THE DATE OF THIS NOTICE, TO
CORREC'r ALL ABOVE NOTED VIOLATIONS. ONCE
CORRECFED, YOU SHALL CALL THE COMPLIANCE
SERVICES SECTION AND ARRANGE FOR AN
INSPECTION OF THE PARCEL. IF YOU BELIEVE THAT
AN ERROR HAS BEEN MADE, YOU MAY FILE A
NOTICE OF INTENT TO APPEAL WITH THE
COMMUNITY DEVELOPMENT SERVICES DIVISION,
WITHIN FIFTEEN (15) DAYS OF RECEIPT OF THIS
NOTICE. PLEASE BE ADVISED THAT COLLIER
COUNTY MAY REMOVE THE OFFENDING SIGN AT
THE EXPIRATION OF THE THIRTY (30) DAY PERIOD
IF THE VIOLATIONS HAVE NOT BEEN CORRECTED.
ALL COSTS FOR SUCH REMOVAL, SHALL BE
CHARGED TO THE OWNER, AGENT OR LESSEE OF
THE SIGN OR THE OWNER OF THE PROPERTY. UPON
WHICH THE SIGN IS LOCATED.
2.5.13.2.3 If a sign is in such a condition as to be in danger of falling, or is a menace to the safety of
persons or property, or found to be an immediate and serious danger to the public because of its
unsafe condition, the provisions of section 2301.6 of the Standard Building Code, as adopted by
Collier County shall govern.
2.5.13.2.4 In addition to the penalties and remedies above, the Compliance Services Manager, or his
designee, may institute any appropriate .action or proceedings to prevent, restrain correct, or abate
a violation of this Code, as provided by law, including prosecution before the Collier County Code
Enforcement Board.
2.5.13.2.5 Compliance Services shall immediately remove all violative signs located in or upon public rights
of way er public property.
2.5.13.3 ~NALT[F~. if any person, firm or corporation, whether public or private, or other entity fails
or refuses to obey or comply with or violates any of the provisions of this Code, such person,
Collier C-mtnty · 2-155 October JO. 1991
~ Developmtnt Codt
firm, corporation, or other entity, upon conviction of s~ch offense, shall be guilty of a
misdemeanor and shall be punished by · fine not to exceed Five Hundred Dollars ($500.00) or
by imprisonment not to exceed Sixty (60) days in the County jail, or both, in the discretion of the
Court. Es~:h violation or non-compliance shall be considered a.separate and distinct offense.
Further, each day of continued violation or non-comp!.iance shall be c~nsidered as a separate
offense.
Nothing her~in contained shall prevent or restrict the County from taking such other, lawful action
in ~ny court of competent jurisdiction as is necessary to prevent or remedy any violation or
non-compliance. Such other lawful actions shall include, but shall not be limited to, a~ equitable
action for injunctive relief or an action at law for damages.
Further, hOOting in this Section shall be construed to prohibit the County from pros~..uting any
violation of this Code by metns of a Code Enforcement Board established pursuant to the authority
of Chapter 162, Florida Statutes.
C. MIIer Co~ 2-1J4 October $0. 1991
Land Develol~en~ Code
DIV. 2.6 SUPPLEMENTAL DISTRICT REGULATIONS.
SEC. 2.6.1 _VISIBILITY AT INTERSECTIONS IN ALL ZONING DIgTRI(~Tt'S.
on a comet lot in all zoning districts, no f~nce, Wall, .hedge, planting, or structure shall I~
erected, planted, or allowed ~o grow in such a manner as to obstruct vision between a height of
three feet (3') and eight feet (g') above the centerline grades of the inter~cting streets in the area
bounded by the street lines of such comet lots and a line joining points along said street lines forty
fe~t (40') 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 three foot (3') and eight foot (8')
clearance requirement. Posts for illuminating fixtures, traffic control, fences and street name signs
are permitted, so long aa the nigh or equipment is not within the prescribed clear space and the
fence does not visually impede the clear sight of the inter.-,ection.
SEC. 2.6.2 LOCATION OF ACCESSORY STRUCTURES.
Accessory structures must be constructed simultaneously with or following the construction of the
principal structure and shall conform with the following s~tbacks and building separations:
ACCESSORY STRUCTURES
Non-Waterfront Lots Md ~o~'G, o~f Course lots
STRUCTURE
FRONT REAR SIDE TO STRUCTURE[
([ f detached)
· I. Parking Garage or
Carport - Single Fanfly SPS 10' SPS 10'
2. l-Story Parking
Structures and/or Carports SPS 35' SPS 10'
'. 3. Multi-Story Parking
Structures SPS 35' SPS * I / 1
4. Swimming Pool and/or '
Screen Enclosure
(One and two family) SPS I0' SPS N
$. Swimming Pool
(Multiple family and
Commercial) SPS 20' 15' N
6. Tennis Courts (Private)
(One smd two family) SPS 15' SPS !0'
260
Collter County 2-!.f$ October JO. 1991
Land Dowlopment. Code
Dt~l~ 2.4 Suppl~m~.nt¢( ~)Otrfct Ife,ula#an!
STRUCTURE
FRONT REAR SIDE ~
7. Tennis Coucts (Multiple
family, and Comm~cial) SPS 20' ,15' 20;
8. Utility Buildings SPS I0' SPS 10'
Barbecue Areas SPS 10' SPS I0'
10. Attached Screen Porch SPS i0' SPS N/A
11. Unlisted Acce~ SPS SPS SPS 10'
12. Sateilit~ Dish Antenna NP I$' SPS 10'
N - None SPS - Calculated same as
N/A .- Not Applicable principal structure.
N'P - Struclvr~ allowed in rear of
tntildingonly. 111 -, I foot/foot of accessory height ,, I foot/footofbuiiding
separation
ACCESSORY STRUCI'URES**
On Waterfront Lots and Golf Course Lots
SETBACKS STRUCTURE
FRONT REAR SIDE TO STRUtZY]'UR E
(If detached)
1. Parking Garage or
Carport - Single Fatmly SPS SPS SPS 10'
. 2. l-Story Parking
Structures SPS SPS SPS !0'
3. Multi-Story Parking
· Structures SPa SPS SPS * I I 1
4. Swimming Pool and/or
Scr~a Enclosur~
(Gna and two family) SPS 10' SPS N
Collltr County 2.156 October JO, 1991
SETBACKS STRUCr'I'URE
FRONT REAR SIDE
(If detached)
$. Swimming Pool
.(Multiple f, mily -nd
Commemx:ial) SPS 20' I $'
6. Tmuis Courta
(O,~ and two family) SP$ 15' SPS 10'
7. T~mis Courts (Multiple
family and Commercial) SP$ 35' SPS 20'
8. Bo~t Hou$~ and SPS' N/A 7.5' 10'
Bo~t Sh~iter~ (Private)
9. Utility BuildMg$ $PS SPS SPS 10'
10. ~ck~, ~ ~ SPS 10 SPS N
I 1. Davi~, Hoi~ ~d Li~ NIA N/A 7.5'or 15'
' 12. A~h~ ~ Po<h SPS 10' SPS SPS
13. U~is~ A~ $PS SPS SPS 10'
· 14. ~, ~ ~d M~g PilM~s N/A N/A 7.5'or 15'
N/A
'. (~ S~. ~)
15. ~t Sli~ & ~m~
~fiva~) N/A N/A 7.5' N/A
16. ~lli~ Dish ~ NP 15' SPS I0'
N - Nono SPS - ~l~lat~ ~ ~
N/A - Not Appli~ble principal stature
NP - St~m~ allo~ ~ ~r of
~ildMg ~y. May ~ 1~ !/1 - I/f~t of~c~ height ~
on ~ ~ g~und 'l~el, ~t not I/f~t of building ~antion.
~n~ on ~f
· * In thru ~ where the Co~l Construction ~ntrol Line is involve, the Coastal Construction Control Line
262
~l~er ~ 2-137 ~to~r JO, l~l
SEC. 2.6.3 EXCLUSIONS FROM IIEIGIIT LIMITS.
2.6.3.1 .17zlgll~lL~. The height limitations contained in the Division 2.2 do not apply to spires,
belfries, cupolas, flagpoles, antermas, communications towers, water tanks, fire towers when operated
by a branch of government, ventilators, chimneys, feed storage structur'e.,% silos, windmills, airport
control towers, or other appurtenances usually requir6kl to be placed above the roof level and not
inter, deal for human occupancy; provided, however, the heights of these structure.,t or appurtenances
thereto shall not excee~J any height limitations prescribed by the Federal Aviation Agency or airport
zoning regulations within the flight approach zone of airports. (See Sec. 2.2.23).
2.6.3.2 Exclusions for Off-Street Parkin_~ Within a Prlncloal Structure. in instances where off-street
parking is provided within the principal structure, the Development Services Director may waive the
nu. ximum height requirements to the extent necessary to permit off-street parking within the principal
structure, provided, however, 1) the number of off-street parking spac~ required b~ this Code for
the uae involved may not be reduced; 2) the waiver in height shall not be greater than that necessary
to provide for the off-street parking within the principal structure, with a maximum of twoi(2) parking
levels; 3) the waiver of the maximum height requirements are compatible with the uses' on adjacent
properties; and 4) for each off-street parking space permitted within the principal structure for which
the maximum height waiver is granted, three hundred (300) square feet of additional open space
beyond that which is otherwise required by this Code shall be provided.
SEC. 2.6.4 i~CEPTIONS TO REOUIRED YARDS.
In all zoning districts, yards, u dermed in Div. 6, shall be as established by the Dimensional
Standards for that zoning dislrict (See Div. 2.2) except as follows:
2.6.4.1 yard EneroachmenM. Every part of every required yard shall be open and unobstructed from thirty
inches (30") above the general ground level of the graded lot upward to the sky except as hereinafter
provided or as otherwise permitted in this Code:
2.6.4.1.1 Sills and other architectural and design treatments shall not project over twelve inches (12') into a
required yard.
· 2.6.4.1.2 Movable awnings shall not project over three feet (3') into a required yard, provided that where the
yard is less than five feet (5') in width the projection shall nc~t exceed one-half (i/2) the width of the
yard. '.
2.6.4.1.3 Window or wall mounted air conditioning units, chimneys, fireplaces, bay windows, or pilasters shall
not project over two feet (2') into a required yard.
2.6.4.1.4 Fire escapes, stairways, and balcenies which are unroofed and unenclosed shall not project not over
five feet (5') into a required side or rear yard of a multiple family dwelling, hotel or motel 'and not
over three feet (3') into a required side or rear yard of a single family residential dwelling.
2.6.4.1.5 Hoods, canopies, or roof overhangs, shall not project over three feet (3') into a required yard, but
shall not come closer than one foot (1') to the lot line.
Collier Co~v*~y 2-1.f8 O~'taher JO, I~1
Land De~etapment Code
2.6.4.1.6 F~, ~lls ~d h~g~, ~bj~ ~ ~. 2.6.11, ~d p~ ~un~ air condition~ a~ ~t~ in
~i~ yar~, ~bj~t to
2.~.4.1.7 ~, ~v~ or ~t~ ~II ~ pmj~t ~ ~ f~t (3') into ~ ~ui~ ya~, provi~ ~at
~ ~e ~ui~ ya~ is I~ ~ six f~ (6') ~ ~d~, ~ch pmj~tion s~ll not ex~ ~e-half
(1~) ~e ~d~ of ~e ya~.
2.6.4,1.8 Ex~ u ~vid~ ~ ~. 2.6.1, ~ing in ~is ~ing.C~e s~ll ~ m ~tm~ ~ to pm~bit
2.6.4.2 ~ Aft~-t~Fa~ Y~d E~c~m~.
2.6.4.2.1 Min~ a~r-~f~t ya~ ~cm~h~ ~y ~ approv~ ~nist~tively by the Develop~t
~i~ Di~r. For ~e ~ of ~s Su~ti~, ~nor yard mcm~h~ shall ~ divid~
into ~ cl~ifioti~:
1. St~m~ for which
~. ~e D~elop~t ~i~ Di~r ~y ~nistntively npp~ve ~nor aRcr*the*
[~t y~ ~c~~ of u~ ~ ~ ~d one half (2.55) ~=nt of the ~ui~ yard, not
~ ex~ n ~imum o[ ~ ~d ~e hlf ~h~ (2.5').
f~t ya~
~imum of ~o f~ (~').
~.6.4.2.2
m~t of h~ ~d wh~
~h~ulo of F~.
~c~h~n~, ~d ~11 ~in ~i~y (30) ~ys of ~eipt of the r~uut ~d nppliotion f~, '
noti~ ~e applier h ~t~l of i~ approval or d~ial b~ u~n info~tion provid~ by
the applier
3. If d~i~ by tho Develop~nt ~icu Di~tor, all f~ for the r~u~t for ~nor n~er*th~
f~t ~cr~h~nU ~y ~ npplj~ t~rd n vsd~ ~u~t ~ d~d~ in ~. 2.7.5, if
~e vnd~ ~t is ~iv~ ~thin ~i~y (30) ~ys after the ~te ef the denial letter.
C~lllcr C~nty 2-1J9 October
2.6.4.3
2.6.4..3.1 ~ It is the inteat and purpose Of this section tO Perm~l[ the placer,'~nt of principal
structures, excep~ 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 wilhout damage to a particular
environmental situation; The provisions of this section have their greatest potential application in
planning for the use of tide, rater inlands or arm of the County of such size amd location that the use
of this provision will meet its intent and purpose, if the provisions of this section are m~t, such provi-
sions govern regardless of any requirement for waterfront yards in the zoning district involved.' In
those cases where the Coastal Control Line is involved, the Coastal Construction Control Line shall
apply.
2.6.4.3.2 Classification of Waterfront Lands and Buildin~ Location. Principal structures shall notbe erected
waterward under this section beyond the following limits for the situations outlined:
1. For waterfront lands along which a bulkhead line has been established, buildings may
erected out to, but not beyond, Ihe bulkhead line.
2. For waterfront lands along which an offshore building limit has been e~tablished by the
Board of County Commissioners, buildings may be erected out to, but not beyond, the
building limit line.
.3. For waterfront lands along which neither a bulkhead nor a building limit line has been
e~tablished, buildings may be erected out to, but not beyond, the shoreline, as that shoreline
exists prior to development and construction.
2.6~4.3.3 Us~. Since this section applies only lo the placement of structures in waterfront yards, there shall
be no use permitted under this section which is not permitted or permissible in the district involved.
A structure approved under this section, however, may be attached to or made am integral part of a
boat house or dock, if such boat house or dock is permitted or permissible in the district involved.
2.6.4..t.4 Site De~'el0oment Plan Reouired. An applicant under this section shall submit a-Site Development
Plan a.n required in..Div. 3.3. In addition to the contents of such a plan as required by Div. 3.3, the
applicant shall submit such materials as will demonstrate that the placement of the propo.,,~.l buildings
in waterfront yards from which Ihey would otherwise be excluded (i) will not adversely affect
adjoining or nearby properties nor cause blocking of water view in any substantial degree from
adjoining or nearby properties, amd (2) will cause no adverse environmental effects as a result of
building placement as requested.
SEC. 2.6.5 ~IjILDINGS TO ItAVE; ACCESS. Every building hereafter erected or moved shall be on a lot
adjacent to a public street or with actual amd legal access, to an approved private street, and all
structures shall be so located on lots as to provide safe and convenient access for servicing, fire
protection, and required off-street parking.
SEC. 2.6.6 USE OF RESIDENTIALLY ZONED PROPERTY FOR ACCESS PROIlI~IT. ED. No lot or
parcel which is residentially zoned or desienated shall be u~xl for driveway, walkway or access
Collier County 2-1~0 October $0. 1991
l~tnd Development Code
purposes to any land wlfich is non-residentially zoned ch' designated, or used for any purpose not
permitted in a r~idential district except for ingre~ and egre~ to a use existing at the effective date
of ,Collier County Ordinance No. 82-2 which does not abut on a street, except as may be further
provided in tl~s Code,
SEC. 2.6.? PARKING AND STORAGE Or CERTAIN VEHICLES.
2.6.7.1 Parkin~ and Storage of Vehicles Without Current License
2.6.7.1.1 Automotive vehicles or trailers of any type without current plate~ where required by law shall not be
parked or stored on any rmidentially.zoned or designated property, including the E-Estates District,
other than in completely enclosed buildings.
2.6.7.2 Parking. Storage or Use of Major Recreational Eoulvmerll,
2.6.7.2.1 No rt~jor recreational equipment shall be used for living, sleeping, or housekeeping purposes wbtn~
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 comer and through lots, the rear yard shall be con-
sidered the rear of the residence), or in a completely enclosed building, or in a car~rt, 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 not to exceed twenty-four (24) hours
during loading and unloading, and/or cleaning prior to or after a trip.
2.6.7.2.2 The following exceptions may be granted by the Development Services Director.
I. Such major recreational equipment may be parked upon the premises of the resident for a
period not exceeding seven (7) days for the purpose of loading, unloading, repairing and/or
cleaning prior to or af~' a trip. The permit for such period shall be affixed to the vehicle
in a conspicuous pi·ce on the street side thereof.
2. Non-Resident: Such car, trailer, bus or' motor home, when used for transportation of visitors
to this County to visit friends or members of the visitors family residing in this Couqty may
be parked upon the premises of the visited family for a period not exceeding ten (10) days..
This does not allow for li.ving, sleeping, or housekeeping purposes.
2.6.7.3 Parkirte of Commercial Vehicles or Commercial Euuinment In Residential
2.6.7.3.1 It shall be unlawful to park a commercial vehicle or commercial equipment on any lot in · residential
zoning district unless one of the .following conditions exists:
I. The vehicle is engaged in a construction service operation on the site where it is parked. The
ve2ficle must be removed aa soon aa the construction of service activity has been completed.
2. The vehicle is parked in a garage, carport, or fully enclosed structure and cannot be seen
from the street serving the lot.
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I.,and Development Code
3. ~z vehicle is pa~ in ~e ~r of the ~in st~cmre ~d is enclo~ within a vege~tive
~r~ing which ~ls the v~clz f~m ~z vi~ of neighed.
4. Au~bil~, v~, ~d pic~p t~ ~ving a ~ !o~ ~pacity of one (1) t~ or I~ ~all
~ exempt~ from ~s ~ti~ ~ o~e~m p~hibit~ by a S~ial Pa~ng ~lay
~n~ of co~ial ~d/or ~jor ~tional ~uip~nt lh~ is provid~ under the ~nimum
~ui~ ~t fo~h in ~ia ~nin~ C~e. ~ia diet,ct is intend~ to apply ~ ~ overlay dist~ct for
~ or ~iona of a~ ~ich a~ ~ for ~id~tial ~. ~e pu~ of
plat~. ~ ~ ~g~ti~. p~v~t ~ding ~d the bl~king of vi~ ~d the fr~ fl~ of
diet,ct ~d ~t ~ i~le~t~g o~ ~ ~ eff~tive u~n approval by a ~o~ty of ~e
q~lifi~ el~w~ ~iding ~ ~e district voting ~ ~e next gene~l elation ~eld ~ifi~ly for
· e imple~t~g o~. ~e el~ti~ ~ a choi~ by' ~e el~tor if in favor of or op~
to ~e ~latlo~ adopt~ by ~e i~le~nting o~in~ce.
" ~C. 2.6.8 MO~G OF B~D~GS OR ~RU~.
No building or stmc~re shall ~ ~v~ from one lot to ~other lot, or. ~v~ to ~other l~tion on
· e ~ Io~, uni~ ~ch build~ or ~t~cm~ ahall lhe~Rer confo~ to all of the appli~ble
provisio~ of ~is ~ng ~e ~d ~ all other appli~ble ~gulatio~ of Collier County.
telephone, el~city. ~ble ~leviai~ or ~uni~ti~ to ~e gene~l public by p~vide~ which
~ve ~ approv~ ~d au~o~ ~ing to la~ having app~p~ate ju~iction. E~ntial
linen. ~er linen, g~ linen, telephone lin~, telephone awitching atationa, cable leleviaion.
~er ~ 2-162 ~tober JO, i~1
trartsmisaion and distribution lines, substations, lift stations, water pumping stations, individual wells
and septic tanks, and similar installations necessary for the performance of these services.
Furthermore, governmental facilities shall be permitted uses in commercial, indu.~trial, agricultural,
recreational smd estate zoned districts.
2.6.9.2 Conditional Uses. The following uses shall be deemed conditional u.-,es in any zoning district: electric
or gas generating plants, sc-wage treatment plants, including percolation ponds, hospitals, hospices,
water aeration or treatment plants, governmental facilities in residential areas, communication towers,
safety service facilities, and other similar facilities.
2.6.9.3 Under this subsection, where structures are involved other than structures supporting lines or cables,
such structures shall comply with the. regulations for the district in which they are located or as may
be required on an approval site development plan under Div. 3.3. In addition, the structure shall
conform im, ofar as possible to the character of the district in which they are located as to development
standards as well ·s architecture and landscaping, with utilization of screening and buffering
compatible with the district.
2.6.9.4 Essential services shall not be deemed to include the erection of structures for commercial activities
such as sales or Ibc collection of bills in districts from which such activities would otherwise be
barred. Unstaffed billing services, which are accessory uses to the normal operations of the essential
service, may be permitted.
SEC. 2.6.10 LOCATIONAL RESTRICTIONS FOR USE INVOLVING INTOXICATING BEVERAGF_,S.
2.6. I0.1 Sale of Alcoholic Beverages. The sale of alcoholic beverages for consumption on premises will not
be permitted at any location until such location has been approved by the Development Services
Director. Prior to action by the Deve['opment Services Director for recommending · location for sale
of alcoholic beverages for consumption on premises at any location, he shall find that the following
requirements have been met:
2.6.10.1.1 No ~uch use shall be located within five hundred feet (500') of any established elementary, middle
or high ncheel, child care center, public, library, church, public park, or public playground, unl~.ss
a waiver of said distance requirement is granted by Board of Zoning Appeals resolution pursuant to
Sec. 2.6.10.3. This does not include beach access points. The distance of five hundred feet (500')
shall be measured as the shortest distance between the lot on which the ~hool, church; public park
or playground is located and the lot on which the alcoholic beverages arc to be sold, except that
establislunents located in shopping centers shall be measured to the oi~ter wall of the establishment.
2.6.10.1.2 No such use shall be located within five hundred feet (500') of any existing establishment whose
primary function is the sale of alcoholic beverages for consumption on premiss.
The distance of five hundred fee~ (500')' shall be measured as the shortest distance between Ihe lot on
which the existing establishment is located and the lot on which the alcoholic beverages are to be sold,
except that establishments located in shopping centers shall be measured to the outer wall of the
~tablishment.
Collier Coun~ 2.1t~$ October $0. I~l
~ Dcvelopmen~ Code
Dfvfffl~ 2. ~ ~#~le~nental ~#tHct
2.6.10.1.3 The erection of any school, church, public park or playground within five hundred feet (500') of sm
establishment which offers the sale of alcobolic beverages for consumption on premises shall not cause
such establishment to become nonconforming.
2.6.10.1.4 The applicant shall submit a site plan showing the following:
I. Dimensions of' subject I~mises;
2. All vehicular points of ingress and egr~m; and
3. Complim~ce with all requirements of this Code including landscaping, off-street parking,
buffer ar~s, and location smd siz~ of all signs.
2.6.10.2 Expiration of Zonirm ADoroval. The Development Services Director's approval for ihe sale of
alcoholic beverages for consumption on premises, granted pursuant to this section, shall bxpire after
the following periods of time smd shall thereafter become null and void:
2.6.10.2.1 In the case of sm existing structure, zoning approval shall expire six (6) months frod~ the date of
approval unless, within that period of time, operation of the alcoholic beverage establishment has
commenced. For purposes of this section, operation shall be defined ss the sale of alcoholic i~everages
in the normal course of business.
2.6.10.2.2 la the case of a new structure, zoning approval shall expir~ one (I) year from the date of approval
unless, within that period of time, operation of the alcoholic beverage establishment has commenced.
However, if substtntial construction is completed, the Development Services Director may grant one
extension for up to six (6) months.
2.6.10.3 The Board of Zoning Appeals may, by resolution, grant waiver of part or all of the minimum distance
requirement set forth in Sec. 2.6.10. !. 1 if it is demonstrated by the applicant and determined by the
Board of Zoning Appeals that the site proposed for the sale and consumption of slcoholic beverages
is separated from ac. established school, church, public park or playground by natural or man-made
boundaries, structures or other restores which offset or limit the necessity for such minimum distance
requirement. The Board of Zoning Appeals decision to waive, part or all of the di~itsmce requirement
shall be based upon the following factors:
2.6.10.3.1 The nature and type of natural or mtn-made boundary, structure or other feature lying between the'
proposed establishment and tn existing school; church, public park or playground which is determined
by the Board of Zoning Appeals to lessen the need for the total five-hundred foot (500') distance
requirement. Such boundary, structure or other fesmre may include, but not be limited to,
marshes, non-developable wetlands, designated preserve areas, canals, and major rights-of-way.
2.6.10.3.2 The paths of vehiculsr and pedestrian traffic which could be'Uken between the establishment and the
church, school, public park or playground.
2.6.10.3.3 The hours of operation and the noise and light which could potentially be generated from the premises
selling alcoholic beverages.
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Land De~toprnent
2.6.10.3.4 Whether alcoholic beverages will be sold in conjunction with food or whether the establishment is
primarily engaged in the sale of' alcoholic beverages u a primary use. Prior to consideration of such
waiver by the Board of Zoning ^ppeals, the applicant shall provide to the Development .Services
Director a written application for waiver of the distance limitation on an application form supplied
by the Development .Services Director, including a legal description of all applicable structures with
a survey or boundary sketch to scale, and such other inJ'ormation which the applicant can supply
which would ~,dst the Board of Zoning Appeals in ite evaluation pursuant to the factors set forth
above. Upon receipt of tho applicant's application and the applicable application fee established by
the Board of County Commission-.rs, a public heating date shall be scheduled before the Board of
Zoning App~ls for a determination on the proposed waiver. The applicant shall notify, by certified
rrmil, the owners or repr~-ntatives ~f the subject school, church, public park or playground, of the
application at least fifteen (15) days prior to the public hearing and evidence of such notification shall
be supplied to the Development Services Director.
2.6.~0.4 The following uses shall be exempted from the distance limitations of Sec. 2.6.10.1.2, but shall
comply with ali other requirements of this section.
2.6.10.4.1 Any reataurs.qt deriving at least fi~y-one percent (515~) of its gross revenue from the sale of food and
non-alcoholic beverages.
2.6,10.4.2 Any motel and/or hotel with one hundred (100) or more guest rooms.
2.6. I0.4.3 Any private club, golf club, country club, civic or fraternal club may serve alcoholic beverages for
consumption on premises when such service is incidental to the main use and for the exclusive use
of the members, tetmnts and/or guests of the facility.
2.6.10.5 Any owner or operator of an establishment approved under this section to sell any alcoholic beverages
for consumption on premises shall upon written demand of the Development Services Director, make
or cause to be made under oath a statement itemizing what perzentage of his gross receipts are from
the sale of alcoholic beverages.
SEC, 2.6,11
2,6.11.1 Fences in Residential Districts. Fences or walls shall be allowed in all.zoning districts subject to tho '
restrictions set forth in Sec. 2.6.11,2 - 2.6.11.5.
2.6.11.2 ReSidential DistrjOs. For tbe purposes of this section, residential districts shall include: RSF-
Residential Single Family; RMF-6, RMF-12, and RMF-16-Residential Multiple Family; RT-
Residential Tourist; VR-Village Residential; MH-Mobilz Home; TTRVC-Travel Trailer-Recreational
Vehiclz Park Campground; and Residential increments of a PUD-Residential Planned Unit
Development Districts. Fences and walls shall be subject to the following:
2.6.11.2.1 Fences or walls placed within required yards shall be limited to a six (6') feet in height except that
no fence placed between tho front building line and the front property line of lots or parcels less than
one and one quarter acres (! 1/4) in sizz shall be greater than four feet (4') in height on interior lots,
or three feet (3') on comer lots.
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L,~ De~lopment Code
l~4vi~n 2.6 .~u~Memental O~#tr~ct Retula#ont
2.6.11.2.2 Fences or walls placed within the required rear yard of waterfront lots one (1) acre or less in siz~
shall be limited to four feet (4') in height.
2.6.11.2.3 Barbed wire, rtzor wire, spire tips, sharp objects, or electrically charged fences shall be prohibited,
excc~ that the Board of Zoning Appeals may allow tho use of barbed wire in conjunction with chain
link fencing wher~ it finds a security or hazard exists such aa a utility substation, sewage treatment
plant, or similar use.
2.6.11.3 At~'icultural Distrlct~. For the purposes of this section, agricultural districts shail include: A-
Agricultural; E-Estates; and CON-Conservation Districts. Fences and walls within agricultural districts
shall be exempt from height and ~ of construction.
2.6.11.4 Commercial and Industrial Districtn. For the purpos~ of this section, commercial and industrial
districts shall include: C-i/T, C-2, C-3, C-4 - Commercial Districts and C-5 - Heavy C. onu-nercial
District; l-Industrial; and P-Public Use District; and Commercial or Industrial tracts or.increments
of a PUD. Fences or walls should be allowed subject to the following:
2.6.11.4.1 Fences or walls in commercial and industrial districts shall be limited to eight feet (S'}~in heigKt.
2.6.11.4,2 Razor wir~, spire tips, sharp objects or electrically charged fences shall be prohibited. ',
2.6.11.5 General.
2.6.11.5.1 All fences and wa'lis shall be of sound construction and shall not detract from the public health, safety
and welfare of tho general public.
2.6.11.5.2 All fences and walls shall be maintained in a manner that will not detract from the neighborhood or
community.
2.6.11.5.3 Barbed wire is authorized within Agricultural, Commercial and 'Industrial districts. Razor or
concertina wire is not permitted except in the case of an institution whose purpose it is to incarcerat,,'
individuals, i.e., a jail or pL-~nitentiary, or by appeal to the Board of Zoning Appeals.
2.6.11.5.4 No fence or wall w.!thin any district shall block the view of f/easing motorists or pedestrian so aa to
constitute a hazard.
2.6.11.5.5 Fences and wella shall be constructed of conventional building materiala such aa, but not limited to
concrete block, brick, wood, decorative iron or steel, and chain link.
2.6.11.5.6 Fences and walls shall be constructed to pre,at the finished side of the fence or wall to the adjoining
lot or any shutting right of way.
2.6.11.5.7 When determined to be beneficial to the health, safety, and welfare of'tho public, the D~velopment
Services Director may waive height limitations of fences and walls in all districts.
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 az provided for within 2.6.11.5.7 and Div. 2.4.
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Land Development Code
2.6.11.6 Fence Height Men. sur~nent for All Distrlcts. The height of a fence or wall located outside of the
building line shall be rneasured from the ~round level at the fence location. However, if the
Developrr~nt Services 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 purpos,~
of measuring the fence height. In determining whether the ground level has been altered for the
purposes of incressing the height of the fence, the Development Services Director may consider, but
is not limited to, consideration of the following facts:
2.6.11.6.1 General ground elevation of the entire lot
2.6.11.6.2 In the case of a 10t with varying gro~d elevations, I~e average elevation over the length of the fence,
and at points in the vicinity of the fence.
2.6.11.6.3 The gro~md elevation on both sides of the fence, in mess~ring the fence height, the ground elevatic,n
on the sid~ of the fence locetion that is at the lowest elevation shall be used as a point from which
the fe~'~ce hcdght is to be measured.
2.6.11.6.4 Fence~ or walls shall be permitted principal uses; however a fence or Wall shall not, in any way,
constitute a us~ or structure, which permits, requir~ and/or provides for any accessory uses and/or
~'EC. 2.6.12 BOATS OR OT1FER FLOATING EOUIPMENT USED AS DWELLING UNITS.
Boats or o0~-r floating equipment being used as dwelling units or as commercial establishments may
not anchor or ti~-up in waters under the jurisdiction of the County for longer than forty-eight (48)
hours, except at facilities located in zoning districts permitting such use and at facilities within such
districts designated for such use and meeting County and State health standards for such use.
SEC. 2.6.13 MISCELLANEOUS STRUCTURES.
School bus shelters, bi.cycle racks, bus stop benches, telephone booths, mail boxes, newspaper boxes,
and delivery boxes sl~ll be permitted in any district. No advertising sign shall be permitted on any
· . such structure. Locations and setbacks of school bus shelters shall be approved by the School Bc~trd
of Collier County. Mail, newspaper and other delivery boxes shall be placed in accordance wit~ U.S.
Postal Service Regulations. All such structures are exempt from district setbacks.
No guest accommodation facility in a single family residential district, whether a free standing guest
house or guest acco~tious which are structurally integrated with the main 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 ~uest
accommodation facility accessory to it may not be occupied by the proper~y owner, since that would
constitute the unlawful utilization of single-family zoned property for two family dwelling purposes.
Guest hous~.s shall not be constructed on lots which are smaller than 43,560 square fe~t in area nor
shall they be constructed on lots which have a frontage less than one hundred and five fe~t (105') in
width, nor shall the living area of a guest house be larger than forly percent (40%) of the air
Collier County 2-167 October $0. 1991
Land Doeiopment' Code
conditioned, enclosed living area (excluding garages, carports, patios, porches, utility areas, and the
like) of the principal dwelling. Detached guest houses shall not be closer than twenty feet (20') to the
principal dwelling. A guest honse may be constructed prior to a principle, dwelling provided the guest
house meets the mJnlmum requirements of a single fami!y residence in the district in which it is being
constructed. At zucb time aa a principle residence is constructed, then the floor area percentages listed
above shall apply.
S~C. 2;6.1S ~;ARBAGE DUMPSTER.
Garbage dumpstera shall be permitted in all ~oning districLs subject to the following conditions:.
2.6.15.1 All garbage dumpstera must be ~:reened from view of adjoining property owners and streets at first
floor level. Dumpstera shall be ~creened on at least three sides.
2.6.15.2 The following structures may be permitted aa acreoning for dumpsters:
2.6.15.2.1 Wood fence. ~
2.6.1S.2.2 Concrete block and slucco wall, brick wall, maaom'y wall, or walls of similar materi~.
2.6.15.2.3 Vegetative ~creening in conjunction with Sec. 2.6.15.2.1 of 2.6.15.2.2 above.' ',
2.6.15.3 Dumpstera may be permitted within the building ~ethack area provided there is no obstruction of
vision of adjacent streeA~.
2.6.15.4 Screening for garbage dumpstera shall be exempted from height limitations for fences provided there
is no obstruction of vision of adjacent streets.
2.6.15.5 Screening of garbage dumpste~l shall be exempted in: Industrial Districts (!) if the dumpstera are
located greater than 200 feet from residentially zoned or used property and are not located within
front yards; and Rural Agricultural (A) Districts; ~md during construction in all other Districts.
SEC. 2.6.16 INTEGRAL CARILTAKER'S RESIDENCE IN COblMERCIAL AND INDUSTRIAl.
DISTRICTS.
The Developrr~nt Services Director may authorize the construction of a caretaker's residence in'the
C-I/T, C-2, C-3, C-4 - Comn~rcial Districts and C-5 - Heavy Commercial District; and I - Industrial
District subject to the following:
2.6.16.1 The residence shall be constructed aa an integral part of the principal structure and shall be entered
from within the principal structure. Exits required to comply with fire code shall be perrnitied.
2.6.16.2 The caretaker's re.nidence shall be an acce~ory use and shall be for the exclusive use of the property
owner, tenant, or designated employee operating or maintaining the principal structure.
2.6.16.3 Off street parking shall he tn for a single family residence in accordance with Div. 2.3.
049 .273'
I. xmd Development Code
2.6,16.4 Any other requirement which the Development Services Director determine~ necessary and
appropriate to mitigate adverse impacts of such use in the district.
SEC. 2.6.17 ~,~
This Zoning Code shall bo construed and applied with ~ference to the nature of the use of such
property without regard to the form of ownership. Condominium forms of ovmershlp shall bo subject
to this Code as is any other form of ownership. Condominiums of any kind, type or use shall comply
with the provisions of Chai:~'r 718, Florida Statutes, as amended, known as the 'Condominium A~t".
SEC. 2.6.18 ]~EED BESTRiCTIONS.
This Zoning Code shall not be affected by any deed restrictions or restrictive covenants recorded with
any deed, plat or other legal documents. No person or agency, in the cap~city of enforcing and
administering this Code, shall be responsible for enforcing any deed restrictions.
SEC. 2.6.19 p. ELATION TO S'FATE AND I~D'ERAL STATUTES.
2.6.19.1 Reouir~d State and/or Federal Permits. Where proposed use or development r~iuires State or
Federal development orders or permits prior to us~ or development, such development orders or
permits must be secured from State or Fedend agencies prior to commencement of any construction
and/or development, including any changes in land configuration and land prepa~tion.
2.6.19.2 De~elovment of R~ionai lmnact. Where a proposed use or development is a Development of
Regional Impact, it shall meet all of the requirements of Chapter 380, Florida Statutes, ss amended,
prior to the issmmce of any required County development orders or permits and commencement of
construction or development. Submission of the Application for Development Approval (ADA) for
a Development of Regional Impact (DRI) shall bo simultaneous with the. submission of any rezoning
and/or conditional use application or other land use related petition required by this Code to allow for
concu.~,~ reviews and public bearings before both tho Planning Commission and Board of County
Commissioners of the ADA and rczone,and/or conditional use applications. The DRI and rezone
and/or conditional use shall be approved prior to the issuance of any required County development
orders or permits and commencement of construction or development.
SEC, 2.6.20 HOME OCCUPATIONS.
2.6.20.1 In any zoning district which permits residential dwellings as a permitted use, home o/:cupations shall
bo allowed and they shall bo conducted by an occupant thereof. The horrm occupation shall bo clearly
incidental to and secondary to tho use of the dwelling for dwelling purposes and shall not change the
character thereof; provided that all the following conditions are met:
2.6.20.1.1 There shall be no on-site or off-site premise advertising signs.
2.6.20.1.2 The use does not generate mom traffic than would normally bo experienced ~tt a residence.
2.6.20.1.3 There shall be no receiving of goods or materials other than normal delivery by U.S. Postal Service
or similar carrier.
mm
l,,~s~d Deye~pmen~ C-ode
2.6.20.1.4 Puking or storage of commercial vehicles or equipment u prohibited by Sec. 2.6.7.3.
2.6.20.1.5 The on-pr~mise use of any equipment or materials, by their nature, shall not create or produce
exce~ive noise, o~noxions fumes, dust or smoke.
2.6.20.1.6 The on-premise use of any equipment or tools shall not create any amount of vibration or electrical
distuVoance.
2.6.20.1.7 No on-premise uso or storage of any. ~ material shall bo kept in such tn amount as to bo
potentially dangerous to persons or property outside tho confines of the homo occupation.
2.6.20.1.8 Tbore shall bo no r~tail sale of materials, goods or products from the p~mises.
2.6.~0.1.9 There shall bo no outside storsgo of goods or products, except plants, in which case no moro than
fifty percent (50%) of the total squar~ footage of the lot may bo used for plant storage.
2.6.20.2 Any homo occupation that is found to have violated any provision of this Section shali be discontinued
upon receipt of notice by the owner or occupant from the Development Services Director. Failure to
comply with said notice shall constitute a violation of this Code, and each day the use continues shall
bo cortaid,--red a separate off'cns~.
2.6.20.3 ltome occupations existing prior to the effeetive chto of Collier County Ordinance No, 82-2 and found
not to comply with tho provisions of this Code shall be deemed a violation and shall be.either
discontinued or shall meca the provisions imposed by this section.
2,6.20.4 A home occupation shall be subject to all applicable County occupational licen.,~s and other business
· SEC. 2.6.21 ]~RIVATE BOAT HOUSES AND DOCKS.
· . 2.6.21.1 Individual or multiple private docks including mooting pilings, davits, lifts and the like are permitted
to serve tho residents of a development on canal or waterway lots, provided they do not p3'otrude
more than tho resfx~tive distances specified in Seca. 2.6.21.2 and 2.6.21.3 for such canal .or.
waterway. Permitted dock facility.protrusions as well as extension of dock facilities ara measured
from the property line. Additional length/protrusion beyond said roapective distances specified in Seca.
2,6.21.2 and 2.6.21.3 may bo requested and shall require public notice and a hearing by tho Planning
Commission. Notice of the public hearings shall be prominently posted on the property for which the
extension is sought. Notice of the public hearing shall be advertised in a newspaper of general
circulation in the County at least one (I) time fifteen (15) days prior to the h~afing. Notice of the time
and place of tho public heating shall be sent at least fifteen (I$) days in advance of the hearing by
mail to'all owners of waterfront property within three hundr~ feet (300') of the subject property. The
Planning Commission may either approve, approve with conditions, or deny any additional
length/protrusion beyond that permitted in Sees. 2.6.21.2 and 2.6.21.3. The Planning Commission's
action shall be baaed upon consideration of the following factors:
Collier ~ 2-170 October $0, 1991
~ Devclopmera Code
2.6.21.1.1 The number of docka facilities to be located on the subject propeay in relation to the length of
waterfront property ·v·il·ble for the location of the dock facilitie.,;.
2.6.21.1.2 The wa/er depth.where the dock facility is to be located and the distance to the location of the
navigable channel.
2.6.21.1.3 The nature and ~ of water current~ in the navigable channel.
2.6.21.1.4 The land contour (bottom profile) of the property on which the dock facility is to be located. '
2.6.21.1.5 The effect the dock facility will have on the safety of the users of the navigable charmels and adjacent
w~ters,.
2.6.21.1.6 The locztion, length/protrusion and design of dock facilities on adjacent properties.
2.6..21.1.7 The impact the extension will have upon the view of the waterway by adjacent waterfront property
2.6.21.1.8 The distance to ~Jequate water.depth (three feet (3') at Mean Low Water) as compared to the
requested extension distance.
2.6.21,1.9 The size of the vessel intended to be moored at the dock facility.
2,6.21.1.10 For natural waterbodies only: Existing benthic organisms in the vicinity of the proposed extension.
If deemed necessary based upon review of the above criteria, the Planning Commission may impose
such conditions upon the approval of an extension request it deems as necessary to accomplish the
purposes of this Code and protect the safety and welfare of the public. Such conditions may include,
but shall not be limited to, greater side setback(s), provision of light(s), additional reflectors, or
reflectors larger than four (4) inches, and prohibiting or permitting mooring on the outside of the dock
facility.
· 2.6.21.2 For lots on · canal 'or waterway that is one hundred feet (100') or greater in width, no dock
.. facility/boat combination shall protrude more than twenty feet (20') into the waterway (i.e. the total
protrusion of the dock facility plus the total protrusion of thc moored vessel).
2.6.21.3 For lots on a canal or waterway that is less than one hundred (100) fee't in width, dock facilities may
extend/protrude no greater than five feet (5') into said canal or waterway.
2,6.21.4 For lots on a canal or waterway that is less than seventy feet (70') in width, the dock facility
extension procedure identified in Sec. 2.6.21.1 is not available (i.e., such lots are limited to a five
foot (5') dock facility).
· 2.6.21.5 All dock facilities on lots with water frontage of sixty feet {60') or greater shall have · side setback
requirement of fifteen feet (15'), except as exempted below..All dock facilities on lots with less than
sixty feet (60') of water frontage shall have · side setback requirement of ~ven and one-half feet ('7
I/2'). All dock facilities on lots at the end or side end of a canal or waterway shall have a side
Cottler County '~J.i~ ' .~, s ~, October.,tO, 1991
Ltmd Development Code
~b~ck recluir~m~t of sgvon and ~lF ~ (7 l~')'u ~r~ from the side lot line or
]~, ~c~ is s~a~. F~ ~ oF ~is ~tion, d~ line shall ~ defin~ u a li~
ex~d~g From ~e ~m~ of ~ ~d lot ~d side ~d lot into Ihe ~al or wa~y bi.ting
~uid~tly ~e ~gie c~ by ~e ~ (2) in--ting Io~. (S~ exhibit 'A').
2.6.21.6 ~1 d~k f~iliti~, ~l~ of l~g~pmt~i~, shall ~ve refl~to~ ~d ho~ num~ four
~ch~ (4') ~imum si~ i~ll~ u ~e ~t md, ~ ~ side. For multifa~ly d~elop~ca,
· e ho~ num~ ~ui~t is ~iv~.
2.6.21.7 ~1 d~k f~iliti~ am mbj~ m, ~ ~1 ~mply ~th, all f~enl ~d s~m ~i~ ~d
~, ~l~g ~t li~ m ~e ~ui~ ~d ~ of ~e ~ofi~ D~n~t of
Envi~ Re.latin, ~e ~ ~~t of Nam~l R~u~, the U.S. A~y ~ of
Eng~mn, md ~ U.S. Envi~l Pm~ti~ Ag~cy.
~C. 2.6.~ [RESERVED]
~C. 2.6.~ ~OIHBITED ~~ ~ ~IDE~IAL DIaRieS.
~e foll~g ~s am ~ ~ ~i~ fa~ ~ls md a~ not ~t~
~id~tiai di~6c~ ex~ u p~id~ f~ ~ ~g dist6ct ~latiom: turkeys, chicken, d~,
g~, pigs, ho~, ~, ~m, hogs, ~ ~e like.
~C. 2,6.~ ~ER~ AGRIC~T~L U~ OF ~MI~.
2.6.~.1 ~. ~e ~ of ~g Apes, ~y, u~ ~&tlon of ~e Pl~g ~on,
au~o6~ ~e ~ of lin& ~ my di~6ct, exit ~e Ru~l Ag6culm~i Di~6ct (A), for
ag6culm~ ~tiviti~, ~h u, md li~ to, ~g, field cm~, hoaiculm~, f~it md nut
pr~ti~, fo~t~, ~g, ~lmm md ~6culm~. It is ~e in~t of fids ~ti~ ~ ~t
~r~ ~6m ag6culm~l ~ ~ a ~ ~is which mmin the l~d ~ i~ ~, ~d~elo~
c~tcr. No [md au~o6~ m ~n in.dm ag6culm~ ~ ~ ~ ~ or ~ for ag6culm~l
or ~tiviti~ sh~ll ~ ~ ~, ~vc~ ~, or ~ for, ~y non-ag6culm~l ~ or d~elop~t
for at !~ ~n (I0) y~n a~r my n~ cl~g of ~ch Ired. ~e inc~ion of bulldogs md
st~cm~, o~er ~ wells, ~ for ~ation md dni~ge pro~tion, md unpav~
is st6ctly pm~bi~. Petitiom for inte6m ag6culm~l um s~ll ~ ~nside~ fi~t by the Pl~ing
~uion ~ ~e.~er hem~ ~t out.
2.6.~.2 ~tt~ Annli~fion. A ~t~ appli~tion for m in~m ag6culmral ~ shall ~ ~b~t~ to
Develop~t ~i~ Di~mr ~di~ting ~e ~is in ~is ~ning C~c under which ~e inte6m ag6-
culm~l ~ is ~ught md s~t~g ~e gmun& u~ w~ch it is ~t~, with paaicular mfc~nce to
· e ty~ of Findings which the Piing ~ui~ must ~ke under Sm. 2.6.24.3.3.
appli~tion s~l include ~te6~i nm~ to de--stem that the g~t of the inte6m ag6culmnl
~ will ~ m ha~ny with ~e genc~l intent ~d pu~ of ~is ~ning C~e, ~11 not ~ inju6o~
to ~e neigh~ or to ~joining pm~i~, or o~e~i~ dct6men~l to thc public welfa~. Such
~tc6al ~y include, ~t is not li~t~ ~, the roll.lng, whc~ appli~blc:
Z.6.~.2. I Developer pl~ at m approp6ale ~le shying site alteration, pro~ placement of st~ctu~
on the pro.ay; provisions for ing~ md cg~, off-strut parking ~d off-str~ loading ar~,
Co~er C.o~my 2-172 October 30. 1991
Development Cod,
refuse and service areas; and required yards and other open spaces;
2.6.24.2.2 Plans showing proposed locations for utilities;
2.6.24.2.3 Plans for screening and buffering with ref~nce to type, dimensions, and character;
2.6.24.2.4 Proposed landscaping a~d provisions for trees protected by County regulations; and
2.6.24.2.5 Proposed sigus and lighting, including type, dimensions, and character. Where this Zoning Code
places additional requirements on specific uses, the application shall demonstrate that such
recluireme~ts are met.
2.6.24.3 i~riew and Recommendation by the Plannin~ Comrais,~ion.
2.6.24.3. i ~Xlli~lg. A public hearing shall be held by the Planning Commission. Any party may appear
pensonally or by agent or attorney.
2.6.24.3.2 Notice of Public llearin~. Notice of public hearing shall be given at iea.~t fifteen (15) da~s in advance
of the public hearing. The owner of the property for which an interim agricultural use is sought or
his agent or attorney designated by him shall be notified by mail. Notice of the Public He~ring shall
be prominently posted on the property for which the interim agricultural use is sought. Notice of the
public hearing shall be advertised in a newspaper of general circulation in the County at least one (1)
time at least fifteen (15) days prior to the public hearing. Notice shall be given by mail to all owners
of property within three hundred feet (300') of the boundary lines of the property for which the
interim agricultural use is requested; provided, however, that where the petitioner is the owner of land
not included in the petitioner's petition and such land that is not included in the petition is part of or
adjoins the parcel for which the request is made, the three hundred foot (300') requirement shall be
measured from the boundaries of the applicant's ownership, including the land not covered by
petitioner's petition. For purposes of this provision, owners of the adjacent or nearby properties
within the distance set out shall be deemed those whose names appear on the latest available tax rolls
of the County, except that notice need not be mailed to any property owner located more than one-half
mile (2,640 feet) from the land for which the interim agricultural u~ is sought.
2.6.24.3.3 ~ndJn~. Before any interim agricultural use shall be recommended for approval to the Board of
Zoning Appeals, the Planning Commission shall make a finding that the granting of the interim
agricultural use will not adversely affect the public interest and certifying that the specific
requirements governing the individual interim agricultural use, if any, have been met by the petitioner
and that, further, satisfactory provision and arrangement has been made concerning the following
matters, where applicable:
1. Compliance with all elements of the Growth Management Plan.
2. Compliance with all environmental regulations as identified in the Land Development Code
or other regulations and policies of Collier County.
Collier CounO~ 2-17J ( 2ctob~r .ti). ! ~'91
Lan~ Development Code
3. Ingress and eg~ss to property and proposed structures thereon with particular reference to
automotive and pedestrian safety and convenienCe, traffic flow and control, and ~ in
case of fire or catastrophe;
4. Off~treet parking ~ai loading areas; where required, with particular attention to the items
in subsection 3 immediately above and economic, noise, glare, or odor effects of the interim
agricultural use on adjoining properties generally in the district.
5. Refuse and service areas, with particula~ reference to the items in Sec. 3 and 4 above.
6. Utilities,.with r~fercace to ioc~tions, availability, and compatibility.
7. Scruming and buffering with r~ference to type, dimensions and character.
8. Sign~, ifany, and proposed exterior lighting with r~fcrence to glare, traffic safety, economic
effects, and compatibility and harmony with properties in the district.
9. Required yards and other open space.
10. General compatibility with adjacent properties and other properties in the district.
1 1. Any special r~cluiremente established in Article 2 for the particular use involved.
2.6.24.3.4 Conditions a~d Safet, uards. In recommending approval of any interim agricultural use, the Plsaning
Commission may also recommend appropriate conditions and safeguards in conformity .with this
Zoning Code. Violation of such conditions and safeguards, which are made a part of the terms/ruder
which the interim agricultural use is granted, shall be deemed a violation of this Code.
Any interim agricultural use shall expire one (1) year from the date it was granted, unless extended
by action of the Board of Zoning Appeals, if by that date, the use for which the interim agricultural
use was granted has not been commenced; and an interim agricultural use shall automstically expire
two (2) years after the date of grant and must be reviewed by the Board of Zoning Appeals in order
to be continued. Each subsequent renewal period shall bo limited to two (2) years and must be
'. reviewed by the Board of Zoning Appeals at the end of each two (2) year period in Order.to be
continued.
2.6.24.3.5 ];)enial. If the Planning Commissiod shall recommend denial of an interim agricultu~l use, it shall
state fully in its record its reuons for doing so. Such reasoning shall take into account tho factors
stated in Sec. 2.6.24.3.3, or such of them as may be applicable to the specific interim agricultural
us, requested, if any.
2.6.24.3.6 Status of i~anninn Commission Reoort and Recommendatiom. The report and recommendations
of the Pl~u~ing Commission required above shall be advisory only ~nd shall not be binding upon the.
Board of Zoning Appeals.
Coitler County 2-174 'October JO, 1~91
2.6.24.4 Decision by the Board of Zonir~ Aooenh. Upon receipt of the Planning Commission's report and
recommendations, the Board of Zoning Appeals shall approve or deny the petition for an interim
agricultural use. An approval shall be by resolution of the Board of Zoning Appeals.
2.6.24.5 Public AcceM and/or Related Commercial Usez. The interim agricultural use of the premises which
in any way attracts or invites ace. ess and use of the general public or the use of such premises for any
commercial activity other than that expressly permitted within the zoning district is strictly prohibited.
2.6.24.6 Taxes. The granting of an interim agricultural use of the pr~mises by the Board of Zoning Appeals
as provided herein shall not constitute grounds for establishing a new assessment of Special Classe~
of Property as provided in Chapter 193.461 F.S., which axseasment of Special Classes of Property
did not ex~st for the subject premises prior to the approval of the interim agricultural un of the
premises ~.s provided herein.
2.6.24.'/ Minor C~harmes and Amendments. The Development Services Director may approve any change
he determines to be of a minor nature, such as changes in Iocalion, siting or height of permittexl
buildings and slructures, and improvements aulhorizr..d by the approved interim agricultural use.
2.6.24.8 Maior Chartres and Amendments. Any change or amendment which the Development Servic~
Director determines to be of a major nature shall require a full review as for a new petition.
SEC. 2.6.25 FARM LABOR HOUSING.
2.6.25.1 [~ This section is intended to apply to tho~e agricultural situations where housing
is required for permanent or transient farm labor. Housing established under this section shall be used
exclusively for that purpose and no other. It is intended that housing under this section shall be
erected only in the Rural Agricultural District (A) and only when such housing meets the requirements
and procedures of this section. It is the intent of this section that housing for farm labor shall be in
the nature ora 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.
2.6.25.2 Permitted Uses. The following Permitted uses are Permitted as farm labor housing,, or as uses
accessory to farm labor housing.
2.6.25.2.1 Permitted Uses.
I. Single. Family Dwellings.
2. Mobile Homes.
3. Duplex.
4. Multiple Family Dwellings.
5. . TTRVC's.
2.6.25.2.2 U~es Accessory to Farm Labor llousing_.
I. Us~s and structures that are accessory and incidgntal to farm labor housing
2. Caretakers Residences.
Collter County . 2-1 75 October JO. 19~1
Land Development Code
3. Child ~ Center~.
2.6.25.3 Site Develooment Plan Reou_ ired. No construction for the housing of farm labor shall be erected
until a site development plan has been approved as established in this Article and Div. 3.3. Any
application for development.to house farm labor shall include the general data established in Div. 3.3
and, in addition, the data required by this section. Upon the approval of a Site Development Plan,
no building pcrmit or certificate of occupancy shall be issued except in conformity with such approved
site dev¢lopn'r, nt plan and no use shall be made of farm labor housing subsequent to construction
except in conformity with that approved site development plan.
2.6.25.4 S~n~d$. In addition to the applicable requirements of site development plans in Div. 3.3, site
development plans for farm labor housing shall meet the following minimum standards:
2.6.25.4.1 ~. Farm labor housing shall be set back · minimum of one thousand feet (1,000')
measured from the nearest point of construction to any State, Federal, or County highway
fight-of-way line.
2.6.25.4.2 Minimtma nad Maximum Area. No on-site farm labor housing shall exc__,~J in land area three-.~
percent (3 ~) of the grosa acreage of the agricultural operation, or ten (I0) acres, whic{~ever is fees.
Off-site farm labor housing for laborers shall have a land area of not less than one (1) ~re nor more
than ten (10) acres.
2.6.25.4..3 Utilities. All utilities must be installed as required by State and County regulations.
2.6.25.4.4 La,muL Any ~opJication for Site Development Plan approval shall show:
2. Street patterns, with provision for surfacing with a hard dustless material;
3. At least three hundred (300) square feet for each lot or dwelling unit for open space and
recreation area;
4. The layout of building sites;
5. Actual ya~! dimensions (not less than minimum) for periphery of site and for each lot;
6. Size of units to be installed and specification of type;
7. Utility locations, sizes, and types; and,
8. Types of services to be provided.
CoiNer County 2-176 October JO, 1991
I. and Development Cod~
2.6.25.4.S Dimensional Standards.
. Dormitory
SF/MH D/MF tlou~in=
1. ~1jnimum Lot Area. 4,000 scI. ft. I acre i acre
2. ]~inimum Lot Width. 40 fl. 100 ft. 100 ft.
3. blinimmn Yard Rmuired. '
~'ront. 10 ft 20 ft. 20
fide. 5 ft. 20 fl. 20 ft.
Rear. I0 fl. 20 ft. 20 ft.
4. ~II.~Llltig~. 30 fl. 30 ft. 30 fl.
5. Minimum Floor Area. 500 aq. ft. 500 ~q. ft. 500 ~q ft. .-
6. Certification required by Chapter 10D-2~ FAC ~s a Migrant Labor Camp shal~ be required.
?. All requirements of the minimum Ho~ing Code shall be met.
8. NOTE: SF: Single-family; MH ~ Mobile Home; D ~* Duplex;
Mf - Multiple Family
SEC, 2.6.26 ],.Q.C,~.LOI~ P~I~QUIREMENTS FOR GROUP HOUSING
2.6'2~.1 All Group Housing stmcturea shall meet the following requirements specified for each typ~ of
I. Sit~ Development Plan (SDP) approval in conformance with Div. 3.3 (with the exception
of a Famil~ C~re 'F~cility).
2. All appli~ble $~am and County building and fire code ~tandards.
.3. All applicable Sta~ and County licensing requirements.
2.6.26.1.1 ]~a. milv Care Facifilv: A Family Cam Facility shall be treated ~,~ a single dwelling unit for the
purpo~ of determining applicabla d~velopment standards and, therefore, shall conform ~o the
standard~ identified for a single-family dwelling unit or mobile home in the z~ning district assigned
to the proi~rty ~ well ~ other applicable standards found in the Zoning Code. However, a new
Family Care Facility ~hall not be located within a radius of 1,0OO feet of another existing Family Care
Facility.
m
Collier County 2-177 October $0. 1991
Ixmd Development Code
th~ d~el~t ~ id~tifi~ in ~ ~ning distfic~ ~i~m~ to th~ pro~ ~d the following
i. Minim~ Habi~ble H~r A~:
a. Group ~ Facility (~tego~ I): 1,5~ ~m f~t pl~ 2~ ~m f~t ~r live-in
~n, ~gi~ing with the ~venth live-in ~n.
b. Group ~ F~ility (~tego~ II): .
(I) Ho~l~s Shelten: !,5~ ~re f~l plus 150 ~re f~t ~r live-in
~, ~gi~ing wi~ the ~venth live-in ~r~n.
(2) U~ other th~ the Ho~l~ Shelter: 1,5~ ~re f~t plus 2~ ~re
f~t ~r live-in ~n, ~gi~ing with Ihe ~venth live-in ~n.
2. ~inim~ ~t A~:
Group ~ F~ility (~tego~ I): 6,~ ~ f~ plus 1,5~ ~Lf~t ~r'Jive-
in ~n, ~g~ing ~th ~e ~th live-in ~n.
b. Group ~ F~ility (~go~ !I):
(I) Ho~l~ Shelle~: 6,~ ~re f~t pl~ ~ ~re f~t ~r live-in
~, ~g~ing wi~ ~e ~en~ live-in ~n.
(2) U~ o~er ~ Ho~l~ Shelter: 6,~ ~ f~t pl~ 1,5~
f~t ~r live-in ~n, ~gi~ing with the ~enth live-in ~n.
3. ~: 2 paring ~ ~r 5 ~ (Minimum ~uire~nt: 2 parking spaces).
4. ~pn~tion. R~ui~:
a. A n~ Group Ca~ Facility shall ~ ~uir~ to ~ i~at~ grater th~ a ~i~ of
1,2~ f~t f~m ~y other existing Group ~ Facility (applicable lo the RMF~,
RMF-12, RMF-16, RT, ~d VR ~ning districts).
b. A n~ Group ~ F~ility s~ll ~ ~uir~ Io ~ l~at~d grater than a ~dius of
5~ f~t f~m ~y other existing G~up Care Facility (applicable to the A,
~d RSF 1-5 ~ning district).
c. Dis~ce ~uiremen~ shall ~ ~ur~ along a st~ight line from th~ n~t ~int
of the existing Group Ca~ F~ility pro~y to the near~t ~int of the
n~ Group Ca~ Facility pro~y.
Collier C~ 2-178 October 30. l~l
~ ~[o~enl C~e
5. Special Setback Re0uirements: No structure 'shall be erected within 20 feet of any abutting
lot or parcel which is zoned residential, nor within 25 feet of a road right-of-way.
6. Landscat~|na Reou|rernents: As in Div. 2.4.
2.6.26.2 Cnre Unit.
2.6.26.2.1 Mgximurn Permitted Demitv: 26 group housing units per gross acre.
2.6.26.2.2 Homeless Shelters. Homeless shelter~ shall be subject to the following criteria:
Maximts~ Permitted Demitv: For homele~ shelters shall no~ exc_~__ 26 group housing units per
gros~ acr~ and shall be based on thz following standards:
Minimum llabitable Floor Area: I,$00 square feet plus 150 square feet per live:in person,
beginning with the seventh (Tth) live-in person.
Minimum Lot Area: 6,000 square feet plus 400 square feet per live-in person, beginning wi~ th~:
seventh (Tth) live-in person.
2.6.26.3 ~. A Nursing Hon~ shall be governed by the development standards iden(ified in the
zoning district assigned to the property and the following standards:
1. Maximum Permitted Density: 26 group housing units per gross acre.
2. Parking Required: 2 parking spaces per $ beds. (Minimum requirement: 2 parking spaces).
3. Special Setback Requirements: No structure shall be erected within 20 feet of any abutting
lot or parcel which is zoned residential, nor within 25 feet of a road right-of-way.
4. Landscaping Requirements: As required in Div. 2.4
SEC. 2.6.27 CjustER HOUSLNG (ZERO LOT
2.6.27.1 Purm~se and Intent. The purpose of cjuster housing is to provide a unique tad innovative alternative
to the conventional residential development in the RSF, RMF-, and VR Districts by creating a more.
varied, efficient, attractivz, and economical rr.~idential development containing a more usable pattern
of open space. It ia intended to implement the Gro~h Management Plan by, among other things,
encouraging compact urban growth and discouraging urban sprawl.
2.6.27.2 Aoolicabilit¥. This section shall apply to all parcels of land under single ownership within a-zoning
district which permits cjuster housing by conditional use.
2.6.27.3 Conditional l.]l~ Reouired. A conditional use approval shall be required for cjuster housing in the
appropriate zoning district. The conditional use application for cjuster housing shall be supplemented
with a conditional use conceptual plan which shall at a minimum depict the following:
Collier Cow~ 2-17~9 October JO, 1991
Land D~topmem Code
!. The overall development plan of the site showing: individual lots and their square footage;
buildings and their square footage; fights-of-way; parking area.n; amounts and location of
cormnon open space intended for recreation or public u~; 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 that all regulations and rvxluirerr~nt.n of the z~ning
district in which the proposed cjuster housing is located, except a.s modified by the
application of this section to the development plan, have complied with.
2. A description of the means by which the common open space will be maintained.
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 housing with the regulations and intent of this section.
2,6.27.4 Cjusterinf Stnndards. Conditional u~s approved for cjuster housing may reduce the lot area, lot
width, aral yard requirements within a zoning district subject to the criteria enumerated in this section.
The lot area, lot width, coverage, and yard regulations of the residential zoning district in which, the'
cjust~ housing is located shall be used as the basis for all computations of allowed reductions. For
those zoning districts permitting cjuster housing by conditional ug but not having established
minimum lot arm, lot widths, or yard regulations typical of single family or two family attached
dwellings, the RSF-6 District, dimensional standards shall apply. The following reductions or
incr~ 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 housing:
· 2.6.27.4.1 Maxirnum Density. The maximum allowable gross density in any cjuster housing development shall
not exceed the maximum allowable gross density of the residential zoning district in which the cjuster
housing development is located.
· 2.6.27.4.2 btinimum Lot Area. The minimum lot area in any cjuster housing development may be reduce, to
no less than thr~e thousand (3000) SClUar~ feet for each single family dwelling unit residential.
Development of cjuster housing upon a single parcel or tract of land, rather than upon conventional
lots, shall provide a minimum of three thousand (3,000} square feet of open space for each dwelling
unit exclusive of any common open space required by this section.
2.6.27.4.3 Minimum Lot Widih. The minimum lot width in a~y cjuster housing development may bo reduced
to no less than forty feet (40').
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~).
2.6.27.4.5 Minimum Yards. The minimum side and rear yards may he r~duced by up to twenty percent
(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 u~ conceptual plan, a zero lot line concept
may he utilized for single family detached dwelling units, or in the case of single family attach~J
dwelling units, a common wall concept may be employed, In either case, the remaining yard shall be
Collier County 2-180 October $0. I~1
Ltmd Development Code
equal to tho sum of th~ required sida yards. Zero lot lin~ cjuster housing, shall in addition, conform
to the following:
1. · The zero lot line portion of the dwelling unit shall be void of doors or windows.
2. The adjacent property shall contain, st a minimum, a three foot (3') access easement for
3. Roof overt~ng shall be prohibited over.~jacent property lines.
4. The minimum front yard requirements shall be the same as for the zoning district in which
the clus~r housing is Iocst~d.
S. In no case shall tl~ separation between principal buildings md structures be less than twelve
feet (12').
2.6.27.4.6 i~mnmon Ot~en Soace.
1. All deductions in the n~nimurn lot a~a, lot width and yard requirements ~elow that which
would otherwise be required within the district in which the cjuster housing is located shall
be required to provide aa equal amount of common open space within the same phase and
general area of each clus~r of homes in the development.
2. Common open space shall be re, fred for recreational uses.
3. Any conunerci~ uses recreational facility subject to membership, registration, fees, or aimed
at attracting outside users, shall not be counted ~ common 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 established under the laws of Florida to
administer and maintain tha facilities subject to a deed restriction acceptable to the County
to limit the 'use of said property to common open space. Provisions shall b~ included to
Itssure the continued maintenance of the common open space area.
5. Access rights to common open space for ali residents within the cjuster development shall
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, dev.elopor, his successors, and assigns, and shall constitute a
covenaat running with the land, and be in recordable form.
SEC. 2.6.28 ~sUTOMOBILE SERVICE STATIONS.
The following regulations apply to the location, layout, drsin~ge, operation, fencing, landscaping,
parking and permitted sales and service activities of automobile service stations:
Collier Cou~ 2.181 October JO. 1991
~ Devetol~nent Code
2.6.28.1 Lot Si~. Minimum Eighteen Thou~nd (18,000) Square Feet.
2.6.28.2 Minimum Frontage. An automobile ~rvice ration sh~II not be located on a lot with le~ tiaa one
hundred Md fifty fee~ (150') of frontage on · dedicated street or highway.
2.6.28.3 ~. One hundred tw~. ty feet (120').
2.6.28.4
1. Front Yard S~back. Fifty feet ($0').
2. ~le.._Y.~,lm~. Forty t'~ O0').
3. Rear Y~rd Selblck. Forty (40) feel
2.6.28.5 Canopy. Tm feet (lO') beyond pump ~tb~ck line.
2.6.28.$ ~,~ig.~T.~d. Storage tud~ dull be located below gr~e.
2.6.28.7 l, ighiil~: All light~ ~md lighting for ~n automobile ~rvico station sl~ll be design·ted and ~'x0ged~'
~o thU no ~ource of light dull be visible from any r~zidenti·l district. No I~rt of ,ny light structure
shall protrude beyoM prope~ ILne~.
2.6.28.8 Loc~tion of Structure. Purees e~c. No ri'rain or ~wce~ory building, no sign of ~my type, and no
g~zoline pump, I~k, vent, pump island or pump island c~nopy shall bo located within twenty-five feet
(2~') of-any rezidenti~dly zoned prop~wty. O~zoliz~ pump~ and pump islands m~y be located no closer
~ thirty fee~ (30') to tho stre~ property lines ~nd dull be located no closer th~n' forty feet (40')
to zny side or rear property line. Pump island canopie~ m~y be located no closer than twenty feet
(20') to the street property line. If ~uch ~etb~ck requirements mentioned above ,,re closer than setback
requirements for the zoning district in which ~he ·utomobile service station is located, ~uch service
station appurtenances shall be removed before the property is conver~.d to · uso other than an
automobile ~ervice station. Removal of fuel storage ~ is required. Free standing vents are not
· 2.6.28.9 ~.,llLl~lll~d.lat~. No ·utomobile ~ervice station shall have ~n entrance or exit for vehicl~ within
two hundred fe~ (200') ·long tho urea side of a street of ·.~chool, public plsyl~round; child care
center, church, ho~pital, public library, or any institution for dependents or for children, except where
tach property is ia -nether block.
2.6.28.10 Fence Reauimn~Lq. If ~m automobile ~ervice station abuts · residential district, · wall of ~olid
decorative m~t~'i·! five feet (5') in height or · wall of landscaping must be provided and properly
rnaintaiaed. If tho station is ~'p~ra~d from tho residential zone by ~m alley, then tho wall shall be
erected along the lot line also. In ~dition, all outside trash areas for used tires, auto parts, and o~her
iterrm shall be enclosed on ·!1 side~ by · five foot (5') high decorative fence or wall which shall
conform to all fence setback reguhtions. All walls and buildings shall.be protected by · barrier to
prevent vehJcle~ from contacting the wall.
287
Col#er County 2.1S2 October .fO. 1991
~ Developmou Code
Dfvldo~ 2.6 · ~ppl~fpral Dl~trfc~ Rt~l~rlorM
2.6.28.11 Qutside Dls_~lav of Products. Pedmleum products in cans ~nd windshield wiper blsde~ may be
displayed outside the service station building in the standard racks provided for such display, provided
such raci~ shall not be placed closer to a street line than the pump island. There shall be no outside
display or st~cking of tires or other merchandise.
2.6.28.12 TI~. Adequate, completely enclosed trash storage facilities shall be provided on the site.
On an interior lot, such facilities shall be located at the rear of the service station's main structure;
on · corner lot, such facilities shall be located, where possible, on the side of the main structure with
street frontage carrying the lesser volume of traffic.
2.6.28.13 Vehicle Sales. Ther~ shall be no vehicle sales conducted on the premises.
2.6.28.14 Drai~e. The entir~ lot, excluding'the are~ occupied by a building, shall be properly drained and
hard surfaced with concrete or plant mixed bituminous material, except for the required landscaped
2.6.28.15 1~. As required in Div. 2.3.
2.6.28.16 Lan~. As required wiflfla Div. 2.4.
2.6.28.17 Genera] Uses and Services. la addition to the retail dispensing of automobile fuels and oil, only the
following services may be rendered sad sales a~de except as indicated:
1. 5ales and servicing elr spark plugs, hatteries, distributors and distributor parts;
2. Sales, mounting, hal-,aclng and repair of tires and wheel alignments, but not recapping or
regmoving of wheels;
3. Sales and replacement of waterhoses, fan belts, brake fluid, light bulbs, fuses, floor mats,
wiper bi,es, grease re~.ainera, wheel bearings, shock absorbers, mirrors, exhaust systems,
and the like;
4. Provision of water, anti-freeze, flushing of the cooling system, air conditioning recharge, and
the like;
5. Washing and polishing and sale of automobile washing and polishing materials, but this only
allov~ ·ute detailing as an accessory use but this provision does not allow car washes;
6. Providing and repairing fuel pumps and lines;
7. Minor servicing and rep~r et' carburetors and fuel injection systems;
8. Emergency wiring repairs;
9. Providing repair and replacement of brake rotors, drums and pads;
I0. Minor motor ~djustments not involving removal of the head or crankcase;
1 I. Gre,uing and lubrication;
12. Sales of cold drinks, candies, tobacco, and similar convenience goods for service station
customers, but strictly and only as accessory and incidental lo the principal business
13. Provision of ro~d maps ~md other information outside of the enclosed areas;
14. ' No mechanical work shall be allowed outside Of the enclosed areas;
I$. No automobile service station shall be permitted where any oil drainage pit or visible
appliance for any such purpose other than refueling cars is loca~d within twenty feet (20')
of say street right-of-way or within forty-five feet (45') of any residential district, except
Collier County 2-18J October $0. 1991
Land Development Code
Dfvllfvw 2.¢~ .~.pplemen:ol Dt.~trfct R¢tulotfon~
whe~ ~h appliance or pit is I~at~ within a wholly ~ncl~ building;
16. U~ ~ible at ~ auto.bile ~i~ s~tion do not includ~ ~jor ~h~iol ~d ~y
work. st~ight~ing of f~ or ~y pa~. ~m cl~ng, painting, welding, stooge of
auto~bil~ (ex.pt ~ ~xp~ly ~tt~ in Item 17 ~low), co~rcial garage ~
a~ ~, or oth~ wo~ involving undue noir. glare, fume, s~ke or other cha~cter-
isti~ to ~ cxt~t g~tcr th~ no~lly found in ~ch s~tions. An auto--bile ~i~ s~tion
is not a facility for the ~le of auto.bile vehicle, a repair gauge, a ~y shop, ~ auto
dc~iling shop, or a track stop.
17. ~e tcm~ stooge of vchicl~ s~ll ~ ~itt~ if thc vchicl~ a~ lo ~ ~ic~ at thc
~ice s~tion or if the vchicl~ ~ve ~n t~ by the ~ice s~tion ~d are ~ing held
for ~icing, for ~ i~ce comply, or for ~le or ~lvage. ~y such vehicle(s), other
t~ th~ vehicl~ ~ic~ ~ily, shall ~ sto~ within ~ ar~ su~ound~ by ~ opaque
f~ not I~ th~ six fret (5') high. Said vehicles shall not ~ stor~ longer th~ ninety (90)
~ys.
18, Convenience ~r~e~ sto~ ~[[in~ ~tor ~el must con~o~ with ail provisions of S~.
26.29.
~C. ~,6,2~ ~VA~ A~RTS,
~ntroi ~y ~ c~t~ by ~e~hip, ~ht~f-~y, ~nt, or a combi~tion ther~fi
2.6.~9.~
~,6.~,~.R ~er st~m~ - O~er st~m~ m~ ~o~ ~th ~t~ks of the underlyin~ dist~ct; h~ever,
t~ey ~y not ~ pl~ within ~ f~t (50') of the p~
2.6,~9.~ l~tlon. P~wte siam ~all ~ I~t~ in ~o~ce with applicable S~te, County ~d F~e~l
SEC, 2,6,~0 PROVISIONS OF ~LLING ~AC~. At th~ ti~ ~he ~ard of County Com~ion~ approv~
a ~nin~ ~u~t ~o PI~ Unit D~elop~t (PUD) or at lhe time lhe Board of County
Co~ione~ approv~ a PUD a~nd~nt, ~y ~i~ntial proj~t within ~id PUD which will
a ~uni~y ~tion/public building/public r~m or similar co--on facility, shall ~ r~uir~ to
dete~n~ to ~ n~ by the Boa~ of County Co~ion~. ~e ~eard shall consider t~e
r~o~n~tion o~ the Su~i~ of Elations in r~ching ~ch d~t~ination. ~is r~uir~m~nt s~all
apply to all r~id~tial ~roj~L~ within a PUD: single family, multi-Family nn~ mobile home
Collier County 2-184 October $0, 1991
Land Developmen: Code
If the PUD or a rmideuti~l projecl within lhe PUD is a 'pdwl~' develop~l with · r~tdc~ ~dlor
~m~ mt~ which li~ ~ m ~id~ of !~ develop~nt, their ~m ~d n~
~~ wo~e~, a ~lling pl~ ~y ~ ~ui~ by th~ Board to ~ provid~ in ~y ~unity
~fion/public ~ildinglpublic ~m or si~lsr f~ility, however, ~h~ conZmlling entity of ~ha~
pfiva~ d~el~t ~y li~t ~e ~ of ~e ~lling pl~ to the ~id~ of that
d~el~nt.
~s ~t~t ~! ~ ~~ ~ugh ~e foll~g ~ism:
~ a~t ~ ~ ~e offici~ ~ of ~e ~e~ of ~e Ci~it Cou~ of ~lli~ ~unty,
w~ch ~1 ~ bi~g u~ ~y ~ all ~n ~ ~ ~t ~ui~ ~en~p of ~ch
~ a~ imi~ing, ~t ~ li~ ~, ~do~ium ~iatio~, ho~e~ ~iatio~.
or ~ ~iati~s. ~s agent shall provide for ~id co--unity ~tion/public
~ilding/public r~m or si~lar compri f~ility to ~ ~ for a ~lling place if dete~n~ to
n~ by ~e Su~i~r of Elations. ~e ~t~nt al~ shall ~ includ~ within the PUD
d~u~t.
~e Su~i~r of El~tio~ is ~ible for a~g~g ~ of ~id co~u~ty r~tion/public
~ilding/~blic ~m ~ ~er ~ f~ility for a ~ll~g pl~ ~ the ~tity ~o ~tmls ~id
~m~ f~ili~ p~ ~ ~ ei~i~.
~C. 2.6~1 ~O~R~ FOR ~LIC
~y ~ti~ ~y ~ ~ ~ ~ ~ ~lli~ ~ty ~ ~~ ~ ~ pmvisi~
fo~ ~i~. ~e ~m of ~h p~ ~! ~ at ~e ~le dictation of ~e B~M of
Commi~i~en. ~e ~M of ~ ~~e~, M i~ ~i~ for ~m~ of tach pro~y,
~1 eo~id~ ~e ~ of P~ ~l~Mg i~ d~i~, ~lor, si~, ~e pl~t of ~id p~ny
~d o~ ~n~t c~~i~ of ~e p~. U~ ~ce of ~e pro~y by ~e ~aM of
Cowry ~uione~, ~e ~ti~ s~ll ~ ~t~ to pl~ iu name on the do~t~ p~y
foll~g f~: 'Donat~ by (~ of donor)'. ~e d~i~, ~ ~d pla~t of the donor
on ~e don~ item ~11 ~ ~i~ by.~e B~M of Cowry Co~uione~ to ~m compli~
~ ~e foll~g cfi~fia:
2.6.31.1 ~e let~g s~ll ~ no larger lh~ ~o i~h~ (2") ~d shall ~n~in no info~tion otfier t~ t~t
~t fo~ a~ve; ~d
2.6~I.2 ~e I~tedng ~11 ~ whi~, bilk or other ~obt~ive color appropriate to the color' of the donat~
i~m; ~d
L6~I.~ ~ d~i~ ~d pl~t of ~a let~n~ ~II ~ a~mp~ate to ~vide identifi~tion of the donor,
if ~h id~ti~ti~ is ~u~.
~ ~ of ~ty ~i~e~ ~11 ~e~er approve, approve with ch~g~ or deny the
d~ign. ~e ~ of the donor ~ dona~ pm~y for public u~, in ~rd~c~ with lhe c~te~a
forth a~ve, s~ll not ~ ~side~ a si~.
SEC. 2.6.32 OFEN SPACE REOUIREMENTS IN ALL ZONING DISTRICTS.
2.6.32.1 L~sable _C)0en Soace Reoulr~nents. Usable ~ space shall include a~tive and passive recreation
areas such as playgrounds,, golf courses, beach frontage, waterways, lagoons, flood plains, nature
trails, and other similar open spaces. Open Space Areas shall also include those ~ set a.side for
preservation of native v. egetation and landscaped areas. Open water area beyond tile perimeter of the
site, street fights-of-way, driveways, off-street parking areas, and off-street loading areas shall not
be counted in determining usable open space.
2.6..32.2 Residential Develooments. tn residential developments, at least sixty percent (60 %) of the gross area
shall be devoted to usable open space. This requirement shall not apply to individual single family
lots less ~ two and one-half (2.5) acres in size.
2.6.32.3 Commercial. Industrial and Mixed-Use Develoom~ts. In developments of commercial, industrial
and m~xed use including residential, at least thirty percent (30%) of the gross area slutl£ be devoted
to usable open space. This requirement shall not apply to individual parcels less than five (5) acres
~..
in size.
SEC. 2.6.33 TEMPORARY USE PERMITS,
2.6.33.1 _Pm'oose and Intent. Based upon the nature of some uses, their impact on adjacent usea'and their
compatibility with surrounding properties, and the length of time a use is intended to function, there
is an identified need to allow ce~in temporary uses on the development site within zoning districts
that would not otben~,,ise provide for the use of the development site. It.is the intent of this section
to classify temporary uses and to provide for their permitting, administration and control.
2.6;33.2 The Development Services Director may grant a temporary use pernzit for requests that demonstrate
compliance with the intent of Sec. 2.6.33. Approvals for such requests shall be based upon, but not
limited to the applicant's description of the temporary use, the intended duration of the use, hours of
operation, as well as a Site Development Plan in accordance with Div. 3.3, if deternzined necessary,
w~ch demonstrates that provisions will be made to adequately address all of the following:
1. Traffic Circulation and safety within the site;
2. Minimum parking requirements for the temporary use as det'med within Division 2.3, Off
Street P~dng and Loading;
3. Screening, buffering, and landscaping of the temporary use to reduce potential impacts on
adjacent properties;
4. Lighting;
5. Sanitary Facilities;
6. Any other requirements determined to be necessary for the public health and safety;
2.6.3.1.3 Conceotual Plan Re0ulred. Ail requests for a temponiry use permit shall submit a detailed
conceptual plan of the site improvements, which shall be in a form and approved by the Development
Services Director prior to the issuance of the temporary use permit. The conceptual plan and
temporary use permit shall be submitted and approved prior to the submission of a building permit
application for the proposed model structure.
Collier County 2-186 October JO, 1991
Land Development Code
D~o~ ~.~ Supplcmcntol Dl~tr~c~ Reeulo#m.o
2.6.33.4 Temoorarv Construction and Develooment Permltq, During the construction of any development
for which a final d~velopment order has been granted,' the developer may request a temporary use
petit to provide for storage, construction and administrative activities on the development site. The
temporary use permit shall be granted initially for a period not to.exceed twenty-four (24) months in
length and may be ten~ved annually based upon demonstration of need. 'A request for ren~val shall
be submitted thirty (30) days prior to expiration of the temporary use permit. Temporary
Construction and Development Pernuts shall be allowed for the following uses:
1. Temporary office~ to be used for construction and administrative functions within the
development. .
2. On-site storage of equipment and construction materials for use on the development site only.
3. On-site mobile home used as a temporary office or storage facility for persons engaged in
the development of the site.
4. On-site mobile radio and television equipment and antennae.
5. On-site mobile home for the use of a watchman or caretaker only.
6. On-site temporary use of structures and equipment for the building of roads, public utilities,
and government projects.
7. Other on-~ite uses similar to the foregoing uses and determined to meet the intent of Sec.
2.6.33.2.
2.6.33.5 Model Homes and Modal Sales Offices, Model homes and model sales offices shall be allowed in
all zoning district~ by the issuance of a temporary use permit for a Model Home Or for a M~del Sales
Office subject to the following:
2.6.33.5.1 Model sales offices shall be of a temporary nature and located within a development under
construction. Model sales offices shall not be used for the offices of buildrrs, contractors,
developers, or similar activities. A temporary use perit issued for a model sales office shall be issued
initially for a period of twenty-four (24) months and shall allow for the sale, re.hale and marketing of
dwellings, s:ructures, or property within the development it is located, or adjacent developments under
the same control. Extensions beyond the initial two (2) year permit may be granted in accordance
with Sec. 2.6.33.3.8.
2.'6.33.5.2 Model homes shall be of a. temporary nature and may or may not be located within a development
under construction and shall only be permitted for dwellings that have not been previously occupied
as a residence. A temporary use permit issued for a model hoxne shall be issued initially for a period
of twenty-four (24).months. Activities within model homes shall be restricted primarily to the sale
and marketing of the model, or products similar to the model. A model home shall not include
offices for builders, contractors, developers, or similar activities. Extensions beyond Ire initial two
(2) year permit may be granted in accordance with Sec. 2.6.33.5.8.
2.6.33.5.3 Model homea may be "wet" or "dry" and may be constructed prior to recording of the final plat
pursuant to the provisions of Div. 3.2. Model homes constructed prior lo recording of the final plat
shall be limited in location to future platted single family lots.
2.6.33.5.4 Model home. s, or model sales offices constructed prior to record platting shall provide tm:tea and
bounds legal descriptions conforming to proposed plat configurations, and sufficient for the purposes
of building permit issuance.
Collier County 2-187 October $0, 1991
l.~nd Development Code
2.6.33.~.S Model homes permitted u 'dry models' shall be limited to · Condition·! Certification of Occupancy
allowing use of the structur~ as a model only. Model homes permitted u 'wet models' shall not be
occupied until such time · permanent Certificate of Occupancy can be issued.
2.6.33.5.6 Model homes and model sales offices shall conform with all requirements of the zoning district in
which they are lac·ted, including but not limited to: yards, square footages; and heights.
2.6.33.5.'/ Model homes may be served by an approved temporary utility system intended for future connection
to a central system. Interior fir~ protection facilities shall be provided in accordance with NFPA
requirements unless · permanent water system with fire protection capabilities is ·vail·ble and in
service.
2,6.33.5.8 Extension of · temporary usz permit issued for a model home or for a model sales office may be
granted for a maximum of three (3) years and shall require public notice and a hearing by the
Planning Commission. A reqmst for an extension and scheduling on the Planning Commission
agenda shall be made prior to expiration of the initial temporary uso permit issued for a model home
or model ule~ office. Only one such extension may be granted and any additional requests for an
extension shall be granted only in accordance with See. 2.6.33.5.10. Notice of the public hearing sh·ll
be prominently posted on the property for which the extension is sought. Notice of the public hearing
shall be advertised in · newspaper of general circulation in the County at least one time fifteen (15)
days prior to the hearing. Notice of the time and place of the public hearing shall be sent at least
tilden (15) days in advance of the hearing by mail to all owners of property within three hundred
(300') feet of the subject property. The Planning Conunission may either approve, approve with
conditions, or deny any request for extension beyond the time permitted within Sections 2.6.33.3.1
or 2.6.33.3.2. The Planning Commission's action shall be based upon consideration of the following
factors:
1. The number of existing model homes or model sales offices within the itnmediate area of the
extension request,
2. Th· classification of the right-of-way upon which the model home or model sales office
fronts.
3. The character, or make-up of th~ area. surrounding the model home or model sales office,
.. 4. Thz potential effect of the model homz or model sales office on adjacent and surrounding
properties.
5. The existencz of complaints relating to the use of the model home or model sales office.
which is the subject of tho extension request.
2.6.33.5.9 When deemed necess~'y and based upon review of the above criteria, the Planning Commission may
imposo such conditions upon the approval of the extension request it determines necessary to
accomplish the purpose of this section and protect the safety and welfare of the public. Such
conditions may include, but shall not be limited to: restrictions to the hours of operation; parking;
sign·ge; screening and buffering and the length of the extension. ·
2.6.33.5.10 Extension of model homes or model sales office permits in excess of three (3) years shall require
submittal and approval of a Conditional Use Permit with Sec. 2.7.4 Conditional Use Procedures.
SEC. 2.6.34 [RESERVED]
Collier County 2.18~ October 30. 1991
Land Development Codt
SEC. 2.6.35 COMMUNICATIONS TOWERS. Provision for 'Conununicatior~ Tower~' in Collier County
containzd in Collier County Ordinancz No. 91o84, ~ may bz amended from tin~ to time, and ~hould
bz refmn~! the~in.
collier County 2-1~9 Oc~ber $0, 1991
land Developmau Code
DIV. 2.7 ZONING AD~TION A_ND PROCEDURES.
SEC. 2.7.1 GE~RAL.
SEC. 2.7.2 AMENDMENT PROCEDURES.
2.7.2.1 Puraose and Intent. This Zoning Code and the Official Zoning Atlas may, from time to time, be
amended, suppl~naented, clumged or ~'l~aled. Procedures shall b~ as follows:
2.7.2.2 ~}itiation of Prooosals for Amend~nent. A zoning amendment may be proposed by:
2.7.2.2.1 Board of County Commissioners.
2.7~2.2.2 Planaing Corn~nission.
2.7.2.2.3 Board of Zoning Appeals~
2.7.2.2.4 Any other department or agency of th~ County.
2.7.2.2.5 Any person other than thoee listed in 2.7.2.2.1 - 2.7.2.2.4 above; provided, however, that no person
shah propose aa amendment for the rezoning of property (except aa agent or attorney for an owner)
which h~ does not own. Tbe nan~ of the owner shall appear in each application.
All proposals for zoning amendments shall be considered first by the Planning Cornmlssion in the
manner herein set out.
All proposals for zoning amendments shall be submitted in writing to the office of the Development
Services Director, accompanied by all pertinent information r~quired by this Zoning Code and which
may be r~iuired by the Planning Commission for proper consideration of the matter, along with
payment of such fees and charges as have been-established by the Board of County Commissioners.
No application for zoning amendment shall be heard by the Platming Commission until such fees and
charges have been paid.
2.7.2.3 Notice. ·
2.7.2.3.1 NOtice and Public tlearinn Where Prooo~ed Amendment Would Not Chan~e Zonin~
Classification of Land. Ordinances or r~olutions initiated by the Board of County Commissioners
or its designee which do not actually chan~e the official zoning atlas (the zoning designation applicable
to a piece of property) but do affect the use of land, including, but not limited to, land development
regulations aa defined in s. 163.3202, Florida Statutes, regardless Of the percentage of the total land
area of. tho County actually affected, shall be enacted or amended pursuant to the following public
notice and hearing r~luirements by the Planning Commission and the Board of County
Commissioners:
1. The Planning Commission shall hold one (I) advertis~ public hearing on the proposal
ordinance or resolution. No reque~ for establishment or amendment of a regulation that
affects the use of land may be considered by the Planning Commission until such time as
Collier OnmO~ 2-190 ,~ ' October JO. 1991
notice of a public hearing on the proposed amendment has been .given to tho citizen~ of
Collier County by publication of a notice of the hearing in a newspaper of general circulation
in the County, at least fifteen (1:5) daya in advance of the public heating,
2, The Board of County Conunissicoera ahall hold two (2) advertised public hearings on the
proix~zl ordinan~ or reaolution, Both hearings shall be held after 5:00 P.M. on a weekday,
and the first ~hall be held approximately seven (7) days after the day that the first
advertisement is publiahed, The second hearing shall be held approximately two (2) weeks
afar the first hearing and shall be advertised approximately five (5) days prior to the public
hearing. The day, time, and place at which the second public hearing will I~ held shall be
a:mounced at the first public hearing.
3. The required advertisements shall be no less than one. quarter page in a standard siz~ or a
tabloid siz~ newspaper, and the headline in the advertisement shall be in a type no smaller
than eighteen (18) point. Tho advertisement shall not be placed in that portion of tho
newspaper where legal notices and classified advertisements appear. The advertisement shall
be published in a nwvspaper of general paid circulation in the County and of general interest
and readership in tho community pursuant to Chapter 50, Florida Statutes, not one of limited:.
subject matter. It is tho legislativ0 intent that, wherever possible, the advertisement ~all
appear in a newspaper that ia published at least five (5) days a week uni'ess the only
newspaper in the community is published less than five (5) days a week. The advertisement
.mil be in the following form:
NOTICE OF ESTABLISHMENT OR CHANGE OF A LAND REGULATION
AFFECTING THE USE OF LAND
The proposal to adopt er change a regulation affecting tho use of land for tho area shown in
the map in this advertisen~nt.
A public hearing on tho regulation affecting the use of land will be held on (date and time)
st (meeting place).
The advertisement- shall contain a brief explanation of tho subject matter of the proposed
ordinance or re~olution and shall also contain a geographic location map which clearly
indicetes tho a~a covered by tho proposed ordinance or resolution. Tho map shall include
major stre~ names as a means of identification of tho area.
~otice and Public tlearirm Where Prouosed Amendment Would Chan~e Zonln_~ Classificntion
of Land. In the case of an application for tho rezoning of land, to include rezonings or amendments
to Planned Unit Developments shall be enacted or amended pursuant to the following public notice
and hearing requirements by tho Planning Commission and the Board of County Commissioners.
I. A sign shall be posted at least fifteen (15) days prior, to the date of tho public hearing by the
Planning Commission. The sign to be posted shall measure at least one and one-half (1
square feet in area and shall contain substantially the following language:
2.191 Ocmbtr JO. I1~1
PUBLIE HEARING TO REZONE ~15 PROPERS:
~OM TO
TO PE~:
DA~:,
~ME:
TO BE HELD IN COMMISSIONERS ME~N~ R~M,
COLLIER COU~ ~OVE~ME~ ~R.
2. ~ ai~ ~11 ~ ~ by ~ ~l~t ~i~ Di~r in ~11 vi~ of ~ public on
~h ~ tldo of ~ ~d l~d ~ ~ ~. ~ ~ p~ for which ~g
~ght ia l~dl~k~ or for ~ ~ ~ th~ ~i~ ~ot ~ ~s~ di~tly ~ ~ I~d
~ ~ ~n~, ~ ~ ~i~ ~ ai~ ahali ~ ~ along ~ n~ ~t~ fight~f-~y,
w~ch ~ing ia ~ght. ~ hrg~ ~1~ of p~ a~ involv~ ~ st~ f~n~g~
· gt~ding over ~id~blo di~, ~ ~l~t S~i~ Di~tor shall erst
~i~a on t ~t~ f~ag~ ~ ~y ~ d~ ~ to info~ tho public. ~ ~sting of
aiwa ~ p~id~ in thi~ Su~ti~ ~11 only ~ ~ui~ wh~ th~ ~ning
prowl is a~ifi~lly di~ to c~g~g tho ~ning cl~ifi~tion of
of I~d.
3. ~ Piing ~ui~ ~II hold ~ (!) ~v~i~ public h~ng. Noti~ of
~d pl~ of~ public h~fing by ~ Pl~ing Co~ion ~hall ~ ~nt at l~t fi~n (15)
~ya ~ ~v~ of ~ h~g by ~! ~ th~ ~r of ~ ~bj~t p~y or
4. Noti~ of ~ ti~ ~d pl~ of ~ ~blic h~fing by th~ Pl~ing ~ion a~all
fi~ (15) ~ prior ~ ~ ~blic h~g.
S. Noti~ of ~c ti~ ~d pl~ of ~e ~blic h~g by the Pl~g ~mmi~ion s~ll ~ ~t
~ l~t fi~ (1~ ~ys ~ ~v~ of ~e h~fing by ~1 to all
· ~ h~d~ (3~) f~ of ~ 'p~ lin~ of the I~d for w~ch ~g is ~ught;
provide, however, ~t ~ ~e l~d f~ w~ch ~n~g is ~ught is pa~ of, or ~j~t
to, l~d ~ by ~e u~ ~n, ~e ~ hund~ (3~) f~t dis~ shall
f~m ~e ~un~fi~ of ~e ~ti~ ~ip, ex.pt that noti~ n~ not ~ ~!~ to ~y.
pto~y ~er I~ ~m ~ one. If ~le (2,~0 f~t) from tho l~d for which
~ning is ~ught. For the pu~ of this ~ui~t, the na~ ~d ~dr~ of
pro~y ~e~ s~ll ~ d~ ~ aping on the lat~t Nx mils of ~llier ~t~.
6. Noti~ of the ti~ ~d pl~ of th~ ~blic h~fing by the Board of ~unty Co~ione~
shall ~ ~ve~i~ in a n~ of g~e~l ci~ulation in the County at I~t one ti~
l~t fifi~ (15) ~ys prior to ~e public
7. ~ Cle~ to ~e ~ of ~ty ~uione~ shall notify by ~il ~h
~er wh~ I~d is ~bj~t to ~ning ~d wh~ ~dr~ is ~ by ~fe~ce to the
Collier C~oumy 2-1 October JO, 1~!
lates~ ad valorem tax records. The notice shall state the substance of the proposed ordinance
or resolution. Such notice shall bo given at least fiReen (15) days prior to the date set for
the public hearing, and a copy of such notices shall bo kept available for public inspection
during tho regular business hours of the Clerk' to the Board of County Commissioners.
8. The Board of County Commissioners shall hold one (!) advertised public hearing on the
proposed ordinance or resolution and n~y, upon the conclusion 6f the hearing, immediately
adopt the ordirm'me or resolution.
2.7.2.3.3 Notice and Public Hcarlnn Where Prooosed Amendment Initiated by the Board of County
CommL~ioners Would Ch~nne Ihe Zonlrm Classification of Less Than 5% of To~al Land Area
of the County.
In casea in which the proposed comprehensive rezoning action, including but not limited to those
provided for in the Zoning Reevaluation Ordinance (90-23), initiated by the Board of County
Commissioners or its designee involven less than five percent (55) of the total land"area shall be
enacted or amended pursuant to the following public notice and hearing requirements by th.e Planning
Commission and the Board of County Commissioners.
I. The Pluming Commission shall hold one (1) advertised public hearing. Notice of the time~
and place of the public hearing by the Pluming Commission shall bo advertised in
newspaper of gene~ circulation in the County at least one time at least fif~ (15) days
prior to the date of the public hearing. Notice of the lime and place of the publi.c hear{ag
by the Pluming Commission shall be sent at least fifteen (15) days in ads;anco of the hearing,
by mail, to the owner of the f, rop~ies whose land will be rezoned by enactment of tho
ordinance or resolution, whose address is known by reference to tho latest ad valorem tax
records..
2. ^ notice advising of the hearin~ by the Board of County Commissioners to consider rezoning
properties sh~ll be sent by mail each real property owner whose land will be rezoned by
emsctment of the ordinance or resolution and whose address is known by reference to the
I-test ad valorem tax records. The notice shall state the substance of the proposed ordinance
or resolution as it affects the property owner and shall set a time and place for the public
hearing on such ordinance or resolution. Such notice shall be given at least thirty (30) days
prior to the date set for the public hearing.
3. The Board of County Commissioners shall hold one~ (l) advertised public hearing on the
proposed ordinance or resolution and may, upon the conclusion of the hearing, immediately
adopt tho ordinance or re~olution.
'2.?.2.3.4 Notice and Public liens-inn Where Pronosed Amendment Would Change the Zonlrt~_
Cla-,.,~jficalJon of More than 5% of the Tolal Land Area of the County. In ca.,ms in which the
proposed rezoning involves five percent (5 %) or more of thc total land area of Collier County shall
be enacted or amended pursuant to the public notice and hearing requirements by the Pluming
Commission and the Board of County Commissioners.
Collier County 2-195 October .tO. 1991
Land De~ttopment Code
Dfyftlo~ 2. ? ~t ~n~lnlttraff~t or~ I~ced~ret
1. The Planning Commission shall hold two (2) advertised public hearings on the proposed
ordinance or resolution. Both bearings shall be held after $:00 p.m. on a weekday, and the
first shall be held approximately seven (7) days after the day that the first advertisement is
published. The ~cond hearing shall be held approximately two (2) weeks after the first
hearing and shall be advertised approximately five (5) days prior to the public hearing. The
day, time, and place at which second public heating will be held shall be announced at the
first public hearing.
2. The required advertisements for the Plmming Commission public hearinga shall be no lec~
than one quarter pag~ in · stand·rd si~ or a tabloid size newspaper, and the headline in the
advertisement shall be in a 'type no smaller ~ 18 point. The advertisement shall not be
placed in that portion of the n~spaper where legal notices and classified advertisements
appear. The advertisement shall be published in a newspaper of general paid circulation in
the County and of general interest and readership in the community pursuant to Chapter 50,
F.S., not one of limited subject matter. It is the legislative intent that, whenever possible.
the advertisement shall sppear in a newspaper that is published at least riva (5) days per
week unless tho only .n?wspaper in tbe community is published less than five (5) days per
week. Tho advertisement shall be in th~ following form:
NOTICE OF ZONING CHANGE
Tho (name of IGc. al tovemment unto propos~
to rezone the land w~thln tho ~ showB in the
map in this advertisement.
A public hearing on the. r~.oning will be held
on f~te and tirnel at fmeetin~ DlaceL
3. The advertisement shall also contain a geographic location map which clearly indicates the
area covered by tho proposed ordimmce or resolution. The map shall include major street
nsa~es as a means of identification of tho area.
4. Tho Bosxd of County Conunissioners shall hold two (2) advertised public hearings'on the
proposed ordinance or resolution. Both hearings shall be held after 5:00 p.m. on a weekday,'
and tho first shall be held ~pproximately 7 days after tho day'that the first advertisement is
published. The second hearing shall be held approximately 2 weeks after tho first hearing
and shall be advertised.approximately 5 days prior to the public heating. Tho day, time, and
place at which the second public heating will be held shall be announced at the first public
hearing.
5. The required advertisements shall be no less than one-quarter page in · standard si,,, or a
· tabloid size newspaper, and the headlino in the advertisement shall be in a type no smaller
than 15 point. Tho advertisement shall not be placed in that portion of the newspaper where
legal notic~ and classified advertisements appear. The advertisement shall be published in
a newspaper of general paid circulation in the county and of general interest and readership
in the community pursuant to Chapter 50, F.S., not one of limited subject matter. It is the
legislative intent that, whenever possible, the advertisement shall appear in a newspaper that
Collier County 2-194 October JO, 1991
t~md Development Codt
is published at least :5 days a week unless the only newspaper in the conununity is published
less than $ days a week. The ~dvertisement shall be in the following form:
NOTICE OF ZONING CHANGE
The (nam~ of local ~overnment uniO proposes
to r~zone the land within the area shown in the
map iti this advertisement.
A public hearing on the r~zoning will be held '
on (date and time~ at ~
The advertisement shall also contain a geographic location map which clearly' indicates the
area covered by the proposed ordinance or resolution. The map shall include major street
n~mea as a means of id~tification of the area. "
6. tn lieu of publishing the advertisement set out in this paragraph, the Board of County
Commissioners may mail a notice to each person owning real property within the arc,--
covered by the ordimmce or reaolution. Such notice shall clearly explain q~e proi~sed
ordinance or resolution and shall notify the person of the time, place, and location of both
public hearing on tho proposed ordinance or resolution.
2.7,2.4 Fhmninz Commission Hearin~ and Reoort to the Board of County Commissioners.
1. ~. Hearings by tho Planning Commission on applications for rczoning of land
shall be held at least twenty-four (24) times a year. For applications not involving the
rczoning of hind, but which involve amendments to these zoning regulations, the Planning
Commission shall hold its public hearings twice per calendar year. In the case of an
emergency, amendments to these zoning r~gulations may be made more often than twice
during the calendar year if the additional amendment receives the approval ora majority vote
of the Board of County Commissioners. Unleas a longer time is mutually agreed upon by the
Plan,,sing Commission and tho Board of County Commissioners, the Planning Commission
shall file its r~commendations for either type of amendment with the Board of County
Commissioners within forty-five (45) days after the public hearing before the Planning
Commission has been closed.
2. ]~Yesentation of Evidence. The staff report on the application for rezoning shall be presented '
prior to tho cleeo of tho public hearing on tho application. The applicant shall be afforded
the opportunity, prior to tho close of tho public hearing to respond to any contentions
presented by any testimony or other evidence presented during the public hearing, and to
respond to the staff report, after r~ceipt of which tho hearing shall be concluded, unless the
hearing is continued and tho matter referr~cl back to staff for furthcr consideration of such
matters ss tho Planning Commission may direct.
2.7.2.5 Nature of Reoulrements of Plannina Commission R _eport. 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 Commission has studied and. considered the
049 300
Collier County 2-195 October JO, 1991
La~d Development Code
and Pr~ccdsret
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 population density pattern and possible increase er overtaxing of the Icad on pul~lic
facilities such as schools, utilities, streets, etc.
5. Whether existing district boundaries are illogically drawn in relation to existing conditions
on the property proposed for change.
6. Whether changed or changing conditions make the passage of the proposed amendm~t
7. Whether the proposed change will adversely influence living conditions in the neigh, borhood.
8. 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 ethen,Ase affect public safety.
9. Whether the proposed change will create a drainage problem.
10. Whether the proposed change will seriously reduce light and air to adjacent areas
I !. Whether the proposed change will adversely affect property values in the adjacent area.
12. Whether the proposed change will be a deterrent to the improvement or development of
adjacent property in accordance with existing regulations.
13. Whether the proposed change will constitute a grant of special privilege to an individual
ov,~er as contrasted with the public welfare.
14. Whether there are substantial reasons why the property cannot be used in accordance with
existing zoning.
I$. Whether the change suggested is out of scale with the needs of the neighborhood or the
County.
16. Whether it is impossible to find other adequate sites in the County for the proposed use in
districts already permitting such use.
m o'19 3ol
Collitr Ct~n~ 2-196 October $0.
~ D~eloprnent Code
17. Review and recommendations of tho conceptual Site Development Plan as required in
accordance with Div. 3.3, or the PUD Master Plan and Document as required in Sec. 2.7.3.
I 8. 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.
c. orm~t with th~ levels of re'vic· Mopted in th~ Collier County Growth Management Plan
ami as d~fmed and implemented through the Collier County Adequate Public Facilities
20. Such other factors, standards, or cfit~ia that the Board of County Commissioners shall deem
important in th· protection of' the public health, safety, and welfare.
2.7.2.6 Acleaua~ te Public Facilities. Tho petitioner may provide all required existing community and public
facilitiea ami services for th· r~cita~sted ~ m~da in any one of' the following manners:
1. P~titioa for · rezone at such time as all intuited adequate existing community and public
facilities and services have been provided at public expens~ according to the Capital
Improvement Progruu, or
2. Petition for · rezone at such time ss all required existing community and public facilities and
services have been provided at the privat~ expens~ of the petitioner, or
3. Post · surly in lieu of complg~'~l improveu~nts to guarsnte~ that all of the required
community and public facilities sad services will be provided, or
4. Facilities for parks and schools through land dedication or fee in lieu of such dedication, or
5. Other method accgptablo ro Board of County Commissioners.
· 2.7.2.7 Other Prorated Amendments. When pertaining to other proposed amendments of these zoning
regulations, the Planning Commission shall consider and study:
I. The need and justification }'or the change;
2. The relationship of the proposed amendment to the purposes and objectives of the County;s
Growth Management Plan, with appropriate consideration as to whether the proposed change
will further the purpose~, of thege zoning regulations and'other County codes, regulations,
and actions designed to implement the Growth Management Plan.
'2.7.2.8 Restrictions. Stipulations and Safeguards.
The Planning Commission may recon'unend that a petition to amend, supplement or establish · zoning
district be approved subject to stipulations, including, but not limited to limiting the use of the
property to certain uses provided for in the r~uested zoning district. The governing body, after
Col~er Cou~ 2-197 Ocwber .JO, 1991
receiving the recommendation from the Planning Commission on a request to 'amend, supplement or
establish a zoning district', may grsnt or deny such amendment or supplement and may nutke the
granting conditional upon such restrictions, stipulations and safeguards as it may deem necessary to
ensure compliance with tho intent and purposes of the G .~wth Management Plan.
Re~rictious, stipulations and safeguards attached to an amendment, supplement, or ~stablishment of
a zoning district may include but s~ not limited to those necessary to protect adjacent or nearby land
ovmers 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 systema and stipulations requiring that development take place in accordance with
a specific site plan. The maximum density permissible or permitted in a zoning district within the
Urban Designated Area shall not exe_-_~__ the density permissible under the Density R~,ting System.
The Board of County Commissioners shall be required to condition a~d limit the density of a Zoning
District to a density not to exceed the maximum density permissible under the Density Rating System.
The governing body may also stipulate that tho development take place within a given period of time
after which time public bearings will be initiated and the district returned to the original ciesignation
or such other district as determined appropriate by the governing body in accordance with the Grov~h_
Management Plan and Sections 2.7.3.4 and 2.7.2.12.3 Any restrictions, stipulations and, ssfegunrds '
attached to an unendment or rezoning including those identified in Section 2.7.2.8 may be indicated
on the Official Zoning Atlas in a manner deemed by thc County to be appropriate and informative
to the public. In cases where stipulations, restrictions or safeguards are attached, all repr6sentations
of the owner or his agents at public hearings shall be deemed contractual and may be enforced by suit
for injunction er other appropriate relief. Ail conditions, restrictions, stipulations and safeguards
which are a condition to the granting of the change in zoning district shall be deemed contractual and
may be enforced by suit for injunction or other appropriate relief. All costs, including reasonable
attorney's fees shall be awarded to the governmental unit if it prevails in such suit.
2.7.2.9 Status of Plnnnirm Commission R _e0ort and Recommendatlort,.
The report and recommendations of the Planning Commission required by Sec. 2.7.2.4 through
2.7.2.8 shall be advisory only and not be binding upon the Board of County Cornmissioncrs.
2.7.2.10 Board of County Commissioners: Action on Plannirm Commission Re~ort.
2.7.2.10.1 Upon receipt of th~ Planning Commission's report and recommendations, the Board of County
Commissioners shall hold a second public hearing with notice to be given pursuant to the provisions ·
of general law. The reports and reconunendations of the staff and the Planning Commission on the
application shall be presented prior to the close of the public hearing on the application. The applicant
shall have the right, prior to the close of the public hearing, to respond to any contentions presented
by any testimony or other evidence presented during the public hearing.
2.7.2.10.2 · In the case of all proposed changes or amendments, such changes or amendments shall not be adopted
except by the affirmative vot~ of four (4) members of the Board of County Commissioners.
2.7.2.11 Failure of Board of County Commissioners to Ac~.
If a Planning Commission recommendation is not legislatively decided within ninety (90) days of the
Collier County 2.1~g ¢h'fober $0.
Iand De~e~opmem Code
dat~ of closing of tl~ public hearing by tho Board of County Commissioners, the application upon
which tho report'and recoumsendation is based shall be deemed to havo been denied, provided that
Board of County Commissioners may refer tho application to the Planning Commission for fuither
study.
2.7.2.12 Limitations on the Rezonirm of Prooertv.
2.7.2.12.1 No change in the zoning classification of property shall be considered which involves less than forty
thousand (40,000) squs~ feet of area and two hundred (200) feet of street frontage except: where the
proposal for rez0ning of property inv. olvea an extension of an existing district boundary, or where the
rezoning is initiated by th~ Board of County Commissioners to implement the Zoning Reevaluation
Ordinance 90-23. However, tho requirement of two-hundred feet (200') of street frontage shall not
apply to rezono Petitions that provide eighty percent (80%) or more affordable housing units.
2.7~2.12.2 Whenever tho Board of County Commissioners has denied an application for the rezoning of property,
the Planning Commission shall not thkreafler:.
1. Consider any further application for tho sam rezoning of any part or all of the same
properly for · period of twelve (12) months from the date of such action;
2. Consider an application for any other kind of rezoning of any part or ali of tho san~
property for · period of six (6) months from the date of such action.
2.7.2.12.3 Except as otherwise provided within Sec. 2.7.3.4, all zoning approvals for which a final development
order has not been granted within the fifth (Sth) year of tho date of its approval shall be evaluated to
determine if the zoning classification for the property should be changed to a lower, or more suitable
classification.
During the fifth year after tho date of Ow zoning approval by. tho Board of County Commissioners
and during every fil~h year thereafter, th~ Development Services Director shall prepare a report on
the status of the. rezoned property. Tho purpose of the report will be to evaluate what procedural
.. steps have been taken to develop tho property under its cuiicat zoning classification.
Should the Development Services Director determine that development has commenced, then the land'
shall retain its existing zoning classification and shall not be subj'ect to additional review and
classification change.
Should the Development Services Director determine that development has not commenced, then upon
review and consideration of tho report .and any supplemental information that may be provided, the
Board of County Commissioners shall elect otw of tho following:
1. To extend the current zoning classification on tho property for a maximum period of five
years; st the end of which time, the property shall ag·in be evaluated under tho procedures
as de£med herein.
2. Direct the appropriate county staff to begin rezoning procedures for said property. Tho
Co~r Co~ 2-199 October $0, 1~91
Development Code
D~lMow 2. ? 7.~lne ,4dnvlnl:trat~on end Procedurer
existing zon~g classification of the property shall remain in effect until subsequent action
tn tho case of Developments of Regional Impact, titm limit restrictions shall be supersedcd by the
phasing pla,, and/or tim limits contained within tho Application for Development Approval and
approved a~ part of t Development Order in conformance with Chapter 380.06, Florida Statutes.
2.7.2.~3 Ai~!~licatlorts for Rezones to t Soecific Use. The applicant for any rezoning application may, ·t his
or her option, propose a specific us~ or ranges of uses permitted under the zoning clas~rification for
which application lure been ma~. A~ a condition of approval of such proposal, the development of
the property which was the subject of the rezoning application shall be restricted to the approved use
or range of uses. Any proposed addition to the approved use or range of uses shall require re-
submittal of a rezoning application for the subject proper~y.
2.7.2.14 Waiver of Time Limits.
The time limits of S~c. 2.7.2.12 above may bo waived by three (3) affirmative votes of the Board of
County Commia~ionera when ~uch action is de, ned nece~m'y to prevent injustice et to facilitste the
proper development of Colli~ County.
2.7.2.1S Site Develomnent Hah Time Limits.
Approved Final Sim Development plat~ ~ remain in force for two (2) ycar~. If no development
(actual construction) has commenc~ within two yesra, the Sit· Development plan shall expire. One
(1) on~yest extension may bo granted for good canso shown upon written application submi[tecl to
the Development S~vice~ Director prior to expiration of the p _receding approval. When extending
the Fhal Sit~ Development Pla,, approval, the Development Services Director shall require the
approval to bo modified to bring tho pla,. into compliance with any new provision of this Code in
effect ~t tho time of the oxt~tuion request.
· SEC. 2.7.3 PI, ANN'ED UNTF DEVELOPMENT fl'UD~ PROCEDURES.
2.7.3.1 A~llcafion and PUD Master Han Submission Re~ulrements. Applications for rezoning t9 PUD
sh~ll be in the form of a PUD Muter Plan of Development. The plan shall have been designed by
an urban planner who pou~a tho education and oxperienc~ to qualify for full membership in the
^n~ric~m Institute of Certified Plandcrs; and/or · landscape architect who pnssesses tho education and
experience to qualify for full memborxhip in the An~rican Society of Landscape Architects, together
with either a practicing civil engineer li~ by the State of Florida, or a practicing archite~t
licensed by the St~t~ of Florich, ~nd shall bo comprised, at · minimum, of the following elements:
2.7.3.1.1 PUD Master Hah. Tho PUD 'Mtster Plan shall include the following graphically portrayed
infortration:
I. Tho title of tho project and nam· of tho d~voloper;
2. Scale, dat~, north arrow;
m 040 : 305
~ 2. ? 7.~ne ~d~ntn~t~#m ~nd t~x~ce~iu~e~
3. Boun~rle~ of tho subject property, all existing streets and ped~trian systerrm within the hire,
watercourses, es~rncnts, land ~ and zoning districts of abutting prol~rty including book
and page numbera of platted parcels, ~etion lines, and other important physical features
within and adjoining the proposed development;
4. Identification of ali proposed tracts ot increments within the PUD such as, but not limited
to: residential; commercial; industrial; institutional; conservation/preservation; lakes and/or
other water management facilities; common open space; buffers; the location and function
of ail ~rea~ proposal for dedication or to ho reserved for conununity and/or public use;and
areas proposed for recreational us~ including golf causes and related facilities, and
provisions for ownership and operation, maintenance;
S. Identification of all proposed land uses within each tract or increment describing: acreage;
proposed numhot of dwelling units; proposed density and petcentege of the total development
represented by each type of use; or in the case of conunercial, industrial, institutional or
office, the acreage and maximum gross leasable floor area within the individual tracts or
6. Tho location and size (aa appropriate) of all existing drainage, water, sewer, an(~ other utility
provisions;
?. The location of all proposed major internal thoroughfares and pedestrian accessXways;
8. Typical cross-sections of all major, collector, and local streets, public ot private, within the
Pt O;
9. Tho location of existing roads, rights-of-way, and pedestrian systems within two hundred
(2OO') fee~ of the proposed PUD;
10. The overall acreage and proposed gtoaa density for the PUD;
11. Other uses of land.
2.?.3.1.2 ~.ggJ~l:la*~. Data supporting and describing the application for rezoning to.PUD shall consist
of the following:
1. Title Page to include Name of project;
2. Index/Table of Contents;
3. List of Exhibits;
4. Statement of Compliance With All Elements of the. Growth Management Plan;
5. General location map showing relationship of the site to such external facilities as highways,
shopping areas, cultural complexes and the like;
6. Property Ownership and General Description 'of Site (including statement of Unified
Ownership);
7. Description of Project Development;
8. Boundary survey and legal description;
9. Proposed land uses within each tract or increment;
I0. Dimensional standards for each typa of land use proposed within the PUD, Dimemional
standards shall be based upon an existing zoning district that most closely resembles the
development strategy, particularly the type, density smd intensity, of each proposed land use.
Ail proposed variations or deviations from dimensional standards of the most similar zoning
district shall be clesrly identified;
11. The proposed timing for Ioc.~tion of, and sequence of phasing or incremental development
within the PUD;.
12. The proposed location of all other roads and pedestrian systems, with typical cross-sections,
which will be constructed to serve the PUD;
13. Habitats and their boundaries identified on an aerial photograph of the site. Habitat
identification will be consistent with the Florida Department of Transportation Florida Land
Use Cover and Forms Classification System and shall be depicted on an s~ial photograph
having · scale of one inch equ~l to at les.st 200 feet when available from the C.~unty,
otherwise, n scale of at least one inch equal to 400 feet is ~_c¢_-'ptable. Information obtained
by ground-truthing surveys shall have p _rec_~_ence over information presented through
photographic evidence. Habitat, plant and animal species protection plans as required by Div.
3.11 shall apply.
14. Environmental Impact analysis pursuant to applicable provisions of Div. 3.8;
'. 15. Information about existing vegetative cover smd soil conditions in sufficient detail to indicate
suitability for proposed structures and uses;
16. The location and nature of all other existing public facilities, such as schools, parks, fire
stations and like;
17. A plan for the provision of all needed utilities to and within the planned community;
including (as appropriate); water supply, sanitary sewer collection and treatment system,
storm v,~ter collection Sd management system, pursuant to related County regulations and
ordinances;
18. Traffic Impact analysis;
19. Agreements, provisions, or covenants which govern the use, maintenance, and continued
protection of the planned unit devel_opment and any of its common areas or facilities;
Collier C. mm~ 2-202 October JO. 1991
Land Devetoprnen~ Ctntt
20. Development Commitments for all infras, tructure and rel.ated matters.
21. When determined necessary to adequately as~ss the compatibility of proposed uses to
existing or other proposed uses; their relationship to open space, recreation facilities, or
traffic impact; or to asse~ requests for reductions in dimensional standards, the
Development Services Director may request schematic architectural drawings (floor plans,
elevations, perspectives) for all p~ structures and improvements, as appropriate.
2.7.3.1.3 l~!riations From the Re~u_ ired Master Plan Element. The Development ,Services Director may
exempt a petition from certain required elements of the PUD Master Plan when the petition contains
conditions which demonstrate that the element may be waived without a detrimental'effect on the
health, safety and welfare of the community. All exemptions shall be noted within the PUD submittal
and provided the Board of County Commissioners. "
2.7.3.2 Pr~:~ for Planntnl Unit Dt, vdooment Zoning. Petitions for rezoning to PUD in accordance
with ,%c. 2.7.3.1 shall bz submitted and processed as for a rezoning amendment generally pu ~rs}umt':
to 5o:. 2.7.2 and in accordance with the following special procedures: I~
2.7.3.2.1 Preaonlication Conferenee. Prior to the submission of a formal application for rezoning'to PUD,
the applicaat shall confer with the Development .%rvices Director and other County staff, agencies,
and officials involved in the review and processing of such applications and related materials. The
applicant is further encouraged to submit a tentative land um sketch plan for review at the conference,
and to obtain information on any projected plans or programs r~lative to possible applicable Federal
or State requirements or other matters, that may affect the proposed planned unit development. This
preapplication conference should address, but not be limited to, such matters as:
1. The suitability of the area for the type and pattern of development proposed in relation to
physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer,
water, and other utilities.
2. Adequacy ol;~id~cz of uaified control and suitability of any proposed agreements, contract,
or other instruments, or for arn~dments in those p~posed, particularly is they may relate
to arrangements or provisions to bz made for the continuing operation and maintenance of
such areas and facilities that are not to bz provided or maintained at public expense. Findings.
and recommendations of this type shall be made only after consultation with the County
Attorney.
3. Conformity of the proposed Planned Unit Development with the goals, objectives and
policies of the Growth Management Plan.
4. The internal and external compatibility of proposed uses, which conditions may include
restrictions on location of improvements, restrictions on design,.and buffering and screening
requirements.
5. The adequacy of useable open space areas in existence and as proposed to serve the
development.
Co/t/er Co~ry 2-20.{ October JO. i~1
{.wkl Drvelopmem Cod~
6. ~e t[~8 ~ ~ of ~el~t f~ ~e ~ offing the ~y of a~ail~le
i~e~ ~d f~iliti~, ~ ~blic ~d ~va~.
~e ~ility of ~e ~bj~t ~ ~d of ~und~g a~ to ~o~te exp~si~.
8. ~f~ty ~ P~ ~ati~, ~ ~ ~ d~i~ble ~i~tio~ of
p~i~l~ ~, ~ ~ d~~ ~t ~h ~ifi~tions a~j~tifi~ ~ ~g public
pu~ ~ a de~ ~ i~ ~iv~t ~ libel' appli~tion of ~ch g~latio~.
2.~.2.2 ~~ Co~ ~y ~li~i~ f~ ~g m P~, mge~ ~ all ~s p~
~ ~e a~li~t md/~ ~s ~~ti~ md officios or ~~tiv~ of
pu~ of ~h ~hm~g ~f~t~ ~11 ~ m ~ig ~ brining
PUD m n~rly m ~ibla ~to ~fo~ty ~ ~e inter of th~ or o~er appli~ble g~lati~,
md/or ~ define ~ifi~lly my jmtifiabla v~atiom from the application of ~ch g~latio~.
2.7~3.2.3 ~ff R~i~ ~d R~~fi~. B~ u~ ia ~almti~ of tha fgm~
a~fiam ~ mff s~ll ~ a ~a ~ining their ~i~ findings, ~d a
~~ti~ of a~ m ~ial. In ~iti~, ~a s~ff shall p~am a PUD D~t ~ich
~11 ~ ~m~d~ di~l m&~, md oth~ d~elop~t ~nditiom w~ch should
~ i~ ~ ~e ~ P~ M~ Plm.
2.7~.2.4 H~ ~o~ t~ ~ ~~9~. ~blic noti~ ~I1 ~ giv~ md a public hm~g held
~f~ ~ Pl~g ~~ ~ ~ ~li~ti~ f~ ~g m PUD. Bo~
h~g s~! id~ti~ ~a a~li~, pm~ PUD M~ PIm of developer, ~d ~ui~
~~ m ~ey ~y ~ ~ ~d~ m a ~lt of ~e p~h~g ~nf~r~' ~uc~
~t ~ ~. 2.7.3.2.2.
2.7~.2.5 ~m~on R~~fiom ~ Pl~g ~i~ s~ll
~ui~ in ~. 2.7.2.5 ~ugh 2.7.2.8 ~ m ~ ~ui~ ~ ~s ~ti~ md s~ll
~d ~ &a ~ of ~ ~~m ei~ approval of
a~al ~ ~nditi~ ~ ~ifi~ti~; or d~al. ~ ~ of ig ~~&tion, the Piing
~si~ s~li ~ fmd~gs m ~ &~ PUD M~r Plm's ~mplim~ ~& ~e follo~ng criteria
. in ~diti~ ~ &~ ~d~gs ~ ~. 2.7.2.5 ~gh 2.7.2.8:
I. ~a ~i~bility of ~ a~ for ~ t~ md ~ttem of developer
physi~ c~gi~ of.~e I~, ~ding a~, t~ffi~ md gcc, d~inage, ~er,
wa~, md o&er utiliti~.
2. Ad~y of ~i~ of~fiM ~tml md ~imbili~ of my pm~ age--u, ~nt~,
or o&er ~m~, ~ f~ ~d~ ~ ~ pm~, ~i~larly
m a~ge~U or p~isi~ ~ ~ ~a for ~a ~t~uing o~tion ~d ~te~ of
~h a~ md f~iliti~ ~t a~ n~ ~ ~ p~d~ or ~inmin~ at public ex,nm. Findings
md r~&tiom of this t~ s~li ~ ~a ~ly after consulmtion with ~ Cowry
Attorney.
Co///cr C. ma~ 2-204 October .tO. 1991
~ D~tlopeum Cod~
3. Conformity of the proposed Planned Unit Development with the goals, objectives and
policies of the Orowlh M~u~gement Plm.
4. The into*md md exterml coml~tibility of proposed us~s, which conditions rmy includo
restrictions on location of improvements, restrictions on design, and buffering and screening
requirements.
5. The ~dequ~y of useable opeu ~ m'eu in existence and u proposedlto serve the
development.
6. The timing or sequence of development for the purpose of assuring the adequacy of available
improvements and facilities, both public and private.
7. The ability of the subject property and of surrounding areas to accommodate expansion.
8. Conformity with PUD regulations, or as to desirable modifications of such regulations in, the"-'
Particular case, based on determination that such modifications are justified u m~eting public
l~rposes to a degree at lout equivalent to literal application of such regulations.
2.7.3.1.6 Action by Board of County Commissioners. Unless the application is withdrawn by the~ applicant,
tho Board of County Commissioners shall, upon receipt of tho Planning Commission's
recommendation, advertise and hold a public hearing on tho application. The notice and hearing shall
be on the application and PUD Muter Plan of Development u recommended by the Planning
Commission to the Board of County Commissioners. The Board or County Commissioners shall either
grant the proposed rezoning to PUD; approve with conditions or modifications; or deny the
application for PUD rezoning.
2.7.3.3 Effect of Planned Unit Devdooment Zenith_. If approved bY the Board of County Commissioners,
tho Muter Plan for Development and all other information and materials formally submitted with the
petition shall be considered, and adopted u an amendment to the Zoning Code and shall become the
standards of development for the subject planned unit development. Thenceforth, development in the
area delineated as the PUD district on the Official Zoning Atlas shall proceed only in accord with the
adopted development regulations and PUD Muter Plan for said PUD district.
Before development of any typo may proceed, all agreements conditions of approval, and contracts'
required, but not approved at the time of amending action, shall be approved by appropriate officers
or agencies of the County. Issuance of a t'mal development order within any tract or increment within
the PUD shall first require compliance with all sections of the Collier County Subdivision Regulations
(Div. 3.2) and/or the Site Development Plan regulations (Div. 3.3.) as appropriate.
2.7.3.4 Time Limits for Approved PUD Master Ham. In tho event that a PUD Master Plan is given
approval, and the landowner(s) shall:
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 the approved
PUD Master Plan or other development orders for at least fifteen (I 5 %) percent of the gross
Collier County 2-205 October JO, 1991
I. and De~lopment Code
land area of the PUD site every five (5) years of the date of approval by the Board of
County Commissioners; and
2. Fail to receive final local development orders I~r at least fifteen (15 ~) of the total numbgr
of approved dwelling units in lho PUD, or in the case of PUD's consisting of non-residential
uses, thirty (30%) of tho total approved gross leaseble floor area .within the PUD every six
(6) years of the date of approval by the Board of County Commissioners.
The project developer shall submit to the Development Services Director a status report on the
progress of development annu~lly commencing on the fifth anniversary date of the PUD approval by
the Board of County Commissioners. The singular purpose of the r~port will be to evaluate whether
or not the project has commenced in earnest in accordance with the criteria set forth above.
Should the Development Services Director determine that the development h~s commenced in earnest,
then the land shall retain its existing PUD approval and shall not be subject to additional 'revicw and
consideration of new development standards or use modification.
Should the Development Services Director determine that the development has commencdd in earnest,
then upon review and consideration of the rs~ort provided by the owner and any 'supplemental
information that may be provided, the Board of County Commissioners stroll elect one of the
following:
1. To extend the current PUD approvsl for a maximum period of two years; at the end of
which time, the owner will again submit to the procedure as defined herein.
2. Require the owner to submit an amended PUD in which the unimproved portions of the
original PUD shall be consistent with the Growth Management Plan. The existing PUD shall
remain in effect until subsequent action by the Board of the submitted amendment of the
PUD.
3. If the owne~ fails, to submit an amended PUD within six (6) months of Board action to
require such an amended submittal, then the Board may initiate proceedings to rezone the
unimproved portions of the original PUD to an appropriate zoning classi~cation consistent
with the Future Land Use Element of the Growth Management Plan.
In the case of Developments of Regional Impact, time limit restrictions shall be superseded by the
phasing plan and/or time limits contained within the Application for Development Approval and
approved as part of a Development Order in conformance with Chapter 380.06 Florida Statutes.
2.7.3.5 Chan~es and Amendments.
2.7.3.5.1 Substantial/insubstantial Chang_es. Any substantial chang6(s) to an approved P.U.D. Master Plan
shall require the review and recommendation of the Planning Commission and approval by the Board
of County Cornmissionera prior to implementation. Any insubstantial change(s) to an approved PUD
Master Plan shall require approval by the Planning Commis.nion. For the purpo~ of this Section. a
substantial change shall be deemed to exist where:
Collier County 2-206 Ch'tober JO. 1991
Land Development Code
1. Ther~ is a proposed change in the boundary of the Planned Unit Development; or
2. Ther~ is 'a proposed increa~ in the total number of dwelling units or intensity of land use
or height of buildings within the development; or
3. There is a proposed decrease in preservation; conservation, recreation or open space areas
withia the development not to exct'~.d_ five (5) pereent of the total average previously
desiam~ed ss such, or five (5) acres ia ares, o~,
4. Ther~ is a proposed increase in the size of areas used for non-residential uses, to include
institutional, commercial and industrial land uses (excluding preservation, conservation or
open spaces), or a proposed relocation of non-residential land uses; or
5. There is a substantial increase in the impacts of the development which may include, but are
not limited to, increases in tra~c generation; changes in traffic circulation; or impacts on
other public facilities; or
6. The change will result in land use activities that generate a higher level of'vehicular tra~c
based upon the Trip Generation Manual published by the Institum of Trmsportation
Engineers; or
7. The change will result in a requirement for increased storm water retention, or will otherwise
increase storm water discharges; or
8. The change will bring about a relation~p to an abutting land use that would be in~mpatible
with an adj-__c_~at land use; or
9. Any modification to the PUD Master Plan which is inconsistent with the Future Land Use
Element or other element of the Growth Management Plan or which modification would
increase the density or intensity of the permitted land uses; or
I0. 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.
11. Any change or modification to the PUD Master Plan which, impact(s) any consideration'
deemed to bo st substantial modification as described under Sec. 2.7.3.5.1.1 through
2.7.3.5.1.9; or
2.7.3.5.2 Procedure for'Substantial/Insubstantial Ct,~_..,~__e Determination.
I. The applicant shall provide the Development Services Director documentation which
adequately describes the proposed changes along with the appropriate review fee prior to
· review by the Planning Commission. The FUD Master Plan MaP shall show all data
normally required for submittal of a PUD Master Plan unless it is otherwise determined not
to be necessary, describing the proposed changes in: land use; densities; infrastructure; open
space, preservation or conservation areas; area of building square footage proposed for non-
residential development; change in potential intensity of land use and related automobile trip
049 .
Collier Com~ 2-207 October JO. 1991
~ Development Code
movements, and relationships to abutting land rises. In addition, the applicant, for evaluation
of PUD Master Plan revisions, shall provide a detailed written narrative describing all of the
change(s) and the reasons for the request. Upon receipt of the amended PUD Master Plan,
the Development Services Director shall review said Plan against criteria established within
Sec. 2.7.3.5.1 above and may forward tho Plan to any other agency, division or authority
deemed nece~ary for review and comment.
2. Upon complcti'on of the r~w, the IX-.veloproeot Services Director, shall provide · written
determirmtion to the applicant, or his legal representative, confirming that. the proposed
clunge(s) do or do not constitute a substantial change to the approved PUD Muter Plan
baaed upon the evaluation of the criteria described in Sec. 2.7.3.5. I. Such Any deterrninaiion
made by the Development Services Director may be appealed to the Board of County
2.?.1.5.1 Substantial Char~es Procedures. Changes, as identified in Sec. 2.7.3.5.1, shall be'considered
substantial changes to the approved PUD Master Plan, and the applicant shall be required to submit
· ad proce~ a new application complete with pertinent supporting data, as set forth in Sec. 2.7.3.1
and 2.7.3.2. ..
2.7.t.5.4 Insubstantial Clumsze~ Procedures. Any insubstantial change(s) to an approved PUD Master Phn
based upon an evaluation of Subsection 2.7.3.5.1 shall require the review and app~al of the
Plmufiag Commission ~ on the findings and criteria u~ed for original applications, as'an action
t~ken at a regululy r..heduled meeting.
2.7.3.5.5 Lan~ua.ee Chan~es. Language changes to a previously approved Planned Unit Development
Document shall require the ~me procedure as for amending the official zoning atlas.
2.7.3.5.6 Minor Charmes Not Otherwise Provided For. It shall be understood that while a Planned Unit
Devclopmeat is required to describe and provide for:. infrastructure; intended land use types;
approximate acreages of internal development tracts; compatibility with adjacent land uses minor
changes may become necessary during the subdivision or site development plan development review
procesaes.
The Development Services Director shall also be authorized to allow minor ch~ges to the PUD
Master Plan during its subdivision improvements plan or site development plan process to
accommodate topography, vegclation and other site conditions not identified or accounted tot during.
its original submittal ,.nd review and when ~sid changes have been dctermined to be compatible with
adjacent land uses, have no impacts external to the site, existing or proposed, and is otherwise
consistent with the provisions of this Code and the Growth Management Plan. Such changes shall
include:
1. Internal re-alignment of right-of-ways, other than a relocation of access points to the PUD
itself, where no water management facility, conservation/p.reservation areas, or required
" e~sements are affected or otherwise provided for.
2. Relocation of building envelopes when there is no encroachment upon required conservation
or preservation areas.
Collier C-.ainu7 2-20a Octol~r $0o 1991
~ Development Code
~b~ of ~i~ ~ ~ge~t pl~, or approval of the Envimn~l Advi~
~ wh~ a~li~Iz.
M~or c~g~ of ~e ty~ d~ a~ ~1 n~el~
~ t~t ~id c~g~ ~ o~ ~ ~li~ ~ all ~ o~i~ ~d ~l~i~
~ ~e ~el~t ~i~ Di~r's ~ti~ for approval.
2.7.3.6 Mo~to~ R~ui~m~. M~to~g ~ s~ll ~ ~b~t~ by ~e d~elo~r/~er or
au~d~ ag~t of a PUD m ~e ~el~t ~i~ Di~mr.
~b~t~ ~lly, on ~h ~v~ of ~e ~m ~id PUD w~ appmv~ by the Board until
PUD is ~mpl~cly ~t~t~ ~d all co~t~ in the PUD D~u~t/M~r PI~
~ng ~ ~II provide ~e foll~ng info~tion:
I. Na~ of pmj~t;
2. Rede ~itim ~m~
3. Na~ of ~, ~cl~
4. G~ ~im of pmj~ ~viti~ ~ ~ 12 ~t~;
S. Num~ of ~, by ~t~ ~; .~m f~ ~d ~ge of ~ti~ f~iliti~,
~~ ~d ~ ~ ~; ~~~ ~d/~ oth~ ~ w~ch ~ ~!~
~ f~ ~ch a v~id ~t ~ ~ i~, ~t ~ch ~ve not ~ ~I~;
6. U~ PUD M~ PI~ ~g inf~m~, pmj~/d~cl~, pla~, pa~Is
~ ~ ~in~t ~f~i~.
7. T~ffic ~ for ~1 ~ ~ m ~e ~jor ~way nc~o~.
8. ~pi~ of~! ~ui~ ~m~g.~, ~Ict~ ~ p~t y~r (i.e., T~ffic, Well Field,
e~.).
9. U~to~ PUD ~t ~ch ~cl~ all appmv~ a~nd~.
10. S~ of ~t~ ~ PUD ~u~t.
11. ~er ~fo~tion ~ ~y ~ ~ui~ by ~e Doelop~nt Se~i~ Di~tor.
2.7.3.7 ~ln~om. Violation of ~s ~ti~ ~11 ~ ~fo~ ~ pmvid~ in Div. i.8.
2.7.3.8 lnt~om of ~ ~~. ~e D~cl~t ~ic~ Di~mr s~ll
in~ &e PUD d~u~t. .
SEC. 2.7.4 CONDITIONAL USES PROCEDURES.
2.7.4.1 General. A conditional use is a. use tl~t would not bo 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, '~ould promote the public health, safety, welfare, morals,
order, comfort, convenience, appearance, property, or the general welfare. Such uses may be
permissible in · Zoning District 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
Collier Counl~ 2.~09 October JO, 19c~1
Commission in the manner herein set out. Decisions regarding conditional uses shall be quasi judicial
2.7.4.2 Written Petition. A written petitio~ for conditional use shall be submitted to the Development
Services Director indicating tho 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 Zoking Appeals must make under Sec. 2.7.4.5. The petition should include
material necessary to demonstrate that the grant of conditional use will be in harmony wilh 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 prope~ies, or otherwise detrimental to the pul~iic
welfare. Such material may include, but is not limited to, the following, where applicable:
i. Conceptual Site Development Plans at an appropriate scale showing the proposed placement
of structur~ on the property; provisions for ingress and egress, off-street parking and off-
street loading areas, refu~e and service areas; and required yards and other open spaces-' The
conceptual Site Development Plan shall not be in lien of nor eliminate the need for, a Site
D~vclopment Plan under Div.3.3, as applicable. "-'
2. Plans showing proposed locations for utilities.
3. Plans for screening and buffering with reference as to type, dimensions, and chXaracter.
4. Proposed landscaping and provisions for trees protected by County regulations.
S. Proposed signs and lighting, including type, dimensions, and character.
6. Developments shall identify, protect, conserve, and appropriately use native vegetative
communities and wildlife habitat. Habitats and their boundaries shall be identified on a
cu,-,-~t aerial photograph of the property at a scale of at least 1'.,400'. Habitat identification
shall be consistent with the Florida Department of Transportation Land Use Cover and
Forms Classification System and shall be depicted on the aerial photograph. Information
obtained by ground-truthing surveys shall take precedent over photographic evidence.
7. Where this. Zoning Code places additional requiren{ents on specific conditional uses, the
petitioner shall demonstrate that such requirements are met.
Where the rezoning of land, as well as grant of conditional use, is requested
simultaneously for the same parcel of land, both said petitions may be processed
concurrently in accordance with the procedures set forth in Seca 2.7.2 and 2.7.4.
2.7.4.3 Notice nnd Public Hearlnn. Notice and public hearing by the Planning Commission and the Board
of County Commissioners 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 quasi:judicial in
nature.
2.7.4.4 ~ndin~. Before any conditional use shall be recommended for approval to the Board of Zoning
Appeals, the Planning Commission shall make a finding that the granting of the conditional use will
Collier County 2-210 October JO. 1991
Land Development Code
not adversely affect the public interest and that the specific requirements governing the individual
conditional use, if any, have been met by the petitioner and that, further, satisfactory provision and
ammgement has been made concerning the following matters, where applicable:
1. Consistency with this Code and Growth Management Plan.
2. 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
cam of fire or catastrophe.
3. The effect the conditional use would have on neighboring properties in relation to noise,
glare, economic or odor effects.
4. Compatibility with adjacent properties and other property in the district.
2.7.4.5 Conditions and Safet, uards. In recommending approval of any conditional use, the Planning
Commission may also recommend appropriate conditions and safeguards in conformity with this'
Zoning Cede. Violation of such conditions and safeguards, which are made a part of th~terms u~der
which the conditional use is granted, shall be deemed a violation of this Zoning Code.
Any conditional use shall expire oeo (!) year from the date of grant, if by that date the use for which
the conditional use was granted has not been conunenced; and a conditional use shall expire one (1)
year following the discontinuance of the use for which the conditional use was granted if the use has
not then been commenced.
The Board of Zoning Appeals may extend a conditional use a maximum of three (3) tin'ms for up to
one (1) year each time upon written request of the petitioner. Each extension must be requested and
approved prior to the expiration of the original conditional use or previous extension term.
2.7.4.6 Denial. If the Planning Commission shall recommend denial 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 Sec.
2.7.4.5 or such of them as may be applicable to the action of denial and the particular regulations
relating to the specific conditional use requested, if any.
2.7.4.7 $lal~ of Plannin~ Commission Reoort and Recommendations. The r~port and recommendations
of the Planning Commission required above shall be advisory only and shall not be binding upon the
Board of Zoning Appeals.
2.7.4.8 Board of Zoninn Aooeals Action on Plannlnn Commix,~ion Rem~rt. Upon receipt of the Planning
Commission's report and recommendations, the Board of Zoning Appeals shall approve, by
Ordinance, or deny a petition for a conditional use. The approval of a conditional u~ i'~tition shall
require four affirmative votes of said Board.
2.7.4.9 Conditional Uses for School or Relinious Purooses. A use which has h,~n approved a., part of a
Pr,'liminary Subdivision Plat (formerly Subdivision Master Plan) or a Planned Unit I~velopment for
schools, religious or eleemosynary uses shall be~exempt from the provisions of this Section. Such u..~s
Collier County 2-211 October $0. 1991
Land Developmem Code
must comply with the provisions of Div. 3.3, Site Developn~nt Plan approval, as applicable, and all
other zoning requirements.
2.7.4.10 Chartnes and Amendments. The Development Services'Director may approve minor changes in the
location, siting, or height of buildings, structures, and improv~mcntn authorized by the conditional
U.~.,.
Additional usea or expansion of permitted uses not shown on the conceptual Site Development Plan
or otherwise specifically provided for in the conditional use application shall require submissio, n.
review and approval of a new conditional use application.
SEC. 2.7.5 YAIRIANCE PROCEDURES.
2.7.5.1 Puroose. In specific canes, variance from the terms of this Zoning Code as will not be contrary to
the public interest where, owing to special conditions peculiar to the property, a literal enforcement
of the Zoning Code would result in unnecessary and undue hardship. A variance from the terms of
this Zoning Code may be granted based on the requirements of this Section.
2.7.5.2 Procedure.
2.7.5.3 ~/rillen Petition. A written petition for a variance shall he submitted by the applicant to the
Developmeat Services Director.
2.7.5.4 Notice of P1annlnn CommL~ion Public Hearln~. Notice of public hearing before the Collier County
Planning Commission is given at least fifteen (15) days in advance of the public hearing. The owner
of the property for which variance is sought, or his agent or attorney designated by him on his
petition, shall be notified by mail. Notice of t~e public hearing shall be prominently posted on the
property for which the variance is sought. Notice of the public hearing shall be advertised in a
newspaper of general circulation in the County at least one time fifteen (15) days prior to the hearing.
Notice of the time and place of the public hearing before the Collier County Planning Conunission
shall be sent at least fi[teen (15) days in advance of the hearing by mail to all owners of proper~y
within three hundred (300) feet of the property linea of the land for which a variahce is sought.
2.7.5.5 Plannin~ Commission Public H~fi~n. The public hearing shall be held by the Collier Coumy.
Planning Commission. Any party may appear in person, by agent or attorney, or may submit written
comments to the Development Services Director.
2,7.5.6 ~ndiru~. Before any variance shall be recommended for approval Io the Board of Zoning Appeals,
the Collier County Planning Commission shall consider and be guided by the following standards in
making a determination:
!. Are there special conditions and circumstances existing which are peculiar to the location,
size and characteristics of the land, structure, or building involved and which are not
applicable to the same degree or extent to the lands, structure, or buildings in the Nme
zoning district?
Collier County 2-212 October JO. 1991
Laruf Development Ctnle
~l~on 2. 7 ~mln~ Admtn~tra#on a~d Pr~edur~
2. Am ther~ special conditions and circumstances which do not rea~lt from tho action of the
applicant7
3. Will a literal interpretation of th~ provisions of this Land Development Regulations deprive
the applicant of rights ~y enjoyed by other properties in the same zoning district
under the terms of this Land Development Regulations and work unnecessary and undue
hardship on the applicant7
4, Will the variance, if grsnted,'be the minimum variance that will make possible the reasonable
use of the land, building or structure?
5. Will granting the variance request~ confer on the petitioner any special privilege that is
denied by these zoning regulations to other lands, buildings, or structures in the same zoning
district7
6. Will granting the variance be in harmony with the intent and purpose of this Zoning Code,
and not be injurious to th~ neighbod~:od, or otherwise detrimental to the public welfare?
7. Will granting the variance be consistent with the Growth Management Plan?
2.7.5.7 Conditions and Safesruards. In recommending approval of any variance, the Collier County Planning
Commission may recommend appropriate conditions and safeguards in conformity with the Zoning
Code, including, but not limited to, reasonable time limits within which the action for which variance
is required shall be begun or completed, or both. Violation of such conditions and safeguards, when
made a part of the terms under which the variance is granted, shall be deemed a violation of this
Zoning Code.
· 2.7.5.8 ]~econunendation of Denial. if the Collier County Planning Commission recommends denial of a
variance, it shall state' fully in its record its reason for doing so. Such reasons shall take into account
the factors stated in Sec. 2.7.5.6, or such of them as may be applicable to the action of denial and
the particular regulations relating to the specific variance requested if any.
2.7.5.9 ~;tatus of' Plannimt Commi~slon Re~ort and Ret-ommendations. Th~ report and recordation
of the Collier County Planning Commission required above shall be advisory only and shall not be
binding upon the Board of Zoning Appeals.
2.7.5. I0 Notice of Board of Zonin~ Ao_oeals Public llearin~. Upon completion of the Public Hearing before
the Collier County Planning Commission, notice of Public Hearing shall be given at leszt fifteen (15)
days in advance of the Public Hearing for the Board of Zoning Appeals. The owner of the 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 Public Hearing shall be advertised in a newspaper of general circulation
in the County at least one time fifteen (15) days prior to the hearing.
2.7.5. I i Board of Zonin~ A_o_~eals Public Ilenrinf. The public hearing shall be held by the Board of Zoning
Appeals. Any party may appear in per,on by agent or attorney, or may submit written coramenta to
the Board of Zoning Appeals.
Coll~tr Cour~ 2-215 October $0, 1991
2.7.5.~ ~ard of ~ni~ AD.Is A~ion. U~ ~id~ti~ of~e Pl~ing ~i~'s ~, findings
2.7.5.6, t~ ~ of ~ing A~Is s~ll a~e, by ~lution, or d~y a ~tition for a vad~.
2.7.5.13 ~onditiom and Saf~r~. In g~ting ~y va~, ~he Board of ~ing Aphis ~y pr~
a~da~ ~nditi~ ~d ~fe~ ~ ~fo~ty ~ ~is ~ning C~e, including, but not li~
~, ~nable ti~ li~ ~in ~ich ~tion for ~ch va~ is ~ui~ ~all ~ ~n or
~mpl~, or ~. Violati~ of ~h ~diti~ ~d ~fe~r~, when ~e a pa~ of ~e ~ und~
w~ch ~e vad~ is g~, ~1 ~ dm~ a violation of this ~ning C~e.
2.7.5.14 Limita~om on ~ to G~t V~a~. Under no ci~u~ s~ll ~e Boa~ of ~g
A~ls ~t a vad~ ~ ~t a ~ n~ ~t~ und~ ~e te~ of t~S ~g ~e ~ ~e
~ning di~dct ~volv~, ~ ~y ~ exp~ly ~ by impli~li~ prohibitS, by the ~ of Ih~
re~lati~ in ~e ~id ~ning dist~ct.
~C. 2.7.6 B~.D~G ~RM~ ~ CERTI~CA~ OF OCC~ANCY COM~IANCE ~OC~S.
debug wh~ a~li~ti~ for ~ild~g ~, ~ ~ui~ by ~e ~lli~ ~nty Bui~g'
~e, am m ~ ~ ~e ~im~ of ~is ~g ~z ~d ~e ~d D~elop~t ~e, ~d
no build~g ~t s~ll ~ i~ ~t ~t~ a~al ~t pl~ mb~t~ ~nfo~ m appli~blz
~ng ~lati~, ~d o&~ I~d d~ei~t m~lati~. No build~g or ~mcmm s~ll~ e~,
~v~, ~ ~, or ~ ~out a ~t, ~ ~ui~ by ~e ~llier Cowry Build~g ~e ~d
~ bulldog ~t appli~ti~ ~11 ~ a~ by &o Develop~t S~i~ Di~mr for ~
er~tion, ~v~g,' ~diti~ ~, or al~mti~ of ~y bulldog or ~mcmm ex,pt in ~nfo~ty ~ ~e
pmvisio~ of ~is ~ning ~e ~d &e ~d D~elop~t C~o unl~ ho s~ll ~ive a ~ttm
order from ~ B~ of ~ing Aphis in &z fo~ of ~ ~stmtivz mvi~ of ~e ~m~tion
or va~ u pmvid~ by ~s ~z or ~I~ he shall ~iw a w~t~ order from a ~u~ or
tdb~l or ~m~t jud~icti~.
2. A~li~tion for Buildi~ ~it. ~! appli~ti~ for ~ilding ~ s~ll, ~ ~dition to
~n~g ~e info~tion ~ui~ by ~z Building O~cial, ~ ~mp~i~ by plot ~d ~tmction
plus d~ m ~le; shag ~z ~! ~ ~d di~i~ of ~z lot to ~ built u~n; ~e si~
~d I~ti~ ~ thz lot of buildings al~y existing, if ~y; the si~ ~d I~tio~ on thz lot of the
build~g or bulldogs to ~ ~t~ or alte~; ~e existing ~ of ~h building or bulldogs er pa~
the~f; ~e nummi'of fa~li~ ~e bulldog is d~i~ to ~~te; thz I~ation ~d numar of
r~ui~ off-st~t paring ~d off~t~t l~ing ~; appmxi~te l~tion of t~ pmt~t~ by.
~unty m~lations; ~d ~ch o~ info~tion ~th ~ga~ to the lot ~d existing/pm~ stmcm~
~ ~y ~ n~ to dete~ne ~mpli~ ~th ~d provide for the mfo~ment of ~is ~d
Develop~t ~e. ~ ~e ~ of appli~tion for a ~ilding ~t on pro~y ~jacent to the Gulf
of Mexi~, a m~ey, ~ifi~ by a l~d m~eyor or engin~r li~ in the S~te of Flo~, ~d not
older ~ ~y (30) ~ys s~ll ~ ~b~tt~. If them is a sto~ evmt or active erosion on a ~ific
pa~l of I~d for which a building ~t is ~t~, which ~z Develop~nt Se~ic~ Di~tor
dete~n~ ~y aff~t ~e d~ity of the p~y, a ~m ~nt m~ey'~y ~ ~uir~. ~em
o~emhip or pm~ lin~ am in doubt, the Develop~nt Se~i~ Dir~tor ~y ~ui~ the
~b~ion of a m~ey, ~ifi~ by a I~d m~eyor or engin~r li~n~ in the S~te of FIo~.
Pm~y s~ s~ll ~ in pl~ at the ~n~nt of ~nstmction.
Collier Courw] 2-214j~ October JO, 19~1
3. Construction and Use to be u Provided in Avnlicatiom: Status of Permit Issued in Error.
Building permits or certificates of occupancy issued on the basis of plans and specifications approved
by the Developn'~nt Services Director authoriz~ only the u~, arrangement, and construction set forth
in such approved plans and applications, and no other use, arrangen'~nt, or construction. Use,
arrangement, or construction different from that authorized shall be deemed a violation of this Land
Development Code.
a. Statements made by the applicant on the building permit application shall be deemed
official ststen~nts. Approval of the application by the Development Services
· Director shall, in no way, exempt the applicant from strict observance of applicable
provisions of this Land Development Code and all other applicable regulations,
ordinances, code~, and laws.
b. A building permit issued in error shall not confer any rights or privileges to the
applicant to pr~___e~_ to or continue with construction, and the County shall have the
power to revoke such permit until said error is corrected.
4. ~deouate Publle Facilities R _emtired. No building permit or certificam of occ~p~cy shall bo
issued except in accordance with the Collier County. Adequate Public Facilities Ordinance, Ord. No.
90-24 (Div. 3.15 of this Code) and Rule 9J-5.0055, F.A.C.
5. lmoroveme~t of Pro0ertv Prohibited Prior to Issuance of Buildirm Permit. No site wo~k,
grading, improvement of property or construction of any type may be commenced prior to the
is.~xnce of a building permit where the development proposed requires a building permit under tl~s
Land Development Code or other applicable County regulations.
SEC. 2.7.7 AFFORDABLE HOUSING DENSITY BONUS.
2.7.7.1 General Provisions.
2.7.7.1.1 Title nnd Citation. This Sec. 2.7.7 sl~all be known and may be cited as the 'Collier County
.. Affordable Housing Density Bonus Regulations."
2.7.7.1.2 ~.~thoritv. The Board of County Commissioners of Collier County las the authority to adopt this'
Code pursuant to Art. VIII, Sec. I(0, Fla. Const., Sec. 125.01 ~ t~., Fla. Stat., Sec. 163.3161 ~
see., Fla. Stat., Rule 95-5, F.A.C., the Collier County Growth Management Plan; the Stipulated
Settlement ^greement in DOAH Case No. 89-1299 GM, and each of the authorities, findings,
conclusions and provisions set forth or referenced in this Section.
2.7.7.1.3 Auollcabilltv. This Section shall apply to all development in the total unincorporated area of Collier
County.
2.7.7.1.4 Purpose nnd Intent. Sec. 2.7.7 is intended to implement and be consistent with the Collier County
Growth Management Plan, Sec. 163.3161 e~. seq., Fla. Stat., Rule 95-5, F.A.C., and the Stipulated
Settlement Agreement in DOAH ~ No. 89-1299 GM, by providing for moderate, Iow and very
Iow income housing through the use of density bonuses which allow an increase in the number of
residential dwelling units per acre allowed on property proposed for development, thereby decreasing
Collier County 2-215 . October $0. 1991
the per unit cost of land and development.
This objective is accomplished by implementing an Affordable Housing Density Bonus Program which
consists of an Affordable Housing D .ensity Bonus Rating System and an Affordable Housing Density
Bonus Monitoring Program. 'The purpose of the Affordable Housing Density Bonus Rating System
is to provide increased residential densities to developers who guarantee that a porticnl, of their housing
developn~nt will be affordable by households of moderate, low or very low income; thus expanding
housing opportunities for moderate, Iow and very Iow income households throughout the
unincorporated County. The purpose of the Affordable Housing Density Bonus Monito~ng Program
is to provide assurance that the program is properly implemented, monitored, and enforced, and that
useful information on affordable housing may be collected.
2.7.7.1.5 Minimum Reouirement. The provisions of Sec. 2.7.7 in their interpretation and ai~lication are
declared to be the minimum requirements necessary to accomplish the stated intent, purposes, and
objectives of this Section.
2.7.7.2 Affordable llousin~ Density Bonus Pro,ram.
2.7.7.2.1 Overview~ Within the Urban Designated Areaa identified on the Future Land Use Map o~the Growth
Management Plan, n base density of'four (4) residential dwelling units per gross acm is .l~'mitted.
However, the base density may be adjusted depending on the characteristics of th& developo~ent. One
characteristic of a housing development which would allow the addition of density bonuses in order
to increase the density over the base density is the provision of affordable housing in the development.
The provision of affordable housing units may add up to eight (8) dwelling units per gross acre to the
base density of four (4) residential dwelling units per gross acre, for a total of twelve'(12) residential
dwelling units per gross acre, plus any other density bonuses available, and minus any density
reduction for traffic congestion or coastal management are~ required, pursuant to the Growth
Management Plan, not to exceed a total of sixteen (16) dwelling units per gross tore.
2.7.7.2.2 General Reouirement. In order to qualify for the affordable housing density bonus for'a
development, the developer must apply for and obtain the affordable housing density bonus from the
County for a development in ~ccordance with this Section, especially in accordance with the
provisions of the Affordable Housing Density Bonus ("AHDB') Program, including the Affordable
Housing Density Bonus ('AHDB') Rating System, the Affordable Housing Density l~lonus ('AHDB")
Monitoring Program, and the limitations on the AHDB.
2.7.7.2.3 Prea0olication Conference. Prior to submitting an application for affordable housing density bonus,
a prcapplication conference may be scheduled with the Development Services Director. If the
proposed development is to include affordable housing, the Housing and Urban Improvement Director
shall participate in the preapplicstion conference. The preapplication conference provides an
opportunity to familiarize the applicant with the affordable housing density bonus program and
providea an opportunity for the County staff to obtain a' clear understanding of the proposed
development. The affordable housing density bonus rating system, the affordable housing density
bonus monitoring program, the limitations, criteria, procedures, standard conditions, standard forms,
and other information will be discussed and made available to the applicant. Depending on the type
of development proposed, the application may take the form of, or be combined with; an application
Collier County 2-216 October $0. 1991
,.,, o,,.,,o,.,,.,,, 3' 1
fo~ ~ pla,mod unit d,:velopmeut, ~ rezone, or ~m after.bio housing d~i~
a~t.
2.7.7.2.4 ~. ~'~li~i~ f~ afl--lo ~g d~i~ ~ for
~b~t~ m &o D~el~l ~ Dior ~ ~e fo~ ~blish~ by tho D~clop~t ~i~
Di~. ~ (1) ~ifi~ ~ of ~ ~limim ~ o~ ~ui~ s~l ~ ~id~ f~ tho
Ho~g ~d U~ l~e~l Di~r. ~e sppli~ti~ ~1, at a ~imum, incl~e:
1. ~g di~6c~ p~ by ~e a~li~t, if my, on ~e pm~ ~d ~ge of ~h;
2. ~e to~ num~ of ~i~ti~ ~ll~g ~ in ~ p~ d~el~t, ~go6~ by
num~ of ~~ ~ ~ ~ ~t is ~ ~ ~ or ~~pi~;
3. ~e real num~ of AHDB ~a ~~, ~tego~ by num~ of
4. Toal num~ of aff~bln h~ing ~ ~ in ~ d~el~t ~go~ by I~el
of i~, num~ of ~~, ~d ~ai ~i~ ~d ~~upi~ ~i~:
~).
b. ~ in~ h~ol~ (~e ~m, ~o ~~, or th~ ~~ or ~).
~).
d. To~ affO~blo h~g ~a (mo ~m, ~o ~~, or ~ ~~ or
~).
5. G~ d~ity of ~e p~
6. ~e&er ~ sffo~blo h~g d~i~ ~ is ~u~t~ ~ ~njunction wi& ~ appli~tion
'. for a pl~ ~it d~el~t ~UD), ~ appli~tion for ~ning, or ~ affor~ble hp~ing
de~ity ~n~ developer ag~t;
7. ~y o~ ~fo~ion w~ch ~ld ~bly ~ n~ to ~d~ ~e ~u~ for
affo~blo ho~g d~i~ ~ for ~ ~elop~t pu~t to ~ ~ui~n~ ~t fo~
~ ~s ~tion.
2.7.7.2.5 ~i~tion of C~UI~. A~ ~ipt of~ appli~tion for affor~ble ho~g de~ity ~n~,
· o Ho~g ~d U~ Impmve~t Di~tor ~11 dete~ne whether the appli~ti~ mb~tt~
~mpl~. If ho d~e~n~ ~t ~ appli~ti~ is not complete, the Ho~ing ~d Urb~ Improve~t
Di~tor s~ll noti~ ~e appli~t ~ ~t~g of ~ deficimci~. ~e Ho~ing ~d Urb~ lmprove~
Di~tor shall ~e no ~er st~ m p~ ~e appli~tion until the deficienci~ ~ve
~er ~ 2-217 ~tober JO, !~1
2.7.7.2.6 R~Jew and Recommendation by the Houslrm and Urban Imorovement Director. After receipt
of a completed application for affordable housing density bonus, the Housing and Urban Improvement
Din~ctor shall review and evaluate the application in light of the affordable housing density bonus
rating system, the affordable bousing density bonus monitoring program and the requirements of this
division, and, if applicable, shall coordinate a r~zone with the Development Services Director, and
shall recommend to the Planning Commission and the Board of County Commissioners to deny, grant,
or grant with conditions, the application. The recommendation of the Housing and Urban
Improven~nt Director shall include a re~ort in support of his recommendation.
2.7.7.2.7 il;e~iew and Recommendation by the Hannlr~ Commi~ion. Upon receipt by the Planning
Commission of the application for'affordable housing den,nity bonus and the written reqg,, mmendation
and report of the Housing and Urt~.n Improvement Director, the Planning Commission shall schedule
and hold a properly adveaised and duly noticed public hearing on the application. If the .application
has been submitted in conjunction with an application for a planned unit development (.PUD), then
tho hearing shall be consolidated and made a part of the public hearing on the application for the
plataned unit development beforu the Planning Commission, and the Planning Cormnission shall
consider the application for affordable housing density bonus in conjunction with the ai~plication for
the planned unit development (PUD). If the application has been submitted in conjunction with an
application for a rezoning, then the hearing shall he consolidated and made a par~ of the public
hearing on the application for rezoning before the Planning Commission~ and th~ 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 planned unit development (PUD) or an
application for r~zoning, then the application for affordable housing density bonus shall nonetheless
be treated as a rezoning on the property and shall comply with the requirements for a r~zoning as well
aa the requirements of this Section. Afttr the close of the public hearing, the Planning Commission
shall r~view and evaluate the application in light of the requirements of this division and the
requirements for a rezoning, and shall recommend to tho Board of County Commissioners that the
application be de~ied, granted or granted with conditions. However, in the event that the application
for affordable housing density bonus does not change the densities or intensities of use or the zoning
on the property and.does not require a rezoning or planned unit development application (i.e., an
application to maintain the existing zoning on tho proi~rty in the face of a downzg, ning through the
Zoning Reevaluation Program), then the application for affordable housing density bonus shall comply
with the requireme~ts for development agr~rnents under the Collier County Development Agreement
Ordinance as well as the requiremeuts of this Section, in lieu of compliance with the rezonihg-
requirement referenced in this section.
2.7.7.2.8 ]~eview and Determination by Board of County Commissioners. Upon receipt by the Board of
County Commissioners of the application for affordable housing density bonus and the written
recommendation and report of the Housing and Urban Improvement Director and recommendation
of the Platming Commission, the Board of County Commissi.oners shall schedule and hold a properly
advertised and duly notic~ public hearing on the application. If the application has been submitted
in conjunction with an application for a plarmed unit development (PUD), then the hearing shall be
consolidated and made a part of the public hearing on the application for the planned unit development
(PUD) before the Board of County Commissioners, and the Board of County Commissioners shall
consider the application for affordable housing d~nsity bonus in conjunction with the' application for
the planned unit development (PUD). If the application has been submitted in conjunction with an
Collier County 2.21S ~,~ October JO, 1991
ffi 04'9 323
~' DfgiM(m 2. 7 Z~ntnt ddmlnL~travlon and
~g ~ ~z appli~ti~ for ~ng ~f~ ~z ~ of ~unty ~ion~, ~d ~e B~
of ~ty ~i~e~ s~ll ~id~ ~ a~li~ti~ for affor~blo ho~ing d~ity ~ in
~nj~ction ~ ~e appli~ti~ f~ ~g. ~ ~z ~mt ~t ~e appli~tion for affo~ble ho~g
d~ity ~n~ h~'not ~ ~b~t~ ~ ~juncti~ wi~ ~ application for pl~ unit d~elop~nt
(PUD) or ~ appli~tion for g~ing, ~ ~ appli~tion for affo~ble ho~ing d~ity ~ s~li
non~el~ ~ t~ ~ a ~g ~ ~e p~y ~d shall comply ~ ~e ~ui~ for a
~ng m well m ~e ~ui~M of ~s ~ti~. A~r ~o cl~ of tho public h~ng, ~e Board
of ~unty ~~ion~ s~ll ~ md ~alm~ ~o application in light of ~e ~uim~ of
division ~d ~e ~ui~m f~ a ~g, md s~l d~y, g~t, or g~t with ~ditio~,
appli~tion in ~r~ wi~ ~o affo~ble h~ing d~ity ~nus ~ting system ~d the affor~ble
homing d~ity ~m ~ito~g pmg~m. H~, if~e appli~tion for affor~ble ho~ing d~si~
~n~ d~ not c~ge the d~iti~ or ~iti~ of ~ or ~e ~ning on ~e p~ay md d~ not
~uire a ~mning ~ pl~ ~it d~l~t a~li~tion, th~ the appli~tion for affor~ble homing
density ~n~ s~ll ~mply ~th ~e ~uim~n~ for develop~nt agrm~n~ under the Collier
Cowry D~clop~t Agent Ordin~ce ~ ~11 ~ the ~ui~n~ of this division, in lieu of
~mpli~ wi~ ~e ~g ~ui~ ~f~ in ~is ~tion.
2.7.7~ fiffor~ble Ho~ ~itv ~nm ~ti~
~ affo~blo homing d~ity ~ ~g ~mm ~li ~ ~ to de~no th~ am~t of
affo~ble ho~g ~ity ~n~ wMch ~y ~ ~ for a d~elopmnt b~ on ho~hold
level, num~ of ~m ~ affo~bl~ h~Mg ~t, ~ of affor~bl~ ho~Mg ~ (~-
~upi~ ~ ~, sMgle-f~ly or mlti-f~iy) md ~g~ of affo~blo ho~ing ~
developer. To m ~ affo~blo h~Mg d~ ~nm nting sy~em, %bl~ A ~d B, ~l~,
~11 ~ ~. %bl~ A ~d B ~11 ~ ~i~ ~d u~t~ ifn~ on ~ ~! b~is by
Fi~t, ch~ ~o ho~hold M~ l~el (~, I~, or v~ Iow) of tho affo~bl~ ho~Mg
~t(s) pm~ ~ ~ d~velop~t, ~d ~o t~ of affor~blo homMg ~ (o~¢r~upi~ or
refe~ng ag~ ~ %bio A, ~h~ ~ numar of ~~ pm~ for ~ affo~bl~ ho~g
~t(s). ~ affo~bl$ ho~Mg d~ity ~ mtMg b~ on ~ homhold in~m lewl
numar of ~~ ?s ~ ~ Table A.
After the affor~bl~ being d~ity ~u~ ~tMg ~ ~n de~n~ M Table A, i~t~ it M' Table
B, ~d de~o tho ~nt of t~t ty~ of affo~blo ho~Mg uMt pro~ in tho d~velop~t '
~mpa~ to tho to~l numar of dwellMg ~i~ ~ ~ d~v~lop~nt. From ~s dete~tion, Table
B ~11 indi~to ~o ~imum num~ of ~id~tial dwelling units ~r gro~ acm ~at ~y ~ ~d~
to tho b~ de~ity. ~ '~ditional ~id~tial dwelling uni~ ~r gm~ acre sro tho ~imum
affor~blo ho~ing demsity ~n~ (AHDB) availablo to ~t development. Developmen~ wi~
~n~g~ of affor~bl~ ho~g ~ w~ich fall M ~n th~ ~g~ sho~ on %ble B shall
~ivo ~ affo~blo ho~ing d~ity ~n~ ~1 ~o l~r of tho ~o ~enmg~ it li~
pl~ 1/I~ of a ~id~tial dwellMg ~it ~r g~ ~m for ~h ~ditional ~n~go of affo~bl~
ho~ing ~1 ~ in ~ d~¢lop~t. For ~xamplo,' a dewlop~nt which h~ 24% of i~ to~l
midentiai dwelling ~i~ ~ affo~blo ho~ing ~i~, ~d which ~ ~ affoMabl~ ho~ing de~ity
~n~ ~ting of 'four' ~11 ~iv~ ~ affo~blo h~ing de~ity ~n~ (AHDB) of 4.4 ~id~tial
Collier County 2.219 ,~, October JO. 1991
Dtv~om 2. ? ~ontnt Admlnl;tra#oa ond Pro~tdur~
drilling traits pe~ gross ~re fc~ the development.
Where mo~e ~ o~e type of affon~ble housing unit ~ ~ I~el of in~o~ ~d num~ of
~~ ~ ~ Table ~) is ~ f~ a ~el~t, ~e affor~Dle ho~ing d~ity ~n~ for
~h t~ ~! ~ ~l~la~ ~ly ~ Table B. ~ ~z affor~blz h~ing d~i~ ~
~l~lati~ for ~h ~ of afl--lo h~g ~t ~vz ~ ~mplet~ in Tabl~B, ~o affo~blo
ho~Mg ~ity ~n~ f~ ~h ~ of ~t ~ll ~ ~d~ m th~ for ~o o~ ~) ~ ~e
· e ~imm affo~blz ~ing d~i~ ~n~ availablo for ~o d~elop~t. In no ~ent s~l ~e
affo~ble ho~g demi~ ~ ex~ ~ght (8) ~elling ~ ~ gr~ ~. ~
Collier Cmmty ~11~ ] ~2~0~ ~.,~.~ October $0, 19~1
~ Develol,~ent
TABLE A: AFFORDABLE HOUSING DENSITY BONUS RATING
LEVEL NUMBER OF BEDROOMS/UN[,T
OF HOUSEHOLD
INCOME EFFICIENCY 2 3 OR
AND ! MORI~
MODERATE (ONLY OWNER-OCCUPIED, 0 1' !*
SINGLE-FAMILY)
LOW (OWNER-OCCUPIED OR RENTAL, 2 3 4
SINGLE-FAMILY OR MULTI-
FAMIL~O
FAMILY OR MULTI-
FAMtL~O
* For cjuster housing developments in the Urban Coastal Fringe, add ! density bonus to obtain 2.
TABLE B: AFFORDABLE HOUSING DENSITY BONUS'
(ADDITIONAL AVAILABLE DWELLING UNITS PER GROSS ACRE)
AFFORDABLE HOUSING % OF AFFORDABLE HOUSING UNITS
DENSITY BONUS RATING
1.q.,f 20~ 3o~ 40~
I °'0 0 ! 2
2 0 i 2 3
3 2 3 4 5
4 3 4 $ 7
5 4 5 7 8
2.7.7.4 Limitations on Affordable Housirm Density Bonus.
Anything to the contrary notwithstanding, the following limitations and conditions shall apply to all
of the affordable housing density bonus for a developn~nt:
Collier County 2-221 October .lO. 1991
2.7.7.4.1 Affordable Housinn Dem|tv Bonus Develomnent As~reernent Reouired. The affordable housing
density bonus shall be available to a development only in an affordable housing density bonus
development agreement has been entered into by the developer/applicant and the Board of County
Commissioners, and such agreement has been approved by the County Attorney, and the Bo~rd of
County Commissioners pursuant to the public hearing process established in this division prior to
execution. Amendments to such agreement shall be processed in the same manner as the original
agreement. The affordable housing density bonus development agreement shall include, at a minimum,
the following provisions:
1. Legal d~cription of the land subject to the agreement and the names of its legal and
equitable owners.
2. Total number of residential dwelling units in the development.
3. Minimum number of affordable housing units, categorized by level of household income,
type of unit (single-family or multi-family, owner-occupied or rental), and number of
bedrooms, required in the development.
4. Maximum number of affordable housing density bonus dwelling units permitted in the
development.
5. Gross residential density of the development.
6. Amount of monthly rent for rental units or the price and conditions under which an owner
occupied units will be sold for each type of affordable housing unit in accordance with the
definition for each type of affordable housing rental Unit (moderate, low, and very low).
?. The foregoing notwithstanding, any rent chuged for tn affordable housing unit rented to a
Iow or very Iow income family shall not exceed 90 % .of the rent charged for a comparable
msrket rate dwelling in the same or similar development. Comparable market rate means the
rental amount charged for the last market rate dwelling unit of comparable square footage,
amenities, and number of bedrooms, to be rented in the same development.
..
8. No affordable housing unit in the development shall be rented to a tenant whose household ·
income has not been verified and certified in accordance with this division u moderate, Iow,
or very low income family. Such verification and certification shall be the responsibility of
the developer and shall be submitted to the Housing and Urban Improvement Director for
approv, al. Tenant income verification and certification shall be repeated annually to usure
continued eligibility.
9. No affordable housing unit that is to be sold, leased with option to purchase, or otherwise
· conveyed in the development shall be sold, leased with option to purchase, or otherwise
conveyed to a buyer whose household income hu not been verified and certified in
~gcordance with this division u moderate, Iow, or very Iow income family. Such verification
and certification shall be the responsibility of the developer and shall be submitted to the
Collier County 2-222 . October JO, 1991
1.and Development Code
Housing. and Urban Improvement Director for approval. It is the intent of this division to
keep housing affordable; 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 ~alcs price in excess of 5 · per year of his
original purchase price that he will pay to the County an amount equal to one-half (1/2) of
the sales price in excess of 5 % increase, per year. The lien instrument may be subordinated
to · qualifying firg mortgage.
For examplo, a Per~on orig~mlly bu~ a d~ignated affordable housing unit (· hou.~) for
$60,000 and sells it aRer 5 year~ for $80,000. A 5~ incrt~s~ p~ year for 5 year~ will give
a valu~ of $76,577. I~ducting this amount lmm tho ~ales price of $$0,000 give~ a differenc~
of $3,423. The seller would then ~ the County $1,711.50 (1/2 of $3,423). P·~-at of
this amount would r~l~.s~ the firg owner from tho recorded lien against tho property. Such
payn~nt shall be maintsined in a segregated fund, ost~blished by tho County ~ol¢ly for
affordablo housing pu ,ri~m~, and such money shall be used ~olely to enc. oun~ge, provido for,
or promoto affordablo bousing ia Collier Count)'.
10. No affordablo housing unit in any building or ~tructum in tho devolopment shall be occupied
by tho doveloper, ~ay ~ r~lated to or affiliated with the d~voloper, or · r~ident
I~nager.
I 1. Whoa tho d~voloper ~dvorti~, r~ts, ~lls or rnaintsina tho affordable housing trait, it must
· dvortim, rent, sell, ~ad m~int~in the ~ in a aon-di~:fimim~tory mtrm~r and make
ay·il·bio any r~l~ant information to any ~ who ia inter, ted in renting or purchasing
s~ch affordable housing unit. Tho d~veloper ~all agr~ to bo rt~ogsible for payaient of any
r~i e~tat~ commi~iogs and f~. ~ affordable housing uni~ 'in the devolopment ~I1 be
identified on all building plans submitted to tho County and d~scfibed ia tho application for
affordablo ho~ing d~usity bongs.
12. The d~velop~r ~hall not diglo~ to per~ogs, other th~m the potential ten,mt, buyer or lender
of the patlicul~r afford~blo bou~ing unit or un/ts, which units in th~ development am
de. ignited ~ affordablo housing units.
13. Tho ~quar~ foo~ge, c. omtn~:tion and d~ign of the affordablo housing units shall be tho s-mo
~ marke.~ n~to d~lling units in tho d~olopraent.
14. Tho ·ffordablo housing density bonu~ agr~ment and authorized development shall be
consistent with'tho Grov~ Mm~goment Plan and I~ad development r~gulatiogs of Collier
County that ar~ in effect at tho time of d~v¢lopment. Subsequently ~opted laws and poli¢i~
shall apply to tho aft'ord~blo housing density bongs agn:ement and tho development to tho
ex~nt that thoy ara not in conflict with the number, typ~ of affordablo housing units and the
amount of affordablo housing den.,ity bongs approved for tho d~velopment.
15. Tho ·ffordable housing units ~mll be intermixed with, and not segregated from, the market
rat~ dwelling units in tho development.
I
C.~/ll~r C~my ~'~$ 0c~¢~ $0./99/
Land Dtv~lopment Code
16. The conditions COntained in the affordable housing density bonus development .greement
~hall constimt~ covensats, r~trictions, sad conditions which shall ~n with tho isad sad ~hali
bo binding upon the.property and every person having any interest therein at anytimz and
from timz to time.
17. The affordable hbusing density bonus development agreement shall bo record~l in the official
records of Colli~ County, Florid,, sub~mt to tho recordation of the ir'ant d~-,~d pursuant
to which the developer scquire~ fee simple title to the property.
18. F.~.h affordable housing unit shall bo restricted to rennin and bo m~intained u the type of
afford~sble housing ren~ unit (moderns, iow or very Iow income) desigmsted ia ~ccord~ce
with the affordable housing density bonus development agreement for at least fifteen (15)
yesrs from the isat~nc~ of a Certificate of Occupsacy for such unit. .,
19. Tho developer and owner of the development shall provide on-site numagemcnt to assure
appropriate security, n~in~asac~ and appe.~nmce of the development sad the dwelling units....
wher~ flae~ iuues ~xa a factor.
2.7.7.4.2 Compliance With Growth Mana~ ement Plan and Land Develom'nent R~ulatlons. The affordsble
housing density bonus shall be available to a development only to the examt that it othetwis~ complies
and is consistent with tl~ Growth Msa~gement ~ md flw Lsad Development Regulations, including
tho procedures, reRuirements, conditions sad crit~ia for Pl~xmed Unit Developments (PUD's) sad
rezonings, where ~plic.~ble.
2.7.7.4.3 Minimum Number of Affordable Housirm Units. The minimum number of affordable housing units
that shall be provided in a development pursmmt to this division shall be ten (10) affordable housing
2.7.7.4.4 -I~. The affordable housing density bonus is not transferrable between developments
or properties.
2.7.7.4.S Ptmsi~. la the ~ where a development will occur in more th,tn one phase, the percentage of
affordable housing ~4nits to which the developer has commitl'ed for the total development shall
m~intained in ezch phase sad shall be constructed zs part of esch phase of the development on the
property. For example, if the total development's AHDB is b~use, d on the provision of ten perceht ·
(10 %) of the total dwelling units u affor~ble housing rental units for low income households with
2 bedrooms per unit, then esch phase must maintain that same percentage (10% in this case)
cumulatively.
2.7.7.5 Affordable Housi~ Demitv Beam Monitorin~ Pro, ram.
2.7.7.5.1 Annual Proeress and Monitorirm R _c,'~ort. The affordable housing density bonus for a development
shall bo subject to the affordable housing density bonus monitoring program set forth in this section.
The developer shall provide tho Housing and Urtmn Improvement Director with zn m~nual progress
and monitoring red~rt regarding the delivery of affordable housing rental units throughout the period
of their construction, rental and occupancy for each of the developer's development~ which involve
the AHDB in a form developed by the Housing sad Urban Improvement Director. The annual
~lller Coun~ 2-224~ October JO. !~i
progress and monitoring report shall, at a minimum, r~luim any information reasonably helpful to
insure compliance with this division and provide information with regard to affordable housing in
Collier County. To the extent feasible, the Housing and Urban Improvement Director shall maintain
public records of all dwelling units (Al-IDB and affordable housing units) constructed pursuant to the
affordable housing density bonus program, all affordable housing units constructed pursuant to the
AHDB program, occupancy statistics of such dwelling uni.ts, complaints of violations of this division
which am alleged to have occurred, the disposition of all such complaints, a list of tho~ persons, who
have paaicipated as t~nts or buyers in the affordable housing density bonus program, and such other
records and information as the Housing and Urban Improvement Director believes may be necezaary
or desirable to monitor the success of the affordable housing deasity bonus program and the degree
of compliance therewith. Failur~ to c. omplet~ and submit the monitoring report to the Housing and
Urban Improvement Director within sixty (60) days from the due date will re. sult in a penalty of up
to fifty dollars ($50.00) per day per incident or occurrence unless a written extension not to exceed
thirty (30) days is requested prior to expiration of the sixty (60) day submission deadline.
2.7,7.5.2 Income Verification and Certification.
I. ~. The determination of eligibility of moderate, low, and very low incomo families
to rent or buy and occupy affordablo housing units is the central component of the AHDB
monitoring program. Family i~ ..-'~ eligibility is a three-step process: 1) submittal of an
application by a buyer or tenant; 2) verification of family income; and 3} execution of an
income certification. All three shall be accomplished prior to a buyer or tenant being
qualified as an eligible family to rent or purchase and occupy an affordable housing unit
pursuant to the affordable housing density bonus program. No person shall Occupy an
affordable housing unit provided under the affordable housing density bonus program prior
to being qualified at the appropriate level of income (moderate, iow or very Iow income).
The developer shall be responsible for accepting applications from buyers or tenants,
verifying incom~ and obtaining tho incom~ certification for its development which involves
AHDB, a~d all forms and documentation mu,st b~ provided to the Housing and Urban
Improvement Director prior to qualification of the buyer or tenant as a moderate, low or
very Iow income family. The Housing and Urban Improvement Director shall review all
.. documentation provided, and may verify the information provided from time to time. Prior
to occupancy by a qualified buyer or tenant, the developer shall provide to the Housing and
Urban Improvement Director, at a minimum, the application for affordable housing'
qualification, including th~ income verification form and the income certification form, and
the purchase contract, lease, or rental agreement for that qualified buyer 6r tenant. At a
minimum, the lease shall includo tho name, address and telephone number of the head bf
household and ali other occupants, a description of the unit to be rented, the term of the
lease, the rental amount, the use of the premises, and. the rights and obligations of the
parties. Random inspections to verify occupancy in accordance with this division may be
conducted by the Housing and Urban Improvement Director.
2. IAggli.g~,i~. A potential buyer or tenant shall apply to the develol~r, owner, manager, or
agent to qualify ss a moderate, Iow, or very low income family for the purpose of renting
and occupying an affordable housing rental unit pursuant to the affordable housing density
bonus program. The application for affordable housing qualification shall be in a form
Collier County 2-225 October JO, 1991
Land Development Codt
provided by the Housing and Udmn lmprovcn~t Director and maybe a part of the income
certification form.
3. Income Verification. The Housing and Urban l, mprovement Director or the developer shall
obtain written verification from tho potential occupant (including the entire household) to
verify all regular sources of income to the potential tenant (including the antire household).
The written verification form shall include, at a minimum, the purpose of the verification,
a statement to reles~z information, employer verification of gross annual income or rate of
pay, number of hours worked, frequency of pay, bont_t__~_, tips and comrr~ssions and a
signature block with the date of application. The verification may take the form of the most
recent year's federal income tax revam for the potential occupants (including the entire
household), a statement io 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 ocCul~ncy. Upon expiration of the 90 day period, the information may be
verbally updated from the original sources for an additional 30 days, provided !t
documented by the person preparing the original verification. After this time, 'a new
verification form must be completed.
4. [0come Certification. Upon receipt of the application and verification of inco .mi, an income
certification form shall be executed by the potential buyer or tenant (.including the entire
household) prior to sale or rental and occupancy of the affordable housing unit b)~ the owner
or tenant. Income certification that the potential occupant ha~ a moderate, Iow, or very logy
household income qualifies the potential occupant as an eligible family to buy or rent and
occupy an affordable housing unit under the affordable housing density bonus program. The
income certification shall be in a form provided by the Housing and Urban Improvement
Director.
2.7.7.6 Violations and Enfortement.
2.7.7.6.1 ~. It is a violation of Sec. 2.7.7 to rent sell or occupy, or attempt to rent, sell or occupy,
an affordable homing rental unit provided under the affordable homing density, bonus program except
as specifically permitted by the terms of Sec. 2.7.7, or to knowingly give false or misleading
· information with respect to any information nxluired or requested by the Ho~sing and Urban
Improvement Director or by other persons pursuant to the authority which is delegated to them by
Sec. 2.7.7. "
2.7.7.6.2 Notice of Violation. Whenever it is determined that there is a violation of Sec. 2.7.7, a Notice of
Violation shall be issued and sent by the Housing and Urban Improvement Director by certified
revam-receipt requested U.S. Mail, or hand-delivery to the person or developer in violation of Sec;
2.7.7. The Notice of Violation shall be in writing, shall be signed and dated by the Housing and
Urban Improvement Director or such other County personnel as may be authorized by the Board of
County Commissioners, shall specify the violation or violations, shall state that said violation(s) shall
be corrected within ten (10) days of the date of Notice of Violation+ and shall state that if said
violation(s) is not corrected by the specified date that civil and/or criminal enforcement may be
pursued. If said violation(s) is not corrected by the specified date in the Notice of Violation, the
Housing and Urban Improvement Director shall issue a citation which shall state the date and time
of issuance, name and address of the person in violation, date of the violation, si~ction of these
Collier County 2-226 Ocwber $0. 1991
Land Developmen~ Code
/
· 7_~ntnt t~dmtnl#tratton end Proced#rrt
Dt~tton 2. 7
regulations, or subsequent atnendments thereto, violated, narno of tho Housing and Urban
Improvement Director, and date and tin~ when the violator shall appear before the Code Enforcement
Board.
2.7.7.6.3 Criminal Enforcement. Any person who violates any provision of this division shall, upon
conviction, be punished by a fine not to exceed five hundred dollars (5500.00) per violation or by
imprisonment in the Countyjsil for a term not to exceed .sixty (60) days, or by both, pursuant to the
provisions of Sec. 125.69, Florida Statutes. Such person also shall pay all costs, including reasonable
attorneys fees, including tho~ incurred on ai~eal, involved in the case. Each day such violation
continues, and each violation, shall be considered a separate offense.
2.7.7.6.4 Civil Enforcement. In addition to .any criminal penalties which may b~ imposed pursuant to Sec.
10.2. I. Collier County and the Housing and Urban Improvement Director shall have full power to
enforce the t~rms of this division and any affordable housing density bonus development agreements,
rezoning conditions or stipulations, and planned unit development (PUD) conditions and stipulations
pursuant to this division and tho fights, privileges and conditions described herein, by action at law
or equity. In the event that it is determined that a violation has occurred and has not or will not be
corrected within sixty (60) days, tho ~.ertificate of Occupancy for all affordable housing density bonus
units within the development shall be withdrawn and the sanctions or penalties' provided in the
affordabl0 housing daasity bonus development agreement shall be pursued to the fullest extent allowed
by law.
2.7.7.7 Liberal Construction and Severabilitv.
2.7.7.7.1 Liberal Construction. Tho provisions of this division shall be liberally construed to effectively carry
out its intent and purpose in tho interest of tho public health, safety, welfare and convenience.
· 2.7.7.7.2 Severabilitv. If any section, phram, sentenc~ or portion of this division is for any reason held invalid
unconstitutional by any court of compeamt jurisdiction, such portion shall be deemed a separate,
distinct, and independent provision, and such holding shall not affect the validity of the remaining
portion.
Collltr County 2-227 · October JO. 1991
Later Development Cedi
DEVELOPMENT I~EQUIREMI~NTS
DIV. 3.1 GENERAL ................................................. !
SEC. 3.1.1 OVERVIEW ................................................ I
SEC. 3.1.2. FEES ..................................................... 1
DIV. 3.2 SUBDIVISIONS .. ................. · .......... . ................. 2
SEC. 3.2.1 TITLE AND CITATION ' . ................................. 2
SEC. 3.2.2 PURPOSE ....... · ............................... · ............ 2
SEC. 3.2.5 GENERAL REQUIREMENTS ..................................... 4
SEC. 3.2.6 SUBDIVISION REVIEW PROCEDURES ...............................
SEC. 3.2.7 PRELIMINARY SUBDIVISION PLAT ................................ 18
SEC. 3.2.8 IMPROVEMENT PLANS .................................... ~.... 22
SEC. 3.2.9 FINAL SUBDIVISION PLAT .................................. ... 52
DIV 3.3 SITE DEVELOPMENT PLANS .......................... ; ........ 59
SEC. 3.3~I TITLE AND CITATION 59
SEC. 3.3.2 PURPOSE .................................................. 59
SEC. 3.3.3 APPLICABILITY ............................................. 59
SEC. 3.3.4 EXEMPTIONS ............................................... 59
SEC. 3.3.5 SITE DEVELOPMENT PLAN REVIEW PROCEDURES ............. . ....... 59
SEC. 3.3.6 SITE DEVELOPMENT PLAN STANDARDS ........................... 68
SEC. 3.3.7 AMENDMENTS .............................................. 69
SEC. 3.3.8 SITE DEVELOPMENT PLAN TIME LIMITS ........................... 69 ·
SEC.' 3.3.9 VIOLATIONS 70
DIV. 3.4 EXPLOSIVES ................................. . .............. 71
SEC. 3.4.1 TITLE AND CITATION ......................................... 71
Collier County $-i October $0, 1991
Land Devel,~pmen~ Code
SEC. 3.4.2 PURPOSE ............. ;(;" ...................................
71
SEC. 3.4.3 APPLICABILITY; PERMIT REQUIRED .............................. 71
SEC. 3.4.4 EXEMPTIONS FROM PERMIT REQUIREMENTS . .' ...................... 71
SEC. 3.4.5 PERMIT APPLICATION REQUIREMENTS AND CONDITIONS ............... 72
SEC. 3.4.6 OBLIGATION OF USER TO UTILITIES .............................. 74
SEC..3.4.7 PERMIT APPLICATION REVIEW PROCEDURES ........................ 75
SEC. 3.4.8 ISSUANCE OF PERMIT; PROHIBITIONS . .' ........................... 76
SEC. 3.4.9 LIMITATIONS AND CONDITIONS ................................. 76
SEC. 3.4.10 INSURANCE ................................................ 77
SEe. 3.4.11 FEES ..................................................... 78
SEC. 3.4.12 INFORMATION AND .REQUIREMENTS DURING AND SUBSEQUENT TO
GEOPHYSICAL SEISMIC BLASTING ................................ 79
SEC. 3.4.13 RESTRIC'~ONS FOR THE USE AND HANDLING OF EXPLOSIVES ........... 80
SEC. 3.4.14. SALE OR DISPOSAL; INVENTORY; THEFT OR ILLEGAL USE .............. 82
SEC. 3.4.15. REVOCATION AND/OR SUSPENSION OF PERMIT ...................... 83
SEC. 3.4.16 AUTHORITY VESTED IN THE DEVELOPMENT SERVICES DIRECTOR ........ 84
SEC. 3.4.17 PENALTIES ................................... ~ ............. 84
SEC. 3.4.18 PREVIOUSLY ISSUED PERMITS ................................... 84
SEC. 3.5.2 PURPOSE ............................................. . ..... 85
SEC. 3.5.3 APPLICABILITY; PERMIT REQUIRED .............................. 85
SEC. 3.5.4 EXEMPTIONS ............... .' ............... ; ................ 85
SEC. 3.5.5 EXCAVATION REVIEW PROCEDURES ....... . ....................... 86
SEC. 3.5.6 APPLICATION REQUIREMENTS FOR EXCAVATION PERMITS ............. 88
Collier County $41 ' October $0,
SEC. 3.5.7 CONSTRUCTION REQUIREMENTS FOR THE CONSTRUCTION OF
EXCAVATIONS .............................................. 91
SEC. 3.5.8' INSPECTION AND REPORTINO REQUIREMENTS ...................... 93
SEC. 3.5.9 FEES ........ ' .................. ' .......... ' ................. 96
SEC. 3.5. I0 PERFORMANCE GU~E REQUIREMENTS ....................... 96
SEC. 3.5.11 APPEALS ' ' 97
SEC. 3.5.12 PENALTIES AND ENFORCEMENT ' . ..................... .~ .... 97
SEC. 3.5.13 SEVERABILITY .............................................. 98
SEC. 3.5.14 COMPLIANCE WITH STATE AND FEDERAL PERMITS ................... 98
DIV. 3.6 WELl, CONSTRUCTION ........................................ 99
SEC 3 6 I TITLE AND CITATION 99 '"
SEC 3 6 2 PURPOSE " ~
SEC. 3.6.3 APPLICABILITY ~
SEC. 3.6.4 REGULATION OF WELLS ' 99
SEC. 3.6.5 CONSTRUCTION, REPAIR AND ABANDONMENT STANDARDS ............ 105
SEC. 3.6.6 CONTRACTOR LICENSING AND EQUIPMENT REGISTRATION ............ 111
SEC. 3.6.7 ADMINISTRATION ....................... ~ .................. 112.
SEC. 3.6.8 PENALTIES ...................................... . ......... 112
'DIV. 3.7 SOIL EROSION CONTROL .............................. .. ..... 113
SEC. 3.7.1 TITLE AND CIT~:I'ION ........................................ 113
SEC. 3.7.3 SOIL EROSION AND SEDIMENT CONTROL PLAN REQUIRED .. ............ 113
DIV. 3.8 ENVIRONMENTAL IMPACT STATEMENTS (EIS) .................... 114
SEC. 3.8.1 TITLE AND CITATION ' 114
SEC. 3.8.2 PURPOSE ' · ...... 114
SEC. 3.8.3 APPLICABILITY; ENVIRONMENTAL IMPACT STATEMENT (EIS) REQUIRED · . 114
Collier County $.il~ October $0, 1991
Land Dt~tlopment Code
!
SEC. 3.8.4 SUBMISSION AND REVIEW OF ElS ............................... ! I$
SEC. 3.8.5 INFORMATION REQUIRED FOR APPLICATION ....................... 115
SEC. 3.8.6 SPECIFICS TO ADDRESS ...................................... 119
SEC. 3.8.7 ADDITIONAL DATA ......................................... ! 19
SEC. 3.8.8 RELATION BETWEEN ElS AND DEVELOPMENT OF REGIONAL IMPAC'I'
(Dm) .................................................... I19
SEC. 3.8.9 EXEMPTIONS ....................' ................ ' .......... 119
SEC. 3.8.10 FEES .................. : ................................. 120
SEC. 3.8.11 APPEAL~ ................................................. 120
DIV. 3.9 VEGETATION REMOVAL. PROTECTION AND FRESERVA~ON .......... 121
SEC. 3.9.1 TITLE AND CITATION ......................................... 121
SEC. 3.9.2 PURPOSE .................................................. 121
SEC. 3.9.3 APPLICABILITY; UNLAWFUL TO REMOVE VEGETATION ............... 121
SEC. 3.9.4 APPLICATION REQUIREMENTS ................................. 121
SEC. 3.9.5 VEGETATION REMOVAL, PROTECTION AND PRESERVATION STANDARDS .. i23
· SEC. 3.9.6 REVIEW PROCEDURES ...................................... '. 126
SEC. 3.9.7 APPEAL FROM ENFORCEMENT ................................. 130
· DIV. 3.10 SEA TURTLE PROTECTXON .... ~ · · .. ........................... !31
· SEC. 3.10.1 TITLE AND CITATION .... 131
SEC. 3.10.2 PURPOSE ..... ~ ......... ; ..................... .. ............ 131
SEC. 3.10.3 NEW DEVELOPMENT ......................................... 131 .
SEC. 3.10.4 EXEMPTIONS .............................................. 131
SEC. 3.10.5 EXISTING DEVELOPMENT ..................................... 131
· SEC. 3.10.6 PUBLICLY OWNED LIGHTING .................................. 132
SEC. 3.10.7 · UNLAWFUL TO KILL, MOLEST, OR INJURE SEA TURTLES .............. 132
SEC. 3.10.8 CONSTRUCTION DURING NESTING SEASON ........................ 132'
Collier County J-Iv October 30, 1991
SEC. 3.10.9 PERMITS AND FEES ......................................... 132
SEC. 3.10.10 PENALTIF~ FOR VIOLATION; RESORT TO OTHER REMEDIES ............ 133
DXV. 3.11 ENDANGERED, THREATENED OR LISTED SFECIES FROTECTION ....... 134
SEC. 3.11.1 TITLE AND CITATION ........................................ 134
SEC. 3.11.2 PURPOSE ....... ; .............................. ' ..... ;. .... 134
SEC. 3.11.3 NEW AND EXISTING DEVELOPMENT .......................... ;... 134
DIV. 3.12 COASTAL ZONE MANAGEMENT ............................... 135
SEC. 3.12.1 TITLE AND CITATION ........................................ 135
SEC. 3.12.2 PURPOSE ................................................. 135
SEC. 3.12.3 NEW AND EXISTINO DEVELOPMENT ............................. 135 ~--
DIV. 3.13 COASTAL CONSTRUCTION SETBACK LINE VARIANCE. ..............~ 136
SEC. 3.13.1 TITLE AND CITATION ...................................... .~ . 136
SEC. 3.13.2 ESTABLISHMENT OF SETBACK LINES ' 136
· SEC. 3.13.3 REVIEW AND CHANGE OF SETBACK LINES ........................ 136
SEC. 3.13.4 PROHIBITED ACTIVITIES SEAWARD OF SETBACK LINES ............... 136
SEC. 3.13.5 VARIAN~ ............................. · .................. 136.
SEC. 3.13.6 PROCEDURES FOR OBTAINING VARIANCE ......................... 137
'SEC. 3.13.7 EXEMPTIONS .............................................. 137
SEC. 3.13.8 PENALTY AND dIVIL REMEDIES ................................ 138
· SEC. 3.13.9 SEVERANCE .............................................. 138
DIV. 3.14 VEHICLE ON THE BEACH REGULATIONS ......................... 139
SEC. 3.14.1 TITLE AND CITATION ........................................ i39
SEC~ 3.14.2 UNLAWFUL TO DRIVE ON SAND DUNES OR BEACH OR TO DISTURB SAND
DUNE ................................................... 139
SEC. 3.14.3 EXCEPTIONS; EXEMPTION CERTIFICATE .......................... 139
SEC. 3.14.4 PERMIT FOR CONSTRUCTION .................................. 140
Ct~llttr County $-~ October .tO, 1991
DIV. 3.15 ADEQUATE PUBLIC FACII, ITIES ............................... 141
SEC. 3.15.1 GENERAL PROVISIONS ....................................... 141
sEC. 3.15.2 ESTABLISHMENT OF MANAGEMENT AND MONITORING PROGRAM AND
REGULATORY PROGRAM: THE ANNUAL INVENTORY AND UPDATE REPORT,
CII~ AMENDMENTS, AND ANNUAL BUDGET ........................ 14i
SEC. 3.15.3 MANAGEMENT AND MONITORINO PROGRAM- . ..................... 141
SEC. 0.15.4 REGULATORY PROGRAM: REVIEW OF DEVELOPMENT TO ENSURE
ADEQUATE PUBLIC FACILITIF~ ARE AVAILABLE .................... 144
sEC. 3.15.5 LIBERAL CONSTRUCTION, SEVI~. RABILITY, AND PENALTY PROVISION ..... 162
049 339
C~ler C(wnty $-~t October $0, 1991
lrO~on $.! C, enerat
DIV. 3.1
SEC. 3.1.1 O~Vll~Y. This articlo establishes tho development requirements for fourteen (14) types of
development proceeses in the County: subdivisions, site deveioprrient plans, explosives,
exc&vation, well construction, soil erosion control, environmental impact statements, vegetation
removal, protection and pr~ervalion, sea turtle protection, endangerod, threatened o{ listed species
protection, coastal zone management, coastal construction setback line variance, ,,YAficlea on the
beach, and adeq,,,ts public facilities.
In this regard, tiffs article is orsaniz~i into fifteen (15) divisions. Division 3.1 provides an.
overview on th~ organization of this article. Divisions 3.2 through 3.15 provide development
review proe~ures, submission 'requir~n~nta and development standards for ~e~c.h of the
dcvclopn~nt processes listed above.
Therefore, in ~klition to the provisions of general applicability contained in this Division 3~1, each
development proceas contained in this article is shown next to the division in which it' may be
found:
Division '3.2 Subdivisions
Division 3.3 Sits Devdopm~nt'Plans
Division :1.4 Explosives
Division 3.5 Excav~on
Division 3.6 Well Construction
Division 3.7 'Soil Erosion Control
Division 3.8 Environmental Impact Statements
Division 3.9 Vegetation Removal', Protection and Preservation
Division 3.10 Sea Turtle Protection
Division 3.11 Endangered, Threatened or Listed Species Protection
Division 3.12 Coastal Zone Management
Division 3.13 Coastal Construction Setback Line Variance
Division 3.14 Vehicles on the Beach
Division 3.15 Adequats Public Facilities
SEC. 3.1.2 FE~. The Board of County Commissioners shall establislt a schedule of fees i~ursuant to the
requirements of Div. 1.10, Fees, for review, approval, permitting, inspection and like matters
pertaining to the various development requirementa addressed in Sec. 3.1.1. It is the intent of'
these fees that the County shall not be required to bear any part of the cost of applications,
submissions, permits or the like made under this Article and that the fees repr~ent the actual cost
of required legal advertising, postage, clerical, filing, review, inspection, recording and other
costs involved in the processing of development activities addressed in Article 3 of this Code.
Until the applicable fees have been paid'in full, no action of an), type or kind shall be taken on
an application or permit filed pursuant to this Article.
0'49t .340
Collttr ~ $-1 October $0. 1991
~ Dev~iopmera Co,Lc
DIV. 3.2 SUBDIVISIONS.
SEC. ~.2.1 TITLE AND CITATION. Thi. Division ~.ll be k~own as and may be cited ~z the 'Colli~
County Subdivision Code'.
SEC. 3.2.2 PURPO~. The puqx~se of ~ Division is to e~tablish procedures and standards for the
development and subdivision of real estate within the unincorporated area~ of Collier County,
Florida, in an effort to, among other thinp, ensure proper legal description, identification.
documentation and recording of ~ estate boundaries; aid in the coordination of land development
in Collier County in accordance with orderly physical patterns to encourage state of the art and
innovative design; discourage,haphazard, premature, uneconomic or scattered land development,
ensure an economically stable and healthy community; ensure adequate public facilities and
utilities; maintain the community's quality of life by properly preserving and conserving natural
resource features; prevent periodic and seasonal flooding by providing protective flood control and
drainage facilities; provide open sp~c~ for recreation; ensure land development with installation
of adequate and necesu~ public facilities and physical improvements; ensure that the citizens and
taxpayer~ of Collier County will not have to bear the costs resulting from haphaza~ subdivision
of land; provide the County with the authority to require in~tallation by the developer of adequate
and necessary physical improvements so that the taxpayers and citizens of Collier County will not
have to be~r the cos~ for the ~arne; ensure to the purchasers of subdivided land that neces~ry
improvements of lasting quality have been installed; comply with Ch. 177, F.S.. as amended.
Furthermore, tl~ purpose of this Division is to carry out the goals, policies and objectives of the
Collier County Growth Management Plan.
SEC. 3.2.3 ~.~. This Division shall apply to all division of land and all subdivisions in
total unincorporated area of Collier County, except to the extent as expressly provided in Sec.
3.2.4.
SEC. 3.2.4 lv,~. Before any property or development propose, to be exempted from the terms
of thia Division may be considered for exemption, a written request for exemption shall be
submitted to tho. Development Services Director. After a determination of completeness, the
Development Service~ Director shall approve, approve with conditions or disapprove the request
for exemption based on the terms of the applicable exemptions. To the extent indicated, .the
following shall be exempt from the applicability of this Division.
3.2.4.1 Active Az, ricultural Uses. Agriculturally related development as identified in the permitted and
· _cc_,~sory uses allowed in. the Rural Agricultural District 'A" and located within any area
designated as Agricultural on the Future [amd Use Map of the Collier County Growth
Management Plan and the Collier County Official Zoning Atlas, except single family dwellings
and farm labor housing subject, to 5ec~ 2.6.25, shall be exempt from the requirements and
procedures for preliminary subdivision plats and improvements plans; provided, however, nothing
contained herein shall exempt such active agricultural uses from the requirements and procedures
for final subdivision plats, and where required subdivision improvements are contemplated, the
posting of Subdivision Performance Security.
3.2.4.2 Minor Subdivisions for Single Family Detached and Duolex Residential Develooment. A
minor subdivision, as defined in Art. 6, for single family detached and duplex residential
C<~Aer Coun~ $-2 October 30, 1991
~ Develol~nen~ Code ·
Dtvfd~ :I. 2 $#MlvOlon~
development el~l be exempt from the requirements an~l procedures for preliminary subdivision
plats; provided, however, nothing conts~ned l~ehl studl exempt such minor subdivision from the
requirements and procedures for improvement plans and final, subdivision plats, and who. re
required subdivision improvements ara contemplated, thn posting of Sdbdivision Performance
Security. No building permits shall be issued prior to r~cordation of the final subdivision plat.
3.2.4.3 blinor Subdivisions for Multi-Family Residential and Non-Residential Develomnent. A minor
subdivision, as defined in Art. 6, for multiple family residential development and all non-
residential development shall be exempt from the requirements and procedu~ for p~liminsry
subdivision plats tad improvement plans; provided, however, nothing contained herein shall.
excmpt such minor subdivision from the requirements and procedures for design requirements for
access under Soc. 3.2.8.4.1, water management plans under Sec. 3.2.8.4.22. final subdivision
plats under Sec. 3.2.9, and site development plans under Div. 3.3, and where required s~bdivision
improvements are contemplated, the posting of Subdivision Performance Security. No building
permits shall be issued prior to recordation of the final subdivision plat.
3.2.4.4 Integrated Phased Develonments. An integntvd phased development, u defined in Article 6
and which has been previously approved in accordenc~ with Sec. 3.2.7.4, shall be exempt from '
tho requirements, standards md procedures for preliminary subdivision plats (Sec. 3[2.7) and
improvement plans (Sec. 3.2.8); provided, however, nothing contained herein shall exemp.t such
integrated phased development from the requirements and procedures for design 'requirements for
access under Sec. 3.2.8.4.1, water management plans under Sec. 3.2.8.4.22, final subdivision
plats and Subdivision Performance Security under Sec. 3.2.9, and major site development plans
under Division 3.3. No building permits shall be issued prior to recordation of the final
subdivision plat. These provisions shall not require that the interior ~ within an integrated
phased development be different from the conditions in Division 3.3 applicable to Site
Development Plans.
3.2.4.5 Cemeteries. The division of land into cemetery lots or parcels shall be exempt from the
requirements and procedures for preliminary subdivision plats and improvement plans; provided,'
however, nothing contained herein shall exempt such division of land into cemetery lots or parcels
from thz requirements and procedures for final subdivision plats and, where required subdivision
improvements am contemplated, the posting of Subdivision Performance Security;.and provided,
further, that such division of land into cemete~ lots or parcels, shall be subject to and comply with
the requirements and procedures for sitz development plans under Div. 3.3, and shall obtain site
development plan approval for the entire property proposed for such division of land into cemetery ·
lots or parcels.
3.2.4.6 Eminent Domain or Ooeration of Law. The division of land which could be created by any
court in this state pursuant to the law of eminent domain, or by operation of law, or by order of
any court, shall be exempt from this Division; if and only if the Development Service~ Director
and the County Attorney am given timely written notice of any such pending action and given the
opportunity to signify that the County be joined as a party in interest in such proceeding for the
purpose of raising the issue of whether or not such action would circumvent or etherwise avoid
the purposes or provisions of this Division, i.e., the subdivision regulations, prior to the entry of
any court order;, and, if and only if an appropriatz pleading is not filed on behalf of the County
within twenty (20) days after receipt of such notice. However, ifa pleading is filed on behalf of
J'J ,~ Ocml~r JO, 1991
Code
the County within twenty (20) days afar receipt of such notice, such division of land created by
the court shall not be exempt from this Division.
3.2.4.7 Oil. Gas. and Mineral Rinht~. Tbe division of land which creates an interest or interests in oil,
g~s; or minerals which am now or bereaft~ severed from the surface ownership of real property
shall be exempt from this Division.
3.2.4.8 Lot Line Adiuatment. An adjustment of a lot line ~ contiguous lots which are under
separate ownership shall be exempt from this Division if all of the following conditions are met
in · written ~ to tl~ Development Services Director:.
3.2~4.8.1 It i~ demonstrated that th~ ~ is to corn~ an engineering or surveying error in a r~orded
plat or is to permit an insubstantial I~aund~y change between adjacent parcels; and
~].2.4.8.2 Both landowners who~ lot lines am being adjusted provide written consent to the lot line
adjustment; and
3.2.4.8.$ Instrument(s) ~videncing the lot lin~ ~ljustment shall be filed in the official r~cords of Collier
County, Florida, upon approval,, and shall indicats that the result of the lot line a~tjustment will
mee4 the standards of, and conforms to, the requirements of this Code, including the dimensional
requirements of the zoning district and tbe subdivision in which the lots are located. However, in
ca~s of an existing nonconforming lot, the adjustment shall not increase the nonconformity of the
lot; and
3.2.4.8.4 It is demonstrated that th~ lot line adjustment will not affect the development rights or permitted
density or inter, sity of use of the affected lots by providing the opportunity to create a new lot(s)
for re~le or development.
3.2.4.9 ~iJRl=~l~l~. All division of land occurring prior to the effective date of this Cod~ and
conforming to the purposes of this Division, shall be exempt from flais Division; provided,
however, that any property so divided which is resubdivided or further divided on or after January
10, 1989, shall not be exempt from this Division.
SEC. 3.2.$ GENERAL REOUIREMENT$.
3.2.$. 1 It shall be unlawful for any person to crests a subdivision of, or to subdivide, or to otherwise .
divide, any land in the total unincorporated ar~a of Collier County, ex'-pt in strict conformance
with the provisions of this Division and any applies, bln provisions of the Growth Management Plan
and this code.
3.2.$.2 No land shall be divided or subdivided,, nor shall any subdivision occur or be created, platted,
recorded or left unrecorded, nor shall any building permit for any structure to be constructed upon
any land so subdivided be issued, and unless such subdivision meets all of the provisions of this
Division and all of the provisions of any applicable federal, state and local laws, including any
applicable provisions of the Growth Management Plan and this Code, unless otherwise approved
by the Board of County Commissioners.
Collier ~ J-4 . Oe~ober $O. 1~91
3.2.5.3 It sl~ll be unlawfid for &ny person to transfer, sell, or otherwise convey,, to sell any land by
reference to, exhibition of, or other use of, a plat of a.subdivision of such land without having
submitted I final subdivision plat of such land for approval to the Board of County Commissioners
u required by this Division and without havinj recorded the approved final subdivision plat as
requinxl in this Division.
3.2.5.4 No approval of the final subdivision plat, improvement plans or authorization to proceed with
construction activities in compliance with the sam shall require Collier Coumy to issue a
development order or building permit if I) it can be shown that issuance of said development order
or building permit will result in a reduction in the level of service for any public facility below
the level of service established in the Collier County Growth Management Plan, or 2) if issuance
of said development order of building permit is inconsistent with the Growth Management Plan.'
Anything in this Division to the contrary notwithstanding, all subdivision and development shall
comply with the Collier County Adequate Public Facilities Ordinance and the Growth Management
Plan.
SEC. 3.2.6 SUBDIVISION REVIEW PROCEDURES. '
$.2.6.1 PvcaDnllcation Conferem~. Prior to formal filing of a preliminary subdivision plat, an applicant .._.
shall confer with th~ Development Services Director to obtain information and suidstnce. The
purpos~ of such a conference is to permit the applicant and the Development S~'vicea'Director
to review informally a prope~ development and determine the most efficient method of
development review before substantial commitments of time and money are madeX in the
preparation and mbmisaion of the preliminary subdivision plat, improvement plans, final
subdivision plat, and related documents.
· 3.2.6.1.1 ]~1~. A written preapplication shall be submitted to the Development Services Director
at any time prior to the review ora proposed preliminary subdivision plat. The written application
shall contain the following:
1. .~..1~~. Ten (10) copies, unless otherwise specified by the Development.
Services Dir~tor, of a written statement generally describing tho condition of the
property and the proposed development of the entire subdivision. This statement shall
include but i's not nee. essarily limited to data on existing covenants or restrictions, location
of utility facilities and public facilities, general soil characteristics, and other information
describing, the subdivision proposed, such as number of parcels, lots, or tracts; typical
lot or other: parcel configuration; water retention areas; public areas; anticipated utility
sources; zoning classifications; and any other information needed for preparation and
review of the preliminary subdivision plat.
2. Plnn. Ten (10) copies, unless otherwise specified by the Development Services Director,
of a plan including the following: a location plan showing the location of the land to be
subdivided; approximate acreage; natural'festures such as native habitat identified' by
vegetative cover and depicted in aerial imagery; low or swampy areas; water bodies,
streams, lakes, canals or the like; identification of adjacent lands; a brief description of
the land to be subdivided; name, telephone number and address of owner and developer
and its representatives; date; northpoint; street; general lot and block layout; layout of
Collier County $.$
Land Development Code October JO, 1991
all adjoining streets; zoning classification of the property proposed for subdivision and
adjacent properties; location of existing improvements; and any other significant features.
3. Aerial Photo~ra_~h with Overlay. Current aerial photograph of not less than 1:200 scale,
with clear film overlay with proposed subdivision configuration superimposed upon it;
In tho rural, less populated areas of the County, a minimum scale of 1:400 will be
acceptable, upon request to the Development. Service Director, if the 1:200 scale is not
readily awilable.
~.2.6.1.2 Issues of Di.~'tminn. Isaues ~ shall be discussed ~t tho pmapplication confer~c~ shall include
but tm not limited to tl~ following:
1. Prooosed DeveloDment. TI~ applicant should describe the general nature of the proposed
development, including, if applicable, proposed land uses and their densities; proposed
placement of buildings, structure, and other improvements; character and location of
common open space or treatment of public uses; preservation of natural festures;
protection of environmentally sensitive ares~; proposed off-street parking and internal
traffic circulation; and total ground coverage of paved areats and structures.
2. ~ TI~ l:~,elopment Services Dim:for shall identi fy prec_~ural review
requirements for the proposed development and applicable review requirements and
stand.trds in terms of this Division that .apply to the review of the proposed development.
This s~ould includ~ identifying which decision-ma$'Jng body or bodies will review the
application and the approximat~ length of the development review procedure.
3. ~. The Development Servicea Director will make a good faith effort, to
identify the federal, state and local agencies that may be required to review the proposed
development, and. if possible identify for the applicant the name and title of persons at
these agencies to contact about review procedures, and generally describe the information
which will be needed to satisfy the concerns of the relevant 'federal, stat~ and local
agencies.
4. Application Contents. In conf~mnance with the requirements of this Division, the
.. Development Services Director shall e~tblish the contents of the preliminary subdivision
plat required to be submitted for tho proposed development. This shall, include
descriptions of the types Of mporta and drawings required, the general form which the.
prelin~inary subdivision p~ shall t~ke, and the information 'which shall be contained
within the preliminary subdivision plat and supporting documentation.
5. At~_~lication cooies and fees. The Development Servicea Director shall identify the
number of copies of the preliminary subdivision plat app!ieation that am required to be
submitted for the proposed development, along with the amount of the fees needed to
defray the cost of processing the application.
':3.2.6.1.3 Summary. At the conclusion of th~ preapplication conference, the applicant shall be presented
with a written summary or checklist of the me, ting by the Development Services Director.
Collier County J.~ . O~ob~r $0. 1991
~ Development Code
D4rMm $.2 $~bdlvldem
3.2.6.2 Procedures for Prelimlnarv Subdivtskm fiat.
3.2.6.2.1 ~. In order to initiate an application for a preliminary subdivision plat, tho applicant shall
prepar~ and submit to tl~ Development ~-rvicea Director a prel!minary subdivision plat which
meets the requirements contained in Sec. 3.2.7.
3.2.6.2.2 ]~eview a~d Recommendation bv Develooment Services Djl'ector. After receipt of a completed
preliminary subdivision plat, the Development Services Director shall review an~ evaluate the
preliminary subdivision' plat in conformance with the preliminary subdivision plat requirements
established in Sec. 3.2.7. Based on the review and evaluation, the Development Servic .es Director
shall recommend to the Planning Commission that it approve, approve with condition, or deny
the preliminary subdivisiop plat. The recommendation shall be submitted to the Planning'
Commission in writing. If the Development Services Director recommends that the Planning
Commission should deny or place conditions on the preliminary subdivision plat, he shall state in
writing reasons for such reconunendstion of denial or conditions, and shall cite the applicable code
or regulatory basis for the conditions or denial.
3.2.6.2.3 Review and Determination by Plannirm Commission. Within thirty (30) days after receipt by
the Planning Commission of the Development Services Director's recommendation, and after due ~--
notice of the public hearing, the Planning Commission shall hold a public hearin~ on th~
preliminary subdivision plat. At the public hearing, the Planning Commission shall consider the
Development Services Director's recommendation and shall take evidence and testimony in, regard
to the preliminary subdivision plat requirements set forth in this section and Sec. 3.2:7. The
Planning Commission shall approve, approve with conditions or deny the preliminary subdivision
plat. It' the Planning Commission denies or places conditions on the preliminary subdivision plat,
it shall state reasons for such denial or conditions.
3.2.6.3 Procedures for Imorovement Plans and final Subdivision fiat.
3.2.6.3.1 Initiation. Within two (2) years after the date of w~tten approval or approval with conditions of
the prclimh~'y subdivision plat, the applicant shall prepare and submit to the Development.
Services Director the improvement plans and final subdivision plat for at least the first phase of
the proposed subdivision. Each subsequent phase shall be submitted within two (2) years after the
date of written approval oi~ the final subdivision plat for the immediately preceding phase of the
proposed subdivision. Two (2) 2-year extensions to submit the improvement plans and final
subdivision plat shaJl be granted for good cause shown upon ~ritten application submitted to the
Development Services Director prior to expiration of the preceding approval. When extending the
preliminary subdivision plat approval, the Development Services Director shall require the
approval to be modified to bring the project into compliance with any new provisions of Div. 3.2
of this Code in effect at the time of tho extension request.
3.2.6.3.2 Review. Determination and Recommendation by Develooment Services Director. After receipt
of completed improvement plans and £mal subdivision plat, the Development Services Director
shall review and evaluate the improvement plans in light of Sec. 3.2.8, including the general
requirements established in Sec. 3.2.8.1, the imp~vement plans submission requirements
established in Sec. 3.2.8.2, the required improvements established in Sec. 3.2.8.3, and the design
requirements established in Sec. 3.2.8.4, and shall review and evaluate the final subdivision plat
3-7 October $0,
Code
in light of dm final subdivision plat requirements estsbli~ed in Sec. 3.2.9. Based on the review
~md evaluation, the Development Service~ Director shall approve, approve with conditions, or
deny th~ improvement plana. If tl~ improvem~t plans ~re denied, thru the £mal mbdivision plat
shall not be submitted to the Board of County Commissioners unless and until the improvement
plans have been approved or approved with conditions by the Development Services Director. If
the improvement plans are approved or approved with conditions, the Development Services
Director shall recommend that the Board of County Commissioners consent to, consent with
conditions or deny the final subdivision plat. The detenn~ations regarding the improvement plans
and the recommendation regarding the final subdivision plat shall be in writing. If the
Development Services Director denies or places conditions on the improvement plans or
recommends den~d or conditions on the final subdivision plat, he shall state reasons for such
danial or conditions, or recommendation of denial or conditions and shall cite the applicable code
or regulatory basis for the conditions of denial.
3.2.6.3.3 Consent to Final Subdivision Plat by Board of County Commissi0ne~. Within thirty (30) days
after approval or approval with conditions of the improvement plans, the Development Services
Director shall submit his recommendation to the Board of County Commissioners to consent to,
consent to v, ith conditions, or deny the final subdivision plat. After receipt by the Board of County
Comm/ssioncrs of the Developmet~t Services Director's recommendation, the Boa~ of County
Commissioners shall place the Final subdivision plat on the consent agenda for its next available
regularly scheduled meeting. If all members of the Board of County Comn~ssioners consent to
the recommendation of the Development Services Director, then the recommendation of the
Development Services Director on the f'mal subdivision plat shall remain on the consent agenda
and the final subdivision plat shall be approved therewith. If any member of the Board of County
Comufissioners objects to the recommendation of the Development Services Director or otherwise
requests discussion on the recommendation, then the recommendation shall be taken off ~he
consent agenda and may be discussed or scheduled for a subsequent hearing date. After due notice
of the hearing to the applicant, the Board of County Commissioners shall hold n hearing 'on the
final subdivision plat. At the bearing, the Board of County Commissioners shall consider the
Development Servicea Director's recommendation and shall take evidence and testimony in regard
to the f'mal subdivision plat requirements set forth in Sec. 3.2.9. The Board of County
Cotnmissioncrs shall approve, approve with conditions, or deny the t'mal subdivision plat. If the
· Board of County Commissioners denies or places conditions on the final subdivision plat, it shall
state reasons for such denial or conditions.
3.2.6.3.4 Recordation of Final Subdivision IRaL
I. ~gtlla~.. No building,permits for habitable structures shall be issued prior to approval
by the Board of County Commissioners and recordation of the final subdivision plat.
2. Postisw of Subdivision Perfor~nance Securjt_v. Approval of the final subdivision plat
shall not entitle the final subdivision plat to be recorded unless the required improvements
· have been completed by or for the applicant and accepted by the County, or the required
subdivision performance security for the construction of the required improvements, both
on-site and off-site, hu been posted by the applicant, in a format approved by the County
Attorney, and approved and accepted by the Board of County Commissioners.
Collier Courtly $-8 October JO. 1991
~ Devetol~ne~. Code
3. ~'dztion Procedure. AI~ ~ of I~ final ~ubdivision plat by tho ~ of
County Commi~ios~a, but prior Ia tho Dove!opm~t .~'vic~ Di~cto~'~ recording of
~ ~ ~ivisi~ plat ~ ~ ~e~ of the Ci~uit Coup, all of the foiling s~il
a. ~ a~li~t s~l.~ all of ~ si~ ~ ~e odXinal plat ~v~ ~t{s)
~ ~ ~ ~ ~e a~li~t's 8bli~ti~ or ~t a~ oth~ ~ui~.
b. ~o a~li~t ~11 ~b~t ~ ~g~l fi~l ~ivisi~ plat ~ ~e'D~el~t
~i~ Di~ a~ ~i~g ~o si~m~ ~ui~ a~ve.
~el~t ~i~ DiOr ~il ob~in nil ~ty ~la~
~i~ ~ ~e ~ m~i~si~ plat.
Sillily ~ ~ ~~ of ~ ~lly ex~ fi~! ~ivisi~
m ~ ~el~t ~i~ Di~t~, ~e a~li~t s~ll al~ ~b~t, at no
ex~ m ~e ~, ei~ a title ~ini~ or ~ifi~m from a lic~
arvey au~ ~ ~i~ ~ ~e S~m of FI~, ~ ~g title
~f~i~.
~ eff~ive ~ of ~e ~g title ~f~ti~ m~ ~ no ~ ~
(30) ~ys ~m m ~e ~i~ of ~o fi~! ~ivis~ pl~
~el~t ~i~ Di~ ~d ~ ~na~ all of tho foll~g:
1) a legal ~pti~ of ~e !~ ~g pl~t~;
'2) a ~t ~t ~ ~ey is li~ to p~ti~ ~ ~o Sam of
~ ~ ~ ~ at~mey ~ exa~n~ title ~ t~' ~bj~t
p~, if'a title ~ is ~g provide;
3) i~fica~ of ~e ex~ ~ of ~o ~ who is ~o ~ o~er
of ~e ~bj~ ~ ~y ~d a ~ific ciati~ m ~o O~cid
R~ ~k ~ ~, ~ ~o ~ legal ~ oba~ title to'
· o ~bJ~ ~ p~. ~o ~p~g title ~fo~tion s~ll ~vo
at~b~ ~e~o a ~y of ~id ~t~t(O of ~nvey~;
4) id~tification of li~, ~m~, ~n~, or ~t~ sho~ or
" ~ s~Id ~ ~ ~ excl~i~ m ~go ~ a title
~licy. If a~li~le, ~ mp~ing title info~ti~ s~ll ~ve at~h~
~ a n~y ~d f~, ~d ~o ciati~ to ~o ~g
~fo~ti~ of, ~1 ~f~ li~, ~umb~, ~, or
exclaim. ~e ~g title inf~tion shall have at~h~ ~e~to
a ~y of ~y ~h ~a.
4. ~e ~ing ~ ~y f~ ~ifi~ in this ~ti~ mu~ ~ vedfi~ ~ ~t
~d ~id by ~ applier. U~ v~fi~ti~ ~d pny~t, tho D~elop~t
So~i~ Di~t~ s~li ~ ~e final ~ivision plat with tho Clerk of tho
Ci~uit ~u~ in tho o~ci~ ~r~ of Collier County, Florida, ~d then
C~Uer Co, my $-9 Oc~ber $0, ]991
[.~md Developmem
pr~_,~d__ to produce thres (3) copies and one (1) mylar of the recorded final
subdivision plat and accompanying documents which am required for the Clerk
of the Circuit CourL
$. If any dedications, gnmts, convey~ces, easements, consents, reservations.
covenants, or other like instruments am to be recorded simult~meously with the
final subdivision plat, ~pprol~i~ fee,.and original documentation must be
provided to the Development Services Director for processing by the Clerk of
Court prior to the recording of tho final subdivision plal.
6. If the applicant or iu pmfe~ional surveyor or engineer of record wishes to
obtain additional copies or mylar$ of the recorded document(s) at tho time of
recording, ammgements shall be made through the Development Services
Director and coordinated with the Transportation Services Division prior to
recording and payment of foes.
7. Tho required improv.ements ~ball be completed prior to recordation of the final
subdivision plat unles~ tho applicant shall file with the County a subdivision
perfmanance security in · manner and form prescribed in this Division to assure
tho installation of the required improvements.
8. Within sixty (60) days of recordation of the final subdivision plat in tho Official
Records of Collier County, Florida, tho applicant, at no expense to tho County.
shall submit to tho Development Services Director either · title opinion or
certificate from · licensed attorney authorized to practice in tho 5rate of Florida
as final supporting title information in order to induce the Collier County Board
Of COgZlty Commi~sio~crl to e.,ondgc't ~ ~aT. cpt~l~..o of the subdivision
improvements as required by this Division. The final supporting title information
shall be · condition precedent to ~xeptance of subdivision improvements.
Tho effective date of tho supporting title information must be through tho date
of recordation of the final subdivision plat and must contain tho following:
'. ·. · legal description of the lands which were platted;
b. · statement tl~ the attorney is licensed tcl practice in the Slate of '
Florida ~nd that the aRomey ha~ examined title to the subject real
property through the date tho final subdivision plat was re~orded, if a
title opinion is provided;
e. identification of the exact name of the per,on or entity who is the
record 'owner of the subject property and · specific citation to tho
official records book mid page where tho record legal owner obtained
title to the platted lands. This supporting title information shall have
attached thereto · copy of ~aid instruments of conveyance;
Co. er Cowuy J-lO · Oc~ober $O. 1~91
Land Development Coc~
d. identification of the holder~ of ~my e~tat~, liens, encumb~ or
~ ~icb ~ve not ~lyjoin~ in lhe d~i~ti~ ~ the final
~ivisi~ plat;
.e. id~lificati~ of liens. ~cumb~c~. ~nts, or ~tlcrs ,h~n
I~t ~ld ~ sh~ u exclusions to coverage on a title insurance
~licy. Ifa~li~ble. the ~p~ning title info~tion shall have
in a n~tly ~nd fmhion. ~d ~e ci~fion to the r~rding
info~ti~, of all mf~c~ liens, encumber, ~, or
excision. ~e ~fling title info~tion shall have at~ch~ ~erc~
a ~y of ~y ~ch i~tm~ not pmvid~ in co~tion with
~i~ mb~Is.
3.2.6~.5 Rdafio~hio and Am~B to ~i~ Subdivision Hat. ~e impmve~t pl~ ~d
fi~l ~ivisi~ plat s~ll ~ ~i~t ~ the p~li~na~ ~ivision plat. ~y a~d~t
to the a~ p~li~na~ ~ivisi~ plat d~i~ by the a~lic~t shall ~ ~i~
dc~in~ ~ ~ ~ble by the D~el~t ~ic~ Di~tor p~or to the p~ing of thc
improve~t pl~ ~d fi~l ~ivisi~ plat. ~e D~el~t Se~ic~ Di~tor shall have the
au~o~ty ~ a~e a~d~ ~.the a~ p~li~na~ ~ivision plat p~id~ tho~
a~nd~ a~ b~ on g~lly ~t~, ~nd, pmf~sional ~gin~ng p~nciples ~d
p~ti~ ~ the S~. R~u~U f~ a~d~ shall ~ in w~ting in Ihe fo~ o~ ~ a~nd~
pmli~ ~ivisi~ plat ~d s~il pr~ide cl~r ~d convincing d~u~n~tion ~d clarions
to pmf~i~l ~g~ng s~i~, ~m or other g~lly ~ept~ pmf~sional engin~Ang
~i~ in ~e s~m m ~tiate ~e a~d~t ~u~t~.
.2.6.3.6 Model H~. R~i~ ~d ~i~tlo~ Foll~g ap~val of ~e F~ Su~ivisi~ Plat ~d
~t~ti~ d~a ~ a ~j~ ~ ~ion to ~mct p~or to ~o~ing of ~he final
plat is g~ m the applier, ~ilding ~ for ~el ho~ ~y ~ i~ to the applic~t
only, provide:
1. ~ ~ion m ~ p~or m ~g of ~e fi~l plM ~ ~ g~t~ in
~ivisi~ ~ p~m ~gh~f-~y ~ ~gh~f-way to ~ d~i~t~ to the public u~n
~r~tion of the fi~l ~ivisi~ plat, a Collier County ~el ho~ building ~t
appmv~ in ~o~ce with all's~ building ~it pr~ur~ shall ~ issu~ and
a ~ni~te of ~p~y i~ for ~h ~el ho~ provid~ all of the foll~ing
~ditio~l stipulatio~ am ~mpli~ ~:
n. A site ~el~t pl~ p~ in compli~ce with Div. 3.3 shall
~b~tt~ ~d a~ f~ ~b ~el ho~ panel p~or to ~b~ssion of a
~el ~ ~ild~g ~t a~li~tion. ~e ~n~ on the site developer.
plan m~ ~f~ wi~ ~e ~fi~tion ~d ~un~ of the approv~ Final
Su~ivisi~ PI~;
b. ~e pa~ls on which the ~el ho~ am l~at~ m~t abut a p~vatcly o~
~d ~in~in~ ~, tgm~ in namm or ~tly const~ct~ to Collier
County ~y d~i~
Collier C.~nty $-I1 t~;ol, tr $0. I ~ i
La~d D~elopmou Code
Df~d~ $.2 ~Mlvf~i~v
c. No rno~ than fiw (5) model honm peril. 'ts per subdivision phase shall be issued
to th~ applicant in this manne~, and
d. All zoning conditions and regulations must be followed (See Sec. 2.6.33); or
2. Tl~ proposed lot(s) has fronta~ on an already' platted publicly ov~ed and maintained
rond and all infrsstmcture to support construction of structures is in place. No more than
five (5) model home permits per subdivision phase shall be issued in thi9 manner. All
zoning conditions and regulations must be followed and the provisions of Sec. 3.2.6.3.6.
must be complied with.
3.2.6.4 Construction of. Reoulred Imm'o?~ments.
3.2.6.4.1 Comtructlon SDecificatlons. ~lstruction specifications shall be those prescribed intbe design
rt~quiremeats of this Division, those pregcri~ by the lqorida Department of' Transportation
Standard Sl:~cifications for Ro~d and Bridge ~ntstmction, as amended, wbere applictble as
approved by the Development Sm'vicM Director, and those contained in the approved technical
specificatiotm prq~! by tbe applicant's professional engineer f.or each sulxlivision or
dcv¢lopzmmt which may ·mend or supersede FDOT standards on · project by project basis.~. "-'
3.2.6.4.2 Administration of. Comtrucfion. After approval of the ~ sulxlivision plat and improvement
plans, and upon posting of.the subdivision performance ~ecurity when required, the applica~ i stroll
construct th~ r~luired improvements subject to obtaining and submitting to the Development
Services Director all required federal, state and local developtmmt orders and permits. The
Development Services Director shall be notified in writing at least 48 hours in advance of'the date
of' co--cement of such constru~ion. ~tstruction stroll be performed under the general
direction and observation of, and shall at all timca be subject to, review by the Development
Services Dir,:cto~, however, this in no way sl~ll relieve the applicant of'the responsibility for final
comFliance with the approved improvcnmnt plans and all of the rcquirmm*nts of this Division.
Fi~ certification of' the construction of. the required improvements from the applicant*a
professional engineer shall be filed with the Development Services Director. ~mstruction
observation is required to observe that the required improvements h·ve been installed in
compliance with the approved improvement plans.
3.2.6.4.3 Obse~ation of. Comtru~on. The applicant shall l~ve the prof.cssionsl engineer' or ~nginc~r's
representative make- periodic site visits at intervals appropriate to the various mgc~ of. required
improvement construction to observe the contractor's compliance with the approved plans and
specifications. At the time of. preliminary acocptance, the applicant's professional engineer shall
submit · completion certificate for rhone required improvements completed. Any discrepancy shall
be resolved to the ~tisf.action of the Development Services Director prior to preliminary
3.2.6.4.4 Construction Scheduling. Upon approval by the Development Services Director of the
improvement plans and prior to the commencement of. constraction of. the required improvements,
a preconstmction me,ting shall be conducted. The preconstruction meeting shall be conducted by
the owner and attended by rq~res~ntatives of' the Count,/, utility companies, the applicant's
professional engineer of record, the contractor and th,: developer. At the preconstmction me, ting,
Collier Coumy .1-12 Odober $0, 1991
Land Dotlol~.nt Code
· schedule of construction and copies of all applicable stat~ and federal permits shall be provided
to th~ Development Services Director. At less~ forty-eight (48) hours written notice shall be
provided for scheduling th~ In~xn~mction meeting with tho Development .%-rvices Director.'
Should any construction commence on a project prior to the preconstruction meeting, the
Development Services Director shall have the right to require partial or full exposure of all
completed work for observation, inspection and verification' that it was installed in accordance with
the approved improvement plans. All r~luired improvements constructed in proposed roadway
areas shall be completed in accordance with the approved improvement plans prior to proc_-_'_-~___ing
with the stabilization of th~ roadway subgrade. Installation of improvements which would
complicat~ corrective work on the .required improvements shall be considered in scheduling all
adjoining or related phas~ of the construction. Tbe Development Services Director shall be
notified withln twenty-four (24) hours, with written follow-up, of any problems and conflicts with
the actual construction of required improvements as compared to the completion of the r~uired
improvements in substantial compliance with the approved improvement plans.
All s~gments of the underground utility and water management facilities that lie beneath the
pavement shall be completed, t~sted, and found to be in conformance with the approved
improvemeot plans prior to the installation of pavement. All provisions associated with any water
and sewer facilities construction shall be in complianc~ with the requirements of Collier County
Ordinance 88-76, as amended, and all othe~ applicable federal, state and local regulations and
law~.
3.2.6.4.5 Construction lnsnections by the Develoument ,%rvlc-es I~ir~or. Upon approval of
improvement plans by the Development ,%-rvices Director, the applicant's professional engineer
of record shall be provided with a list of standard inspections which require the presence of the
Development Services Director. Notification of all rg~uired inspections shall be contained in the
County's approval letter for the development. Based on the scheduling and progress of
construction, the applicant shall be responsible to notify the Development' Services Director prior
to the time these inspections are requirod. At least forty-eight (48) hours notice shall be provided
to the Development Services Director to a. llow scheduling of an inspection. Verbal confirmation
of inspection time or'· request for rescheduling will be made by the Development Services
.. Director on each notification made.
From time to time, the Development Services Director shall inspect the progress of construction.
Should special inspections be requis'ed, they shall be coordinated throhgh the applicant.
The foregoing notwithstanding, routine spot inspections by the Development Services Director may
be carried out. without notice on all construction to ensure compliance with the approved
improvement plans. During the on-sit~ i .nspection process, if the Development Services Director
finds construction in progr~s .which does not comply with the procedures, policies and
requirements contained in this Division or th~ approved improvement plans, he shall have the full
authority to ism~ a stop work order for the portion of work not in compliance. If a stop work
order is issued, it shall remain in full effect with respect to the defective work until such time as
tho docun~nted discrepancies hay0 been corrected to the full satisfaction of the Development
Services Director.
Collier Costnty $-15 October JO, 1991
L,snd Devetol~nent Code
049 .352
Of'ddon ].2 Subdlvldom
3.2.6.4.6 i:~si~,n Modification. l:~vi~tions from ~ I~M i~e~t pl~s d~ ~ field
~diti~ ~ ci~~ ~ll ~ ~b~ v~ ~o ~li~t ~d.appmvM by ~o D~glop~t
~i~ Di~. ~tial ~ ~ ~o ~el~t ~i~ Di~r ~y ~ by ve~l ~n~t
whey a ~el~t ~ Di~'s Field R~tive ~y ~~d app~ to the
DSD ~ ~ a field ~i~ of ~ ~ ~d ~ m i~ ~ivalmcy to the a~mv~
~i~. H~, if ~ ~ ~e ~el~t ~ Di~, · de~il~ ~t~ d~ption
of ~e p~ devi~i~ ~ ~ d~i~ ~ifi~ti~, ~z ~ f~ the d~iatio~ or
~i~i~. ~d ~i~ i~e~t pl~ ~!1 ~ ~b~ to the D~el~ ~i~
Di~ f~ a~. ~e ~el~t ~i~ Di~mr ~y ~ui~ ~m approv~ for
~ific d~hti~ or ~ifi~i~ ~ ~ i~ by him ~fo~ construction of ~ i~ ~y
3.2.6.4.~ ~~ ~d T~. A~ ~i~, ~e a~li~t's pmf~io~l ~g~ of ~ s~ll
~b~t a ~ m ~o ~el~t ~i~ Di~ ~ich d~ the ~t~ of i~ti~,
all ~~, field ~, la~t~ ~ ~ o~ati~ ~ui~ ~ ~ ~o~'du~ng
~ ~ti~.
3.2.6.4.8 ~. ~1 ~i~ i~e~ ~ia~ ~ ~e ~ti~ ~~ a~
~1 ~ ~I~ ~in ~ny~x (36) ~ f~ ~e ~ of ~g of ~e fi~ ~ivisi~
plat, or, if ~ti~ of ~i~ i~e~ is ~e~ p~ot ~ ~g ~' f~l
~ivisi~ plat, ~thln ~y4ix (36) ~ from ~ ~ of appmv~ of ~e ~1 ~ivision
pl~ by ~ ~ of ~ ~mmi~i~. If i~e~ am not ~le~ ~
p~ fi~ ~ ~d a ~ivisi~ ~~ ~ty hu ~ ~b~t~,
D~cl~t ~i~ Di~ ~y ~~d ~ ~e ~ ~at it d~w u~n ~e'~ivision
~o~ ~ ~ o~ ~ ~e ~i~ ~o~ ~ to ~ ~
~1~ ~e ~~, ~r, ~ ~~ of ~e ~ui~ improvers.
3.2.6.4.9 Co~qT C~ol~on of R~ ~o~v~. ~ a ~! ~ivision plat ~ ~n
~ ~d ~e applier f~ls ~ ~I~, ~r, ot ~ ~e .~ui~ impmve~n~
~ui~ by ~s Division, ~e ~d of ~ ~ion~ ~y au~o~ ~d ~dc~e
~l~ion, ~air, ~d ~~ of ~e ~ui~ improve~ ~der ~e ~ivision
~o~ ~ty p~id~ by ~e applier. If no ~le of 1o~ or i~ of building
~ ~u~, ~e ~ of ~ty ~i~e~ ~y ~la~ all approvals for the ~ivision
~d all d~ for ~e ~ivision to ~ null ~d void; provide. ~y v~tio~ of plat s~ll
~ ~ ~~ wi~ ~ap~ 177, Flo~ S~m~. In ~ch ctm, ~e Board of Coun~
Commi~ion~ ~11 di~t ~e ~el~t ~i~ Di~tor to ~11 u~n ~e ~ivision
~o~ ~u~ ~ ~m ~tisf~m~ ~l~i~, ~ir, ~d ~int~ of the ~uir~
improverS, to ~e his ~ effo~ ~ ~ ~e p~y ~ i~ p~elop~t ~ndition,
or ~ o~e~m ~e ~ti~ ~ ~tig~ ~e ~~ of the failu~ to complete, ~pair, or
~ ~e ~ui~ imp~e~. U~ ~e ~lcti~ of ~e ~ui~ impr~e~, the
Develop~t ~i~ Di~ ~11 ~ ~ ~ ~ of County ~uione~ ~d the B~
s~li ~t by R~lution ~e d~i~ti~ ~d ~in~ce ~nsibility ~ indi~t~ ~ the
~ivision plat. In ~ch ~, ~e ~ins ~ivisi~ ~ffo~ ~u~ty ~t~ by the
applier s~ll ~ ~ain~ for the warty ~ ~ p~li~na~ ~d final a~ep~ce in lieu
of ~e ~ui~ ~t~ agent ~d ~ivision ~o~ ~u~ty to provide ~nds for
~y ~pain, ~inte~, ~d def~ ~u~g during this warty ~.
Colll,r County $-14' October JO. 1991
Land Doeloprnent Code
0,I'9 353
Dfvf~f~n $.2 . ~ $,d~lvf~fe,.,
3.2.6.4.10 Failure to Comnlete Unrecorded Subdi?~io~. Whew an applicant has elected to construct,
install, and completo tho required improvements prior to recordation of the final subdivision plat
and fails ~o compl~ such improvements within tho tin~ limitations of this Division, all approvals
for the subdivision shall be null and void. No refe~ce shall be made to the preliminary
subdivision plat or the final subdivision plat with respect to the sale of lots or issuance of building
permits, unless and until the preliminary and final subdivision plats have been resubmitted with
ali of the supplementary documents and n~terial, and all approvals required in this Division have
been granted. Under these circus, the applicant shall be required to compensate the County
through the payment of new review and inspection fees, as through the development were being
submitted for its initial review and approval.
3.2.6.5 Comoletion and Acceptance of Reauired Imorovement,.
3.2.6.5.1 G~I. Tho required improvements constructed under the policies, procedure, guidelines, and
requirements established in this Division shall be accepted by the Board of County Commissioners
as prescribed in this Sec. 3.2.6.5. All applicable completed water and sewer facilities shall
simultaneously be conveyed to Colliee County, o~ to Collier County Water-Sewer District or its
depex',dent water-sewer districts, wbem appropriate, or th~ appropriate Water-Sewer District in
conformance with the provisions Of Collier County Ordinance No. 88-76, u amended. This Sec.
3.2.6.5 d~cribes tl~ policies, procedur~ and data required to obtain approval and acceptance of
all required improvements constructed.
3.2.6.5.2 Acce~_tance of Reoulred Imor~vem~ts. Upon completion of ali required improvements
conlaiaed in th~ approved improvement plans, tho required improvernents must be approved and
accepted by tho Board of County Commissionen. Required improven~nts must receive
preliminary acceptance and final acceptance as r~iuired in Secs. 3.2.6.5.6 and 3.2.6.5.7. The
preliminary -_cc_-ptance of the required improvements shall be indicated by a resolution adopted
by the Board of County Commissioners indicating that tho applicant has att~ted that all the
required improvements meet or ex__reed__ tbe standards established in this Division. All water and
sewer facilities accepted in this fashion and required to be maintained by Collier County shall be
conveyed to the County pursuant to tho provisions set forth in Collier County Ordinance No. 88-
76, as amended. A maintenanco agreem~t and the posting of subdivision performance security
for tho maintenance of the required improvements shall be required prior to the preliminary
acceptance of the completed required improvements.
3.2.6.5.3 Procedures for Accentance of Reo.uired Imnrovemenls. The applicant shall submit the following
data, certifications, inspections and documents for review and approval by the Development
Services Director prior to the Board of County Co~ssioners denying, granting, or granting with
conditions pre!irninary acceptance of any completed required improvements and prior to
authorizing the Development Services Director to issue any building permits for structures to be
constructed within a subdivision ~ development.
1. . Maintenance Anreement and Subdivision Performance ,~'curitv. Tho applicant shall
execute a maintenance agreement guaranteeing the required improvements against defect
in workmanship and material for the period beginning upon preliminary acceptance of all
completed required improvements by the Board of County Commissioners and ending
upon £mal acceptance of the required improvements. Tho maintenance agreement shall
Colfler County $-!$ October JO, 1991
I. and Development. Code
bo submitted to tho i:~volopment Service~ Director along with ~e completion c~rtificate,
development records and subdivision perfo .rn~ce security f6r maintenance of tho
required improvements in an amount equal to ten percent (10%) of the cost of required
improvements. The subdivision performance security shall be in a form ~stablished by
the Development Services Director from time to time and as shown in Appendix A. The
maintenance agreement and security shall be approved by the County Attorney prior to
acceptance by the Board of County Commissioners. ~
2. Acct~tance of Dedication and Maintenance of Im~rove~nenl. s. The dedication of public
spaces, imrks, fights-of'Way, easements, or required improvements shall not constitute
aa acceptance of the dedication by the County. The acceptance of the dedication shall be
iadicated by a resolution adopted by the Board of County Commissioners indicating that
the applicant has attested that all required improvements meet or exceed the st~ndarda
established by this Division. Such resolution shall be prepared by the Development
Services Director after all of the procedures and requirements for preliminary acceptance '-.
of the required improvements have been met to the satisfaction of the Developmenl;
S~rvice~ Director. It
3. Com~letlon Certificate. Record Imurovemmt Hans and Su~_oortlve Docum~. The
required improvements shall not b~ considered completz until a statement of substantial
completion by thz applicant's professional en~4neer of record along with the final
development records have been furnished to, reviewed and approved by the Development
Services Director for compliance with this Division. The applicant's professioi~! engineer
of record shall also furnish one (I) set of record improvement plans on a mylar or similar
ncceptable material, with a minimum of two (2) mil thickness, and two (2) sets of
certified prints acceptable to th~ Development Services Director, showing the original
design in comparison to the actual lrmished work. The mylars shall be labeled as record
drawings on each sheet prior to printing of the required sets of prints. In addition, a copy
of applicable measurements, tests and reports made on the work and material during the
progress of.the construction must bz furnished. The record construction data shall be
certified by the applicant's professional engineer and professional land surveyor and shall
include but not be limited to thz following items which have been obtained through
surveys performed on the completed required improvements:
a. Roadway centerlinz elevations at all intersections and at a minimum at all points
of vertical intersection (PVI) along the roadway.
b. Invert and inlet elevations of all water management structures, including
catchbasins, all junction boxes, headwalls, inlets, and the like.
c. All record drawing data for water and sewei' facilities pursuant to the provisions .
of Collier County Ordinance No. 88-76, as amended..
d. Centerline inverts on all open swales at high and Iow points and at one hundred
foot (100') stations along centerline.
County $-16 October JO. 1~ i
DfvLIf~ $.2
e, The following data shall be submitted in report form for the acceptance of
streets, roadways, alleys or tha like for maintenance purposes:
{!) Name of subdivision, block, plat book and page of recording.
(2) Name of each street proposed to be accepted for maintenance purposes.
(3) The beginning and ending point for each street proposed to be accepted.
(4) The centerline length of for each street proposed to be _-ccepted
(5) The number of lanes for each street proposed to be accepted.
3.2.6.5.4 R~0rdation of Final Subdivision Hat Rems_ired. If the final subdivision plat has not been
previously recorded in conformance with the required review and approval process e~tablished in
this Division, the original approved final subdivision plat, with all required signatures, other than
those from Collier County, shall be submitted for recordation at the time of preliminary
acceptance of required improvements.
3.2.6.5.5 ~. Preliminary and final inspections of all required improvements satisfactory to the
County shall be required. Preliminary inspection of the completed required improvements shall
be required prior to any conveyance to or acceptance by the Board of County Commissioners of
any required improvements and the granting of preliminary acceptance. During preliminary
inspection, the required improvements will be checked for compliance with the approved
improvement plans. In addition, revisions or deviations from the approved improvement plans
shall be identified and explained in writing by the applicant's professional engineer of record. All
required improvements shall be in full compliance with the approved improvement plans and
record improvement plans prior to submission to the Board.
Thc final inspection shall be conducted no earlier than one (1) year after preliminary acceptance
of the required impr.ovcments by the Board. During final inspection the required improvements
will be examined for any defect in materials and workmanship and for physical and operational
compliance with the record improvement plans. See Sec. 3.2.6.5.7 regarding thc procedure
required to obtain final acceptance of the required improven~nts.
3.2.6.5.6 F~'elimiolirv Acceotance. Upon satisfactory completion of the required improvements, as
evidenced by the compliance with Secs. 3.2.6.5.1 through 3.2.6.5.5, the Development Services
Director, shall, if in agreement, certify that the applicant has complied with all of the provisions
of this Division. Upon such reconunendation from the Development Services Director, the Board
of County Commissioners by resolution shall preliminarily accept the required improvements,
acknowledge the dedications of the final subdivision plat, establish the responsibilities for
maintenance of the completed improvements through the. execution with the applicant of a
rnaintenanc~ agreement and the posting of a subdivision perfornumcc SeCurity for maintenance of
required improvements in an amount equal to ten percent (10%) of thc sum of thc construction
costs for all on-site and off-site required improvements based on the applicant's engineer's opinion
of probable construction costs or contract bid price and grant preliminary acccp!ance of thc
completed required improvements. The date of this action shall designate thc commencement of
Collier Coum~ ~-I ~ October JO. 191)1
~ DeYelopmen: Code
,oo, {}49 358
the r~iuired maint~mnce period pursuant to Sec. 2~.2.6.$.3. Until preliminary acceptance is
granted, Final Certificat~ of Occupancy shall'not be issued by the. Development Sm'vicea
Director.
3.2.6.5.7 ~_lll~~. Upon expiration of the minimum one (1) year maintenanc~ I:~'iod and al~-r
eatisfactory completion 0fall final inspections, the Development Services Director st~ll notify the
applicant in writing that ~ acceptanco of the required improvements l~s been gra~ted, notify
all affected County agencies of their final maintenance r~sponsibilitiea, and instruct tl~ Clerk of
the Court to r~um the remaining maintenance security held by the County.
3.;Z.6.6 Vacation and Annulment of Subdivision Hats. Vacation and annulment of a subdivision plat
shall be in accordance with Sec. 177.101, Florida Statutes, u amended.
SEC. 3.2.? ]~,ELIMINARY SUBDIVISION PLAT.
3.2.?.1 l~,iiminarv Subdivision Plat Submission Requirements. A preliminary subdivision plat
application shall be subwltted for the entire property to be subdivided in t~ form estab~i~ed b~
the Development Services Dim:tot and shall, at a minimum, include ten (10) copies of thn
preliminary subdivision plat unle~ otherwise specified by the Development Services Director. The
preliminary subdivision plat shall be prepared by the applicant's engineer and surveyo}. Land
planners, I~ndscape architects, architects, and other technical and professional persons may mist
in the preparation of the preliminary subdivision plat. The preliminary subdivision plat shall be
coordinated with the major utility suppliers and public facility prov!ders applicable to the
development. Provisions shall be made for placement of all utilities underground, where pomsible.
Exceptions for ove~e~ installations may be considered upon submission of sound justification
documenting the need for such installation. Tbe preliminary subdivision plat shall include or
provide, at a minimum, the following information and materials:
3.2.'/.I.1 A prelimi~ry subdivision plat sl~ll consist of a series of n~pped information sheets on only
standard siz~ 24' x 3t~' sheets to include, but not be limited to, the following:
1. Cover Map Sheet;
2. Doundary'~nd Topographic Survey;
3. Preliminary Subdivision Plat with right-of-way and lot configurations
4. Natural Features and Vegetative Cover Map;
5. Master Utilities and Water Management (Drsinage) Plans;
6. Aerial Map;
?. Standard right-of-way cross-sections and appropriate design details.
The above mapped information may be combined on one or mom maps if determine~ appropriate
by the Development Services Director.
-j
Collier ~ October JO. 1~1
3.2.7.1.2 Name of subdivision or identifying title which shall not duplicate or closely approxi mate the name
of any other sulxfivision in the incorporated or unincorporated area of Collier County.
3.2.7.1.3 A vicinity plan showing the location of the tract in reference to other areas of the County.
3.2.7.1.4 North arrow, graphic scale and date.
3.2.7.1.S Name, address and telephone number of the developer, along with the name and address of the
registered engineer and registered surveyor responsible for the plat and supporting data.
3.2.7.1.6 The location and names of adjacent subdivisions, if any, and plat book and page reference.
3.2.7.1.7 The tract boundary with bearings and distances along with written description and location relative
to section comers.
3.2.7.1.8 Topographical conditions on the tract including all the existing watercourses, drainage ditches and
bodies of water, marshes, ' wetlands, possible archaeological sites and oth~r significant features.
3.2.7.1.9 All existing streets and alleys of record on or adjacent to the tract including name, right-of-way
width, street or pavement width and established centerline elevation. Existing streets shall be
dimensioned to the tract boundary.
3.2.7.1.10 Ail existing property lines, easen~nts and rights-of-way of record, their purpose, and their effect
on the property to be subdivided.
· 3.2.7.1.11 The location and width of ali proposed streets, alleys, rights-of-way, easements and their purpose
along with the proposed layout of the lots and blocks. Proposed street names shall be identified
on all public or private thoroughfares. Typical right-of-way and pavement cross-sections shall be
graphically iljustrated on the prelimintry subdivision plat, showing the location of sidewalks, bike
paths and utilities.
· 3.2.7.1.12 The incorporation and compatible development of present and future streets as shown on the
Transportation Element of the Collier County Growth Management Plan, when such pi'eseni or
future streets are affected by the proposed subdivision.
3.2.7. i. 13 A .ccess points to collector and arterial streets showing their compliance to the access requirements
established by this Division or a zoning action previously approved by the Board of County ·
Commissioners.
3.2.7.1.14 Ground elevations based on the NGVD. However, information pursuant to Sec. 3.2.7.1.8 may
suffice for this information requirement where spot elevations have been provided in sufficient
number and distribution on a boundary survey map.
3.2.7. !. 15 All existing drainage district facilities and their ultimate right-of-way requirements as they affect
Collier Counr~ S.19 October $0. 1991
Land Development Code
3.2.7.1.16 Generalized statement of subsurfaco conditions on the I'~, location and reSUlts ofte~ made
to ~ subsurface soil conditions and ground water depth.
3.2.7.1.17 Zoning classification of the tract and all contiguous pro~rties, and, if ai~plicable, a reference to
the planned unit development or zoning ordinance, by project name and ordinance number, shall
3.~.7.1.18 Utilities such aa telephone, power, w~ter, sewer, gaz, and the like, on or adjacent ~o the tract
including existing or proposed water and sewage treatment plants. The preliminary subd~.vision plat
r,~ll contort a statm~ent that all utility services shall be available and have been coordinated with.
all required utilities. Evidence of such utility availal~ility shall be provided in writing from each
utility propo~ to service the subdivision.
3.2.7.1.19 Sites proposed for parks, recreational areaz, and school sites or the like in _-ccordance with any
existing ordinances requiting such a dedication.
3.2.7.1.20 Typical lot configurations shall be iijustr-_~_~ and the minimum area of the lots required by the
approved zoning claasification shall be ref~.c_~_ by note. Lot ar~s and lot dimensions may be
shown on a legend aa oppu~d to notation on each lot. k
3.2.7.1.21 An environmental impact statement pursuant to the appropriam section of this Code, exvept that
the applicant may r~quest an admlni~trative waiver of this provision wher~ it is apparent that no
environn~ntal degradation will rmult from the development of the land or wheru a prior
environmental impact assessment was prepared for the same area of land within five (5) years
from the date of submission of the preliminary subdivision plat.
3.2.7.1.22 Locations of all w~tlands, archaeological sites, endangered or thrmttened species, on the parcel.
The following Natural Festuro Map shall be provided, az required, based on the natur~ of the
property in que~ion:
3..2.7.1.22.1 A map of all wetland ares locations as delineated by all agencies having jurisdiction over such
wetlands;
3.2.7.1.22.2 A map of all archaeological site locations as delineated by a professional ar~hacologist, a
regulatory agency ~r a stato-m:ognized archaeological group
· 3.2.7.1.22.3 A map of all locations of other natural restores as required by Development Services Director or
any other regulatory agency having jurisdiction over such features.
3.2.7.1.22.4 A map of all locations of colonies, burrows and nest trees of all endangered, threatened, or
species of special concern. Such map shall be based upon delineation criteria of the appropriate
governmental or regulatory agencies for such species.
3.2.7.1.2.3 The location of buffered areas required by Subsection 3.2.8.3.4 shall be iljustrated and
dimensioned if appropriate at this time.
Collier ~ J-20 October $0. 1991
[.~snd Dt~lopment Codt
3.2.7.1.24 A subdivision that. generates one thousand (1,000) ADT (Average Daily Trips) or one hundred and
fifty (150) vehicles per hour, peak hour/Peak season shall submit a traffic impact analysis. The
traffic iml~ct analysis shall be pre. red by a~ engineer and shall be used to determine the number
of lanes and capsclty of the strect system proposed or affected by the development, based on
ultimate permitted development.
3.2.7.'1.25 A master walet management plan outllnlpg the existing and proposed surface wat~-r courses and
their principal tributary drainage facilities needed for proper drainage, water management and
development of the subdivision. The master water management plan for projects that are 40 acres
or less shall consist of a plan and report with preliminary design calculations indicating the method
of drainage, existing water elevations, recurring high water elevations, the proposed design water
elevations, drainage structures, canals, ditches, delineated wetlands, and any other pertinent
information pertaining to the control of storm and ground water. For projects that are greater tlum
40 acres, a South Florida Water Management District Conceptual Permit submittal or Staff Report
with plan, or above equivalent, shall be required. The master water numagement plan and data
submitted shall be consistent with the 'Content of Application" submissions required by the South
Florida Water Management District (See Rule 40E, F.A.C., as amended). In 'cases where
modificatlons or improvements are not planned for existing major water courses and their principal
tributary drainage facilities, this requirement may be accomplished by so indicating on the
preliminary subdivision plat.
3.2.7.2 ~. The Development Services Director has the authority to approve requests for
substitutions to the deaign standards contained in Sec. 3.2.8.4 provided those requests are based
on generally accepted, sound ~nd safe, professional enginetwing principles and practices. Requ~ts
for substitutions shall be made in w~ting and shall provide clear and convincing documentation
and citations to professional engineering studies, r~rts or other generally accepted professional
engineering sources to substantiate the substitution requezted.
3.2.7.3 Effect and Limitation of Aooroval of Preliminary Subdivision Bat.
3.2.7.3.1 Pre-Condition for Imorovement Plans and Final Subdivision Plat. Only after approval of the
'. preliminary subdivision plat shall the applicant be entitled to submit to the Co.unty .the
improvement plans and final subdivision plat as required by th~s Division. No improvement plans
or final subdivision plat shall be accepted for review unless the preliminary subdivision plat has
been approved and remains valid thd in effect.
3.2.7.3.2 ~. It is hereby expteuly declared that the intent of this Division is lo create no
vested rights in the applicant or owner of property which obtains approval of a preliminary
subdivision plat, and the County shall ~ot be estopped to subsequently deny approval of the
improvement plans and final subdivision plat based on changes in federal, state ot local laws or
regulat!ons, or upon any other facts or circumstances subsequently arising or considered which
would adveraely affect the feasibility or desirability of the preliminary subdivision plat, nor shall
the County be e~topped to deny any rezoning in which a preliminary subdivision plat is submitted
in support of such rezoning.
3.2.7.3.3 ~,_~t~l~. Refer to the provisions of Sec. 3.2.6.3.
Colfl~r Coum7 $-21 . October JO, 1991
Lcmd Dewlopmem Code
3.2.?.3.4 ]~elationshio Io Site Develomnent Plans.' Anything contained elsewhere in this Code to the
contrary notwithstanding, no major final or minor site development plan shall be accepted for
review prior to preliminary subdivision plat approval, except where no preliminary subdivision
plat is required under a minor subdivision. Further, no final site development plan (whether minor
or final) shall be approved prior to recordation of the final subdivision plat.
3.2.'7.3.5 Relationshi_o to Zonine and Planned Unit Develo_oments. Anything contained elsewhere in this
Code to the contrary notwithstanding', no preliminary subdivision plat shall be approved prior to
final approval of the zoning or planned unit development for the proposed subdivision; provided,
however, the zoning or planned unit development application and the preliminary subdivision plat
may be processed concurrently at the written request of the applicant to the Development Services
Director. No improvement plans or final subdivision plat shall be accepted for review prior to
final approval of the zoning or planned unit development for the proposed subdivision and
approval of the preliminary subdivision plat.
3.2.7.3.6 Aooroval of lmorovernent Plans and Final Subdivision Plat Reouired Prior to Development.
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 without the written approval of the Development
Services Director.
3.2.7.4 Inte~zrated Plutsed Develooments. A preliminary subdivision plat application shall be submitied
in accordance with Sec. 3.2.7 for any integrated phased development, unless the Integrated Phased
Development is within an area which has been previously approved as part efa preliminary
subdivision plat and the final subdivision plat thereof has been recorded; ,amy individual phase
of an integratect phased development shall be reviewed in accordance with Sec. 3.2.4.4.
'SEC, 3.2.8 IMPROVEMENT PLANS.
"3.2.8. I General Renuirements. Improvement Plans for all of the improvements required by this Division
shall be prepared, signed, and sealed by the applicant's professional engineer. A minimum of five
(5) sets of improvement plans shall be submitted to the Development Services Director and shall
include, but not be limited to, ~onstruction drawings, written technical specifigations, the
professional engineer's opinion of probable cost to construct the required improvements, design
computations, all necessary supportive documentation, and any other information set forth in this
Sec. 3.2.8. Th~ improvement plans and other required submissions shall be so complete that from
them a thorough review and analysis ma), be made. The improvement plans shall be transmitted
under one cover t'or the following improvements, where appllcahle:
3,2.8.1.1 Streets, paving, grading, and water management (drainage);
3.2.8.1.2 Bridges;
3.2.8.1.3 Water and sewerage systems, including, where applicable, water reuse/irrigation pumping, storage
and transmission/distribution systems;
Collier County $.22 ()ctob~r JO. 1991
~ D~,v~lopm~nt Code '~
3.2.8.1.4 Street lighting, landscaping within public fights-of-v/ny, parks, recreational areas and parking
areas. Plans for street lights shall bear tbe apprm/al of the requis, ite utility authorities involved.
If the stree4 lighting system is to be privately owned and maintained'by a property owners
association or similar entity, it shall 'be designed by the'~pplicant's engineer.
3.2.8.2 Improvement Plans Submission Reoulr~rnen~. The improvement plans shall be prepared on 24'
x 36' sheets and shall, at a minimum include, but not be limited to:
3.2.8.2.1 A cover sheet, including a location plan.
3.2.8.2.2 Improvement plans, design r~-ports and specifications detailing/showing complet~ confi~urstions
of all required impmvemmts including, but not limited to, all water, sewer, rost~s, water
management systems, and all appurtenant facilities, public or private. The complete calculations
used to design these facilities shall be included with the improvement plans. If the develOpment
is intended to be in phases, each phase boundary shall be clearly delineated.
3.2.8.2.3 A detailed water n~lmagement plan in accor~ with the master water n~magernent pla~ "-'
approved in the preliminary mi)division plat showing the complete water management system
including, trot not limited to, closed dminagn areas, design high water, recurrinI high water,
acreage, and the compatibility of drainage of surface waters into adjacent 'or large(, 'water
managem~t systems. The complete calculations used to design the system shall be provided for
projects 40 acres or less. For projects &q'eater than 40 acres the Applicant shall, initially provide
with the submission the $1~i) Construction Permit Submittal. Prior to approval the applicant
shall provide the staff report and early work per~t or construction permit.
3.2.8.2.4 Typical design sections (e.g., r~y cros~sections) and mmmary of quantities and sizes of
required imi~'ovements.
3.2.8.2.5 Construction details showing complian~ with applicable federal, state and local standards.
3.2.8.2.6 Plan and profile sheets, s~g roads, water, sewer, conflict crossings, drainage and other
unique situations.
3.2.8.2.7 A clearing plan for. those areas where improvements are to be'constructed, with a maximum limit
of ten feet (10') beyond any approved rights-of-way line or five feet (5') beyond any easement ·
llne, unless other~so approved by the l~}evelopment Services Director pursuant to Sec. 3.2.7.2.
3.2.8.2.8 Bench n~rk, based on NOAA datum (N.O.V.D.).
3.2.8.2.9 Soil analysis, showing the locations and results of test borings of the subsurface condition of. the
tract to be developed.
3'.2.8.2.10 The improvement plans and attachments shall address special conditions pertaining to the
subdivision in note form on the improvement plans, including statements indicating:
3.2.8.2.10.1 Required complianc~ with special conditions of this Division.
Collier County 3-2) Octo~r JO, 1991
Land Development Code
3.2.8.2.10.2 Wh~re ~plicable, required complim~ with federal, sta~ ~d Ioc.~l sUndards u curtly ~opt~.
3.2.8.2.10~ ~ of ~ ~ ~ ~
3.2.8.2.10.4 R~ ~l~i~ of ~~ ~i~ ~h ~ ~ l~, ~ I~, ~blic utiliti~
~ ~ d~gz ~ ~ ~i~ of ~b~ ~d ~y ~tmction.
3.2.8.2.11 ~1~ ~ ~ ~ifi~i~ f~ ~i i~~ ~ui~ s~! ~ ~b~t~ ~ a
~ ~ d~t, si~, ~ ~ by a~li~t's pmf~o~ ~gin~. ~
3.2.8.2.12 ~1 ~cl~t ~, ~el~t ~ ~ ~i~ ~ (i.e., ~el~t o~
~ ~ i~ by I~, m~ ~ f~ a~i~) ~ch ~ui~ appeal ~ si~m~ by a
~ty o~ci~, ~ ~e ap~a~ num~ of ~i~, s~il ~ ~b~t~ ~ ~e i~e~t
pl~.
3.2.8.2.13 D~il~ byd~ulic d~i~ ~ti~ mili~ ~ ~i~ ~ ~ ~d ~ f~iliti~ ~la~
by ~ ~ty ~ ~ ~ge~t f~iliti~ f~ ~e ~ivisi~ ~ d~el~t.
3.2.8.2.14 ~e ~i ~ivisi~ pl~, ~ ~ ~f~ ~ ~ a~ p~li~'~i~si~ plat
~d ~ ~ ~ivisi~ pl~ ~i~ ~ ~ ~. 3.2.9, ~t ~ ~z p~visi~ of
~. 3.2.6.3.2. x
3~.8.2.15 S~ of ~1 o~ ~ui~ ~ ~l~g ~i~ of ~f~ti~ ~d ~m ~b~ ~ ~e
~da~ ~g again.
3~.8.2.16 F~ ~fo~ ~ ~m ~S ~ ~i~ ~g ~ aff~t~g ~e pmj~t sim.
3.2~8.2.17 A ~il ~i~ ~d ~i~t ~! pl~ ~t m Div. 3.7.
3.2.8~ R~ ~p~v~. ~ foll~g i~e~ ~ ~s ~. 3.2.8.3 a~ ~i~ ~
~j~ti~ ~ ~e ~iHsi~ ~ ~el~t of ~y ~d all p~ ~t m Div. 3.3
~ ~e ~~ ~ of ~lli~ ~. ~e ~ui~ impmve~ s~ll ~ comple~
p~or ~ ~r~ti~ of ~e fi~ ~ivisi~ pl~ ~1~ ~e a~li~t s~ll file wi~ the ~unty a
~ivisi~ ~o~ ~W in ~z of ~ fo~ p~ ~ ~is Division to ~ ~
~llation of ~e ~ui~ i~mve~. ~y ~ui~ i~mve~n~ shall ~ d~i~ ~d
~tmc~ ~ ~~ ~ ~e d~i~ ~i~ ~d ~ifi~tions of the entity having
~ibility f~ approval, ~l~g ~i f~l, ~, ~d 1~1 ag~ci~. ~e~ appeal of a
final ~ivisi~ pl~ ~d i~e~t pl~ ~111~ to the I~el of m~ice ~or ~y public f~ility
~g ~ ~1~ the l~el ~bli~ by the Gm~h M~agc~t PI~ for Collier County,
the County ~11 d~y a~ ~ p~ ~ d~elop~t ~til ~e ~ui~n~ of ~e ~llier
Cowry Ad~ ~blic F~iliti~ ~i~ ~ i~ ~r ~ ~ncti~ a~ met.
3.2.8.3.1 A~ to ~blic Roa~. ~e ~ ~m of a ~ivision appmv~'pu~t to this Division
s~ll ~ ~ to a public ~, ~cb is ~te or ~ ~in~n~, ~ ~te ~p~ity
~ dcfm~ by ~e G~h M~ge~t PI~ to ~t the t~c volu~ g~erat~ by the
pm~ d~elop~t. P~ ~elop~ ~ing ~blic m~ shall ~ ~bj~t m the
r~ui~ of ~ Collier ~nty Ad~m ~blic F~iliti~ Ordi~ce. ~e co~tion of ~y
Co/tier Coumy J-24 Ocm~r $0. 1991
~ Dewtop~u~u
pro~x~ to · publi(~ or private ~ shall bo ~awied out in conformance with ~ollicr County
Ordinance No. 82-91, as amended.
3.2.8.3.2 Aile~. Alleys may be provided in industrial and commercial subdivisions when they are
det~mfined necessary .because ofpriorconfiguoua development. Otberwise,.the provision of alleys
is optional. Alleys shall be for ono-way traffic only and shall have the appropriate directional and
instruction slgnage installed. Alleys shall only be utilized for traffic circulation flow to or from
any property to be developed for deliveries, solid waste collection, employee perking an~ the like.
3.2.8.3.3 Brid~es and Culverts. Where a subdivision or development includes or requires -__c¢_-.ss across
canals, water courses, lakes, streams, waterways, channels, or the like, bridges or cul~,erta shall
be provided to implement th~ proposed street system. The bridge or culvert design shall be
prepared by a professional engineer. "
3.2.8.3.4 ]~.llff. lf_~tl:ll~. Subdivisions or developments shall be buffered for the protection of property
owners from surrounding land uses as required per Division 2.4, which shall be shown and.
designated on tho plat as a tract or easement. All lan,l__,c_~_pe buffer areas shall b~ b:quired,
designed and constructed in compliance with Div. 2.4. These landscape buffer areas shall not be
located on any public or private right-of-way. The ability to locate buffers within a pla, trOd or
recorded easement shall be determined pursuant to the provisions of Division 2.4. Buffers adjacent
to protected/preserve areas shall conform to the requirements established by the agency requiring
such buffer. If acceptable to the initiating agency, such buffers may be included within the
boundaries of development percels or Iota, which shall be shown and designated on the plat as a
tract or easement.
3.2.8.3.5 Canals. Any canal which forms a part of the public water management system shall be dedicated
for care and mainteaance per the requirements of the governmental agency which has jurisdiction.
Canals located entirely within tim subdivision and which do not form a part of the public water'
management system shall be dedicated to the public, without the responsibility for maintenance,
as a drainage easement. A maintenance easement, of a size acceptable to the Development
Services Director or other Governmental agency with maintenance responsibility, shall be provided
adjacent to the established drainage easement, or the drainage.easement created mt/st be of a size
suitable for the proposed canal and its maintenance.
3.2.8.3.6 Clearin~. Gradin~ and Fillim,_, A sim cleating plan shall be submitted to the Development
Services Director for review and approval prior to any clearing, grading or fillingon the property.
This plan may be submitted in phases to coincide with the development schedule. The site clearing
plan shall clearly depict how the improvement plans incorporate and retain native vegetation.
3.2.8.3.7 Dralna~e fWater MananemenO. An adequate water management system, including necessary
open swales, ditches, storm sewers, drain inlets, manholes, headwalls, endwalls, culverts, bridges,
retention basins, water level control structures and other appurtenances shall lags required in all
subdivisions or developments for the management of surface water and groundwater. The water
management system shall provide for stormwaters affecting the subdivision or development and
shall be in compliance with applicable federal, state and local design regulations and specifications.
Cotller Cmmot J-25 October JO, IPgl
~ Devdopmem Code
3.2.8.3.8 Easem~. If applicable, easements shall bo provided along lot lines or along the alignment of
the improvements requiring easements in accordance with all design requirements so u to provide
for proper access to, and construction and maintenance of, the improvements. All such easements
shall be properly identified on the preliminary subdivision plat and dedicated on the final
subdivision plat.
3.2.8.3.9 Elevation. Land F'illin~. Excavation and Demolition. The elevation of all building sites and
public or private roadways included within a subdivision or development for which a:use other
than consm'vation or recreation is proix)sed shall be not less than five and one-half feet (5~,~')
NGVD when completed, or to such minimum elevations above the established NGVD datum as
adopted by the Board of County Commissioners, FEMA/FIRM, or the South Florida Water
Management District. Ail lawful regulations with reference to bulkhead lines, salt barrier lines,
and other appropriate regulations regarding land filling, conservation, excavations, demolition, and
related regulations shall be observed during the construction of any improvements within Collier
County.
3.2.8.3.10 ]F_li~. Fire hydrants shall be provided at no cost to the County in all subdivisions and
developments. In all cases, fire hydrants shall be provided and spaced in the manner ~escribed
by the design requirements of this Division.
3.2.8.3.11 ' Monuments and Control Pot,t,~. Permanent monuments and control points shall be set as
prescribed by Chapter 177, Florida Statutes, aa amended. Details pertaining to their type and
location shall be in full compliance with the provisions set forth by these regulations and those
prescribed by Chapter 177, Florida Statutes, as amended.
3.2.8.3.12 Parks. Protected Areas. Preservation Areas. Conservation Area.,,. Recreationnl Areas. and
School Sites.
1. Parks. Protected Areas. Preser, atlon A _re,_,~= Conservation A .r~,,, Parks, protected
areas, preservation areas and conservation areas shall bo dedicated and/or conveyed in
accordance with applicable mandatory dedication requirements and regulations of federal,
state and local agencies.
2. ]~al~l:l~,gi~. Recreational areas shall be dedicated and/or conveyed in accordance
with applicable mandatory dedication and/or conveyance requirements and regulations of
federal, state and local agencies.
3. School Sites. School sites shall be dedicated and/or conveyed in accordance with
applicable mandatory dedication and/or conveyance requirements and regulations of
federal, state and local agencies.
3.2.8.3.13 Plantlmts. Trees. and Grass. All rights-of-way and easements for streets, avenues, roads,.drives,
and the like shall be planted with trees, grass or other suitable vegetation on both sides in
accordance with the specifications, limitations, procedures, types and intervals set forth in the
appropriate County regulations and requirements, including but not limited to Div. 2.4 and the
Right-of-Way Construction Handbook, Collier County Ordinance No. 82-91, as amended. All
unpaved areas within rights-of-way shall be stabilized by seed or sodding of cultivated grass
Collier
~oumy $-26 October $0. 1991
Land Development Code
E)ft'~d(m $.2 $~bdlvfdo~
,pecic~ ~ui~mhlo lo the arum. The ~xldinl of- = f~ (I') wi~ .trip mlon% the h~k o~ curb or
for ~i~ ~ml.
3.2.8.3.14 ~. ~y ~i~t~ ~el~t ~ ~ivimi~ ~ich will ~vo m clubbo~,
~~ ~ti~/~blic ~ild~g/~blic ~m or si~ar ~n f~ility, ~11 not m~ m
all~ ~h f~ili~ ~ ~ utili~ ~ a ~ll~g pl~ for ~ty, S~, City ~d/or F~ el~tio~
~ ~e &y of ~d el~ti~. S~d fgili~ ~1 ~ ~fic~ ~ vming ~ly ~d s~ll not ~cl~e
~I~ ~l~i~ ~ ~e ~~t ofv~ ~s. ~ly q~lifi~ el~to~ who a~ non-~id~
of ~ d~el~t ~11 ~ ~I~ ~ ~ a '~id~ ~ly" develop~t for vot~g
~s ~m~t~t ~! ~ ~~ ~gh ~ agent ~ in ~o o~ci~ ~ of ~e
~c~ of ~e Ci~it ~ of ~lli~ ~, ~ch s~il ~ b~d~g u~ ~y ~d all ~~
~ in~ ~ ~uim ~p of ~h ~ a~ includ~g, ~t not li~t~ m,
~ndo~um ~i~i~, ho~ ~iati~, or ~ ~iatio~. ~s a~nt ~11
p~ide f~ ~d clubh~; ~ty ~ti~blic ~ild~g/~blic ~m or si~lar ~n
f~illty to ~ ~ for a ~ll~g pl~ if ~n~ m ~ n~ by the Su~i~r of El~ti~.
~e Su~i~ of El~ti~ ~ll ~ ~ible.f~ a~g~g ~ of ~id clubho~, ~ty
~ti~/public ~ild~g/~blic ~m ~ o~ ~ f~ili~ f~ a ~lling pl~ ~ ~e rarity
w~ ~ls ~d ~m~ f~ili~ ~ m ~e el~ti~.
3.2.8.3.15 S~ ~ S~. A ~I~ ~ ~ll~ti~ ~d t~ion sy~m ~d ~m
~ge t~t ~ di~ f~ilitim, if ~, ~! ~ pmvid~ by ~e a~li~t, for ~1
~ivisi~ ~ o~ ~ of d~el~t. ~1 f~ilitim ~11 ~ d~i~ ~ ~~ ~
f~c~, sa~ ~d I~ ~uim~n~. ~ ~ui~, ~e ~ge ~ll~tion ~d t~ion
f~ilitim s~l ~ ~vey~ m ~lli~ ~, or ~e ~lli~ ~ Wa~-S~ Di~gct or
d~d~t district where a~da~, u~ ~mpletion of co,traction pu~t ~ ~ty
Ord~ 88-75, ~ a~d~.
· . If ~ ~t~ ~ f~iliti~ ~ not av~lable m ~t ~, ~e ~age ~il~tion ~d
t~i~ f~iliti~ ~vey~ m ~ ~W ~11 ~ I~ m ~e applier of ~e' in~fim
~ge mt~t f~ilitim, ~ ~ti~ ~d ~tm~ ~i~iliti~, until ~e Co~ty's .
~t~! ~r f~ilitim ~ avail~le for ~tio~. ~1 ~r f~iliti~ s~ll ~ ~~ ~d
o~ at no ~ ~ ~e ~, ~ a ~ ~ ~ ~e ~ti~ ~d ~m
for ~ge ~ll~ti~ ~d t'~i~ f~iliti~ ~d ~ge t~t~t f~ilitim ~in~ by ·
~llier ~ty. or the ~lli~ ~unty Wa~-~ Dis~ct, ~til co~tion to ~e County's
~nt~l f~iliti~ is ~e. ~y intern ~ge t~t~t f~ilitim ~, o~t~ ~d ~in~
by the appli~t, or ~eir ~ ~d ~i~, shall ~ ~don~ ~ ~r~ wi~ ~
ag~nt ~ into ~ ~e ~ty ~ ~e ~lli~ ~unty Water-S~r DistHct ~d the
appli~t prior to ~e appmvd of i~mve~t pl~ pu~t to this Division ~d to ~e
~uim~ of ~lli~ ~ty ~i~ 88-75, ~ a~nd~.
In ~e ev~t ~divid~! ~ge f~ilitim d~i~ in ~~ ~th ~ptcr lODe, F.A.C., i.e.
~ptic syste~, am all~ ~dcr ~ui~ s~te ~d I~1 ~lati~s on ~ interim btsis, the
Collier C. me~ $-27 Ocwber $O, 1991
Land De~lopmenz Code
,oo 0 :9 366
Dfvfdo~ $.2 $~bdlvfd~
Developer ~11 construct · "dry' sewage collection ~md transmission system for future connection
to the County'· c. entmi sewer facililies, ~ ay,il·bio ~o serve the sulxiivision or development.
Any such 'dry' sewer facilities shall be designed and constructed in accordance with the
requirements of*the County Ordinance 88-76. as amended. Operation and maintenance
responsibilities for the 'dry' facilities shall be specified pursuant to a lease agreement with Collier
County or where applicable the Collier County Water-Sewer District. When County central sewer
facilities ar~ available to connect the 'dry' system, connection shall he completed within 90 days
from approval of improvement plans for those facilities by the County Utilities Division. The
terms and conditions controlling the connection shall be contained in an agreement between Collier
County, or the Collier County Water-Sewer District where appropriate, and the applicant which
must be catered into prior to the approval of the improvement plans. Upon connection to the
County's central sewer facilities, all individual sewage systems shall be abandoned in the manner
required by federal, state and local regulations.
O~site sewage disposal systems may be utilized if permitted by thc Collier County Grov4h
Man·torrent Plan and where the conditions of FAC 10D-6 can be satisfied, in the event the lots
· re sized such that 10D-6 do~s not reqqire central sewer or water, or if th· lots are sized such that
only central water and no ,,~.wer is required, construction of · 'dry system' will not be required
unless Collier County can confirm future service within $ years.
Ali sewage collection and transmission systems, and treatment and disposal facilities shall be
design~cl by the applicant's engineer.
3,2.8.3.16 ~';]~orelin~ and Waterway Alterations and Additions. All requests for the construction of
seswalls, bulkhesds, shoreline and waterway alterations and additions shall be submitted to the
Development Services Director. After review by the D~velopment Servic,~s Director the proposed
facility or alteration shsJI be approved, approved with conditions or denied. The ns~ of vertical
se·walls as a method of protecting shorelines and lands adjacent to waterways shall be discouraged
except for development lakes, and applicants shall be encouraged to utilize alternate methods of
accomplishing shoreline protection and waterway facilities installation. Whenever possible, all
proposed construction of se·walls, bulkheads, shoreline and v;'aterway alterations and additions
shall be designed to ·fiord the maximum protection to the environment of the area. Any state or
federal permits required for construction must be submitted to the Development Services Director
prior to the commencement of construction.
3.2.8.3.17 $idewalks/Bik¢oaths. Sidcwalks/Bikepaths shall be provided for public and private roadways in
conformance with the following cn~teria:
I. Both sides of any street clsmsified higher than a local street (i.e. - collector, arterial).
2. Both sides of any local street longer than one thousand fe~ (1000') in length or when thc
local street connects tw6 local streets (or streets of a higher classification).
3. One side of all other local streets.
4. One sid~ of any cul-de-sac longer than three hundred feet (300') in length.
Collier Coumy $-2,~ ¢~ctober JO. 1~91
Land Development Code
S.. $i~.walks shall not be required on cul-de-saca shorter than three hundred (300) feet in
length.
6. All sidewalks and bikepatl%4 along public and private roadways shall be constructed in
accordance with design specifications identified in Section 3.2.8.4.14 of this Code.
7. Alternative designs for sidewalks and bikepatha in developments with public or privst~
roadways may be provided, subject to approval by the Development Servicea Director
and may utilize, but not be limited to, the following analysis: '
a. A design that natchea tl~ land uso density and intensity of the development
along the street or cul-de-sac. ~
b. A design that matches the expected traffic volumes on the street or cul~e-sac.
c. Design that does not create a safety hazard caused by vehicles parked across the
sidewalk or directing pedestrians or cyclists into high traffic areas. "-'
d. De, sign that does not encouraga additional landscal~ area due to clearing for tho
installation, aesthetic softening or additional hardscape, additional softening of
e. Design that matches tl~ expected damographica of tho development, including
but not limited to considerations such as expected amount of school age children
and active adults.
f. Design that matches reduced speed streets and cul-de-sacs.
g. Design that matches expected atnonnt of utilization by joggers, walkers and ·
cyclists.
h. Design tl~t matches the charnct~r of the development i.o., golf course/country
club community, affordablo housing, priva~ gated communitiea,'etc.
i. Criteria pursuant to the provisions of Section 3.2.7.2.
8. Developments fronting on existing roads shall be required to provide its fair share
portional cost of the sidewalks/bikepaths along tho frontsgn of the development in
conformanco with tho County's Bikeways Program. Developments that provida an
internal bike path system which connects with existing public bicyclo paths may.be
exempt from this requirement by the County's Transportation Services Division if the .
alternative system functionally operates equal to the standards of the County's bikeways,
interconnects with the existing or proposed County bikeway system and will be
perpetually open to the public.
9. Eight foot wide bicycle paths may be provided in lieu of a sidewalk, if not located within
the right-of-way clear zone required in the traffic safety guidelines established by FDOT.
Collier Com~7 $-29' Oc~ber JO, 1~91
10. All residential projects having public or private 'roadways located within · one and one
half (1.5) mile radius from the center of m activity center comprised of commercial,
office, service or recreational ~vity shall provide its fair sham portional cost of the
sidewalks and bikepaths from the d~-velopme~t to the activity center in conformance with
the County's Bikeways Program, subject, to approval by the Collier County
Transportation Services Department.
I I. Developments providing intercounections to existing and future developments pursuant
to the Density Rating System Section of'tho Collier County Growth Management Plan's
Future Lind Use Element, shall include sufficient fight-of-way to accommodate the
roadway, sidewalks and/or bikepatha. Bike paths and sidewalks shall be constructed
concu,,e.,~tly with tho roadway interconnection.
3.2.8.3.18 Streets and Access Imorovernents.
1. All subdivision streets, accesa improvements and related facilities, whether public or
private, required to serve the proposed development shall be constructed by the applicant.
The design and construction of all subdivision streets, access improvementk and related
facilities shall be in conformance with the design requirements, regulations and standards
established in this Division and shall include but not be limited to the pavement structure,
drainage, sidewalks and traffic control/safety devices.
2. The arrangement, character and location of all streets shall conform to the Collier County
Growth Management Plan and shall be considered in their relation to existing and
proposed streete, topographical conditions, public convenience, safety and in their
appropriate relation to the proposed. uses of the land to be served by such streets.
a. Rural type roadway cram-sections shall only be considered for permitting on ·
section and the relationship of tho maximum stormwater flow line to tho bottom
of tho mbbaso course of tho roadway. A detailed design rel~ort documenting
these considerations shall be submitted for r~ew and approval, by .the
Development Services Dir~'tor prior to tho approval of a rural roadway cross-
sections.
b. All existing and futura public and private rights-of-way that am designed parallel
to each other or to the boundary of · subdivision or development, with no
building lots separating them from other rights, of-way or the project boundary,
shall be separated by ·'landscape buffer, pursuant to Div. 2.4. Tho buffer area
in these cases shall bo separately designated on the final subdivision plat as a
tract or easement and shall be dedicated on tho final subdivision plat cover sheet
to tho appropriate property owners association or like entity for operation,
maintenance and upkeep purposes.
c. 'Ali public and private streets requiring a design capacity which exceeds tho
roadway crnss-sections established herein for · minor collector shall bo
Collier County $-$0 October $0, 11~91
I. and Devdopmen[ Code
0 9 369
coordinated by tho Development Services Director with and reviewed and
ipproved by the Transportation Services Division prior to the approval of the
project's improvement plans and final subdivision plat by the Development
Services Director.
As applicable, the installation of turn lanes, storage lanes, deceleration lanes, parallel
service lanes or any other traffic control improvements necessary to provide safe internal
movements or ingress and egress from the subdivision or development to any existing or
proposed street or highway shall be required.
a. If applicable, review and written approval by the Florida Department of
Transportation of the subdivision or development traffic systems for ingress or
egress to state maintained mods shall be necessary prior to approval of any final
subdivision plat and improvement plans by the Development Services Director.
3.2.8.3.19 $11'~2t Names. Markers and Traffic 'Control Devices. Street name markers and traffic control
devices shall be provided by the developer at intersections and locations designated by the
Development Services Director for all affected streets, whether the streets are existing or
proposed. Such markers and traffic control devices shall be installed and constructed by the
applicant to the applicant's engineer's specifications approved by the Development Services
Director for private streets or in conformance with standards and recommendations set forth in
the late. st edition of the U.S.D.O.T.F. II.W.A. Manual on Uniform Traffic Control Devices for
public strata. The Development Services Director shall acc~t alternative specifications on public
streets signage where an acceptable maintenance agreement has been provided.. Alternate
specifications for private street signage where a property owners association or other entity has
maintenance responsibility' shall be approved by the Development Services Director.
Proposal streets which are in alignment with other existing and named streets shall bear the same
name of the existing street. All street names shall have a suffix (i.e., street, avenue, boulevard,
drive, place, court, et.c.) and in no case, except as indicated in the preceding sentence, shall thc
name of the proposed street duplicate or be phonetically similar to existing street name regardless
'. of the use of the suffix.
Ali street names shall be subject to approval by the Development Se~ices Director during thc '
preliminary subdivision plat approval process.
Pavement painting and striping' and/or appropriate reflective edge of public roadway markings '
shall be provided by the developer aa required by the U.S.D.O.T.F.H.W.A. Manual on Uniform
Traffic Control Devices. Where concrele valley gutters border the edge of pavement and for
private roadways, this requirement may be waived by the Development Services Director.
'3.2.8.3.20 ~la:~. Street lights shall be designed and installed utilizing the guidelines of the IES
standards for each street intersection, at required intervals along each street not to exce~ 400 feet
(400') and at tho end of each cul-de-,tac, and may be required at intervals along each street. Such
lights may be required on interior streets, alleys, boundary streets, access paths, and the like.
Collier County $-$1 . October JO. 1991
~ Development Code
Wherever, in the opinion of I1~ Development 5ervicea Director, ba~d on ~n engineer'.
d~-rmination, · dangerous condition i~ crested by sharp curv~, irregularitiea in strut alignment,
or other similar circumst~ces, additional lights may be required. Strut lights and mounting poles
shall be wired for underground service. All conduits and c~ing to be pi·Fed under the roadway
required for the lights must be installed during each construction pha,,e prior to roadway subba.~
completion. Street lights shall be designed and installed in either of two (2) ways:
1. Where street lights are to be installed on private streets, the developer', through an
electrical engineer registered in the State of Florida, shall design and install the street
lighting system subject to the approval of the Development Services Director. Upon
completion of tho street light, they shall be owned, operated and maintained by the
property owners' association, · condominium association, cooperative association, or
other similtr mtity, or the public utility furnishing the electric service. .
2. Where the street lights are to be installed on public streets, tho developer may elect to
initia~ a municipal service~ benefit or taxing unit in coordination with the .County
Tnmsportation Services Division in order to provide street lighting. If the municipal
services benefit or taxing unit is approved by the Board of County Commissioners, the ...
Transportation Services Director shall authorize the public utility to design, in{tall, and'
maintain the street lighting system at no cost to the County's general fund. If ~a benefit
or taxing unit is created for public streets, the provision of Sec. 3.2.8.3..20.1 shove shall
govern the design, construction and naintenance of street lights. ~
3.2.8.3.21 ~T.I~. Traffic signals sludl be provided by the developer when one (1) or mom traffic
warrants u specified in the Manual on Uniform Traffic Control Devices are satisfied, and an
engineering study indicates signalization is justified at any arterial, major collector, or minor
collector stregt intersoctio~ within the subdivision or development or where the additional traffic
flow results from the proposed subdivision or developn~nt.
If more ~ one development or subdivision is involved, each shall be required to make · pro rata
contribution for the installation cost of the traffic signals.
The cost of all required traffic signals shall be inclu,J__~_ in the amount of subdivision performance
security fumi,,hed for the required improvements.
3.2.8.3.22 Trees and Shrubs.' On · comer lot, no fence, wall, hedge, planting, or structure shall be erected,
placed, planted or allowed to grow in such · manner as to obstruct vision between · height of
three {3) fcct to eight (8) feet above tho centerline grades of the intersecting streets in the area
bounded by Ifie street lines (edge of pavement) of such comer lots and a line.joining points ·long
said street lines forty feet (40') from the point of intersection. Parking shall also be prohibited in
this area. However, tree~ shall be permitted, so long as the foliage is cut away and maintained
within the three (3) foot and eight (8) foot clearance requirement. Posts for illuminating fixtures,
traffic control, and street name signs shall also be permitted, so long as the sign or equipment is
not within the prescribed clear space.
The developer shall comply with all of the provisions of the applicable landscape requirements and
Div. 2.4 at the time of subdivision or development approval or when applicable.
Collter County J-$2 October JO. 1991
Land Development Code
DM. rIew :/.2 $~bdlvftfom~
3.2.8.3.2.3 Uffilfles. Utilities, includinI franchised utilities, power and light, telephone, water, sewer, cable
television, wiring to street lights, gsa, and the llke shall be in conforman~ with the design
requ!remcots of Sec. 3.2.8.4.
3.2.8.3.24 ~.~l/~g~. Subdivisions or developmentJ providing water services shall install no leu than
three (3') inch co~uitJ to each al~e !o( on the opposite side of the street from the main
distribution line for each street prior to the completion of roadway construction or as required by
applicable utility. Additionally, all casings for irdgstion facilities, street lighting and other utility
services such as electric, telephone, cable television, and the like shall be placed under all
proposed streets prior to the completion of the stabilized subgrade.
3.2.8.3.25 W~ter System. Central. A complete water distribution and transmission system, and interim
water treatment or interim water treatment and supply facilities, if required, shall be provided or
employed by the applicant, at no cost to Collier County, for all subdivisions and developments.
All facilities shall be constructed in accordance with federal, state and local regulations. When
required, the water distribution and transmission facilities shall be conveyed to Collier County,
or the Collier County Water-Sewer District or other dependent district where app~priate, upon
completion of construction pursuant to County Ordinance 88-76, as amended.
If County central water facilities am not available for connection, the water distribution and
transmiuion facilities conveyed to tbe County shall bo leased to the applicant of the interim water
treatment facilities, with operation and maintenance responsibilities, until the County's central
water facilities ate available for connection. Ail water facilities shall be maintained and operated
at no cost to the County, in a manner equal to the operation and maintenance standards for water
distribution and transmission facilities and water treatment and supply facilities maintained by
Collier County or the Collier County Water-Sewer District, 'until connection to the County's
central facilities is made. Any interim water treatment facilities owned, operated and maintained
by the applicant, or their assigns or ~_,cc_,~sors, shall be abandoned 'in accordance with an
agreement entered into between the County or the Collier Co .unty Water-Sewer District and the
applicant prior to the approval of improvement plans purvaant to this Division and the
requirements of Collier County Ordinsnc~ 88-76, as amended.
When County central water facilities become available for connection, connection shall.be
completed within ninety (90) days from approval of improvement plans for those facilities by the
County Utilities Division. The terms and conditions controlling the connection shall be contained
in an Agreement between Collier ~/.ounty or the Collier County Water-Sewer District, where
appropriate, and the applicant which will be entered into prior to the approval of the project's
improvement plans. Upon connection to the County's central water facilities, the interim water
supply source shall be abandoned in the manner consistent with applicable federal, state and local
standards.
All wat. er distribution and transmission systems and .treatment and supply, facilities shall be
designed by an engineer in accordance with all federal, state and local regulations and coordinated
with the Development Services Director and the County Utilities Division.
3.2.8.4 Design Requirements. The design of the required improvements for all subdivisions and
developments pursuant to Div. 3.3 within Collier County shall be in accordance with generally
Collier County $-$J Ocwber JO. 1991
Land Development'Code
accepted professional engineering principles and practices. The standards established in this
Division are intended only as minimum guidelines for th~ design engineer and are not intended
to deprive Ihe engineer of their responsibility for the technical adequacy of his design or freedom
to use his engineering judgmenl and discretion in the practice of his profession.
De.sign dam, such a.s calculations or analyses, shall be submitted along with the subdivision and
developmer~t ~mprovement plans covering important features affecting design or construction prior
to the issuance of any required County development orders, permits or approvals. Such
calculations and analyses may include, but not b~ limited to: low and high water elevations, utility
hydraulic ~md drainage calculations, sub-surface soil data, alternate pavement and sub-grade type. s
and c~nterline elevations when the minimum standards of Florida Department of Transportation
or the Am.rican Assc,ciation of State Highway and Transportation Officials are inadequa:e,
inappropria~e or not applicable.
The design of all required improvements shall be equivalent to the County design requirementa
established '~n this Sec, 3.2.8.4.
3.2.8.4.1 Access. Acxess to lots within a subdivision shall be designed to accomplish aec. ess to the lots by
use of local streets. Access to residential lots shall be in accordance with Ordinance 82-91, the
County Right-of-Way Handbook, but shall be no less than thirty feet (30') from intersecting right-
of-way lin~; on local to local street intersections; One hundred feet (100') for local to minor
collector int~:rsections; and One hundred and eighty (180') feet from intersecting right-of-way lines
on all other streets of higher classifications. Local or minor collector street connections to major
collector or arterial streets shall be a minimum of 660 feet apart and major collector street
connections Io arterial streets shall be a minimum of 1,320 feet apart. Where residential or non-
residential access is desired along a major collector or aftra'iai street, it may be provided by means
of a marginal access road. T'he first point of access to the marginal access road from an
intersection of collector stn~ts and/or arterial streets shall be a minimum of 330 feet from
intersecting right-of-way lines. Intermittent access points to the marginal access road shall be a
minimum of 660 feet apart. Access points to marginal access roads shall be provided with
appropriate turn lanes, signalization or other necessary traffic control measures, When double
frontage lots are created adjacent to a collector or arterial street and a local street, they shall front
on the local .~treet, which shall provide access to said lot. Access to the lot shall not be provided
by means of the major collector or arterial street. In such cases, the lot shall be buffere~ as
required herein. Access management regulations as required by the Growth Management Act,
when implemented, shall supersede this section where applicable,
All lots or pal'cels created within a subdivision, whether residential or non-residential, must have '
direct frontage on a public or private fight-of-way. However, in the case of commercial or
industrial sul~livisions which contain or include parcels that are separated by common parking as ea
or other common area, .sometimes referred to as 'outparcels,' 'anchor store parcels,' or "fee
simple footprint parcels,' or an integrated phased development as defined in Article 6, access shall
be created through an internal access provision documented on the final subdivision plat. Internal
access provisions shov, m, on the final subdivision plat shall include by way of example, but not be
lirmted to, cro:cs-covenants, cross-easements, dedicated access tracts, or the like. and shall clearly
and specifically identify the dominant and servient estates involved, and the scope and duration
of such intern~,l access c~rovision. This orovision shall be accentable to the Development Services
Collier County 3-34 October JO. 1991
Ltmd Developmeni Code
049 . 373
Director a~l tl~ County Attor~y smd satisf~ II~ zoning.requirements for ~ ~ing dist~ct in
3.2.8.4.2 AII~. ~lcys ~11 ~ ~v~ ~ f~ (20') ~do in a ~ni~m ~ty five f~t (~') fight~f~
r~ (~').
3.2.8.4.4 ~. Bfidg~ s~ll ~ d~i~ ~ ~~ wi~ cu~ent Flod~ Depa~nt' of
approval of ~ ~elw~t ~i~ Di~ ~d ~ ~h~ ag~ci~ having jud~icti~ over ·
the p~ faciliti~. Gen~lly, ~d~ ~all ~ d~i~ ~ ~info~ conc~te, h~er, other
At a minimum, the width of ali bridges shall be required to incorporate a clear roadway width
equaling the travel lane width plus two feet (2') to the curb and six foot (6') sidewalks; however,
variations may be considered pursuant to Sec. 3.2.7.2. Bridge width shall vary with the
Collier County $-J$ October JO, 1991
Land Development Code
cluaification of the roadway section to be carried. All bridge structures shall be designed for H-20
loading, incorporating adequate corrosion and erosion protection.
3.2.8.4.5 Buffers. Landscape buffers, when requiredby this Code, Div. 2.4, or other County regulation
shall be in addition to the required right-of-way width and shall be designated as a separate buffer
tract or easement on the final subdivision plat. The minimum buffer width shall be in conformance
with Div. 2.4. In no case shall the required buffer be ~:onstructed to reduce cross-comer or
stopping sight distances. All buffer tracts or easements shall be owned and maintained by a
property owners association or other similar entity and shall be so dedicated on the final
subdivision plat.
3.2.8.4.6 Canals. Any navigable canal or waietway designed as part of a development or subdivision,
intended to serve two (2) or mom properties, shall be designed in compliance with the
requirements of the County's Water Management Master Plan and Div. 3.5, or other
govemmentsl entities with jurisdiction, whe~ applicable. The slopes of the canal banks shall be
stsbilized with suitable rip-rap, native vegetation or other proven erosion control measures..
3.2.8.4.7 E~ents.
i. ~. Utility easements no less than ten feet (10') wide, unless otherwise
approved by the Development Services Director pursuant to Sec. 3.2.7.2, shall be
provided to accommoda~ all r~uired utilities to, across, or along lots and, where
possible, shall be centered on lot lines with convenient access for maintenance. Utility
easements and drainage easements shall not be combined without prior approval of the
Development Services Director;, drainage easements shall take precedence and be so noted
on the final subdivision plat.
All utility easements for water and sewer facilities that will be conveyed to the Collier
County Water-Sewer District shall be separately identified ~nd dedicated on the final
subdivision plat as 'County Utility Easement" (C.U.E.) and shall be a minimum of
fifteen feet (15') wide unless oth~vise approved by the Collier County Utility Division.
Except when'crossing other easements, such easements shall not be inconsistent with
other existing utility easements, or later subjected to uses inconsistent with the use of thc
easement area for utility purposes unless otherwise approved by the Collier County Utility
Division pursuant to the conditions in Sec. 3.2.7.2.
2. DUilinn~e Easements. Drainage easements shall be provided to accommodate open
drainage facilities at a width no le~ than a total of ten feet (I0'). The actual size of the -
casement in excess of the ten foot (I0') minimum shall be determined based on thc
hydraulic design of the flow wa.y and the use of bank .stabilization approved by the
Development Services Director or minimum side slopes at a 4:1 ratio, without
stabilization.
Where underground drainage structures are installed, thc casement width shall be sized
to Kcommodate construction, maintenance and replacement of said slruclures, in no
shall said eanement be less than fifteen feet (15') in width, unless othcrwi~ approved by
the Development Services Director pursuant to Sec. 3.2.7.2.
Collier County $-J6 October $0. 1991
Land Development. Code
049 37'J
When a subdivision or development includee or requir~ access ncro~ canals, water
course, water bodies, str~rns, drai~o ways, channels, naturally occurring wetlands
(that are to be preserved), or tl~ lik~, a drainage e/sement ~nd adjoining
maintenance/acce~ easement shall be provided'which conforms substantially to the lines
of such water courses unleu otherwisz approved by the Development Services Director
pursuant to Se~. 3.2.7.2. Maintenance and acces~ easements for the su~ivision's or
development's approved water management system shall be created and sized in
compliance with the rules and regnlationa of the South Florida Water M'~magement
District, ts amended. For canals or waterways maintenance/access easement shall be.
provided in accordance with requirements of the entity with responsibility for
Draina~ easements shall bo created to provide for the flow of su~ace wnters from
contributory areas.
3. Protected/Preserve Ar~n and Easements. A non-exclusiva easement or tract in favor
of Collier County, without any tnaintenance oblig·tion, shall bo provided for alt
subdivision plats. Any buildable !ol or parcel subject to or abutting a protecte~/pr~erve
· rea required to be desirnated on the preliminary and final subdivisioh plats slnll have
· minimum twenty-five foot (25') setback from the boundary of such protected/pre, serve
area in which no principle structure may be constracted. Further, the preliminary and
final subdivision plats shall reclaim that no alteration, including accessory structures, fill
placement, grading, plant alteration or removal, or similar activity shall be permitted
within such setback area without the prior written consent of the Development Services
Director;, provided, in no event shall these activities be permitted in such setback area
within ten feet (10') of the protected/preserve area boundary, unless the above setbacks
~ accomplished through buffering pursuant to Sec. 3.2.8.3.4.
The boundaries of all required easements shall be dimensioned on tho final subdivision
plat. Required protected/~,;erve areas shall be identified as separato' tracts or easements
having access to them from a platted right of way. No individual residential or
commercial lot or parcel line~ may project into them when platted ts a tract. If the
protected/preserve area is determined to be jurisdictional in nature, verification must be
provided which documents the approval of the boundary limits from the appropriate local, '
state or federal agencies having jurisdiction and when applicable pursuant to the
requirements and provisions of the Growth Management Plan. All required easements or
tracts for protected/preserve areas shall be dedicated and also establish the permitted uses
for said easement(s) and/or tracts on the final subdivision plat to Collier County without
the responsibility for maintenance and/or to a property owner's association or similar
entity with maintenance rmponsibilities. An applicant who wishes to set aside, dedicate '
or grant additional protected preserve areas not otherwise required to be designated on
the preliminary mbdivision plat and final subdivision plats may do so by grant or
dedication without being bound by the provisions of this section.
3.2.$.4.8 ~l~,_[~[.~ltltl~. All hydrants shall be connected to water systems having sufficient storage or
emergency pumping facilities to provido for the minimum fire flow· to be maintained for at least
Collier Coumy $-J7' October $0, 199l
Land Devtlol, m~ Codt
"
~00~
tour (4) hours or the cu~e,~; reconumndatio~ of the N~tion~l Fire Undarv~tea, whichever is
grcat~. Hydrants shall be placed o~ common lot lines within the approved right of way unless
otherwi~ approved by the Development Services Director pursuant to Sec. 3.2.7.2.
Hydrants shall be installed and placed in · rammer complying with the requirements set forth in
the l,__t_,~_ edition of N.F.P.A. No. 24 entitled 'Standard for. the Installation of Private Fire Service
Mains and Their Appurtenances', published by the National Fire Protection ~iation. Hydrants
to be installed within subdivided lots for fire protection purposes shall be evaluated during the site
developn~nt phm review procesa u required in Division 3.3. Those installations shall be in
compliance with the standards set forth in the latest edition of N.F.P.A. 1141 entitled "Standard
for Fire Protection in Planned Building Grounds.'
1. Residential Land DeveloomenL In one and two story land developments with not more
than ten (10) dwelling units per acre, fire hydrants shall be spaced not greater than five
hundred (500') feet apart and not more than two hundred fifty (250') feet from the center
of any lot in the subdivision and shall be connected to mains no less than six (6') inches
in diameter. The system shall provide capacity for fire flows of at least five hundred
(500) gallons per 'minute or greater, as required, in addition to maximum day domestic
requiretmmts at residual pressures of not less than twenty (20) pounds per square inch
unless otherwise required by the applicable'fire code.
2. Commercial. Industrial. Multi-Story & Multi-Family Develooment,~. Fire hydrants
located in these areas shall be connected to water mains no less than eight inches (8') in
diameter. In no case shall the spacing of hydrants be greater than five hundred feet (500')
apart and not more than two hundred fifty feet (250') from the center of any lot in the
subdivision. Hydrant spacing and size shall be capable.of providing water flows adequate
to me~ the requirements for the Occupancy Classification u defined in the latest edition
of the National Fire Code, Volume No. 6, published by the National Fire ProteCtion
Association. In no case shall the flow be less than seven hundred fifty (750) gallons per
minute with the residual .pressure of twenty (20) pounds per square inch at the most
r~mote point 9f discharge.
· . 3.2.8.4.9 Median Strips and Entrnncewa~.
1. Median Strim. Median strips which ar~ Im't of the publicly dedicated or deeded right-of- '
way shall not be utilized ft~ any purpose ocher than by the County or · public utility.
When an spplicant desires to beautify a public median strip in · subdivision'he n~y do
so in ~ccordance with'the guidelines established in Division 2.4 of this Code to allow ·
placing of grass, shrubs and trees in general within the median strip under · right-of-way
permit after submission and approval of landscaping plans. Selection of landscaping
within the public or private median shall be based on accepted traffic safety standards and
the prevention of interference with maintenance requirements of utilities within a median.
· Upon completion of the median improvements, the landscaping shall be maintained by
a property owner's association, · condominium association, cooperative association, or
other like or similar entity.
Co/~tr Cowuy J'Jff Oczober JO, ll~!
L~nd' Devdopmem' Codt
,oo, 049 3'7'7
Dfyfdm $,2 $~l~dlv(#tc~
2. Subdivision or Land Develom'nen! Entm~cew,,vs. Subdivision or development
cntranceways consisting of walls, fences, pres, rock piles or tho like are not permitted
within the median strip of a publicly dedicated right-of-way. Decorative entranceways
may be constructed upon property adjacent to a,right-of-way in cbmpliance with the this
Code and shall be placed so as to not interfere with any cross-comer or stopping sight
distance or constitute a traffic hazard. Any improvements within private ,rights-of-way
shall not be placed over any underground improvements without the prior written consent
of the intended owner of the improvements. Upon completion of the entranceway, all
improvements shall be maintained by the property owner's association, condominium
association, ~tive association, or other similar entity.
3.2.8.4.10 Mon~. Tho design and location of Permanent Reference Monuments, 'P.R.,M.'s' and
Permanent Control Points, "P.C.P.'s° shall bo as prescribed by Chapter 177, Florida Statutes, as
amended. V/hem monuments would occur within street pavement ar~as, they shall be installed
utilizing appropriate offset monuments as prescribed by Chapter 177, Florida Statutes, as
amended. All information pertaining to the location of 'P.R.M.'s' shall be indicated in note form
on tho plat, such as underground installations and tho like.
3.2.8.4.11 ~enwalls and Bulkheads. When authorized, the water side of the concrete seawall cal~ shall be
constructed landward of Om proper/ boundary and shall be in accordance with the seawall
construction regulations, Collier County Ordinance No. 85-2, as amended.
The applicant shall have the prior approval and permit(s) of the Florida. Department of
Environmental Regulation (DER), the Florida Department of Natural Resources (DNR), and the
U.S. Army C. mps of Engineers (CEE), where such approvals are necessary, prior to
commencement of construction. A copy of such approval(s) sod/or permit(s) must be filed with
the Development Services Director upon receipt.
The construction of seawalls or bulkheads in association with water management system lake
construction under jurisdiction of SFWMD shall be in compliance with South Florida Water
Managen~nt District (SFWMD) criteria.
· 3.2.$.4.12 Sanitary $ewn~e $_vstem. Central. A comple~ central sewer system and interi.m wastewater
treatment facility, if required, shall be designed and constructed to provide service to all lots and
parcels within the stdxlivision or development. The system shall be designed, constructed, owned,
operated and maintained pursuant to tho requirements of the Utilities Standards and Procedures
Ordinance, Collier County Ordinance No. S8-76, as amended or to specifications of the applicable
service provider.
3.2.8.4.13 Sanitnr7 Sewan_ e System. Individual. Except as otherwise approved by the Development Services
Director pursuant to Soc. 3.2.7.2, no subdivision or development shall be constructed utilizing
individual sewage disposal syst~n for each lot or parcel. A~.y exemption from this requirement
shall be designed in conformance with Chapter 10D-6, F.A.C., and. shall obtain the written
approval of tho County Environmental Health Division, Utilities Administrator and the Board of
County Commissioners. Such exemption shall be in compliance with the provisions of the
County's Growth Management Plan, and shall be approved by the Development Services Director.
Collier Cmm~y $-J9 October JO, 19~1
~ De~elop~en: Code
,o= 1 19 . 378
3.2.8.4.14 _Sidev~alk~ a~d Bike~_ aths. All sidewalks and bikepaths shall be constructed of portland cement
concrete, or the alternate s. sphalt sidewalk noted in thes~ regulations, or an alternate approved by
the Developn~nt Servicea Director pursuant to See. 3.2.7.2, in the locations iljustrated on the
standard fight-of-way cross-sections contained in Appendix B.
1. Concrete sidewalks or bikepatha shall be four inch (4') thick, portland cement concrete
with a twenty-eight (25) day compressive strength of 3,000 PS[. Expansion joints shall
be 1/2 inch preformed bituminous conform_ lng to the latest edition of ASTM. Contraction
joints shall be saw-cut joints with longitudinal spacing equal to the width of the walk. The
saw cut depth shall equal or ex¢_-~__ on~=fonrth the concrete thickness. Ail workmanship
materials, methods of placement, curing, forms, foundations, finishing, etc. ~all be in
conforrnanc~ to the late~t edition of FDOT Standard Specifications for Road and Bridge
Construction Sec. 522.
2. Asphalt sidewalks shall be coustruct~d with an four inch (4') limerock ba~e (primed) and
one inch (1'), Typ~ III aspbeltic concrete. When used, a.~phalt sidewalks shall be a
s~inimum of one foot wider than the specified width for concrete walks.
3. Bicyclo paths shall b~ six fee~ (6') in width. It is preferred to have bicycle paths
constructed of asphaltic ~ocre~, however, portland cement concrete may be substituted
with no r~duction in width.
4. Ail bicycle lanes shall have si~nage and be marked in accordance with the latest edition
of the Manual on Uniform Traffic Control Devices.
3.2.8.4.15 Soils. The construction plans for the subdivision or development shall show the location and
r~ults of t~t borings of the subsurface condition of the tract to be developed. If the soil
investigations reveal that the a~a contains hardpan, other non-pervious soils, peat, muck, or other
unstable materials, the Development Service~ Director shall r~luire that adequate precautionary
m~tsures be included in the design and construction of the improvements to a~ure that proper
drainage and development of the ·rea can be accomplished,, in a manner which will prevent
premature d~oration of the improven~n, ts.
.. 3.2.8.4.16 Strt'ets. The street layout of all subdivisions or developments shall be coordinated with the street
systems of the surrounding areas. Adjacent properties shall be provided with local street
interconnectious unless topographY, other natural festures or other ordinances/regulations do not
allow or require said connections~ All arterial or major collector streets shall be planned to
conform to the Collier County Comprehensive Plan. Their location and right-of-way cross-section
mu~t be reviewed and approved by tim County Transportation Services Division during the
preliminary subdivision plat review process. Ali subdivisions shall provide rights-of-way in
conformance with the Comprehensive Plan and the right-of-way cross-section contained in
Appendix B. All stree~ shall be designe~l and constructed to provide for optimum vehicular and
pedestrian safety, long servico life and Iow cost of maintenance.
I. Street Accel. Every subdivision or development shall have legal and adequate access
to · street dedicated for public use and which has been accepted for maintenance by or
dedicated to the State of Florida or Collier County. When a subdivision or development
C-~olller Cowry ~-.~o '- October $0. 1991
does not immediately adjoin such a street, the applicant shall provide access to the
development from a dedicated street in accordance with these regulations and provide
legal documentation ~at access is available to the project site. All lots within a
subdivision or development shall be provided legal access to a street dedicated for public
use. All lots mu~ front on a right-of-way.
2. Adiolnlnn or _urom~sed adloinlrm strert sv~rB~. The arrangement ',of streets in
subdivisions or developments may be required to make provision for the continuation of
existing or proposed collector or arterial streets to and from adjoining propertie~, whether
developed or undeveloped, and for their proper projection to ensur~ a coordi~nated and
integrated street system per requirements of the Growth Management Plan, this Code or
other ordinances and regulations. Where a subdivision or development abuts an existing
or proposed public arterial or collector street, buffering shall be required pet Division
2.4.
3. Local 5t~. Local streets shall be so arranged that their use by through traffic'will be
discouraged.
4. ~. If tl~ proposed land development or subdivision will.genen~te
voiumes in excess of on~ thousand (1,000) ADT (Average Daily Trips) or one hundred
and fifty 050) vehicles per hour, peak I~ur/peak season, whichever is tnor~ resistive,
then a traffic analysis, prepared by a professional engineer, shall bz provided'by the
developer.
The analysis shall show R~ impact on ~ proposed internal streets of the subdivision or
development and existing externally affected streets. The analysis shall bz used to
determin~ the street classification, width and number of traffic lanes internal to the
development and any requirements for off-site (external) improvements on the existing
street system per the Collier County Growth Management Plan.
5. Street R~tht-of-Wav Width. The minlu~m right-of-way widths to be utilized shall be
a~ follows and, where applicable, shall I~ clarified by the cross-sections contained in
Appendix B, and will bz directly rel,_!_ed_ to traffic volume as indicated in the definition
of each street continued her~in and where applicab, le clarified by the ~:ro~ sections
contained .in Appendix B. Private street right-of-way widths and design may be
determined on a case by case basis in accordance with Sec. 3.2.7.2.
Collier Coum~ $-41 Ocwber $0, 1991
L~md Development Coc~
STREET R/W NUMBER OF LANE
TYPE WIDTH LANES, WIDTH
All Streets
Cul-de-sac f0' 2' 10'
· Local 60' 2 12'
Minor Collector 80' 2 12'
Minor Collector As requir~ 2 12'
(Divided) for medim
Major Collector 135' min. 4 12'
(Minor)
Art~al*
NOTE: Any Rural crosa-sectlom approved may require expanded fight-of-way widths for additional
shoulder and swale facilities. D~gn to bo approved on a case-by-case basis.
'~f'his is a minimum acceptable standard. All prupo~4___ right-of-way eross-sections meeting or exceeding
this category must bo reviewed and approved by th~ Transportation Services Division·
6. 'l~,dld~iZg~. Dead-End streets shall bo prohibited except when designed as a cul-
de-sac. When a 'strut is designed to be extended when the adjacent property is
developed, a temporary cul-do-sac and right-of-way shall bo designed. Cul-de-sacs in
excess of one-thousand feet (1000') shall not bo permitted ualess existing topographical
cooditions or other natural features preclude a street layout to avoid longer cul-de-sacs.
When conflicts occur between thp design standards of this Division and Cellier County
Ordinance 86-54, tbo County Fire Protection Code, or its successor ordinance, the
standards of this division shall take pr~___-~_ent.
Cul-de-sacs shall have a minimum forty foot (40') pavement radius (to back of valley .
gutter) and fifty foot (50') right-of-way radius. If islands are t6 bo installed within a cul-
de-sac, they shall have a minimum forty-five foot (45') outside edge of pavement and an
inside edge of pavement radius of no greater than twenty-five feet (25').
7. Curbs/Valley Gutter. All street~ shall bo provided with valley gutter or curbs to provide
for drainage. Curbs shall be r~cluircd at street intersections and, for those areas r~quiring
additional vehicular.protection. All r~luimt intersection curbs shall extend ten feet (I0')
.beyond the radius.
8. Intersection Radii. Street intersections shall bo provided with a minimum of a thirty foot
(30') radius (face of curb) for local or cul-de-sac streets and forty feet (40') radius for
collector, arterial and commercial/industrial streets. If two local or cul-de-sac streets
intersect at less than ninety (90) degrees, a radius of greater Ihan thirty feet (30') may
Collier Coumy $.42 October .JO, 1991
~nd Doetopmem Code
].2
be r~luir~. Intersection right-of-way lines shall be provided with no less than a twenty-
fiv~ foot (25') radius.
All intersections shall be provided with ramps Where sidewalks are r~luired.
9. Interse~ions end Street JO~. Wherever feasible, streets shall be arrsi~ed so u to
intersect at right angles. Two (2) streets shall not intersect at an angle I~ss than sixty
(60)degrees. When an intersection occurs on a curve, it should be made radially at the
point of intersection, with · minimum seventy-five foot (75') tangent mes~red from
intersecting centerlines. All local cross streets or stop streets should provide a minimum ·
fifty foot (50') tangent measured from intersecting centerline. Any proposed deviation to
the tangent requirements must be supported by design calculations submitted by the
applicant's professional engineer. The calculations must be based on the roadway speed
limit and the Florida Department of Transportation 'Green Book' standards for degree
of curvature. Struts classified higher than local shall be provided with appropriately
larger tangents, supported by design calculations.
Street jogs, at intersections, shall be prohibited. In no case shall intersections ~ located'
closer than one-hundred feet (100') apart, as measured beAween closest right-of-v~ay lines.
The us~ of the one hundred 'foot (100') intersection separation criteria s .hall be used only
when · traffic impact analysis indicated that neither intersection will require either mm
Intersectibns of mom than two (2) streets shall be prohibited.
10. Reverse Curves. Tangents shall bo provided for all streets, between reverse curves,
according to the following, unless otherwise approved by the Development Services
Director pursuant to Sec. 3.2.7.2:
STREET CLASSIFICATION TANGENT CMINIMUM)
Cul-d~-asc 25'
Local
Minor Collector/Commercial/Industrial 75'
All other Streets 100'
I i. Construction in Muck or Clay Arem. The design of street proposed in excessive muck
arus shall be considered on an individual basis and may, where so directed by the
Development Services Director, require the use of under drains. Alternate methods of
construction may be considered by the Development Services Director based on · design
study, containing soil testing data, and recommendations prepared by a geoteclm~cal
engineer licensed to practice in the Ststo of Florida and supported by tho applicant's
professional engineer.
12. Materials. Streets shall include · stabilized subgrsde, bass and wearing surface in
accordance with standards designated by the Development Services Director and as shown
in the typical sections.
Collier County 3..43 October $0, 1991
Ltmd Development Code
a. Suberade and Shoulders. All subgrado and shoulders shall be stabilized to a
depth of twelve inches (12") and to tho full width aa shown on tho typical
section drawing. Tbe stabilized stoa shall be free of muck, roots and other
objectionable material. Tho subgrado and shoulders shall be stabilized and
compacted to obtain tho minimum Lime Rock Bearing Ratio (LBR) of 40 LBR
and at least ninety-eight percent (98%) of maximum density u determined by
AASHTO TIS0. if tho bearing value of the natural soil is less than that
specified, the subgrade and shoulders shall be stabilir, zd in accordance with Sec.
160 of the Florida Department of Transportation Standard Specifications for
Road and Bridge Construction (latest edition thereof). The construction of the
subgrade and shoulders shall generally conform to Sections 160-8 and 160-9 of
'the Florida Department of Transportation Standard Specifications for Road and
Bridge Construction (latest edition thereof).
b, Base. The base shall bo compacted limerock constructed to the thickness
specified in the typical section drawing for the class and type of mad to be
constructed, and shall bo built to the specified width and centered on the
subgrsde. Umerock ~ for the ba~s shall meet the standard specifications for
Orado No. 2 limerock and shall be compacted to obtain at least, ninety-eight
percent (989~) maximum density aa determined by AASHTO TI 80. Construction
and materials of the base shall conform to Section 200 and 911 of Florida
Depa.,'tment of Transportation. Standard Specifications for Road and Bridge
Construction (latest edition thereof). Alternate base courses that meet FDOT
specifications may be considered and approved by the Development Services
Director.
Prime. The bas~ shall be primed with type RC-70 bituminous material of SS-I
(asphalt emulsion) and shall comply with Section 270-2 of the Standard Florida
Department of Transportation Specifications.
d, Surface Course. The surfaco course thickne~ and width shall be ts specified
in the typical section drs~ngs. Tho processing of the mixture and construction
of the surface course shall comply with Sections 320, 330 and 332 of the
.. Standard Florida Department of Transportation Specifications.
e, Grass. All areas within tho right-of-way not receiving tho surface course shall
receive seed, fertilizer and mulch in accordance with ,~.~:tions 570, 981,982 and
983 of the Standard Florida Department of Transportation Specifications. Where
sod is specified by the Development Services Director for erosion control, it .
shall be installed prior to preliminary acceptance of the roadway.
f. ~. Tho applicant shall bo responsible for maintenance of tho roads
for tho period between preliminary and final acceptance as specified herein. This
includes workmanship, materials, and ali repairs and maintenance.
g. T~fimz. Tho applicant shall have tho subgrade and shoulders tested for
compaction and Lime Rock Beating Ratio (LBR) at intervals set forth in the
October
I~st edition of tho Flodd~ Dei~tment of Trznsportation S~ndard
Specificetiotm for Ro~d taxi Brid~ Constructio~ or -,, directed by tho
Developm~t Sorvicm Director. Tim sub-grade ~nd be·o' sludl be tested for
comz~ction by ~ certified engineering testing laboratory. Prior to ~.~-pumce by
the County, a copy of tho t~t. results along with a statement of compliance
i~ued by tho ~ting labo~mry, shall be furnished to th~ Development Services
Dir~'tor. '
h. ~. During construction, a field inspection shall be txmde by the
Development Services Director. It is the applicant's responsibility to provide
written notice to the Development Services Director when construction is ready
i, ~gllJ. The develOPer dudi provide and instil traffic control signs, street m~me
and speed limit siggs. Ail signs d~li be of non-corrosive, reflectiv~e m~terial
construction or of · type ·pproved by the Development Services Director.
One double sided stree~ rmme signs of stmtdard design u prescribed by'current
County standards shall be provided ·! each intersection for each ri·reed street
unless otherwise ·pprovcd by the Development Services Director pursuit to
Sec. 3.2.7.2. A street sign shsll be placed ·t · point eight feet ($').~fmm the
edge of I~vement on · r~di·l line tl~ bisects the intersection rzdius curve ~mlc~
otherwise approved by the Development Services Director pursuit 4o Sec.
3.2.7.2. Ail signs shall be designated on the construction plans prior to their
zpprowl by the Development Services Director.
j, ~. All work droll be in ~cr. ordance with Section 711 of the
Florida Dep~tment of Tnuuportstion $Ctndard Specifications for Road
Bridge Construction (latest edition thereof).
1.3. Alternative Tyne· of Pavement. Base & Sub;fade.. Alternate types of i~vement, hue
and subgr~de determined by the Development Services Director and/or the Trm~sportation
Service= ^dminlstr~tor to be equiwlent to those specified in this Division may be
approved. ^pplic~tion for such ·pproval shall be accompanied* by written data,
c,tlculafions ~md analysis which show, by generally ac~-pted engineering principles,
the alterm~te types ·m equal or sulx, rior to those specified.
14. Street GmS. Street grad~ shall be determined in relation to the drain·ge facilities for
the subdivision znd droll not exceed four percent (4%) nor be less than three-tenths of
one percent (0.3%), mdes~ otherwise ~q~proved by the Development Services Director
pursuit to Sec. 3.2.7.2. Street gredes d~ll be shown on the development plans by
direction and percent of f~ll on the rozd profiles.
15. Swales. Swales droll not be permitted within the right-of-w·y in lien of curbs or valley
gutters unless the provision for a rur-,I section specified in Sec. 3.2.8.3, Required
Improvements, is justified. Sw·les may be permitted to convey rear-y,,rd drainage and
to collect street drainage.
co,my ..... ~.4~ ~- -~ ' oc~o~,,.r $0. 1;91
16. l~ar~inal Access Streets. Whe~ · subdivision or development Abuts or contains existing
limited access highway, fr~way or art~ial strut, and if access is desired to adjoining
property, other than strut connections, · marginal access street to afford separation of
through and local traffic may be r~quired by the Development Services Director.
17. ~. Half or partial streets shall not. be permitted except where essential to the
reasonable development of a property in conformance with the Circulation Plan,
Comprehensive Plan or these regulations and where, in addition, dedication of the
remaining part of the required street right-of-way is provided. Whenever s property to
be devcloped borders on an existing half or partial street, the other part of the street shall
be required to be dedicated and constructed within such property. A proposed
development or subdivisioa~ that adjoins or includes an existing street which does not
conform to the minimum right-of-way requirements of these regulations shall provide for
the dedication of additional right-of-way along either one or both sides of said street so
that the minimum right.of-way requirements of these regulations shall be established.
18. Limited Aeeess Stri~as. Limited access strips controlling Icce~ to streets on adjacent
parcels shall be prohibited except where approved by the Development Ser~.ices Director
pure·at to ,Sec. :3.2.7.2.
19. Clearance and He~ht. At least seventeen feet (1,/') of nominal clenrancu shall be
provided over the flail width of public s~rects, private streets, fire lanes, -nd other means
of vehicular access. Overhead public utilities ma), require · greater height and will be
evaluated on · cue by cue basis.
S~ Li~h~. All street lighting plans shall be prepared by an electrical engineer.
Traffic Control Devices. The design a~d installation of traffic control devices sludl be in
ic~cordance with the latest edition of the Manual on Uniform Traffic Control Devices.
3.2.8.4.19 Utilities. All pernument utilities, includMg franchised utilities, power and light, telephone, water,
'. sewer, cable television, wiring to street lights and gu shall bo installed underground. This section
shall ·pply to all cables, conduits or wires within subdivisions or developments forming pazt of
an electrical distribution system' including service lines to individual properties and main.
distribution feeder electrical linH delivering power to local distribution systems. However,
agricultural land, industrial land, commercial sites and residential lots larger than two (2) aeres
may be exempted from this requirement by the Development Services Director if costs for the.
utilities to be placed underground are demonstrated to be unreasonably prohibitive. This section
docs not ·pply to wires, conduits or associated apl~ratua ,nd supporting structures whose
exclusive function is for. th8 transmiesiot~ or distribution of electrical energy between developments
or subdivisions, generating stations, substations and transmission lines of other utility systems, or
along the perimeter lin8 of subdivisions or developments. Appurtenances such as transformer
boxes, pedestal mounted terminal boxes, meter cabinets, service terminals, telephone splice
closures, pedestal type telephon$ terminals or other similar 'on the ground' facilities normally
used with and aa a part of the underground distribution system may be placed above ground but
shall be located so aa not to constitute a traffic hazard. Easements shall be coordinated with the
Collier C-.oumy 3-46 October $0. 1~91
Lard Devetopmer~. Codt .
appropriat~ public utility providers with verification to the Development Services Director before
final subdivision plat and improvement plans approval.' The instaIlation of underground utilities
or relocating existing facilities u prescribed by this Division shall be in conformance with the
re~tive utility's rules and regulations.
3.2.8.4.20 ]~D~li~]. After the clear~ng, grubbing, and'grading has been completed within six
inches (6') of final sub-grade of the roadway for a street, all underground work for the water
mah~, sanitary sewers, ~ aewera, gu maLrm, telephone, electrical power ,conduits and
appur~nances and any other utility shall be installed across tho width of the street to the sidewalk
area, or provisions shall be made so that the roadway or right-of-way will not be diaturbed by
future utility installations, ,Ail underground improvements so installed for the purpos~ of future
service connections shall be prol~rly capped and backfilled.
3.2.8.4.21 ].~. ,Ail casings to be installed within the roadway section of a pwject shall'be located
at a depth at least six inches (6') below the bottom elevation of the roadway stabilized base
course. Unlesa approved by the Development Services Director pursuant to Sec. 3.2.7.2, all
ca~ings required for the complet~ service of underground utilities to the subdivision shall be
installed during the construction phase of the project. Any cuing which must be pl_-c_--'J after
completion of the roadway stabilization and paving shall have its method of installation approve~
by the Development Services Director. I~
3.2.8.4.22 Water Maruttement. x
I. ~cooe. A complet~ storm water management system shall be provided for all areas within
tho subdivision or development, including lots, streets and alleys. The system design skudl
meet the applicable provisions of the current Collier County Codes and Ordinances, South
Florida Water Management .District rulea and regulations pursuant to Chapter 373,
Florida Statutes and Chapter 17-40 and Title 40E, Florida Administrative Code, and any
other affected state and federal agencies' rules and regulations in effect at the time of
preliminary subdivision plat submission.
Where stormwater runoff from outside tho subdivision or development historically passes
on, passes over or. through areas of the subdivision or development, such runoff shall be
included in the stormwater system design. The system shall be designed for long life, Iow
cost maintenance by normal me, hods and provide, for optimal on-sit~ detention of
stormwater runoffand ground water recharge in accor&xnce with applicable county and
SFWMD regulations.
2. [~,tinfall and Runoff Criteria. The system shall be designed for "design floods" resulting
from rain storms and antecedent conditions for all system components in accordance with
current Collier County and South Florida Water Management District Criteria.
a.. Lak~. Artificial lakes and retention basins proposed as part of · storm water
retention system for on-site water management shah bo designed and, when
required by this Code or other ordinances or regulations of Collier County,
State or Region, monitored for quality by the applicant pursuant to the County
Excavation Regulations, at no cost to the County..Ail lakes shall be set back
r
Collier Cmmty 3.47 October JO, 1991
~ Dewelopment Code
from abutting roadways or intersections pursuant to the design standards
established in Division 3.5, See. 3.5.7. !. I.
b. Runoff Coefficients. Existing iand usage shall bo considered for the selection
of proper runoffco~fficients within the'drainage hasins involved, whether within
the subdivision or development or not.
3. ~torm Water Ouffalls. Storm water runoff shall bo conducted to positive outfalls that
can bo permanently maintained, practicably and legally. Outfalls to existing waterways,
canals, preserve or conservation ar~.s, lakes or storm sewers shall be acceptable provided.
it can bo demonstrated through s professional engineering study to the Development
Services Director that such receiving systems have adequate capacity to receive the
proposed quantity and quality of the additional flow.
Side ditche~ or swales along public or private roads shall not bo accepted as suitable
positive outfalls except as may bo specifically accepted under the provisions of this Code
by the Development Services Director, County Transportation Services Division and by
tho Florida Department of Transportation if applicable. The storage of storm water runoff
in other existing or proposed ditches or swales within a public or private rigl~t-of-way
shall bo permitted for volume storag~ when approved under South Florida Water
Management District design criteria, but shall not bo utilized to s~tisfy'the storm ~vater
storage (quality) requirern~nts of a development's master water managen~nt system.
Drainage= wells or underdraina may bo accepted as positive outfalls where adequate
pe~r. olation volumes can bo provided in locations capable of accepting the design
qutntities of water.
4. Mnior Waterway. Improvement or establislunent of major waterways and canals shall
bo developed in full accord with applicable storm water management criteria. Engineering
data, criteria and suitable calculations shall bo submitted to the Development Services ·
Director prior to approval of construction plans.
Roadways over major waterways shall bo structures approved by the Development
Services Director, sized to maintain flow capacity,, designed to assure 'long life and
minimal maintenance. Construction shall meet all current Florida Department of
Transportation Standard Specifications for Road and Bridge Construction, unless .
otherwise approved by the Development Services Director pursuant to Sec. 3.2.7.2.
5. Optfnll Ditches and Open ChanneLs. Unless otherwise approved by the Development
Services Director pursuant to See. :~.2.7.2, side slopes no steeper than four (4) to one (!)
shall bo allowed. Protection against scour and erosion shall bo provided as required'by
the Development Services Director.
6.
a. D~i~. In the inte~st of preserving the existing natural ground water levels,
roadways shall.not I~ designed so as to cause the significant lowering of
Collier Coumy $-M October JO. 1991
Land Developmer~ Code
. ,oo, 049 ,Sg7
water levels existin~ in the area prior to development. Roadside swales and
ditches may be permitted wi_th_in_ street rights-of-way where the use of roadside
swales can be justified to the Development Services Director througl~ a written
.report prepared by the applicant's professional engineer. Swales, where
I~rmissible, shall have side slopes no steeper than four to one (4:1) and they
shall not be utilized to ·att'sly the storm water quality (volume) requirements of
· project's master water managemco, t system. Where flow velocities in excess
of four feet (4') per second are anticipated, urban right-of-way sections shall be
required.
b. F,d~. All unpaved areas within the permanent right-of-way shall
· be provided with permanent erosion protection, such as native vegetation or turf.
Swale ditches shall-be sodded, sprigged or seeded · I·teral distance extending
from the road pavement to the top of the swale ditch backslopa, Where valley
guttered sections am used for drainage ways, turf protection shall be placed
from the edge of the gutter to the outer limits of the fight-of-way. If seeding is
utilized, then mulchin~ in accordance with the Florida Department of
Transpormion standards shall be required. Additionally, if ._,~zed__ing and mulching
ar~ utilized, then a strip of sod one foot (1') wide shall be placed along the face
of the pavement or curb section and over the invert of any approved swale
section within the runoff flowway..Ail swales subject to erosion velocities shall
have adequate em·ion protection in the form of rip rap or other applicable like
c. l)rlvewavs Across Swale Ditches. Driveways across permitted swale ditches
shall have placed beneath them drainage pipes of adequate size and .qsae
approved by the Development Services Director, based on the capacity
requirements calculated by the applicant's professional engineer for the
development's master water management system.
7. ~:t~fJ~:~il~. Street drainage within the mad right-of-way through grassed swales
shall be permitted for rural cross-sections only except'where velocities in excess of four
feet (4') per. second are anticipated. The flow from the~ swales or other types of
drainage facilities shall be diverted to natural percolation areas, ·rtificial seepage basins
'. or artificial lakes of st least sufficient capacity to comply with the criteri· of CoUier
County and the South Florida Water Management District. Other equally effective
methods of returning cleansed waters to the aquifer will be acceptable upon prior review
and approval by the Development Services Director
Existing natural lakes may be used as detention areas provided that they have adequate
storage capacity and that pretreatment measures approved by the Development Services
Director are taken to prevent pollutant matter from entering the lake. Positive outfall
drainage facilities shall 'be provided away from all percolation ares·, seepage basins,
detention areas and artificial lakes to handle the runoff from storms which exceed the
required design storm event in duration and/or severity.
·
8. ~ Tbe actual area required will depend on the percolation rata for the
soils at the specific sitz and the manner in which the site is developed in accordance with
Collier County and South Florida Water' Management District ~;riteria. All percolation
areas shall be grassed, in accordance with requirements of this Code and shall be planted
in tre~s, shrubs, or other plants capable of taking up large volumes of nutrients.
9. Undert, round Drairume. Where drainage plans provide for, or it is so directed by the
Development Services Director, the collection of storm water in underground pipes, inlets
and other appurtenances for conveyance to an intermediate or ultimate outfall, the
following nxinimum design criteria shall be observed:
The minimum pipe used within a publicly maintained the storm water.collection
system shall be fil~een inches (15') in diameter.
b. Inlets shall be spaced at such intervals and in such a manner to allow.for the
acceptanc~ of on~ hundred percent (100fi) of the ten (10) year, one (1) hour
c. Thz distan~ between terminating and intermediatz structures Shall n~t exceed
those required by the Florida Department of Transportation, pursuant to Florida
Department of Tranep°rtation Drainage Manual, Volumes 1-4 (1987 Edition or
latest revision).
d. The storm water, underground collection system, shall be so designed that the
elevation of the hydraulic gradient during · ten (10) year, one (1) hour storm
event is never higher than the crown elevation of any publicly maintained
roadway in the system.
e. The pipes shall be designed to minimi~ sediment deposits.
f. The pipe materials shall meet the requirements set forth in Sections 943-948
inclusive Of the current Edition of the Florida Department of Transportation
Standard Specification for Road and Bridge Construction. Only concrete pipe or
other pipe materials approved by the Development Services Director may be
u~d in tidal or salt waters.
g. All drainage pipes shall be fitted with hesdwalls, endwalls, inlets and other
appropriate terminating and intermediate structures.
I0. Storm Water Di.st~al. The method of ultimate disposal of storm waters will .be
dependent upon the soil characteristic underlying the development or subdivision. All
storm waters will bo subjected to treatment for the ternoval of petroleum residues, oils,
suspended solids and other pollutants found in storm water' runoff. The method of
treatment will be determined by the applicant's professional engineer responsible for the
preparation oftbe storm water management plans and specifications, and shall be subject
to the approval of the Development Services Director and the concerned state agencies.
Collier County 3.50. October JO. 1991
l. and Dewtopment Codt
11. i~an~ & S_m~ciflcnflom. A~ a pr~-condition for ~ppmval of impmve~t pl~, ~e
d~el~ ~ll ~liv~ m ~e D~el~t ~i~ Di~mr comple~ pl~ ~d
~ifi~ti~ ~ ~ f~ ~ by a ~gis~ ~f~io~! ~gin~r li~ m
~i~ ~ ~z 5~ of ~o~, ~ich shall ~clude, ~t ~y not ~ li~ ~, the
Foiling:
a. A ~p~c ~p of ~e l~d d~elop~t ~lat~ m N.G.V.D. ~ ~ffici~t
~ el~ati~ ~ ~ly del~ ~e si~ to~g~phy, p~ by a
pmf~i~ ~or.
b.' A d~ ~ of ~ mfi~ ~ ~ ~ch ~ d~el~t ~ ~ivi~
~ble ~ ~ ~el~t ~i~ Di~r. Ali ~dg~ ly~g ~ ~e
~ ~d ~e ~ of ~z ~s ~ ~ ~, of ~1 ~e exist~g ~d p~
d~ ~ ~! ~ ~ ~d ~la~ ~ ~d~g ~ of ~
~tmi~.
~el~t ~d ~, ~i~g ~ el~ati~, all ~ ~d imla~
~I~, ~g high ~ el~ati~, p~ d~i~ ~t~ el~ati~, ~d
ot~ ~la~ hydmlo~c ~.
d. D~g~ ~, ~ c~a ~d hyd~ulie ~l~lati~, ~i~t ~th ~e
c~a ~d d~i~ ~ ~bli~ by ~ ~u~ ~o~ Water M~age~nt
Di~.
PI~ s~ ~ d~ ~ ~d ~i~ ~tio~ of ~ls,
~d all o~ ~ c~els, ~ ~, all d~ge ~mcm~, ~ ~d
cu~, ~d o~ p~ d~el~t ~tmcti~.
f. PI~ ~d pmfil~ of~! ~ ~. ~ ~ ~ ~t
~, el~ati~ ~d ~ ~t d~Is s~ll ~ sh~ for exi~g m~
g. ~ ~diti~l ditch,, ~ls or o~r ~te~u~ a~ ~ui~ to
~~ ~ntfibu~ ~ff~ ~, ~ci~t fight~f-way sMIl ~
p~id~ by ~ d~el~ ~ ~ivider ~ ~~te th~ ~d ~m~ n~.
For pmj~a ~ch ~ui~ a ~tmction ~t ~ ~ i~ by ~ ~u~
~ofi~ Wa~ M~ge~t Diafict, s~mval of i~mve~t pl~ ~d ~e
f~ ~i~ pl~ ~1 ~ ~ ~ by ~e D~el~t ~ic~ DiVot
~til a ~y of ~ ~t or ~ ~ablo '~rly wo~' ~t is ~b~tt~ to
tho ~el~t ~i~ Di~.
3.2.8.4.~ ~at~ Svst~. Cent~. A ~letz ~t~ ~ ~m ~d interim ~ter ~pply ~d t~tment
f~illty, if ~ui~, s~ll ~ d~i~ ~d ~~ ~ provide ~ice to all of the lots ~d
par~Is within ~ ~ivision or developer. ~y ~h system s~li ~ d~ign~, co~tmct~,
o~, o~ ~d ~in~ pu~t ~ ~ ~ui~ of Colller County O~in~ce 88-76,
~r ~ ~-~1 · ~t~r ~0,
~ D~pment C~
,./
the Utilities Standards and Procodurm Ordinance, as amended.
3.2.8.4.24 Water' Swtem. Individual. Whzre authorized in compliance with tho Collier County Growth "
Ma~. gement Plan, an individual water sy .s~n shall be designed in conformance with Chapter
10D-4, F.A.C., and shall require tbe prior written approval of the County Environmental Health
Director, Utilities Administrator and th~ Board of County Commissioners. Any such exemption
shall be in compliance with tho provisions of the Collier County Growth Management Plan.
3.2.8.4.25 ['rohibited Exotic Plants. Ail prohibited exotic plants, as defined in Div. 3.9 shall be removed
during each phase of construction from development aress, open space ares.s, and pr~-rve areas
pursuant to Div..3.9. Following site development, a maintenance program shall be implemented
to prev~t reinvasion of the site by prohibited exotic species. This plan shall describe control
techniques and inspection intervals, shall be filed with, and be approved by, the Development
S~rvlces Director prior to approval of the improvement plans and final subdivision plat.
Flexibility, in the form of area trade-offs or mitigation may be allowed in the dotermination of
areas within developments to be preserved.
3.2.8.4.26 ~. Developments shall identify, protect, conserve, incorporate and use native
vegetative conununities pursuant to Div. 3.9 and identify, protect and con.rye wildlife habitat.
SEC. 3.2.9 FINAL SUBDIVISION PLAT.
· 3.2.9.1 Gmernl R _equirnnents.
3.2.9.1.1 Seven (7) prints of the final subdivision plat shall be submitted along with the improvement pl .a~.
No f'mal subdivision plat shall be approved unless tl~ improvemmt plans shall havo been reviewed
and acce~ted by the D~velopment Services Dir~'tor.
3.2.9.1.2 Tho final subdivision plat shall coufonn to the approved preliminary subdivision plat pursuant to
Sec. 3.2.6.:3.2 and shall constitute only that portion of the app .roved preliminary subdivision plat
which the applicant proposes to construct within a finite period not to exceed thirty-six (36)
months. The improvements required by this Division which apply to the final subdivision plat shall
be completed within thirty-six (36) months from the date of approval of the final plat unless a
..
written extension request is approved by the Board of County Commissioners at the time of final
subdivision plat approval. The applicant shall enter into a construction and maintenance agreement
with the County, in a form acceptable to the County Attorney, which'estsblishes the terms and
conditions for the construction and maintenance of the improvements required during the 36 month
construction period (unless a written extension request is approved by the Board of County .
Commissioners at the time of final subdivision plat approval), whether the f'mal plat is approved
only or approved and recorded with the posting of a subdivision performance security. This
agreement shall be submitted with the final plat for review and approval and executed by all
parties at the time of t'mal plat approval per Sec. 3.2.9. i.3.
'3.2.9.1.3 At the iime of submission of the f'mal subdivision plat, tho applicant shall submit a statement
indicating whether the required improvements are to be constructed prior to the recording of the
final subdivision plat or after recording und~ subdivision performance security posted with the
County as provided for in this Division. When the required improvements are to be completed
Collier ~ $-$2 October 30, 1~91
Land De~tlol~ment. Code
after recordin~ under &,u~ranteee ~ provided in this Division, the final suMlivision plat upon
~bmittal shall be accompanied by tho following:
3.:2.9.1.4 An opinion of probable construction coat prepared by the applicant's professional engineer, or the
actual contractor's bid, which includes the cost of all required improvements
3.2.9.1.S Subdivision performance security, as further described herein, in an amount equal to one hundred
and ten percent (1105~) of the sum of construction costs for all on-site and off-site required
improvements based on the applicant's professional engineer's opinion or contract bid price. The
subdivision perfo .rmance 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. E~erow Agreement with the First Mortgagee of the entire final subdivision.plat
3.2.9.1.6 After the final subdivision plat has been approved by the Development Services Director for
compliance with this Code as provided in this Division, the applicant shall r~ubmlt five (5)
certified sets of the previously approved improvement plans along with approved copiee of all
required County, state and federal construction permits. The applicant shall also submit a
computer disk containing the drr, ving file in Auto CAD software format, or a similar format,
which ia translatable to Auto CAD and acceptable to the Development Services Director, or
alternatively, the applicant may submit a dimensionally stable 1'= I00' plate containing all
dimensions otherwise suitable for digitization. Ail construction permits required from local, state
and federal agencies mu~t be submitted to the Development Services Director prior to commencing
development within any phase of a project requiting such permits.
· 3.2.9.1.7 Approval of the final subdivision plat shall not constitute acceptance of the dedicated facilities or
areas. Accepttnce'of any such dedicated facilities or areas and responsibility for their maintenance
'. shall be by separate resolution of the Board of County Commissioners.
3.2.9.1.8 Ail conveyance instruments shall be in a form approved by the County Attorney prior to their
submission to the Board of Commissioners for acceptance. If requested by the Development
Services Director, the grantee shall provide, at no cost to the County, a title opinion, ot certificate
in a form promulgated by the Florida Insurance Commissioner, which is in conformance with the
County's procedures for acquiring real property interests. No conveyance instrument shall be
recorded prior to recordation of the final subdivision plat and formal acceptance of the conveyance
by the Board of Commissioners. ·
· 3.2.9.2 F~laJ $0bdlvislon Pint Submission Requ_ irements. The'final plat shall be drawn on only standard
size 24 inch a 36 inch sheets of mylar or other approved material in conformance with Chapter
177, Florida Statutes. The final plat shall be prepared by a land surveyor currently registered in
the State of Florida and is to be clearly and legibly drawn with black permanent drawing ink or
a photographic silver emulsion mylar, to a~scale of not smaller than I inch = I00 fegt. The final
Collier Courtly $-$$ October $0. ! ~,~1
Larut Devetopmenl 'Lade
plat shall be prepared in accordance with the provisions of Chapter 177, Florida Statutes, as
amended, and shall conform, at a minimum, to the followin.' g r~uircments:
3.2.9.2.1 Name or Subdivision. The plat shall have a title or name acceptable to the Development Services
Director. When the plat is a new subdivision, tim name of the subdivision shall not duplicate or
be phonetically similar to the name of any existing subdivision. When the plat is an additional unit
or section by tho same developer or successor in title to a recorded subdivision, it shall carry the
same name as the existing subdivision and as necessary a sequential numeric or alphabetic symbol
to denote and identify the new plat from tho original plat. If the name of the subdivision is not
consistent with the name utilized for any zoning .action for the subject property, a general note
shall be added to the plat cover sheet which identifies the zoning action name and ordinance
number which approved such action.
3,2.9.2.2 Title. Tho plat shall have a title printed in bold legible letters on each sheet containing the name
of the subdivision. The subtitle shall include the name of the County and State; the section,
township and range as applicable or if in a land grant, so stated; and if the plat is a replat,
amendment or addition to an existing subdivision, it shall include the words 'section", "unit',
'replat", 'amendment", or tho like.
3.2.9.2.3 121~;:i::iRfiRn. There shall be lettered or printed upon the plat a full and detailed deacr~ption of the
land embraced in the plat. The description shall show the section, township and range in which
the lands am sitt~ted or if a land grant, so stated, and shall be so complete that from it without
reference to the map the starting point can be deiermined and the boundaries identified.
3,2.9.2.4 Index. The plat shall contain a sheet index on Page 1, showing the entire subdivision on the sheet
indexing the area shown on each suc-'__,s~__ing sheet and each sheet shall contain an index delineati0, g
that portion of tho subdivision shown on that sheet in relation to the entire subdivision. When
mor~ than one sheet shall be used to accurately portray the lands' subdivided, each sheet shall show
the particular number of that sheet and the total number of sheets included as well as clearly
labeled match lines to each sheet.
3.2.9.2.5 ~;fl:y.r,y..]~t~. The final plat shall comply with Chapter 177, Fl;, Stat., and shall show the length
of all arcs together with central angles, radii, chord bearing, chord length and points of curvature.
'. Sufficient survey data shall be shown to positively describe the boundary of each lot, block, right-
of-way, easement, required conservation or pruerve area and all other like or similar areas shown
on the plat or within, the boundary of the plat as shown in the description. The survey data .
contained on tho plat shall also incl,ude:
1. ' The scale, both stated and graphically iljustrated, on each graphic sheet.
2. A north arrow shall be drawn on each sheet that shows the geometric layout and the
configuration of. the pro .p~rty to bo platted. The north direction shall be at the top or left
margin of the map where practicable.
3. The points of befinn~,g and the commencement shall be boldly shown for any metes and
bounds description.
oi9
Collier Com~ 3-34 October $0.
~ Devetopment Code
4. AH intersecting street right-of-way lines shall be joined by a curve with a minimum
radius of 25 feet
5. Ail adjoining property shall be identified by a subdivision title, plat book and page or if
unplatted, the land shall be .so designated.
6. Permanent r~ference monuments shall be shown in the manner prescribed by Chapter
177, Florida Statutes, ns amended, and shall be installed prior to. recordinX of the f'mal
plat.
7. Ther~ shall be reserved a spa~ in tho upper right hand comer of each sheet for the
words 'Plat Book ~0 and "Page ' with the minimum letter size of 114 inch. On the
line directly below, a ~ for 'Sheet ~ of --%
8. The map shall mathematically clos~ and when practical shall be tied to all Section,
Township and Range lines ~.curring within the subdivision by distance and bearing' wher~
applicable.
9. The cover sheet or first page of the plat shall show a location plan, showing thc. "
subdivision's location in r~f~fo-,ce to other areas of the County. ~
10. The minimum size for any letter or numeral shall be Il10 inch. x
11. All line and curve tables ar~ to be shown on the same sheet as the gr~phin drawing they
relate to..When possible, dimensions shall b~ shown directly on the map.
3.2.9.2.6. Lot and BIo~k ldentifieatlon. Each lot, block, or other like or similar parcel, however described,
shall be numbered or lettenM. All lots shah be numbered or lettered by progn~ssive numbers or
letters individually throughout the subdivision or progressively numbered or lettered in each block,
not necessarily starting with the number "erin' ('1') or letter "A". Parcels and blocks in each
incremental plat shall be numbered or lettered consecutively throughout a subdivision. All parcels
which constitute a protected/preserve ar~a shall be labelled as an easement or tract. Ali
protected/preaerv, ama easements or tracts shall be dedicated on the £mal subdivision plat to
Collier County without the respomibility for maintenance and to a property owner's association
or similar entity with maintenance responsibilities pursuant to. Sec. 3.2.8.4.7.3.
'3.2.9.2.7 Street Names. The plat shall contain the name of each strut shown on the plat in conformance
with the design requirements of this Division.
3.2.9.2.8 OutDar~els. All interior excepted parcels shall be clearly indicated and labelled "Not a Part of this
Plat'.
3.2.9.2.9 Rinhts-of-Wav and Easement,. Ali right-of-way and easement widths and dimensions shall be
shown on tbe plat..No easement of any type shall be utilized to gain access to any platted lot
unless expr~aly allowed through a minor subdivision. All lots must have frontsg, on a public or
private right-of-way in conformanc~ with tbe design r~luir~ments of this Division.
Collier County $'$$ October JO. 1991
L~d De~lopmcnl Codt
3.2.9.2.10 R~trtctions. Reservations ,,nd Restrictive Covenant~. Restrictions pertaining to the typ~ and
use of water mpply, typa and use of sanitary facilities; use, responsibility of maintenance and
benefits of water or water management areas, canals, preserve and conservation areas, and other
open spaces; odd-shaped and sub-standard parcels; restrictions controlling building lines;
establishment and maintenance of buffer strips and wallS; and restrictions of similar nature shall
require the e~tblishment of restrictive covenants and the existence of such covenants shall be
noted on the plat by reference to Official Record Book and page numbers in Ihe Public Records
of Collier County. Documents pertaining to restrictive covenants shall be submitted with the final
plat. ·
3.2.9.2.11 Private Streets and Related Facilities. All streets and their misted facilities designed to s~rve
more than one property owner shall be dedicated to the public use; however private streets shall
be permitted within property under single ownership or control of a property owners' association
a condominium or cooperative association or other like or similar entity. Where private streets are
permitted, ownership and maintenance association documents shall be submitted with the final plat
and the dedication contained on the plat shall clearly dedicate the roads and maintenance
responsibility to the association without responsibility to the County or any other public agency.
The rights-of-way and related facilities shall be identified a~ tracts for roads and other purpose.,}
under specific ownership. All private streets shall be constructed in the same manner ~ public
streets and the submission of improvement plans with required information shall apply eq~lly to
private streets pursuant to Div. 3.2.8.4.16.
3.2.9.2.12 C~rtifieation and At~nroval$. The plat shall contain on the first page the following certifications
and approvals, acknowledged if required by law, all being in the form set forth in Appendix C
to this Code. Tho geometric layout and configuration of the property to be platted 'shall not be
shown on the page(s) containing the certifications, approvals and other textual data associated with
the plat when practical.
1. Dedications. The purpose of all reserved areas shown on the plat shall be defined in the
dedication on the plat. All areas dedicated for use by the residents of the subdivision shall'
be so de~iguated and all areas dedicated for public use, such as parks, rights-of-ways,
easements for drsinsge and conservation purposes and any other area, however
designated, shall be dedicated by the owner of the land at the time the plat is r~corded.
Such dedication and the responsibility for their ma..intenance shall require a separate
acceptance .by resolution of the Board of County Commissioners. No dedications items
shall be included in the General Note for the Plat.
2. M0rt~_n~ee's Consent and At}oroval. Identification of all mortgages and appropriate
recording information together with all Mortgagees' consents and approvals of the
dedication shall be r~iuired on all plata where mortgages encumber the land to be platted.
The signature(s) of the mortgagee or mortgagees, as the case may be, must lac witne~.xl
and the execution must be acknowledged in the same manner as deeds are required to be
witnesr, ed and acknowledged, in case the mortgagee is a corporation, the consent and
approval shall be signed on behalf of the corporation by the presidant, vice president or
chief executive officer.
Collier County $-§6 October $0. 1991
I.~nd Development C~e
3. Certification of Surveyor. The plat shall contain the signature, registration number and
official seal of the land surveyor, certifying that the plat is a r~resentation of the land
surveyed under his responsible directi6n and supervision and that the survey data
compiled and shown on the plat complies with all of the r~iuirements of Chapter 177,
Florida Statutes, as amended, and this Division. The certification shall also state that
permanent reference monuments, 'P.R.M.", have been ,ct in compliance with Chapter
177, Florida Statutes, a~ amended, and this Division, and that P.C.P.'s will be set under
the direction and supervision of the surveyor within two (2) months after completion of
re~quired improvements. Upon installation of the P.C.P.'s. the surveyor musi submit to
the Development Services Director written certification that the installation work has been'
properly completed. When required improvements have been completed prior to the
recording of a plat, the certification shall state the P.C.P.'s have been set in compliance
with the laws of the State of Florida and ordinances of Collier County. When plats are
recorded and improvements are to be accomplished under performance security posted
as provided for by this Division, the required improvements and performance g~rantee
shall include P.C.P.'s.
4. Sigr~lUf~ Block for Board of County Commissioners and Clerk of Circuit CourL
Tho plat shall contain tho approval and signature block for tho Board o"f County
Commissioners and tho acknowledgement and signature block of the. Clerk of Circuit
Court. "
5. $i2natvr~ Block for Develoome~t Services Director. The plat shall contain the approval
and the signature block of the Development Services Director.
6. Si2nature Block for Director of Environmental Health. Utilities Ennineerlnn Director
and County Attorney. The plat shall contain tho approval and signature block for the
Director of tho Environmental Health Department, Utilities Engineering Director, and
also for tho County Attorney.
7. Certification of Title. A title certification shall be submitted with the plat. Tho title
certification shall'state or describe: (I) that the lands as described and shown on the plat
are in the nan'm, and record title is held by the person, persons or organization executing
the dedication, (2) that all taxes have been paid on 'said lands, (3) ali mortgages on the
land and indicate the Official Record Book and page number of each mortgage. The title
certification shall be an opinion by an attorney at law license, d in Florida, or other entity
approved under Chapter 177.041, Florida Statutes.
8. Instrument Prepared By. The name, street and mailing address of the natural person
who prepared tho plat shall be shown on each sheet. Tho name and address shall be in
statement form consisting of the words, 'This instrument was prepared by (name),
(address)."
3.2.9.2.13 The name of the Section, Township, Range, and if applicable City, Town, Village, County and
State in which the land being platted is situated shall appear under the name of abe. plat on each
sheet. If the subdivision platted ia a reimbdivision of a part or the whole of a previously recorded
· 9 . 3'96
Collier County $-~7 October $0. 1991
Land Development Code
subdivision, tho fact of its being a resubdivision shall ~ stated as · subtitle following the name
of the subdivision wher~er it appears on tho plat.
3.2.9.2.14 The surveyor of record shall sign and seal copies of th,e plat submitted for approval
3.2.9.2.15 The basis of bearings must be clearly stated, i.e., whether to 'Tree Noah';' Grid North as
established by tho NOS"; "Assumed Noah,' etc., and must be based on a well defined line.
3.2.9.2.16 Existirm or Recorded Streets. Tho plat shall shmv tho name, location and width of ali existing
or re, corded streets intenecting or contiguous to the boundary of the plat, accurately tied to
boundary of tho plat by bearings ,and distances.
C~olller County $-$~ October $0. 1991
[.and Development Code
DIV 3.3 DEVELOPMENT PLANS.
SEC. 3.3.1 TITLE AND Ci~ATION. This division shall be known and may be cited as the "Collier County
Site Development Plan Code.'
SEC. 3.3.2 PUR~. The intent of this Division is to ensure compliance with the appropriate land
development regulUions prior to the issusncz of a building permit. This Division is further
intended to ensure that the proposed development complies with fundamental plann~g sad design
principles such as: consistency with the County's Growth Management Plan; the layout and
arrangement of 'buildings and open spaces; the configuration of the traffic circulation system,
including driveways, parking areas and emergency access; the availability and capacity of drainage
and utility facilities; and, overall compatibility with adjacent development within the jurisdiction
of Collier County and consideration of natural resources and proposed impacts thereon.
SEC. 3.3.3 AJ~..~]~[~. All development, with the exception of a single lot or parcel proposing a
single family detached unit or a duplex unit, shall bz subject to sim development plan review and
approval. A preliminary sit~ development plan, when required, shall bz reviewed and approved
prior to tl~ submittal of a final iim development plan.
SEC. 3.3.4 ]~,~[~. ~ to its location or minimal impact on surrounding properties and probable
n~nimal impacts under the site development plan review standard contained in Sec. 3.3.6, standard
application requirements as described in Secs. 3.3.5.4 and 3.3.5.5 may be waived in part or in
full by the Development Services Director for a~'iculturally related development as identified in
the permitted and accessory us~s in the Rural Agricultural District and located within any area
designated Agricultural on the Future Land Use Map of the Collier County Growth Management
Plan and the Collier County Official Zoning Atlas.
Waiver of standard application requirements as identified within Seca. 3.3.5.4 and 3.3.5.5 shall
be requested by the applicant prior to actual submission of a site development plan and shall be
accompanied with a sketch or conceptual plan of the propose~ development which will identify
the total acreage of the site, a vegetatioi~ survey utilizing the FLUCC.5 code categories, a soils
map, contiguous property under the ownership oftha applicant, proposed and existing uses on the
site, number of ~ of the facility and traffic circulation which will be used to determine
potential impact on adjacent properties.
SEC. 3.3.5 SITE DEVELOPMENT PLAN' REVIEW PROCEDURE-q, A mandatory pr~-application
meeting shall be conducted by t~ Development 5e~ices Director to determine the type of review
process of all site development plan proposals. Submittal of a site development plan shall conform'
to one of the following review procedures:
3.3.5.1 Minor Site Develoument Hah Review. Submittal of a site development plan under the minor
review process shall be in conformance with 5ecs. 3.3.5.5, final site development plan.
applications, together with tho following preliminary site development plan application
requirements: 5ecs. 3.3.5.4.1, 3.3.5.4.2.1 - 3.3.5.4.2.5, 3.3.5.4.2.6.b-f, 3.3.5.4.2.7.a-f,
3.3.5.4.2.8.b, 'f, h, 3.3.5.4.2.8.k-m, 3.3.5.4.3-3.3.5.4.6. A site development plan may be
Collier Com~ $- 9 Ocwber JO. 1991
reviewed under the Minor SDP review process if the plan ~hmittal meets the following
conditions:
3.3.5.1.1 Th~ project does not require a South Florida Water Management Distr~ct permit and/or
modification to an existing permit unless pre-approved and submitted with the SDP application.
3.3.S.I.2 Central sewer and water am available at the property line or the ability to use well and septic tank
systems exists.
3.3.5.1.3 Approval for encroachment into any easement(a) ia submitted with any SDP application. ~A~ere
an encroachment on or into an easement over the lands for which the SDP has been submitted
clearly appears to be consistent wig all existing easements affected, the requirement for approval
from the easement holder(s) may be waived. Any such waiver shall not be construed as legal
advice nor does it mean that any applicant or owner is otherwise relieved of the necessity or
obligation to comply with or be subject to any law or rights of third parties, including easement
rights held by Collier County, relative to the encroachment.
3.3.5.1.4 No standpipe or sprinkler system required.
3.3.5.1.5 No area~ on site with existing ST overlay.
3.3.5.1.6 If no Environmental Iml~Ct Statement is required or an Environmental Impact Statement has been
previously waived.
3.3.5.1.9' SDP ia for entire site with no phasing of infrastructure and required site improvements.
3.3.5.:Z Maior Site Develooment Plan Review ~on-Phasedl. Submittal of a site development plan for
a development in which all site related improvements will be completed for the entire property
shall cont'orm to the following preliminary and final site development plan application
requirements:
3.3.5.2.1 Preliminary site development plan application requirements, Sec. 3.3.5.4.
3.3.$.;Z.2 Final site development plan application requirements, Sec. 3.3.5.5, for the phase requesting ~nal
site development plan approval.
3.3.5.3 Maior Site Develoome~t i~an Review ~Phased). A modified two-step preliminary ;nd final site
development plan application process may be utilized for a development to be developed in phases
in conformance with Sec. 3.3.5.4, for preliminary site development plan application as amended
below for the entire property and Sec. ~.3.5.$, for the final site development plan application for
each separate phase of the project depicted on the preliminary site development plan approval:
3.3.5.3.1 Preliminary site development application requirements, Sec. 3.3.5.4, and the t'ollowing additional
information for the site plan proposed pursuant to Sec. 3.3.5.4.2:
1. Site plan must show phasing of developnmnt for infrastructure and structures such that
each ph,,se can be designed and constructed to stand on its own and he sub.,~quently
Collier County . $-~0 October 30.
Lard Development Code
2. Provid~ Muter Water Management Plan and design calculations which depict the water
management system for the entire property. The system shall be designed to meet the
phasing plan proposed.
3. Provide a Utilities Master Plan with design calculations which depict the size and general
location of the w~ter distribution and sewage collection and transmission system for the
entir~ property. The system shall be designed to meet the phasing plan proposed.
3.3;5.3.2 Final site development plan application recluir~nents, Sec. 3.3.5.5.
3.3.5.4 Pre. li,'nimo'v Site l)evelo_mnent Plan Aonllcation Re~_ irements. A pre-application meeting shall
be conducted by the Development Services Director to determine all applicable submittal
requirements which shall includ~ the following, if applicable:
3.3.S.4.1 Owners~R. A copy of the deed, contract for sale or agreement for sale or a notarized statement
of ownership clearly demonstrating ownership and control of the subject lot or parcel of land.
3.3.5.4.2 Site Develo_t~nent Plan. A sim development plan prepan~ on a maximum size sheet measuring
24" X 36" drawn to scale and setting forth the following information:
1. The project title and the name, address and f~hone number of the finn or agent preparing
the plans and the name, address and telephone number of the property owner.
2. Zoning designation and land uses on the subject and adjacent properties.
3. North arrow, ecaJe and
4. Vicinity map clearly identifying the location of tho development and its relationship to
$. A narrative statement on the plan identifying provisions of ownership and maintenan~
6. A sim summary in chart form which shall include the following:
a. Total sim.acreage.
b. Total scluar~ footage of impervious area (including all parking areas, drive-
aisles, and interns1 streets) and its percentage of the total site area.
c. Total sqnsr~ footage of impervious area (including all parking areas, driveways,
loading areas, drivo-aisles, and internal streets) and its percentage of the total
site area.
Cotter ~ $-61 October $0.
Land Development Code
d. Total squua footep of land,cape area/open space and its percentage of the total
site area.
e. For residential projects, toul' number of units, units per acre, and a unit
breakdown by squire footage and number of bedrooms.
f. For n.on-re~idential projects, total building square footage, and a ~lUare footage
breakdown by use (i.e., office, retail, storage, etc.) and its percentage of the
~ building.
7. A.paddag summary ia matrix form which ~h~l include:
a. Type of use.
b. Total squara footage pet use.
c. Required padcing mio.
'& Number of spax:es required pet use.
e. Number of spac~ provided pet use. \ '
f. Total number of required and provided spaces including regu. ltr, handicapped
8. Iljustrative information accurately depicted on the site development plan shall be as
follows unless waived at the pre-application meeting:
a. A boundary survey, prepared by a professioual surveyor, showing the location
and dimensions of all property lines, existing streets or roads, easements, rights-
of-way, and area~ dedicated to the public.
b. N~e, a~ignment and existing/prolx~ fight-of-way of all streets which border
the development (including raised islands, striping, fight/left turn lanes, median
cuts and nearby intersections), and the Io~.ation of all existing driveways or
access points on the opposite sides of all streets which border the development..
c. Location and configuration of ali development ingress and egress points.
d. Location and amm~rnent of all proposed buildings (Including existing buildings
that are to remain).
e. Location and configuration of all parking.and loading areas.
f. Name, alignment and existing/proposed right-of-way of all intcrmtl streets and
~leys.
Collltr Coun:y 1-62 October JO. 1991
Land Dtveiopm~,nt Cadt
g. Directional movement of internal vehicular traffic and its separation from
ped~ri~ traffic.
h. .Location and configuration of rec~atiomd facilities (including related buildings,
golf course mens, teflnis .courts, pools, etc.).
i. Location and general configuration of all water and drainage retention/detention
areas as well as all existing and proposed easements, and water and sewer lines
intended to serve the development.
,i. Location and general configuration of such natural features as
· ~ation/conservation areas, water bodies, and wetlands.
k. Locatio~ of emergency aece~ lanea, fire hydrants and fire lanes.
I. Location of all handicapped parking spaces.
m. Location of trash enclosures.
n. Location and h~ights of ~ wails or fences.
o. Accurate dimensions which include the following:
(1) All building setbacks.
(2) Distance between buildings and accessory structures.
O) .Width of all internal streets.
(4) Ail parking areas and drive aisles.
($) Landscape areas adjacent to all vehicular drives, interior property lines
and all parking' areas?
" p. Any additional relevant information as may be required by the Development
Services Director.
3.3.5.4.3 Landscn_oirm Calculations. Imn~pe calculations in chart form which shall include the
following:
I. Buffering and greening requirements adjacent to vehicul~ rights-of-way pursuant to Sec.
2.4.7.
2. . Buffering. and greening requireanents adjacent.to interior property lines pursuant to Sec.
2.4.7.
3. L.tndacape requirements for the development interior pursuant to Sec. 2.4.5.2.
04'9 402
4. Native species requirement pursuant to $ez:. 2.4.4.1.
3.3.$.4.4 Vc~gl~tion Inventory. A g~li~ ve~ti~ inv~to~ of the p~y shall ~ ~ui~ to the
extent n~, ~ d~n~ at the ~to~ pm-appli~ti~ ~ting, indicting the
approxi~ I~tion, d~iti~ ~d ~i~ of the foll~ng:
i. Upl~, ~l~d ~ ~e vegmti~ including exotic vege~tion prohibit~ by Div.
2. ~y t~ veg~i~ id~tifi~ for p~ation.
.1. Pmj~ ~ining the foll~ing s~ll provide a su~ey idolizing s~i~ ~d I~tions
~ a ~t ~fial photog~ph (I" - 2~' or larger ~ale) or ~ su~fim~ on the site
pl~ ~ to ~ t~l~t~ m oth~ l~tio~ ~ the pm~y.
~ ~t~ ~ofi~ Ga~ ~d F~h Water Fish Co~ion or U.S. Fish ~d
3.3.5.4.5 ~. Heigh~ of p~ st~m~ on ~e pm~y.
3.3.5.4.6 ~. A ~t ~fial p~ ~y ~ ~vid~ at ~e ~ ~le ~ the pl~ delin~ting the
developer ~un~fi~.
relationship of ~e d~el~t ~ th~ app~fia~ ~tivity c~t~ ~d tho ~lat~ gtivity ~d s~ll .
final site d~elop~t pl~ s~ll ~ in ~tial ~mpli~ce with the appmv~ p~li~na~ site
developer pi~, wh~ ~h ~i~ is ~ui~. ~ foll~ing info~tion shall ~ ~uir~ for
all final sito developer pl~ applicatiohs ~ ~y ~ applicable:
3.3.5.5. I ~. A de~il~ site d~el~t pl~ prcpa~ on a ~ximum si~ sh~t ~sufing 24' x 36',
drawn to gale ~d ~tting fo~h all ~ui~ on~it~ ~d off-site impmve~n~ ~d provisions to
includ~ the following:
!. Comple~ legal d~fiption including ~ su~y.
~ Development
5. Walls ~d f~ i~l~ing l~ti~ ~d h~gh~.
7. A~ for ~fi~, vehi~lar ~d g~i~. Poin~ of ingr~ ~d egr~.
8. ~e p~ I~ti~, si~ ~ height of ali traffic c~trol si~s. For other develop~nt
13. ~lid ~m di~! fgiliti~.
14. Exist~g ~d pm~ ~ ~cl~ing, but not li~t~ to ing~/eg~, water
~age~nt ~d public/~nty utiliti~.
15. Buffer a~.
17. ~e l~tion ~d ~nfi~ti~ of ~tic syge~, with ~ui~ o~ ar~, or interim
19. Water ~d ~ system ~gtion ~in~ ~d confi~rafion on~it~.
1. ~dga~ ~ in ~tfix fo~ which shall include:
a. Graphic sym~l to indi~te ~h t~ of pl~t ~tefial.
Collier C~ 3~J t~ober 30. I~1
~ De~lopment C~e
b. Botanical nam.
d. Total number of each typo of plant ngtte~al.
e. Heigh. t and si~ad of each type of plant material. ,
f. Spacing of each type of plant material.
2. Iljustrative lnformafiqm. Iljustrative information consisting of the following shall be'
accurately depicted on tim landscape plan:
a. The lecation, configuration and arrangement of all proposed buildings, internal
streets and parking areas as reflected on the site plan. '
b. The location and dimensions of all proposed landscaped areas with appropriate
graphic symbols including existing trees that are being credited toward
development*s landscaping.
c. Location and configuration of all spatial or textured paving avens.
d. Provisions for site irrigation.
e. Any additional relevant information as may be required by the Development
Services Director.
3.3.5.5.3 ~iJ~i~l~. Plan~ showing proposed building footprints, configuration and building heights.
3.3.5.5.4 Soft Erosion and Sediment Control Plan. A Soil Erosion and Sediment Control Plan pursuant'
to Div. 3.7.
· 3.3.5.5.5 Infrastructure Imo~ovem~nt Plam~ Deteiled on-site and off-site infrastructure improvement plans
and construction documents prepared in conformance with the design standards o~' Div. :3.2 and
any current County ordinances, regulations, policies and procedures which consists of, but are not
limited to, the following items:
I. A cover sheet setting forth the development name, applicant name, name of engineering
firm, and vicinity nap.
2. Improvements for water and sewer service as needed or as may have been specified
during a preliminary site development plan review prepared in conformance with Collier
County Ordinance No. 88-76, as amended.
3. Improvements for roadway, traffic circulation, ingress and egress, parking and other
transportation needs required or as may have been specified during the preliminary site
development plan review, prcpartxl in conformance with Sec. 3.2.8.4 subdivision design
49 .405
Collier County $-66 October JO, 1991
Land Development Code
requirements (For purpos~ of this requirement, all references in Sec. 3.2.8.4 to
'subdivision' should bo read to mean development, where applicable and appropriate).
4. Improvements for water management as needed 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 (for purposes of this requirement, all references in Sec.
3.2.8.4 to 'subdivision' should be read to.mean development, where applicable and
appropriate), and pursuant to South Florida Wat~t Management District Rules, Chapter
40E-4, 40E-40 and 40E-41, Florida Administrative Code.
5. All nece~ary standard and special details associated with Secs. 3.3.5.5.5.2 through
3.3.$.5;5.4 above.
6. Written technical q~z:ifications for all infrastructure improvements to bo performed.
7, Engineering design ¢omputstions and ~ for water, sewer, roads and water
tnanagement facilities, as required by federal, state and local laws and r~gulations.
8. Topographical map of tho property which shall include the following:
a. Existing features, such as, water courses, drainage ditches, lakes, marshes.
b. Existing contours or ~tstive ground elevations at spot locations and
minimum of fif~y feet (50') beyond pm~rty line.
c. Bcoclunark locations and elevation (NGVD).
9. Site cleating plan and method of vegetation disposal.
3.3.5.5.6 Permits. Ali necessary permits or applications requiring County approval and other appurtenant
permitting and construction r~lated items including but not limited to the following shall be
submitted and approved with the sito devvlopment plan, except as noted below:
.. 1. Florida Department of Envi~tsl Regulation water and sewer facilities construction
permit application.
2. Excavation permits application.
3. ' Florida Department of Transportstion utilities construction application and/or rights-of- '
way construction permits.
4. Collier County rights-of-way pe~nit at the tim of building permit approval.
$. . Blasting permit prior to commencement of any blasting operation.
6. South Florida Water Management District permit, if required, or, Collier County general
permit for water management prior to site development plan approval.
Collier Count~ $'~? · O*to~r $0,
~ Developmen$ Code
7. Interim wastewater and/or water treatment plant construction or interim septic system
and/or private well permits prior to building permit approval.
8. Any additional state and federal permits which may be required prior to commencement
of construction, including impacts on jurisdictional wetlands and habitat involving
protected species.
9. Any specific agreements specified between.the spplicant and the County during the
preliminary site development plan process prior to site development plan approval.
10. All other pertinent data, computations,, plans, reports, and the like necessary for the
proper design and construction of the development submitted for consideration.
1 I. All necessary performance ~ecurities required by Collier County ordinances in effect at
the time of construction.
12. The applicant shall submit evidence that all necessary land development related permits
have been issued prior to the commencement of construction for the phase requesting
approval.
SEC. 3.3.6 SITE DEVELOPMENT PLAN STANDARDS, Th~ Development Services Director shall review
and consider all preliminary and final site development plans. In reaching a decision to approve,
approve with conditions, or to disapprove, the Development Services Director shall evaluate the
preliminary and final site development plans by the following standards:
3.3.6.1 Statements regarding ownership and control of the property and the development as well. as
sufficiency of conditions regarding ownership and control, use and perrmment maintenance of
common open space, common facilities, conservation/prezervation areas, or common lands to
ensure preservation of such lands and facilities will not become a future liability of tho COunty.
3.3.6.2 Development compliance with all appropriate zoning regulations.
3.3.6.3 The ingresa and egress to the proposed dex;elopment and its proposed improvements, vehicular and
pedestrian safety, separation of vehicular traffic from pedestrian and other traffic, traffic flow and
control, provision of services and servicing of utilities and refuse collection, and access in case
of fire, cats.strophe or other emergency.
3.3.6.4 The location and relationship of parking and loading facilities to thoroughfares and internal traffic
patterns within the proposed development, considering vehicular and pedestrian safety, traffic flow ·
and control, access in case of fire or catastrophe, and screening and landscaping.
3.3.6.5 Adequacy of recreation facilities and ope'n spaces considering the size, location, and development
of these areas with regard to adequacy, effect on tho privacy of adjacent and nearby properties as
well as uses within the proposed development, and the relationship to community-wide open spaces
and recreation facilities.
Collier County $-4~ October $0. 1991
Land Development Code
3.3.6.6 Ad,xluacy of the proposed landscai~ screens and buffers considering preservation of the
development's internal land uses as wall as compatibility with adjacent land uses.
3.3.6.7 Water management master plan on the property, considering its effect on adjacent and nearby
properties and the consequences of such water n~nagement master plan on overall County
cap~cities.
3.3.6.8 Adequacy of utility service, considering hook-in location and availability and capacity for the uses
projected.
3.3.6.9 Such other standards a~ may be i .mpgsed by this Code, tho Growth Management Plan or other
applicable regulations for the particular use or activity proposed.
3.3.6.10 Signage proposed for the project shall be in conformity with Collier County Sign Code, Division
2.5, and shall not be reviewed and approved as part of tho site development plan process.
SEC. 3.3.7 ~~[T~.
3.3.7.1 Any proposed change or amendment to a previmssly approved site development plan shall be
subject to review and approval by tho Development Services Director. Upon submittal of a plan
clcarly iljustrating the proposed change, the Development Services Director shall determine
whether or not it constitutes a substantial change. In the event a substantial change is identified,
both the preliminary (if required) and the final site development plan shall be amended to reflect
the change and shall follow the same review procedure as set forth for a new site development
plan application (refer to Sec. 3.3.5 and 3.3.6). A substantial change shall be defined as:'
'3.3.7.1.1 Any change which substsntially affects existing transportation circulation, parking or building
arrangements, drainage, landscaping, buffering, identified preservation/conservation areas and
other site development plan considerations; or
· 3.3.7.1.2 Any other change the Development Services Director may determine ~ significantly altering the
general layout, confighration and arrangement of the project.
3.3.7.2 In the event the Development Services Director determines the change to be less than sub'stant~al,
both the preliminary, if required, and final site development plan shall .be amended to reflect the '
change, but shall not be required ~o follow the ri:view procedure as s~t forth for a new site
development plan.
SEC. 3.3.8 SITE DEVELOPMENT PLAN TIME LIMrr~. Approved Final Site Development plans shall
remain in force for two (2) years, if no development (actual construction) has commenced within
two years, th~ Site Development 'Plan shall expire. One (1) one-year extension may be granted
for good cause shown upon written application submitted to the Development Services Director
prior to'expiration of the preceding approval. When extending the Final Site Development Plan
approval, the Development Services Director shall require the approval to be modified to bring
the plan into compliance with any new provision of of this Code in effect at the time of the
extension request.
Collier County 3.~9 October JO. 1991
Land Development ~.'ode
SEC. 3.3.9 ~]_O_~. No building permit or certificate of occupancy shall be issued except in
compliance with the approved final site developtrent plan. Violation of the terms identified in the
approved f'mal site development plan shall constitute a violation of this Code.
Collier Cornet $-70' October JO. 1991
Land Dovlopment Code
DIV. 3.4 EXPLOSIVES.
SEC. 3.4.1 TITLE AND crrATION. This Division d~all be known and may be cited a~ the 'Collier County
Explosivea Regulations."
SEC. 3.4.2 l~[~a~, This Division is inters__,·_ to control and regulate explosives in Collier County for the
protection of th~ public health, ~afuty, and welfare of it~ citizens, and to prevent damage to
property, permnal injury and Io~ of life resulting from detonations of explo~ives. Further this
division ia intended to prevent the .IX~.m~ion and uae of explc~ives by unauthorized persona in the
unincorporated ·rea· of Collier County, or in roadways maintained by Collier County but which
lie within municipal boundaries of Collier County, and to protect the ~tructural and physical
integrity of private and public facilities and materials along tach roadways. It is to be libendly
construed to accomplish ~uch intent and purpo~. Further, it is the intent of this division to
r=cogniz= that a 'User of £xplo~ives Lt.'cent' and "Blaater Permit" mu~ be approved and issued
by the State of Florida and that, in addition to the requirements of thi· division, the Uaer and
Blaster is re~xnuiblo for compliance with State or Federal Explosive RegUlations including, but
not limited to, the following:
3.4.2.1 Tho United State~ Department of Labor Occupational $·fc~y and Health Administration,
Occupational Safety and Health Standards Subpart H "Explosives and Blasting Agents", Section
1910.109 and 5ubpart U 'Bla~ing and ~z Uae of £xplo~iv· B', Section 1926.900 through and
including Section 1926.914.
3.4.2.2 The State of Florida enactment of Chapter 552 of the Florida Statutes and the State Fir= Matzhal's
regulatory rules designated aa Chapter 4A-2, Florida Adminimativ· Code.
3.4.2.3 Tho National Fir= Protection A~ociation 495, Code for the Manufacture, Transportation, Storage
and Uae of Explosive Materials 1985 Edition.
SEC. 3.4.3 APPLICABILITY: PERMIT REOUIRED. It ~hall be unlawful for any person to acquire,
· . lX)r~ne~, handl·, ditq)oae of, st·r= or u~ an explnsiv· in Collier County without first obtaining ·
Collier County "U~er/Blaster Permit' (hereinafter referred to as 'Permit') issued pursuant to'the
provisions of this division. A Permit obtained by · User in accordan.ce with provisions of this
division shall be sufficient to authorize th·so blaa~rs and handlers who ar= employed or engaged
by.the Umr and who ara fully disclosed to Collier County in accordance with Permit'application
requirement~ and conditions of this division.
SEC. 3.4.4 EXEMPTIONS FROM PERMIT RI~OUIRI~Mi~NT$. Tho following are exempt from the
pr·vi·ions of this division:
· 3.4.4.1 The United States Department of th· Interior Bureau of Mines, tho Federal Bureau of
Investigation, the United States Secret Service or tho Collier County Sheriff's designated
employee/personnel and all other law enforcement officials acting in their respective official
capacitie~ in performance of th·ir duties. This exemption shall be applicable only to the personnel
of these agencies and shall not apply to private contractors and subcontractors employed by the~
Collier County J. 71 October $0, 1991
Land Development'Code
Dlvf, d~n $, 4 ~.r. plos't~s
3.4:4.2 The sale nnd delivery of explosives and the sale or use of pyrotechnics (fireworks) in accordance
with applicable C. ollier County ordinances.
3,4,4.3 The' transportation of explosives through' Collier County under regulations of the Federal
Department of Transportation 49CFR (Code of Federal Regulations) Parts 100 to 177.
3.4.4..4 The Armed Forces of the United States or the State Militia.
3.4.4.5 The po~easion, transportation and use of small arms ammunition and supplies such as black
powder and smokeless powder.
SEC, 3.4.5 FERMrT APFLICATION REOUIREMENT$ AND CONDITIONS.
3.4.5.1 General A aolication Reau|rements, Application for the Collier County User/Blaster Permit shall
be pursuant to a letter of application for the permit signed by the User and filed with the
Development Services Department. Th~ application letter shall detail the purpose of the permit and
shall include, but shall not be limited to, the following data and information or, whe .re applicable,
shall have such data and information submitted as an attachment. It is not the intent of this division
to require an applicant who has previously obtained a State of Florida 'User of Explosives"
License or "Explosive Blaster Permit' to again produce original data and information (other than
the originals requested in Sec. 3.4.5.1.1 through'3.4.5.1.6 below) that was supplied as part of the
application process for the State license or permit and which original data and information is on
file with the Development Services Department. tn the event that application data or information
required by this Section has been previously supplied to the Department of Natural Resources, .the
applicant may supply copies of such information to Collier County to fulfill the specific data or
information requirement.
3.4.5.1.1 A Collier County fingerprint information card which has been completed by the User (or its legal
representative), all blasters and handlers.
' 3.4.5.1.2 Full name, address and the telephone number of the User or its representatives.
'- 3,4.5.1.3 A physical description of the User and all blasters and handlers.
3.4.5.1.4 Fingerprints of the User and all blasters and handlers.
3.4.5.1.5 The signature of the User and ali bluters and handlers.
3.4.5.1,6 Eecent photographs of the User and all blasters and handlers.
3.4,5.1.7 A legal description of the site ai which blasting will occur, including Section, Township, and
Range..
3.4.5.1.8 The dates on which the blasting is expected to commence and terminate and a detailed explanation
of the reason and purpose of the blasting.
3.4.5.1.9 Copies of the User's State of Florida 'User of Explosives" and "Explosive Blaster Permit"
Collier County 3-72 October JO, 1991
l,and Development 'Code
lic~me~ ~nd when ~pplic~bla 'M~uf~ctur~ Di~tributo~ of Expl~iv~' S~ of ~od~ Expl~ive
3.4.$.1,10 Di~ ~ ~ b~g si~ ~d ~1 neigh~g p~i~.
3.4.5.1.11 W~ au~ti~ ~fofau~~ ~m
~ ~ ~i~e num~ of ~ ~s) ~ ~d~g:
I. Au~i~ m bl~
~ o~ ~ ~ ~t ~i~ ~d v~ ~mpli~ with tho p~visi~ns of
divisi~ ~d ~ bl~g
3. F~ g~hysi~ ~c ~ti~, le~l ~ui~, ~ch ~y ~ ~ th~ f~ of a
I~, ~t~ ~ui~ of ~ ~ of th~ ~n~ls, or ~ affi~vit of the appli~t
~ ~ ~ ~11
expl~v~ f~ oil, ~,
4. Evid~ of ~li~ ~ ~ i~ ~i~ u ~ fo~ ~ S~. 3~10 of
~s di~.
5. E~ of ~t a~s, ~ a~li~blo, from ~ S~ of ~ D~a~t
of N~ R~, or o~ f~, ~ ~ I~ ag~ci~ ~v~g jufi~icti~ ov~
6. A ~ ~t ~ ~ U~ ~ ~ ~s divi~ ~d ag~ ~ ~duct ~1 bl~g
~fiviti~ ~ ~~ ~ ~s divi~ ~d all appli~blo ~ ~d Sate ~ ~d
I~.
7. ~o ~, ~.
if ~difi~ ~t f~ ~ dunti~ of ~o blut~g ~tiviti~.
8. V~fi~ti~ of ~j~ ~l~t ~1 by ~[li~ ~ ~ ~e bl~g is to
~ done ~ ~j~ction ~ ~h d~el~t.
3.4.5.1.12 ~y oth~ ~fo~tion or ~a ~bly ~ui~ ~d ~u~t~ by tho Develop~nt Se~ic~
Di~r in o~ ~ ~lly ~ or ~m ~y ~ial ci~~ or ~identio~ for ~t
appli~tion appeal a~li~ble to ~ific bl~ing sit~s). (~er info~tion or ~ ~ui~ ~d
~t~ by ~ D~el~t ~i~ .Di~ is not ~d~ to ~ui~ tho ~b~ion of
G~physi~l ~fo~ti~ or ~a wh~ ~o ~fid~ti~ity of ~ch info~tion or ~ is p~t~t~
by ~n ~w, S~ S~ ~ ~ Ad~ntivo Rulo pmmulga~ the~der.)
3.4.5.2 Bl~ti~xol~iv~ Info~ation.
3.4.5.2.1 A si~ pl~ shag ~e ~t~d~ bl~ing I~tio~ ~d ex~t~ pat~m of explosion. For
g~physi~ ~is~c bl~g a I~ti~ ~p~! ~ ~b~tt~ ~ pl~ of the site pl~.
' ffi fl49 412 ·
~er ~ 3.7~ Oc~ber JO, 1~1
3.4.5.2.2 A full description of the following blasting information: (in cases where a manufacturer,
distributor or des[er who is acting as a User in conjunction with a conunercial excavation and that
site'S r~pr~entative(s) is purchasing explosives and has a User's license, it shall be the
responsibility of the site's User or blaster to supply the appropriate information contained below
to the Development Services Director for review and'approval prior to placement of explosives
within t~e ground).
1. Depth and number of holes.
2. Siza of ~he holes.
3. Siza of the explosive charges.
4. Maximum number of pounds of explosives per hole; maximum pounds per delay.
5. Number of holes which are I~lanned to be shot each day.
6. Type of initiation device to be utilized, i.e.~ blasting caps, detonating cord, etc.
7. The hour of the day when bl~tsting will' occur.
8. The pounds per shot when underwater 'Doby' detonation is performed (if such
information is applicable to the blasting activity.)
3.4.5.2.3 When geophysical seismic blasting is to occur, the application shall include · list of the names,
addresses, social security numbers and telePhone numbers of ali employees of the geophysical
seismic parties.
1. The User shall update the list and applicable inforn~tion should it becom~ necessary
during the geophysical seismic operation.
'. 2. Tho User shall provide a statement that all blasters and handlers are employed, by 3he
User and that the User accepts full rmponsibility for the actions of all blasters and
handlers while engaged in the course and scope of their employment by User.
3.. The User shall file with the Development Services Director, at the tim~ of permit
application, the name, address, telePhone number and business affiliation ora third party
observer(s) who meets all requirements of this division.
SEC. 3.4.6 OBLIGATION OF USER TO UTILITIES.
Prior to' Permit issuance, the User shall make appropriate arrangements with all u{ility companies
which may be affected by the blasting to minimiza the chance of damage to utility facilities. The
User shall notify, at least twenty-four (24) hours prior to blasting, all utility companies which have
facilities or equipment which may be affected by th~ blasting.
Collier Cou~r~ $.74 October $0. 1901
~ De~lopmcn~'Cod~
bEC. 3.4.7 FERM'IT AFPLICATION REVXE"q~ PROCEDURF.~.
3.4.7.1 Upon submittal of the Iotte~ of application to the office of the Development Services Director,
processing shall commence.
3.4.7.1.1 A field review of the sit~ may be requited at the discretion of the Development Services Director.
3.4.7.1.2 Checks may be performed by law enforcement officials on all permit requests and on~the User,
blaster or handler.
3.4.7.1.3 Prior to detonation of explosive~, the ~ for any pre-blast inspection survey(s) shah be solely
the ~ibility and at the discretion of the User or blaster. '.
3.4.7.1.4 If the User or bla~,t has a preblast inspection survey(s) performed, a written listing of structures
inspected shall be provided to the Development Services Director. ----
3.4.7.2 Within ten (10) working days after a. letter of application has been fully completed, u d I~etermined
by the Development Services Director, and submitted to the Development Services Direc~tor, the
Development Services Director shal~:
3.4.7.2.1 Approve the letter of application and issue a Permit with such conditions, if anY, which may be
3.4.7.2.2 Notify the Permit applicant, in writing, of the reason(s) for the delay or denial of the Permit.
1. It' a delay is necessary, tho reason(s) for the delay and any additional required application
infonmtion n~ to meet the purpose and requirements of this division shall be.
explained to the applicant, in w~iting, and shall be forwarded by certified mail, return
2. If additional required information consistent with the intent and purpose of this division
is requested and is not supplied by the applicant ~vithin thirty (30) days after being
notified, the notification of delay shall constitute a Notice of Denial.
3.4,7.2.3 When a Permit application has been denied by. the Development Services Director or when
Permit has been issued subject to conditions, the applicant may appeal such decision by filing'a
written Notice of Appeal with the Board, with a copy to the Development Services Director,
within ten (10) working days after notification of such denial or conditions. Within forty-five (45)
days a public hearing shall be scheduled before the Board at which time the Board shall review
those facts presented by the applicant and the Development Services Director and shall thereafter
determine whether the application is sufficient and in compliance wi'th the provisions of this '
division. Thereafter, the Board shall either render a decision upholding the decision of the
Development Services Director or shall direct the Development Services Director to issue the
Permit with such stipulations, if any, as may be deemed necessary by the Board.
Cotll,~' Co~m~ $-75
~ D~,~lopment Cod~
SEC. 3.4.8 ISSUANCE OF PERMIT: PROHIBITIONS.
3.4.8.1 E~ch Permit issued by tho County shall set forth, at a minimum, tho full name, dato of birth,
addr~s and t~lephotm number of th~ User and any conditions or restrictions placed upon the
Permit by tbo County.
3.4.8.2 A Permit shall bo valid solely for tho use by tho permitten and shall not bo transferred or zssigned
3.4.8.3 No Permit shall bo issued or bo allowed to r~naln in effect for any natural person:
3.4.8.3.1 Who is under eightom (16) years of age; or
3.4.8.3.2 Who has been convicted of a felony and has not been pardoned or had his civil fights re~ored;
or
3.4.8.3.3 Who has been adjudicated mentally incompetent and has not had his civil rights ~stored.
SEC. 3.4.9 LIMITATIONS AND CONDITIONS.
3.4.9.1 The Development Services Director shall, in deter~_ni,,g and imposing reasonablo limitations and
conditions, consider tho prevention of personal injury, loss of lifo and damage to property, as well
u the get~ considerations of public health, safety and welfare.
3.4.9.2 The Development Services Director may impo~ limitations and conditions for each permit issued
including, but not limited to, the following:
· 3.4.9.2.1 A Cash or Surety Bond or Letter of Credit in such amount as may bo deemed necemary by the
Development Services Director or tho Board for the financial protection of adjacent or nearby
public property or facilities. The Bond or Letter of Credit shall be drawn in favor of Collier
County and the t~rms of the instrument shall bo such that it p.rovidea for forfeitur~ of the Bond
or Credit upon written demand by tha Development Services Director specifying the public
property or facilities damaged and th~ a~nount of damage. In the event that tho applicant has
'. provided a Cash or Sundry Bond or Letter of Credit to the State of Florida in fulfillment of State
license bond requirements and the Development Services Director dcterminea that such.security
is in effect in such amount and typo so as to provick the financial protection r~cluired by this.
Section, the Development Services. Director shall permit the applicant to provide such current
security with an endorsement or rider in favor of Collier County.
3.4.9.2.2 A condition limiting tho amount and typo of explosive .which may bo used at any one time,
whether fired or detonated instantaneously as a single charge or by a delay series charge, as may
be deemed by him reasonable under tho 'conditions existing in the' locale for which the Permit is
issued.
· 3.4.9.2.3 A condition requiring tho User to conduct n series of test shots to determine that vibrations are
within required limitations.
Co///~r Coumy J-76 Octo/~,r JO. 199J
3.4.9.2.4 From time m time to change, amend, modify or impose mere restrictive conditions and limitations
if circumstances and conditions at and surrounding the site area concerned so warrant or prove
to be neceasary in order to carry out the purpose for which the conditions and limitations were
3.4.9.3 lt' such conditions and limitations are found by the Development Services Director to be too
restrictive, he may modify them accordingly within the bounds of the purposes for which they
were imposed; provided, however, the imposed' limitations and conditions u to the amount of
explosives permitted in any Permit shall not be increased by the Development Services Director
until and unless the permitten shall- first demonstrate to the satisfaction of the Development
Services Director by due and proper proof that the desired increase would not in any event result
in a "r~ultant peak particle velocity" in excess of that prescribed in Sec. 3.4.13.5. !.
3.4.9.4 To verity the use of an amount of explosive which will result in vibrations up to but not exceeding
the required limits of this division, the Development Services Director shall require that the Use~
provide a minimum of one (!) continuous monitoring seismic instrument for use during the daily
blasting segments to ascertain tkat described limits are not exceeded at the nearest building or
structure. The User shall be responsible for all costs incurred in providing such monitoring.
3.4.9.4.1 The seismic instrument shall be placed at a location either on the blasting site or the instrument
may be relocated to an off site location.
3.4.9.4.2 The Development Services Director shall be advised of the instrument's location.
· 3.4.9.4.3 The resulta from the seismic instrument shall be provided to and analyzed by a seismologist who
shall sign the results of his analysis.
3.4.9.4.4 All original recor~ts of the seismic analysis will be the property of the User but a copy of the
seismic results and/or analysis shall be furnished to the Devel6pment Services Director with full
~md complete and supporting data at mon~ly intervals or upon demand.
":5.4.9.4.5 Each instrument shall be frequently checked to insure proper operation and shall be calibr'4ted
annually. Notification of the calibration date shall be supplied to the Development Services
Director.
3.4.9.4.6 The Development Services Director is authorized to waive the requirement for a continuous
monitoring seismic instrument if the Development Services Director determines that the instrument
is urmecessary u a result of existing monitoring data or in the event that there are no probable
ad¥crse impacts due to the remote and isolated location of the bla.'qing.
SEC. :5.4.10 INSURANCE.
:5.4,10.1 The Development Services Director, as a condition to the issuance of a Permit, shall require
evidence of insurance coverage to protect the applicant, Collier County and the public as follows:
:5.4.10.1.1 Workers' Compensation as required by Florida Law.
Collier County 3.77 October .tO. 19~1
Land Development Code
3.4.'10.1.2 Comprehensive General Liability (including, but not limited to Explosive Hazard, Collapse
Hazard, Underground Property Damage, Contractual Liability) - bodily injury, personal injury:
$500,000.00 each occurrence and aggregate; property damage: $S00,000.00 each occu,=,ce and
aggregate.
3.4.10.1.3 Additional coverage as may be required depending on special circumstancea.
3.4.10.2 A Certificate of Insurance shall be p~ovided to the Development Servicea Director to confirm that
the above insurance coverage will be in effect during the entire period of blasting. The insurance
coverage shall not be canceled or cl'~nged without n minimum of thirty (30) days prior written
notice to the Development Services Director.
SEC. 3.4.11 FE~.
3.4.11.I The following non-refundable, non-transferable permit application fees shall be applicable to all
permit applications submitted af~.. the effective date of this division:
3.4.11.1.1 A fee set by resolution per site will be charged for iasuance of a 30-day Permit.
3.4.1 I, 1.2 A fee set by r~olution, per site will be charged' for issuance of a 90-day permit.
3.4.11,1.3 A fee set by resolution per site will be charged for issuance of a yearly permit.
3.4.11.1.4 A fee set by resolution will be charged for each handler who assists the User or blaster in the use
of explosives. It shall be the User and blaster's responsibility to ensure the handler's permits are
kept current with the Development Services Director.
3.4.11.1.5 If it is necessary to renew a permit, a renewal fee, set by resolution, per permit will be charged.
The rmewal shall be for only 30 days and shall only be renewed twice for the same permit.
'. 3.4.11.1.6 Permit fees may be waived in those cases where blasting is to be performed for a governmental
agency.
3.4.11.2 An Aher-thc-Fact Permit may be granted, at the sole discretion of the Dcvelopment Services
Director, where it is verified that the applicant has submitted all application information required
by this division and said applicant would have been granted st Permit pursuant to an original ·
applicsttion. The following fees and conditions shall be applicable to an After-the-Fact Permit:
3.4.11.2.1 A fee set by r~solution for the issuance ~f the Permit; and
· 3.4.11.2.2 A fine set by resolution per detonated shot; and
3.4.11.2.3 Correction of ali applicable damages caused by the blasting; and
3.4. I 1.2.4 A six (6) month moratorium for the User and blaster on future Permit application requests within
C~lller County $-78 October JO, 1991
~ Development Code
The issuance of an After-the-Fact Permit or the paymeni of an After-the-Fact'Permit fez shall not
prevent or prohibit the County from imposing or pursuing such other administrative, civil or
criminal l~nalties as may be deemed appropriate.
SEC. 3.4.12 INFORMATION AND - REOUiREMENTS DUlliNG AND SUBSEOUENT TO
GEOPHYSICAL SEISMIC BLASTING.
3.4.12.1. For geophysical seismic bl~ing and under such other circumstances as may be specified by the
Development Services Director, the following requirements shall be applicable during blasting
operations:
3.4.12.1.1 The User shall provide a IocJtion' map of all intended shot points along all survey lines to the
Development Services Director prior to drilling and lmuting any shot holes. The location~map shall
be appropriately keyed with symbols and shall be on a aerial photographic ba.~ at a scale of one
inch (1') e~tuals 400 feet.
3.4.12.1.2 The User shall provide, at his expense, an independent third party observer(s) who shall be
thoroughly flmiliat with applicable County ordinances, th~ rules of the State Fire Marshal an~t '"
current Stata of Florida Depa~ment of Natural Resources geophysical rules and slddl, when
practical, meet all Florida State Police Board Standards. The third party observer(s) shall witness
the drilling. Io~ding, shooting and plugging of all holes detonated by the User and shall maintain
a shooting log book as required by the Department of Natural Resources. In addition, no remedial
operations to neutralize an undetonated shot hole shall take place without the observer(s) also
witnessing the activity. The name, address and telephone number of the independent third party
observer(s) shall be provided to the Development Services Director prior to the commencement
of blL~ing operations. Wher~ any requirement of this Subsection is mandated by State Statute or
Administrative Rule as part of Sma licensing requirements, the applicant may comply with the
requirements of this Subsection by providing copies of materials or data supplied to the State of
Florida in fulfillment of the State's requirement.
3.4.12.1.3 Appropriate signs shall be placed at intervals along the shot line to advise all persons of an
explosive hazard.
3.4.12.1.4 Complete copies of files on the number of blasting caps used. and pounds of explbsives used on
each shot line shalt be provided to tho Development Services Director.
3.4.12.1.5 Where nece~ary due to terrain or unusual geographic conditions, transportation to and from the
blast site shall be provided by tho User for any County official acting in their respective official
capacities in performance of their duties that is required to visit the site for any purpose.
3.4.12.2 The following requirements shall be applicable subsequent to blasting operations:
3.4.12.2.1 Within fifteen (15). days after completion of each shot line; a survey .base line and exact shot
points must be established for future relocation of each shot hole. Tho survey must have a
minimum closure of 1:5,000. Such survey shall be made in relation to the nearest section line or
other appropriate line of demarcation so as to insure proper relocation of shot holes in the future.
Legible copies of all field books and computations shall be submitted to and retained by the
Collier County 3-79 October $0, 1991
~ Development Code
Dcvelopmeot Services Director. In the went that survey dam reveals that hlu~ing ha.q occurred
at other than the permitted location, the Development Services Director is authorized to require
an Alter-the-Fact Permit application for the area where tho blasting has taken place and to require
an)' and all actions by the User to comply with the intent and.purpose of this division. The
Development Services Director is fuflher authorized, h.owever, to waiv~ the permit fee for an
After-the-Fact Permit application wbere it is determined that the User has relied in good faith on
inaccurate survey d~ta or if tho Development Services Director determines th~ specific site
conditions render the fee inapplicable or unnecessary.
3.4.1:~.2.2 The User shall c.~'ti~ in writing that tho State of Florida's Bu~u of Geology's field office
representative is satisfied that all owners on whose property blasting operations have occurred,.
have been properly restored including, but not limited to, removal of pin flags, wire and trash
from the site, and that all detonated holes and rots have been backfilled to surrounding grades.
SEC. 3,4.1:3 RF,~FRICTIONS FOR THE USE AND HANDLING OF EXFLOSIVES.
3.4.13.1 Detonation of explosives shall normally be limited to the hours between S:00 a.m. and $:~X) p.m.
The Development Services Director may reduce or waive this time frsmo duo to existing site
conditions/locations or may extend this time frame to all daylight hours for sites renpte from
residential development,
3.4.13.2 Detonation of explosives shall not occur on Sundays or legal holidays. An e~ception may be
granted for geophysical seismic operations or when justificatiou is submitted in writing by the User
and is sub~quently reviewed and approved by the Development Servico Director.
· 3.4.13.3 Should structures which aro expected to receive a r~ultant peak Particle velocity in excess of
acceptable standards as indicated belOW require evacuation or in other circumstances in which
evacuation for an extended period of time (more than two (2) hours) is required, the User shall
noti~ the Collier County Sherifffa Office by telephone a minimum of twelve (12) hours prior to
commencement of the evacuation.
3,.4.13.4 Twenty-four (24) hours prior to detonation of explosives or applicable segments thereof, the User
or blaster st~ll orally notify tho Development Services Director and specify the location and
proposed time of such blasting. This time limit may be waived by tho Develop. ment Services
Director under special circumstances such as underwater doby detonations.
3.4.13.5 Resultant Peak Particle Veloeltv.
3.4.13.5.1 Except as noted belOW, it shall bo unlawful for any person to blast, fire, detonate or use any
amount of explosives which would result in a 'resultant peak particle velocity' exceeding the
requirements shown belOW on tho following properties:
419
C~iB~r C~..'y J-dO (h'mbYr JO. 19~!
', Measured at: ~aximum
,-' Nesr~ r~idmc~ or 0.75
· ;. ~pi~ d~
U~
~. · N~ ~ bld~, O.T5
~ ~11 ~ ~~ 0.75
o~(a~b)~$ !.5'
~dge, ~, ~,
3.4.13.5.1 ~ Upon'written request, the De~l~t $ervices Director may authorizn the "resultant
peak particle velocity' ex__oe~__ing tbe afomnentioned limits when vibration levels sp~ified in the
Alternative Blasting Criteria of the United States Bureau of Mines Report and Inveetigation~ No.
8507, Structure Response and Damage Prod,x:~__ by Ground Vibration from Surface Mine Blasting
3.4.13.5.3 Explosives slzall not bo abandoned or left in an unsecured lOCation.
3~4.13.5.4 In tho event that a charged/loaded hole does not detonate the U~er or blaster'shall take whatever
action is necessary under the conditions prevailing at the site to neutralize the misfire the same
date as placed sad prior to the continuance of Ioeding/drillingmore holes, Should t~e depth of the :
explosive be such'~s to prohibit recovery or neutralization the same date as placed sad the
explosive is irretrievable or neutralization ia impracticable, the User shall ensure that the.
charged/loaded holz's location shall bo documented sad noted utilizing existing landmarks to
facilitate return to the location as necessary, sad with the actual pinpoint location by survey
provided to the Development Services Director.
3.4.13.5.5 Prior to the detonation of any explosives W~thin commercial excavations sad during the course of
the day's blasting activities, a warning signal such as a hem or siren, audible at adjacent .
properties, shall bo sounded a m_inimBm of one (i) minute' prior to detonation sad an all<lear
signal shall also be sounded upon completion of the blast(s). This warning signal shall be of
sufficient duration (a minimum of thirty (30) seconds) to allow complete alert of all individuals
adjacent to the blast area.
3.4.13.5.6 Blasting caps shall not be loaded through the Drill Steel, also known as the "Kelly Bar'.
C.o~tr Cou~ .~ff) October JO, 1991
~ Doelopmem Code
'-
3.4.13.5.7 A record of blast data shall tm recorded on daily blasting 1o~. The logs shall be maintained by
the User or blaster on an approved form wilh copie~ of the completed logs submitted to the
Development Se~ices Director monthly unless otherwis~ requested.
3.4.13.5.8 Over·pray from all detonations shall be contained at the blast sit~.
3.4.13.5.9 All explosives pl~_~_ in th~ ground must be detonaled the same date as placed and must not be
left in the ground overnight. If conditions so warrant and with justification the. Development
Services Director may iuthoriz~ 'sleepers" provided, however,
1. The Development Services Director receives verbal and followed by writte~ approval
from the Bureau of Explosives and Fire Equipment Office of the State Fire Marshal,'
Tall·ha·see, Florida; and.
2. Th~ Collier County Sheriff's Offic~ reosives verbal informntion confirming the
location/condition of such 'sleepers'; and ..
3. TI~ User utilizes night secugty along with taking other appropriat~ prot~:tive safe,yards.
a. Exception for Geophysical Seismic Users - For geophysical seismic ol~rstion~,
overnight security, shall not be required when the explosives are loided at ·
depth that avoids deformation of the ground surface upon detonntion; provided,
however, that the explosives am locked in the hole at the intended ~epth of
burial with a berehole anchor and/or a sealing m~terial to prevent removal.
SEC. 3.4.14. I;ALE OR DIsPOsAL: INVENTORY: THEFT OR ILLEGAL
3.4.14.1 Sale or disnosal to ~erson without Permit. it shall be unlawful:
1. For any person to sell or otherwis~ dispoes of any explosive to any other person who
does not have a valid Permit.
2. To dispos~ .of any explosive not owned by the User, without providing · minimum of
twenty-four (24) hours prior notice to the Collier County Sheriff's Office and the
Development Services Director.
· 3.4.14.2 Inventory. Every {Jsor having any explosive in his _ix~_-~____ion, dominion or control shall have on
file a schedule or inventory form accurately setting forth the qmmtity and description of such
explosives.
3.4.14.3 Reoorts of theft, ill·hal use or loss.
3.4.14.3.1 In the event any explosive is stolen, misPl,__-'_-~t_ or lost or there are unexplained shortages, Such
occurrences shall be reported immediately after discovery to the Collier County Sheriff's Office
and the Development Services Director. Within twelve (12) hours after' discovery, in accordance
with Florida Statutes 522.113, notification shall be ~iven to the Bureau of Explosives and Fire
Equipment Office of the State Fire Marshal Tall·has·e·, Florida and within twenty-four (24) hours
after discovery notification shall also be given to the Federal Buresu of Alcohol, Tobacco and
Firearms* nearest office.
3.4.14.3.2 The area in whicl~ the incident occurred shall be secured until an investigation has been made and
the scene released by the investigating agency.
SEC. 3.4.15. REVOCATION AND/OR SUSPENSION OF PERMIT.
3.4.1~.1 Permits may be revoked and/or suspended by the Development Services Director for the following
3.4.15.1.1 Noncompliance by the User, his agents or employees with any directive of the Development
Services Director relating to the, Permits the permitting process, Permit limitations, stipulations
or conditions, or any related matter.
3.4.15.1.2 The Development Services Director determines that the blasting has caused actual personal or real
property damage to a party other than the User or Blaster and determines that a suspension or
revocation of the permit is necessary to investigat~ and/or r~medy the blasting activities resulting
in the damage.
3.4.15.1.3 In the event that false information was given or a misrepresentation was made to obtain the
Permit.
3.4.15.1.4 In the event the permittee is a fugitive from justice.
3.4.15.1.5 In the event the permittee has been judicially determined to be mentally incompetent.
· 3.4.15.1.6 Violation by the pennittee of any provision of any explosives law or regulation or provision in this
division.
3.4. ! 5.2 When a Permit is revoked and/or ~ded by the Developmeht Services Director, the Permittee
shall bo notified of the revncation and/or suspension and the r~tsons therefore, in writing by
certified mail, return receipt requested, or such'notification may be hand-ddivered to the User or
blaster at the blasting site. Such revncation and/or suspension shall be effective immediately upon
receipt, if by mail, or immediately upon hand delivery. In the event, however, the Development
Services Director deems it necessary to protect the health, safety or welfare of the public or to
prevent probable damage to privat~ or public property the Development Services Director may
orally direct the suspension and/or revncation of a Permit. Such revocation and/or suspension shall
be effective immediately and written notice shall be provided to the Permittee by certified mail
within five (5) Working days thereafter.
3.4.15.3 Upon such revocation md/or suspension of Permit, the Development Services Director shall
provide, notice to the Collier County Sheriff's Office and such other agencies as he may deem
appropriat,.
3.4.15.4 When a Permit has been revoked and/or suspended by the Development Services Director, the
Permittee may appeal such decision by filing a written Notice of Appeal with the Board, with a
Collier Count/ J.-SJ October .lO. 1991
l. xmd Development Ctx4e (]4'0~,r t~Z
copy to the Development Servic~ Director. within ten (i0) working days after notification of such
revocation and/or mq~ension. Within forty-tiro (45) days after tho filing of tho Notice of Appeal.
A public hearing shall bo scheduled befora tho Board. At such hearing .tho Board shall review
those facts preaented by the Pcrmittee and tho Develop ,m~-nt Services Director and tho Board shall
thereafter dctermine whether tbo revocation and/or suspension wu in accordance with the
provisions of this division. Tbo l~ard shall render a decision upholding the decision of the
Dcveloprnent Services Director or shall direct tho Development Service· Director to lift and
remove the revocation and/or suspension of tho Permit.
3.4.15.5 In the ~,'ent that a Permit is revoked and/or su.R~ended by the Development Services Director and,.
if app~ed, such revocation and/or suspension is upheld by tho l~ard, it shall be n_-c_--.sa~ that
· new application bo submi~ to and approved by tho Development Services Dir~**tor. Such
approval shall be in accordance with the provisions of this division unless tho Development
Scrvicea Director determines, in writing, that such new application is unnecessary and doe· not
further the intent and purposes of this division. Such dctermination by the Development S. ervices
Director shall become part of the permanent permit file.
SEC. 3.4.16 AUTIIORITY VESTED IN THE DEVELOPMENT SERVICES D[RECTOR.
3.4.16.1 T'ne Devrlupment Services Director is vested with tho authority to administer and e~forca tho
provisions of this division and is anR~'ized and directed to take any action authorize~J by or
contemplated by this division to insure compliance with or prevent violation of tho provisions of
this division.
· SEC. 3.4.1'7 ~N~TIF.,S. Any firm, parmership, corporation, individual or other entity who violates the
provisions of Otis division, or fails to comply with any requirement of this division, shall be guilty
of a misdemeanor and, upon conviction thereof, shall bo fined or imprisoned, or both, u provided
by law, and in addition shall pay all costs and expends incurred in the prosecution of such
violation. Each violation and each day that a violation continues shall constitute a separate offense.
In addition, and as an elternstivo means of enforcement, Collier' County may enforce tho
provisions or requirements of this division by means of any available civil remedy in a court of
competent jurisdiction.
SEC. 3.4.18 FREVIOUSLY ISS~ PERMITS, The provisions of tho division shall govern ·11 Permits
issued after the off*ebtive date of this division.
Collier G~my J. d4 Octo~r $0. 1991
l. ond Development Code
DIV. 3.5 EXCAVATION.
SEC. 3.5.1 TITLE AND CITATION. This division shall be known and may be cited as the 'Collier County
Excavation Regulations.*
SEC. 3.5.2 PURPOSE.
The purpose of this division is to establish a reasonable regulatory framework to regulate.
excavations within the County so as to minimize any potentially adverse impacts of the excavation
activity on public health, safety and welfare of the citizens of this County and its natural
SEC. 3.5.3 APPLICABILITY: PERMIT REOUIRED.
It shall be unlawful for any person, _n__~soc_ iation, corporation or other entity to create, attempt to
create, o~ alter an excavation without having obtained a permit therefore, except as ,provided
herein.
SEc. 3.5.4 ~.
The following activities, to the extent specified herein, are exempt from the requirements of this
division, provided that no excavated material is removed off-site, but am subject tO compliance
with all other applicable laws and County ordinances:
3.5.4.1 Earth moving in conjunction with any routine maintenance activity which restores the excavation
to the ritual, and previously excavated, slope and depth configuration approved by the Board, or
with the installation of an underground utility which is to be hackfilled.
3.5.4.2 Foundations of any building or structure, providing the excavation will be confined to the area of
the structure only.
3.5.4.3 Excavations relating to the accessory um of property which by nature are of limite~l duration and
designed to be fill~'! upon completion, i.e., graves, septic tanks, swimming pools, fuel storage
tanks, etc.
3.5.4.4 The regrading only of any property for aesthetic purposes that does not create a body of water or
affect existing drainage patterns or remove native vegetation in excess of County standards.
3.5.4.5 Agricultural drainage and irrigation wo~ incidental to agricultural operations.
3.5.4.6 The grading, filling, and moving of earth in conjunction with road construction within the limits ·
of the right-of-way or construction easement when the construction plans have been approved by
the Collier County or State Department of Transportation.
3.5.4.7 Farm animal watering ponds or excavations located on single-family lots/tracts where the net
property size is 5 acres or less are exempt from the permitting procedures contained in this
Collier County $-~ ¢?ctober $0. 1991
Land Development Code ~4~ ~ 424
Division, but mu~t comply with all ~e construction standards of this Division. Such exemptions
apply only if:
3.5.4.7.1 Excavation do~ not exc_-~__ I acre in area and 12 feet in depth;
3.5.4.7.2 No excavated material is removed from the property. ~
SEC. 3.5.5 EXCAVATION REVIEW PROCEDURES.
3.S.5.1 ' Tyoes of Excavation Perm|ts. Th~ permits required by thia division shall be issued by the
Development Servicea Director in accordan~ with the procedures set forth herein and s~ll come
under one of the following categories:
3.5.S.1.1 Private excavations. Private excavations are considered to be an excavation where the,.excavated
material ia not removed from the property and where tho disturbed surface area at grade does not
ex¢_-~__ 2 acr~. W'ne~ mom flum on~ excavation is proposal for the same pier~ of pro~rty or
propertiea under common ownership and th~ combined disturbed surface area exceeds 2 ac.res, the
permits shall not be isled u a private excavation.
3.5.5.1.2 Commelxia] exovatlons. Commercial excavations am considered to be any excavatio~ wherein'
tho excavated n~terial is removed from the subject property. '
3.5.S. 1.3 ~,Telo_oment excavations. Development excavation~ are consider~l to be any e:~cavation'tocated
within the boundaries of a Planned Unit Development, Subdivision Development, or where the
disturbed area of an excavation exceeds two (2) acres, but no fill ia removed from the subject
property for what~,ver pu~os~ provided that:
1. The excavations we~ clearly defined and detailed sz to location, size, shape, depth and
side slopes during th~ development's review process and, if applicable, approved by the
Board after appropriate public hearings.
2. If~pproved by the Bo~d during the rezone and/or Preliminary Subdivision Plat process,
excavated material in an amount up to 10~ (to a maximum of 20,000 cubic yards) of the
tots] vo]um~ excavated may be r~qoved from the development. Intentions to remove
material must be clearly stated during the development°s review and approval proceas.
The design depth of th~ excavation shall be adjusted accordingly to minimize off-site
removal et'surplus nu~terial.
· 3.5.S.2 Issuance of Permits.
3.5.5.2.1 Issuance of Prlvnte nnd Develooment Excavntion Perm|t~, The Development Services Director
may administratively approve and isatm Private and Development Excavation Permits where all
of the applicable stsndarda of this division have been met. When, in his opinion, the stsnd~rds
have not been met, the application shall be submitted to the. Environmental Advisory Board for
recommendation with ultimate approval or denial required of the Board.
~ Development Code
3.S.S.2.2 Issuance of Commercial Exenvntion Permits. Applications for Commercial. Excavation Permits
shall be revi,z~ved by tho Development Servicce Director and by tho Environmental Advisory
Board for recommendation and approved by tho Board.
3.5.5.3 ~L~I.Rf..~. ~ Developmeht Services Development Services Director shall give prior
written notice oftbe Environmental Advisory Board meeting, by first class mail, as noted in Sec.
3.5.6.1.3.4, to all adj .acer property owners as determined by reference to the lat~t official tax
rolls.
3.5.5.4 Excavation Permit Criteria. Approval by tho Development Services Director and the l~oard shall
be granted only upon competent and mbstsntial evidence submitted by the Applicant, that:
3.5.5.4.1 The excavation will not interfere with the natural function of any sanitary, storm or drainage
system, or natural flowage way, whether public or private, so aa to create flooding or public
health hazards or jeopardize the functions of the natural resources and environment of 'Collier
3.5.5.4.:l D~t or noise gener-__!~ by tho excavation will not cause a violation of any applicable pfovision~,
of Article' 2 of this Code. Rock croshing operations or material stockpiles that will be a~jacent to
any existing residential area may require separate County approval.
3.5.5.4.3 The excavation will not adversely affect groundwater levels, water quality, hydroperiod or surface
water flowways. The Development Services Director may require the Applicant to monitor the
quality of the water in the excavation and adjacent ground and mrfaco waters. Under no
circumsts~c~ shah the excavation be conducted in such a manner as to violate Collier County or
applicable State of Florida water quality mndarda.
3.5.5.4.4 The excavation will be constructed so as not to cause an apparent safety hazard to per,,ons or
property.
3.5.5.4.5 The excavation does not conflict with the Growth Management Plan or land development
regulations adopted pursua~.t thereto, nor does it conflict with existing Zoning Regulations. The
Applicant shall provide written statements to this effect from the Growth Planning Director and
Plazming Services Manager prior to the issuance of the pe .rmit. Special criteria' and approval
procedures may be.necessary for projects within the Big Cypress Area of Critical State Concern.
3.5.5.4.6 In cases where a wetland is no longer capable of performing environmental functions or providing
environmental functions or providing environmental values or in cases where it is determined that
no r~tsonable alternative exists other than disrupting a wetland, certain alterations may be allowed,
except as otherwise authorized through previous county review proem.
3.5.5.4.7 Flow of water within and through preserved wetlands shall not be impeded.
3~5.5.4.8 Appropriate sediment control devices (hay hales, silt screens, etc.) shali be employed to prevent
sedimentation within the wetland pursuant to the design requirements of Div. 3.7. Any building
site adjacent to a wetland and elevated by filling, must employ the same erosion control devices.
~ Deedopmem Code
Fill must be stabilized using md, or mod and mulch if mt acceptable growth provides for
stabilization.
3.5.5.5 Other Permits R _~red. All appropriate stete and federal permits or approvals for work in
jurisdictional areas shall be provided tho Dzvelopment Services Director prior to issumtco of mt
excavation permit.
3.5.5.6 Fees and Guarantees. Upon Development Services Dir6:tor or Board approval, tho Applicant
will, within 60 days of written notification from tho Development Services Director, pay the
required permit fee, mtd post, if required, the appropriate performance guarantee, tn addition, tho
Applicant shall provide written proof of payment of road impact fees in accordanco with Sec.
3.5.9.3, if r~luired.
Failur~ to pay tho fees and post tho g~arantee, within this tirr~ period shall constitute abandonment
of tho excavation permit application and will require complete respplication and review in
accord·nee with all requirmnents in effect at tbo timo of reapplication, with tho following
exceptiotu:
3.5.5.6.1 Upon receipt of tn Applicant's wri. 'tten request with sufficient justification, as determined by tho
Development Services Director, and payment of ·timz extension fee, th~ Development Services
Director may, OhO timz only, authorizn tho extension of the permit issmmcz timo for up to mt
additional 60 days.
3.5.5.6.2 All previously approved excavation permits that havo yet to be issued by tho Development
Services Director becomz eligible for tho above fimo extensions upon the effective date of this
division.
· 3.5.5.'/ [)~ration of Excavation Permits.
3.5.5.'/.1 Private Excavation permits shall be valid for a period of 12 months from tho dam of issumtce. If
the work is not completed in that timo, · second application,.with a reapplication fee must be
submitted to tho Development SerVices ,Director, requesting up to mt additional 12 months to
complete the excavation. If tho Development Services Director finds sufficient good cause to grant
the request, · permit extension will bo issued.
3.5.5.7.2 Com~rcial and Development Excavation permits will bo of indefinite duration or until the .
excavation reaches tho limits of ~ permitted sizz, provided tho excivating operation remains
·ctivo in accordmtco with the requirements of this division.
SEC. 3.5.6 APPLICATION REOUIREMENTS FOR EXCAVATION PERMITS.
3.5.6. I Unless otherwisz directed, ono copy of ~!1 required application documents shall be submitted to
the Development Services Director on · form to be supplied by Collier County. The application
shall include, but not be limited to, tho following information:
3.5.6.1.1 The name, address and telephone number of tho Applicant or his ·gent, and, if known, the
excavator.
049 :4 7
Collier Cour~ $-~ October $0, 1991
/.4nd Development Cod~t
3.5.6.1.2 Proof of ownership, legal description and location of the property involved. A small location map,
drawn tm $1/2' x 11' paper, shall accompany the ·pplication, clearly showing the location of the
proposed excavation(s) in rclation to commonly recognized landmarks.
3.5.6.1.3 A signed statement by the Applicant or his agent which includes:
I. A statement that ho has re~d this division and' agrees to conduct tho excavation in
accordanc~ with this division, this Code and other County and State codes and laws.
2. A statement of porpos~ of excavation and intended us~ of tho excavated material.
3. Exhibits' ~ and seslM by the project's surveyor/engineer showing:
a. Tho boundaries of the property.
b. Existing grades on tho property.
c. Tho level of the mesis annual high and Iow water table.
d. Th· grades whi~ will exist following the completion of the excavation.
e. Tho voluma of the excavation as measured from the tatural grade.
f. Easements, existing utilities, roads and setbacks, and zoning.
g. Drainag~ and flow ways.
h. Aerial limits of any special sits vegetation SUCh as mangrove, cypress or other
i. Logs of soil auger borings with field classification shall ho provided, unless
existing recent data is ~vailable and provided to the Development Services
Director, for use in determining minimum and maximum depths and appropriate
.. side slope configurations and evidenco of any conirming layers, this latter to
determine if on-site or adjacent wetlands are 'perched'. The depth of'the/oil
auger borings shall extend to · point at least I foot below the proposed bottom ·
elevation of the excavation, and shall be of at l~st the following density
according to size of each excavation: 0-.9 acre/two locations; l-4.9'acres/three
locations; 5-9.9 acres/four locations; I0 acres or more/four locations for 1st 10 ·
acres plus one for each additional ten ac~s or fractional part thereof.
4. If the project is to tm submitted t~ the Environmental Advisory Board, · list of the names
and addresses, obtained from the latest official tax mils, of all owners or owner
· associations of property within 1/4 mile of the excavation or on-site vehicle access mute
or within 300 feet of the property lines of the property on which the excavation is to be
performed, whichever ia less. The Applicant shall also furnish the Development Services
Director with said owners' names and addresses on pre-addressed 4' x 9 1/2" envelopes
Collier County J-S9 . October 30. 1991
I. and De~etopment Code
with first ¢lmm, plus aa additional ounce, post~g~ r~dy for ~iling'.
5uff~ W~ M~g~t P~t ~d/~ Wa~ U~ P~t (~tedng) ~ ~ui~
~ i~ by ~ ~ ~ Wa~ M~age~t Dist~ct shall ~ pmvid~ ~ ~e
ci~~, ~ ~~t is ~v~ by T~mti~ ~i~ Di~mr, a traffic.
a. Id~ti~g ~e ~j~t's ~ of influ~, t~t is, t~ dis~ f~m ~e si~ ~t
of ~fl~.
ex~vati~ ~j~ ~ ~id~ti~ of ~ ti~ ~ of ~e traffic g~tion
p~or ~ ~ ~ of ~e ~j~ ~ ~ch am n~ during ~e pmj~t ~ ~
~ ~m ~t p~m ~ failure ~d/or ~ ~ ~g~ ~I1 not ~r.
· ~ A~li~t ~ ~tigam ~v~ ~ i~ ~ong ~ ~ti~ of
~dty, if ~li~l~, ~ ~ ~id~ ~ ~e A~li~t ~ ~m ~l~ion of
· e.id~tifi~ ~ ~. ~y ~d ~1 ~ud~ ~d/~ ~do~
~ui~ in ex~ of $1~,~ ~ ~t forth ~ th~ ~ imp~t ~91ysis shall ~
Should ~ not ~ ~n~ by T~mtion Se~ic~ Di~tor ~d the
Applier of ~ i~e~, ~int~, ~rfo~ ~t~ ~d/or
o~er ~ui~ ~ th~ ~ of~ pa~i~ b~ on ~e m~ imp~t ~lysis,
~i~ ~d ~~ti~ by ~ Envimn~l Advi~ Board follow~ by
~i~ ~d ~ti~ by ~ ~.
3.5.6.~ Should bl~ting ~ n~ in ~j~ti~ ~ the ex.ration, all bl~ting s~ll ~ done under
~ a~mv~ ~llier ~unty U~I~ Pe~t ~ no ove~u~ ~v~ prior to bl~ting
from ~e ~ pl~ for ex~vati~ ~1~ o~ appmv~ by ~e ~velop~nt Se~i~
Dir~tor. S~d ~ s~ll ~ ob~ from the ~llier Co~ty D~elop~nt Se~ic~
Depa~t. Sh~Id appmv~ f~ bl~ing ~t ~ ~t~ ~ ~e Appli~t, ~e Appli~t shall
~lller C~ J-~ ~r JO, 1~!
~ De~pment ~
remain re~onsible to meet any and all requirements of~n approved Excavati°n Permit unless the
subject Excavation Permit is modified in accordance with this division.
3.S.6.3 If trees are to be removed as a resul.t of the excavating operation, a Tre~ Removal Permit shall
be obtained from the Development Services Director be]~'ore work shall commence.
3.$.6.4 If the application is made by any person or firm other than the owner of the property involved.
a written and notarized approval from the property owner shall be .,mbmitted prior to processing
of the application. ·
SEC. 3.5.? CONSTRUCTION REOUIREMENTS FOR THE CONSTRUCTION OF EXCAVATIONS.
3.5.7.1 Setback. Excavations shall be located so that the top-of-bank of the excavation shalf'adhere to
the following minimum setback requirements:
3.5.7.1. I One hundred (100') feet from the right-of-way line or ea.~emcnt linc of any existing or prbposed,
private or public, street, road, highway et acce~ e~ement. Exceptions to the above-referenced
setback,~ may be developed and shall be ~ub. ject to trmal approval by tho Development Services.
Director. Said exceptions ~hall be ba~xl upon recognized standards for traffic engineq~ring and
road design (AASHTO) and shall incorporate such factors as road alignment, travel speed,, bank
slope, road cros~-section, and need' for barriers. However, lakes immediately'adjacent to 'T-
intersections' shall be located based on a specific design analysis by the applicant's engineer which
provides for safety and traffic considerations at the intersection.
3.5.7.1.2 Fifty feet (50') from side, rear or abutting property lines, except where the excavation is located
in agriculturally or industrially zoned districts abutting a residentially zoned district, the setback
shall be 100 feet from the residentially zoned property.
3.5.7.1.3 From jurisdictional wetlands using standards set by SFWMD.
3.5.7.2 Side Slooes. The finished side slopes of the excavated area, expressed as the ratio of the
horizontal distance in feet to I foot of vertical drop, shall be as follows:
A 4.0:1 slope shall be graded from the top-of-bank to a "break-point' at least 3 i'ect below the
mean annual Iow water level. Below this 'breakpoint', slopes shall be no steeper than 2.0: I.
3.5.7.2. I All governing side slopes shall be considered from the top-of-bank of the resulting excavation,
whether said top-of-hank is at the surface of adjacent fill material or at existing ground level.
3.5.7.2.2 If rock, homogenous to the bottom of the excavation, is encountered at any elevation above the
"break-point', then the remaining slope below the "break-point' shall be no steeper than 0.5:1.
if said homogenous rock is encountered below the "bresk-point', then the slope below the
'break-point" shall be no steeper than 2.0: ! to the rock elevation, and no steeper than 0.5: I from
the rock elevation to the bottom of the excavation. However, in no ct-,e shall the 0.5: I slope
originate le.~s than 6 feet below thc mcan annual Iow water level.
019 430
Collier County $-91 October $0. 1991
~ Development Code
3.5.7.2.3 In the event t~t ~ ~ · Commercial Ex~vation wu previously excav·tcd is
rczoned/developed for ume other than agriculture, the excavation shall be modified to the
sumd~rds for development excavmions in ~ccordance with the requirements of Sec. 3.5.7.2 proper;
or other criteria ss may be moro stringent.
3.$.7.2.4 Exceptions to the side slope requirements that may be justified by such alternative· as artificial
slope protection or vertical bul~J~eade shall be approved in advance by the Development Services
Director.
3.$.7.2.$ Ten percent (10W) of the fi~ished lake bezfics s~dl be planted with natural aquatic vegetation on
· littoral shelf located three (3) feet 'vertically, with two-thirds (2/3) below smd one-third (113)
· bore tho control elevation. Littoral planting zom~ should be adjacent to smd waterward of control
structure· when possible.
3.5.'/.2.6 No Building C. ot~tm~tion Permit~ will bo iuuod for any propo~! construction ·round the
peria'~t~r of any oxcavation wh~ the minimum clearance betwoen the excavation top-of-bsmk and
the propo~ building foundation, i· loan than 30 fee~, unlm and until all aide alop~ adjac~-nt to
the propo~ ~tmction have been complcted and approved by the Development
Diderot. Exception· to thin requirement will bo made in tho~o instance· wher~ the l:~imat~r of
the excavation will be bulkheaded in accordance with tho provision· of .~. 3.5.7.2.4.
3.5.7.3 I~gll:gI. Unl~ sit~ conditious, water quality or mil information indicate~ otherwi~, the
excavation depth· aa measured from the I~'mitt~ control devation shall bo as follow·:
3.$.7.3.1 M~um. Privat~ and l~-velopment Ezcavatious shall not exczod 12 fe~ in depth ualeaa
computations using tho 'fe~:h formula' of maximum depth -, 5 feet + (0.015) x (m~n fetch in
feet) indicat~ that dee~ deptla am fea~ibl~. Tbe m~an fe~:h shall bo computed aa follow~ ('A'
+ 'B')/2 where 'A' ia tho ·v~rag~ length parallel to the long axis of the excavation and 'B' is
the average width of the excavation as measured at right angle~ to the long axis.
Conun~rcial Excavation· shall not exeeod 20 feet in depth unl~ otherwis~ vapported by the 'fetch
formula', or if it can bo ~bown from · c~mparative water quality study that depth,~ in ex~ of
20 feet will not, bew. au~ of aquifer condition~ or relative location to coastal ~aline waters, have
· detrimental effoet on the gmundwa~' r~onrcex in the surrounding area.
3.5.7.3.2 ~. In order to assure that, unsightly conditions or undeairabl~ aquatic growth will not
occur in w~ retontion ·naa during tho dry ~ea.son of the year, the bottom elevation of the~
excavations shall b~ at I~ast 6 fret I~low the m~n annual Iow water level.
3.5.7.3.3 ~W_,~d;K~. In tbo~ inatsnc~a where the excavator over-~xcavatea the depth of the
excavation by more than an ·v~ge o~' IOW, written justification shall be aubmitted to the
Development .%-rvice~ Dir~:tor by the proje~:t'a surveyor/engineer providing an as~ment of the
impa~t of the over-~xcavation on the water quality of the excavation. If, upon revi~.v of the
a.~.~mant statement by the l~,velopment $~'vic~ Director and Advisory Board, the increased
depth ia found to be unae~tsble, the Pm'mitte~ shall be required to fill the excavation to the
permitted depth with matm'ial,~ smd me~bod~ approved by the Development $~-vieea Director. If
the increased depth ia denny! aorxptsblo by th~ I~elopn~nt Service· Director smd approved by
the Environmental Advisory Board, · penmlty will be aaseas~d against the Permittee for the volume'
Collier County J-9'2 October $0. 1991
Land Development Cmle
of the over-excavated material. Tho penalty shall be set by resolution for each additional cubic
yard of excavated material.
3.5.'/.4 ~lXillg. If, at any time, the Development Service, Director finds that the location and conditions
of an excavation am not in, or able to be brought into, complian~ with ~11 requirmnents of this
division, the excavation shall be Imffered with a minimum of a 4 foot high fence with 'No
Trespassing' signs as deemed appropriate by the Development Services Director to deter pa..~age
of persons. ,
3.5.7.5' l'lQurs of Oxm-ation. Hours of equipment and blasting operations shall be regulated by appropriate
County Ordinances and State laws. Uttless otherwise approved by the Development Servicea
Director, all excavation operations, with the exception of dewatering pumps,, which am within'
I000 feet of developed re~dential property, shall be limited to operating hours between 7:00 A.M.
and 6:00 P.M., Monday through Saturday. Additionally, such excavation operations.~hail be in
compliance with any and all County ordinances which establish operating controls by hours, days,
noise level, or other parameters minting to public health, safety and welfare.
3.5.'/.6 Restoration. Upon completion of the excavation operation, the subject property shall be restored
as required by the 1986 State of Florida Resourc~ Extraction Reclamation Act (Chapter
IV, Florida Statutes). Reclamation shall mean the reasonable r~habilitation of the total~disturhe~l
area wher~ the r~ource extraction has occurred, and shall meet the reclamation pe~ornance
standarda established by the State. All disturbed m, including the excavation side
the water line and a 20 foot wide area around the entire perimeter of the excavation, shall be
sodded or fertilized and seeded with a "quick-catch' ~ variety ag, proved by the Development
Services Director within 60 days of the find side slope shaping in order to minimize the potential
for erosion.
3.5.7.7 Discontinuance of _Operations. If the excavating operation is inactive for a I~'riod of 90
consecutive days, except du~ to strikes or Acts of God, all side slopes, including the wodcing face,
shall conform with this division and a report so stating, prepared and sealed by the project's
surveyor/engineer shall bo submitted to the Development Services Director. Recommencement
shall also be reported to the Development Servicea Director. If the excavating operation is never
started or if discont.inued .for a period of I year, that permit is void unless.a written request is
made by the Permittee with sufficient justification for a time extension in which case the
Development Servicea Director may .authorize a permit extension for up to 180 days. A new
permit must be approved prior to commencement.
SEC. 3.5.8 ENSPECTION AND REPORTING REOU1REMENTS.
3.5.8.1 Im_oection.
3.5.8,1.1 Collier County personnel, having given.remouable advanc~ notice, shall have the right to enter
the property permitted for excavation and may from time to time carry out inspections of the
excavation site including the collection of water samplea to determine compliance with tho
provisions of this division and any special conditioe, s attached to the Excavation Permit as issued
by Collier County.
Cotlter County J-95 October $0. 1991
Land Development Code
3.5.8.1.2 Upon re~so~tblo notice imm COlIi& County personnel that an inspection is to be conducted which
requires the a~istanco ~nd/or Im~mce of th~ Permitt~ or his repreaentative, the Permittee or his
representative shall be available to assist and/or accompany County personnel in the inspection of
the cxcavztion site.
3.5.8.1.3 Collier County personnel is not obligated to carry out a detailed topographic mrvey to determine
complianco with this division. Upon a findin~ violation of this division or tho special conditi°ns
of the Excavation Permit, the Development Services Director shall sdvim the Permit·ce in writing
by Certified Letter. Tho Permittee shall, within 15 days of receipt of such notice, havo either tho
violation corrected or submit in writing why such correction cannot be accomplished witlfin the
15 day period. Such written communication shall also state when the violation is to be corrected:
If, in tho opinion of tho Development Services Director, the delay in correcting tho violation is
exceaaive, hz may recomflx~ to the Board that the Excavation Permit be temporarily ~ded
or permanently revoked. Upon corwction of the violation, the Permittee may be required by the
Developmc~t Services Director to havo fin eppropriate report, letter and/or survey, whichever is
applicablo, prepared, sealed and submitted to the Collier Count)' by tho project's
engineer/surveyor. Failuro to do so shall be causz for revoking the permit.
3.s. .2
3.5.8.2.1 ~ill4~...l~lsli~. The Pekmitteo. shall prm, ido the Development Services Director with an
excavation activities status report as follows:
1. Private Excavations, A Final St··ns Report within 30 days after tho final completion of
2. D~velo_ument ·fid Commercial Excavations. An Annual Status Report every 12 months
over tho duration of the permit and · Final Status Report within 30 days afar tho final
completion of each phase of tho excavation. If · Final Status Report will be filed within
4 months of tho required Annual Status Report, then the need for tho preceding Annual
5tatuf Report shall be waived.
The Final or Annual Status Report shall consist of no loss than tho following information,
and such other information as may be deemed necessary by tho Development Services
Director; to ~:curately determino the st·ms of the excavation, its compliance with this
.. division and the special conditions of tho Excavation Permit:
t. A sealed topographic survey preim~ by the proj.ect's surveyor/ engineer,'
con·sifting tho following:
(1) A base lino along tho top of tho perimeter of tho excavation, clearly ·
referenced to known points and sdjacent property or tract lines, if'
approprif~tz, with right anglo cross-sections taken which clearly show
tho 'as-built' sido slope sad depth of tho excavation at each station.
Unless other, viso approved by tho Deoelopment Services Director,
cross-sections shall be taken every 100 feet on cxcxvations less than $
acres, and every 300 feet on excavations over 5 acres. Partial
~ollltr ~oun~ $.~t October $0, ! ~1.
cross-sections showing th. 'as-built' sido slopes will be necessary on
the ends of tho excavation smd'around tho perimeter of tho excavation
wh~re due to its irregular shape, tho base lino right single cross-sections
do not accurately depict tho actual constructed slopes. The cma$ section
survey data shall be plotted at sm appropriate scale smd the 'u-built'
sido slope ratio computed for each of the segments between the survey
data points, The approved .design cross-section, including the
'break-points' shall be superimposed on each "as-built" cross-section
to facilitate visual verification of substantial compliance with provisions
of this division. $ido slopes shall be graded to within a reasonable
tolerance as will be determined by the Development Services Director,
depending upon local site conditions.
(2) On all Planned Unit Development or Subdivision projects, the outline
of tho excavations top-of-bank shall be accurately plotted smd
referenced to known control points in order that:
(a} Th~ surface area can be verified as meeting size and
· retention/detention storage needs. Tho computed' surface area
at control elevation shall be show~ to the nearest tenth of an
(b} It can be determined that the excavation wu constructed
within easements dedicated for that purpose.
(3) Tho location of all excav-__!~ materials stockpiled on tho prop~y. '
(4) Calculation of volun~ of excavated material ss follows:
Cubic yards used on site + cubic yards removed from sito + cubic
yards remaining on site in stockpiles = total cubic yards excavated
during reporting period.
· b. A certification from the project's surveyor/engineer stating that th.ey have
visually inspected all dikes around any d~watering storage areas, if any, ~nd
have alerted tho Permitten of any apparent weak spots, or failures which shall be '
promptly corrected by tho Permittee to assure that there will be no potential for
dike rupture that would cause off-site flooding.
A certification from tho project's surveyor/engineer shall accompany all final
completion status reports stating that, based on their obse~ations and surveys,
all work on tho excavation(s) was completed within reasonably acceptable
standards of this division smd any special stipulations placed upon the Excavation
Permit.
d. If tho excavation is incomplete, a written statement by tho Permittee stating the
. anticipated date of final completion of the excavation,
C~iller County J-9.,e · October $0. 19~1
SEc. 3.s.9
3.5.9.1 ~RD]~/[I~. A non-refundable and nontransferable application fee shall be paid at the time
of application for 'Private, Commercial or Development Excavation permits to cover the costs of
prcr..es~ing the application. Should a Road Impact Analysis be required in accordance with Sec.
3.5.6. ! .3.6 of this Division, the application fee shall be incre, ued to cover the cost of the road
impact analysis.
3.5.9.2 Permit Fee. Within 60 days after approval notification and prior to its issuance, an additional non~
refundable and nontransferable permit fee to cover the cost of excavation monitoring shall be paid
3.5.9.3 ]lgad Impact Fe~. If excavated material is to be removed from the subject property, appropriate
road impact fees in accordance with Ordinance No. 85-55, as s-cc_,.,-a__ed or amended, shall be paid
prior to the issuance of a Permit under this division. A site specific traffic impact statement may
be required to detm'mine the lane mile impacts and the appropriate fee in accordance with
Ordinance 85-55, u succ_,~__ed or amended. Upon completion of off-site removal of material, the
amount of any impact fees paid will be credited to the future site development activities in
accordance with applicable agreement(s) which may be agreed upon by the County and the
developer (property owner).
3.5.9.4 Time Extension Fee. Each written request for the'extension of permit issuance titrm shall be
s~.ompanied by a non-refundable time extension fee to cover the costs of preceding the request
and the Development Services Director shall not consider the request received until this extension
fee is 'paid in full'.
3.5.9.5 Rea0pllcatlon Fee. If a Private Excavation is not completed within a 12 month period, a second
application and a non-refundable respplication fee must be submitted to the Development Services
Director.
3.5.9.6 Annual Renewal Fee. Annual status reports filed on Development or Commercial Excavations
shall be accompanied by an annual non-refundable renewal fee to cover the cost of reviewing the
Annual Status Report..
· . SEC. 3.5.10 PERFORMANCE GUARANTEE REOUIREMENTS.
3.5.10.1 Upon approval of any commercial or development excavation permit,, but prior to the issuance '
thereof, the Applicant shall, alter'notification that the permit has been approved, execute an
agreement that he will comply with the provisions of this division and the permit. G6vernmental
entities shall be exempt from this requirement. This agreement shall be guaranteed by one of thc '
following two methods:
3.5.10.1.1 Excavations performed 'in conjunction with a Planned Unit Development or Subdivision
Development where excavated materials are not removed from the boundary of the development
and the plan for revised topography has been approved bY the Development serVices Director may
be guaranteed by a Subdivision Completion Bond in accordance with Div. 3.2 governing the final
platting of a Sulxlivision.
Ell 435
Collier County $-95 · Ocwber JO.
[.ami Developn~,m Co,It
3.5.10.1.2 All other excavations shall, within 60 days atter approval notification, have their performance
guaran!__,~d_ by: (a) a cash deposit or Certificate of D~aosit assigned to the Board; or Co) an
irrevocable Letter of Credit. Unless otherwise approved by tho Development Services Director,
Certificate Assignments or Letter~ of Credit shall be documented on forms to be provided by
Collier County. The performance i, uarantee posted for on-site exc~'ation, activities shall be in an
amount of no less than $I0,000.00 nor more than $I00~000.00 computed at the rate of 20¢ per
cubic yard to be excavated to ensure compliance with the provisions of this division but such
performance guarantee shall not act to limit any guarantees required for off-site road impacts that
may be necessary in ac~r~ce with Sec. 3.5.6.1.3.6.
3.5.10.2 The performance guarantee slmll be executed by a person or entity with t legal or financial inter~st
in the properly and shall r~main in effect until tho excavation is completed in accordance with this'
division. Performance guarantees may be recorded in the official records of the County and title
to the property shall not be transferred until the performance guarantee is released by the
Development Services Director.
3.5.10.3 All performance iuarantec~ shall be kept in continuous effect and shall notbe allowed to terminate
without the written consent of the Development Services Director.
3.5.10.4 Should the County find it necessary to utiliz~ tho performance guarantee to unroll.. · an~,
corrective work on the excavation, or to complete the excavation under the terms of this division,
or to correct any off-sim impacts of tho excavation, the Permittee shall be financially resl~msible
for all legal fees and ~ssociated costs incurred by Collier County in recovering its expens~ from
the firm, corporation or institution that provided the performance guarantee.
SEC. 3.5.11 APPEALS. All actions of the Development Services Director shall, if a.t all, be appealed to the
Board. Any Applicant who is aggrieved by the action of the Board relative to the issuance of a
permit, or any person adversely affected by the issuance of a permit may challenge said action or
issuance by appropriate action in a tribunal or court of competent jurisdiction within 30 days from
the date of said issuance or action. Failure to file an appropriate action within the prescribed time
limit shall operate as a bar to, and waiver of, any claim for relief.
SEC. 3.5.12 PIlSNALTIES AND_ENFORCEMENT.
In addition to the over-excavation penalty provided in Sec. 3.5.'/.3.3, any person who violates any
section of this division shall be pro~zcuted and punished as 'provided by Section 125.69 of the
Florida Statutes. Each day a violation exists shall be considered a separate offu'nse. The Board or.
thy persons whose interms are adversely affected may bring suit, in the Circuit Court of Collier
County, for damages or to restrain, enjoin or otherwise prevent the violation of this division. The
Development Services Director is vested with the authority to administer and enforce the
provisions of this division and is authorized to take action to ensure compliance with. or prevent
violation of, the provisions of this division, and shall have authority to issue administrative stay
orders. Failure to file timely status reports with accompanying permit renu-wal fees, or failure to
keep the performance guarantee in continuous effect shall bo cause for the Development Services
Director to issue 'Stop Work' Orders on all excavation-related activities taking place or planned '
049 436
Collier County $-97 October JO. 1991
Land Devetopment Code
SEC. ~.~.13
It is the intention of the Board that each ~arate provision of this division simll be deemed
independent of all o~er provisiom herein, and it is further the intention of the Board that if any
provisions of this division be decismi to be in.valid, all other provisions thereof shall remain valid.
and enforceable.
SEC. 3.5.14 COMPLIANCE WITH STATE AND FEDERAL PERMrrs.
The issuance of a pmnit in ~xxndanen with the provisions of this division is not intended to
preclude the right or authority of any other Federal ot State agency from requiring separate
permits in accordance with rules and regulations of that agency. In · case where multiple permits
are required, the most stringent stipuis~om and requirements of each permit shall govern the wodc
permitted under this division.
C.~lller ~ $-9~ Ocu~er JO, 199~
i)Iv. :;.6 W LL CONSTRUCTION.
SEC. 3.6.1 TITLE AND CITATION.
This division shall be knovm zed may be cited as the "Collier County Well Construction Code'.
The Bom'd does hereby make the following findings: That it in necessary and in the public interest
to regulate the location, construction, alteration, repair, equipment, maintenance, and plugging of
wells in Collier County and is in the interest of the public health, safety and welfare. It is
therefore the purpose of this division to bring about public awareness of proper well construction
methods and to initiate and enforce regulation relating to well construction. Regulation of well
construction is nece~ary because improperly constructed, repaired, or abandoned wells, test holes,
or hydraulic elevator shat~s have the ~apacity to create hazards to the health, welfare and safety
of the citizens of Collier County and to pollute or othetmise adversely affect the quality of water
resources of Collier County.
This division shall apply to and be enforced in all areas of Collier County.
SEC. 3.6.4 F. EGULATION OF WELLS.
3.6.4.1 Sco_t~. The regulations in this section relate to the permitting requirements applicable to the
construction, repair or ab~mdonment of wells. All wells must be permitted prior to construction,
re, ir or abandonment and must be constructed, repaired or abandoned .by a licensed water well
contractor. This does not relieve the applicant from obtaining permits from the South Florida
Water Management District which may be required under Chapter 40E-2 (Consumptive Use),
Chapter 40E-4 (Surf.ace Water Managemen0, Chapter 40E-20 (General Water Use Permits) or
Chapter 40E-40 {General Surface Water Management Permits), Florida Administrative Code.
3.6.4.2 Permits Reouired.
3.4.4.2.1 Unless expressly exempt in subsection 3.6.4.3, a permit must be obts~ed from the County prior
to. the construction, repair.or alaandonmmt of any well, test hole, or hydraulic elevator shaft
within Collier County. Any well drilled without a permit shall be plugged by the contractor at the '
' contfactor'l eXpettse.
3.6.4.2.2 A well construction permit must be obtained prior to the constructio, n of any gang well, regardless
of the size or depth of the individual wells comprising such gang well, for the purpose of
procuring or obtaining water other than for temporary'dewatering.
3.6.,$.2.3 No test hole shall be converted to a water well until a well construction permit is obtained.
649 . 438
Collier Count/ $.99 <}ember JO, 1991
~ De~elopme~.t Cod~
3.6.4.2.4 ' No monitoring or obscn'vation w~ll shall in couvea'ted to a ~ti~ ~11 ~til a ~11 ~ti~
~t ~ ~ifi~i~ ~f is o~ f~ ~h ~ti~ ~ll.
3.6.4.3 ~. ~ foll~g ~ils ~ ex~ f~m ~ ~ui~ of S~s. 3.6.4.5 ~d 3.6.4.6.
~s exe~ti~ d~ ~ ~li~e ~ ~li~t from o~ing ~ which ~y ~ ~ui~ und~
~p~r 40E-2 (~tiv~ U~), ~ ~E~ (Su~ Wa~ M~ge~t), ~p~ ~E-20
(Gm~ Wa~ U~ P~) or ~p~ ~E~ (G~I Suff~e Wata M~age~t P~),
Flofi~ Ad~i~tivo ~, from ~e ~ ~o~ Wa~r M~ge~t District..
3.6.4.3.1 No well ~ exi~ ~ ~ eff~five ~ of ~s division ~11 ~ ~uir~ ~ ~n~ ~ ~e
p~visious of ~. 3.6.4 ~ 3.6.5 ~ ~y ml~ ~ ~lati~ ad~ pu~t he,to. ~H~,
~y ~I1 ~ ~ h~ ~~ ~ ~ ~ defm~ ~t m ~s.divisi~ ~d ~y'
appli~ble ml~ ~ ~lati~ ~ ~ m ~~t of wells, ~d ~y well w~ch is
de~n~ by ~e ~ty m ~ a ~ m ~e ~nd ~t~ ~ m~t comply wi~ the
p~visio~ of ~s divisi~ ~d ~li~ble ml~ ~d ~lati~ wi~n a ~ble ti~
notifi~ti~ of ~h d~ti~ ~ ~ givm. ..
3.6.4.3.2 No~g in ~s divisi~ ~! ~t a ~ who ~ n~ oba~ a
li~ from ~ting a ~11 ~ is ~ (2) ~h~
in~d~ f~ ~ ~y ~ a s~gle f~ly ~ ~ch is his ~i~, or ~d~ f~ ~ ~y f~
fang pu~ ~ ~s ~ f~, ~d ~ ~e ~
by ~e public ~ ~y ~i~ ~ ~ ~ ~. S~h ~ ~!1 ~ly ~& ~1 ml~ ~d
~lati~ ~ to ~o ~ti~ of ~lls ~ ~ ~is divisi~.
3.6.4.3.3 Wells ~ for ~ ~ d~g of ~~ fo~ti~ for ~g, q~g, or
3.6.4.4 Ex,flora ~d V~a~. ~ ~ti~ ~ ~
divisi~ ~1 ~r ~:
3.6.4.4.1 ~e ~ ~ ~ ~1~ ~1 ~ ~m~a of ~. 3.6.4 ~y ~t ~ ~ ~due.
~p f~ ~e ~ti~, ~r ~ a~~t of ~ wells~
3.6.4.4.2 ~y aff~ ~' ~y ~ ~ ex~ti~ from ~y ~ all of ~ ml~ f~ ~ ~divid~
well by ~g ~ ~ ~ ~ ~ ~ch m~ ~1~ ~ ~ific ~uim~ for
~ch ~ ~e~ is ~, ~y ~ ~ ~im~ ~ or ~ditio~ ~ide~
apollo, ~d ~ ~y ~ exe~ti~ is ~~ n~.
· 3.6.4.4.3 ~e ~ty ~y g~t ~ exe~ by ~y of m vafi~ if ~e ~t~ public h~l~ ~d
~ ~~g p~ipl~ ~d ~i~ ~1 not ~v~ly aff~t
vm6~ s~l ~ ~ ~imum n~ ~ a~lio~m the ~hip.
3.6.4.4.4 Wft~n vsfi~ ~ from ~ ~t~m~ ~11 ~ ~iv~ ~d ~tt~ d~isi~ ~de~ by
· e ~ty wh~, in ~ ~on of ~e ~, ~ e~g~cy si~tion exis~ ~d ~ ~ch
a ~u~t ~d d~i~.
439
Collier County $-I00 October 30, 1991
Land Development Code
3.6.4.4.5 If tho request is for · variance from tho requimnmt' of obtaining · South Florida Wat~'
Management District rater uso permit, tho applicant must demonstrate that an application has been
filed or · compelling necessity exists to cOnunen~ the construction, repair or modifi~tion of ·
well'while an application for a water uso pei'tnit is pending. Issuance of the variance will not be
evidence of any entitlement to the water use permit.
3.6.4..4.6 Upon issuance of· variance, the County may impose such special conditions as may be necessary
to protect the purpose and intent of this division.
3.6.4.5 ADDliCation and.lssuance of Permits.
3.6.4.5.1 Permits will only be issued to tho owner or his agent on whose property the well is located.
3.6.4.5.2 Applications for permits required by this division shall bo filed with the County. Tho application
shall contain:
1. Form '0123' Application to the South Florida Water Management District or an
approved Collier County' form, for tho construction, repair or abandonment' of all wells,
test holes, and hydraulic elevator shafts.
2, Tho name, address, tolephonu number and license number of the licensed contractor who
will bo constructing tho wells.
3. The name, addresa and telephone number of tho property owner and his agent, if
applicable, on whoso property tho web is to bo drilled.
4. The location of tho well (to tho n~arest eno-quarter of tho eno-quarter section (1/4 of
1/4), or latitude and longitude to tho nearest second, or Florida coordinate system (state
planar coordinates) to the nearest eno hundred feet, or a legal description that includes
the township, range, section, unit block and lot numbei, and site map of the well location
depicting land marks and providing · scale.
" 5. Tho expected depth of the well.
6. The proposed uso of the well.
7. · The estimated dail)~ vo!urm of the propomi uso.
' 8. Tho si~cification for well construction including ~he size(s) of the casing to be used, the
proposed construction, ~air. or abandonment specifications including casing types,
diameters and depths; o~n hole or screened intervals, sizes and screen openings; and
. proposed grouting materials.
9. Tho proposed tnethod of construction and completion of the well, or the method of
plugging and abandonment of tho well, or the method of repair, where appropriate.
10. The proposed maximum pump capacity in gallons per minute (gpm).
Collier County J- l OI October JO, 1991
Land Development'Codt
11. The antic, ipated starting date.
12. ' The South Florida Water Managemi~t District water use permit number or tho water use
application number, if applicable.
13. A well completion v~rt and log for my hole which becomes · water well.
14. A single permit shall bo issued for ·II foist holes located on ouo site.
15. Likewise · single permit shall bo issued for all monitoring wells located on one site.
3.6.4.5.3 The application must I~ signed by the owner or his authorized agent, if applicable, and a liccn,r~
water well contractor. An owner may delegate to an agent authority to apply for and receive a
permit application providing th~ agent supplie~ a notarized letter of authorization from the owner.
3.6.4.5.4 The fee required pursuant.to Sec. 3.6.4.6 shall b~ submitted with the permit application.
3.6.4.6 Permit Am~llcatlon and Ret _mpection Fees, The Board of County Commissioners shall establish,
by Resolution, a schedule of fees and charges for matters pertaining to this division and allied
matters. It is tho intent of the~ regulations that the County shall not be required to bear any part
of the cost of applications made under this division. The schedule of fees and charges shall bo
posted in the ofrico of the Building ~ment and the Resolution establishing such fees shall bo
on file with the clerk to lbo Board. The charges listed may be changed by resolution of tho Board
of County Commissioners and are not subject to the procedure for amendment of this divisioh,
· 3.6.4.7 Conditions for Issuance Of Permits.
3.6.4.7.1 In order to obtain a permit under this division, an applicant must:
1. Submit a Permit application as specified in Sec. 3.6.4.5.
" 2, The permit application fee shall 'accompany the original application according tO theSee
schedule provided for in Sec. 3.6.4.6.
3. Submit proof of a State o!' Florida, water well contractor licens~ issued by the South
Florida Water Manapment District, in force, and any subsequent county contractor
license, must I~ provided by the applicant at the time of application for · well
construction permit,
3.6.4.7.2 A State of Florida contractor licemo is not required for test holes, test borings, foundation holes,
or hyd~ulic elevator shafts. If however, a speci·lty license is required by tho County, proof of
licensure must be provided by the applicant with submittal of the permit application.
3.6.4.7.3 If the applicant is the landowner, evidence of Contractor's name and proof of license issued by
the South Florida Water Management District and/or Collier County, in force, must be provided
to the County prior to any work commencing on the permitted well.
~oltier Co~ $-102 October $0, IS~91
Land Developmen~ Code
3.6.4.7.4 An applicant must certify that:
I. the proposed well .will comply with the construction criteria set ~orth in Sec. 3.6.4.
2. The applicant or owner has obtained st South Florida Water Management District water
use permit under Chapters 40E-2 or,tOE-?0, Florida Administrative Code, if appllcable.
3. Tbe proposed well will not otherwise adversely stffect the water resources.
3.6.4.7.5 The application must be comPlete and meet all the requirements of this'divisi°n.
3.6.4.7.6 Upon issuance of a permit, the County may in'qx)se such special conditions thereon as may be
necessary to protect the purpose and intent of this division. :
3.6.4.8 Duration ef Permits. Each permit shall be valid for st period of nine (9) months. In the event
conf~ruction, repair, or abandonnamt ia not compl~_,~_ within that time, the County may extend --.-
the time limit an additional three (3) months upon written request by the permittee, pm,~ided that
the conditions of the original permit application have not changed.
3.6.4.9 ~;usoension and Revocation of Permits. The County may s~fpend or revoke a pe~tmit to
construct, repair or abandon a well by written notice to the perrnittee under any of tho following
circumstances:
· 3.6.4.9.1 Material misstatement or misrepresentation in the application for a permi't;
3.6..4.9.2 Failure to comPly with the provisions set forth in the permit;
3.6.4.9..3 Disregard or violation of any provisions of these rules and regulations; or
3.6.4.9.4 Unforeseen circumstanc~ which may create a danger to the water resources or tho.public health,
safety or welfaw if the well is constructed as permitted.
3.6.4.10 Well Com_~letion Re~ort.
3.6.4.10.1 Well comPletion reports am required for tho construction, repair or abandonment of all wells
regardless or whether a permit application is required under Sec. 3.6.4.5. Well comPletion reports
shall be filed with the County within thirty (30) days of the completion of work.
3.6.4.10.2 Tho water well contractor shall keep or cause to be kept by a registered driller in his employ, an
accurate log of all construction, repair or abandonment activities at the site of construction. Such
logs shall be available for inspection at the site during all times when work is in progress.
3.6.4.10.3 If no work is performed or if the well is not completed, a report shall be filed within thirty (30)
days of the expiration of the permit stating that no well construction was performed under the
permit or outlining the status of the incomplete well.
~ Omlopmen~ Code
3.6.4.10.4 The Count,/ may dso r~luire that samples be taken during construction and famished to the
County with tbe completion rqx~rt. If samples ara required, tho County shall provide containers
3.6.4.11 Emergency Authorization.
3.6.4.11.1 Emct'gem~ permits may be issued by the County when one of the following conditions exist that
justify the issuance: ,
I. An existing well supplying · paflicular use has failed and must be immediatel~ replaced;
2. The health, asf~/, or gene~ welfare of tho peopio of tho Cotmty would be jeopardized
without such anthofizatio~;
3. Emergency authorization is needed to immediately mitigate or resolve potentially
hazardous degredation of water rmources; or "
4. A serious set of unfore~,~ea, and unf _orese~____ble circumstanc, e~ exists which creates the
emergency.
3.6.4.11.2 Emergency permits shall be applied for in writing and ismed in writing. Mere ca~l___,.~neas~ or lack
of plttming on the part of the applicant, contractor or driller will not constitute suffi¢i~t'cause
for tho issuanca of an etm'vgency permit,
3.6.4.11.3 The applicant for an emergency permit shall mbmit the application and fa in accordanc~ with
Sec. 3.6.4.5 and any other requested informttion within twenty-four hours ,'f~er making
emergency application.
3.6;4.11.4 Seca. 3.6.4.10 and 3.6.5 shall apply to all construction performed under an emergency permit,
except for those conditions that may be specifically waived bY the c. ounty upon written r~luest
by the applicant.
3.6.4.12.1 The County is authorized to inspect any well or abandoned we. Il, including those ~vells permitted
under Sec. 3.6.5 within itsjuriediction, as it deems neceuary to insure conformity with applicable
stsadards. Such inspection may include but not be limited to geophysical logging, water level.
measurements, or other methods. Duly authorized r~resent~tives of the County may, upon proper
identification and at reasonsble times, enter upon and shall ~ given access to any premises for
tho purpose of such inspection.
3.6.4,12.2 I f, upon tho basis of such inspection, tho County finds the standards of Sees. 3.6.4 and 3.6.5 have
not been met, tho County shall give tho owner and contractor, if applicable, a written notice.
stating which roles have been violated and shall order that 'necessary corrective action be taken
within · reasonsblo length of time to be prmcribed in such order but not to exceed ten (10) days.
Goiller C. tnmty J-lO4 O~u~ber $0. 1991
~ Devel~ptnent Cod#
3.6.4.12.3 A site inspection may be conducted by an authorized ~tstive of the County prior to issuing
a permit for construction, re,ir, or abandonment of any well test hole, foundation hole, or
hydraulic elevator shaR.
3.6.4.12.4 The County shall be notified by tho c~ntractor at least 2~ hours in advance of tho co~~t
of well construction, repair, or abandonment for all wells. A County representative ~ay be on site
to observe the grouting and other construction activities. If the County is properly t~otified and a
representative ia not at the site at the appointed time, the grouting may be accomplished in his
3.6.4.12.5 If, upon basis of an inspection, the County finds any well is an abandoned well; the well shall be
plugied at the owner's expense in accordance with the methods of abandonment as set forth in
Sec. 3.6.5.
SEC. 3.6,5 CONSTRUCTION. REPAIR AND ABANDONMENT STANDARDS, "
3.6.5.1 ~one. Tbe regulsti~ns in this section relate to the standards and criteria for the construction,
repair and abandonment of wells. Ali wells within the County unless specifically exempted undeg
Sec. 3.6.4.3 must comply with thes~ standtrda regardless of whether · permit i~ requi~d under
Sec. 3.6.4.
3.6.5.2 Construction methods. Wells must be so constructed, cased, grouted, plugged, capped, or Sealed
ss to prevent uncontrolled surface flow, uncontrolled movement of water from one aquifer or zone
to another, contamination of ground water or surface water resources, or other adverse impacts.
The following shall apply to all construction, repair, or abandonment of wells in Collier County,
except for:.
3.6.5.2.1 Public water supply wells which shall be constructed, repaired or ab·ndoned in accordan~ with
Chapter 17-22, Florida Adminislrativ~ Code.
3..6.5.2.2 Injection wells which have received a permit under Chapter 17-28, Florida Administrative Code,
provided the applicable standards of construction am met under Chapter 17-28, Florida
Administrative Code.
3.6.5.3 ],tl~gtlilRl. Wells shall be located so as not to pose a threat of contamination to the water resource
and shall be located within the appropriam distance established by Chapter 10D-4, and Chapter
10D-6, Florida Administrative Coda. Wells located either landward or seaward of the salt water
barrier line shall conform to the well construction requirements as provided herein:
3.6.5.3.1 Landward of the salt water barrier line: aH wells shall conform to the requirements of this division
ss set forth in the following constmction'stendards as established in Sees. 3.6.5.4 and 3.6.5;9.
3.6.5.3.2 Seaward of the salt water barrier line: all wells shall be ~onstructedeither double-cased with
bentonite grout placed between the inner and outer casing or, if single-string is utilized, the
Contractor shall use Polyvinyi Chloride (PVC) well casing/screen and shall provide a minimum
of two (2) inches of bentonite grout, or other approved material, around the outside of the casing.
In single-string construction, the bentonite, or other approved material, shall extend from the
ffi 04'9
Collier County $-105 October $0. 1991
Land Development Code
I
bottom of the casing to the ground surface. In double-ca~s] wells, the bentonite shall extend from
ten (10') feet into the confining unit (clay or. marl) which separates the aquifers to the ground
surface. Shaft holes for hydraulic lifts shall be double-cased with. a minimum of two (2) inches
of bentonite grout, or other approved material, in the annular spaces outside and between casing
strings. The shaft hole shall be cemented a minimum of five (5) feet below the bottom of the inner
cuing.
3.6.5.4 . C:asin~ and Liner Pine'Standards.
3.6.5.4.1. Well ca~ing and liner pipe shall be new. such casing or pipe shall not be used unless if is free of
le~cs, corrosion, and dents; is straight and true, and is not out of round. Welded et seamless black
or galvanized pipe or casing, or stainleas steel pipe or casing, or approved types of nonmetallic
pipe shall be used for well cuing or liner pipe. Well casing installed by driving shall not have leas
than the dimensions and weights specified in Table I hereof unles~ otherwise approved by the
County and shall conform to the American Society for Testing and Materials (ASTM) A53-77A
Type S, Grade A except as noted herein.
3.6.5.4.:2 Black or galvanized steel casing or liner pipe set into place without driving shall not have less than,
the dimensions and weights specified in T~ble 2 hereof and shall conform to the American
Petroleum Institute (APl) Stsnda~d 5L, Grade A.
TABLE 1
MINIMUM DIMENSIONS AND WEIGHTS FOR
BLACK OR GALVANIZED STEEL CASING
OR LINER PIPE INSTALLED BY DRIVING
nominsd outside wall plain end
size diameter thickness weight
(in.) (in.) '(in.) (lbs/f0
2 2.375 0.1:54 3.6:5
2.:5 2.875 0.203 5.79
3 3:$00 0.216 7.:58
3.5 4.000 0.226 9.11
4 4.500 0.237 10.79
or .188 or 8.62
5 5.563 0.258 14.62
6 6.625 0.280 18.97
8 8.625 0.280' 24.70
10 10.750 0.307 31.20
12 12.750 0.330 43.77
3.6.5.4.3 Black or galvanized steel casing installed by driving with a nominal size between 12 and 30 inches
shall have a n~inimum wall thickness of 0.375 inches and shall be of weights as specified by
o'49 ,:445
Collier Coumy 3-106 October 30. 1991
Laml Development
Dtyl~on $.6 Well Corum~'lofl
Americ~ Nttioml Stmdarda fro' Wmu/,ht S~eel nd W.mu~ht Iroo Pipe ANSI B36.10 1970, for
St~d~d pipe. Pipe itrL, m' tbn :30 inches shill have a minimum w~ll thickness'of 0.500 inches sad
shall be of wgight~ ~, R~cified by American National Standards for Wrought Steel sad Wrought
Iron Pipe ANSI B36.10 1970, for ~tandard pipe..
3.6.5.4.4 Four inch nomimd size pipewith a W~ll thiclme~ of 0.1~8 shall be certified by the m~nufacturer
to be in accordsac~ with American Petroleum Institut~ (APl) Standard 5L or AS'gM A589-73,
A120-77, A53-77A, AT. S2-77A Orad~ 2.
oo
m 446
Collier County $-107 October JO, 1991
Lamt Development Code
TABLE 2
MIN~HUM DIMENSIONS AND WEIGHTS FOR
BLACK OR GALVANIZED STEEL CASING OR
JelNER PIPE SET INTO PLACE WITHOUT DRIVING
nominal outsid~ wall plain end
size diameter thickness weight
(in.) (in.) (in.) (Ibs/ft)
2 2.375 0.154 3.65
3 3.500 0.125 4.51
3.5 4.000 0.134 5.53
4 4.500 0.142 6.61
5 5.500 0.154 8.79
5.5 6.000 ' 0.164 10.22
6 6.625 0.185 ! 2.72
8 8.625 0.188 16.90
3.6.5.4.5 Black or galvanized steel casing or liner pipe set into place without driving, with an outside
diameter less than 3.500 inches shall have a wall thickness of not less than 0.125 inches. Black
or galvsrdzed steel casing or liner pipe with a nominal size between 8 and 16 inches shall have
a wall thickness of not less than 0.250 inches. Steel casing or liner pipe'with a nominal size' of
16 inche~ or more shall have · wall thickness of not less than 0.375 inches.
3.6.5.4.6 Stainless steel pipe used for casing or liner pipe shall be Schedule 108 of the American National
Standards Institute (ANSI B 36.19-1976), or stronger classification.
3.6.5.4.7 Polyvinyl Chloride (PVC) pipe may be mod for well casing or liner pipe. Any PVC pipe used to
construct a water well shall have been marked by the manufacturer, under a method specified by
the National Sanitation Foundation, Ann Arbor,' Michigan, as suitable for un in well construction.
Any PVC pipe larger than 4.5 inches outside diameter used for well construction or repair shall
have a working pressure rating of not less than 200 p.s.i, at 73 degrees Fahrenheit or shall be
ASA Schedulo 40. Other nonmetaliic pipe may be approved by the County.
3.6.5.4.8 Steel well casing and liner pipe may be joined in a watertight manner by threaded couplings or
cl~ctrical welding methods. PVC pipe shall be joined by solvent bonded or threaded couplings or
other approved method which shall mod the strength requirements of casing as specified in Sec.
3.6.5.4.6.
3.6.5.4.9 Nonmetallic and stainless steel well casing or liner pipe shall not be installed or seated by driving
unless prior approval is obtained from the County.
mi 447
Collier County $-108 October $0. 1991
Land Devetopmem. Code
3.6.5.4.9.1 For w~ll c~i~g or lin~ pil~ inmllM ~ ~g, ~ ~ing ~ pi~ ~I! not ~a
~e-~ ~pl~p ~m ~ jolt ~ ~l~lly ~ldM ~ M to ~ ~l~Jy ~r tight.
A d~v~ ~ is ~i~ for ~ ~ ~g ~ pi~ ~ll~ by d~ving unl~ exemp~ by
3.6.$;$ Wall Common R~~
3.6.5.5.2 For ~ils which ~n~ ~ltiplo ~if~ ~ ~, ~ ~il ~11 ~ ~mple~ m ~ to ~t
c~ ~~tim of diffe~t ~ifm ~ ~ ~ ~ ~t I~ago of
~uif~ ~e m ~o&~ ~if~ ~e.
3.6.5.5~ For wells ~&~ ~m ~lj~ ~if~, ~e ~in~ s~ll ex~d ~m
1. ~e ~I! ~ ~1 ~ ~ m ~ ~ ~& a ~ight ~; or
3. ~e ~ ~mbly ~1 ~ap ~ ~ing by ~ I~ ~ (I0) f~t,
4. F~ wells ~ ~to ~li~ ~ifm, a ~t~ ~g ~! ex~d ~m a~vo
top of g~e ~m &e ~ of ~ ~if~. F~ ~i~ ~lls, ~ ~g
~tim ~c~ of ~ ~1~ f~tio~ s~vo ~e ~uif~ Or p~uc~g
· e ~uif~.
S. ~ ~1 ~, '~g ~ ~d'fmm l~d md~ ~ a ~n~m of ~ (3) f~t ~1~
.. I~d m~.
6. ~1 ~lls ~I1 ~ left ~d ~~ ~Ive (12) ~cb~ ~ fi~sb~
~.6.5.6 G~utinn nnd ~li~. Wells ~11 ~ g~ ~d ~ to pm~t ~e water ~u~ f~m.
deg~tion ~ by ~t of ~ al~ ~e ~! ~ul~ ~&~ from ~e m~ ~ the
~uifcr or ~ ~uifm, ~d m ~mt I~ of a~i~ p~ in a~i~ ~uif~. ~i wells
s~ll ~ ~t~ ~d ~1~ ~ing a ~ which in~ ~at ~ o~
~blo ~ular ~ d~ ~ ~ ~ · ~11 is ~mplct~.
3.6,5.6.1 ~e ~ing s~il ~ ~te~ in &o ~holo prior m g~uting ~d ~ling. C~te~ng
~ ~ ~ ali gmut~ ~lls, not I~ ~ ~ ~i~ for ~h fo~y (~) f~t of ~ing ~!1~.
In~gdty of th~ ~holo s~ll ~ ~in~in~ by th~ ~th~ n~ to ~ pm~r
pl~nt of the grout in tho ~ular ~. In th~ c~ whe~, during gmutlng o~ntions,
circulation of the grout is Io~ m that the ~ular ~s~ ~ing gmu~ ~ot ~ fiil~ in one
continuous o~ntion, a t~o pi~hall ~ ins~ll~ in thc ~ular ~ace to a ~int imm~iately
above the zone of lost circulation and the annulus shall be bridged at that point by sand and other
approved naterial introduced through the pipe. Grouting or sealing of the annular space shall be
completed using tho pipe or other apprcrved methods. A tremin pipe, or other approved method,
may also be used to complete grouting when the total volume of grout to be replaced exceeds that
which can be safely replaced in one continuous operation. Wells shall be grouted by pumping
cement through the casing or through a tremie pipe outside the casing only after the annular space
is flushed clean of debris. Grouting under gravity pressure will not be allowed. The minimal set
time for grouting of casing before drilling operations may continue, shall' be twelve (12) hours.
3.6.5.6.2 All wells must have an annular space equal to or gr~tter than two inches for grouting.
3.6.5.6.3 Wells constructed in unconsolidated formations by any method which creates an annular space
shall be grouted no mom than ten (10) feet above the top of the screen to land surfac~..
3.6.5.6.4 All other wells shall be grouted from the bottom of the casing to land surface. ..
3.6.5.6.5 Grouting and sealing of water wells shall be accomplished by the practices and 'methods
recommended by section Al-8.4 of AWWA A 100-66, AWWA Standard for Deep Wells, American
Water Works Association, inc., or other methods approved by the County.
3.6.5.6.6 Galvanized steal casing shall be grouted by using bentonite grout or some other 'a~' cePtabie material
without the addition of cement.
3.6.5.6.7 Wells constructed by methods which require driven well casing are exempt from Sec. 3.6.5.6.2
and 3.6.5.6.3, provided ali of the following conditions nm met:
I. Casing shall be driven from land surface to its final depth in a borehole smaller in
diameter Ibm nominal outside diameter of the casing used, or be driven from land
surface to its final depth ahead of the drill bit;
2. A drive shoe is used;
3. No annular: spece'exista at~r casing is installed;
4. The upl~..rmost three feet of the casing must be grouted to provide protection from
5. The well is sealed in accordance with Seca. 3.6.5.6.8 and 3.6.5.6.9;
6. All other requirements of this subsection am met.
3.6.5.6.8 Tern_notary Well Seal. Whenever them is a tempora~ interruption in work on the well d~ring
construction, repair, or abandonment, the Well opening shall.be sealed with a substantial watertight'
cover, except for those areas of Collier County in which pumping equipment is installed seasonally
or periodically. Whenever pumping equipment is not installed, the well shall be capped with a
watertight cap or valve. Ifa temporary well seal is installed, an unobstructed inspection port must
be provided for wells four (4) inches or greater in diameter.
CoRlcr Coun~ $-I!0 October $0, !~91
l. and Development Codt
3.6.5.6.9 Permanent Well ,~ls. Wells located on ground subject, to flooding shall be properly sealed to
prevent the movement of contaminants and surface water into the well. The upper end of the well
casing shall include a watertight seal with any vent above the l{X}-year flood level. Pumping
equipment and any necessary pipe or electrical connections shall be so installed as to prevent
inadvertent introduction of contaminants into abe well, Pumping equipment and any necessary
piping or electrical connections installed within the casing shall be installed through a well seal.
An unobstructed inspection port equipped with fi temporary removable plug shall be provided and
acceasible at the wellhead for wells four (4) inches or greater in diameter.
3.6.5.7 ~. Tho use of explosives in well construction or development is prohibited unless
specifically approved pursuant to Sec. :3.6.4.4.
3.6.5.8 EIRI~.~:Ih- If the well flows at land surface, each well shall be provided with a valve pursuant
to Section 373.206, Florida Statutes.
3.6~5.9 Abandoned Wall and Test Hole Hunlzln~.
3.6.5.9.1 Any well which was not constructed in accordance with the standards of Sec. 3.6..5 and fails to
be corrected upon written notice i'fl accordance with See. 3.6.4.12.2 shall be deemed an abandoned
well.
3.6.5.9.2 Any well which is an abandoned a~isan well ~nder Section 373.203(3), Florida Statutes, or its
succorer, shall be plugged in accordance with Sec. 3.6.5.9.3 below.
3.6.5.9.3 All abandoned wells shall be plugged by filling them from bottom to top with neat cement g.rout
or other approved method within a time specified by the County, unless otherwisz provided in
writing by the County. The plugging shall be to restore or improve tho hydrologic conditions
which existed before the well was constructed. Tho work shall be accomplished by · licensed
3.6.5.9.4 A request to abandon · well shall be submitted on the ·pplicaiion form provided by the Count),.
.. 3.6.5.9.5 Teat holes for the purpose of obtaining data for engineering studies, seismographic, geophysical
or geological exploration or prOSlX~ting for minerals but not for the purpose of either prodocing
or disposing of water shall be plugged by filling them from bottom to top with · neat cement grout.
or other approved grouting materild immediately upon completion of lests. The Contractor shall
be re~x~nsiblo for the proper plugging of such test holes.
SEC. 3.6.6 CONTRACTOR LICENSING AND EOUIPMENT REGISTRATIO~q.
Chapter 17-20, Florida Admini~rative'Code, or its successor, Which requires tho licensing of
water well contractors and registration of drilling equipment, is adopted by reference and made
part of this division. Any hereafter required County water well contractor license must be obtained
by the water well contractor prior to request for · well construction permit or commencement of .
well construction. Although persons engaged in the installation of elevator shafts, foundation
holes, and/or test borings may or may not have · license issued by the South Florida Water
Management District, any County license required under a County ordinance must be obtained by
Collitr County $-III October JO. !~1
~ Dt~tlo~m~t Code
~ls~vn $.~ Well
such per~,n(s) prior ~o th~ submittal of the permit application or the comrm.'ncement of any work
related to the installation of elevator shales, foundation holes, and/or test borings.
SEC. 3.6.'/ ApMINISTRATION. ,
This division shall be administ~r~ by the County Manager or any other person or agency
designated by the Board of County Conunissioners. In making this delegation, the County
Manager may design·re specific staff members to carry out various ~sks, but overall supervision
and responsibility shall rest with the County Manager. The County manager i~ expre~ly
authorized to enforce and issue permits under this division.
SEC. 3.6.8 ~.
If any person fails or refuses to obey or comply with or violates any of the provisions of this
division, such person upon conviction of such offense, shall be guilty of · misdemes, nor .and shall
be punished by a fine nol to exceed Five Hundred Dollars ($$00.00) or by imprisonment not to
exceed sixty (60) days in the county jail, m' both, in the discretion of the court. Each violation or
non-compliance shall be considered a separsm and distinct offense. Further, each day of~continued
violation or non-complitnce shall be conddemd as a separate offense. Nothing herein~contained
shall prevent or restrict the County from taking such other lawful action in any court of competent
jurisdiction as is necessary to pre, vent or r~medy any violation or non-compliance. Such other
lawful actions shall include, but shall not be limited to, equitable action for injunctive relief or an
action at law for. damages. Further, nothing in this division shall be construed to prohibit the
County from prosecuting any violation of this division by means of a Code Enforcement Board
e~tablished pursuant to the authority of Chapter 162, Florida Statutes. All remedies and penalties
provided for in this division shall be cumulative and independently ·vailable to the County and the
County shall be authorized to pursue any and all remedies set forth in this division to the full
extent allowed by law.
Collier Comity $-112 Ocgober JO. 1~)1
Land Development Code
DIV. 3.7 SOIL EROSION CONTROL.
SEC. 3.7.1 TITLE AND CITATION. This division shall be known and may be cit~l as the Collier County
Soil Erosion Control Regulations.'
SEC. 3.7.2 PUR~.
The purpose of this division is to establish guidelines and design criteria for couttoiling and
reducing soil erosion and sediment transport for construction and other non-agricultural land.
disturbing activities permitted Fursuant to the provisions of Divisions 3.2 and 3.3 of this Code.
SEC. 3.7.3 SOIL EROSION AND SEDIMENT CONTROL PLAN REOUIRED.
For new and existing development and construction approved pursuant to the provisions .of
Divisions 3.2 and 3.3, a Soil Erosion and Sediment Control Plan shall be prepared and ssbmitted
for approval with the re~luired construction documents for each proposed project as prescribed by _
Objectivo 5.4 and Policies $.4.1 through 5.4.4 of the Conservation and Coastal Ma. nagement
Element of the Collier County Growth Management Plan. Each Plan shall be p~pared in
accordance w~th the following standards:
3.7...3.1 The Florida Development Manual: A Guide to Sound Land and Water Management, Department
of Environmental Regulation, State of Florida, June 1988 - Chapter 6: Storrrrveater and Erosion
and Sediment Control Best Management Practices for Developing Areas, Guidelines for Using
Erosion and Sediment Control Practices ES BMP i.01 - i.67, pp. 6-301 through 6-500.
3.7.3.2 Turbidity values surrounding discharge from projects shall not violate water quality criteria
contained in 17-302.$10(0 F.A.C.
3.7.3.3 Any irrigation system utilized to implement an erosion control plan shall be designed and installed
pursuant to: USDA SCS Field Office Technical Guide, Section IV, Codes 441,442, 449 and all
subsequent supplements thereto.
Collier County $-I15 October JO, 1991
Land Developrnem Code
D~tton $,8 Fto~rr~f~nl lint, net 5tmements rEIS1
DIV. 3.8 ENVIRONMENTAL IMPACT STATEMENTS (EI
SEC. 3.8.1 TITLE AND CITATION. This division shall be'known and may be cited as the "Collier County
Environmental Impact Statement Regulations.' ~
SEC. 3.8.2 PURPOSE.
3.8.2.1 ' Thc purpose of this division is to provide a method to objectively evaluate the impact of a
proposed development, site alteration, or project upon the resources and environmental 'quality of
· the projec~ area and the community and to insure that planning and zoning decisions are made with
a complete understanding of tbe impact of such decisions upon the environment. To encourage
projects and developments that will:
1. Protect, conserve and enhance, but not degrade, the environmental quality and resources
of the particular project or development site, the general area and the greater commun!ty.
2. Minimize the future reduction in ~ values likely to reault, or be caused by
improperly designed and executed prc~jects and developments. ~ '
3. Reduce the necessity for expenditur~ of public funds in the futura for rehabilitating the
environmental quality of areas of environmental sensitivity.
3.8.2.2 Further, it is the.purpoze of this division to attain the widest range of beneficial uses of the
environment without degradation of environmentsl advantages and, risk tO public health, safety,
welfare and other undesirable consequences.
3.8.2.3 It is also the purpose of this division to optimize a balance between population and resource use
to permit high standards of living and a wide sharing of resources and amenities among all citizens
and residents of and visitors to Collier County during the present and future generations.
SEC. 3.8.3 APPLICABILITY: ENVIRONMENTAL IMPACT STATEMENT fEIS~ REOUIRED.
Without first obtaining spproval of an ElS, or exemption pursuant to Sec. 3.8.9, as required by
this Code it shall be..unlawful and no building permit, conditiodal use, zoning change, subdivision
or condominium plat or unplatted subdivision approval or other County permit or approval of or
for development or site alteration shall be issued to cansz the development of or site alteralion of:
I. Any site with a ST or ACSC-ST overlay.
2. All sites seaward of the Coastal Management Boundary that are two and one half (2.5)
or I'BOre acre~ .
3. All sites landward of the Coastal Management Boundary that are ten (I 0) or more acres.
4. Any other development or site alteration which in the opinion of the Development
Services Director, would have substantial impact upon environmental quality and'which
is not specifically exempted in this code. In determining whether such a project would
have substantial environmental impact the Development Services Director shall bane his
decision on the terms and conditions described in thin Code and on th.~ project's
consistency with the Growth Management Plan.
Collier County $-114 October $O, 1991
I. zmd Development Code
SEC. 3.8.4 SUBMISSION AND REVIEW OF EIS.
A completed ElS, signed by the property owner of his designated agent, shall be submitted to
Development Services Director for approval,' denial or approval with modifications. No
development or site alteration will be started without tl~.'s approval and permits required by law.
Failure to provide full and 'complete information shall be grounds for denial of the application.
The author(s) of the ElS shall provide evidence, by academic credentials or experience, of his/her
expertise in the area of environmental sciences or natural resource management. Academic
credentials shall be a Bachelors or higher degree in one of the biological sciences. Experience
shall reflect at least three (3) years, two (2) years of which shall be in the State of Florida, of
ecological or biological professional experience if substituting for academic credentials.
SEC. 3.8.5 I~FORMATION REOUIRED FOR APPLICATION.
3.8.5.1 Aonlicant Information.
1. Re~xmsible owner(s)/agent(a) who wrote the ElS and his/her education and jo~ related
environmental experience.
2. Owner(s)/agent(s) name, address. ~
3. Affidavit of proof of authorized agent. I~
3.8.5.2 Develo,ment and Site Alteration Information.
I. Description of proposed use.
2. Legal d~scription of site.
3. Location and addr~s description.
3.8.5.3 Mapoinn and suooort t, rnohics.
I. General location map.
2. Native habitats and their boundaries shall be identified on an aerial photograph of tho site
extending at least two hundred (200) feet outside the parcel boundary. This doea not
mean the applicam is required to go on to adjacent properties. Habitat identification will
be consistent with the Florida Detnrtment of Transoortation - Florida Land U~ Cover
Md ]:orm~ Classification System and shall be depicted on an aerial photograph having
a scale ot;bne inch equal to at least 200 fe~t when available from the county, otherwise,
a scale of at least one inch equal to 400 feet is acceptable. Information obtained by'
ground-trothing surveys shall have precedence over information presented through
photographic evidence.
3. Topographic map showing upland, bathymetric contours and existing drainage patterns '
if applicable.
4.Existing land use of site and surrounding area.
5. Soils map at scale consistent with that used for Florida Department of Transportation - '
Florida Land Use Cover and Forms Classification System determinations.
6.Proposed drainage plan indicating basic flow patterns, outfall and off-site drainage.
7. Development plan including phasing program, service area of existing and proposed
public facilities, and existing and proposed tran.nportation network in the impact area.
049 .
Land Development Code
a. Changes in level of air pollutants ss defined by current regulations,
b. Number of people that wffi be affected by air pollution resulting from the
proj~.
¢.. Procedures that will be use to reduce adverse impacts of air pollution.
2. water qu~ity
a. Changes in levels and types of water pollution as defined by current regblations.
b. Inventory of water uses that am restricted or precluded because of. pollution
levels resulting from this project.
¢. Person affected by water pollution resulting from the project.
d. Project designs and actions which v, dli reduce adverse impacts of'water
pollution.
3. P'nysiogi'aphy and geology
a. A description of the' soil types found in tho pmjeot area.
b. Aerial extent of proposed topographic modification through excavation, dredging
and filling.
¢. Removal and/or distut'bance of natural barriers to storm waves and flooding.
d. Proposed modifications to natural drainage patterns.
e. Extent of impervious surface and percent of groundwater .recharge area to be
covered..
f. Annual drawdown of groundwater level resulting from use.
g. Increased siltation in natural water bodies resulting from the proposed use.
4. Wetlands
a. Def'me number of acres of Collier County jurisdictional wetlands (pursuant to
the Collier County Omwth Management Plan) by vegetation type (species),
vegetation composition (canopy, midstory and groundcover), vegetation'
abundance (don'fimmt, common and occas!onal), and their wetland functions.
b. Determine present seasonal high water levels and historical high water levels by ·
utilizing lichen lines or other biological indicators.
c. Indicate how tho project design improves/affects pre-development hydroperiuds.
d. Indicate proposed percent of defined wetlands to be impacted and the effects of
proposed impacts on functions of wetland areas.
o. Indicate how the project design minimizes impacts on wetlands.
049 ,455
Collier County J-II6 October .fO, 1991
Land Dev¢lopme~ Codt
Indi~te how the project d~ign sh~ll compensate for the w~tland impacts
purnmnt to the Collier County .Growth Management Plan.
5. Upland utilization .and *l~ecies of q3eci.l mtu~
a. Define number of acres of uplands by vegetative ty1~ (species), vegetation
comp~ition (canopy, mldstory, and groundcover), *vegetation abundance
(dominant, common and occasional) and their upland functions.
b. Indicate ~ percent of defined uplands to be impacted and th~ effects of
proposed impacts on functions of upland areas.
c. Indicate how the project design minimizes impacts on uplands.
d. Provide a plant and animal ~ies ~urvey to include at a minimum,, si~ecies of
~:~cial ata~u~ that am known to inhabit biological communities similar to those
existing on site and conducted in accordance with the guidelines of the Flo6ds
Gam~ and Fr~h Wate~ Fish Conuniszion.
e. Indicate how the project design minimizes impacts on species of special status.
6. Marine and estuarine resources
a. Provide current State of Florida Classification of the .Waters fFlorida
Administrative Code, Chapter 17-3).
b. Define number of acres of marine and estuarine resources by submerged grass
.beds, breeding ames and nursery areas and their marine and e~uarine functions.
c. Indicate proposed percent of defined marine and estuarine resources to be
impacted and the effects of proposed impacts on functions of ma6ne and
d. Estimate changes in the dockside landing of comnmrcial fish and shellfish.
e. Estimate changes in the sport fishing effort and catch.
f. Provide past history of any environmental impacts to the area including oil.
spills.
g. Indicate how the project design minimizes impacts on marine and estuarine
r~urces'.
h. Indicate how the project design shall replace the lost marine, and estuarine
fRnctions.
7. Noise
a. Describe the changes in decibels and duration of noise generated during and
after the project (both day and night) that will 'exceed Collier County
regulations,
b. Describe steps that wiil be taken to reduce noise levels during and after the
project.
c. Protect complianc~ with Federal Aid Highway Program Manual 7-7-3.
3.8.5.4.2 Public Facilities and Services
1. Wastewater manal~ement
Collier County $.117 October $0. 1991
t~nd Development Ctnte
a. Describe existing treatment facilities as to capacity, percent capacity being used,
type of treatment and degre~ of treatment.
b. If applicable, describe similar features of proposed new treatment facilities.
c. 'Describe the character and fate of both liquid and solid effluents.
2. Water supply
a. Estimate of average daily potable and non-potable water demands by the project.
b. Source of the raw water supply.
c. Analysis of on-sit~ treatment s~stems relative to State and County standards.
3. Solid wastes '.
a. Estimate of average daily volume of solid wastes.
b. Proposed method of disposal of solid wastes.
c. Any plans for recycling or reso~rc~ recovery.
4. Recreation and open ~
a. Acreage and facilities demand resulting from the new use.
b. Amount of public park/recreation land donated by the developer.
c. Management plans for any open water areas if one-half acre or more within the
project.
d. Plans for recreational development by the developer on dedicated lands.
e. Amount of public recreation lands removed from inventory by the new use.
f. Development and/or blockage of access to public beaches and waters.
5. Aesthetic and Cultural Factors
a. Provide documentation from tho Florida Master Site Fi[e, Florida Department
of State and any printed historic archacologic~il surveys that have been conducted
on the project area.
b. Locate any known historic or archaeological sites and their relationships to' the
proposed project design.
c. Demonstrate how the project design preserves the historic/archa~',ololiical.
integrity of the site.
d. Indicate any natu~'al scenic features that might be modified by the p.roj~ct design
and explain what actions shall be utilized to preserve a~thetic values.
Provide the basic architectural and landscaping designs.
6. Monitoring
a. Describe the design and procedures of any proposed monitoring during and after
site preparation and development.
Collier Co~r/ $-118 October JO. 1991
~nd De~olopmen. t Code
~C. ~.8.6 ~CI~CS TO ADDR~.
~.8.6.1.1 Indicate ~ the p~ pmj~ ~ in~~ ~e ~mml, ~th~ic ~d cultural ~u~
~d other envi~ ~id~ti~ in ~o pl~ing ~d d~i~ of the pn~ pmj~t.
3.8.6.~.2 List the envimn~l im~t(s) of the p~ ~i~ ~d
unavoi~ble ~d t~t ~e i~t(s) ~t ~e ~nimum im~ ~ible to the mvi~ul
q~lity of the site ~dlot the m~nding
3.8.6.1.3 Provide su~tiat~ al~mativ~ lo I~ p~ pmj~t ~ that ~s for the choice of a c~
of action are cl~r, not a~it~
3.8.6.1.4 List i~iate shod-tern ~d I~g4~ im~ to the revisit.
3.8.6.1.5 List ~y i~ible ~d i~6~able ~t~a of ~m~l ~u~ which would ~ involv~
in the pr~ ~i~ ~mld it ~ i~l~.
~C. 3.8.~ ADD~IONAL DATA.
~e Develop~nt ~i~ Di~t~ ~y ~uim ~y ~diti~l ~ or info~ti~ n~ in
order to ~e a ~o~gh ~d ex~ ~al~ti~ of ~e EIS.
~C. 3.8.8 ~LATION B~EN EIS A~ DE~~ OF ~GIONAL IMPA~ ~R~-.
In ~y i~s~ce where ~e pm~ pmjm
em~i~ in one ~d pmvid~ ~h ~d includ~ all the ~ui~ infection on ~ ~e EIS
~d D~.
~C. 3.8.9 E~M~IONS.
3.8.9.1 Single fa~ly or duplex ~ ~ a s~gle lot ~ ~1. Exemption s~ll not apply to ~y ~el ~th
..
a ST or ACSC-~ ~erlay.
3.8.9.2 ~y ar~ or panel of i~d ~ich is?t, in the ~ini~ of the D~elop~t
ar~ of envimn~l ~sitivity. Pfor m ~in~ tach a finding, the D~elop~t S~ic~
Dieter d~i~ shall in~t the si~ ~d ~ a ~d, which shall ~ fil~ in the public
r~ords, ~at dete~n~ h~ the pm~ pmjmt ~lat~ to ~h of the foll~ing cfte~a:
3.8.9.2.1 ~e subj~t pm~dy h~ al~y.~ alte~ through p~t ~ge, prior Io the adoption of this
~e, in ~ch a ~er ~t &e pm~ ~ ~11 not ~dh~ deg~de the environ~n~i q~lity
of the site or the ~unding a~ which ~ght ~ aff~t~ by the pro~ u~.
3.8.9.2.2 ~e ~jor flo~ ~d fau~ f~m~ have ~ alte~ or ~v~ to ~ch ~ ext~nt ~ to p~lude
their r~ble ~gene~tion or ~1 ~logi~l pu~. ~ example would ~ in the cz~ of
Collltr Co~ J-I I~ . ~o~r ~0, I~l.
~ Developmem C~le
~ ~fvfxfm $,8 ~nOr~nm~ntal Irat~aa .qtatcmenu
an industrial park or a commercial development wher~ most of the flora and fauna were removed
prior to the passage of this Code.
3.8.9.2.3 The surface and£or natural drainage or r~ehargu capacity of the project site has been paved or
channeled, or otherwise altered or improved prior to the adoption of this Code, and will not be
further degraded as a result of the proposed use or development.
3.8.9.2.4 The use and/or development of th~ subject property will definitely improve and correct ecological
deficienciea which resulted from use and/or development which took place prior to the pas~ge
of this Code. An example would be wheru the developer proposes to reforest the area, provide
additional open space, rtlalace natural drainag~ for channeled drainage, and/or reduce density.
3.8.9.2.$ The use or development will utiliz~ existing buildings and structures and will not require any
major slt~ration or modification of the existing land forms, drainage, or flora and fauna elements
of the property.
3.8.9.3 All lands lying within all incorporat~ municipalities in Collier County.
SEC. 3.8.10 FE~.
In order to implement, maintain and enforc~ this Code, the cost upon submission of tho
Environn~ntal Impact Statement shall be as established by r~olution. Until this fee has been paid
in full no action of any type shall be I~ken.
SEC. 3.8.11 APFEALS.
Any person aggrieved by the decision of the Development Services Director r~garding any section
of this Code may file a written r~lUeSt for appeal, not later than ten (10) days a~er said decision,
with the Environmental Advisory Board or their successor organization. The Environmental
Advisory Board will notify the aggrieved person and the Development Services Director of the
date, time and place that such appeal shall be heard; such nonfication will be given twenty-one
(21 ) days prior to the.hearing unless all parties waive this requirement. The appeal will be heard
by the Environmental Advisory Board within sixty (60) days of the submission of the appeal. Ten
(I0) days prior to the hearing the aggrieved person shall submit to the Environmental ^dvisory
Board and to the Development Services Director copies of the data and information he intend~ to
use in his appeal.
Upon conclusion of the heating the Environmental Advisory Board will submit to th~ Board of
County Commissioners their facts, findings and recommendstions. The Board of County
Conxmissioners, in regular session, will make the final decision to affirm, overrule or modify the
decision of the Development Services Director in light of the recommendations of the
Environmental Advisory Board.'
Collier County $-120 ¢)cmh~r $0. IVY1
DIV. 3.9 VEGETATION REMOVAL, PROTECTION AND
PRESERVATION. ·
SEC. 3.9.1 TITLE AND CITATION. This division shall be known re'Id may be cited as the "Collier County
Vegetation Removal, Protection and Preservation Regulations."
SEC. 3.9.2 FUR~.
The purpose of this division is th~ protection of vegetation within Collier County by regulating
its removal; to assist in the control of flooding, soil erosion, dust, heat, air pollutioti and noise
and to maintain property, aesthetic and health values within Collier County; to limit the use of
irrigation water in open space areas by promoting the preserYation of existing plant communities.
To limit the removal of existing viable vegetation in advance of the approval of land development
plans; to limit the removal of existing viable vegetation when no land.scape plan has been prepared
for the site. It is not the intent of this division to restrict the mowing of non-protected vegetatio~
in order to meet the requirements of other sections of this code. [
SEC. 3.9.3 APPLICABILITY: UNLAWFUL TO REMOVE VEGETATION. ,,
It shall be unlawful for any individual, firm, association, joint venture, permership, estate, trust,
syndicate, fiduciary, corporation, group, or unit of Federal, State, County, or Municipal
government to remove or cam to be removed, vegetation without first obtaining a vegetation
removal permit from the Development Services Director except as hereinafter exempted.
SEC. 3.9.4 APFLICATION REOUIREMENT$.
3.9.4.1 Other Permits Reouired. No vegetation removal permit shall be issued by the Development
Services Director until all applicable Federal and State, and County approvals as designated by
the Development Services Director have been obtained. These approvals may' include, but are not
limited to:
-building permits'.
- special treatment (ST) development permits
- U. S. Army Corps of Engineers permits or exemptions
- Florida Department of Environmental Regulation permits or exemptions
- Florida Department of Natural Resources permits or exemptions
- South Florida Water Management District permits or exemptions
- other applicable agency reviews or permits or exemptions
- other County approvals.
3.9.4.2 Aot~liention Content~. Application for a vegetation removal permit shall be submitted to the
Development Services Director in writing on a form provided by tho Development Services
Department.
The application shall include the following information:
Collier County $.121 October JO, 1991
Land Development Code
Dtvltton J. 9 " T'etcta#on Remm',~l, pro,cc#on and Preter~don
3.9.4.2.1 A generalized vegetation inventory which includes.
I. Generalized Vegetation Inventory: A generalized vegetation inventory shall show the
approxin~ate location and extent of vegetation upon the site. The inventory shall be ba~!
upon the most curr~t available 'information. For non-residential and multi-fa~ly
dcveloprnent, the inventory may be in the form of an aerial or a field survey, and may
be accompanied by photographs or videotapes iljustrating typical areas of vegetation
referenced to positions on the aerial or survey, but shall clearly indicate habitat types and
protected vegetation, and may be accompanied by photographs or videotapes iljustrating
typical areas of vegetation referenced to positions on the aerial or survey. The
generaliz, cd vegetation inventory shall be prepared in some manner which clearly
iljustrates the relationships.between the areas of vegetation and the proposed site
improvements,
2. C;~rslized written ~.,~sessrnent and evaluation: The generalized vegetation inventory shall
be accompanied by · brief written assessment of the plant communities which have been
identified on the site. The as~ss, merit shall include an evaluation of character and quality
of the plant communities identified, including their rarity, viability, and such other
physical characteristics and factors which may affect their preservation. The inventory
assessment and evaluation shall be prepared by a person knowledgeable in the
identification and evaluation of vegetative resources, such as · forester, biologist,
ecologist, horticulturist, landscape architect, or certified nurseryman.
3. ]~onable additional information: The Development 5ervicea Director may require that
the application include such additional information which is reasonable and necessary for
adequate administration of this Division.
':;.9.4.2.2 A site plan which includesi
1. Property dimensions.
2. Location of existing infrutmcture and alterations.
3. Location of proposed structures, .infrastructure and alterations.
4. The location and species of all protected vegetation. Large stands of · single species,
-. such as cypress heads, may be indicated as a group with an approximate number.or area.
5. Specific identification of all specimen trees.
6. Designation of all protected vegetation proposed for removal..
7. Location and details of pro~ective barricading of Ihe vegetation to be retained.
3.9.4.2.3 An executed statement which includes:
1. Name, address, 'and phone of property owner.
2. Name, address, and. phone of authorized agent and on-site' representative.
3. Proof of Ownership.
4. Legal description.
5. Reason for proposed removal.
6. Method to distinguish vegetation to be removed from vegetation to be pre~rved and
Collier County $.122 · Octoher $O. Jg~
Land Development Code
method of removal. It should bo noted ·hi the root system of the vegetation shall also
be protected.
7. Si fha·ute of property owner or copy of · specific contract sifned by property owner.
3.9.4.:2.4 Vegetation Relocation Phm.
If vegetation relocation is proposed by the applicant prior ~o SiM Development Plan, construction
plan or other Final approvals, a vegetation relocation permit (vegetation removal permi0 may be
issued by the Development Services Director provided that it can be demonstrated that early
transplantation will enhance the survival of the relocated vegetation. The vegetation relocation plan
shall document metliods of relocation, timing of relocation, watering provisions, maintenance and
other inforrmition as required by the'Developn~nt Se~icea Director.
SEC. 3.9.5 yEGETATION REMOVAL. PROTECTION AND FRESERVATION STANDARDS.
3.9,3.1 Ve~etatlon Pr~tectiorl.
3.9.5.1.1 G~eral. During construction, .all ra~sonablo steps neceassry to prev~t the destz'dction or
damaging of vegetation shall be taken, including the installation of protectivo barriers. Vegetation
destroyed or receiving major dam·re must bo replaced by vefetation of equal environmental value,
as specified by tho Development Services Department, before occupancy or use unless approval
for their removal has been granted under permit.
3.9.5.1.1l Fillinf and Construe·ion Debris. During construction, unless otherwise authorized by the
vcgotation removal permit, no excess soil, additional fill, equipment, liquids, or const'rvction
debris, shall be placed within the drip line of any refer··ion that is required to bo preserved in
its present location.
3.9.5.1.3 ~ttachrneflts. Unless otherwise authorized by tho rede·etlon removal permit, no attachments or
wire· other than those of · protective or non-daznsfing nature shall bo attached to any vegetation
during construction.
', 3.9.5.1.4 ~. Unless othezwise authorized by the vegetation removal permit, no soil is to be
removed from within the dripline of any vegetation that is to remain in its original location. '
3.9.5.1.5 Protective Barriers. .
I, ]Installation of urotecflve barriers. All protective barriers shall bo installed and ·
maintained for tho period of time befinoing with the commencement of any phase of land
clearing or building operations.and ending with tho completion of that phase of the
construction work on the site, unless otherwise approved to bo removed by tho
Development Services Director's field representative. All protective harriers shall be
. installed pursuant to tho Tree Protection Manual for Builders and Devclor, ers- Division
of Forestry, State of Florida or other methods approved by tho Development Services
Director.
Collier Coun~ $oi2:1 Oetober $O, 1991
~ Development.Code
;/
2. Auullcant's rem-esentati?e retmtred. Tho applicant for · vegetation removal permit
shall, at the timz of application, designatz representative(s):
a. Who shall be responsible for the installation and the maintenance of all tree'
b. Who shall be responsible for sul~fvising, the removal of all existing vegetation
3. pT~tectlon of afl areas of ve~etaffon. Areas to be preserved shall.bo protected during
land alteration and construction activities by placing a continuous barrier around the
perime~ of tbe area of veg~atl. 'on to bo preserved. This barrier shall bo highly visible
arm constructed of ~ stakes set a maximum of ten (10) feet apart, at a height range
of two (2) to four (4) feet, all covered continuously with brightly colored, ali weather
rnesh material or equ~l typz barrier method. An equivalent method may bo substituted
with the approval of the Development Services Director.
4. Protertion of individual tre~s. When tho reUmtion of single trees is required by this
Code, · protective barrier, similar to that required in 3.9.5.1.5.3, shall bo placed around
tho tr~e at · distance from tho trunk of six (6) feet or beyond the dripline, whichever is
greater, or a~ otherwis~ approved by the Development Services Director's field
representative.
3.9.5.2 Crit~'ia for Removal of Protected Veneration. Tine Developtnent Services Director may approve
an application for vegetation removal permit based on tho following criteria:
3.9.5.2.1 Protected vegetation is · safety hazard to pedestt~ca or vehicxllar traffic, public services, utilities,
or to an existing struct~ro,'and has been requested to be remuved by · public law enforcement
agency or utility.
3.9.5.2.2 Diseased or otherwise unhaalthy vegetation as d_~ermined by standard horticultural practices and
if required, · sit· inspection by tho Development Services Director's field representative.
.. 3.9.5.2.3 A final local development order las bom issued which requires removal of tho protected
vegetation.
3.9.5.2.4 Complianca with other codes and/o~ ordinances may involve protected ~.'egetation removal.
3.9.5.2.5 The approval for an application/·relying vegetation removal activity shall bo granted only if tho
Development Services Director finds that rest·able efforts have been under~en in the layout
and design of the proposed development Lo preserve existing vegetation and to otherwise enhance
tho ae. stheti¢ appearance of tho development by tho incorporation of existing vegetation in tho
design process. Relocation or r~lacement of vegetation may be required as · condition to tho
isst~nc~ of an approval in accordance with the critet~· set forth in this division.
3.9.5.3 Manatement Plan Reouired.
For all individual areas of preserved plant communities larger than one half (I/2) acre in ama, the
Co~cr Cmm:y J-124 October JO. 1991
[.er~ Develop,em Code
owner sh&ll suhmit, for the approval of the Development Services Director, · nz~tivo
~age~t pl~ indicting t~ ~n~ in ~ich t~ ~gr will p~o tho n.tivo pl~t
3.9.5~.1 ~eth~ or ~t tho exi~ing v~g~ti~ is ~ ~ ~ in lbo existing ~i~ ~m~ition.
3.9.5.3.2 If appli~ble, ~o ~ in which tho ~m~iti~ of existing pl~t ~t~al is tO ~ p~
~d ~al of in,ire ~i~, ~~ ~ming, ~c.).
3.9.5.3.3 ~e ~in~ ~h~ule f~ ~ ~ of ~ive ~i~.
3.9.5.3.4 ~e ~in~ ~h~ule for ~6 re--al of debris.
3.9.5.3.5 Other info~ti~ ~at ~y ~ ~i~ by ~ ~el~t ~ic~ Di~tor t~t is ~nable
~d n~ to d~e~ne if ~ ~age~t pl~ ~ the ~ui~men~ of &is C~e,
3.9.5.4 On-Site Im~ion. ~e D~el~t ~i~ Di~tor's field ~n~tive ~y condor
on-site i~ti~ to d~ne if the p~ veg~ti~ ~al ~ the cdt~a in
3.9.5.5 ~ation S~ndar~.
3.9.5.5.1 All developer not ~ifi~lly exe~ by ~s o~i~ shall in~n~ at a ~imum the
pr~ati~ ~ ~n~ ~&in ~is ~i~.
3.9.5.5.2 All n~ d~elop~, ~II ~in exi~ing native vege~tion to ~e ~ximum exist ~ible.
Exist~g viable native vege~ti~ s~ll ~ ~ uH~ n~ g~e c~g~, ~uir~
inf~tmcm~, ~o~t~ ~age~t ~em d~i~ or appmv~ co~tmction f~tp~n~
n~i~te i~ re~val. ~e n~ m ~e exi~ing native t~ shall ~ de~t~t~ by the
applic~t as pa~ of the vcge~tion ~al ~i~ p~. ~en ~ui~ to ~ ~v~, existing
that t~l~t~g is-not f~ible ~ a~a~. R~in~ a~ of veg~ti~ shall ~
in their mti~ty with all t~, und~, ~d g~nd c~ left in~t ~d undism~, exert
for prohibit~ exotic ~i~ ~al, ~~nt with native pl~t ~te~al ~d pruning ~d
~intcn~. "
3.9.5.5.3 All new ~idential or ~x~ ~ d~elop~ g~t~ th~ ~o ~d one half (2.5) ~ in the
Co~l M~age~t A~ u defin~ in ~e 1989 Miti~ of the Fum~ ~d U~ Ele~nt of the
County G~h M~age~t PI~ ~d ~t~ t~ ~ty (20) ac~ in the ~1 U~
D~i~at~ A~ ~ defin~ in ~e Gm~l PI~ R~ui~m ~i~ (6.4.6) of the Adoption
Notc~k of the 1989 Miti~ of ~e Fumm ~d U~ Ele~t of the C~nty G~h M~agemcnt
PI~ shall ~in ~mty-fivo ~t (~%)of the viable nam~lly ~nctioning native vege~tion ·
on site including ~th the unde~ ~d the g~nd ~er emp~i~ng the larg~ conti~ous a~
~ssible. ~en ~venl diffe~t native pl~t ~uniti~ exist on site. the dcvclop~nt pl~s will
r~nably attempt to p~e exampl~ of all of them, if ~ible. Ar~ of I~aping ~d o~n
space which a~ pl~t~ with native ~i~ shall ~ includ~ in the ~ty-five ~t
r~uircmcnt considcdng ~nopy undc~to~ ~d gmundcovcr, providing that in ~ch arvn of
Collier Coun~ J-12~ (~to~r JO. I~1
~ De~lopment
credit, groundcover, constitutes no moro tiaa twenty percent (20%) of tho landscaped area. Whom
a project has included open space, recr~tlonal amenities or preserved wetlands that m~t or ~
exceed the minimum open spac~ crit~ia of C~ollicr County, this policy shall not be construed to
recluiro a larger percentago of open spac~ set asido to me~t tho twenty-five percent (25 %) native
vegetation policy. Ttxls policy dudl not be interpreted t~ allow development in wetlands, should
the wetlands alono constitute more than twenty-tiro (25%) oftha site. Exceptions shall be granted.
for parcels that cannot reason~ly accommodate both tho native vegetation and tho proposed
nctivity.
3.9.5.$.4 All other types of n~v development not referenced in Sec. 3.9.5.5.3 abovo shall be required to
preserve an appropriam portion of tho nativo vegetation on tho site as determined through tho
County development review process. Preservation of diffe~nt contigno~s habitats is to be
encouraged. When sevend nativo plant communities exist on site tho development plans will
reasonably attempt to pr~ervo examples of ali of them, if possihlo, llowever, this policy shall not
bo interpreted to allow development in ~ve~lands, should w~tlands alon~ constitute mom ~ tho
portion of tho site required to be pre,,fred. Exceptions shall be granted for parcels which can not
re~.sonably accommodate both tho 'pre~-rvation area and tho proposed activity.
3.9.5.5.5 Agriculmro shall be exempt from tho abovo preservation requirements provided that any new
clearing of land for agriculture shall not be converted to non-agricultural development for at least
ten (10) yes. rs and meets tho requirements of See. 2.6.24. For any such conversions in less than
ten (10) yetrs, tho converted land will be restored with native vegetation to tho de~e required
by this Code at tho tin~ tho clearing occurred.
SEC. 3.9.6 REVIEW PROCEDURES.
3.9.6.1 ls~mnce of i~rmlt. Based on tho information c~mtained in tho application and obtained from tho
on-site inspection, tho Development Services Di~ctor may approvo or deny an application. An
approved vegetation removal permit is valid for a period not to'exceed ono hundred oighty (150)
days. An extension requested prior to expiration of the original permit may be granted for good
cause shown upon written application to tho D~-velopment Ser~ces Director. Tho Development
Servi~.s Director may attach conditions to the permit relativo to tho mcthoda of designa!ing .and
protecting vegetation not proposed for removal. A violation of these conditions shall cause to void
t~e vegetation removal permit.
3.9.6.2 Denial of Permit. In tho event, an application is denied by tho Development Services Director,
· the reason(s) shall be noted on tho application and returned promptly.
3.9.6.3 Permit Fee~. All vegetation removal and i~gricultural ¢lesring pern~t applications requiring review
and approval shall be charged a review fee unless specifically exempted by tho Development
Service~ Director pursmmt to this Codo. The Board of County Commissioners shall e~tablish and
adopt, by Resolution, a schedule of fees for vegetation r~moval, r~view and approval permits. The
schedule of fees and tho Resolution establishing such fees shall be on file with the Clerk to the
Board. The schedule of fees may be changed by resolution of the Board of County
Commissioners.
CoUJer Counv/ J-126 , (X-tobtr JO. 1991
~ Devetopment Code
Dfrldo~ $.9 .... Yct~g#~m R~nove£ Pr~¢cffon ,md P~¢~d~
3.9.6.4.1 A vegetation rcmowl tee ia not r~q~ir~ to we ~ foll~g ~hibi~ ~otic veg~i~ from
d~el~ ~, ~ ~m ~el~ ~ a~ a ve~ti~ ~ ~t ~
i~:
1) A~t~ p~ f~ ~.)
2) Mel~ ~elal~ ~.)
3) B~ ~ (~hi~ ~nthifoli~)
4) ~l~f A~ia (A~a ~lif~s) .
6) Java plum ~ ~
8) Wo~'a T~ ~ leb~k)
3,9.6.4.2 Ex,pt for lo~ ~ und~el~ ~ ~ isl~, a vese~ti~ w~al ~t for
~i~ t~ ~ a ~! ofl~ ~ ~id~tial, ~ingl~fa~ly (RS~, Village R~id~tial ~),
1) A ~ild~g ~t ~ ~ i~ f~ ~e ~t~ p~i~l ~m (~
~t ~ u ~e c!~8 ~t), ~
3.~.6.4.3 A veg~i~ ~ ~t is n~ ~i~ f~ ~z w~ of ve~ti~ o~ ~ a ~i~
t~ f~m p~ ~n~ A~l~m (A) ~ ~o foll~g ~diti~ ~ve ~ ~t:
1) ~z p~ ~ ~ ~ ~ f~ a ~ fido a~l~ ~ ~ ~ by ~s ~o
a~li~tioa for ~ a~l~ clog ~t ~ ~ fil~ ~ ~d ap~ by
Derelict ~i~ Di~ ~ ~ ~ ~al of~y ~ ve~ti~ ~t
3.~.6.4.4 A vcge~don ~val ~t is not ~ui~ for ~z ~al of pm~ reseCtiOn o~ ~ a
~i~ t~, ~ a ~ plm ~d veg~fi~ ~i~ pl~ ~ve ~ ~ ~d
by ~z ~el~t ~i~ Di~ ~ ~ of ~ r~ ~~t ~.
3.9.6.4.5 A ve~e~ti~ ~val ~t is not ~i~ for ~z ~al of p~t~t~ vcge~ti~ oth~ ~.a
~i~n t~ f~m ~z p~ of a ~o~ li~ t~ fa~nu~, ~ ~ch vzge~ti~
is ~nd~ for ~le ~ ~z o~ ~ of ~z li~'s ~ ~d ~ pl~ for the
d~ pu~.
3.9.6.4.6 A ve~e~tion ~val ~t is not ~ui~ for ~e ~al' of pmt~t~ ve~e~tion other th~ a
~i~ t~ by a Fio~ ~ ~d Su~eyor in ~z ~o~ of hisser duti~, pmvid~
such ~val is for individ~l t~ ~thin a ~h I~ ~ th~ (3) f~t in ~dth.
~tr ~ J-127 ~r JO, !~!
~ D~pme~ C~e
3.9.6.5 Am4culturaJ Land Clem[rm. A permit for clearing of agriculturally zo~xl land for bona fide
agricultural nee may be g~anted by the Development Services Director if the following applicable
1) If an ST os' ACSC-ST ovm-lay is attached to'the zoning of the property, and an ST
development permit hu been issued by the Development Services Directoy,.
2) The applicaticm, including generalized vegetation inventory and clearing pi`an as outlined
in Sections 3.9.4.2.1, 3.9.4.2.2 &nd 3.9.4.2.3, and site visit (if required) confirm that
tl~ proposed use is consistent with'the requirement of tho zoning district u sf bona fide.
agricultural use and the applicant Eu been informed of the rezoning restriction which
granting the permit shall place on bis property.
3) The applicant has obtained and produced for inspection a South Florida Water
Management Di~d~ consumptive water use permit or exemption.
4) The applicant has obtained and proch__,c~__ for inspection a South Florida water
Management District surface water management permit or exemption.
$) The ~ OWt~l', Of lUthOfiz, ed lgent~ hal filed an executed lgrecn~1~t'with the
Development Servjcea Director, stating that within two (2) years from the date oq ~hlch
the notice of commencement (Agricuftufl] Clearing Permit) is approved by the
Development S~'vicea Director, the owner/agent will put the property .into · bona fide
agricultural use and pursue such activity in · manner conducive to the successful
harvesting of its expected crops or p~. The or, ruer/agent may elect to allow the
subject property to lie fallow after completing the bona fide agricultund use, for the
remainder of the ten (I0) year period required by Sec. 3.9.6.5(6).
6) T~e 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
Cotmty Board of County Comm~sslonera will not rezone the property described in the
notice of commencement (Agricultural Clearing Permit) for a period of ten (10) years
from the dat~ of af~roval of the notice of commencement (Agricultural Clearing Permit)
by the Development Services Director.
· 3.9.6.6 Reouirement for R~noval of Prohibited Exotic Vegetation.
· 3.9.6.6.1 Prohibited exotic vegetation removal and methods of removal shall be conducted in accordance
with the R~cific provisions regarding prohibited exotic vegetation removal in each focal
development order.
3.9.6.6.2 Protection of native vegetation, according to the applicable provisions of this Division shall be
required during prohibited exotic vegetation removal.
3.9.(~.6'.3 Prohibited exotic vegetation shall be removed:
(~/flrr Co~ry $-!2~ October
1) from all right-of-ways, ~ommon a~a tracts not'proposed for development and easements
prior to preliminary aceepm~ of the phas~ of the required subdivision improvements;
2) from wi~in the associs!_~_ phas~ of tim f~mal Site Development Plan prior to the issuance
of · Certificate of .Occupancy.
3.9.6.6.4 Verification of prohibited exotic vegetation removal shall be performed by the,Development
S~rvices Dh~ctor'a field rR~sentative.
3.9.6.6.5 A maint~e plan shall be submitted to the Development Services Director for review on sites
which require prohibited exotic vegetUiou removal prior to the issuance of the loc·l development
order. This maintenance plan shall describe specific techniques to prevent reinvasion by prohibited
exotic vegetation of the site in perl~-tuity. This maintenance plan shall be implemented on a yearly
basis at a minimum. Issuance of the local development order shall be contingent upon approvel
of the maintemmco plan. Non-compliance with this plan shall constitute violation of this Dh, ision.
The Development Service~ Director's field representative shall inspect sites periodically after
issuance of the certificate of occupancy, or other final acceptance, for compliance with this
Division. "
3.~.&6.~ In ~ldition to the other r~iui~ts of ~hb Di~blon, the al~li~nt ~hall be ~l~irod remo~
vegetation before · ~-.rtificate of Oc~
required to b~ eontinmdly re~ for
The di~:~d of the prohib|ted ~xofi¢ ~e&,,tation
3.9.6.7 Desi~_natlon of Specimen Tree.
By re~olution of the Collier' County Board of County Commissioners, · plant may be deaignated
a 'Specimen Tree" becau~ of its historical significance, rarity in Collier County, age or
extraordimu'y size. ~. lcmblic hearing shall be held with notice ~rovided to the property owner by
certified mail. The designation shall be recorded in the o~cial records of the Clerk of the Circuit
Court. All recording fees am the responsibility of the Collier County Board of County
Commissioners.
3.9.6.8 Penalty.
1) The failur~ of a property owner or any other person to obtain an approved agricultural
clearing permit as required in See. 3.9.6.4.3 shall constitute a misdemeanor and each
· . acm of land from which protected vegetation is removed shall ~mstitute · separate and
distinct offens~ and upon conviction shall be punished by a fine not to exceed $500.00
or by imprisonment in the County jail not to exceed sixty (60) days, or by both such fine
a~d imprisonment. In imposing sentencing the Court may, in mitigation, consider the
Collltr Comt2t $-12~
~ De~topme~ Code
succe~ful replacement of vegetation illegally removed and tho degree of restoration of
the water retention and drMnago charact~istics of the land to its original stem.
2) The failure of a property owner or any other person to put tho subject premi~ into a
bona fido agricultural uso as required in .~z:; 3.9..6.5(5) shall constitute a misdemeanor
for each acm of land for which tho agricultural clearing permit was approved by the
Development Service~ Director and each acre of land shall constitute a separate and
distinct offense and upon conviction, shall be punished by · fine not to exceed
$500.00/acre or by imprisonment in th~ County jail not to exceed sixty (60) days, or by
both such fino and imprisonment. In imposing ~entencing the Coua may, in mitigation,
consider the succe~ful replacement of vegetation illegally removed and the degree of
tea*oration of the water retention and drainage characteristics of the land to its original
stero.
3) Any person violating any p?isions of this Code or tho conditions of · permit issued
hereunder, and not ~pecificslly covered in subsection (1} and subsection (2) of this
$ection, shall c0nstitut~ · mi~lemeanor and each protected living, woody plant,
constituting protectivo vegetation, removed ia violation of this Coda shall con~titut~ ·
~arate and distinct offen~ and upon conviction shall be punished by · fino not to
exceed $500.00/acre or by imprisonment in tho Couatyjail not to exc__,__~_l_ sixty (60) days,
or by both such fine and imprisonment. In imposing sentencing tho Court may, in
mitigation, consider the succexsful replacement of vegetative communitie~ illegally
removed and tho degree of restoration of the water retention and drainage characteristics
of tho land to its original state. Each protected living, woody plant removed sKall be a
separate offense. In addition to of in lieu of the penaltie~ provided by general law for
violation of Ordiaances, tho Board of County Commissioners may bring injunctive action
to enjoin tho removal of vegetation in violation of this Coda.
SEC. 3.9.7 APPEAL FROM ENFORCEMENT.
Any person who feeli aggrieved by the application of this division, may file, within thirty (30)
· . days after ~aid grievance, · petition with tho Devolopment Services Director, to have tho cs~
reviewed by tho Collier County .Bgard of County Commiuioners.
Collier County S-I JO October $0, 1991
Development Codt
DIV. 3.10 SEA TURTLE PROTECTION.
SEC. 3.10.1 TIITLE AND CITATION. This division shall be known and may be cited as the "Collier County
Se~ Turtle Protection Regulations.'
SEC. 3.10.2 FUR~. The purpose of this division is to protect th~ threatened and endangered sea turtles
that nea4 along the beaches of Collier County, Florida, by safeguarding se~ turtle hatchlings from
sources of artificial light and adult and hatchling sea turtles from injury or harassment.
SEC. 3.10.3 ~W DEVELOPMENT. For new development, construction and building and electrical plans
for construction of single family 6t multi-family dwellings, commercial or other structures
including electrical plans associated with parking lots, dune walkovers or other outdoor lighting
for real property if lighling associated with such construction or development, within 300 feet of
the line of mean high water, shall be in compliance with the following:
3.10.3. I Floodlights shall be prohibited. Wall mounted light fixtures shall be fitted with hoods so that light
shall nol illuminate the beach.
3.10.3.2 Pole lighting shall be shielded in such a way that no light illuminates the beach. Outdoor lighting
within 300 feet of the nesting zone shall be held to the minimum necessary for security,
convenience and safety.
3.10.3.3 Low profile luminarie~ shall be used in parking lots and such lighting shall be positioned so that
no light illuminates the beach.
· 3.10.3.4 Dune crosswalks shall utilize Iow profile shielded luminaries.'
3.10.3.5 Lights on balconies shall be fitted with hoods so that lights will not illuminate the beach.
· 3.10.3.6 Plates of tinted or filmed glass am reCOmmended in windows facing the ocean above the first floor
of multi-story structures.
3.10.3.7 Temporary security lights at construction sites shall not be mounted mom than fifteen (15) feet
above the ground. Illumination from the lights shall not illuminate the beach.
SEC. 3.10,4 EXEMPTIONS. The provisions ~f Sec. 3.10.3 shall not apply to any structure for which a
building permit has been issued by the Collier County Building Dq~artm~nt prior to the effective .
date of this division. However, all other provisions of this division shall be applicable to such
structures. Coastal areas that do not have a beach landward of the line of m~.n high water shall
be exempt from the provisions of S~c. 2.10.3.
SEC. 3.10.5 I~X[~I'[NG DEVELOPMENT. For existing development, within four (4) months of the effective
dat~ of this division, lighting from ex/sting structures which can b~ seen from the beach shall b~
in compliance with the following:
t7o
t.'~l#,r Co~nO, $-I$1 ¢~'tot~r $0,
land De~elopmem Code
3.10.~.1 Ligh= illu~ting ~ildinp ~ ~iat~ g~ for d~mtive or ~ti~al ~ shall
~ shield~ or g~ ~h t~t they am n~ visible from th= ~h, or s~il ~ mm~ off
9:30 P.M. ~ May I~ ~d ~o~ ~!~. of~h y~r.
3.10.~.2 Ligh= illu~nating dun= c~l~ of ~y a~ ~ of the dune line shall ~ mm~
9:30 P.M. ~ May Ist ~d ~to~ 31~, of~h y~r. or; m~t ~ ~ifi~ to ¢onfo~ to
the r~u~m~n~ for n~ d~elop~nt.
3.10.~.3 ~ufity =d =~rg~c~ exit lighting ~11 ~ ~ th~ghout the night ~ long = I~
lu~fi~ ~ ~ =d ~=ld~ in ~h a ~y ~t ~ ligh~ do not illu~na~ the.~ch.
3.10.~.4 Wind~ t~t~m in ~d~ f~ing ~e ~ a~e the fi~t fl~r of multi~to~ m~cm~
r~o~d~ ~ that in.or ligh~ ~ ~ illu~to the ~h.
~C. 3.10.6 ~LICLY O~D LIG~G. St~ ligh~ md lighting at ~rks ~d other ~blicly
~ch acc~ a~ s~ll ~ mbj~t to the foiling:
3.10.6. I St~t ligh~ shall ~ I~ M ~t t~ ~lk of th~r illu~tion will travel t~y from the ~h.
~ ligh~ shll ~ ~ui~ ~th sh~ or shicl~ ~t will p~mt b~klighting ~d ~d~
them not'visible from ~e ~h.
3.10.6.2 Lights at ~s or oth~ public ~ch ~ ~in~ s~ll ~ ~eld~ or s~ or s~l ~ot
utili~ abet 9:30 P.M. ~ May !~ ~ ~ 3 !~, of ~h y~r.
~C. 3.10.7 ~A~ TO~L. MOL~. OR ~ ~A ~~. It s~ll ~ unla~l for ~y
~n, m ~11, ~1~, or ~ di~ or ~di~ ~ju~ to ~y ~i~ of ~ mnle in Colli~
County or ~thin i~jufi~icti~ ~. It ~1 ~ ~!~! to coll~ or ~ ~y ~ of~
inju~ or d~ ~ runic.
SEC. 3.10.8 CON~RU~ION DUR~G ~ING SEASON. It s~ll ~ unlaw~l m construct ~y
structure, ~d ~y fill, ~h~i~lly cl~ ~y ~h, or g~e ~y din within !~ f~t of the
nesting rune of a ~h where ~ ~1~ n~t or ~y n~, du~ng the n~ting ~n without
ob~inin~ a Construction in S~ Tulle N~ing A~ Pe~it from the D~elop~t Se~i~
Dir~tor. If ~ m~le n~ting ~ with~ !~ ya~ of the construction ~mr~ ~mllel to the
shorelin~ during ~tt~ ~nstmction ~tiviti~, the n~t a~ will ~ flagg~ by the
~d the Develop~nt Se~i~ Di~tor info~ within 8 h~un. D~nding on n~t I~ation in
~lation to ~tensive construction ~tiviti~, the ~elop~t Se~ic~ Di~tor ~y r~ui~ ~at.
the nestfs) ~ ~l~t~ by the applier pu~t to S~. 3.10.9.2 ~d S~. 3.10.9.3.
SEC. ~.10.9 ~RMITS A~ ~.
3.10.9.1 Co~t~tlon ig ~ T~le N~ti~ A~ P~iL During the n~ting ~n, the f~ for
~nstmction ~t within I~ f~t of the n~g ~e of a ~h where ~ mnl~ n~t or ~y.
n~t shall ~ $50.~. ~e D~elop~t ~i~ Di~tor s~ll info~ the applic~t a~ut
tulle crawls ~d n~ting. It shall ~ ~e ~ibility of the applier to en~m that all ~ns
working on the ~t~ construction am si~lady info~. All other r~ui~ s~le and f~eml
~i~ shall ~ ob~in~ prior to a Construction in ~ Turtle N~ting A~ Pe~it ~ing i~.
Collier Coun~ ~-1~2 t~m~r
~ De~elopmvnt
3.10.9.2 Tulle Handllr~ Permit. It ~hali be u~lawful to ~l~e or ~ a ~ malo ~th~l tint
o~inin~ a ~t from ~e ~el~t ~ Di~. ~o ~elop~t S~i~ Di~tor
s~ll i~o ~id ~t ~y m ~ ~ hav~ ob~in~ a FIo~ Ma~ne Tunis ~t f~m
the S~to of Fl~ ~~t of Name! R~u~ p~or to i~ce of tho Collier ~unty
3.10.9.3 N~t Relation. If the. D~el~t ~i~ Di~tor fin~ that it is n~ for a n~t
rel~ away from a ~ti~ a~, thru ~y thz Doel~nt ~ic~ Di~tor or
individ~l ~ing a Tunis H~dl~g Pe~t ~hall ~vz ~o n~. If the Developer S~i~
Di~tor, or ~s~er d~i~m who ~ a H~ Ma~e Tulle ~t, ~v~ a ~ mnle n~t.
the cost ~all ~ $1~.~ to ~e I~d~. A n~ that is ~ th~ 12 hou~ old shall not
rel~t~ under ~y ci~u~.
~C. 3.10.10 ~NALT~ FOR ~OLATION: ~ORT TO ~R RE~D~. Violati~ of th~
provi~io~ of ~ diviai~ ~ failure m ~ly ~ ~y of i~ ~uim~ ~hali c~imte a
mi~e~or. ~y ~ or fi~ ~ ~ola~ this divisi~ or faila to comply ~th ~y of
~h Oy tach violati~ ~ ~ll ~ ~d~ a ~ offs. ~h ~ mnlz kill~
injur~, °r ~l~ ~11 ~imm a ~m~ violati~. ~y o~r ~ who
pa~icipat~ ~, ~i~ in, or ~ ~h violati~ ~y ~h ~ found ~il~ of a ~a~
offen~ ~d ~ffer ~e ~lti~ h~ p~id~. ~z ~ty, in addition ~ the c~l ~tions
~n~in~ h~in, ~y ~z ~y ~ a~atz legal a~i~, including ~t not li~t~ to
~j~ctivz ~ti~, m ~f~ ~z ~isi~ of ~s divisi~.
Col#tr County $-155 October JO, J991
Development Code
DIV. 3.11 ENDANGERED: .THREATENF. D OR LISTED SPECIES
PROTECTION.
SEC. 3. I 1.1 TITLE AND CITATION. This division shall be known and may be cited as the 'Collier County
Endangered, Threstened, or Li~ed Species Protection Regulations."
SEC. 3.11.2 pIjR~SE. The purpom of this division is to protect the q:~cies listed by the Florida Game and
Freshwater Fish Commission (FGFWFC), United States Fish & Wildlife Service (USFWS) and
Convention on lnternstionsl trade in Endangered Species of Wild Fauna and Flora (CITES) as
endangered, threatened or of q~clal concern or ~tatu~ in Collier County, Florida by including
measur~ for protection andlor relocation of endangered, threatened, or species of special concern
or sta~Bs,
SEC. 3. I 1.~ NEW AND ET(ISTIN(~ DEVELOPMENT. For new and existing developr~nt and construction
pursuant to Division 3.2 and 3.3 and lbe building code of Collier County, until permanen!
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 Policy .7.3.3 of tho Conservation and Coastal Management Element of
the Collier County Growth Management Plan:
3.11.3.1 Plans shall be submitted for review and subject to approval by the Project Review Services
Department of the Development Services Division, for the management of habitat and wildlife,
including measures for protection and/or relocation of species of special sams. Such plans shall
comply with current federal, State and local policies.
3.11.3.2 Federal habitat management guidelines for the Bald Eagle CHaliaectus leucoce~halus) and the
Woodstork (M¥ctcria americana} in the Southeast Region, published and issued by the USFWS,
shall be adopted as guidelines for minimum standards to maintain or improve the environmental
conditions that are required for the survival and well-being of Bald Eagles and Woodstorks.
· 3.11.3.3 Until the adoption of federal guidelines for the Red-cockaded Woodpecker fPicoides boresli$} and
Florida panther (Fells con¢olor corvi), the developer shall be responsible for the development of
a protection plan for conservation and management of these species.
3. I 1.3.4 All such protection plans shall be subject to review and approval by the Project Review Services
Department of the Development Services Division. 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.
Collier County $-154 October JO, 1991
Land Development Code
'- ~ ~vffl~n $. 12 Co~tnnl 7~ne Manaeern~
DIV. 3.12 COASTAL ZONE MANAGEMENT.
SEC. 3.12.1 TITLE AND CITATION. This division shall be known smd may'be cited as the 'Collier County
Coastal Management Zone Regulati0ns.' '.
SEC. 3.12.2 PUR~. The purpo~ of this division is to manage smd conserve the habitats and species in
the Collier County ~ zone as defined in tho Collier County Gr°Wlh Management Plan
through the identification, protection, conservation, and appropriate use of native .vegetative
communities smd wildlife habitats.
SEC. 3.12.3 NEW AND EXISTING DEVELOPMENT. N~v and existing development in the coastal zone
shall be in compliance with the goals, objectives, and policies of the eonservetion smd Coastal
Management Element of the Collier County Growth Management Plan until the formal sdoption
by Collier County of the Coastal Zone Management Plan 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 tho Conservation smd Coastal Management
Element of the Collier County Growth Management Plan.
04'0 7474
Collier Count~ $-I$$ Ocmi~r 30. 19~1
Land Development Code
DIV. 3.13 COASTAL CONSTRUCTION SETBACK LINE VARIANCE.
SEC. 3.13.1 TrrLE AND CITATION. This division ~hall be known and may. b~cited as the °Collier County
Coastal Construction ,%aback Line Varianc~ Regulations."
SEC. 3.13.2 ESTABLISHMENT OF SETBACK LINES. The Coastal Construction setback Line shall be that
Coastal Construction Setback Line established by the Department of Natural Resourc.~s of the State
of Florida pursuant to section 161.053 of the Florida Statutes and recorded in Coastal Setback
Line Book 1, pages I through 12 inclusive, recorded October 31, 1974, as Clerk's Instrument No.
365665 of the Public Records of Collier County, Florida.
SEC. 3.13.3 REVIEW AND {~I~[ANGE OF SETBACK LINES. Setback lines established under this Code
shall b~ reviewed upon petition of affected riparian upland owners. The Board of County
Commissioners of Collier County shall decide, after due public notice and heating, whether a
change in the setback line is justified, and shall notify the petitioner in writing. The present
setback lines are presumed to be correct, and no change in setback lines are presume~d to be
correct, and no change in setback lines shall be made except upon an affirmative showing by
petitioner that any construction line established hereunder is a minimum of one hundred fifty fee~
(150') landward of the mean high water line or seventy five feet (75') landward of the ~egetation
line whichever is greater: and that considering ground elevations in relation to historical storm and
hurricane tides, predicted maximum wave uprush, beach and offshore ground contours, the
vegetation line, erosion trends, the dune or bluff line, if any exist, and existing upland
development, that the general public health and welfare are preserved, upland properties protected,
~d beach tnd sand dune erosion coutmlled.
SEC. 3.13.4 FEOHIBFFED ACTIVITIES SEAWARD OF SETBACK LINF~. It shall be unlawful for any
person, firm, corporation, or agency, public or private, to construct, reconstruct, or change
existing structures, m~ke any excavation, remove any beach material or othe~vise alter existing
ground elevations, drive any vehicle on, over or across any sand dune, or damage or cause to b~
damaged any sand dune, or the vegetation growing thereon and/or seaward of said dune, seaward
of the coastal construction setback line, except as hereinafter provided.
SEC. 3.13.5 ~.
3.13,5.1 If in the immediate'contiguous or adjacent area a 'number of existing structure" have established
a reasonably continuous and uniform construction line closer to the line of mcan high water than '
the line as herein established, and if said existing structures have not been unduly affected by
erosion, a proposed structure may be permitted along such line if such proposed structure is also
approved by the Board of County Commissioners.
3.13.5.2 Thc Board of County Commissioners may authori~ the construction of pipelines or piers
extending outward from the shoreline, unless it determines that the construction of such projects
would cause erosion of the beach in the area of such structures.
3.'13.5~3 Certain activities that may temporarily alter ground elevations such as artificial I'~ach nourishment
projects, excavation or maintenance dredging of inlet channels may be f~rmitted .,~award of the
coastal construction setback line if said activity is in compliance with the Collier Coonty Growth
Collier County ¢~ctober $0. I
M~ge~nt Plm - C~ti~"md C~I M~g~nt Ele~nl ~nd al~ ~pp~ by the
~rd of C~nty ~i~en.
~C. 3.13.6 ~OCEDI~ES FOR O~A~G VARIANCE.
~.13.6.1 A w~tten ~titiofi ~uesting a va~ from the ~blish~ ~t~k line shall ~ fil~ with the
Board of County ~ionm ~ ~eir d~i~. ~e ~tition shall ~t fo~h:
1. A d~pti~ of ~titi~'s p~y to i~lude.the info~tion ~u~t~ on a cu~nt
Collier ~n~ ~ f~ a C~I C~ti~ ~t~k Line va~ fo~;
2. A d~pti~ of the ~blish~ ~t~k lin~ ~d the line which ~titioner
varig;.
3. ~e j~tifi~ti~ u~ ~i~h the ~ili~ ~li~ f~ the ~lin~ of lbo vad~e, to
incl~e compli~ ~ the ~lli~ C~nty G~h M~age~nt PI~ - Con~ation and
C~I M~le~t Elect.
3,13.6.~ ~e B~rd of County Co~i~e~ p~ll ~thJn sixty (60) ~ys of the illinI of the ~tition, hold
n public h~nE th~ u~ d~ ~blie noti~.
3.13.6.3 Due public noti~ shall ~ at I~ fi~ (15) ~ys noti~ of the ti~ ~d pl~ of~h h~dng
publish~ one ti~ in a n~ of ~ ci~lati~ ~ ~e a~.
(15) ~ys of the public h~dn~.
3.1~.6.5 ~y ~n alli~ by · d~/si~ of ~o ~ of County ~ion~
~ vat,ce ~y a~ly 1o ~e Ci~it ~ of ~e Ci~it ~.~ich the pw~y is I~t~ for
judicinl ~lief ~in ~ (30) ~ys afl~ ~dition of the d~isi~ by ~e B~ of C~nty
Co~ioners. R~i~ in the Ci~it ~u~ s~ll ~ by ~tition for n ~t of ~iomd ~d shall
~ govem~ by I~e Flod~ Ap~lla~ Rule.
. ~C. 3.13.7 E~M~IONS.
'. Exemptio~ to S~. 3.13.4 s~ll include:
3.13.7. l ~e ~val of Aust~ii~ pine l~ f~dna ~.), ~ t~ (Melal~ca ~.) ~d B~lian'
~p~r/Schinus le~binthJfolius) ot ~ oth~i~ he~i~fl~ pmvid~ ~d defin~ ~ 'exotic' by
County C~e.
3.13.7.2 ~y m~ifi~tion, ~int~, or ~air, to ~y existin~ stmc~m within li~ of Ihe existing
foun~tion, which d~ not ~ui~, involve, or include ~y ~ditJo~ to, ~ ~air or m~ifications
of, the existinE foun~tJon of th=t sincere, excludinn ~walls ~d ~y ndditions or enclosu~
add~, ~nst~ct~, or ins~ll~ ~1~ the fi~t ~lling fl~r o~ [~t d~k of the existing
st~ctufe.
Collier County S-l J? October $0. 1991
~ Development Code
3.13.9'.3 Any structure(s) such as beach umbrellas, chairs, tents, that shall be removed daily from the beach
and do not constitute fixed structure(s) that may or may not require a build~ng permit and that
upon revie,,/by the Director and/or his/her designee is/are determined not to present an actual or
potential threat to the beach and the dune system and adjacent properties.
SEC. 3.13.8 FENALTY AND CIVIL REMET}IES.
3.13.8.1 Penalty. A violation of any provision of this Code is a misdemeanor and shall be prosecuted in
the name of tho State in. the County Cou~ by the Prosecuting Attorney, and upon c~mviction shall
Be punished by a ~me not to ex__,:,~__ $500.00 or by in~-isonment in the County Jail not to exceed
sixty (50) days, or by both such fine and imprisonment. Each violation and each day ~ violation
continues dudl constitute a sep~ate offense: Tbe Board of County Commissioners shall have the
power to collaterally enforce the provisions of this Code by appropriate Judicial Writ or
pr 'occedin~ notwithstanding any prosecution u misdemeanor.
3.13.8.2 Civil Remedies. In addition to or in lieu of the penaltie~ provided by general law for the violation
of ordinances, the Board of County Commissioners may bring injunctive action to en.~oin the
construction or compel the removal of structures constructed in violation of this Code. ·
SEC. 3.13.9
3.13.9.1 ~erance. If any phrase or portion of this Division is for any reason '~eld invalid or
unconstitutional by any cou~ of competent jurisdiction, such portion sludl be deemed a ,S,Cl~trate,
distinct and independent provision and such holding .shall not affect the validity of the remaining
049d. 477
Col#er County $-IJ8 October JOo 1991
Land Dt'velopment Code
DIV. 3.14 VEHICLE ON THE BEACH REGULATIONS.
SEC. 3.14.1 TITLE AND CITATION. This division shall be known and m~y be cited ~s the 'Collier County
Vehicle on the Beach Regulations.'
SEC. 3.14.2 UNI, AWIRIL TO DRIVE ON SAND DUNE~ OR BEACH OR TO DISTURB SAND DUNE.
1) To oper~t~ or cause to be opera~d · hand, animal, or engine driven wheel, Irack or other
vehicle or implement on, over or scm any part of the sand dunes, hill or ridge nearest
the gulf, or the vegetation growing thereon or seaward thereof, or to operate or drive
such · vehicle on the ·r~ seaward thereof, commonly referred to as 'the beach' within
Collier County, Florida.
2) To alter or cause to be slte~t any sand dune or the vegetation growing thereon or
seaward thereof;' make .any excavation, remove any material; trees, gn~sa or other
vegetation or otherwise ·lter existing ground elevations or condition of such dune without
first securing a permit as provided for in this Code.
SEC. 3.14.3 I~(CEFTION$: EXEMPTION CERTIFICATE.
I) Sheriff. City, State and Federal Police and Game and Fish Commission vehicles operated
or authorized by officers of these departments operating under orders in the 'normal
course of their duties shall be exempt from the provisions of this division.
2) Vehicles which must travel on the beaches in connection with environmental maintenance,
conservation and/or environmental work, shall be exempt from the provisions of this
division if an Exemption.Certificate has been obtained from the Development Services
Director of Collier County, Flon.'da, or his designee, and said Exemption Certificate is
prominently displayed on the windshield of such vehicle. The procedure for obtaining
such an Exemption Certificate shall bo by application to the Development Services
Director in writing stating the reason or reasons why it is necessary for such vehicl~ or
vehicles to be operated on'the beaches in connection with an environmental maintenance,
conservation and or envirclnmental purpose, and Exemption Certificate for such vehicle
or vehicles shall be issued by the Development Services Director if the Development
Services Director is satisfied that a lawful and proper maintenance, conservation and/or
environmental puqxzsz will bo served thereby.
3) Baby buggies (perambulators), t~y vehicles, toy wagons, wh~lchaira or similar devices.
to aid disabled or non-ambulatory persons shall bo exempt from the provisions of this
· division.
Collier County $-159 ' October $0. 1991
Land Development (.*ode
~ DtvOfon $.14 ~'gbl¢le on the ~eeeh Remda#f~
SEC. 3.I4.4 i~ERMIT FOR CONSTRUCTION.
Prior to beginning co~rnction ia proximity to a ss. ad dune for any purpose whatsoever, including
conservation, · temixnm'y protective fence shall be installed · minimum of ten (10) feet landward
of the dune. It sludl be u~lzwful to .c~u~ or ~llow construction and relied ~ctivity se~w~d of
such fence. E~h permit for such work sh~ll cle~y indicate the provisions of this Code and the
protective me.utes to
Collier Couaty $-1,10 October $0, 1991
land Develop~e~u Code
3.15.1.1 ~ Ti{lc =n~ Ci~tiom ~$ divi~ ~ll ~ ~ ~d ~ ~ eit~ ~ ~ '~lli~ ~t~
3.15.1.2 Aut~Ht~. %e ~M of ~ ~i~ of ~lli~ ~ty ~
divisi~ ~t ~ ~. ~, ~. 1(~, ~ ~., ~. I~.01
163.3161 ~ ~., Ha. S~L, ~, 163.3161(8), H~ S~t., ~. !63.3177(10)~) ~d
163.32~(2)(g), Ha. Stat., ~d Rule 9I-5, F.A.C.
3.15.1.3 Ap~li~bililv. ~s divisi~ ~11 a~ly ~ all ~el~t ~ th~ total ~~t~ a~ of
~llier Cowry, ~d to all ~bli¢ f~iliti~ ~ by ~llier ~nty
~m~ a~ of ~lli~ ~, ~d to all ~va~ly~ public f<iliti~ ~ ~e l~el
of ~i~ ~ ~ ~bli~ ~ ~$ ~.
~.15.1.4 ~ ~d Intmt. ~s divisi~ ii ~ ~ i~le~t ~d ~ ~i~t ~ ~ ~ili~
~ty O~ M~Smt ~, ~. 16~.3161 ~. ~., Ha. Sm., ~d Rul~ ~I-5, F.A.C., by
~ ~ ~! d~el~t M ~lli~ ~ ~ ~ by ~m ~blle F~iliti~.
~is obj~tiv~ is ~li~ ~ (1) ~ii~ a mg~t ~d
d~elop~t, ~d ~) ~ ~li~ a ~la~ ~ ~ ~m ~ ~ ~bli~ F~ili~
is av~iabl~ ~ ~ d~el~t ~mt ~ ~ ~ i~ of d~el~t ~r
~blic F~iliti~.
' 3.15.1.5 Minim R~i~mB; ~e ~~-of ~ di~si~ M ~eir N~i~ ~d a~lj~
~d obj~fiv~ of ~s divisi~.
. ~C. 3.15.~ ~ABLI~~ OF MANAGE~ A~ MO~OR~G ~OGRAM
~G~ATORY ~OG~M: ~ ~AL ~ORY ~ ~A~ ~RT.
.. A~~S. A~ A~AL B~G~.
In oMer to imple~nt th~ ~te'of ~ Collier ~unty O~h M~age~nt PI~ ~ ~m ~t'
~ Pebble Wa~, S~m~ ~r, ~lid W~, Dmi~e, Pa~ ~d R~ ~blie F~iliti~
ar~ available to ~~ d~elop~t in Colli~ ~ ~t ~ whm '~ imp~
of'develop~nt ~ur on ~h ~bli¢ F~iliti~, th~ ~M of Co~ty ~i~e~ ~blish~, ·
. puget ~ ~ ~ of ~s diesis, (i) a ~ge~t '~d ~it~ng pm~m that ~al~m
the conditio~ of ~blic F~iliti~ ~ ~m ~y am ~in$ ~tely pl~ for ~d ~d~ to
~N~in ~e LOS for ~h ~blic F~ility, ~d (2} a ~lato~ pmg~ ~at
~blic F~cility is availabl~ ~ ~ d~el~t m~t ~ whm ~$ imp~ of d~elop~t
~cur or ~at develop~t oMe~ am ~ndition~ ~ ~e availability of ~bliC F~iliti~
the develop~nt ~ncu~t ~ wh~ ~ im~ of d~elop~nt ~ur.
SEC. 3.15.3 MANA~E~ A~ MO~OR~G ~OGRAM.
~ O~e~pment C~
~f~4tton $o l$ ,4Jea. me I~b#c Fact#tie,
3.15.3.1 G~eral. In order to ensure that ~dequate Potable Wate~r, Sanitary Sewer, Solid Waste, Drainage.
Park and Road Public Facilities are available concurrent with when the impacts of development
occur on such Public Facilities, the County shall establish the following management and
monitoring practices. Their purpose is to evaluate and coordinate the timing, provision, and
funding of Potable Water, Sanitary Sewer, Solid Waste, .Drainage, Park arid Road Public Facilities
(1) to ensure adequate planning and funding to maintain the LOS for the Public Facilities, and (2)
to evaluate the capacity of the Public Facilities for use in the regulatory program to gnsure (a) that
no development orders, are issued unless adequate Public Facilities are .available to serve the
development concurie,~t with when the impacts of development are proposed to occur, or (b) that
no development orders are issued unless they am conditioned on the availability'of Public
Facilities to serve the development concurrent with when the impacts of development occur.
3.15.3.2 Annual Uodate and Inventory R~'oort on Public Facilities (AUTRI. By May I of each year, the
Growth Management Director shall complete an Annual Update and Inventory Report on Public
Facilities (hereinafter 'AUIR"). The AUIR shall determine the existing conditions of all Capital
Potable Water, Capital Sanitary Sewer, Capital Solid Waste, Capital Drainage, Capital Park, and
Capital Road Public Facilities, determine and summarize the available capacity of these' Capital
Improvements (Public Facilities) based on their LOS, and forecast the capacity of existing and
planned Public Facilities identified in the Five (5) Year Capital Improvement Schedule. for each
of the five (5) succeeding years, and ten (!0) succeeding years. The forecasts shall be,~based on
the most recently updaled schedule of Capital Improvements (Public Facilities) for each Public
Facility. The AUIR shall be based on the most recent Bureau of Economic and B~siness Research
(B£BR) population projections, updated Public Facility inventories, ulxtated unit costs, and
analysis of traffic count data.
The findings of the AUIR shall form the basis for the Annual Update to' the CIE, any proposed
projects to be included in the County'S Tentative Annual Budget, the determination of any Area
of Significant Influence (ASO and the review of and issuance of development orders during the
next year.
3.15.3.3 Annual Determination of Ad_equate "Category A" Public Facilities (Concurrency).
Based on the findings of the AUIR, by May i of each year, the Growth Management Director will
report to the Board of County Commissioners concerning deficiencies or potential .deficiencies in
"Category A" Public Facilities and remedial action options including but not limited to the
following: "
i. Establishment of Areas of Significant Influence (ASl's);
2. Public Facility project additions Io the CIE;
3. Deferral of development order issuance in affected areas pending:
a. Lowering of LOS via Growth Management Plan Amendment;
b. Inclusion of necessary Public Facility projects in the adopted Annual Budget and '
Annual CIE Update;
Approval of new or increased revenue sources for needed Public Facility
projects by the Board of County Commis.~ioners, Ihe State Legislature or the
Collier County $-142 October $0. 1991
Land Development Code
3.15.3.4 Recommendations on the Annual CIE Undate and Tentative Annual Budget.
Based upon analysis of the AUIR, the Growth Management Director shall propose to the Board
of County Commissioners by July 15 of each year, the Annual Update to the CIE in conjunction
with the rele~e of the County's Tentative Annual Budget which will include the public facilities
needed Io maintain adopted Level of Service Standards. The Annual Budget, which is to be
adopted by October I of each year will include projects and funding approved by the Board in the
adopted Annual CIE Update.
3.15.3.5 F,.stablisttment of Area of Sinniflcant Influence (ASI} for Roads. .
1. Establi~hm~t of Area of Sitmillcnnt Influence (ASIa. If the findings of the AUIR identify'
additional needed road improvements they will be included in the road component of the proposed
Annual CIE Update. The Growth Management Director will determine if there is either a deficient
or Potentially deficient mad segment. The Growth Management Director shall propose and identify
an Ar~a of Significant Influence (ASI) around any deficient or potentially deficient road segment
(except where such potentially deficient mad segment is projected not to exceed its adopted LOS
within the five (5) year Capit~l Improvement Schedule in the CIE) and the Annual Residual
Capacity Trips that would he allocated to those applicants requesting Certificates of Public Facility.
Adequacy within the proposed ASI covering potentially deficient road segments duringF, he year.
The boundaries of an AS! shall be proposed by the Growth Management Director and forwarded
to Ihe Board of County Commissioners, along with the annual Residual Capacity Trips cogering
potentially deficient roadway segments for each ASI by May ! of each year. The proposed ASI
and Residual Capacity Trips shall become effective on June ! of each year if the additional needed
road improvements identified in the AUIR am not added to the CIE by June I of each year. No
Residual Capacity trips shall be allotted for development in an ASI coyering a deficient road
segment.
2. Standards in Establishirm Area of Si~nificnnt Influence fASB nnd Determinin~ Annual
Residual Caoacitv THt~s. The boundaries for the ASI shall be based upon accepted transportation
planning practices, and shall include those areas surrounding a deficient or potentially deficient.
road segment where development may be expected to place an unreasonable number of new trips
en the deficient or potentially deficient mad segment. The Growth Management Director shall
complete a detailed c~nditio'ns analysis of the deficient or potentially deficient road segment within
each proposed ?,SI boundary prior to proposing the boundaries of the ASI. The analysis shall take
into consideration ¢.haracteristies of the mad segment (such'as traffic control, signal spacing,
timing, and phasing) using procedures documented in the 1985 Highway Capacity Manual (or its
current edition). The Annual Re.,~idual Capacity Trips for the proposed ASI covering the
Potentially deficient road segment shall be based upon up to hundred percent (100%) of the
potentially deficient mad segment's remaining capacity, measured in peak hour trips. Thirty
percent (30%) of the potentially deficient mad segment's remaining capacity shall be reserved for
only those land uses which generate one (!) peak hour trip per day or less, ba.w.d on the most
recent ITE Trip Generation Rate Manual.
3. Review and Auomval by Board of County Commi.,~ioners. After receipt of the proposed
boundaries of a potential ASI and the proposed Residual Capacity Trips of the ASI from the
Growth Management Director, the Board of County Commissioners. by June ! of each year, shall
Collier County $-145 October $0. 1991
L~nd ~evelopmtnl Code
';!. D~IIIOW $.]$ ,,' ,4¢letttt.te I~ttbfl¢ Irtt~ltt~et
hold a public h~ring noticed punmanl to the requirements of Sec. 125.66(5). Fla. SIIII., and after
consideration of the proposal and public comment, approve the boundaries (inelmling a map of
the boundaries) and the Annual Residual Capacity Trips of Ihe ASI. with or with,,I ,~Jifications.
or determine that'competent substantial evidence has been placed on the record It, nhow that the
road segment is not potentially deficient ~d determine that the establishment el an ASI is not
necessary to ensure that development orders are served by adequate road Public Facilities. The
approved boundaries and Annual Residual capacity Trip. Allotments for each ASI will become
effective on June I of each year if additional road improvements are not added to the Capital
lmpmvernent Element at that time.
4. Mae of Areas of Sitnificant Influence fASl). A Map showing the boundarit,~ of each ASI
established by the Board of County. Commissioners shall be kept in the Office .f the Growth
Management Director and the office of the Clerk to the Board of County Commi~ioners for
review and inspection by the public during normal business hours.
$. Duration of Established Area of Sitnificant Influence CASfL Once the bound,ties of an ASI
are approved by the Board of County Commissioners, they are valid for one ¢1} year, unless
otherwise dissolved.
6. Dur~tj01~ of Residunl Caoacilv Trina. Once the Road Facility Residual Capacity Trips are
approved by the Board of County Commissioners, they are valid for one (I) year.
7. pis.solution of Aren of Sitmificant Influence (ASB. If the additional needed mad
improvements identified in the AUIR are added to the CIE or funds are avail,hie for, and
committed for construction of, the needed road improvements to eliminate the cht, t,~ification of a
road a~ a deficient or potentially deficient mad segment, then the Area of Significant Influence
(ASI) established for that deficient or potentially deficient road segment shall be di.,omlved in the
same manner in which it was established.
SEC. 3.15.4 REGULATORY FROGRAM: REVIEW OF DEVELOPMENT TO ENSURE ADEOUATF'-
PUBLIC FACILITIES ARE AVAILABLE.
3. i 5.4.1 G~I. In order to ensure that _-d_,~uate Potable Water, Sanitary Sewer, Solid Wa.~lo, Drainage.
'. Park and Road Public Facilities are available concurrent with when the impacts of dcveJopment
occur on each Public Facility, Collier County shall establish the following deveh,pment review
procedures to ensure that no development orders are issued unless adequate Public Facilities are
available to serve the proposed development, or that the development order is conditioned on the
availability of Public Facilities to serve the development concurrent with when thu impacts of
development occur on the Public Facilities.
3.15.4.2 Exemptions. The following development orders and development shall be exempt from the terms
of this division:
· 3.15,4.2.1 All valid, unexpired final Development of Regional Impact (DRI) development ordcrn which were
issued prior to adoption of this division except where:
1. Development conditions or stipulations applicable to concurrency, or the provi.~,,n of adequate
Public Facilities concurrent with the impacts of development, exist in the DRI d~vch,pment order:
2. Substantial deviations are sought for a DRi development order, and then, Iht,~ division shall
apply only to tho~ portions of the development for which the deviation is soughl:
Collier County $-144 t b.tober JO. 1991
l~nd Development Code .. 049,n.
3. ~ ore.ding c~em f~ ~bfic hmlth, mfety, ~ ~lfam exist;
in the ~nditions und~tying ~e a~al of the d~elop~t order have ~cu~ or the
dgvclop~t ord~ w~ ~ ~ m~tially i~m~ infection provid~ by tho
or that tho appli~ti~ of ~is divisi~ m ~ d~gl~t o~r is cindy ~blish~
~ntial to the public h~l~, ~fc~ ~d welfa~; or
5. ~e n~ ~ui~ w~ld ~t ~ c~go ~ al~ a D~ d~lop~t ord~ that they ~uld
~tgrially or ~tially aff~t the d~gl~'s ability to complc~c the dcvclopm~t authod~
by the DRI d~cl~t o~ct.
3.15.4.2.2 All valid, unexPi~ final I~1 ~el~t o~en i~ prior to ~opti~ of this C~o.
3.15.4.2.3 Construction of ~blic F~iliti~ I~t'a~ ~i~t with the ~lli~ C~nty G~h M~ge~t
Pl~.
3.1S.4.2.4 ~y d~elop~t o~en dete~ by tho G~h M~ge~t Dieter n~ to im~t ~blic
ex~ a cumulative ~ of ~ (I) y~r.
3.15.4.2.6 Develop~t o~ea ~tting ~la~t, ~t~tion or ~ir of existing d~elop~t
~ist~t with ali ele~ of ~e G~ M~ge~t PI~.
3.15.4.2.7 ~1 ~n~ ~ ~m.
3.15.4.2.8 ~y d~elop~t o~ or d~el~t ~ ~t ~ is ~titl~ ~ ~ive, ~d who
pm~rly ob~, a d~tion of v~ figh~ f~ M~te ~blic faciliti~ ('~F') in
~or~ wi~ ~ p~si~ of ~s ~. 3.15.4.2.8.
1. Aaoli~tlon. ~ appli~ti~ for Dete~tion of .V~t~ Righm for APF s~ll
~b~tt~ in ~ fo~ ~mblish~ by ~o O~h M~ge~t Dieter. ~ appli~tion
f~ in ~ a~nt to ~ deleing.by tho Board of County Co~ionea shall
accomp~y ~d ~ pea of tho a~li~tion. ~e appli~tion shall, at a ~nimum, include:
a. Na~, ~d~, ~d tel~h~o num~ of tho ~er ~d autho~ applier
o~r th~ tho
b. St~t Md~, legal d~dption, ~d ~go of tho pro~y; ~d
c. All f~! infection ~d ~l~go ~nably available to tho ~er ~d
applier to ~d~ tho cdte~a ~blish~ in ~. 3.15.4.2.8.7 ~low.
2. Det~i~fion of C~ol~en~. A~or ~ipt of ~ Appli~tion for Dete~tion of
V~t~ Righ~ for APF, tho Gm~ M~ge~t Dieter shall dete~ine whether tho
Col#er County $-145 October $0. 1991
LtsndDevelopmentCode ~49~[ ~84
: ~ Dfvtrton $.15 Atleo~tte
~e G~h M~ge~t Di~ ~i ~ti~ ~e appli~t in ~t~g of the defici~ci~.
~e G~h M~ge~t Di~ ~11 ~e no ~h~ ~ to p~ the appli~ti~
3.. ~i~ and ~i~fion or R~~tion by G~h Ma~t DiVot
and Co.tv Atto~. A~ ~ipt of a ~le~ A~li~tion for D~ti~ of
V~ ~gh~ f~ ~F, ~e G~ M~ge~t Di~tor ~d ~e ~nty Atto~ey shall
Atto~ey s~li p~ a ~ ~~ti~ ~ the H~g Offi~ t~t the
V~ ~ghM f~ APF ~ cl~rly sh~ld ~ ~t~ or g~ ~th ~diti~s, th~ ~ey
~y ~r into a ~t~ Sti~la~ ~~tion of V~ ~gh~ for APF
4. Eoi~ and ~i~tlon of V~t~ RinhB ~i~tlon for APF bv
~. U~ ~ipt by ~o H~g Offi~ of ~ A~li~ti~ for De~ti~ of
Di~r ~d ~e ~ At~m~, ~e H~g Offi~ s~ll hold n public h~g ~ the
120.58(l)(a),(d) ~d (0, ~a. S~t., ~d ~. 120.58(I)(b), Fla. S~t., o~y to ~o extent
~at ~e H~fing Offi~ is em~ ~ ~r ~m~ ~d ~o t~ti~ny ~d~ ~th.
~e H~fing Offi~ s~ll foll~ ~o p~u~ ~blish~ for ~i~tive.h~fings
Ad~nist~tivo C~o exc~t ~ exp~ly ~t fo~ he.in. ~o'~i~ ~fom ~ H~fing
~e ~ty A~mey ~! ~t ~o ~ty, z~ll att~d ~e public h~fing, ~d s~ll
authofi~ ag~, ~y. off~ ~h ~id~ at tho ~bl~c h~fing ~
evlden~; 3) public ~m~ ~d oid~; 4) County ~but~l, if ~y; ~d 5) applic~t
ffi 485
~ D~pment C~
.? l:)h4g~ $. I$ dfle~wae Pul, tic F~ctt,tes
rebuttal, if ~y.
(1~ ~ng ~ ~ ~ m~l~i~ of ~, ~bli¢ h~dng ~d~ ~. $. 15.4.2.8.4, ~e
lt~g Offi~ ~11 ~id~ ~ A~i~ for Det~tign of V~t~ Righ~ for
APF, ~e ~~ti~ ~e G~ M~;e~t Di~t~ ~d the County Attorney,
~d ~ ~id~ ~d ~i~y ~ at ~ ~blic h~g, in light of all of the
c~a ~ fo~h in ~. 3.15.4.2.8.7 ~ ~all d=y, g~t, or ~t ~ ~diti~s the
Appli~ti~ for D~ti~ of V~ ~gh~ for APF for the'p~y or pm~i~
at i~. ~e de~ti~ s~ll ~ in ~ting ~ ~ali incl~e find~gs of f~t for ~h
of ~e a~li~bl= c~a ~blish~ in S~. 3.15.4.2.8.7, c~cl~i~ of law ~r ~h of
s~h c~a, ~d a d~ti~ d~ying, g~ting, or gr~t~g ~th ~nditi~s, in'
whole ~ in ~, ~z v~ dgh~ f~ ~m ~blic f~iliti~.
6. A0~ to I~ ~ of Co.tv C~m~io~. With~ ~i~ (30) ~ys a~ i~
of ~e H~dng Offi~'s ~t~ ~ti~ of v~ dgh~ f~ ~F, ~z Cowry
A~, ~ G~ M~t Di~, ~ ~ ~ ~ i~ ~~ ~ ~
agar, ~y a~ ~ ~ti~ of v~ dgh~ f~ APF of ~ H~g Offi~ W
the ~ of ~ ~i~. Afm for ~e a~li~ti~ ~d ~ing of ~
~-~ti~ a~ ~11 ~ ~bli~ at a ~ ~ by ~ ~o[ ~
~i~ ~m ti~ ~ ti~ ~d s~ll ~ c~rg~ ~ ~d ~d by ~e ~ or i~
au~o~ a~t. ~ ~ of~ ~i~ s~! ~t ~e H~g Offi~'s
de~ti~ of v~ ~gh~ f~ ~F, ~ ~ ~t ~ifi~tio~ ~ ~dit~, or
~j~t ~ H~g Offi~'s d~ti~ ofv~ ~gh~ for ~F. ~e Bm~ of Co~
~mmi~i~ ~i ~t ~ au~ ~ ~i~ or ~j~t ~ H~g Offi~'s
d~ti~ of v~ ~gh~ for ~F ~ ~ ~ of ~ ~i~ ~
~t ~e H~g Offi~'s de~fi~ is not ~p~ b~ ~tial ~m~nt
eviden~ ~ ~ ~M of ~a H~ng Offi~r's ~blic h~ng or ~at ~ H~ng
Offi~r's de~ti~ of v~ ~gh~ f~ ~F is ~nt~ to ~ c~a ~blish~ ~
~. 3.15.4.2.8.7.
7. Cdt~a for V~t~ ~nh~. ~s ~i~ is ~d~ to st~ctly ~ m ~d i~le~nt'
exi~g ~ law ~d ~ law ~ ~ey ~lam m ~ d~t~a of v~ dgh~ ~d
~ui~ble ~W~! ~ a~li~ ~ a I~! g~em~t exe~ising i~ au~odty ~d ~e~
~ m~g, the pmvisi~ of ~tn ~blic faciliti~ ~n~t ~ develop~nt
(~n~cy), ~d ~la~ ~. It is ~ exp~ ~t~t of ~lli~ ~ m ~ui~
a~li~ti~'of ~ p~si~ of ~s Di~si~ m ~ ~h d~el~t ~d p~y ~ ~e
~~ a~ of ~ ~ ~ is leg~ly ~iblo ~out ~olat~g ~ legally
v~ ~gh~ w~ch ~e ~ ~y ~v~ ob~ in ~~ ~ ~o~ co~on
law ~d s~mto~ law, ~i~larly ~. 163.3167(8), FIo~da S~mt~. ~e c~teda he.in
pmvid~ s~ll ~ ~ide~ in ~d~g a v~ ~gh~ det~tion ~der this ~tion.
It is ~d~ ~t ~h ~ ~ d~id~ ~ a ~ by ~ f~l ~lysis. ~ ~ s~ll
~ ~titl~ to a ~itiv~ d~ti~ of v~ ~gh~ for ~F only if he de~nst~t~
by ~tiM ~t ~id~'~t h~ is ~titl~ ~o comple~ his develop~t without
~gaM ~ ~ o~ ~pli~lo p~i~ of ~is Divisi~ ~ ~ the p~vi~o~ of
S~. 163.3167(8), ~o~ S~mt~, or all th~ of the follo~ng ~ui~n~ of the
t~ t~ und~ Flo~ ~ law:
Ct9 486
~l~er ~ 3.147 ~m~r JO. l~I
~ D~lopme~t C~e
1) Upon ~ofne act of omission of the County,
2) a property owner relying in good faith,
3) has made tach a subtlantial change in pnsition of has incurred such extensive
obligations and expenses that it would be highly inequitable and unjust to de~troy the
rights acquired.
8. Limitation on Det~-mlnation of Vested Ri~h'ts for APF. A Determination of Vested
R~ghts for APF which grants an application for determination of vested fights for APl:
shall expir~ and be null and void unless construction is commenced pursuant to a final
development order, final subdivision plat, of final site development plan. within two (2)
years after the issuance of thz determination of vested rights for APF tmde~ this Sec.
3.15.4.2.8, of unle~ substantial permanent buildings have been. of am being constructed ·
or installed pursuant to · valid, unexpired, final development order of Collier County
within two (2) years at, er issmm~ of tho determination of vested rights for APF under
this Sec. 3.15.4.2.$, and such development pursuant to · final development order, final
subdivision plat, final site development plan, final subdivision master plan, of planned
unit development master plan is continuing in good faith. The aforementioned .two (2)
year time limitation on the determination of vested rights for APl: shall be stayed during
any time periods within which commencement of construction pursuant to · final
development order, final subdivision plat, of final site development plan is prol[ibited of
deferred by the County solely as a result of lack of adequate public facilities to ~,rve the
property, pursuant to this Division.
3.15.4.3 Certificate of Public Fadlitv Adeouacv.
3.15.4.3.1 Generzl.
1. After the effective datz of this Division, a valid, unexpired Certificate of Public Facility
Adequacy shall be obtained at tho filing for the earliesl of next to occur of final
subdivision plat, Final site development plan of building permit; provided, however, any
development orders except · final local development order may be approved or issued
provided they am expressly conditioned on the issuance of a Certificate of Public Facility
Adequacy prior to building permit approval and provided the owner and applicant
proceed at their own risk and expressly waive and release the County in writing from any
and all futuro claims of vested rights and equitable estoppel resulting from such
conditiona!.approval or actions relying thereon.
2. At the applicant's request, the County shall review and approve, approve with conditions,
or deny, an Application for · Certificate of Public Facility Adequacy prior to the
consideration of an Application for Development Approval for any development order
needed for a proposed development prior to receipt of a final subdivision plat approval,
final site development plan approval, of building permit approval.
3. Where the proposed development has been issued final subdivision plat approval or final
site development plan approval pdof to the effective date of this Division, · Certificate
of Public Facility Adequacy shall be obtained prior to approval 'of the next development
order required for the proposed development.
Collier County $-!48 October $0. 11)91
Land Develolnnent Code
Dtv4st~n $.15 ,~deo~ote Public
4. All s~lie~bl~ imp~t f~ ~d ~m d~elop~t f~ for · d~lop~t ~11 ~ p~id
to the ~nty in ~ ~t ~i~ to ~ d~ u~n i~ce of tha fi~l I~!
d~elop~t o~c~s) for the d~el~t u~nor ~or to i~ce of a Cc~ifi~ of
~blic F~ility Ad~cy for the d~gl~t. ~g pay~t of the ~ti~t~ imp~t ~d
system d~el~t f~ s~ll ~ appli~ ~ a cr~it t~ar~ the imp~t ~d system
d~elop~t f~ ~lculat~ ~d due u~ i~ of the final !~! d~el~t orders)
for the d~elop~t. S~h f~ shall ~ oth~ ~id in ~cor~ce with the appli~ble
imp~t f~ ~ sy~em d~el~t f~ o~i~, ~d shall ~ ~n~bl~ pu~t to ~ch
ordin~c~ ~ly u~n expi~ti~ of th~ ~ifi~te of ~blic Facility Ad~y for that
d~ei~t.
3.15.4.3.1 Rul~ of G~! Aooli~bilitv for C~i~te of ~blic Facility Ad~.
1. ~. ~ A~li~ti~ for a ~ifi~te of ~blic F~ility Ad~y ~y ~ ~b~tt~
at ~y ti~, ~bj~ ~ ~. 3.15.4.3.1.1.
2. ~lldat~ Auoli~tl0n. A ~ilding ~t, final mMivision plat ~ fi~l site
~el~t plm shall ~eiv~ fi~l approval only to the extent to which th~ pm~
d~el~t ~iv~ a ~ai~tz of ~blic F~ility Ad~y. ~e Appli~tion for a
Ceflifi~te of ~blic F~ility Ad~y ~y ~ sub~tt~ with an A~li~tion for
D~el~t A~al, ~ app~fiate under this Division.
3. fi~it~bilitv and Tmmf~billtv. A Ceaifi~te of ~blic Facility Ad~y shall mn
~th ~e I~d, ~1 ~ ~i~ablz ~thin a ~ developer, ~d shall not ~
t~i~ble or t~f~blz to other d~elop~t.
4. Fx~imtion. A ~aifi~ of ~bli~ F~ility Ad~y s~ll expire ~ (3) y~ from
the ~ of i~ a~mv~ ex.pt to ~e ext~t that building ~ ~ve ~ i~ for the
pm~ d~eloP~t for ~ich the C~ifi~te is a~, ~d the pm~
d~el~t is th~ ~le~ pu~t m ~e t~ of the ~llier Coun~ Building
C~e, provide:
a. For developer compfi~ of,~m th~ five hund~ (5~) r~idential dwelling units,
or for a ph~ i~t of d~elop~t compfi~ of ~rz t~ one hundr~ ~d fifty
(150) ~idential dwelling uni~, or for a ~ial/industfial d~elop~t of ~m th~
!~,~ ~m f~ ofg~ I~ble a~, a Ceaifi~te of ~blic F~ility Ad~y sfiall
expire five (5) y~n from the ~ of i~ a~mval exc~t t9 the ext~t that building '
~ have ~ i~ .for the p~ d~el~t for which the Ceflificate is
approve, ~d ~e pm~ d~elop~t is th~ ~mplet~ pu~t to the tb~ of the
Collier County Building C~e, pmvid~ the ceflificate holder:
(I) Ob~i~ approval of i~ Fi~l Su~ivision Plat ~d Fi~l Site D~velopnnnt
PI~, which~er is appli~blz, ~thin ~elve (12) ~nths from the datg of
i~ce of the Ce~ifi~tz of ~blic Facility Ad~cy; ~d
(2) Co~ constmcti~ of the inf~st~mre for the Final SuMivision Plat
~d Final Site Developer PI~, which~er is appli~ble, within ~enty-four
~lller Coun~ J.149 (~foher ~0. I~!
~ De~lopment C~Me
(24) ~t~ f~ tho ~ of i~ of the Cc~ificato of ~blic F~ility
Ad~y; ~d
O) ~1~ ~e ~m~i~ of ~e ~nf~mm for the Fi~l Su~ivision
~lat ~d Fi~l Si~ ~el~t PI~, ~ich~er is appli~ble, ~d ~ the
Fi~l Su~ivisi~ Plat ~ ~e ~blic ~ of Collier County, if appli~ble,
within ~i~y~ix (36) ~ from ~e ~te of i~ce of ~e ~ifiote of
~blic F~ility Ad~.
b. For ~ of det~ning ~ expiration of a Ce~i~t~ of ~blic F~ili~
A~y f~ a ~x~ ~ ~l~t, ~e si~ of the ~x~ ~ d~el~t s~ll
dete~in~ by a~gm~atin~ the ~~ of the th~hold for ~h l~d u~ ~m~nent
id~tifi~ in S~, 3.15.4.3.2.4.~ t~t is p~ for tho ~x~ ~ d~oiop~t.
5. ~. I~ of a ~i~ of ~blio Facility Ad~y shall de~st~ p~f of
~te ~blic F~iliti~ to ~e the d~el~t app~ in tho d~el~t order,
~bj~t to ~e conditi~ in tho d~el~t order. A sub~u~t Application for
D~elop~t A~mval for d~el~t appmv~ in a d~elopm~t o~er for which a
C~ifi~te of ~blic F~ility'Ad~y h~s ~ approv~ s~ll ~ de~n~ to have
~te ~blic F~iliti~ ~ long ~ tho Ce~i~te of ~blic F~ility Ad~cy is valid
~d unexpi~. ~ a ~ifi~ of ~blic Facility Ad~ey expi~, ~y ~uent
Appli~ti~ f~ D~el~t Ap~al ~H ~uim a n~ ~ifi~te of ~blic F~ili~
Ad~cy to ~ i~ ~t to Iho t~ of this ~tion p~or to approval of ~y
su~u~t d~elop~t o~ for the pm~ d~elop~t.
6. ~yth~ in ~is Divisi~ ~ ~ ~tm~ no~t~d~, all Ce~ifi~ of ~blic
F~ility Ad~y a~ ~ i~ from the ~ ~at tho G~ M~ge~t
Di~tor gl~ &o AUIR to ~e public through the ~te that the appmv~
~d the ~1 R~id~l ~ity Trip ~lot~ for ~h ASI ~ eff~tive shall
~ exp~ly condition~ u~n ~y ~d all ~tfictio~, Ii,rations. provision,
~d allot~ts ~opt~ by the B~ of County Co~iOne~ pu~t to S~.
3.15.3.5.3.
3.15.4.3.3 Eff~t of Development At~t in'Coniun~ion ~th a C~ifi~te of ~bllc Fa~lil~
.. Adeouacv. U~n approval by tho Boa~ of ~ Co~ione~, ~y appli~t ~y ~ter into
a Development Ag~nt ~th Collier County pu~t to the provisions of S~tion 163.3220-
3242, Flofi~ S~t~ (1989), in ~juncti~ ~th the approval of a d~elop~t o~er ~d/or a.
Ceaifi~te of ~blic F~ility Ad~cy. ~e eff~t of the ~elop~nt Agent s~ll ~ to bind
tho pa~i~ pu~t to tho t~ ~d ~nditi~s of the D~elop~nt Agr~t ~d the Ct~ificate
of ~blic Facility Ad~y. ~ o~ to in~m that ~te ~blic F~iliti~ are availablo to ~e .
the pro~ developer ~t wi~ wh~ the imp~ of th~ develop~t ~cur on the
Public Faciliti~. D~elop~t Ag~ ~y add~ conditi~al d~elopm~t order approvals
~d conditio~ for ~n~al of th~ Ceai~to of ~blic Facility Ad~uacy ~yond tiro (5) y~m,
howewr, the duration of ~y Ceaifi~te of ~blic Facility Ad~uacy shall not exe~ fiw (5)
y~rs. Develop~nt Ag~ ~y al~ provide for private provision of public faciliti~ or for
a joint end~vor ~ the private ~tor ~d Collier County to provide public faciliti~. Any
Public Facility in the Five (5) Y~r Sch~ule of Capital Impmve~nts in tho CIE on which such
4S9
Collier Coun~ J-IlO October JO, I~1
~ De~lopment
a Certificate of Adequata Public Pacilitie~ is mada in conjunction with the approval of a
development order and a Development Agreement shall uo.t be delayed, deferred, or removed from
the Five (5) Year Schedule of Improvements in the CIE.
3.15.4.3.4 Procedure for Review of Atmllcntion.
1. Submlss[on of ADnllcntion and Fee. An Application for a Certificate of Public Facility
Adequacy shall bo submitted to tho Growth Management Director. An application shall
be submitted at th~ filing of tho earliest or next to occur of final subdivision plat, final
site development plan, or building .pemfit. An application fee in an amount to be
determined by tho Board of County Commissioners shall accompany and be part of the
application, except that no application fo~ shall bo required for an Application of Public
Facility Adequacy submitted in conjunction with an application for a final subdivision
plat, a final site development plan, or a building permit.
2. Application Contents. Tbo form and contents for tho Application for Public Facility
Adequacy shall bo e~tablished by tho Growth Management Director and shall bo
published and mad~ availablo to tho general i~bli¢.
3. l~termlnatlon of' Covfiule~eness and Review. Afar receipt of an Application for
Certificate of Public Facility Adequacy, tho Growth Management Director shall detern~no
whether it is complete within ten (10) days. If it is determined that tho application is not
complete, written notico shall be served'on the applicant specifying the deficiencies. The
Growth Management Director shall take no further action on the application unless the
deficiencies ar~ remedied. Within twenty (20) days after the application is determined to
be complete, tho Growth Management Director shall review and gnmt, grant with
conditions, or deny each Public Facility component in the application pursuant to the
standards established in Sec. 3.15.4.3.5.
4. Av_t~eal to Public Facilities Determination Auueal Committee; Within thirty (30) days
after issuanc~ of tho determination of tho Growth Management Director on the
Application for a Certificam of Public Facility Adequacy,the applicant may appeal the
determination of the Growth Mahagemen. t Director on the Application for a Certificate
of Public Facility Adequacy to tho Public Facilities Determination Appeal Committee. A
fee for tho application and processing 0fan appeal shall be established at a rate set by
Board of County Commissioners from time to time and shall be charged to and paid by .
tho applicant. The Public F,acilities Determination Appeal Committee shall hold a hearing
on tho appeal and shall consider the determination of the Growth Management Director
and public testimony in light of all the criteria set forth in Sec. 3.15.4.3.5. Tho Public .
Facilities Determination Appeal Committee shall adopt the Growth Management
Director's determination on the Application for a Certificate of Public Facility Adequacy
with or without modificat, iona or'conditions, or reject the Growth Management Director's
determination. The Public Facilities Determination Appeal Commhtee shall not be
authorized to modify or reject tho Growth Management Director*s determination unless
the Public Facilities Determination Appeal Committee finds that the determination is not
supported by substantial competent evidence or that tho Growth Management Director's
dc-termination is contrary to th~ criteria established in Sec. 3.15.4.3.5. The decision of
Land D~,e~pment Code
the Public Facilities Determination Appeal Conu~ttee shall include findings of tact for
each of the criteria.
5. Membershio or Public Facilities Determination Aooeal Committee. The Public
Facilities Determination Appeal Committee shall be comprised of three (3) members: an
Assistant to the County Manager;, Metropolitan Planning Organization (MPO)
Coordinator, or his designee; and the Project Review Services Man·get, or his designee.
3.15.4.3.5 Standards for Review of Aoolication. The following standards shall be used in the determination
of whether to grant, grant with conditions, or deny a Certificate of Public Facility Adequacy.
Before iseaance of a Certificate of.Public Facility Adequacy, the application shall ~ulfili the
standards for each Public Facility component (Potable Water, Sanitary Sewer, Solid Waste,
Drainage, Parks and Roads).
1. Potable Water Facilities.
a. Beginning with the effective date of the Growth Management Plan
[mplementationtl~rough September 30, 1994, the Potable Water component shall
be granted if any of the following conditions are met:
(1) The required public facilities are in place at the time · building permit is
issued, ot · building permit is issued subject to a condition that the necessary
facilities will be in place when the impact of development occurs.
(2) The required Public Facilities are under construction at the time · building
permit ia issued.
(3) The required Public Facilities ate the subject of· binding contract executed
tot the construction of those Public Facilitie~ at the time · building permit is
issue~;l.
(4) The construction of required Public Facilities has been included in the
County's adopted, budget st the time a building permit is issued even though the
Public Facilities are not yet the subject of a binding contract for their
construction. *
(S} The construction of Capital Potable Water Facilities required to
· accommodate the impact of development occurring before October !, 1994, is
scheduled in the County's Schedule of Capital Improvements prior to October
I, 1994. The S~hedule of Capital Improvements shall be based on a realistic,
financially feasible program of funding from existing r~venue sources and shall
be adopted as a part of the Growth Management Plan. A plan amendment is
required to eliminate, defer or delay construction of any "Category A" Public
Facility in the Schedule of Capital Improvements which is needed to maintain
the adopted Level of Service standard. The development order issued pursuant
to · Certificate of Public Facility Adequacy is expressly conditional so that the
Collier County $.152 October $0. 1991
L~nd D.ovelopment 'Code
development order shall be suspended and no further d~vclopment shall be
carried out in the event any of the following occur without a cocc¢.,-ponding
Growth Management Plan Amendment:
(a) The required Capital Potable Water Facilities are delayed.
deferred, or removed from the adopted Schedule of Capital
Improvements.
(b) Annual funding is insufficient to maintain the Capital Potable
Water Facilities Projects in the Schedule of Capital Improvements.
(¢) Construction of the required Capital Potable Water facility or
facilities is not undertaken in accordance with the adopted Schedule of
Capital Improvements.
(6) The construction of required Capital Potable Water facilities scheduled in
the County's $chedttlz of Capital Improvements prior to October I, 1994 will
not be delayed, deferred or removed from the Capital Improvement Element if
the facilities have been relied upon for the i~atancz of a development order.
b. Effective October 1, 1994, the Potable Water component shall be granted ifany
of the following conditions am met:
(I) Capital Potable Water Facilities are in place to provide the proposed
development sufficient services based on the LOS for Capital Potable. Water
Facilities, and a commitment of capacity to serve the proposed development ~
been received from the Potable Water System that will service the proposed
development;
(2) The Capital Potable Water Facilities that will provide the proposed
development sufficient services based on th~ LOS for Capital Potable Water
Facilities is under construction, · commitment of capacity to serve the proposed
development upon completion of construction has been received from the
appropriate Potable Water System, and commencement of construction of.the
proposed development is conditioned on the completion of the Capital Potable
Water Facilities to service the proposed development;
(3) The required public facilities are thz subject of a binding contract executed
for the construction of these public facilities at the time a building permit is
issued;
(4) The constrfiction of the required public facilities has been included in the
County's adopted budget at the time a building permit is issued even though the
public facilities are not yet the subject of · binding contract for their
construction;
(5} The Capital Potabl~atcr Facilities that will provid~ the proposed
Collier County $-155 October 30. 1991
Land Development Code
Df~on $. I$ ~ Adem~am P~bl~¢ Facl##et
~l~t ~ffici~t ~ ~ ~ ~e ~S f~ ~piml P~bl~ W~
F~iliti~ ~ ~~ ~ ~ ~id~ by tho a~li~t, ~d i~ of a
~ild~g ~t f~ ~y ~i~ of ~o d~el~t is ~diti~ ~ ~e
~mpldi~ of ~o ~ Poablo Wa~ F~iliti~ to ~i~ the p~
develop~t; ~
(~ ~pi~ P~lo W~ F~ilit~ a~ av~l~lo m ~ida ~a p~
doel~t ~ffi~t ~ ~ ~ ~ LOS for ~pial Po~bl~ Wa~
F~ilifi~, ~ i~ of a ~ilding ~t for ~y ~i~ of ~e d~elop~t
is ~iti~ ~ ~e de~i~ of ~ipt ofa ~t~t of~i~ from
~e P~lo W~ S~ ~ ~11 ~ ~e ~ d~el~t.
2. ~i~ ~ Fa~lifi~. '
a. ~g ~ ~ eff~i~ ~m of ~ G~h M~g~t PI~
l~l~ati~ ~gh ~m~ 30, I~4, the S~ia~ ~r ~m~t
s~! ~ ~t~ if ~y of ~ foll~g ~diti~s am ~t:
(1) ~ ~i~ ~blie f~iliti~ am in pl~ at tho ti~ a ~jlding ~t
is i~, ~ a ~ild~g ~t is i~ ~bj~t ~ a ~diti~ ~t the
~ f~iliti~ ~11 ~ ~ pl~ ~ ~o i~t of doel~t
~ ~i~ ~blie F~ilifi~ ~ ~d~ ~~ at ~e ti~ a
~Hd~g ~t is i~.
~ ~i~ ~bli~ F~iliti~ a~ the ~bjmt of a b~d~g ~t~t
ex~ f~ ~ ~ti~ of th~ ~blic F~iliti~ at ~e ti~ a
~ild~g ~t is i~.
~ ~i~ of ~i~ ~blic F~iliti~ ~ ~ ~lud~ ~ the
~'s ~ ~g~ at the ti~ a build~g ~t is i~ ev~
· ough ~a ~b[ic F~iliti~ ~ not yet ~e ~bj~t of a b~ding ~nt~ct
f~ ~eir ~ti~.
~ ~i~ of ~pi~l S~ ~er F~iliti~ ~ui~ to ·
~~te ~e i~t of doel~t ~g ~fo~ ~ !,
1~4, is ~h~ul~ ~ ~ ~'s ~h~ulo of ~pial
prior ~ ~to~ !, 1~4. ~ ~h~ule of Capial Imp~e~ s~ll .
~ ~ ~ a ~li~ic, fi~ially f~iblo pmgnm of ~nding
exi~ing ~ue ~ ~ s~li ~ ~opt~ ~ a pa~ of the G~h
M~t PI~. A pl~ a~d~nt is ~ui~ to eli~nate, defer
or delay ~t~i~ of ~y '~tego~ A' ~blic F~ility in the
~h~ulo of ~pial Imp~ which is n~ to ~in~in ~e
~t~ ~el of ~i~ ~. ~e d~el~t o~er i~
pu~t to a ~ifi~ of ~blic F~ility Ad~cy is exp~ly
c~ditional ~ that th~ d~elop~t o~er shall ~ ~s~nd~ ~d no
49 493'
~l~er ~ ~.~4 . ~ ~0.
further development shall be cerr/ed nut in the event any of' the
following occur without = corresponding Growlh Management Plan
Amendment:
(a) The required Capital Sanitary Sewer Facilities are delayed,
deterred, or removed lmm the adopted Schedule of Capital
Improvements.
(b) Ann~al funding is insufficient to maintain the Capital Sanitary
Sewer Facilities projects in the Schedule of Capital
Improvements.
(c) Construction of the required Capital Sanitary Sewer facility or
facilities is not undertaken in accordance with the adopted
Schedule of Capital Improvements.
(6) 'l'be const~ction of required Capital Sanitary Sewer facilities scheduled
in the County's Schedule of Capital Improvements prior to October 1,
'1994 will not be delayed, deferred or removed from the Capital
Improvement Element if the facilities have been relied upon for the
issuance of a development order.
b. Effective October I, 1994, the Sanitary Sewer component shall be granted if any
of the following conditions are met:
(I) Capital Sanitary Sewer Facilities are in place to provide the p~opo~sed
development sufficient services based on the LOS for Capital Sanitary Sewer
FacilitieS. and a conunitment of capacity to serve the proposed development has
been received from the Sanitary Sewer System that will service the proposed
development;
(2) The Capital Sanitary Sewer Facilities that will provide the proposed
'development sufficient service~ based on the LOS for Capital Sanitary Sewer
· . Facilities is under construction, a commitment of capacity to serve the prof..seal
development upon completion of construction has been received from the
appropriate Sanitary Sewer System, and conunencement of construction of the
proposed develop~nent is conditioned on the completion of the Capital Sanitary
Sewer Facilities to service the proposed development;
(3) The required public facilities are the subject of a binding contract executed
for the construction of these public facilities at the time a building permit is
issued;
(4) The construction of the required 'public facilities has been included in the
County's adopted budget at the time a building permit is issued even though thc
public facilities are not yet the subject of a binding contract for their
construction;
~ Devetopment Code
Df~g~fo~ $.I$ ,4deoua~ P~b#¢ Fac~llde#
(5) The Capital Sanitary Sow~r Facilities that will provide the proposed
development sufficient services besed on the LOS for Capital Sanitary Sower
Facilities am committed to be' provided by the applicaat, and issuance of a
building permit for any portion of,tbe d~elopment ia conditioned on the
completion of tho Capital Sanitary 5ewer Facilities to service tho proposed
development; or
Facilities, and issmmcz of a building permit for any portion of the developmeni
ia conditioned on tho demonstration of receipt of a commltl~lt of capacity from
the sanitary ~.wer facilities that will service th~ proposed development.
3. Solid Waste Facilities.
a. Beginning with th~ effectiw date of the Growth Management Plan
Implementstion tlwough September 30, 1994, tbe Solid Wast~ coml~pent sha~l
be granted if ~my Of the following conditions am met:
(1) Tbe requi~ed public facilities am in placz at the tim~ · buildin~ permit
is issued, or a building permit ia issued mbject to a condition that the
necessary facilities will bo in place when th~ impact of development
(2) 'I~ required Public Pacilities am under construction at tho timz a
building permit ia issued.
O) The required Public Facilities am tho subject of · binding contract.
executed for fha construction of those Public Facilities at tho timz a
building permit is issued.
(4) Th~ construction of required Public F~cilities has been included ia the
· . County's adopted budget at the ti~e a building permit is issued even
though the Public Facilities are not yet the subject ora binding contract
for their construction.
(5) The construction of Capital Solid Wast~ Facilities required to
accommodate the iml~ct of development occurring before October 1,
1994, is scheduled in the County's Schedule of Capital Improvements
prior to October 1, 1994. The Schedule of Capital Improvements shall
be based on a realistic, financially feasible program of funding from
existing revenue sources and shall be adopted as · part of the Growth
Management Plan. A plan amendment is required to eliminate, defer
or delay construction of any 'Category A' Public Facility in the
Schedule of Capital Improvements which is needed to maintain the
adopted Level of Service standard. The development order issued
Collier C~mun~ $-!56 October $0o
~ De~elopmem C~te
pursuant to a Cartificat~ of Public Facility Adequacy is expressly
conditional so that the development order shall bo suspended and no
further development shall be carried out i~ the event any of the
following occur without · c.~'esponding Growth blanagernent Plan
Amendment:
(a) The required Capital Solid Waste Facilities ire delayed,
deferred, or removed from the adopted Schedule~of Capital
(b) Annual funding is insufficient to maintain tho Capital Solid
Wast~ Facilities Projects in tho Schedule of Capital
Improvements. ..
(c) Construction of the required Capital Solid Waste facilities is
not undertaken in sccordanca with tho adopted Schedule of
Capital Improvements. ·
(63 The construction of required Capital Solid Wast~ facilities scheduled, in the
County's Schedule of Capital Improvements prior to Octobo~ 1, 1994'will not
be delayed, deferred or removed from the Capital Improvement Elen~nt if the
facilities have been relied upon for the issuance of a development order.
b. Effective October 1, 1994, the Solid Was'to component shall be go. nted if any
of the following conditions am met:
(1) Capital Solid Wast~ Facilities am in place to provide tho proposed
development sufficient services based on the LOS for Capital Solid
Waste Facilities, and · commitment of capacity to serve the proposed'
development has been received from the Environmental Services
Division;
(2) The Capital Solid Waste Facilities that will provide tho proposed
" development sufficient services based on the LOS for Capital Solid
Waste Facilities are under construction and a commitment of capacity
to serve the proposed development upon completion of construction has
been received from th~ Environmental Sc~ices Division; or
(3) The required Public Facilities am the subject of · binding contract
executed for the construction of those Public Facilities at tho time a
building permit is issued.
(4) The construction of required Public Facilities. has been included in the
County's adopted budget at the time · building permit is issued even
though the Public Facilities ar~ not yet the subject of a binding contract
for their construction.
Collier Co.my $-157 October JO. 1991
~ Development Code
4. Or~Jrm~e Facilities. 'lbo Drainage component shall be grated if the proposed
development J~s fi dminlge sad wirer nuumgernent phm that h~s been apl~mVed by the
Environmcn~i Servic~ Divisioo tht rne~ the LOS for ~pi~l D~Ea F~iliti~.
~ ~d R~tlon
l~l~mi~ ~ ~~ 30, !~4, ~o P~ ~ R~ti~
~t ~1 ~ ~ if ny of ~ foiler ~diti~ ~ ~t:
' (1) ~ ~i~ ~blic f~iliti~ ~ h pl~ u ~o ti~ a ~ild~f ~t
is i~, ~ t ~ild~E ~t is i~ mbj~t ~ s ~diti~ ~t ~e
(2) ~ ~i~ ~blic F~iliti~ a~ und~ ~ti~ at ~e ti~ a
~ildhf ~t is i~.
O) ~ ~i~ ~blic P~iliti~ a~ ~e mbj~t of a b~d~f
ex~ f~ ~o ~(i~ of th~ ~blic F~iliti~ at ~o ti~ a
~ildhf ~t is i~.
· ~h ~e ~blic F~iliti~ a~ ~t y~ the ~bj~ of a bhd~g ~nt~t
f~ ~r ~~.
i~ of d~el~t ~u~ ~fo~ ~m~ 1, 1~4, h ~h~ul~
!~. ~ ~h~ule of ~pi~ i~c~ s~i ~ ~ ~ a
~li~ic, f~ially ~iblo prog~m of ~dinf from exist~f ~vcnuo
A pl~ ~d~t is ~ui~ to cli~, dcf~ or delay ~t~tion
of ~y"~te~ A' ~blic F~ility h tho ~h~ulo of ~pi~l
l~e~ ~ch is n~ to ~in~in ~ ~t~ ~el of Se~ico
~. ~o d~el~t o~er i~ ~t ~ a ~ifi~ of
~blic F~ility Ad~y is exp~ly ~diti~l M ~t ~.
d~el~t ~ ~I! ~ ~d~ ~d no ~ d~el~t shli
~ ~ ~t h ~ ~t ny of t~ fo11~nf ~r ~thout a
~d~f G~ M~gc~t PI~ ~d~t:
(a) ~o ~i~ ~pi~ Pa~ F~iliti~ a~ ~lay~, defer, or
~v~ from ~o ~opt~ ~h~ulo of ~pi~! ImproverS.
~i ~d~ is ~fficimt to ~in~in th~ ~pi~l Park
F~iliti~ Pmj~u h &o ~h~ul~ of ~pi~l Improvers.
~lller ~m~ 3.15f ~to~r 30,
~ D~topmem C~e
(c) Construction of the required Capital Park facility or facilities
is not tmder~en iff ao~'dan~ with the'adopted Schedule of
Capital Improvements.
(6) TI~ construction of required Capital Park faeilities scheduled in the
County's'Schedule of Capital Improvements prior to October 1, 1994
will not be delayed, deferred or removed from the Capital Improvement
Element if the facilities have been relied upon for the' issuance of a
b. Effective October 1, 1994, the Park component shall be granted if any of the.
following conditions are met:
(I) Capital Park Facilities are in place to provide the proposed d~Velopment
sufficient services based on the LOS for Capital Park Facilities;
(2) The Capital Park Facilities that will provide the proposed development
sufficient services based on the LOS for Capital Park Facilities are under
construction;
O) The required Public Facilities are the subject of a binding contr~t execumi
for the construction of those Public Facilities at the time a lmilding l~rmit is
issued.
· (4) The construction of required Public Facilities has been included in the
County's adopted budget at the time a building permit is issued even though the
Public Facilities am not yet the subject of a binding contract for their
(5) The Capital Park Facilities that will provide the proposed development
sufficient services based on the LOS for Capital Park Facilities am included in'
the Collier County adopted annual budget; or
6. Road Faciiities. ;The Road component shall be considered based upon whether the
proposed development is outside a designated ASI or within a designated[ ^SI.
a. Develo0ment Outside Destnnated Area of $|enificant Influence fASf}or ·
~rl]o'e No ASI Exists. For development outside a designated ASI, or where
no ^SI exists, the Road component shall be granted.
b. Develo0ment Within Desi_enated Area of Si_nnificant Influence ¢ASI1. For
development wiflfin a designated AS1 coveting a potentially deficient road
segment, the Road component shall be approved, subject to available capacity,
if it is demonstrated the proposed development will.not make the potentially
deficient road segment within the ASIa deficient road segment. In the instance
where the proposed development will create a deficient road segment, a
Certificate of Public Facility Adequacy for the toad component shall be
Collier County $-!$9 Oc~ber JO. 1991
Land De~elopmcnl Code
approved only for that portion of the development that does not creste the
deficient mad segment. For development within a d~ignated ASi coveting a
deficient ro~d segment, the road component shall be approved only for that
portion of tho development that does not increase the net trips on the deficient
road segment and does not further degrade the LO.S of the deficient road
segment.
c. Capacity of Potentlnllv Deficient Road.
(I) Prior to October !, 1994, in determining the capacity of a County road
segment or a State road segment for the purpose of d[eterminlng
whether it is a potentially deficient road segment,, the County shall'
consider:.
(a) any Capital Road Improvement under construction' or that will
be under construction during the review period;
(b) any Capital Road Improvement that is the subject of a binding
executed contract which provides for the commencement of
construction during the review period;
(c) any Capital Ro~l Improvement that is included in the State or
Collier County adopted budget; and
(d) the construction of the r~quired Capital Road Improvement is
included in the State's Five (5) Year Work Program or tho
County's current five (5) year Capital Improvement Schedule
adopted as part of the Growth Management Plan prior to
October 1, 1994.
(2) Effective October I, 1994, in determining the capacity of a County
road segment or a State road segment for the purpose of d,-'termining
whether it is a potentially deficient road segment, the County shall
· . (a} any Capital Road Improvement under construction or that will
be under construction during the review period;
(b} any Capital Road Improvement that is the subject ora binding
executed contract which provides for the commencement of
construction during the review period;
(¢) any Capital Road Improvement that is included in the Stat~ or
Collier County adopted budget;
(d) the construction of the required Capital Road Improvement is
included in the State's Five (5) Year Work Program or the
049 . 199
Collier County $.1~0
L~nd De~elopmenf Code Oc~ober $0.
County's current five (5) year Capital Improvement Schedule
adopted as part of the Growth Management Plan, and all of
the following are met:
.The Board of County Commissioners has made an
express finding, after a public hearing, that the
cuii~t five (.5) year capital improvement schedule is
based on a realistic, financially feasible program of
funding from existing revenue sources; and
The level of service (LOS) on all roads serving the
development will not, at any time, operate below
peak hour, peak season LOS 'E"; and
The level of service (LOS) on any road serving the
development will not operate at peak hour, peak
season in LOS 'E' for a period of more than two (2)
years except where LOS "E' is the LOS established
in the Growth Management Plan for a particular
road.
d. Caoacitv of Deficient Road..
(I) Prior to October I, 1994, in determining the capacity of a County road
segment or a State road segment for the purpose of determining
whether it is a deficient road segment, the County shall consider:. ·
'(a) any Capital Road Improvement under construction or that will
be under construction during the review period;
(b) . any Capital Road Improvement that is the subject of a binding
executed contract which provides for the conunencement of
construction during the review period;
(c) . any Capital Road Improvement that is included in thd Stat~: or
Collier County adopted budget; and
(d) the construction of the required Capital Road Improvement is
included in the State's Five (5) Year Work Program or the '
County's cu/ient five {5) year Capital Improvement Schedule
adopted as part of the Growth Management Plan prior to
October I, 1994.
(2) Effective October 1, 1994, in determining the capacity of a County
mad segment or a State road segment for the purpose of determining
whether it is a deficient road s~gn~nt, thc County shall consider:
04'9 , 00
Say Capital Road Improven~nt under construction or that will
b~ under con~mction during the review p~iod;
(b) say C~tal Road Improvement that is the mbject of · binding
executed contract which provides fei' the commencement of
~amstmction during the r~view period;
(0 say Capital Rosd Improvement that is included in the State or
Collier Cotmty ~dopted budget;
{d) th~ con~tmction of the required Capital Road Imp~ntement is
inclodod in tho State's Five (5) Yesr Work Program or tho'
· County'~ turret five (5) y~r Capital Improvemem Schedule
~Soptod $~ part of tho Orowth Management PIsa; ~d
expn~ finding, af~' · public besting, lhat th~
~urrent five ($) y~r capital improvom~t ~chedule
hased on · r~li~ti¢, fu~mci-qy feasible program of
fu~dh~ from existiaz revenue sou~s.;
Tbe level of ~'vico (LOb') on all roads serving the
d~velopment will not, at any time, operat~ below
peak hour, peak season LOS 'E'; sad
ilo Tb~ l~'d of s~vice (LOS) on say road serving tho
~ ia LOS 'Ii' for · p~od of mor~ th~ two (2)
years except where LOS 'E' is the LOS e~Rablishod
in t~ Growth Management Plan for a lm'ticular
ro~d.
(3) Before determining that any road segment is a deficient road segment,
t~ Growth Management Diszctor s~all undertake · detailed capacity
analysis of the road segment to ensure that the road segment's
operational conditions verify that it is a deficient road segment.
SEC. 3,15.5 LIBERAl, CONSTRUCTION. SEVERABILITY. AND PENALTY PROVISION,
3.15.5.1 The provisions of this Division shall be liberally construed to effectively carry out its purpose in
the interest of tho public health, safety, welfar~ and convenience.
3.15.5.2 If any section, phrase, sentence or portion of this Division is for any reason held invalid or
unconstitutional by. any court of competent jurisdiction, such portion sliall b$ deemed a separate,
distinct, and independent provision, and such holding shall not effect tho validity of the r~maining
portion.
Collier County J-1~2 Ot'wber JO. 19t}1
~ Devetopmem Code
Di~'l~on $, I$ t~(~Ca~ate P~bllc F#clllde~
3.1~.~.3 A violation of this Division shall be a misdemeanor punishable according to law; however, in
addition to or in lieu of any criminal prosecution, Collier County shall have the power to sue in
civil court to enforce the provisions of this Division.
Collier County $-16J October JO. 1991
Land Development Code
ARTICLE
IMPACT FEE,';;
· ~.-.~,.
TABLE OF CONTENTS
DIV. 4.1 ROAD IMPACT FEES ............
DIV. 4.2 PARK AND RECREATIONAl, IMPACT FEES ' 2
DIV. 4.4 REGIONAl, WATER SYSTI~M IMPACT FEE ......................... 4
DIV. 4.1 ROAD IMPAC~ FEF_~.
i!!~' Provision for "ro~l impact fees' in Collier County am conbdned in Collier County Ordinance 85-
~'~ 55, as may be amended from tin~ to tin~, 'and should be refertnced therein.
4.2 PARK AND RECREaTIONAl, IMP,~CT FEES.
m 049 ~506
DIV. 4.3 LIBRARY SYSI'EM IMPACT FEES.
ProVision for "lib~ry systzm impact fee~" in Collier County aru contained in Collier County
Ordimtnce 88-97, as may bo ~ from tin~ to time, and should bo referenced therein.
'D~. 4.4 ~IO~ WA~ ~~ ~A~ ~.
:: Pm~si~ for '~gi~! '~ ~ i~ f~' ~ ~llier ~unty am ~ ~ ~llier
. Co~ty ~~ ~, ~ ~y ~ a~d~ from ti~ m ti~, ~d should ~ ~f~c~ Iherein.
Collier Co~w~ 4-4 O~ober $0, 1991
~ D~lopmen~ Code
DIV. 4.5 ]I~,GIONAL SEWER SYSTEM I]VIPAC~ FEE.
Provision for "~gioual sew~r system impact fee' in Collior County are contained in Collier
County Ordinance 90-8'/, as may be amended from time to time, and should be r~fer~nced therein.
Collier County 4.$ . October $0. 1991
' ' ~ Develoi~ment Code
DECISION-MAKING AND ~DMINISTRATIVE BODIF$
TABLE OF CONTENTS
/,... DIV. $.1 BOARD OF COUNTY COMMISSIONERS ............................
~' SEC. 5.1.1 POWI~RS AND DUTIF~ ................. ' ............. · ..........
DIV. ~.2 PLANNING COMMISSION ...................................... 2
SEC. 5.2.1 ESTABLISHMENT AND PURPOI~ .......... : ........ ; ............. 2
/, $£C. 5.2.2 POWER~ AND Dl. rrl~ ........................................ 2
:+. SEC. 5.2.5 REMOVAL FROM OFFICE; FAILURE TO ATTEND MEETINGS .......... ~ .... 4
~' SEC. 5.2.6 OFFICERS; QUORUM; RULE~ OF PROCEDURE ...................... '.. 4
SEC. 5.2.? COMPENSATION ............................................
~:,. SEC. 5.2.9 STAFF ............................................. · ........ ;. 5
. $1~C. $.2.10 MEETINO$ ......................................... . ........ 5
;~.? DIV. $.3 BOARD OF ZONING kI?EALS ....
'"~-':" ' SEC. 5.3.1 ESTABI. JSHMEI~I' AND PURPOSE .................................
'" 81112.. 5.:t.2 POWERS AND DU'I'I~ ........................................ 6
~.;,. SEC. 5.3.3 BOARD MEMIIERSItIP ..... . .................................... 6
sec. 5.3.4 'mm {s oF OFmCi' . REMovaL ANy v^cANc ......................
'"~ SEC. 5.3.5 OFFICERS, EMPLOY11E~ AND F. XPENSF~ ........................... 7
~. SEC. 5.3.6 APFRO?RIATION$, FFE$ AND OTHER INCOME ....................... ?
.~: SEC. 5.3.7 STAFF .................................................... '8
~ SEC..5.3.8 QUORUM AND ¥OTINO ........ . ................................ 8 ·
"i~' 81112. 5.3.~' M11F-TINO8 ............................. ' .................... 8
SEC. 5.~. 10 OP11RATINO PRO~EDUIt~ ..................... : ............... 8
SEC. 5.4.2 pOWERS AND DUTIES .................. ' .......... ; ........... 9
S£C. $.4.3 BUILDING BOARD OF .I~JUSTM£WI'S AND APPEAI~ MEMBERSHIP .......... 9
10
SEC. $.4.4 QUORUM ..................................................
SEC..5.4.~ RECORDS ................................................. !0
SECL 5.4.6 GENERAL PROCEDURE ' ... .......... I0
SEC. 5.4.7 STANDARD APPEAL PROCEDURE; TIME UMW; FEE ................... I0
SEC. 5.4.9 DECISIONS OF THE BUILDING BOARD OF ADSUSTIVIENTS AND APPEALS ..... 11
SEC $ 5 2 POWERS AND DUI'lES ' 13
SEC. 5.5.3 BOARD MEMBERSHIP ...... 13
SEC. 5.5.4 OFFICERS ................................................. ' 14
SEC. 5.5.5 STAFF ' ' 14
· SEC. 5.$.7 MEETINO$ .................. . ................................ 14
SEC. 5.5.8 OPERATINO PRO~DIJR~ ........ ; ............ . ............ ....: 15
DIV. 5.6 BUILDING CONTRACTORS~ LICENSING BOARD ...................... 16'
SEC. 5.6.3 BOARD MEMBERSHfP ' 16
' SEC. 5.6.4 QUORUM, NEcEssARY VOTE AND MEETINGS ....................... 17
SEC. 5.6.5 ISSUANCE OF COMP~I'ENCY CARD ' 17
Collier County S-Il October $0, 1991
SEC, 5.6.6 APPEAL OF A DECISION OF THR CONTRACTORS' LICENSlNO BOARD 17
SEC. 5.6.7 MISCONDUCT BY A CONTRACTOR ............................... 17
SEC. ~.6.8 DISCIPLINARY PROCEEDINGS ...... ' ' 19
DIV. 5.7 COUNTY MANAGER .' ........................................ 22
SEC. 5.7.1 CREATION AND APPOINTMENT ................................... 22
SEC. $.7.2 JURISDICTION, AUTHORITY AND DUTIES ...................... ~ .... 22
DIV. 5.$ GROWTH MANAGEMENT DEPARTMENT ............. - .... ' ......... 23
SEC. 5.8.1 CREATION AND APPOINTMENT OF THE GROWTH MANAGEMENT
DIRECTOR 23
SEC. 5.S.2 JURISDICTION, AUTHORITY AND DUTIES.. ' , i3
DIV. $.9 COIVIMUNrrY DEVEIA3PMENT SERVICES DIVISION 2~
SEC. 5.9.1 CREATION AND APPOINTMENT OF THE COMMUNITY DEVELOPMENT
SERVICES ADMINISTRATOR .. ........................... ' ..... ~.. 24
SEC. 5.9.2 JURISDIC'. ION, AUTHORITY AND DUTIES ................... ........ 24
DIV. 5.10 DEVELOPMENT SERVlCF~ DEPARTMENT ' 25
SEC. $. 10.1 DEVELOPMENT SERVICES DIRECTOR ............................. 25
sec. 5.10.2 CUSTOMER SERVICES SECTION MANAGER ......................... 25
SEC. 5.10.3 PLANNING SERVICES SECTION MANAGER .......................... 26
· SEC. :5.10.4 PROJECT REVIEW SERVICE,q SECTION MANAGER ..................... 27
SEC. 5.10.$ COMPLIANCE SERVICES SECTION MANAGER ........................ 28
SEC. 5.11.1 GROWTH PLANNING DIRECTOR ................................. 29
DIV..5.12 HOUSING AND URBAN IMPROVEMENT DEPARTMENT ..... ' 31
SEC. 5.12.1 HOUSING AND URBAN IMPROVEMENT DIRECTOR '. ....... , ............ 3 I
DiV. 5.13 ENVIRONMENTAL ADVISORY BOARD ............................ 32
Collier ~ 5-til October JO. 1991
Laml Development Code
SEC. 5.13.1 ESTABLISHMENT OF THE,,/ ENVIRONMENTAL ADVISORY BOARD;
..,. ABOLISHMENT OF THE WMAB AND EAC ........................... 32
:~ SEC. 5.13.2 AUTHORITY, FUNC~FIONS, POWERS AND DUTIES ..................... 32
SEC. $.13.3 MEMBERSHIP .............................................. 33
$£C. 5.1~.4 OPPI¢£R$ AND SUPPORT STAFF . . .. ..............................
SEC. 5.13.5 MEETINGS, QUORUM AND RULES OF PROCEDURE .................... 34
SEC. 3.13.6 SCOPE OF LAND DEVELOPMENT PROIECT REVIEWS ................... 35
SEO. 5.13.7 APPEAL .................................................. 35
$£C. 5.13.9 RF-¥IEW PRO~'r.~q$ ...........................................
" . DI~. 5.14 HISTORIC/ARCHAEOLOGICAL PRESERVATION BOARD ............... 37
SEC. 5.14.1 CREATION ................ ' , ..... 37
SEC. 5.14.2 POWER. AUTHORITY AND JURISDICTION ' 37
· SEC. 5.14.3 MEMBERSHIP .............................................. 37
i,,' $1~C 5 144 ORGANIZATION 38 -:'~
SEC. 5.14.5 POWER~ AI~ DlYrI~ ........................................ 38
Collier County Sdv October $0. 1991
DIV. 5.1 BOARD OF COUNTY COMMISSIONERS.
SEC. ~.1.1 POWERS AND DUTIES. In addition ~o any authority granted to the Board of County
C~mmissioners by gen~d o~ special law, the Board of County Commissioners shall have the
followinl powun and dutio~:
$.1.1:1 To initiate, heat, consider and adopt amendments to the text of the Collier County Growth
Management Plan or the Land Development Code.
S.1.1.2 To initiate, hear, comities' and adopt amendments to the Futur~ Land Us~ Map of the Collier
County Growth Management Plan or the Officinl Zoning Atlas of the Land Development Code.
S,1.1.3 To de~i~ato and appoint heating o~cers to make decisions as tho Board may deem appropriate.
S.I.1.4 To act to ensur~ complianc~ with development orders or permits as approved and issued.
S.I.I.S To as~blish r~asonablo fee~ to !~ paid by applicants to recoup tho County's expenses and other
costs and to r~imburs~ t~ County for the administrative time and effort spent in accepting,
processing, r~viewing, or enforcing development orders, development permits, or any other
development approvals or applicatiom.
S.1.1.6 To take such other action not dele~_!_~_ to the Planning Commission, the Board of Zoning
Appeals, tho Building Board of Adjustments and Appeals, or tho heads of County Departments,
County Divisions and County Sections as the Board of County Commissioners may deem desir~ible
and necessary to implement tim provisions of the Collier County Growth Management Plan, the
Land Development C. od~, and any oth~r legitimate governmentsl interest.
DIV. $.2 PLANNING COMMISSION.
SEC. 5.2.1 ESTABLISHMENT AND PURPOSE.
There im hereby ast~blished a Pluming Conunission.
SEC. 5~2.2 i)QWERS AND DUTIES.
The Pl~ni.ag Commisaiotl shall have the following powers and duties:
5.2.2.1 To serve as the Local Planning Agency CLPA), and Land Development Regulation Commission
as required by Sections 163.3174 and 163.3194, Florida Statutes (1986).
5.2.2.2 To prepare or cause to be prepared the Collier County Growth Management Plan or elem~t'or
portion thereof and to submit to the Board of County Commissioners an annual report
recommending amendments to such plan, clement or portion thereof.
5.2.2.3 To prepare or cause to be prepamt the Land Development Regulations and Co'da to implement
tho Collier County Orowth Management Plan, and to submit to tho Board of~ County
Conunis~ioners an annual report recommending amendments to the Land Development Code.
5.2.2.4 To initiate, hesr,.consider and malco recommendations to tho Board of County Commissioners on
applications for amendment to the text of tho Collier County Growth Management'Plan and tho
Land Development Code.
· 5.2.2.5 To initiate, review, hear and make recommendations to the Board of County Commissioners on
applications for amendment to the Futura Land Use Map of the Collier County Growth
Management Plan or the O~cial Zoning Atlas of tho Land Development Code.
5;2.2.6 To hear, con~ider,, and make recommendations to the Board of County. Commissioners on
applications for conditional use permits.
5.2.2.'/ To n~ke its special knowledge and'expertise availablo u/on reasonable written request and
authorization of the Board of County Commissioners to any official, department, board,.
commission or agency of the County, State or federal governments.
5.2.2.8 To recommend to tho Board of County Commis-ioners additional or amended rules of procedure
not inconsistent with this division to govern the Planning Commiuion'k proceedings.
5.2.219 To perform those functions, powers and duties of the Planning Commission as set forth in Chapter.
67-1246, Laws of Florida, incorporated herein and by reference made .a part hereof, as said
Chapter has been Or may be amended.
5.2.2,10 To consider and take final action regarding preliminary subdivision plats processed pursuant to
i:.':, tho provisions of Div. 3.2.
'~' . Collier County $-2 October JO. 1991
" ~ Dewlopmen~ Code
,;
' S'~..~.2.3 COMMISSION MEMBERStllP.
:" 5.2,3.1 ~. Members of the Planning Commission shall be permanent residents and qualified
electors of Colli~ County. Although no specific experience requirements shall b~ necessary as a
. pre .r~quisite to appointment, consideration Shall tm given to applicants who have experience or who
have shown interest in tho aren of planning, ~_tng and r~lated fields. Further consideration in the
appointment of Planning Commission members shall be mad~ so as to provide the Planning
Commission with the needed technical, professional, 'bttsiness and/or administrative expertise to
nccomplish tho duties and functions of tho Planning Commission as set forth in this Code. Tho
appointment of all members to tho Planning Commission shall be by r~olutinn of tho Board of
County Commissioners. In tbe event that any member is no longer a qualified elector or is
convicted of a felony or an offense involving moral turpitude while in office, tho Board of County
Commissioners shall terminate the appointment of such person as a member of the Planning
Commission.
,',~ 5.2.3.2 ~. ~ plsnning Commission shall b~ composed of nine (9) members to be appointed
by tho ~ of County Commissioners.
$.2,3,3 Initial A_~_n~in~ents. Initial appointments to th~ Planning Commission shall be mad~ by selection
from tho~ members and/or alternates serving on the Coastal Ar~ Planning Commission and those
members and/or alternatea serving on tho Immokalse Area Planning Commission immedintely
prior to the effective darn of Ordinance 85-51. Tho Board of County Com~sioners shall
designate seven (7) members from tho regular'members and/or alternate~ of tho Coastal Area
Pla~w. ing Commission and two (2) members from tho regular members and/or alternates of the
lmmokalen Area plam~ing Commission. If, for any r~son, them is an insufficient number of
regular and/or alternate members from which to desiguat~ tho membership of the Pl~mnlng
Commission, tho Board shall r~luest and -___,~c~pt applications from tho general public to complete
the initial appointment of members to th~ Planning Commission. Initial members shall be
appointed and designated pursuant to resolution of tho Board of County Commissioners..
5.2,3.4 ~. All reappointments to thn planning Commission shall be made so as to achieve
tho following geogrsphical distril~tion of membership:
One member - County Commission District No. 4
" (City of Naples)
Two members - Co~m.ty Commission District No. 1
(Marco and East Naples)
Two members - County Commission District No. 2
(North Naples)
Two members - County Commi'ssion District No. 3
(Golden Gat0)
~ members - County Commission District No. 5
(Immokalee)
SEC. 5.2.4 TER~,IS OF OFFICE. Tha initial terms of office of ~o. Planning Commission shall be as follows:
Tlu~o (3) members shall be appointed for a term of two (2) years.
Three (3) members shall be appointed for a term of thrpo (5) years.
'Three (3) members shall be appointed for a term of four (4) years.
Thereafter, each appointment or reappointment shall be for a term of four (4) years. Each
appointment and reappointment shall bo made so that tho terms of any two (2) meml~rs from a
single Commission District dudl not expire in the same year.
At the first official meeting of' the Planning Commission, the members of the~. Planning
Commission shah decide, by mutual consent, and therea~..r recommend to the l~oard of County
Commissioners · term for each of tho members that shall address the requirements of Sec. 3.2.3
of this Code. After consideration and approval of the recommendation of the P. lanning
Commission, tho Board of County Commissioners may set forth tho recommendation in the form
of' a resolution. In the event that terms cannot be recommended for any reason, tho Board shall .-.
adopt such resolution u it determines to be appropriate. The resolution adopted by the 13?ard shall
set forth the date of appointment, term and district for each member appointed.
A member may be reappointed by the Board of County Commissioners for only one (!)
term, unless there are no other qualified applicants for the member's position. Appointments to
fill any vacancy on the Planning Commission shall be for the remainder of the unexpired term of
o~ri~ce.
SEC. $.2.5 REMOVAL FROM OFFICE: FAll,TJRE TO ATTEND MEETINGS.
5.2.'5.1 Any member of the Planning Commission may be removed from office by · four-fifths (4/5tbs)
vote of tho Board of County Commissioners, but such member, shall be entitled to a public hearing.
and reconsideration of ~ vote if he so requests in writing within thirty (30) days of tho date on
which tho vote is taken.
'5.2,5,2 If any member of the Planning Commission fails to attend two (2) consecutive Planning
Commission meetings without cause, the Planning Commission shall declare tho member's office
vacant and tho vac~cy shall be filled by the l~oard of County Commissioners.
· SEC, 5.2.6 OFFICERS: OUORUM: RULES OF FROCEDURE.
5.2.6.1 At its earliest opportunity, tho membership of tho Planning Commission shall clect a chairman and
vice chairman from among tho members. Officers' terms shall be for one (i) year, with eligibi!ity
for re-election.
5.2.6.2 The presence of five (5) or more members shah constitute a ~uorum of th° Planning Commission
neceasary to take action and transact busine~. In addition, a simple majority vote of at least five
(5) members present and voting shall be necessary in order to forward a formal recommendation
of approval, approval with conditions, denial, or other reconunendation to the Board of County
.~ $.2.6.3 The Planning Commission ~hall, b~ · majority vote o~' the entire membership, adopt rules of
procedure for the transaction of besiness and shall keep a record of meetings, resoluiions, findings
and determinations. Tbe Planning Con%mission may provide for transcription of such hearings and
proceedings, or poaion~ of heatings and proc_,_'ed__ings, as may be deemed necessary.
:
SEC. 5.2.7 (~OMYENSATION.
The members of the Planning (~.ommission shall serve without compensation, ~ may be
reimbursed for such travel, mtlea~ and/or pet diem expenses as may be authorized by the Board
of County Commissioners.
SEC. 5.2.8 LOCATION OF MEETINGS.
In order ~o provide convenience and promote public participation, at least one (1) of ~ery fou~
(4) meetings of Ibc Plannlnl Commis~ion shall be held in the Immokalee area; but daly when
matters pending before em Planning Commission eo~ern ot addruss Immokalee area planning and
considerations. All other meetings shall be held at the Collier County Oovemmeni Center, Naples,
Florida, unless otherwise specified by the Planning Commission or Board of County
Commissioners.
SEC. 5.2.9 STAFF.
:. The Community Development Sen-ices Division shall be the professional staff of the Planning
.,.. SEC. 5.2.10
~'?~:'' 5.'2.10.1 The Planning Commission may, from time to time, adopt and amend bylaws and rules of
.. procedure not inconsistent with the provisions of these regulations. Such proposed rules of
'.~i: procedure shall be considered as if they were amendments tothis Article.
5.2.10.2 All meetings and heatings of the Planning Commission shall be open to the public. .-
5.2.10.3 Public hearings shall be set for · time certain after due public notice.
Collier County .,e.$ Octaber $0. 1991
Land Devetopment (.'nde
DIV. 5.3 BOARD OF ZONING APPEALS.
'SEC. 5.3.1 F.,STAI~LISHMENT AND PURPOSE.
~ Ther~ is hereby established · Botrd of Zoning Appeals.
SEC. 5.3.2 pOWER5 AND DUTIES.
Thz Bo~d of Zoning Appeals ~ali havz ~h~ followin~ powers ~nd duties:
5.3.2.1 To hear, r~view md approvz, approvz with conditions, or deny varimce~ to tha terms of them
5.3.2.2 To hear, review and appmva, appr~'~ with condigons, or deny appeals fr~m inteqn~a~ions of
i~ thz ~row~h Mma~ment Plm, ~ Putum Land U~z Map, th~ Codz, or ~a Official Zon~g Atlz~
i!i~ by thz l~v~lopm~t 5~rvic~ Director or tl~ Omw~h Plznnin~ Dir~c~n'.
5.3,2.3 To m~z its special knowlodg~ and zxperti~ availabl~ upon written request md ~utho~fion of
thz Board of County C.~nmi~ione~ to shy official, depann~nt, board, or c, ommiuion of
County.
5.3.2.4 To recommend to thz Board o~ County ~mmizsioner~ ~dditional or amended roles of pr~edur~
not incon~i~zm With ~is divtsio~ to ~m~rn th~ l~rd of Zoning ^ppeal.~'
~'~ 5.3.2.5 To perform thosz run, ions, powers and dutie~ of fl~ Board of Zoning Appeals as set forth in
Chapter 67-1246, Laws of Florida, incorporated herein and by r~ferencz madz a part hereof, as
said Chapter I~s been or may b~ amended.
ac.
tnd residents of th, County for two (2) years prior to appointment. In th~ zvent that any member
is no longer a qualified elector or is convicted of a felony or an offen~ involvin~ moral turpitud,
whilz in office, th'~ Board of County Commissioners shall terminatz thz appointment of such
person as a member of thz Board of Zoning Appeals.
5.3.3.2 A~oointme~l. 'l'hz Board of County Commis~i0ners may appoint a Board or Boards of Zoning
Appeals for i~s planning area or areas, or may act as such Board or Boards of Zoning Appeals
itself. Board~ of Zonin~ Appeals shall hav.~ not less than fivz (5) nor mom than ten (10) members.
Not more than two (2) members of a Board of Zoning Appeals may be members of a Plan~ing
bEC. 5.3.4 TERMS OF OFFICE. REMOVAL AND VACANCIES.
Unless thz Board of County Commissioners acts as a Board of Zoning Appeals, then terms of
office, removal from office and vacancies shall bz treated as follows:
$2.4.! ~[k~. Terms of office of members of the Board of Zoninj Appeals shall bo for not less than two
(2) nor moro than four (4) years, and not moro.than a minority, of such members* terms shall
expir~ in any ou~ (1) year.
5.3.4.2 ~emova~. Any ~bor of a Board of Zoning Appeals may bo removed from offic~ for just caus~
by four-fifths (41$th's) vote of tho full nmnborship of tl~ Board of County Commissioners, but
=~ch member shall bo entitled to a public hearing if he so requests in writing within thirty
days of the dam upon which th~ vote is taken.
5.3.4.3 VacancT. Wherever a vacancy .occurs on a Board of Zoning Appeals Which reducea tho
membership of the Board of Zoning Appeals below five (5), the Board of County Co ,n~ni. 'ssloners
shall fill s~ch vscancy for the r~mainder of tbo term, within thirty (30) days aM the vKancy
occurs. No meetings of i Board of Zoning Appeals shall bo held when the membership is less than
five (5).
SEC. 5.3.5 OFFICER~. EMPLOYEES ANI} EXPENSES. _..
5.3.5.1 Boards of Zoning Appeals shall elect a chairman and vi(o-chairman from among the ~nembors,
and may cream ind fill such other officers as a~ determined to bo necessary. Terms of all offices
shall b~ for one (I) year, with eligibility for re-election. ;
5.3.5.2 Boarda of Zoning Appeals shall adopt rules for the transaction of businesa, and shall keep a record
of rMolutious, trinsa~tions, findings, and determinations. Boards of Zoning Appeals .may provide
for transcription of such hearings and proc__-_,~___inp, or portion of hearinh, s knd proc__~_ lags, as may
bo deemed necessary. All ~ records shall bo public records.
$,3:5,3 Boards of Zoning Appoall may, subject to fha approval of the Board of County Commissioners
and within the f'mancial limitations set by appropriations made or other funds available, employ
such experts, technicians and staff as may bo deemed proper, pay their salaries and make such'
other expenditures u am neceses'ry to conduct the work of the Board of Zoning Appeals and
effectuat~ its purposes.
5.3.5.4 Members of Boards of Zoning Appeals may receive such travel and other expenses while on
officill business fo~ the Bcird as a~ made available by the Board of County Commi~siouera for
SEC. 5;3.6 APFROPRIATIONS. FEES AND OTItER INCOME.
The Board of County Commission(ns is hereby authorized and empowered to make such
appropriationa as it may see fit for the conduct of the work of the Board of Zoning Appeals. The
Board of County Commissioners is authotlzed and empower, to establish a schedule of fees,
charges and expenses, and a collection procedure therefor.
.. sEc. ~.z.? s-r~,n~. ~,~,,.:
The Community .E~-velopme~t ~vic~ Oiviaioa dudl be the profe~ional gaff of the Board of '~:
' Adj.u~tm~t.
SEC. 5.8,8 OUORUM AND VOTING.
· No meeting of tl~ Botrd of Zoning Appel. ,hall be c~lled to order, nor rmy any buaiae~ be
t~ted bY tho Botrd of Zoolng Appetla without · quorum coral·ting of at leag three (3)
~' members of the Board of Zoning Appetls beihg preset. All actions shall require .z simple
majority of the members of the Board of Zoning Appeals then pr~ent and voting except for
conditional u~es, which r~luim four ~4) ·flirmative votes,
~ SEC. 5.3.9 ~.
$.3.9.1 Meetings of the Bo~xl of Zoning Appeals ,hall b~ held aa needed to dlapoaa of matters properly
~: before the lkmrd md m~y bo ailed by the Ch~immn or in writing by thr~o (3) members of the
ao~rd of Zoning Appesls..
5.3.9.2 The loc. Uion of meetings ~udl tm in County Offic~ in Nspl~. if · martin' is poatponed duo to lack
of a quorum, the Ch~rtmm droll coat;nun the meeting ~m · ~ecial meeting to be held within seven
(7) cl~yl th~rmf~t'. In c~o of d~layt c~uml by otber mlsot~, tho he·ring ~all be r~chedulexi
to the next Bo~rd of Zotfing Appeals meeting. Tho ,Secr~mry sh~li notify all members of the d~te
of the continued hearing md ,dm sh~ll notify ~Ji pmies.
SEC. 5.3.10 OPERATING PROCEDURES.
· $.3.10.1 The Board of Zotfing ^pills mey, from tim to time, ~lopt mai amend byhm's and rules of
procedure not incomisteat with tim provisions of ~ regulations. Such proposed rules of
procedure sh~li be comidemi u if th~ w~ta mmdmmts to this Article.
· 5.3.10.2 All meetings and. hearings of' the Bo~rd of ^djt~tment dali Ix~ open to the public.
;~,'~. '- 5.3.10.3 Public hearings shall I~ s~t for a tirt~ c,e~in. '
Co. er Cmsmy $'~ October JO, 1991
I. amd D~toprnent C. tnlt
~' D~. ~.4 B~D~ BO~ OF ~~~S ~ ~~.
~ is ~y ~li~ a Build~g ~ of Adj~ ~ A~s. ~ ~ of ~e
p~gs.
ffi 049~.523
on matters concerning the Collier County Standard Building Code, Collier County Electrical Code,
Collier County Fire Prev~tion Code, Collier County Gu Code, Collier County Mechanical Code,
Collier County Plumbing Code, and Collier Co~mty Swimming Pool Code: one State Licensed
architect or one structural .engineer, one Class 'A' general contractor; one State Certificd fire
protective equipment contractor or State Certified Fire Fighter with tho rank of Lieutenant or
higher or State Certified Fire Safety Inspector with the rank of lieutenant or higher;, cmo licensed
e]ectrical contractor;, and one licensed plumbing or mechanical contractbr. Tho members shall
sene for a term of four (4) years, except for initial appointees who shall serve as follows: two
(2) t'or a term of one (1) year, two (2) for ri'term of two (2) years; one (i) for a term if three (3)
ye. ars.
SEC. 5.4.4 OUORUM.
Three (3) members of the Building Board of Adjustments and Appeals shall constitut~ · quorum.
In varying the application of any provision oftbo Collier County Standard Building Code, Collier
County Electriud Code, Collier County Fire Prevention Code, Collier County Oas Code, Collier
County M0cha~ic~l Code, Collier County Plumbing Code and Collier County Swimming Pool
Code or in rnodl~lng an order of the Building Official or tho Public Safety Admini~rator,
affirmative vote of not less than th.r~ (3} Building Bonrd members shall be required..
The Building Offi. cial shall act as Sacreta~y oftbo Building Board of Adjustmmt~ and Appeals and
shall mike a detailed record of all its proceedings which shall include, b~. shall not bo limiad to,
all appeal decisions, tho reasom for its decisions, tho vow of each member participating therein,
the abs~co of s member and any failure of · member to vote.
SEC. $.4.6 GENERAL PROCEDURE.
The Building Board of Adjustmeu.ts and Appeals shall establish rules'and regulations for its own
procedure not inCOnsistent with the provisions of tho Collier County Building.Code. The Building
Board shall meet within fifeen (15) days after any notice of appeal has been received in order to
h~ar such appel.
SEC. $.4.7 ~TANDARD AFl'AL PROCEDURE: TIME LIMIT: FEE.
5,4.7.1 Whenever Building Official shall reject or refuse to approve the mode or manner of construction
proposed to be followed or maWriaia to be used in tho erection or alt,~'ation of a building or
structure, or when it is claimed that tho provisions of Collier County Standard Building Code,
Collier County Electrical Code, Collier .County Fire Prevention Code, Collier County Gas C .ode,
Collier County Mechanical Code, Collier County Plumbing Code or Collier County Swimming
Pool Code do not apply, or than an eqmtlly good or more cinsirable form of construction can be
employed in any specific case, or when it is claimed that the tree intent md meaning et' tho Collier
County Standard Building Code, Collier County Electrical Code, Collier County Fire Prevention
Code, Collier County Gas Code, Collier County Mechanical Code, Collier County Plumbing Code
or Collier County Swimming Pool Coda or any of the regulations thereunder have been
misconstrued or wrongly interpreted, the owner of such building or structure, or his duly
authorized agent, may q~esl from the decision of the authority having jurisdiction to the Building
Board of Adjustments and Appeals. Notice of appeal shall be in writing and on appeal forms
provided by the Secretary of the Building Board. Notice of apical shall be filed at the Project
Revio~v Servicea Section oftbe Development ~rvices Department within thirty (30) days after the
decision to bo appealed is r~lered by the authority having jurisdiction, except as set forth in the
Interlocal Agreement Appeals Procedure. A fee in tn amount to bo set by the Board of County
Commissioners shall accompany any such notice of appeal filed pursuant 'to this section.
5.4.7.2 In the case of a building or structure which, in the opinion of the authority having j~isdiction,
is unsafe or dangerom, the authority having jurisdiction may, in a written order to the
limit the maximum time period for. filing such appeal to a shorter period~ but in no event shall the
appeal period be le~a than ten (10) days.
SEC. 5.4.8 I'NTERLOCAL AGREEMENT API'EAL PROCEDURE.
The Building Board of Adjustments and Appeals is hereby authorized to accept appeals and render
decisions thereon, pursuant to interlocal Agreements between Collier County and Independent Fire
Districts which have entered into such agreements. The basis for such appeals shall bean. set fort~
in, and in accordance with, the Interlocal Agreement. With regard to ali other p~.edural
requirements, such appeal shall adhere to the standard operating procedures and policies of the
Building Board of Adjustments and Appeals.
SEC. 5.4.9 DECL~IONS OF THE BUILDING BOARD OF ADJUSTMENTS AND APPEALS.
5.4.9.1 The Building Board of Adjusttnents and Appeals, when so appea~ed to a~d after a hearing, may
vary the application of any provisions of the Collier County Standard Building Code, Collier
County Electrical Code, Collier Ccmnty Fire Prevention Code, Collier County Oas Code, Collier
County Mechanical Code, Collier County Plumbing Code or Collier County Swimming Pool Code
to any particular ca~ when the Building Board determines that the enforcement thereof would do
rnanife~t injustice, and would bo c0n. trary to the spirit and purpose of ~he cede or public interest,
or when, the Building Board det~'minos that the interpretation of the authority, having jurisdiction
should bo modified o'r reversed.
5.4.9.2 The Building Board of Adjustments and Appeals shall, in every case, reach a decision without
unreasonable or un~c. essary delay, but in no case shall a decision bo rendered moro than thirty
(30) days from the hearing on the appeal.
5.4.9.3 A decision of the Building Board of Adjustments and Appeals to vary the application of any
provision of applicable codes or to modify an order of the authority having jurisdiction shall
specify in what manner such variation or modification is made, the conditions upon which it is
made, and the reasons thereof.
5.4.9.4 Every decision of the Building Board of Adjustments and Appeals shall be final, subject however
to such remedy as Collier County, any owner, or aggrieved party pursuant to an Interlocai
Agreement, might have at law or in equity. Tho decision shall be in Writing and shall indicate the
vote of ~ach member upon the decision. Every decision shall be promptly filed in the o. fftce of the
autl~rity having jurisdiction and shall be open to public inspection. A certified copy shall b~ sent
C'olllcr (.'ounty $. . October JO. 1991
by -~iI or othet~ ~o the at~01hmt wlthi~ fit~ (1~ ~ f~m ~o ~ of ~h d~i~i~ md
· ~ ~1 ~ ~ ~bli~ly ~ h ~e o[~ o[ ~o ~u~o~ ~.~ ju~i~lion for ~o (~)
w~ a~ filing.
' ~.4.9.5 If a d~isi~ of ~e BulldOg ~M of Adj~a ~ A~s ~m ~ ~ifiu a ~1,
o~, or di~l~ of ~ au~fi~ ~g j~icti~ or vafi~ ~e a~li~tion of ~y
' pm~si~ of'a~li~l~ ~, ~, au~ ~ving jufi~icti~ ~11 i~i~ly ~e ~tion ~
~ ~ ~h ~i~.
Co/i/er ¢otmt7 $-12 · October JO.
DIV. 5.5 CODE ENFORCEMENT BOARD.
SEC. $.$.1 ESTABLISHM~ AND PURPOSE.
Them is he~.by ~li~hed a Collier County Code Enforcement Board in ~.ord~w~ wiih ~he
provisions of Seciion 162.01 {~. {2/., Florida S~lut~ (1985).
~:; SEC. 5.5.2 POWERS .~'D DUTW.~. '
Tho Code £nf~t Board ~ hive the followins powers and duti~:
5.5.2.1 To hold hearings and to mako findings of fact and conclusions of law u are necessary to enforce
tho provisions of tho Growth Management Plan, Land Devolopment Code, tho occupational
lica~e, fir~, building, electrical plumbing, animal control, and all other technical codea of. Collier
County except trsffic violations.
$,S.2.2 To adopt rulea of pror. eduro for tho conduct of hearings.
$.5.2.3 To ismM subpoenas compelling tho 'pruence of persons at Coda Enforcement .Board hearings.
Subpoenas may bo served by tb Collior County Sboriff's Department.
$.5.2.4 To issue subpom~, compelling the provision of ~vldence at Code Enforcement Board hearings.
· S.$.2.S To take tc~imofly under oath.
$.$..2,6 To issue ordars having tho force of law commanding whatever stops arm nocosnry to achieve
compliance with tho County'a {~,hnical oudeL
; · $.$.2.7 To levy fines not to oxc__eed two hundred and fifty dollars ($2.50,003 for each day a violation
continu~ past a date.for for compliance in a Boanl order.
SEC. $.5.3 BOARD MEMBERSHIP,
'? . $,$.3,1 {~. ]Vi~t~bora of tho Code Enforcement Board shall bo qualified electors in Collier
County. Itt the m~t2t that any m~mbor is no longer a qualified elector or is convicted of a felony
or an offense involving moral turpitude while in office, tho Board of County Commissioners shall
terminate tho appointment of such persons aa · member of tho Code Enforcement Board. Th~
mcmbcrship of tho Code Enforcement Board shall, to tho maximum extent ix~..siblc, include an
architect, a businessman, an engineer, a g~n,~al contractor, a subcontractor, and a realtor.
$.5.3.2 ~0uointmeflt. Tho Code Enfotx~ment Board shall bo composed of s~ven (7) members. Members
of tho Code Enforcement Bo~rd shall bo appointed by tho Board of Codnty Commissioners.
5.5.3.3 Terms. All members shall s~rvo a term of three (3) years. All members serving on thc Code
Enforcement Board on tho effective date of tho Land Development Regulations shall colnpleto their
terrm according to their prior appointments.
coutrrCo~nty ~" 527 oc,o~r Jo. t~t
~; ~l'r ' ' 5.5*3.4 ~aliDllinaagon. Members shall serve without compensition but may be reimbursed for such
" travel, mileage and per diem expenses as may be authorized by the Board of County
' Commissioners.
". 5.5.3.5 R~oval. Any member who fails to attend two (2) of.three (3) successive meetings without cause
~. and without prior approval of the Chairman diall automatically forfeit his appointment, and the
~ Board of County Commissioners shall promptly fill such vacancy.
SEC. s.s.4 Olq~l~.
S.5.4. l At an annual organizational meeting. ~he members of the Code Enforcement Board shall elect one
(1) of their members as Chairman and one (1) as Vice-C*hairman. In the absence of the Chairman,
~ the Vice*Chairman shall act as Chairman and shall have all powers of the Chairman. The
Chairman shall serve a term of one (i) year. No member shall sense as Chairman for more than
two (2) consecutive terms.
5.5.4.2 The Chairman shall admini. 'stet oathS, shall be in charge of all proceedings before the Code
Enforcement Board, and shall take such action as shall be necessary to preserve drder and the
integrity of ali proceedings before the Code Enforcement Board.
5.5.4.3 Secretary_. The Code Enforcement Board shelf appoint a ,Secretary. The Secretary shall keep
minutea of ali proc__,",_'d__ings of the Code Enforcement Board, which minutes shall be · summary
of all proceedings before the Board, attested to by the Secretary, and which shall include the vote
of each member upon every question. The minutes shall be approved by a majority.of the
members of the Board voting. In addition, the Secretary shall maintain all records of the Boakl,
meetings, hearings and .prc-.,~x'ed____ings, the correspondence of the Board, and · mailing list of
p~rsons wishing to receive notices of meetings, agendas or minutes and who have paid an annual
fee set by the Board of County Commissioners to cover copying and mailing costs.
SEC. 5.5.5 STAFF.
The Community 'Development Services DivisiOn shall be the professional staff of the Code
= :'. ..'. Enforcement Board. .
'.-, ,
SEC. $.5.$ OUORUM AN[} NECESSARY VOTIL
No meeting of the Code Enforcement Board shall be called to order, nor may any I~usine~s be
transacted by the Code Enforcement Board, without a quorum consisting of at least four (4)
members of the' Board being present. At least four (4) members of tho Code Enforcement Board
must vote in order for an action to be official.
SEC. 5.5.7
5.5.7.1 Regular meetings of tho Code Enforcement Board shall be held no less frequently than once every
two (2) months. Special meetings may be called by the Chairman of tho Code Enforcement Board,
or in writing by four (4) members of tho Board.
~ CoUler County $-/4 ' O~tober 30./9~/I
· ~. $.~.?.2 T'ne location of meetings shall be at the County o~ces at Naples.
$.$.7.3 H~i. 'rigs of the ~ Enforcement Board may be called by the Chairman at the request of the
:" Code Compliance Supetn~or, or by writte~ notice signed by at least three (3) members of the
Code Enforcement Board.
SEC..5.5.8 OFERATING PROCEDURES.
5.5.8.1 All casea brought before the Code Complianc~ Supervisor, the Licensing and Enforcement
~r
i? $.S.8.2 All meetings and hearings of the Code Enforcement Board shall be open to tho public.
" $.S.8.3 Public hearings shall be set for a tirno certain.
~.. ¢_.o411er Coumy $-I$ October $0, 1991
"~ Land Devetopmen~' Code
f' ' DIV BUILDING CONTRACTORS LICENSING BOARD.
SEC. ~.$.1 CREATION AND APPOINTMENT.
There is hereby established a Building Contractors' Licensing Board.
SEC. S..6.2 POW]ERS AND DUTY.
i?~ Th~ Building Contractors' Lic~mlng Board shall havo th~ following powors and duties:
~,6.2.1 Upon rd~x'nc~ by tho Contr~or Licensing Sup~visot, detm~min~ th~ qualifications of spplicants
for tho variotm c~t~gori~ of Contractors' C~rtificat~ of Competency as measured b~ standards
stated in this division.
~., $,6,2,2 Hold h~arings to detm~tn~ if a C~r~iflcate of Comp~tuncy of any ¢ontnctor, mister or
, joumeym~n should b~ disciplined und~ this division.
$.6.2.3 Direct a ~.omplaint to be filed for prosecution of a contractor or other person for tho vilolation of
this division.
: ~, ' SEC. $.6.3. I~OARD MEMBERSHIP.
?>'~"~ ' S,6,3,1 ~. 'f~ Contra~ton' Ll~nslnl ~ shall b~ compo~d of nino (9) members who
~" shall bo appointed by tho Board of County Commissioners. Tho Board of County Csmmissioners
may also appoint altemat~ members-as it deems approi~am. Tho nln~ (9) members of tho
Contractors' Licensin~ Board shall consist of a licensed architeet, a licensed general contractor,
a licensed engineer, a licensed electrical contractor, a licensed plumbing contractor, a licensed
mechanical contractor, a licensed roofing contractor, a licensed r~sidential or building contractor,
and a licensed repr~entativo from ono of tho other trades or professions r~iuiring · competency'
~ provided in ~is division. This' section is merely directory, and failure to hav~ a member of
each of these tra~Ves shall n~t b~ grounds for voiding any action of the board.
5.6.3.2 Terms of Office. Terms of office for ~ach member of tho Contractors' Licensing Board shall be
two (2) years. Each member shall hold offi~ under his successor has been appointed and has
a.~.~um~ his duties on tl~ Board. ..
' $,6.3.3 ]~dmRY~. A rnsmber of tho Contractors' Licensing Board may bo removed from offic~ for any
cause by a majority vot~ of tho Board of County Commissioners.
5,6.3,4 Vacnncv. Any vacancy occurrin~ durin~ lbo unexpired term of office of any member of the
Contractors? Licensing Board shall be filled by the Board of County Commissioners.
" ~6,3,$ ~l.~l~, Tho Coniractors' Licensinl Board shall el~:t o chairman and vi¢~-chairman from its
membership.
Collier Caunty $-16 Ocwber JO, 1991
: ~ D~ttqnntnt Code
5.6.3.6 Secretary and staff. The Contractor Licensing Supervisor shall act as secretary to the
Contractors' Ucensing Board, and the Community Development Services Division shall be tho
professional staff of tho Contractors' Licensing Board.'
SEC. 5.6.4 OUORUM, NECESSARY VOTE AND MEETINGS.
The Contractors' Licensing. Board s~ll bold not less ~an four (4) quarterly meetings. Regular
meetings shall be called by the chairman of the board, and in his absence by the vice-chairman,
or in his absence tho board shall elect a temporary chairnum. Five (5) members shall constitute
a quorum for any meeting, and · majority vote of those present shall be required to make any
decision. ·
SEC. 5.6.5 ISSUANCE OF COMPETENCY CARD.
When the Contractors' Licensing Board shall have determined that an applicant is qualified for a
particular type of Certificate of Competency, the Competency Card shall be issued by the
Contractor Licensing Supervisor.
bEC. 5.6.6 APPEAL OF A DECISION OF THE CONTRACTORS' LICENSING BOARD.
5.6.6.1 Any pers6n aggrieved by an adverse decision of tho Contractors' Licensing Board may al~eal such
decision to tho Board of County Commissioners in writing, with attached verbatim record,
supportive data, and a fee of twenty, five dollars ($25.00) to defray tho administrative cost of the
appca] within fifteetl (15) dayll ·l~,r such aggrieved decision is rendered and reduced to wi-iting
by the Contractors' Licensing Board.
$.6.6.2 Tho Board of County Commissioners shall determine a date when such appeal shall be considered
and notify tho Contractors' Licensing Board, tho appellant and the affected building contractor by
return receipt requea~d mail.
5.6.6.3 The bearing by the Board of County Commissioners shall be based solely upon tho record made
.,, before tho Contractors' Li0ensinI Board.
$.6.6.4 The failure ot' a licensed ~ntractor or complainant to appeal · decision Of the Contractors'
Licensing Board within fiReen (15) days after such decision is rendered shall make such decision
final.
· SEC. 5.6.7 MISCONDUCT BY A CONTRACTOR.
· Tho following actions by n licensed contractor shall constitute misconduct:
5.6.'/.1 Combining or conspiring with an unapproved contractor by allowing one's certificate of
competency to be used by an unlicensed contractor to evade the provisions of this division. When
a licensed contractor acts as the qualifying agent for any firm without first making application
under this division to preset said firm, such act shall ccinstitute prima facie evidence of a
'. violation of the pro;.,isions of this division.
Collier County $-! ? October $0. 1~91
Land D~lopmc, n~ Cod~
-!, 5.6.7.J Contract to do any work outside of the scope of hi. comi~ency as listed on his competency card
and as defined in this article or as restricted by the Contractors' Licensing Board.
~:'~, 5.6.?.3 Abandon without le~! excum a construction project or opcwation in which he is engagccl or under
;..~. contrnct as a contractor.
':' 5.6.7.4 Divert funds or property ren~ved f~ the execution of ~f specific contract project or opention or
divert funds earmarked for a specific purpose to any other use whatsoever.
· 5.6.7.5. Depart from or disregard in any material respect tho plans or specificatiot~s of a construction job
~ ' without tho consont of tho owner or his duly authorized representative. ..
5.6.7.6 Disregard or violate, in the performance of his contracting business, any of the building, safety,
health, insurance or workmen's cornpenution laws of the State of Florida or ordinances of thin
Counly,
5.6.7.7 Falsify or misrepresent any material fact in bis application and supporting papers for the .pUrpo~.
of obtaining a certifl~at~ of ~omp~m~y under this division.
5.6.7.8 Fail to gu!fill bis contractual obligation through inability to pay all creditors for material furnishe~ '
or work or services performed in the operation of his business for which he is licensed h~rmmder.
5.6.7.9 Aid or abet an unlicensed person to.evade the provisions of this division or allow his lir, c.~sz to
be used by an unlicensed person, or to act as an agent, partner or associate of an unlicensed
person with the intent to evade the provisions of this division.
5.6.'/.10 Do any fraudulent act as a contractor by which another is substantially injured.
5.6.7.11 Fail to make geed faulty workmanship obviously performed or faulty materials obviously installed
in evasion of performance of the contract or specifications agreed upon under the terms of the
contract.
5.6.7.12 Failure to maintain at all tima~, with an insurance company authorized to do business in the State
of Florida, the limittof liability insurance required by any other applicable law or aUthority having
jurisdiction, but not less than one hundred thousand dollars ($100,000.00) per person, one hundred
thousand dollars ($100,000.00) per occurrence, and twenty-five thousand dollar~ ($25,000.00)
property damage. '.
5.6.7.1~; Failure to file certificates, signed by the qualified agent of the insurer, with the secretary of the
Contractors' Licensing Board showing th~ type of policy issued, the policy number, the name of
the insurer, the effective date of the policy,,an agreement by the insurer to give thirty (30) days'
written notice by mail to the secretary of the Contractors' Licenning Board of the intent to cancel
tho f~,licy. Uinm verification of cancellati~m of in,,ursnco, tho ,mcretary of tho Contractors'
Licensing Board shall suspend the certificate of competency and report the matter to the ·
Contractors' Licensing Board. ..
5.~.?.J4 Failure to accept certified mail directed to the contractor by the ContraCtOrs' Licensing Board.
Colll#r County ~ October JO, 11,91
l~nd Development Code
5.6.7.15 Failur~ to maintain a current mailing addr~s.
5.6.?.16 Failure to appear in person or through st duly authorize~l representative at any scheduled hearing
on a complaint filed against the contractor.
5.6.7.17 Conviction of a felony relating to contracting.
5.6.7.18 Incompetence or negligence in conducting work which is in violation of existing codes.
5.6.7.19. Taking a qualifying exam for another.
5.6.7.20 Engaging in I~tsiness during a period of suspension.
SEC. 5.6.8 DISCIPLINARY PROCEEDINGS.
5.6.8.1 Upon its own motion, the Contractors' Licensing Board may initiate disciplinary proc.eedings
against a licensed contractor,
5.6.8.2 Any person who believes that a contractor holding a certificate of competency has violated Sec.
5.6.7 of this article may file a sworn complaint with the secretary to the Contractors' Licensing
Board on a form provided by the secretary with a fee of fiRy dollars ($50.00) to oaufray the
administration costs of the complaint. The compln!_n_!_ng patty shall state with particularity which
portion of this article has been violated by tbs contractor. Tim complaini form shall be
substantially as issued by the Contractor Licensing Supervisor. Upon receipt of a charge of
misconduct by the Contractors' Licensing Board or a private party, the building director or his
designee shall send, by certified mail, re, mm receipt requested, a letter to the licensed contractor
at his last-known address, as shown by the records of the Contractors' Licensing Board,
indicating:
5.6.8.2.1 The name of ~ complainant.
5.6.8.2.2 The time of conuni~ion of the alleged offense,
5.~.8.2.3 T'ne section of this article a~leged to be violated.
' '5.6.8.2.4 The date, time and place at which the qualified contractor is; to appear before th~ Contractors'
Licensing Board for disposition of the complaint. The date scheduled shall be not sooner than
twenty (20) days from the mailing date of the certified letter.
5.6.8.3 An administrative heating shall be held concerning the complaint and it shall be open to the
public. The hearing itself shall be governed by the following roles:
5.6.8.3.1 The proceedings at the hearing shall be recorded and may be transcribed at the expense of 'the
party requesting the transcript.
5~6.8.3..1.1 Any party may hav~ a court reporter present at the hearing at his own expense.
049, , 533
ColJItr Cmmz~ $-1~ Octol~r $0. 1~91
Land D~velopmen~ Code
5.6.8.3.1.2 Neither Collier County nor the Contractors' Licensing Board shall be responsible for any failure
of recording equipment during the conduct of the hearing.
5.6.8.3.2 The heating need not be conducted according to technical rules relating to evidencz and witnesses.
Any evidence shall be admitted if the board find~t it to be competent and reliable, regardless of
the existence of any common law or .statuto~ role which might make improper the admission of
s~ch evidence. Hearsay evidencz may be used for the purl~osz of supplementing or explaining any
direct evidence but shall not be sufficient in itself to support a finding unless it would be
admissible in civil actior~.. Irrelevant and unduly repetitious evidence shall .be excluded. The rules
of privilege shall be effective to the same extent that they are now or hereafter may be recognized
in civil actions. .
5.6.8.3.3 Each party shall have the right to call and examine witnesses, to introduce exhibits, to cross-
examine opposing witnesse~ or any matter relevant to the issues even though that matter was not
covered in the direct examination, to impeach any witness regardless of which party first called
him to testify, and to rebut any evidence against him.
$.6.8.4 The Contractors' Licensing Board shall render a decision upon the complaint within five (53
working days afar tho close of tho hearing. At tho time of decision, tho Contractors' Licensing
Board sl~l state its findings of fact, conclusions of law, and the specific disposition of the..
complaint. The £mdings, conclusions and disposition shall be in substantially the following form:
Name of Complainant:
Name of Contractor:.
Date of Hearing:
Sections of Ordinanc~ alleged to be violated.
Findings of Fact:
Contractor has violated the following sections of Ordinance .
Tho ContrKtor Ima not violated fha following sections of Ordinance ,
Durszion
ANY PARTY MAY APPEAL THIS DECISION WITHIN 15 DAYS AT ITS RENDITION.
Collier County $-20 October JO, 1991
Land Develotnnent Code
~ and the secretary to the Botrd shll, within fivo ($) worJ~.* g days afar the disposition of th~
" complain% issue a copy of the timings to the licensed contractor and to the complainant by
c. cflifi~ mail.
'~ 5.6.8.5 V/hen di~q~osing of a complaint, tho Cou~' Licensing Board may revoke · contractor's
certificato of competency, suspend a contractor's certificate of competency, impose any lesser
penalty, or make a finding that there is no cause for punitive action. Tho Board is entitled to take
no other disciplinary action.
5.6.8.6 Any disciplinary action tskon by tim ~.ontractors' l~iecnsing Board shall operate from tho day the
decision is rendt~d. The decision shall be considered rendered after a majority vote by the
Contraetort' IAc~sing Board in fav6r of such action, and al'~r such decision is reduced to
writing.
SEC.. 5.6.9 ~ FOR VIOLATION.
5,6.9.1 Any person or firm who vinlate~ this division or fails to comply with any of its requirements shall
be punish~l as provided by 'law..H~ch day such violation continue~ shall be consid~, a se~aarate
OffenSe.
..~ ' 5.6.9.2 The Board of ~mty ~.ommissioners may tak$ an.y lawful action, in¢ludinf, but not limited to,
.. r~ort to equitable action as is neoeasa~ to prevent or to remedy any violation of tills division.
DIV. 5.7 COUNTY MANAGER.
SEC. $.7.1 (~REATION AND APPOINTMENT.
The County Manager shall .be the l~ead of the County ~anager's office and the administrative
branch of the County government and shall be appointed by and serve at the pleasure of the BOard
of County Commissioners.
SEC. 5.~/.2 JURISDICTION. AUTHORITY AND DUTIES.
In addition to the jurisdiction, authority and duties which may be conferred, upon tho County'
Manager by other provisions of tho County Code of Collier County, the County Manager shall
have tho following jurisdiction, authority and duties: ..
5.7.2.1 To provide the Board of County Commissioners and the Planning Commission with reports and
recommendations with re~x~ct to matters before such bodies as directed by the Board of County
Commissioners.
$.7.2.2 To appoint and dismis~ all heads of County divisions, depart~onts and sections. 1~ '
5.7.2.3 To administer and manage ali County divisions, departments, sections and staff, and ove. r~eo the
preparation of the budge~ fol' the County.
Collier Co. nr~ 5-22 October $0, I
~ Developme~ Cvd~
DIY. GRO H
~C. 5.8.1 ~ATION A~ A~~ OF~E GRO~ MANAGEME~ DIRE~OR.
Grc~h M~a~e~nt Di~lor ~11 ~ Ihe a~y h~ of tho Or~h M~o~nt Dcpa~nt
=~d s~ll ~ ap~in~ by ~d ~o at tho plum of th; ~ty
~C. '5.8.~ ~I~I~iON. A~OR~Y A~ D~. ~ ~dition to ~o ju~iction, au~o~ty ~d
duti~ ~ich ~y ~ ~f~ ~ ~ O~
Co~ ~o of ~lli~ ~, ~ ~z ~ty M~g~, ~e G~h M~g~t Di~mr s~ll
~v~ ~e foll~gjufl~i~i~, auth~ti~ ~d duti~:
5.8.2.1 To ~de~o ~z ~t ~d I~ ~ge ~m~ivz piing ~ibiliti~ of
~der ~apter 163, Flofi~ 5~m~, ~ a~, i~l~g all piing f~ I~ ~, public
f~iliti~, ~d m~~ ~.
5.8.2.2 To ~i~ bi~ly ~ ~ili~ ~ O~ M~ge~t PI~ ~d ~e ~ D~el~nt
Re~lui~ ~d ~~ a~~
~' 5.8.2.3 To mvi~ bl-~ly ~ ~i~ l~mvo~t Elect, ~pi~l lmpmve~t Pmgnm ~d
~mmi~i~ ~d ~ ~ of ~
5.8.2.4 To ~nis~r, ~ge, ~mr ~d imple~t ~ ~ public f~iliti~ (~ncu~mcy)
re~l~i~ ~d &z ~~y ~ge~t pmg~ ~ ~m.
5.8.2,5 To c~te ~r I~, mgi~ ~d ~te p~ing ~ ~ttin~ ~ aff~tin~
developer in Collier ~ty ~ to ~e ~ li~mn to ~h I~1, regional, ~d s~te pl~ing
ag~ci~ ~v~g jufi~icti~ ~ ~ei~t ~ ~lli~ ~ty.
S.8.2.6 To p~vide ~ ~~ ~el~t ~i~ ~amr ~ ~, ~~tio~
· . or other ~is~ ~ ~ to ~ ~i~ by
Ad~i~tor to &z G~h M~e~t Di~.
.
~tr ~ ~.2J
~ D~~.C~
~:-~ ~. DIV. ~,9 COMMUNITY DEVELOPMENT SERVICES DMSION.
$~.C. $.~. 1 ~REATION AND APPOINTMENT OF THE COMMUNITY DEVELOPMENT SERVICES
ADMINISTRATOR.
Th~ Community D~Velopment Servi .cea Administrator shall ba th~ agency ~ead of tha Community
Development Services Division and shah b~ appointed bit and se~ at th~ pleasu~ of the County
Manager. .,
· s~c. s.~.2JURiSDICTiON. Au.mon~.rY ANO otrrw~.
In ~ldition to th~ jurisd{ction, authority and duties which may b~ conferred upou the Community.
Development Services Administrator by other provisious of tho Couuty Codo Of Collier Couuty
or tl~ County Manai~r, tim ~ty Dem'olo~t $ervice~ Administrs~u' shall~ havre tho
following jurisdiction, authority and duties:
$.9.2.1 To provido tim Board of County Com,,dssiouers, tl~ Planning Commiss{ou, tim Beard of. Zoning
Appends, tl~ Building Board of Adjustments and Appea{s, th~ Cod~ Enforcement Board, and. the
Contractors' Liceusing Board, with repor~ and re~onru~ions with rmpect to matters before
$,9.2.1 To ~u~nt~ m~ mmap ~ D~v~opmeut ~e~dcm, Omw~ Plmu~g, Omw~ Mma~m~t md
Homing and Udmm hnpmvom~t I)ep~ts, and overse~ lira pr~m'ation o~ the b~ga for
each.
DIV. .10 DEVELOPMENT SERVICES DEPARTMENT.
SEC. $.10.1 DEVELOPMENT SERVICF-~ DIRECTOR.
$.10.1.I Creation and A~oointment. The Development Service~ Director shall be tho tgency head of the
Development Services Depaflment and shall be appointed by and serve at tho pleasure of the
~.10.1.2 J~ction~ Authority end Duties. la addition to the judsdi~on, authc~i.'ty tad duties wl~ich
may be co,erred upon the Devel~t Servic~ Director by other provisions of the Cmmty Code
of ColUu' Cmmty, or tim County MsaMm', th~ Development Services Director shall have the
follow:mS jurisdiction, authority sad ~utie~:
S. 10.1.2.1 To prov~d~ the Board of C~nty Commissioners, the Plannins Commi&~ion, th~ Bored of Zoning
Appeals, the Buildin~ Board of Adjustments and Appeals, th~ Code F. nforcement Board, and the
Contractors' Licensin~ Board with reports and recommendations with respect to matters before
such bodics u directed by the ~ &f County Commissionen or the County Manager, and to
servo as staff i~ ~m review o.f applications for development approval, the issuanc~ of
p~capplicsdon conference letten, the ~on of th~ sufficiency of all public hearing, and
the publi~.~tion of notice of bear~gs.
S. 10.1.2.2 To provide the Commu~ty Development Servic~ Aamin~strator with reix~s, recommendations
^dministmtor to tho Development Sm'vice~ Director.
$.10.1.2.3 To accept, r~view and wndm' interprc~ions to the text of the C..odo s~d to the bound~es of ~e
Official Zoning Atlu.
S.10. I.2.4 To administer tho provisions and procedurm of this Code ~s appropriate, and to delepto such
· duties to nppmprieo Sections ih ~ interests of efficiency, expertise ~ saris.
'S, 10.1.2.~ To ~m;,!gt.,~' &t~d m~llgo tl]~ ~l~oI]~f ~t~trvic~l, Pbml~lz Se['~, Project Review
· . and Comt~liance Services Sections, and overs~.the preparation o~the budget for each. ·
SEC. $.10.2 C:USTOM:ER SERVICES SECTION I~kN~GEI~.
S. 10.2.1 .Creation and ADDointmeflt. The Cttstomer Service~ Section Manager shall b~ the administrative
and functional head of tho Customer Services Section and sludl IN~ aplx, inted by and serve at the
.pleasuxe oF the County Manager.
$.10.2.2 Jurlsdictioll, Authority ~nd Duties. Ia ~ldition to the jurisdiction, authority and dutie~ which
may I~ conferred on tho Custom Servic~ Section Mzna~r by other provisions of tho Cotmty
Code of Collier County, ~e County Mmu~ger, or tho Development Services Director, the
Customer S~-~vices Section shall Imvo the f*ollowinfjurisdiction authority and duties:
m 049 ,,/539
s.10.2.2.1 To fgcept s~l Issue all County flf~l local development orders m~d ~h~ ~ in
S.10~.2.2 To ~ ~iblo f~ ~ ~ ~ l~g ~p ~vo film ~ ~ of ~ D~el~t
~i~ ~~. .
~.10~.2~ To ~ ~iblz f~ m~t of ~a Imam Brach, ~ch ~ ~ ~ ~ex m
~t~ F~ h N~I~.
~.1~.2.~.4 To ~R~ ~fi~, ~d~t ~, ~ ~t f~ ~ ~~ ~ ~, .~ ~d
~.10~.2.~ To ~m;ai~ ~ m~ ~ ~ ~ ~, ~l~g'~d~ of mff ~d
~ of ~ ~, ~ ~ M~, ~ ~ ~d~t ~ D~, ~ Pl~g
~ ~fioa M~ ~1 ~ ~ foll~gja~~, ,u~ ~d duti~:
~.10.3.2.1 To p~& ~g ~ ~ of.~l ~~ ~g ~, fi~ ~~, ~hol
v~, ~ifi~ ~ ~ ~ ~ ~i~, f~ md d~ ~t, ~fo~i*g ~
~. 10.3.2.2 To pmvi~ ~i~ of ~li~ ~Mivi~i~ plm.
~A0~.2.8 To pmvi~ ~' of pmli~ ~ ~l~t
~.10~.2.~ To ~ ~ibla f~ ~ ~ti~ of ~fio ~j~ ~gh ~a ~i~ ~d
p~.
~.10.3.2.6 To mig I~ ~ of ~ ~~ ~ ~ Pl~g ~ui~ ~ &o ~i~ of
~li~ f~ ~N ~ ~ ~t of ~ ~Ri~ ~ ~d ~l~t ~ ~d.~a.
O~i~ ~g A~. -.
10.3.2.7 To ~i~ ~1~'~a ~lli~ ~ ~l~t ~a ~ O~d,! ~g Atl~ ~d ~~d
· ~d~ ~ ~ ~ ~ ~a P~g ~m~i~ ~ ~ of~t~ ~ionm.
~rr ~ 5-26 ~Mber JO, I~1
$.1(J.3.2.8 To mainMn the O~cial Zonin~ Atlas and to make an annual pre~ntstion of' the Official Zoning
Atlas to the Board of County Commissioners for certification.
5.10.3.2.9 To administer and manage the Planning Services Section, provide technical guidance, supervise
staff, and prepare the section budget.
SEC. 5.10.4 FROJECT REVIEW SERVICES SECTION MANAGER.
5.10.4.1 Creation and Appointment. The Project Rovizw Services Section Manager shall bo the section
head of the Project Rzvizw Services Section of th~ Development Services Department and shall
be appointed and serve at the plessu~ of the County Manager.
5.10.4.2 Jurisdiction. Authority and Dutim. In addition to tho jurisdiction, authority and duties which
may be conferred on the Project Review Services Section Manager by other provisions of the
County Code of Collier County, the County Manager, or the Development Services Director, tho
Project Review Services Section Manager ~hall have the following jurisdiction, authority and
duties:
5.10.4.2.1 To provide final review and approval of all impmvem~t plans (subdivision construction
documents) as prescribed in these ~gulations.
$.10.4.1.1 To provide final site development plan review.
5.10.4.2.3 To provide minor sim development plan r~view.
· 5.10.4.2.4 To provide final review for all multiplo family, residential, commercial, institutional, industrial,
and other non-residential building plans.
5.10.4.2.5 To provide final review of right-of-way, blasting and ezcavation permits.
5,10.4.2.6 To provide review of final subdivision plats.
5.10.4.2.? To provide processing and review of all coastal construction controi line variances. ' '*
5.10.4.2.8 To provide review of all tree removal plans.
5.10.4.2.9 To*provide r~view of all sea turtle p~'mits.
5.10.4.2.10 To provide review ofall vehicle on the .beach permits.
5. l[0.4.2.11 To administer and manager all environmental review functions.
5.10.4.2.12 To provide tho Development Services Director with interpretations to the text of the Subdivision
Code.
5.10.4.2.13 To administer and manag~ the Final subdivision improvements md utilities facilities acceptance
and conveyance procedures.
Collier County $-27 Orderer JO. lpg/
Land Develol,mem Code
5.10.4.2.14 To' provid~ full technical support to tho Planning Services Section on all preliminary sito
development phn~; minor sito development plans; preliminary subdivision plats; zoning and
planned ,~nit development related applicationq.; variances to subdivision engineering and
environmental issuei; and oth~ matters presented in this Code.
$,10.4.2,15 To administar ~nd mmsafo tho soctlon, ptx)vtdo tochntcal ~ldance and staff su~rvislon, &,sd
~.10.4.2'.16 To administer and process till requa~a for wsiver and relesso from tho concurrency nwnagement
SEC, S,10.5 COMPLIANCE SERVIC~_.S SEC'TION MANAGER,
5.10.5.1 Creation and A_ _n0olntment. The Compl~ Services Section Mana~r shall be tho section head
of tho Compliance Service Section of tho Development Services DeiMrtment and shall be ap~ointed
and servo at tho pletsum of the County Manager.
$.10.5.2 Jttrisdidion. Autburitv and Duties. In addition to tho jurisdiction, authority and duties which -"'--~-
Code of Collier County, tho County Manager, or tho I:l~tdopment Services Director, tho
Compliance Services Section Mana~ shall have tho following jurisdiction, authority an4~ duties:
S. 10.$.2.1 To issue and revoke certificates of occupancy in accordance with tho pr~_.~mu of these
5.10.$.2.2 To enforce tho provisions of this Code.'
S.10.S.~.~ To ~dmifliftter find ol~-Tlto tim colltrllCtor°s lic~g ~.
S.I0.S.2.4 To overse~ the minimum housing codo Inspection p~ogrnm.
S.'10.S.2.5 To provido IMrmit~d .c~lstru~on inspections for structural, electrical; mechanical, sito
· . ., engineortng, zoning, mgin~l, and other tochni~ cod..
· - s,10.s.2.6 To conduct codo enforcement and licensing inveJtlptlons. '
S.10.S.2.? To ensuro that certain capital public facilities a-id projects rare built according to plans and codes
' and to the contracted level of quality' and within tho time nllowed.
S.10.5.2.8 To manago and administer tho Compliance Services Section, provido teclinical assistance and staff
suporvision, and proparo tho sa:tion budsot.
~C. ~.11.1 GgO~ ~~G D~E~O~
G~ Pl~g D~t ~ ~1 ~ sp~ by ~d ~ st ~ pl~ of ~ Co~ty
~.11'.1.2.1 To ~i~ ~ ~ of ~ ~i~m ~d Pl~in~ ~i~ ~ ~ ~ of
PI~ ~d ~ ~ ~~ of ~o Fum~ ~d UM Mtp.
' Cowry ~i~
', ~d ~o r~~ti~ f~ a~d~ ~ tho P~ing ~ion ~d tho Board o~ ~unty
5.11.1.2.9 To provide ~mt ~d ~ ~pulation ~ti~ ~d proj~ti~ for the Co~ty.
imple~mi~ pmg~, ~i~, ~lati~, ~d ~o like ~ui~ by the O~h M~agement
5.11.1.2.11 To ~rdi~ with o~er D~~ ~d Divisi~ el tho County government in order to
Collier C~ ~-29 ' ~tober $0, I ~i
~ D~lopment. C~e
5.11.1.2.12 To.provide instal coordination with federal, state, n~gional, munictpsJ, and county
5. i1.1.2.13 To administer, tmmage, monitor and implement the zoning reevaluation ~xlimmce and program.
Administratm' to the Orowth Planning Director.
$.40 Oegdm' $0o 1~91
Coda
DIV, 5.12 HOUSING AND' URBAN IMPROVEMENT DEPARTMENT.
SEC. 5.12.1 HOUSING AND URBAN .IMPROVEMENT DIRECi'OR.
5.12.1.1 Creation and Aooointment. Tho Housing and Urban Improvement Director shall be the
department head of tho'Housing and Urban Improvement Department and shall be appointed by
and serve at the pleasure of tho Count~ Manager. .
5.1~.1.2 JurLsdicfion. authorltv and duties. In addition to the jurisdiction, authority and duties which may'
be conferred upon the Housing and Urban Improvement Director by other provisions of the
County Code of Collier County, the Housing and Urban Improvement Director shall have the
following jurisdiction, authority and duties:
5.12.1.2.1 To ~rvo u staff to tho Board of County Commissioners and Planning Commission in review of
applicatio~ for affordable housing density bonito.
5.12.1.2.Z To administer, manage, monitor and implement the affordable housing density bonus ra~gulation~
5.12,1;2.3 To administer pmgranm for afforda~lo housing, moderato, Iow and very Iow income hou~.holcls,
and other afforct~ble housin~ incentive programs.
5.12.1.2.4 To provide the C~mmunity Development Servicea Administrator with reports, recornmenclations
or other s~sistance with respect to tho matters assigned by tho Community Development Services
Admin~strntor to tho Housing and Urban Improvement Director.
DIV. 5.13 ENVIRONMENTAL ADVISORY BOARD.
SEC. 5.13.1 E,~FABLI~ OF THE ENVIRONMENTAL ADVISORY BOARD: ABOLISHMENT
QF THE WMAB AND EAC.
5.13.1.1 There is her~y established "The Environmental Advisor~ Board" which shall herein be referred
to as the EAB.
· $.13,1,2 Tho Enviro~rn~tal Adviso~ Council (EAC) and tho Water Mana~ment Advisory Board
(V~d AB) sxu hereby abolished as of .on~ hundred eighty {1~0) days af~' ~he effective date of this
Code or the first meeting of th~ Environmental Advisory Board (EAB), whichever occurs earlier.
At the d~u~ and tim~ of tho first meeting of tho EAB as provided herein all matters then still
pending before tbe EAC and WMAB ipso fKto shall b~ transferred to the EAB and shall be the
first matters of consideration by the EAB.
SEC. 5.13.2 AUTHOEITY. FUNCTIONS. POWERS AI~fD DUTIES.
5. L3.2.1 The EAB obtains its jurisdiction, powers, and limits of authority from tho Board of County
Commissioners, hereinafter r~ferred to as tho Board, and pursuant to this Code, shall act in an
advisory capacity to thn Board in matters dealing.with tbe review and evaluation of specific zoning
and developn~nt petitions and their impact on tho regulation, control, management, use or
exploitation of any or all natural resourcea of or within Collier County.
5,13.2,2 Tho EAB will function to:
'$.1.3.2,2.1 Review and reconunend'stipulations addressing the pr~ation, conservation, prot.ection,
mtnagement ~ beneficial us~ of tl~ County's physical and biological natural resources
(atmospheric, terrestrial, aquatic and hydrologic) for petitions and/or plans for selected
development orders, including but not limited to Rozonea, Developments of Regional Impact,
Provisionsl Use, Subdi~,'ision Muter Plans and Planned Unit Development Amendments that are
directed to tho EAB l~y County staff, the Board or the provisions of this Code.
5.13.2.3 The powers and duties of the EAR are as follows:
5.13.2.3.1 Implement tho provisions of the Conservation and Coastal Managemen~ Element of tho County's
Co. mpr~ensivo Plan during thn review process for development petitions and/or plans.
S, 13,2,3.2 Participate in the ruview and r~commenda!ion process for excavations as provided for in Div. 3.5.
5.13.2.3.3 Assist in tho implementation of any new programs, ordinances and/or policies created through tho
Environmental Policy Technical Advisory Board and adopted by tho Board of County
Commissioners which deal with tho conservation, management and protection of air, land, water
and natural resources and environmental quality in Collier County.
m 049 546
Collier County $..f2 ()c'l¢,ber JO. 1991
L~)d Development Code
5,13.2.3,4 Provido uti a~ls f~m ~ ~ M hr di~ ~ ~nty ~ff ~ a~li~ts
~ g~ f~ ~j~ ~ f~ ~ ~i~ti~.
'~ 5.~.23.5 F~ u n ~~ I~ Su~t (EIS) a~ ~ ~t to Div. 2.8.
A~h~t ~ ~ ~ ~1 b ~ ~~ of ~ ~ nd ~ ~ f~ ~ ~ of
~t~t ~ ~ ~ of
5,13,3,2 V~im ~ ~ ~ ~1 b ~blici~ h n ~bli~l~ of ~ ci~afi~ ~!~
Kdvo h ~~ ~ .' ..
~~~ ~ of ~m h ~ ~ ~ of ~ foiler m ~ m
H~m W~, Hydm~l~, Hydmlo~, Hyd~, ~ UM ~, ~d Un P~g,
Pollu~ ~t~l, *~lid W~, S~ ~~t, Wn~ ~u~, Wildlife
~ge~t, ~ ot~ ~~tivo a~ d~ a~am by ~o B~ ~ch ~, but not
limi~ ~, a r~r~n~tivo of ~ ~el~t ~unJty.
S.~.S ~o ~ti~ ~ ofo~ of~ ~ of~o ~ ~1 ~ ~ foll~:
s,12,2,s,I ~ ~) ~m~ ~11 ~ ~tll ~~r 30,
5.~,5,2 ~ (2) ~m~ ~11 ~o ~ ~~ 30,
5.~.3.5.3 Two (2) ~ ~II ~o ~til ~m~r 30,
.. · 5. H3.5.4 T~ (2) ~m~ ~11 ~ ~til ~~ 30, !~5.
· A~t ~o ~fid ~ of ~h~t, ~ a~ht~t ~ ~~t ~l ~ for a te~
four (4) y~. ~ ~ ofoffi~ ~l ~piM ~ ~o 3~ &y pf ~m~. T~ ofo~ s~l
~ ii~ ~ oho ~ ~ ~v~ by ~o ~ by a ~~ ~; A ~m~
" ~p~in~ by ~o h~ f~ ~ly ~o (l) ~ive ~ md ~ll a~ly ~ o~er a~li~.
Te~ shll ~ mgge~ M ~ no ~ t~ a ~ofity of ~h ~m~' a~t~n~ will
expi~ in my ~e (1) y~.
~lrr ~ ~.J~ ~to~r ~0, 1~!
=,:~ ...
~:" ~.~.6 ~y ~ of ~ E~ ~y ~ ~ from o~ by a ~j~ vo~ of ~e ~.
~. 13,3.? Mean s~il ~ ~l~lly m~ If ~y ~ a~t from ~ ~llve ~ings ~t
a ~s~m~ ex~ ~ if ~ ~ ~t from ~m ~ ~f~ of ~e ~gs ~ a ~iv~
~ y~. Me~ ~1 ~ ~ ~t ~m a ~g ~ ~ey ~ not ~t du~ at-
i~ 75 ~ of ~e ~g.
' ~C~ 5,~,4 O~~ ~ ~RT ~A~,
5.~.4.1 ~e o~ of ~ EA~ ~!1 ~ a ~~ ~ n Vi~i~. O~' ~ ~!1 ~ for
~e (I) y~r, ~ eli~ii~ f~ ~l~i~. ~ ~~ ~ Vi~i~ ~1 ~
for a ~j~ yom ~ ~ ~~i~ ~g ~d ~ ~ ~e ~ ~!~ ~ of ~e
E~ ~ ~m~ of ~b y~.
5.~.4.2 ~ ~~ ~1 ~i~ at ali. ~ of ~e E~. ~e Vi~i~ ~I ~o~ ~e
du~of~~ ~~m~~of~~. ~of~,
on ~ ~ ~ ~b ~ ~ ~ ~ ~! el~ a ~ ~~. ~d ~ o~ of
~~p ~ ~ ~xt ~ ~. ~h el~ ~! ~ f~ ~e ~pi~ ~ of ~d
o~.
5.~.4~ Pm~i~ ~ ~ f~ ~ ~ ~!1 ~ ~ by ~ Pmj~ R~ ~i~ ~i~
~ty G~~t ~ ~y, ~m ~ ~ t~, ~ ~ ~ ~e ~ ~d dm~ n~
s. .s
· . 5.~.5.1 Re~lar ~s of~ E~ ~1 ~ ~ld ~ ~ I~ W~n~y of~h ~ at g:~ A.~.,
~lex, N~I~, ~llier ~,'~ ~id ~ of ~e E~ ~y ~ ~1~ by ~ .
~i~ m by a ~jo~ of ~e ~~p.
5.13.5.~ A Sidle ~jo~ of~ ~~ ~ of~ ~ ~1 c~i~ a ~m for ~e pu~ .
. of ~nd~ ~. ~ a~tive vo~ of f~r (4) or ~m ~m~n ~il ~ n~ ~
o~ ~ ~e o~c~ ~i~, ~!~ ~f ~ f~r (4) ~ ~ ~m~ of ~e E~ am
p~t ~ a ~.
· 5. i3.5.3 ~e E~ ~1, by ~j~ vo~ of ~e ~m ~m~p, ~opt ~1~ of.p~um for ~e
t~~ of ~ ~ ~1 k~ a'~ of ~s, ~lu~, ~d~gs ~d
d~~. ~ E~ ~y ~li~ ~~ ~~ mlely of i~ ~~p to
f~ili~ im ~i~. M~ of ~e ~~ ~1 ~fo~ ~ ~e ~ public noti~
r~ui~ ~ ~ of ~ E~.
5.~.5.4 At ~e ~1~ ~ of ~ ~, ~e foll~ ~11 ~ ~e o~ of ~in~:
CMttar Co~ ~.]4 ~r JO,
R~'. ~.
$.13.$.4.1 Roll Call
5.13.5.4.2 Approwl of th~ Minute= of Previous Mecting
5.13.5.4.3 Old Busine~
5.1J.5,4.6 Adjoumm~t
Items studl como beforo the EAB as scheduled on the Project Review Services support staff
pr~par~ agenda unlms fi spacific request afls0a which justifies devifition by tho EAB.
SEC. S.13.~ SCOPE OF LAND DEVELOPMENT PROJECT REVIEWS.
The Environmental Advisory Board ahall review all IfAd development petitions which require an
Enviromnental Impact Statement '(ELS), all Developments of Refionai Impact (DRI), lands with
Special Treatment (ST) or Ar~a of Critical State Concern/Special Treatment zoning overlays, are. as
of the County covered by ~terlocal agreements,, any petitions which cannot bo resolved between
the tpplicant and staff and :s4fich is requested to bo heard by tho Environmental Advisory Board
by either party and any petition which requires approval of tho Collier County Planning
Commission or the Board of County Commissioners &nd staff receives a request for tho petition
to be heard by th~ Environmental Advisory Board from the chairman of tho Environmental
Advisory Board or chairman of tho Board of County Commissioners.
SEC. $.13.? APPEAL.
Any person aggrieved by tho decision of th~ County Manager ~garding any section of Div. 5.1 ;3
may file a writ~.~n r~quest for appeal, not later than ten (10) days aRer said decision, with the
Environmental Advisory Board. Tho En~'ironmental Advisory Board will notify tho aggri~e.41
'. person and th~ County Manager of tho date, tim and place that such appeal shall bo heard; such
notification will bo liven twenty-one (21) days prior to thc hearing unless fill parties waivo this
requirement. Th~ appeal will be heard by tho Environmental Advisory Board within sixty (60) .
days of th~ submission of tho appeal,. Ten (10) days prior to tho hearing tho aggrieved person shall
submit to th~ Environmental Advisory Board and to th~ County Manager copies of the data and
information h~ intends to use in his appeal. Upon conclusion of the hearing Ih~ Environmental .
. Advisory Board will submit to tho Board of County Commissioners its facts, findings and
recommendations. The Board of County Commissioners, in re~lar session, will make the final
decision to affirm, overrul~ or .modify' tho decision of th~ Cot'mty Manager in light of the
recommendations of tho Environmental ,6,dvisory Board.
~ Colfftr Cow~ $.J6 Ocwhrr JO. 1~1
,' /
',
5.14 O C/ C OLO IC RVA ON BO .
r~f~d ~ ~ ~ "P~i~ ~," ~ ~ ~vi~ ~ to ~e Bo~ of County
~i~i~ for ~lli~ ~, ~,
j~fi~i~fi~ ~ ~t~l of ~ ~ of ~nt~ ~i~,
B~ of ~ ~m~i~. ~h ~ of ~o P~ati~ i ~1 hold offi~ ~y
m long ~ ~ ~ ~o ia a ~id~t of ~lli~ ~. FI~. A~t~a ~11 ~ ~ by
~lution of th, B~M of C~nty' Co~uiono~ ~ tho b~ia of
~voive~t ~ ~ty i~ ~, ez~, ~d in~ ~ ~ field of hi~ofi~l ~d
a~lo~ ~ti~.
~.14.3.1 ~ ~ of ~ ~m~iui~m ~! ~t ~o ~m~ from ~h of ~o follo~g
'- ~gofi~:
b..', ,
:': 3. R~ ~, ~ ~l~t, ~ ~;
:' 4. ~~, ~~g, B~d~g ~~i~, & ~~ ~m~;
.. 5. ~w ~ U~ Plug.
~e ~ ~i,~,g ~iti~ ~ ~ fill~ by citi~ at large.
~. 14.3.2 ~1 ~m~ of ~ P~ati~ ~ ~ ~ly ~ ~e ~cid digl~m
· . of Flofi&.
5.14.3.3 ~tially, ~o ~ a~l ~ a~ to on~y~ t~; ~ ~m~ a~ll ~ a~int~ to'
~o y~ te~ ~d ~ ~ ~all ~ a~t~ to ~ y~t ~. After initial
ap~int~ta, all ~p~iat~a ~11 ~ ~e for th~ ~. A P~ati~ B~M ~m~r
~ eligible for ~t~t, 'but ahall ~ li~t~ to ~ ~n~tive tern. Mem~ of the ·
P~ation ~ a~li g~e ~out ~m~ti~. Prior to the expimti~ of his or her te~,
a ~m~r of ~e P~ation Beam ~ ~ ~mv~ from o~ by a ~jofity vote of the Board
of County Co~ssione~. A MereSt of the ~ation Board ahall ~ auto~tically re~v~
if he ia abgnt from ~ ~n~utive ~inga without a ~tiafacto~ ezcu~ or in the alternative
if he is ab~nt from mm t~ on~fou~h of ~e ~t~ga in a given fi~l y~r pmvid~ that the
Pr~ation Board ~ ~t at l~t eight ti~ ~ the ~v~ fi~l y~r. Mem~ shall ~ d~
ab~t from a ~g wh~ &ey ~ not p~t dung at I~ 75 ~ of the ~ting. ~ Boa~
of Cowry ~uione~ shall fill the vasty by ap~int~nt.
~er ~ ~-J7 ~tober 30. I~1
~ D~pme~ C~e
5.14.4.1 Tho member~ of tho Preservation Board dlall elect a chairman and a vico-cJudrnum for fi or~-year
term each. Tho chairman shall preside at ali meefiflgs and shall have the fight to votz. The
vice-chaiflmn shall preside ia tho abeence of tho chairman. ~ claiflnan and vice-chaiflma may
be ro-~la:ted for m additiomd ono, year t~m each, but may not szrvo for moro than two
consecutive yearu.
S. 14.4.2 Collier County shall proyide adequate staff to allow tho Preservation Board to perform its duties.
Staff shall consist of at least oue staff person from Community Development Services Division
and one clerical person who, shall be responsible for recording and transcribing the sjxinutea of
nil meetings of the Preaervati~ Board,
S.14.4.3 All meetings of the Preservation'Board shall be open to the public, A public record of the
Preecrvation Board's minutes and resolutions shall bo maintained and made available fol~ h~:~ction
by the public.
5.14.4.4 Tho Preservation Board shall meet at least once per month, at a dato and timo to bo decided by
Regtrdlm~. of the lack of pending bustnms tho Pruervation Board shall meet at least four (4) tin~ '~"
during any calendar year.
5.14.4,5 The Preservation Board's meeting agenda shah be published the Sunday prior to the scbe~duled
meeting in a newspaper of general paid circulation in the county and of general interest and
readership in tho Community. Tho ad may bo placed wbom other legal notices appear.
SEC. 5.14.5 POWERS AND DUTIES. The Prmervation Board shall havo the following pow~ and duties:
5.14.5.1 To propose fides and procedures to implement tho provisions of this Division to the Board of
5.14.5.2 To create a map delineating tho arms of archaeological and historical significanco which shall be'
subject to approval, by tuolutioa, of tho Board of County conunissi~ This map shall bo
known as "The Mapof Areas of Historical/Archaeological Probability" and'shall bo completed
within one yetr from the da~0 of tho first meeting of tho Prmervafion Board;
5.14.5.3 Maintain and updato the Map of Areas of Historical/Archaeol~gioal Prolxibility at intervals not to
exceed tiro years. All subsequent changes to the map shall bo subject to approval by tho Board
of County Con2miujoners;
5.14.5.4 To deaignato specific sims, structurus, districts, buildings, and properties as historically and/or
archaeologically significant in sccordanco with Section Eight of this DiVision;
5.14.5.5 To seek a~stanco and advise on technical, related matters requiring professional expertiso.
5.14.5.6 To maintain a master filo of sims, districts, structured, buildings, and propeflies designated as
historically significant; and maintain a septrato tnaster filo of sites designated as archaeologically
5-:If Octo~r $0o
049 552
DM~on $.1't~ ~ liTm~rdl)frck(m~K, Icgl Prr~crvedo~
si~fi~t;
5.14.5.7 To p~ ~d ~d m ~o B~ of ~ ~o~ui~ fln~cial ~d t~i~!
in~ti~ ~g~ m ~ ~c ~d .a~logi~l p~ati~;
S.14. S.8 To i~ the a~ of his~c nd a~logi~l p~atiofl and its community
by Pro~iflg ~blic ~atJ~ program;
S.ld.S.9 To apply f~, ~ ~ ~ of ~lli~ ~ ~y, g~t mis~ from su~. f~ or private
~u~ for ~o ~ of ~h~ng hi~c ~d. a~ha~logi~l p~ati~ ~bj~t to app~val
of ~o B~ of ~nty ~ni~.
5.14.~.10 To ~i~ ~o a~a~ of a~lying f~ the d~ipti~ n a ~ifi~ ~ Gov~t
(S~tion 5 C.F.R., ~tlo 36, Pm 61) ~ ~f of Colli~ ~unty;
S.14.5.11 U~n ~llier ~ty's ~pti~ n a ~ifi~ ~! Gorget, M ~i~ ~d
~~~ ~g N~ Re~ of Hi~c PI~ no~i~ ~s
Fio~ ~ ~;
S.14.5.12 To id~ti~ c~a f~ ~g h ~ti~ I~i~ of ~/~!o~ si~ w~ch
shil ~ ~ by ~j~ R~i~ ~ du~ng sim ~ti~.
S. 14.S.14 To i~e ~flifi~ of A~a~ ~ ~ ~fia ~tl~ in ~e ~.S. ~~ of
lfl~fior's 'S~ f~ ~ili~' 36 C.F.R. 67 (19S~). u ~d~. nd ~~.by
rcfcrcfl~ ~n.
~. 14.~.15 To d~i~ ~ ~li~i~ f~ ~ Hi~/~logi~ Su~ey nd ~~t ~iv~ ~.
~,14,S, 16 R~i~ a~ln ~ Hi~/~lo~ Su~y ~ ~~t ~ver ~mu d~ by
· ~ ~~ty ~l~t ~i~ Ad~~ or ~s d~i~;
S. 14.S. 17 To design ~ a~li~ti~ f~ ~ipti~ of n~ific sit~. districts, st~turu, ~ildiflgs, and
pro~i~ H his~fi~lly/a~logi~lly si~ifi~t.
S. 14.5.18 To ~o~ ~y o~ ~cti~ ~ 4uty ~ by ~o Co~ty Co~nion.
Collier (,'Mr/ $.J9 Ck'r,/,~r JO. I ~]
DEFINITIONS
· . TABLE OF CONTENTS
$£¢. 6.1.1 G£NEI~LL¥ ........................ .~ ......................
SEC. 6.1.2 TEXT ..................................................... l
~'~ ' ' ' i 3 COMPUTATION OF TIME
S]~C. 6.1.4 DAY ...................................................... I °
~ SEC 6 I 6 GENDER 1
SEC 6 I 7 MONTH ' 2
SEC. 6.1.8 NON-TECHNICAL AND TECHNICAL WORDS ..................... ~. . . l
. SEC. 6.1.9 NUMBER .......................................... · ...., .. : . 2
f'
SEC. 6.1.10 SHALL, MAY ............................................... 2
SEC. 6.1. ! 1 TENSE ....................................... : ............ 2
SEC. 6.1.12 WEEK ....... ' ............................................. 2
' S]~C 6 I 13 WRITTEN or IN WRITINO 2
SEC. 6.1.14 YEAR .................................................... 2
· DIV 6.2 ABBREVIATION~ ............................................ 3
DIV 6.3 DEFINITIONS ............................................... 4
m 0,4'9 555
Collier County 6~ October $0, 1991
Land Developmen~ Code
DIV. 6.1 RULES OF CONSTRUCTION.
SEC. ~.1.1 ~.~~,~. In cot~truction and in~tion of th~ languag~ of thesz regulations, the rules
established in this division shall be observed unless such construction would be inconsint=nt with
the manifest intent of tho Board of County Conunissi'oners as expressed in tho Collier County
Growth Management Plan, or an elotnent or portion thereof, adopted pursuant to Chapters 163
and 186. Florida Stetutes (1986) and Rulea 95-$ and 9J-24, F.A.C. 'l'hz rules of construction and
detrmitions established herein shall not be applied to any express provisions excluding such
construction, or where tho subject matter or context of such section is repugnant thereto.
All provisions, terms, phrases and expressions contained in the~ rsgulations shall be liberally
con~trued in order tlat tho tmz intent and meaning of tho Board of County Commissioners may
be fully carried out. Terms used in the~ rsgulations, unleas otherwi~ specifically provided, shall
havo the meanings prescribed by tho statutes of this state for tho samz t~xn~.
Ia the i~terpre4ation and application of any proviMon of thesz regulations, it shall be held to be
tho minimum requ~ment adopted for tho promotion of tho public health, asfet~, comfort,
conwniencz and genortl we4fam. Where any provision of thes~ regulations, tho Growth
Management Plan, or any other law or regulation in effect in Collier County, Florida, imposes
greater restriction~ upon tho subjoct matter than' any other provision of thesz regulations, the
Growth Management Plan, or any other law or regulation in effect in Collier County, Florida, the
provision imposing the greater restriction or regulation shall be deemed to be controlling.
Ia all circumstances, tho provisions of thesz regulations shah be interpreted and construed to
consistent with the Growth .Mana~emmt Plan. Where any provision(s) of these regulations
determinod to be in conflict with tho Orow~ Management Plan, tho Growth Management' Plan
shall control.
SEC. 6.1.2 ~XT. Ia cam of any differencz of meaning or implication beX~een tho text of this Codz and any
figure, tho text shall control. '
'SEC. 6.1.3 COMPUTATION OFTIME. Tho tiamwithin'whichanact istobedonz shall be computed by ·
excluding tho first and including tho last day; if tho last day is · Saturday, Sunday or legal
holiday, that day shall be excluded.
· SEC. 6.1.4 DAY. The word 'day' shall, m~n a calondar day.
SEC. 6.1.5 DELEGATION'OF AUTHORITY. Whenever · provision appears which requir~ or designates
the head of · department .or somz other Cx~mty officer or employe~ to do somz act or perform
some duty? it shall be constnmt to authorizz tho head of tho department or other officer or
employee to designate, delegatz and authorizz profemi.onal-lzvel subordinates to perform the
required ~ct or duty unless tho terms of tho provision or section specify otherwise.
/
SEC. 6.1.6 . G~. Words importing the masculine gender shall be construed to include the feminine and
neuter.
C~ller ~ 6-1 October $0, 1~1
~ 6.1.7. MOI~[TH. TI~ word 'month' Shall mean ~0 calendar days, unless a calendai' month is indicated.
$EC. 6.1.8 -~L0,~'ItI~CAL AND TEC'RNI{~L WORDS, Wor~ and ~ ~zall bz con~tru~
w,x, ording to thz common and approyed usagz of thz language, but techtdcal worda and phruea
and ~ch oth~r~ H may have ~quired a peculiar and appropfiatz meaning in law r~all be
construed and understood according to ~uch meaning.
SEC. 6A.9 NUMBER. A word i~porting the ~ingular number only may extend and bz applied to ~'eral
persona and thlng~ H w~ll aa to on~ per, on and thing. Tho usz of tim plural numb~jr ~all b~
deemed to includz my ~inglo pm'~on or thing.
SEC. ~.1.11 TEN~. Wordsuazd hztl~pa~torpre~mt~l~ ~~Hu thzpastor .pr~ent.
SEC. 6.1.12 WEEK. Tho word 'w~' dali b~ ¢omtruod to tram ~tm (7) ¢almdar day~.
any representation of word$, I~t~ra or figurm ~ by printing or other form or ~aethod of
writing.
SEC. 6.1.14 ~AR. Tho word 'year' shall mean ~65 ctlmdar days, unless · fiscal year ia indicated, or
Colllcr C~nry 6-2 October $0, J~l
· DIV' 6.2' ABBREVIATIONS.
ADT: Av~a~ Daily Trips '
ART: Articlo '
~t~.Q: Amc*titan Association of StaCo Highway sad Transpormion Of~ials
~.S~: TI~ American Society for Testinf and Mam'ials
BOA: CoHie~ County Building Board of Adjustments and Appeals
BCC: Collier County Board of County Commissioners
]~7.~: Collier County Board of Zoning Appeals
CCPC: Collie' County Planning
DIV: Division
DO: Development Order
DRI: Development of Regional Impact
DSD: Collier County D~velopment Services Director
EAB: Collier County Environmental Advisory Board
~OT: Florida Department of Transportation ....
l~,~.]~t~i: F~krnl Em~'~y Mana~n~nt Act/Federal Insuran~ Rato Map .-
ELD. Q: Final Local D~slopn~nt Ordor
~.. Final Subdivision Plat
GMD: Collie' Cotmiy O~nh ManaFtnent Director
GMP: Collier County Growth Management Plan
GPD: Collier County Growth Piannin~ Dimcto~
LDR: Land Development Regulation
NOAA: National Oceanic and Atmoq~heri¢ Admlni~tration
~ Preliminary Subdivision Plat
SDP: Sim Development Plan
.. DIVr.3. DEFINITIONS.
~ ' ~i~.~i~.Q: Tho Americ~m Association of~t~ H|ghw~y ~d T~i~ Offices. [SEE DIV.
.21
A~ve M~ ~ ~ (A~: ~ ~ ~ hr~t ~ ~fi~e ~f~ ~ for fly~g
~ ~t p~~ ~lly ~ ~ f~.
Abutfi~ ~~ ~ Adla~ ~v: P~ ~g a ~~ l~e or a ~i~ of a
~~ I~ ~ ~ ~ ~ ~~g ~blic g~, ~t (excl~g utiliti~) or fi~t-'
of-way. [SEE DIV. ~.2]
A~ble Envi~m~ Al~flon: ~y ~ sim ~i~
~fo~ ~ ~vi~~ ~i~ of~o ~bjgt ~ or ~jo~ng or ~lat~ ~gi~ [SEE
DIV, 3.7 thigh ~,14]
~: ~e p~i~ ~ of ~ ~d~ ~ a lot from a ~blicly d~i~ fight~f-way ~..
or via ~iti~l ~blic ~ ~va~ fight~f-~y. [SEE DIV, 3.2]
A~ Wa~.: A ~y ~ch is ~el~ ~ ~~
di~ of~ ~ f~ ~ ~ of~d~g ~ by ~ m lea ~thla a ~si~.
[SEE DIV. 3.2]
A~ U~S~ A~~ofn~~y~~ ~~
lot or ~ a ~fi~ lot ~ ~ ~ ~p ~ ~g di~. ~ a ~ild~g is a~h~
to ~ p~i~ ~ild~g, it ~1 ~ ~~ a ~ ~f, ~d ~t ~ ~~ b~Id~g,
~ ~ pmvid~ ~ Div. 2.6, Su~le~al Di~fi~ Radiations.
vino~, or al~holic ~e~g~ ~!! ~ d~ ~ ~~ ~ for a m~l, ho~l, ~i, pfivam
club, ~t~ club, yght club, ~u~t, ~ling alley, or golf club p~id~ all other applicabl~
r~ui~na of 8~ law ~d ~ty ~lati~ am ~t.
~: ~a Ad~g~ Of ~a Di~sion of ~~ ~elop~nt Se~ic~ of
Adult Co--ate Livi~ Fadlitv fACL~: ~y ~ild~g(s), ~tion of a building, distinct pa~
of a building, ~id~, pfiva~ ho~, ~ding ho~, or other pl~e, whether o~t~ for profit
or not, which undo~ thigh t~ ~ership or ~ge~nt to provide for a ~ri~ cxc~ing
~cnty-four (24) hour, ho~g, f~ ~i~, ~d on~ or mm ~1 ~i~ for four or more
~ul~, not gla~ ~ &a ~ or ~ni~tor by bl~ or ~age, who ~ui~ ~ch ~ic~
~d to provide li~t~ hurting ~ic~, ~ ~ifically fic~ to do ~ purist to Florida
Samto ~.407. ~o fgility ~! ~ li~ ~ a~mv~
H~ ~d R~bili~w ~. A fgility off~g ~1 ~i~ or li~ nu~g
~i~ for f~ ~ four ~ul~ is ~in ~ ~ing of this definition if it foully or
049 , 559
CoZll~r ~ 6.4 Oefo~r $0. 1991
1.and D~lotwm~ ~
~.~:, ~ informally advefll,~ to or ~licila tho public for ro, ideflts or rofemds md holds its01font to tho
public to bo an e~t~blishmeut which rufulsrly provides such services.
Advertising Structure: Any structure emctgd for advertising purpose, with or without .ny
advertisement displayed thereon, situated upon or at~ched to real property, upon which any
poster, bill, printing, painting, dom.,ice or other advertiscrr~nt may bo placed; provided, however.
thit said term sl~li not include buildings. [SEF- DIV. 2.$]
~,~.]2.1~: See Environmental Advisory Bo~rd. [SEE DIV. 3.S .nd DIV. $.14]
Affordable Housing: A residential' dwelling unit with a monthly rent or monthly mortgage
payment, including property taxes and insurance, not in excess of one-twelfth (1/12) of 30 percent
of an amount which represents 50 percent (for very Iow income), 80 percent (for Iow income),
or 100 percent (for moderato income) of tho median adjusted gross annual income for the
housr, hold ~ published annually by tho U.S. Department of Housing and Urban Development
within the Naples Metropolitan Statistical Area (MSA). [SEE SEC. 2.7.7]
Affordable llousirm_ Demitv Bonus ["AIIZ}B"}: An award of a number of residential dwelling
units per gross acre in a development which allows the base density to be increased by density
bonuses related to the provision of affordable .housing. Tho AHDB may add up to eight (8)
dwelling units per gross acre to tho base density of four (4) dwelling units per gross acre, for a
total of twelve (12) dwelling units per gross acre, minus any density reduction, in the Urban
Designated Aress. When the AHDB is combined with the base density and other density bonuses
or density reductions, tho total density shall in no event exceed sixteen (16) dwelling units per
gross acre. [SEE SEC. 2.7.7]
Affordable Housln_n_ Deusit_v Bonus ¢"AHDB") Pro~: Tho program which implen~nts the
affordable housing d~nstty bonus pmvislons of the Collier County Growth Management Plan
throui~h the use of I) an Affordable Housing Density Bonus Rating System, and 2) an Affordable
Housing Density Bonu~ Monitoring Program. Tho purpose of the AHDB program is to allow for
the provision of' affoi'dable housing (moderate~ Iow, and very low income) in Collier County,
.. Florida, by Permitting housing developments to exceed the base density limitations of the Growth
Management Plan, "nd to ensure that the AHDB program is properly implemented, monitored'and
enforced. [SEE SEC. 2.7.7]
Affordable Housing Demitv Bonus {"Al-IDB") Rating $_vstaTl: The system generally referred
to in tho Growth M"nagem~nt Plan that establishes the additional number of residential units per ·
gross acre over tho base density minus "ny density reductions that may be permitted within Urban
Designated Areas identified on tho Future Land Uso Map d,.-pending on tho affordable housing
characteristics of tho development, Tho AHDB rating system is more refined through the terms
of this Ordinance, [SEE SEC. 2.7.7]
Aff(}rdable Herr, dog Owner-Occunied Unit: Affordable housing in the form of a residential
dwelling unit solely for occupancy and fee simple ownership hy a moderate, Iow, or very Iow
income household under tho provisions of the Affordable Housing Density Bonus Program. [SEE
SEC. 2.7.7]
'' ~
ffi
Collier County &$ October 30. 1991
Land Oewloprncnt Cmie
Affordable Hom4n~_ Rental Unit: Affordable housing in the form of a residential dwelling unit
solely for ~ or rent designated and r~aerved for occupancy by a modera2, low, or very low
income houscholds under tbe previa, lena of tho Affordable Housing Density Bonus Program in
exchange for tho payment of rent to tho owner or operator of the unit or development. [SEE SEC.
2.?.?]
Alley: A public or ~ privs~ way which affords only a secondm'y means of access to
abutting property and which is not intended for general traffic circulation.
;
Alter fltlstorical/ArchaeolonicaB: Any tna2rial change to the external or internal features of a'
building, structure or property. [SEE SEC. 2.2.25] .
Alleration, Builclirm or Strochn'al: Any change in size, shape, occupancy, character, or use of
a building or structure. ·
Annual U_tMate and Inventory R _e~ort or AR: Tbe County report on public facilities described
in Sec. 3.15.3.2. [SEll DIV. 3.15] ~ ."-"
Annulus Of Annular Space: Any artificially created void existing between a weil ctsing or liner
pipe and a borcholo wall or tho spac~ between two casings or liner pipes. [SEll DIV.
?,ntenna Structm'e: A basa, stand, or other method of stabilizing an antenna, but the primary
purpose is other than raising tho height of an antenna,
~: Tho owner of record of property, or his authorized agent, making a submission to
AiIplication for Develoument Au_uroval: An application submitted to Collier County requesting
the approval of a Development Order. [SEE DIV. 3.15]
At}proved Materials {Well Construction): The materials defined in Chapter 40E-3, of the Florida
Administrative Code, and a~ otherwise specified in this Code. [SEE DIV. 3.6]
AIIlilIiItlB~: Tho cultivation of marine or aquatic specie~ (fresh or salt water) under either
natural or artificial conditions.
~ A geologic formation, group of formations, or part of a formation that contains sufficient
saturated permeablz material to yield useful quantities of ground water tO wells and springs. [SEE
DIV. 3.6]
Area of Environmental 5emitivity: An area where environmental quality may be highly.
susceptible to degradation and wh~ alteration may cause predictable losses of natural resources.
[SEE DIV. 3,7 thnmgh 3.14]
Arterial: Soo Street, Ar2fial.
[SEE SEC. 2.2.~]
Av~e ~lv Trim f~: A ~gh~ avem~ of~ u~ of~clm ~ ~ trip ~ ~
l~tiou ~d p~j~t c~~. [SEE SEC. 2.7.~
~ut~g ~d plu{~{ ~ls.' [SEE DIV. 3.6]
Co~cr Cosm~ 6.? · Octo~r JO. 1991
[.md Drv~lot~rn~.Cod~
]~;[~I~Mh: TI~ portion of' · street, ~y and the like, paved or otherwise, intended
for the use of bicycles, and if properly sized, for pedestrians. [SEE DIV. 3.2]
~ln.~er: An indi'vidmd employed by a User who detonates or otherwise effects the explosion of
an explosive or who is in immediate personal charge and supervision of one or more other persons
engalp~d in such activity. [SEE DIV. 3.4]
Block: The length of a street between the intersections of that street with two other streets. A
block, ~x~ling to the context, may also be a parcel or parcels of land surrounded by public
streets (other ~ alleys) or other physical barriers such aa · watercourse.. [SEE DIV. 3.2]
Board of County Commissioners: Tine Board of County Commissioners of Collier County,
Florida. [SEE SEC. 2.2.25]
~RIl.121~k: A walkway i~'otruding into a wamway w~ich provides access to · moored boat.
[SEE SEC. 2.6.21]
]~i~J~: A facility offering tramdent lodging acconunodstions normally on · daily rate for boat
travelers. ~ accommodstim~ include w~t bmr SOps, where gtmsts may or may not sleep on
thcir boat, tl~t are normally combined with · hotel/motel and its accessory uses, such u a
restaurant.
Doathouse. Private: ,~ ~ uso 'to a residential stmcm,~s) .adjacent to · waterway,
providing si~ce for tho housing of · boat and accessories customary thereto. A private boathouse
may not be used for the purpose of human habitation. [SEE SEC. 2.6.21]
Boat S~: A roofed structu~ adjacent to a waterway, open on all sides and providing covered
protection to · boat.
Boat Yard and Ways: A premis~ or sim used as a commercial establishment for tho provision
of ali such facilities'as are customary and necessary to the construction, reconstruction, repair, '
m~in~ or sale o'f boats, ma~ine engines or marine equipment and supplies of' all kinds
including, but not limited tO, rental of covered or uncovered boat slips or dock space'or enclosed
dry storage ~ or marine railways or lifting or launc.hing services, and for dredge or barge '
· dockago and stbrsge.
~: A private*establisbJrnmt where patrons may purchase .bottles of liquor or bring their
own and keep them for consumption after legal closing, hours.
~ The portion of a lot or parcel remaining after r~quired yards have bcen provided.
Buildings may be placed in any fart of the buildable area, but limitations on the percentage of the
Oc~b~r JO.
lot,that may be covered by buildinp may requir~ open-~ within_ ~m buildable area,
]~1~: Any str~uru, ~ith~ t~ponry or pe~nane~t, havin~ ~ meg lmi~rvious to weather,
tad uzed or built for the shelter or enclnsuro of' pertains, anin~fs, chattels, or property of any
kind. This definition shallinclude te~ts, awnings, cabanas, or vehicles situated on private propcrty
and serving in any way the function of a building, but does not include screened enclosures not
having a roof impervi .o.us to weather. .
~.~: That portion of any exterior el~'vation of a building extending fr~p finished
grndo to tho top of tho perapet wall or eaves and extends tho entire width of tho buildingelevation.
Be;ldinf. Heinht of: Tho vertical distance measured from the first finished floor to the highest
point of the roof surface of a fiat or Bermuda roof, to the deck line of · mansard toe,and to tho
mean height level between eaves and ridge of gable, hip and gambrel roofs. Where minimum floor
elevations in flood prone areas have been established by law, the building height shall be measured
from such required minimum floor elevations. (See Sec. 2.6.3, 'Exclusions from Height. Limits'
and "Off-Street Parking Within a Building'.)
~d4~: TIM lines established by law, beyond which the building shall not ext~d, excep~
where provided by law. [SEE DIV. 3.2]
llliilili~,.,~: A building sim is tl~ part or portion, of · lot or lots used for a structure, ~3e total
uea of which sim is ascribed to tho building or structuro for complianco with this Land
Development Codo. [SEll DIV. 3.2]
Bulk PtFrnit (S'_t~,m): A permit issued for any number of political sign~.
B~khend: A retainer wall or structure designed to prevent erosion of land by water action.
[SEE DIV. 3.2J
]~~ A fixed ling emblishod fn or along th Gulf of M~xlco, a river, watercourse,
or other body of wa~'., in order to fix and estebtish tho distance from tim shoreline within which
filling may bo permitted a~d bulldleads constructed. [SEE DIV. 3.2]
i~.faill~i~._~,alb~: ..A wooden structure designed as a detach'ed rccrestional and/or campground
living unit within · TTRVC Park and which is dependent upon tho 'I'FRVC Park's central water,.
shower, toilet, and recreational facilities. [SEE SEC. 2.2.11] "
i~: Shall mean an area of land wber~ recrution vehicles supported by a fixed motor
vehicle wheclbaso and includes but is not limited to travel trailers, camping trailer, truck camper,
motor homo, van conversions, each of which shall not exc_-~__ two hundred and forty (240 square.
foe. t) may be parked for periods of thno as herein 'regulated. [SEE SEC. 2.2.11]
Cam_t)in~ Trailer:. Is a vehicular porUblo unit mounted on whe~ls' and constructed with'
collapsiblo partial sidewalls which fold for towing by another vehiclo ~nd unfold at tho campsite
to provide temporary living quarters for recreational, camping, or travel use. [SEE SEC. 2.2.11]
Co~tr Com~ ~.~ O~ro~vr JO,
D¢IlMd~
~ ~ Dh~ ~,$ ,/
f~d~f, a~ ~ I ~lld~f, ~ m~ In ~lo or in pti by a ~ildinf.
C~i~ ~e Fa~liflu: ~o pl~f of, ~~g f~, ~isiti~ of ~d f~, or ~e
~t~ti~ of dMJMfe ~ ~tK ~fe~t f~iliti~ n~ for p~ d~eJ~t to
~t t~ ~5 for Drainafe PKiliti~. [Stir ~iV. 3.
C~i~l ~ Fn~liti~: ~ p~f of, mf~f'for,. ~ui~ti~ of l~d f~, or ~tion
of ~lldinEa ~ p~ ~ip~t ~~ to ~ tho ~ for Pa~ FKilitim, [SER ~IV, 3,
~Di~ R~d Fa~iifl~ or ~i~ R~d ~D~y~t: ~o t~ti~ pl~f for,
of-My ~isiti~ f~, ~nf f~, ~ ~ti~ of ~y ~jKt eligible For i~lusi~
a r~ proj~t h ~ ~ ~~t.of h CIE of ~ ~llier ~ty ~ Mmfe~t
or ~ Fivo Y~ ~ofi~ ~~t of T~i~ PI~. [SEE ~IV. 3.15]
C~i~ ~le Wat~ Fadliflm: ~ pl~f of, ~n~nf f~, ~isifi~ of i~d for, or
[SEE DIV. 3.
~~ of ~ ~ ~lJ~m n~ M ~ ~ ~ for S~ ~ F~i~ti~.
ISlE DIV. 2.1SJ
~tJ~ of MlJd M f~ilJtJm ~~ ~ ~ ~ ~S f~ ~lJd W~ F~ilJfJ~. [SEE
DIV. 3. IS]
~~ A ~i~id t~t~t ~illt~, ~ I~ ~ nu~i~ ~, ~o~, For
~ro r~J~flts, ~1~ ~jd~l ~J~, ~ ~] ~t all t)f tb fid of M u ~t~ hy
Group ~ FKilifi~. (~fo~ 1 ~ ~fo~ I1 (i.e., ~ult ~f~f~ liver fKilifiM,
~ f~ilitiM, ~O d~el~ly dinbl~, '~s nd at~ti~ ~, di~l~ ~ult ~,
ab~ ~, ~d y~ ~lte~). [SEH SEC,
or.h~, not ~cl~ from ~ f~d M ~o ~f ~ ~ I~ ~ sib, ~d bi~ or
for ~o s~ngo of ~r~vw v~clM.
· e fi~i ~inf. [SEE DIV. 3.6J
~tr ~ ~IO ~r 30, I~!
~:;'~, ..
d~ ~ ~ ~mls ~ f~ ~ ~ti~ of~ ~m, ~u~, ~ ~1~.
~y ~ ~ ~t~ ~ of officM ~ pl~ dgh~f~y. [SEE DIV. 3.2]
C~ ~ Faoli~: ~ ~~ Sy~m, ~.
C~ Wat~ Fadli~=: ~ W~ F~ilifim; ~t~.
~fi~ of Ao~a~: ~fi~ i~ ~ ~ P~ati~ ~ f~ ~, ~~,
~ild~gs, di~, ~ ~im ~i~ ~ ~~/~lo~ly si~fi~t. [SEE SEC.
~tl~ ~ ~ ~~ of ~ ~'s S~ ~ Guidel~ f~ ~logy ~ Hism~c
P~ati~ ff~ ~) 51(~):8~8-82 ~2, Ma~h 10, 19~). [SEE SEC. 2.2.~
~ey,
pmf~i~ ~ ~. [SEE DW. 3.2]
C~e of ~: ~ di~t~ of ~ ~i~ing ~ ~ ~o ~imti~ ~e~fom of
a u-= of a diff~t ~ ~ c~. ~ of ~cy is m ~t~dM ~ ~cl~ a c~go of
~ or p~~
C~ld C~ C~t~ ~ ~bli~t ~ ~ f~ ~ ~, pm~ti~, ~d =~ision
of a child, for a ~M.of Im ~ ~ ~ a ~y ~ a ~lar ~is, ~ch =pple~ ~mi
~, ~~ ~ ~ ~~ f~ ~ ~ld, ~ ~ ~ ~ ~divid~ n~,
~d for ~ch a '~y~t, fm
~y nu~=, ~y ~ ~, ~y ~ a~y, nu~ ~h~l, ~ play ~h~i. ~e ~ d~
not ~cl~ ~ ~ ~ f~ly ~y ~ ho~.
Ch~ or ~ ofRdiMom Wo~bim ~ ~imti~ ~lo m~l~ly att~d to ~ci~te
~ or ~ld ~H~ ~ ~ ~ =la~ mli~ ~i~fim. ~ ~li~ ~tiviti~ ~t
~y ~ ~dm~ by chu=h~ ~ pl~ of ~p incl~ ~ sim c~Id ~m for ~ dung'
~ligio~ ~, ~d ~i~ ~volving mligi~ ~ti~, ~t s~ll not includ~ ~h~ls,
tc~ or ~~ ~ll~gs, or o~ ~tiviti~ not di~tly mlatM ~ =ligio~ p~ti~.
climb ~1~ or
Clinic. M~ ~ ~: ~ Offi~, M~i~l/~inic.
Clinics. Veterinary: Any structure or premises used primarily and es~ntially for the medical and
surgical cam of ill, injur~l, or dinbled aninuds other than humans.
.~,~]J~I~:J, Za~: Those amociation3 and or~nizadoex of n civic, fmtem~ or social character not
operated or maintained for profit, and to which them is no unrestricted public access or us~. The
term 'private club" shall not include casino~, nightclubs, bottle clubs, or other ~tsblishmmts
operated or main~ for profit.
Cjuster' ])evelol3meflt: A d~ll te~hnlcltle allowed within residential districts by cond~ional use.
This form of development employs · mom coml~'t arrangement of dwelling units by allowing for'
reductions in the standard lot r~ts of the applicable zoning district, with the difference
between the reduced lot size and the standm'd lot requirement being placed in comrr,on .cq~n space.
[$1~1~ SEC. 2.6.2/1
Coastal Area Plannin~ District: All of the tmincorpomted portions on' Collier County exit the
following ar·u: Township 46 South, Ran·es 28 P.~st, 29 Past and 30 East; Township 47 South,
Ranges 27 East, 29 P.~tst and 30 ~.ast; Township 48 South, Ranges 29 Past and 30 Hut; Township
49 South~ Ranges 29 Past thron~h 34 Hast; Township 47 South, Range 28 F~st, Sectimts 29, 3~
31, 32, 33 and that portion of Secti.ous 28, 34, and 27, lyins southwest of Oil.Well (]rlde Road
(SR-858), Township 48 South, Range 27 Hast, Sections 7 through 36, Township.48 South, Range
28 East, Section 4, 5, 6, 7, 9, 15, 16, 17, 18, 19, 20, 21, 22, 27, 28, 29, 30, 31, 32, 33,'B4, and
that portion of Sections 3 and 10 lyins south of South, Range 28 Hast, Sections 3, 4, $, 6, 7, 7,
9, 19, 20, 21, 22., 27, 28, 29, 30, 31, 32, 33, and 34.
Coastal Construction Control Line ((:(]CL~: T'ne Collier C..otmty Coastal Construction Control
Line as depicted on the State of Plorida Depmtmmt of Natural Resources, Division of' Beaches
and Shores, March, 198~, Aerial Map as adopted in Collier County Ordinance 80-19 (i980), or
any subsequent medificatio~s.
Collector:. See Streets, Minor Collector, and Streets, Major Collector.
Commercial Eauln~nent:' Any equipment commonly used in st commercial business, i.e.,
contractors equipment, earth movins machinery, utility trailers, and devices, used for the
transportation of'equipment, materiels'or merchandise. [SI~H'SEC. 2.6.7]
Commercial Excavations: Any excavation wherein tim excavated material is removed lmm the
subject property, for whatever purpose, or where the disturbed area of' the excavation exceeds one
(i) acre. [Sl~B DIV. 3.4]
Co,tm·rein] Yehlcle: Any ve.~Jcle that .has rated load cat,city of more than one (1) ton and is
used in conjunction with · corem·trial or business' activity. [SHE SE(:. 2.6.7]
Comoletelv Enclosed: A ~ enclosed by walls and · roof, party wails, pierced only by
windows and normal entrance or exit doors.
Col~tr Coumy 6-12 Octobtr JO,
~mpatible with ~ati~ of ~e nam~l ~ the~in. A ~ati~ ~t for ~h
Con~or ~dl Co--on): .~y ~ li~ by the ~ glofi~ Wa~ M~ge~nt
ab~don~t ~ wells. [SEE DIV. 3.6]
Cont~buti~ ~i~ tllhtoHol/A~ml~[~l~: Any d~elop~nt pmj~t which con,ins
Co~v: ~e I~. ~xt or oth~ ~phi~ which ~m~ tho ~go di~iay~ u~n tho
Collier Cou~y 6-13 October $0. 1991
[.~md D(,vtlopme~ Coc~
~'~'.~.
~: Either a) The County of Coflier, Flodde; or' b) The County Manager or his designee
or any other authorized.County agency or official designated by tho Collier County B~ard of
County Comm~ssiongra aa the authority charged with the administration and enforcement of
applicable provisions of this Code..[SEE DIV. 3.6]
.~.j2UiIL~K=~I~.~. That person appointed by the Board of County Commissioners to be the chief
adm~fistrativ~ official of the County, or his designee. [SEE DIV. 3.7 t~'ongh 3.14]
.~,,Rlill[~.~:9~: The con~.,ucfion of any County government project. [SEE SEC. 2,2.25]
Court: An open sp~e, off,er than a required yard, on the same lot .with a 'building wldch is
bounded on two (2) or mom side~ by the walls of such building. A court may contain shahs,
statuar¢, trees and yard furniture. An interior court is a court enclosed on aH sides b~, the walls
of · building or by walls and lot lines on which walls are permitted. An exterior court is a court
openin8 on any front, side or rear yard. '
~: A right-of-way within a block dedicated to ~e public use, ten (10) feet or more in
wide, intended primarily for pedestrians and from which motor propelled vehicles are exclud~ "-"
and u additionally defined in 316.003(6Xa) and (b), Florida Statutes. [SEE DIV. 3.2~
· ci~-ul~ turn around. [SEE DIV. 3.2]
~TUghLHn~:' 'l'ne period of ~ ~ ddrty (30) m~nutes after sunris~ to tldrty (30)
minutes before sunset. [SEE DIV. 3.4]
~g~D=~[~g~: The height at which a pilot must decide, during an Instrument Landing System
Deficient Road Senmenh A County or State road segment ~n the Major Road Network System'
that ei thcs.
a. l~s an ~ LOS 'C' peak s~son, pe~k hour, that Itu operated below LOS 'C" peak
season, peak hour, based on the Annual Update and. inventory R~x~rt ("~UIR'); or
seuon, peak ho~, for Iwo (2) yeats or moru hued on the AUIR; or
c. has an adopted LOS "D' peak sctson, peak hour, tlu~t is operating below LOS 'E', peak
season, peak hour, hued on the AUIR; or
d. hu an ad,opted LOS .rt. peak seuon, peak hour, that is opers/ing worse than LOS 'E"
peak season, peak hour, hued on the AUIR.
[SEE DIV. 3.15]
C~t,r ~ 6.14 O~l~r $0. ItX)l
~i~tessen: A service facility where foods such as megts., sandwiches, cheeses, salads and
fish am prepm'ed and sold or where these foods are sold in a ready-to-eat state normally for off-
prumMa consumption. On-silo conmmptlon is allowed aa an accm~ory use
provided for 10 customers or less. Customer seating shove 10 would mak~ th~ business ·
restaurmlt.
Demolition: ~ compl~a or ~ubstantial removal or destruction of ira}. historic or archaeological
sit~, districts, ~tructur~, building~ or property. [SEE SEC. 2.2.23]
]~'naitv. Re~identi~l: The number of r~id~ti~l dw=lling units parmitt~l per gross Kra of hind
and det~minod by ,q.,,idlng the number of units b}. th= total ~ of r~idaatial land within the
bounch, ri~ of · lot or i~lrce! but not ihcluding land widfin · Pl$~med Unit Developmeot that is to
be used for corrunerciai or industrial
DER: The Florida Dq~rtmt~t of Environm~tsl Regulstion. [SEE DIV. 3.6]
Ddoxific~tlon Center: A medical' fKilit}, op~ tw~t}.-four (24) hours p~r da}. m~ting
comp~able ~t. mdard$ to · IR:~pi.~l or nursing hon~. Such f~cility shall be for the temporary
emergency shelter of intoxicate! persons, or tho~ pca3oms ~uffering from alcoholism, drug abm
or other similsx condition for the purpo~ of dctoxification.
~ An), person, including · ~ov~nm~nbd sg~n¢}., or his d~ign·t~l ·g~ats, ~rs,
or mt~, undeddtlng imy development Is delln~l in this Coda.
~.~}~l.~l: Hu the mc~ing give] it in Sec. 380.04, Fi·. Stat. [SEE DIV. 3.15]
DeveloDmen! ,,nd Produelion. Oil
developing p¢troleum ired nstuml ~ss n~ourc~ following ~7~sful exploration I~s defined by or
~ in the cont$xt of Florida Ststut~ and Administrative Code, Which may include the
construction of sll-w~ther iw. ceaa ro$~ ired pads, davelopm=n.t drilling, inatsll·tion of crude oil
pip~lin~, flowlin~ and gsthering' lin~s, in-field ~p·nuion and t=mporsry housing fKiliti~ for
personnel r~iuisit~ to the oi~r~tion of th~m fsc. iliti~ and activities.
Development. lnfiil: A parcel not l~ than two (2) acr~ in size, that due to its location
relationship to other .d=veloped par~.els or parc=Is ·pproY~! for d{ntelopment, ma}. r~luiru sp~ial .
design standards for d~velopment e;tsuring its comimtibilit}.. Such d~ign standards ma}. in¢lud=
sd. justrmmts to }'~rda, height, siza of slructur~, landscaping ired buffering, ired conformance with
· Common ~rclait~tuntl
De?elooment. New (Sea Turtlm}: N=~. construction of buildings~ parking lots, boardwalks, ~nd
other qtp~ of construction and r=modeling of existing structur~ wh~ such remodeling includes
Idter~tion of exterior lighting. (DIV. 3.10l
Dt~eloomml. $DP: The ~ct, pro~, or namlt of im@mvem~t of propert}., or pla¢in~ buildings
and/or stnictur{= on · lot or parcel of land. SDP Developm~t shall include multi-fsmii}.
r~iclentlal, commercial, institutional and indnstri=l proj=cts. Proj=cts which do not aff~t existing
B 0t'9 .b7o
¢olff~r Cmm~ 6.15 Oeroh~r JO. I~1
oltcuhtic~, I)l~nl, build~l in~nfomon~, drlimlfi, I~pinf, ~ffe~f ~ o~er SDP
[SEE D~. 2.3]
~: ~y ~ ~ ~ W~ ~11 c~ ~ ~w ~ ~ ~ I~ti~, ph~i~
~: ~y ~m ~ h ~ ~ a ~ay f~ ~ ~ of ~g a
~ ~ei~.
~g f~iliti~ ~d ~ sl~g ~ f~ a num~ of ~!~ ~.
h~g ~1 ~ all ~li~lo ~i~a of ~ ~lli~ ~ty Plumbing, El~tfi~! ~d
Build~g ~ ~ ~11 ~ ~ ~1~ ~ M~m H~g ~.
' ~11~ ~MI Comt~on]: A ~n who is gtively ~gag~ in th~ b~ of drilling,
~: A v~i~! li~ ez~ing from tho ~~ b~hing o[a t~ or pl~t to the ground.
[SEE DIV. 3.7 ~gh ~.14]
Drive-In B~flk or FlrmflcJtl lmtltution: A drive-in bilk or financial irmitutiou provid~ drive-in
without deputing from his vehicle.
~, A pblce of outdoor afmmbly used for the sbowinf of plays, operss, motion
pictures, and similar ferns of enterUinment which is designed to permit the audiences to view the
performance, from vehicles parked within the theater enclosurn.
Drive Shoe {~dl Comtrucflon): Any device specifically designed, fabricated, and installed to
protect the end 6f a well c~ing or liner pipe from collapse or other damagn while the casing or
liner pipe is being driven into place ~n a well. [SEE DIV. 3.6]
Drive-Throtmh or Drtve-UD Business: An establishment that includea a drive-up or drive tluu
service facility or offers cud~ servic~ where patrons do not leave their cars to purcha~ goods,
food and service~.
~: An s~asway with tl~ solo purpo~ of pmvidl,g n~e~s' to prtvat~ leU. Tho
elimination of through traffic and Rm geometric design of tho driveway aru means to promote
safety and to create · d~irabio residential neighborhood.
]~f,~: Tho mound or dune of sand typically form~ along and landward of the line of
highest gulf wave action and wheru such line is clearly defined and undisturl~l typically forms
tho v0g~tation lin~. For th~ purposea of this Cod~ th· dun~ ·zt~nda landward of mean high water
to the ton of tl~ back dun~ and may or may not be vegetated. In any ar~ wheru ther~ is .no
clearly marked vegetation fine it is considered to be tho averego of tho lines of vegetation on each
side of the ar~a to establish a line of constant elevation rnached by tho higheat wave·. Such line
shall not bo affected by occasional sp~gs of gra~ seaward of tho dune or artificial fill, turf or
other artificial change· in tho natural vegetation or elevation. [SEE DIV. 3.7 through 3.14]
]~ZI~: Se~ Dwe, Hing; Two-Family or i~)uplez.
.. Dw~li~: Any building, or part thernof, intended, designed, used or occupied in whole or in part
a~ tho residenc~ or living quarters, of one or mot~ persons, permanently or temporarily,
continuously or transiently, with a~oking and sanitary facilities.
i~gx~3111l~t A singl·, fru~standing, conventional building on a singl· lot, which contains
only two (2) dwelling units and is intended, designed, used and occupied as two (2) dwelling units ·
· under single ownership, or whern each dwelling unit is separately owned or leased but tho lot is
held under common ownership.
Dwelling. Garden Anartment: A dwelling unit which is accessed from an interior common
spac~ in n building consisting of mom than on~ dwelling unit which may contain dwelling units
in · vortical ammg·m0nt.
Dw~lltm. Multiole-Famil_v: A group of thr~ or morn dwelling units within a single conventional
building, attached side by side, or on~ above another, or both, and whernin each dwelling unit
Co~rr County 6-17 October $0. 1991
rMy be indivldu~lly owned or lined but the I~d on which ~h~
~ or Jingle ~c~hip.
F~ pu~ of ~~g ~ I !~ is ~ ~ltipl~f~ly ~lling ~, ~ foli~g
~idc~ti~ ~l apply:
Mulfipl~f~ly ~!!~ ~ my i~olvo ~l~g ~ ~d~
~~u~, ~ ~
b. ~ ~ ~divi~ i~ ~ ~m ~ ~ ~ild~g
I~t~ ~ I~ ~ ~ ~~g to ~im~a f~ ~gle or
~il~p in the di~fi~ ~ld ~ ~d~, ~e lot ~11
multipl~fa~ly ~ll~g ~ ifth~ am t~ (3) or ~ ~lling
thigh the individ~l ~ildings ~y ~h ~in I~ ~ th~ (3) dweil~g uni~.
c. G~ ~ ~ ~a' ~ ~11 n~ ~ ~id~
co~ati~ of 5u~ti~ 'b a~.
d. ~y ~Itipl~fa~ly ~ll~g ~ ~ich ~l~g ~a ~ a~ilable for
of !~ ~ ~ ~ ~i ~ ~~ a ~fi~ ho~, a ~!, ~r ho~l, or ho~l,
~ ~e ~ ~y ~, ~ ~1 ~y ~ ~~ ~ di~fi~ ~ ~ifi~ly ~i~.
e. For ~e pu~ of ~s ~d ~el~t ~, Ti~
~id~ ~ ~d~ ~ly f~ t~t ~cy ~d ~1 only ~ ~tt~ in
distfic~ ~ ~ifi~lly ~i~t~.
~elli~. Row~: ~ ~ll~g T~o~.
~elli~. Sidle F~ilv Atica: ~ ~ll~g, T~o~.
~eili~. ~i~l~F~ilv or ~F~ilv: A building which I) ~ only one (I) d~lling
~it; 2) is ~ dmi~, ~ ~d ~pi~ by no ~m ~ ~e (I) fa~ly; 3) ~ the
~nimum ~d~ ~ ~y f~nt, side or ~r citation of ~ty-four (24) f~t; ~d 4) m~ the' .
~mum fl~r a~ ~d ~imum height ~ui~ of this ~e. ~e foll~ng conditio~
are ~ much a pa~ of ~e definiti~ ~ the pfi~ipal definition:
a. ~e ~lling ~1 ~mply ~ ~e ~nimum ~ f~' ~ui~ for single-
fa~ly d~llinp of this C~o for the di~ct in which it is I~.
b. ~e d~ll~g ~11 ~ ~~ ~ a ~blic ~'~d ~r.mpply or to ~ch private
faciliti~ appmv~ by ~ ~nty H~lth D~t.
c. ~e ~ singl~fa~ly d~iling ~y incl~e ~uf~tu~ ho~ when pl~ on
~ent fo~tion. M~ufac~ ho~ m~t ~t ~nimum ~dth, ~mum
f~ge, ~ximum height ~d all ~er ~ui~ appli~ble to on-site built d~llings.
Collier Count~ 6-11~ October JO, 1991
Land Development Cod~
-.
d. On-site built as well as manufactured homes must bo firmly attached to a permanent
foundation constructed on tb~ site in accordan~ with tbo County Building Cod~.
e. In the event that a dwelling is a m6bile home, it must comply with minimum width and
minimum squaru footage and must bo secured to the premises by an anchoring syat~m or
devi~ complying with the ml~ and regulations of the Florida Mobile Homo
Commission. Each mobile homo shah bo installed with the wheels under carriage or
chassis.
[hvetlin~. Tomdmme:. A group of three O) or more dwelling units attached to each other by ·
common wall or roof wherein each unit bas direct exterior access and no unit is located above
another, and each unit is completely separated from any other(s) by · rated tiro wall or · fire and
sound rcsistmt enclosed separation or space, and wherein each dwelling unit is on · separate lot
under septrate ownership.
ijh~rdlitm. Two-Family: A single, freestanding, conventional building intended, designed, used
and occupied as two (2) dwelling units attached by a common wall or roof, but wherein each unit
]~: A room or rooms connected together, constituting a separate, independent
housekeeping establishment for no moro than cmo (1) family, for owner occupancy, or for rmtal
or lease on · weekly, monthly, or longer basis, and physically separated from any other rooms
or dwelling units which may bo in lbo same structure. A dwelling unit contains sleeping and
stnitary facilities and only o~ (1) primary kitchen.
or enjoyment. [SEE DIV. 3.2]
Effective Radius {Communication Towers): A radius of 6 milos from a respective tower unless
· lesser rudius las been approved:
Endannered $oe~cies: As ~ by the U.S. Department of Interior Fish and Wildlife Servia.
~,agllH:~: A person r~gjsterod in tho State of Flor/da under Chapter 471, Florida Sta'tutcsl to
engsgo in the practice of engineori~,, g.
Environmattal Advisory Board: Advisory Board to tho Board of County Commissioners,
dealing with review and evaluation of specific zoning and .development petitions and their impact
on tho rcgulati6n, control, management uso or exploitation of any or all natural resources of or
within Collier County. [SEE DIV. 3.7 through 3.14 and DIV. 5.'13]
En¥iromnental Oualitv: The character or degree of excellenc° or degradation in the total
essential natural resources of tho area as measured by tho findings and standards of tho physical,
natural, and social sciences, tho arts and technology, and tho quantitative guidelines of Federal,
State ~nd County governments. [SEE [}IV. 3.7 THROUGH 3.14]'
049 574
Cot#er Couruy ~-19 Onober JO, 1~!
~ Built, ~, reconst~, moved upon,.or any pbynical opun~, ion on the premi~
required for buildinl, ExcawKion, fill, dneinsS~, demolition of' an existing structure, and tim like
sb~! bo considered pat of erection. (See Gonstm~ion, Actual.)
~tial Services: Services desil:ned md operated to, provide water, ~wer, fas, telephone,
electricity, cable television oF communications to tho general public by providers which have been
approved and authorized according to laws hying appropristo.jm'isdiction. [SEE ,,~C. 2.6.9]
~: Toe reax)val of an), material to · depth greater than 3 feet below existing grade over
any a~e~ or 1 foot below existing frede over.an area greater than 10,000 SClUam feet. [SEE DIV.
3.5]
Exotic V~etation: Tho entire phnt, or any part thereof, including seeds, of the fol!gwing:
- E~fleaf Acacia fAcacia
- Austn]hn Pine CCss~ ~n.)
- Melaleual i'Melaleuca fi~.)
- Down), Rosemyrtle
- Brazilian Pepper fSc~n~ terebinthifolins)
- $ivt Plum ~ ~mi~j)
[SEE DIV. 3.7 throuE, h 3.14]
Ex_Dloration. Ch*l'and Gas: Activities and facilities involved in tho search for and subsequent
production testing and field delineation of discovered petroleum and r~tursl
defined b), or used in tho contelt of Florida Statutes and Administrative Code, which may include
~eophysic~! exploration activities and sm'veys, construction of t~npontry access roach and Pads,
explorxtory drilling and the in-field r, eparation and removal of test production.
~lillJ~: One (1) or mom natural persons occupying a single dwelling'unit, provided th,it, unleu
,Ul members are related by hnv, blood, adoption, or marriage, no such family shall contain over
tour (4) persons, but further provided that domestic servants employed on tho premises may bo
houoed on the premises without belflf counted as j separtto or sdditional f·mily orS·milles. Tho
term t'tfnily sh~l not be cot~'ued to mean · fr·lemlt)', soror~, club, mons~ or convcnt, or
institutional fFoup."
Family Cfu'e FKIllI_v: A ruidcntisl t'~cility de·lined to be occupied by not more than six (6)
r~iclonts, plug SUl~visors, and cot~iluMs · single dwelling unit (i.e., ~lult conjregalo living
f'acilidc~, t'ost~ cam ~acilities, m~! tho developmanudly dinbled, but not us~ listed under Group
~ F~ili~ (~for~). This uso ~ .bo applicable to single-family dwelling units and mobile
homes. [SEE SEC. 2.6.26]
FJmilT l)tv ~tre Home: An o~cupied residence in which child es, re is r~,ulady provided and
for which · payment, fee, or frnt is received for any of tho childr~ given care, wheth~, or not
C~r JO, I~)1
D~H~I~ 6.$ Ddlnltl~
· tl~ facility is operat~ for profit. A family day cam honm shall bo allowed to provido cam for
one of tl~ followinf group~ of children:
A family day cam hon~ may cam for t maximum of tiro (5) preschool children from
mom than OhO unr~Jated family and a maximum of tiro (5) elementary school siblinss of
th~ preschoolers in cam after school hours. Tho maximum number of t~ve preschool
childrm includes preschool childrm in th~ hotm and preschool clu'ldren received for day
cam who are not i'ulat~d to tho resident car~giver. Tho total number of child? in tho
homo may not exceed ten (10) under this parafraph.
Co) When the homo is licensed nd provisions aru marlo for substitu~ care, · fsmily thy car~
~me may cam for a maximum of five (5) preschool children from more=than one
unrelated family, a maximum of three (3) elemcntary school siblings of tho preschool
children r~-ivinf care after school hours and a maximum of two (2) elemmtary-~hool
children unrelsted to the preschool children in cato nft~r school hours. Tho maximum
number of tiro (5) preschool children iu¢ludes preschool children in tho home and
preschool children r~fived for day cam who ar~ not r~lated to the resident cat,giver. -'_-.
Tho total number of childrm in tho hom~ may not exceed ten (10) childrm. ~ "
(¢) When tho homo is licensed ~d provisions ar~ made for substitute care, n family ~)' cato
homo may cato for a maximum number of seven (7) elementary school childr~ from
rnor~ than oho un~lated family rec~ivinf cato nf~' school hours. Pruchool children
shli not be in cam in the home. The total number of elements~y schOOl children in the
hom~ may not exc_,~__ seven trader this pararr~h.
Tho family day cam homo shall bo a permitted activity within a residential district.
Family day cam home shall bo required to re~ivo any r~luired licensinf or r~istration,
as applicablo by tho DeiMrtmmt of Health and Rehabilitative Services or any other stato
~l~ncy b. twinf tho authority to ros~la~o such homoa. ·
F~3ilz_Inf~n~: Ann~ inco~ derived ~m fill sou..es, n defined in .24 C~L~ 813~102,
Jncludin~ warm and'salari~, overtime pay, comntissJons, fees, tips, lifts and bonuses, interest
And divide, fids, benefits such aa payment from social security, annuities, jnsurtflce, retirement
funds, pension, din..bility or death benefits and other similar'typo, alimony, child support, and
welf'~,r~ fts~istance payments. [SEE SEC. 2.7.7]
Flrml Develflnment Or'de*: it final local dev~topmm order or n fltul DP, I development order.
Flnnl DRI Develooment OFder: A developn~nt order, as amended from time to time, adopted
by the Board of County Comfni~M of Collier County tnd tpproved by ~ State pursuant to
Sec. 3S0.06, Fla. Stat., notice of which is recorded purnaflt to See. 380.06(15)(0, Fla. Stat.
Final Local Develotwnent Orda': Any valid, un~tpir~l buildinf pmnft issued by the Count),.
B 049 , :576
!
lines of se~i¢ tanks, constructed with little to no disturban~ of surrounding biological
communities, a~ociated with waterfront areas, with a maximum construction fc~print of one
thom·nd (1000) square fe~t md one (1} asso~,_'_*.!_,~_ acce~ dc~k. All wasm collection fncilities
must bo designed for · temporary pthe~ing only, e.g., · portable toilet with wastes rt~moved for
pro[~r disposal.
]~llgl: Device~ generally mad~ of flexible materials, such as cloth, paper, or plastic, and
displayed on strings, i~les or tho like. This definition does not include the flag of any city,
county, stnto or country. [SEE DIV. 2.5]
l~ln~inn_ {Sen Tm'ties}: Tbo clear d~lineation of· sea turtle nest by placing thr~ or mor~ s~kes
in the ground around, but not in, tho nest md connecting the stakes with colored surv~or flagging
tap , iSi [ DIV. 3.
]~Rdl;~l: Low-lying land that will bo covered by the flood waters as a result of · one hundred
(I00) year storm event. Tbo land ma~ bo within tbo floodway of a natural str~un, slough, canal
or-within tl~ area(s) defined on II~ Flood tnsuranc~ Ram Map (FIR~) by tim Federal Emergency
Management A~n~"y (FEMA). [SEE DIV. 3.2]
~ood~: R~flector ~ light fixture which, is attached direly to · building and which is
unshi¢lded.
]~IRRr..~: TI~ sum of tim groes ho~zmtal a~as of Ibu several floors of · building mensur~d
from tl~ extt~ior faces of tbo ext~ior walls or from tho cent~rlin~ of common walls separating
two buildings, excluding ntti¢ m with · headroom of less than seven (7) fe~, enclosed or
unencloml rain or fim' o , l vator structurus, co l ng towns, arms d voted to air
conditioning, ventilating on' beetling or other building machinery and equipment, parking structure,
and crawl space wheru lira ceiling is not mo~ than an averag~ of forty~eight (48) inches above
tho general finished grade level of tl~ adjacent portion of the lot, except u may b~ otherwise
indicated in r~lation to particular distr/cm, and uses.
· . ]~..d~ll=.l~lY~: The quotient rvmdting from dividing the floor area of · building by the area
of tho lot on which tho building is located,
~RIXI.~: The length of the properly line of any one pr~rnises along · s~r~t on which it boarders.
Fr°ntane of a Buildinn: ~ Building Frontage.
Front·ne of a Lot: Se~ l.,ot Frontage..
.Ctllla=.~: A system wheru two (2) or mom waterwalls ar~ coupled together with a common
header ~r manifold. [SEE DIV. 3.6]
~]~K~,.~l~d~: A building or portion thereof designed or used for temporary parking of motor
vehicles, and within which gasoline and oils may bo sold only to parking patrons of the garage.
5"/*'Z
~: An access~, structure designed or umi for inside perkins.of'Private passenger
vchicle~, reere~on vehicles, or boom, solely by tho occupants or the main buildinf. A private
ge~age attached to or a part of the train structure is to be considered part of tho main building.
There can bo no public shop or mechanical service in connection'with a private garage.
STxlXI~,~,~I~.. A building or portion thereof, other t~Jan a private, storage, or parking garage
or automobile service station, designed or used for repairing, equipping, or servicing of motor
vehicles. Such garages may also bo used for hiring, renting, or selling ofumtor v~ticles.
~y.J~gfd_~.* A building or portion thereof designed and used primarily for tho Jstoragn of
motor vehicles or boats, and within which temporary parking may also be Permi. '~,
fd:lde: An established elevation. ..
Gr~vth Manafement l~rector or GMP: The Orowth Manafetnent Director or his designee.
[Si313 DIV. 2.IS]
Growth Maflafernent Plan or GMP: Tho most re,~ntly adc~pted and effectivo Comprehensive ..~.
Plan of Collier County, aa amended from time to time. !~ ·
~ Plants, other than tuff'grass, normally ruching an average maximum height of not
more ttan twenty-font (24) inches at maturity. [SEE SEC. 2.41 ~
~ Any wa~ which may bo drtwn from the a~,,~d. [SEE t)~. 2.61
(~FOUD Care Facility: A type of facility, which provides n living envir6nment for seven (7) to
fem',een (14) residents who operato as tbo functional equivalent of a family, including such
supervision and care by supportive staff as may bo necessary to meet tho physical, emotional, and
social needs of tho residents,
a. Category I: A Oroup Cero Facility designed to accommodate seven (7) to fourteen (14)
cared for reeideats, plus resident supervisors (J.e., adult congregate living facilities, fester
care facilities, and' b developmentally disabled).
b. Category II: ^ Group Cato Facility designed to accenunodato cared for ruidents, plus
r~idant s~'pervisors. Thio typo of facility off0ru m hither levol of personal and
therapeutic care than · Categnry I facility (i.e., crisis and attention care, displaced adult '
care, homeless shelters, mental health care, offender halfway houses, spouse abuse care,
substance abuse care, and youth shelters).
[sEE SEC. 2.6.26]
G~ut: A mixture of water, Portland cement (American ~ lnstituto type I, II or type IH,"
or any other types of cement approved by tho County), nd other additi~;es listed under Section
4.0 (21), or other additives approved by tho County. Grout composition shall not exceed six (6)
gallons of water per cubic foot of cement. [SEE DIV. 2.61
~olll#r Co~mty 6.~ October $0, IPgl
Grouo Ho~0_~: A building used as a dwelling for. a group of unrelated persons living together in
a family living environment as a unit under the supervision of a local 'or state agency. Such
facility includ~ the term 'foster care home'. The facility shall meet lhe physical, emotional and
social ne~cl.s of tho persons in the home. [SEE SEC. 2.6.26]
G~u~ Ho~ksj.o,g: Housing structures designed to meet the special needs (such as housing, health,
and socialization) of certain segments of the population, such as youth, the elderly, or the
developmenutlly disabled. Group housing refers to the following types of stroctures: Family Care.
Facilities, Group Care Facilities (Category I and Category II), Care Units, and Nursing Homes.
[SEE SEC. 2.6.26]
~t~: A roem or rooms connected together, constituting · separate, independent
housekeeping establishment and physically separated from any other rooms or group housin~ units,
which may be in the same structure, with or without complete kitchen facilities, and cofitaining
sleeping facilities and sanitary facilities. A group housing unit is applicable to the following types
of structure: Family Care Facilities, Group Care Fscilities (Category I and Category II), Care.
Units, and Nursing Homes. [SEE SEC. 2.6.26] I~
Guest Hou~ or Cottage: An accessory dwelling unit which might or might not' include ~o~king
facilities, which is incorporated, attached to, or det~hed from a principal dwelling; and which is
used exclusively for the non-commercial (non-rental) accommodation of friends or relatives of the
occupant or owner of the principal dwelling. Guest houses or cottages are not permitted in
development that is receiving an AHDB. [SEE SEC. 2.6.14 and 2.7.7]
]~Rit~f.=~itl~: An individual who assists the User or blaster and who is approved by the
User or blaster to handle but not to purchase, possess or detonate explosives. [SEE DIV. 3.4]
Health Deo:artment: The Collier County Health Departn~at.
Hed.~e: A landscape barrier consisting of a continuous, dense planting of shrubs.
Hei~,ht of ~_ Building: See Building, Height of.
Hiihwav: Any public thoroughfare (federal, state or local), the principal purpose of which is to
afford prim,try access to the general area in which it is located. [SEE DIV. 3.2]
ItistoricallArchaeolonical Buildinn. Prot~,rtv. Site. or Structure: Any building, property, site,
or structure designated pursuant to Section 2.2.25. [SEE SEC. 2.2.25]
tlistorical/Ar~haeolonical District: Any district designated pursuant to Section 8 of this
Ordinance and is a geographically definable area, urban' or rural, .possessing a significant
concentration, linkage, or continuity of sites, buildings, structures, or properties united by past
events or aesthetically by plan or physical development. A district amy also compri~ individual
elements separated geographically but link~ by association or history. [SEE SEC. 2.2.251
[J49 , 570
C~llltr Coun~ 6.24 October JO, I ~1
~ Dtv¢~opment Codt
Dh~ 6.3
Hlsqm-ic/Ar~hseolo~ical Prem~sflon B(mrd:. ~ ~v~ ~ ~~ ~ ~ ~ of
~ ~~ ~g ~ ~, ~, ~ dufi~ ~ifi~ ~. [S~ SEC.
2.2.~ ~ DW. ~. 14]
~l~g. ~ ~ ii~ m, ~~, ~u~, ~~s, ~ti~o A~
~i~ti~ ~d ~, ~id si~, ~~ ~tle~m, '1~' historic nd ~~c
~y o~er ~j~ of ~fi~ ~f ~ ~ hi~, ~, g~~t ~ ~ of ~lli~
~ty, ~o~. [SER SEC. 2.2.~]
~o~ and A~I~ S~o nd ~~: ~ H~c/~lo~ S~ey ~d
~~t M ~ ~1~ ~ a ~ifi~ ~!o~ ~g ~ ~idei~ ~blish~ by
~fi~ ~m of ~s ~~..[SEE SEC. 2.2.~
H~e for t~ A~: A ~ili~ f~ ~ ~ of
nd ~si~ ~. A ~ f~ ~
chicle ~ M ~ a~. [SEE SEC.
H~e ~flon: ~ ~~ ~ ~y
2.6.~. [SEE SEC. 2.6.~1
a ~t ~, ~l~f ~ ~~
~n~ Co~[~ ~: A ~~um ~, n ~m~ h ~. 718.103(11),
Fl~ S~, ~ ~, ~ b ~bj~.M ~ ~clmivo ~ ~ ~mti~.by
.. a s~glo ~ominium ~i~; ~ a ~
718.103~3), ~o~ S~ u ~, ~i~ ~f~
l~d ~6s~g a ,p~" u ~~ ~ ~y o~g~l d~lmti~ of ~do~um, or ~ .
~d~t ~, u.~i~ bye. 718.~3, ~o~ S~m~, ~ ~d~. [SEE DIV. 3.2
~d Dc~tion of Su~ivisi~]
. ~o~n~ C~flve ~: A ~ive ~y, ~ ~ ~ ~. 71~. 103(11), Fio~
~do~ ~i~, or
~~ ~f~ m u a ~ ~~um,
~y I~d ~~g n "p~* ~ d~
~d~t ~, ~ ~i~ by ~. 719.~3 ~ S~, ~ ~d~. [SEE DIV. 3.2
~d de~fi~ of Su~ivi~]
· '
ffi fl49., 580
Collier Cowuy 6-2.I Oclobcr S0, ] 991
/ DcR~ldmll
noeds of tho tomdmlly ill.
HIMOLIiI: A bullainf or Stoup of ~ild~p hvinf f~ttitim f~ ~ni~t
hu~ ~tim~, ~dhg ~ m h~im~ nd ~i~ ~ m ~o sick ~ hju~, or
~iol ~m which off~ ~ma~ ~ ur~mt ~m t~t~t f~ all t~ of inju~ ~d tmu~
(~h ~ ~o Ma~ Ur~mt C~ ~ Ool~ Oflm Ur~mt ~m f~ilitt~), ~d which ~y i~lude
~ ~h~ f~ilitim !~~, ~mt ~i~, ~ f~iliti~, ~t~ ~i~ f~iliti~
~d ~ff f~ilid~; ~, ~, ~ ny ml~ f~ili~ ~1 ~ ~idm~ ~d
to p~ci~ ~i~ or ~i~ ~ m nd ~ion. A h~i~ is n i~mti~ ~ ~d~
Ho~: A ~li~ off~f ~mt I~ ~~~ ~ly
g~c~ ~blic ~ ~i~ly ~idh~ ~ M, ~h ~: ~~,
~~ f~d~ H~diff~t~~b,h~h ~md~~ea
~m m~ di~ly ~ ~ ~ of ~ ~iid~ ~t m~ mt~ is
h~or of ~ ~ild~f ~h a logy. F~ ~o ~ of ~1~ ~i~ti~ ~i~ ~h
~ ~m ~1 ~ ~i~ a ~I1~ ~t.
Ho~ or Mo~ U~t: A ~ ~ ~ ~t is n ~t ~ f~ ~mt ~ ~ udl~
f~ ~ pu~ ~y. A ~ ~ ~ ~t ~y'hve ~ ~ m~f f~litim. A howl
~: ~ ~ u 'F~ly." [SEE SEC. ~7.~
Ho~ld I~ ~ ~ n "F~y ~' [SEE SEC. ~7.7]
Hv~lc Elma~ ~fi: A ~le d~ll~'~ ~ m~ mR~ m ~i~ for ~o ~e~t
of hyd~lic el~ ~. [SEE DIV. 3.6]
' ~~ A ~m~ ~m ~ ~oi~ ~ p~fily ~ ~o h~th~ ~, nd
. ~ ~1 ~t ~ ~i~ ~ h~ ~ ~ ~ u a ~~t ~i~ or st~.
'. ~Da~ SMt~t: A m~t ~fib~f ~o aK~ of ~ ~ d~el~t u~n
~c, ~iM, ~vi~~l ~ physi~ ~M of ~e ~n~ nd ~o a~ p~' for
d~el~t. [SEE DIV. 3.21
~o~v~mt ~: ~1 ~ ~1~ pl~, ~! ~fi~i~, ~~f ~,
d~i~ ~~, ~fi~ pl~ nd d~, p~ pie, ~t appli~ti~ ~d '
o~or d~u~U ~d i~ n~ ~ ~t ~ p~r nd ~tem ~i~ ~d app~vM of
, ~b~i~ f~ ~ ~el~t of ~. [SEE DIV. 3.2] ·
lnd~ or Ind~al: A ~ f~ ~e ~ of~ic p~inf Ud ~uf~m~f of ~als
or p~U p~o~ly ~m ex~ or ~ ~s, or a ~ for ~o
County ~-26 October JO. l~I
condition; a~o a
~ ~Y ~Z ~ i~ ~ ~ (3/4) ~ ~ d~ ~ ~ch
~~ ~ ~ ~ ~ ~p ~~y ~M ~ a ~lo ~~t plug.
[sEs Div. 3.61
~t~'~ ~om~: A ~~t plm ~ ~ ~1~ ~ foU~g
I~fifi~ of ~ ~ ~i~ ~ ~ ~ ~ of ~e ~ ~iti~l
p~;
b. ~bli~ ~ ~ ~of~ ~! ~~t ~ ~ ~H~ ~
~lli~ ~ o~.
[SEE D~V. 3.2l
~: W~ ~ ~ ~ ~ ~ ~ ~ of ~cimt ~ ~ ~ p~
, ~ ~ ~ ~ ~ of ~ ~ ~ ~it of ~lt ~ ~ ~y ~ a nui~, ~ or.
h~ p~l~, [[8B DIV. 3.2] "
]:~,AZuidJllg: An establishment licensed ~o operate n facility housing dogs, cats, or other house, hold
peO of th~ keeping of mom than Uu'ee (3) dogs, six (6) months or older, on promises used for
residential purposes, or the keeping of moro tlum two (2) dogs on property used for industrial or
commm~ial security putlXne.. .,
Cotlter County ~.27 O~ober JO, 1991
~., ~ t:~,v~tep,ntnt cottt
/
Land: The earth, wa~r, and air, abcn~, below, or on tho ~urf'ace, nd tncludee an), improvements
or ~tru~ur~ .ont~marily reprded u land.
Land ~dooment Re~ulatlon~ or Land Oeydoovrlent Code: Ordinances enactod by tho Board
o( County Commissioners o(Coilier County pursuant to Sec. 163.3161 c~. ;seq., Fla. Stat., for
tho reguhtion of dovelopment, and includes any ~oning, sulxlivision, impact fee, building
construction, or sign regulations, or any other regulations controlling tha development of hind, and
where appropriate, this Code.
Landscape Arr. hi!_-~__: A person licensed to practice landscai~ architecture within the Stat~ of
Florida.
Landsone Buffer:. An ma of land :~tfi~ is required ~o b~ set asid~ along the perimeter of ·
lot in which landscaping (existing, t~located or introduced) is used to provide · transition between,
and to reduce the tmdesirable or incompatible impacts between differing land uses. [SEE DIV.
2.41 .
/,~llgaiall~: Any combination'of living plants and non-living landscapu materialsL [SEE DIV.
2.41
Landscao[n~. Cultivated: Any landscaping that is installed, planted, sown, improved by labor,
etc., sad that is not naturally occurring. [SEE DIV. 2.4]
LBR: Limerock Bearing Ratio; test m~thod for determining soilbearing values, as set forth in
Section 6-5.4 of Florida D.O.T. Standard Specifications, latest published edition. [SEE DIV. 3;2]
Lease With Ootlon to Pm'chase: Affordable housing in the form of an Affordable Housing
Owner-Occupied Unit wher~ all or part of leas~ or rental payments ar~ :contractually applied to
the purchase price. In this r~gard, both th~ leas~ or rental payments and the ultimat~ purchase
price of tho unit shall meet the definition of affor~ble housing.' However, the unit shall otherwise
be treated the sam~ as an Affordable Housing Owner-Occupied Unit. [SEE SEC. 2.7.7]
" ~I~: Includes N~v Year's Day; Martin Luther King Holiday, Pr~idents .Day
(Observed), Memorial Day (Observed), Independence Day, Labor Day, Veterans Day,
Thsnksgiving Day, Christmas Day.
~,d=l.~: A day/night 24 hour average sound level, in decibels, obtained after addition
of 10 decibels to sound I~vals 0c~urring during the night timo period from 10 p.m. to 7 a.m.
Levet of Service {LOSh An indicator of. the extent or degr~ of service provided by, or proposed
to be provided by a Pubii¢ Facility based on and ~lated to the operational characteristics of the
Public Facility, s.s. adopted in the Collier County Growth Management Plan..LOS shall indicate
the csl~city per unit of demand for each Public Facility. [SEE DIV. 3.15]
m 553'
Collier Cou~ 6-28 October $0. 1991
~ A mm/lie or nomne~lic pipe which is'installed'either wifl,;;, tho outer cuinf to
improve, repair, or protect the outer cuing or below the outer c~inf to seal off cxvinf material
which may be encountered ia tho open hole of' the well, [SEE DI¥, :3,6J
L~dinf S0ace. Off-Str~: A spsco logically md ~:c~vmicntly located for Pickupe md/or
d~liveries or for Ioeding md/or unloading, sc~ed to delivery vehicles expected to bo used
s:c~ssibte to such ve/dcles when r~luired off-street pm4cing spaces tm filled. [DW. 2.3]
Lootir~. Dillmdnf. vnndalizlnf, m* desecration of historic ~nd m'cl~_~_lo~*cnJ sites
historic o~ m'cha~lofical Si~ structure, building, or ~, mifact, hunch burials, humta
skele, t~! remxins or moci.h~d burial .rtif. cta, found upou or within ny public or ..pfiv. to !.~1
inclu&ng subm~ged bads. [SEE SEC:.2.2.
LOS for Cnnita] Dr~inffe Fnctlifles: Ytrie~ .mouf 1) n~w or existing c~i~ drain.ge ~'scilities
owned or operated by I local government or oth.r public entity, 2) existinf ctpital
f'·cilities owned or ol~med by priv.to Ix. sons, nd :3) new c. pital df'Au.fo fscilities owned
opemed by privnte persot~. For thoee capital drdmfo f, cilitim (publicly m' priv, te!y .o~ed) that
· r~ in exist~x~e on the effecdvo d~e of this ordinmes tad for those new c. pital dralnsg!, facilities
own~ or operated by · local fovernment or other public entity, the LOS is tho existihf .LOS to
bo identified (by design storm tatum frequency event) pursufm to the completion of tht Collier
County Wf~r Mtatfement Muter Pit-. For new espi~ drf~n~fo fm:ilities owned or
by priv,~ persons, tho LOS is identified in ~o Dr'~Lugo Sub-element tad Capital Improvement
Element Policy !. 1.$.A.$ (present requimmenta tro· 2S-yesr, 3-~ty storm went) tad is
on thoso sttadarch tad requirements for renewal .nd .pproval of draintgo tad stormwnr~-
mu.gemeat Pi.ns emblished in the Collier County W.r~.r Mm~gement Policy Ordinm~0, Ord.
No. 74.-50, u tmmded or succeeded, which is incorpor~M herein by reference. [SEE DIV. 3.1~J
LOS for Cioifsl l~Lrk Ftcilitjes: 2.9412 scr~ per 1,~ ~ for m~ ~ lind; 1.2882
~ ~/1,~
~t ~) f~ ~~ ~jfi~. [SEE n~. 3.1S]
LOS for ~nJ~ ~ble Wt~ F~li~: V~ ~ ~blic ~ ~ md paw
~ sync. For ~blic ~ ~, ~o ~ is 13S ~1~ ~ ~pim ~ ~y ~, pl~
21 ~ for n~-~id~fial ~l~t (ox~t in
LOS 163
~j~t). For pfiva~ ~!~ ~r ~e~, ~o LOS is n foll~, exit ~t ap~v~
pfivam ~lls ~ exert from ~ L~ ~ui~:
G~lom
Tv~ of ~bl~t
~. ..
~) ~ ~ e~loy~ ~ 20
m 049 581
~er ~ b29 ~r 30, 1~1
Tv'ne of*Establhhmmt 12ny=LC.d~P_L
Bowlinj nil,y, (~il~ wnm~ only
p~ hne) 1~0
(n) per resident meml~ lO0
· ('c)) per mf~d~ present
(c) ~ employeo. 20
Deutis~ Offices
(a) per wet chit
(b) per non-wet chit
Doc:ton o~ce~ (per doctor)
PKtories, exclusive of indus~sl wute~
(f~llom. per person per
(e) no showers provided 20
Co) ,howm provided
(,) ordin~ rutmxrut (p~ seat) so
(b) 24 bo~r remmut (per se~)
(c) sinflo service articles only ~ person) 25
(d) bar and cocktail Iounfe (per person)
(e) drive-in rutaurut (pm' car sl~:e) '50
(0 csJ-ry o~t
1. per I00 squaru feet of floor space 50
2. add per employee 20
· ~). xa~itu~on~ ~,~ mca0
Hotels and
, (n) ~ular (j~x' room) .1~0
(b) re~ort l~ls, camln, cottages
(.t~r person) 75'
(¢) add for MtaGlishmeats with self
servi~ I.atmdry facilities ~ machine) 400
Offic~ building (per cmploye~ per 8
hour shift) 20
Closet and per' urinal) 250
Shoppinf centers ~thout food or laundry
f.ner squar~ foot of floor space) 0.1
Stadiums, rac~ tracb, hll parks
(per seat)$ Stores per square foot of floqr since 0.1
(a) indoor, auditoriums (.ver_seatL 5
l
Collltr C-tnmty 6.JO October JO, 1991
(b) ou~or, drlv~-ias O~ q~-~) io
Tndl~r/Mobile Hon~ P~ ~ ~1~ ~) ' 2~
(a) T~d ~l~ (~t), ~t
~ ~ ~ h~ ~ t~l~
(~) ~ ~!~ ~y
~ ~) ~ ~o
(C) ~ f~ ~f~ 5
~~~ ~ ~) so
1 ~m
" ~ ~!~ ~ 150
h~ or ~J~ ~ 450
4 ~ ~m ~~ nd ~m ~ 2~
[SEE D~.
Colll rr ~flry ' 6-11 O~b~r JO, I PPl
LOS for C. nnttnl Rnad i~acilltitn: On II~ Major Road N~.twork Sys~m varias d~ndin~ on tho
typu of fond, and Is based on a dammed peak season, peak hour. Tim LOS on the following
County rcada is LOS 'E' peak season, peak hour:.
Airport Road Pin~ Ridge Road to Oolden Gate
-. Parkway'
~... Golden ~3a~ Pad,way Airport Road to Santa Bad~a~
· Goodlett"-Frank Road Pin. Rid~ Road to Golden Gat.
· :- Padtway
, Oo~lle~-Frank Road Oolden Gain Parkway to U.$. 41
Pine Rld~ P.o~d Airpo~ Road to 1-75.
On all other County roads on tl~ Major R~d Network System, tho Los is 'D" peak season, peak
hour;, however such a County road s~im-~ ma}, of,.'~ at LO~ 'E,' ~ s.~on, pask ho~r, for
a I~rtod not to .x _e,~__ two (2) riseal yuan so as to provtd~ eolll,r County flma to mak. th.
Capital Road Improvers needed to ~ the road to LOS 'D" peak season, peak hour. or
better.
The LOS on Sta~ and Federal ro~ds shall b~ as follows based on peak season, peak hour:.
Road
1-75 C , D
U.S. 41' C - D
· . $.R. 84 D D
S.R. 951 - E
$.R. 82 ' C
LO~; fQr Ca0ital Sanitary Sewer Facilities: Varies between public sanitary sewer systems and
privat, r, zn. itafy sewer s~stems. The LOS for public sanitary sewer, syst. ms is 100 gallons per
capita per day fA, pcd), plus 21~ for non-r,sidential d~wlopment, makin~ the LOS 121 ~'d.
The LOS for private sanitary sewer systems is as required by the Stat. of Florida in Chapter 10-
D-6, F.A.C. Thes~ standards vary according to the type of land use. They are as follows, except
that approved privat~ .eplic syst.ms are ~xempt from these LOS requirements:
049. .587
Collier County 6-32 October JO, I~;~1
/.
:~.~ TTDe of Establishment ~v (GPD)
(a) indoor, auditoriums (.ocr set)
Co) outdoor, ddvo-ins f.oW space) I0
Trailer/Mobilo Homo Park ~ trailer space) 200
Travel trailer/recreational vehiclo park
(a) Travel tniler (overni~h0, without ·
· water and sew~ hookup (i~ trailer
sp~e) 5O
(b) Travel tniler (overnigh0, With
trailer sl~.~).
Sw~m,~,,~.and bath!_n~ facilities, public
(j~ pmon) ~o
Chu~ (1~ sw) 3
Hcepi~b ~ ~ 200
Pu~. p~bH¢
ia) with to~m'on3~ (j~r ~on)
· (~ S~on) ~0
Public institutions other than schools
nd hospitals (per i~*rson) 100
Schools f.Der student)
(a) ~hy~ype .IS
(c) add fo,'cafoterh
(d) add for day Khool workera 15
(e) bond'-l-e/po 75
Wod:/~tion camps.
semi-permanent ~ .w~e0
Residencea
· , (.) ,inflo family ~r bodroom) i50
(b) apartment (per bedroom)
(c) mobilo homo not in a trailer
part (per. bedroom)
(d) other (per occupmt) 75
[SEE DIV. 3.1:5]
LOS for Capital Solid Waste.F, cilids: Requiru ,ufficient c.~ital solid waste f, cilitie~ to
dispose of 1.55 tons of solid wasto per capita per year. In addition, tho LOS requires two (2)
years of landfill lined cell disposal capacity at present fill rates and ten (10) years of landfill raw
land capacity at present fill rates. [SEE DIV. 3.15]
ffi 049, . 580
Co~cr Cow~ 6-$4 Ocrot~rr JO, 199]
LOS "C" Desk set·off. _rusk hour:, Is in tim range of stable flow, but marks, the beginning oftbe
range of flow in which th op0ration of individual use· becomes significantly' tffocted by'
int~rictions with others in th traffic strum. The selection of speed J· flffected by' tho presence
of ochers, md mmeuvering wi~h_;._ tbe traffic strum requires sub~t~ti~l.vigilance on the piti of
tho user. Tho general leVel of comfort md convenience declines noticeably at this level. LOS
'C' pesJc scs·on, peak bout, is baled on the thirtieth (30th) highest hourly traffic volumes during
· calendar yea: for the various typ~ of P. cede defined by Special Re·orr :209, 'Higl~way Capacity
Manual,' Transportatioi: Research Board, N~onal Research Council, Wishin~on; D.C., 19~,
or subscq~,znt r~Csions there, to. [SEE DIV. :3.15]
LOS *'D" m~ak setson, oeak lmm':. ReFracts a high-density, but stable, flow. Speed and'
fazdom tomaneuver are severely.restricted, md tho driver or pedestrian experiences a generally
poor leVel of comfort sad convenience. Small increases in traffic flow will fen .~ly
operational problems at this level. /..OS 'D' peak season, peak hour, is based on the thirtieth
(30th) highest hourly traffic volumes during a calendar year for tho various types of Roads'def'd2ed
by $[x:cial R _eport 209, 'Highway Capacity Manual,' Transpomtion Research Board, National
Research Cou~il, Washington, D.C:,, 1985, or subsequent revisions thereto. [SEE t)IV.
.._..
LOS "Ii*' Desk setson. Desk hour:. R~____ts operating conditions at or nenf. cepi~ity. All
speeds are significantly reduced, Freedom to maneuver ia difficult. Comfort and convenience
js extremely poor, find motorist frustration is ~nerally high. LOS 'E' peak season, pe~_~,'hour,
is based on the thirtieth (30th) highest hourly traffic volumes during a calendar yes: for the
vtrious types of Roads defined by Six. al Ret~art 209, 'Highway Capacity M·nual,'
TraAsportation Resesrch Board, National Research Council, Washin~,ton, D.C., 1985, or
subsequent r,~isions ther. to. [SEli DIV. 3.
LOt: See l..ot of Rocerd.
Lg.K...C.,RI:II~* A lot located at tbe inmsection of two or moro streets. A lot abutting a curved
stn~ or streets shaft be considered a corner lot if straiSt lines drawn from tho foremost points.
of the side lot lines to the for~xast point of ~ lot meet at an inte~rior anglo of less than 135
defr~es.
l~.J:nOla~** TI~ front of an interior lot t, construed to be tho portion nesreat tho street. For
tho purpo~ of determining yard requiring·ts on corner Jots and through lots, all sides of a lot'"
· &dj·cent to stre~ are to be consi~ fronta~o,,sod yards shall be as set out in this Unified land
Dev~lopmmt Code.
J,~ A lot other than a comer lot, with only one frontage on a street.
Lot Measurnnent. i)eoth: Depth' of· !o~ is considered to b~ the distance between the midpoints
· . of stndght lines connecting tho foremost points of the side lot lines in fr6nt and tho rearmost points '
· · of the side lot lines in the rear.
CoUrt Cosm~ 6,15 Oero6er $0, 191
Ldnd De~topr~Ar Co&
Lot Messur~ Width: Width of~ lot dudl bo considered to be tim rage distmco between
straight lines ¢onno~g front and rear lot lines at each si~ of tho lot, mensured as $tr~ght lines
between tho foremost points of tl~ $1da lot lines in front (whe~ they intersect with the street line)
and the rearmost points of th~ side lot line~ in tho rear, provided however, that tim width between
the side lines at their for,~noat points in the. front shall not bo less than eighty (80~) percent of
the required lot width, except in tho case of lots on the turning circle of a cul-de-sac when the
$05~ requirement shall not apply. Tho minimum lot.width on a cul-de-sac shall bo figured by
drawing a straight line at tim chord, then drawing a stntight line parallel to it at tho required
setback line for that particular zoning district. That new established line shall meet the min~mtlm
lot width of that district.
],d~Ig..~da;Rl~: 'A lot of hz:etd is (I) a lot which is part of a subdivision recxmied in the Public
Records of Collier County, Florida;'or (2) · lot, parcel, or the least fractional unit of land or
water under common ownership which has limited fixed boundaries, described by metes and
bounds or other specific legal doaeription, tl~ description of which has been so record~ in the
Public Records of Collier County, Florida, tm or before tho effective dat~ of this Land
Development Co4n; or (3) · lot, parcel,or the least fractional unit of land or water under common
ownership which has limited fixed boundaries, for which an agre~nent for deed was executed
prior to October 14, 1974 if within tl~ Coastal Area Planning District, and January 5, 1982 if
presently within or prmdously witJ~n the lmmokalen Area Planning District prior to May 1, 1979.
lot of Record. Non-Conformlnn: See Non .-Cgnforming Lot of Record.
~: A lot other Rum a corner lot, with frontsgo on nxn~ than one street. Thr~gh
lots abutting two streets may bo referred to as double fron~-g~ lots.
~w Income: The total annual adjusted gresa family incoma which is within the range from 51-80
percent, inclusive, of tbo median annual adjusted grtm incon~ as publi~ed annually by the U.S.
Department of Housing and UCoan Development, for households with_in_ tho Naples Metropolitan
Statistical Area (MgA). [SEE SEC. 2.7.7]
Low Profile Luminalre:. Light fixture s~. on a hzso which rais~ tho source of tho light no higher
than forty-eight (41~) inchea off Rm ground, and designed in such a way that light is directed
downward from a hooded light ~ourco.
Major Rgcreationa! Enui_ument:' Boats and boat trailers, travel trailer, pi¢lmp campers or.
coaches (designed to bo mounted tin motorized vehicles), motorized dwellings or motor hom~
over twenty (20) feet in length, tent trailers, popont campers, houseboats, and tho like, and cases
or'boxea used for transporting .t~'r~aional equipment, whether occupied by such equipment or .
· not. [SEE SEC, 2.6.7]
~ajor Road Network $_vstem: .All artful and collector roads x~tithin th~ total unincorporated
Collier County. The Major Road Network System is depicted in tho Traffic Circulation Element
of the Collier County Growth Management Plan. [SEE DIV. 3.15]
Major Site De~dooment Plan Review:. A plm submi~ion involving · two-stop mviow proco~
which roquir~ th~ roviow and approval of a Preliminary SDP prior to tho mbmi#ion of I Final
SDP. [SEB DIV. 3.:1]
~iiIiiL[~: A roof that has two ~) slopes on all fou.r sides, with the lower slope steeper than
the upper. [SEE DIV. 2.5] '
Manual on Uniform Trafne Control l)eviges: Late~ edition of manual issued {~y the Florida
· Depart,n~t of T,,n,pomti~.
~ll: A representation on · plan~ surfaco, at an established scale, of the physical featur~ ·
(natural, artificial or both) of a part or ~ whole of the earth's surface. A map may erupt,
gmeraliz~ or omit the repre~ntati'on of certain features to satisfy specific requiremm..ts. [SEE
MaD of Areas of Hlstorical/Archaeolot4eal Probability: The official map created by tl~
Preservation Board and adopted by fl~o Board of County Commissioners delineating arms a~l sites
and potential ar~s and sites of historical/archaeological significance. [SEE SEC. 2.2.25] ~...
]~iil{l: A boating facility, chiefly for recreational boating, located on navigab!ewat~rJkuntage,
and providing all or any combination of the following: boat slips or dockage, dry boat stctrage,
small boat hauling or launching facilities, mahne fuel and lubricants, marine supplie~, Bait and
fishing equipment, restaurants, boat and boat motor sales, and rentals. Minor boat, rigging and
motor re, ir which is incidental to the principal maiina use is generally allowed as an accessory
use. Howv,,er, no dredge, {:,argo or other work-dockage or service is permitted, .and no boat
construction or reconstruction is permitted. A boat sales lot is not n marina.
l~[tllllM~: Tho developmmt of the rmourc~ of the sea, especially with reference to food.
I{~IIIIU~: A roofing muctum prqjectin~ over an ~ntranco of n building.
Mean Hlnh Wares' Line: TI~ intersection of tim tidal plane of mean high water .with the shore
as established by the.Florida Coastal Mapping Act of 1974, Clmapter 74-56, Laws of Florida.
MetroDolitan Statistical Ares fMSA{: As defined by tho U.S. Census, one or more entire
counties economically and socially integr-_!_-d_ that have a large population center which meets the
following criteria: ..
a. Ouo central city with $0,000 inhabitants or mor~; or
b. A central city with a least 25,000 inhabitants provided:
c. That the city's population.taken together with that of contiguous places totals at least '
50,000 inhabitants and constitutes for general economic and social purpos~ s-single
ffi iI49
L~ DM~ C~
d. Tht the county or counties in which these places am located have at least ?5,000
inhabitanta.
[Sl~13 sl~H. 2.7.7]
]~in~mum Descent Altitude {MDA]: Tho l~vest shove mean sea level (AMSL) altitude to which
descent is authofi2~ on final approsch or during circling-to-land maneuvering in execution of n
St, tudard lnstrun~nt Approach Proceduw (SIAP) where electronic glide slope ts not provided.
~lnimum Obstruction Cletrance Altitude (MOCA~: Tho lowest published ~ltitudo between
ndto fixes on Fe6mi vari~lo omni*diructioeal rang0 (VOR) ~irw~ys, off4irw~ys routes, or route
segments that meets obtmcflon clesrance requirements for the entire mute segment and s. uures
acceptable navigstiond signal coveragn only within 22 ~les or, VOR.
A4ln;mum Yectorinf Altitude CMVAJ: The lowest above mean sea level (AMSL) altitude at
which aircraft operat-inf on Instrument Flight Rules (IFR) will be vectored by m radar controller,
except w~en otherwise authorized for radar apprmches, d~rturu or missed ftppro~ches.
]~lnor Site Develo_mnent Plan Review: A plan subrnts~ion involving · one-step rev!ew process,
~ A development tomb up ofn combination of uses usually found in separaM districts.
Examples of mixed uses may include:, two m: mom types of residential dwelling units; or
in conformance with tho Future Land Use Element of the Growth Management Plan.
~lobile Home: A detached dwelling unit with all of the following ~stica: (a) designed for
long-term occupancy and c~ntaining sleeping accommodations, a flush toilet, · tub or shower bath,
and kitchen facit;ties, with plumbing iud electrical connections provided for aUaclunent to ou~de
systenu; (b) designed for trnspo~on after f·brication on streeU or highways on its own wheels,
and (c) arriving ·t tho site where it is to be occupied ~s a dw.e. Iling complete, including major
appli~.~ and furniture, and reedy' for occupancy except for minor and incidental unpacking and
a~embly opermions, location on jacks or bther .temponry or perm~ent foundations, connection
to utilities and the like· A travel trailer Js not to be considered aa a mobile home.
The structu~ shall be transportable in one (I) or moro sections and is certified to be in conformity .
with tho Mobile Homo Safety ~! ,Construction Standards of tho United States Department of
Housinf and Urban Development, or its succeuors agency, nd tho standards of Sa:.220.822,
Florida Statutes, u amended, lViobtlo hem aru built on an integrated chuts and designed to
be ttsed as a dwelling unit when connected to County utilities. A mobile homo includes the
*plumbing, heat~g, air-conditioninf and electrical systems contained therein.
C~lllrr Co,,r/ 6.$~ OeMber $0.
Mobile Home Pnrk: The premises where mobile homes tre parked for nontransiant living or
sleeping purpoe~ and wbero s~tes or lots are set ~d6 or offered for les~ or rmt for use
mobile homm for living or sloeplnf ~, including any land, building, structure, or fscility
used by occupants of mobile homes on such pr~nises.
Mobile Home Site:. A lot or Par~! of fround witMn a mobile homo park or subdivision,
desii~utted for the accommodation of not moro than OhO mobilo homo. _
. Mobile Home Subdivision: Tho premises wbero mobilo homes rte I~'ked ~or non-t~ansient living
or sleeping purposes and wberu lots are set aside or offered for solo for use by mobilbJ~omes for
living or slee32ing purix~s in nccordanco with the Unified Land Development Code, including any.
land, building, structurs, or facility used by occupants of mobile homes on such premises.
Model or Model Home:, A structur~ used on a temponry basis exclusively for tho denionatration
and hie of dw~llinp or units within n development under construction. Modeis shall not bo
occupied aa n dwelling unit and dull bo fovtmed by the requirtments and rutrletions ~t forth
within Sec. 2.6.22, Temportr~ Uso Permits. [S!~!3 SEC. 2.6.aal
Model Salts Centff*: An area identified for tho tomporsry uso of models and/or model sale~
offices.
Model h~s..(Rn~ A structure used on a temporary basis for tho demonstration nd~ ~o of
dwollin~ or units which may or may not bo within, tho devolopmant it is located. Moder hies
offices ~ ~o~ b oCCUlted u a dwelling unit. Commercial m:fivitim withia tho model hies
office shall be restricted to mira, marketing, and admin;~'ativo functions of tho development in
which it is located, or adjacent development under the same control. Model sales offices shall bo
gove~ed by tho requirements and restrictio~ set forth within Sec. :2.6.33, Temporary Uso
Permits. [SEE SEC:; 2.6.33]
Moderate Income'. Tho total annual adjusted greta household income which is with;n tho range
from 8t-I00 percent, includvo of lbo median muual adjusted gross income, ss publbhed annually'
by the U.S. Department of Housing find UrlMA Development, for households within tho Naples
Metropolitan Statistical Area (MSA). [SEE S£CL 2.7.7]
A~[gIIF. I;~S~: A dwelling unit, cotatructed aa a total entity or in pm'ts of a total entity, which
is constructed other than on the building site and which is then moved to nd erected on the
building silo. A moduhr homo must be constructed to meet the standards of all Collier County · ..
construction c. xxles and to tho standards set by the State of Florida for such construction. A mobile
home is not to be considered a modular home unless its maker's name appears tm tho approved
listing of such construction in tho State of Florida. (This listing is available in tho Collier County
~3~ding ~t.)
~5~:Jilf_]l~: A well used primarily to monitor hydrologio parameters such u Miler levels
or w~ter quality. [SI~B DIV. 3.6]' ..
:
B
Motel fMotor Hotel. Motor Lodge. Tourist Court): A facility offering trm~ient lodging
accommodations noflnaHy on a daily basis and at a daily rato for automobilo travelers and
typically providing pa:king a~acent to each slooping .mom. Accessory uses may bo provided,
sV~:h u: restaurants, meeting rooms and recreational facilities. Motels am differunt from hotels,
in that each motel room has a separato entry directly from the outside, of tho building while hotel
~ucsts gfdn entry to their rooms through tho interior of the building through a lobby. For the
purposes of calculating residential density each guest r~o~m shall bo cmu~dered a dwelling unit.
Motor Home: A vehicular unit wkich does not exceed the length and limitations psovided in Sec.
316.515, Florida Statutes, is built on fi self-propelled motor vehiclo chassis, an~t is primarily
designed to provide tempom'y living quarters for recreational, camping, or travel uso.
M~ch: Non-living organic and synthetic mate~als customarily used in landscapo design to retard.
Mtdti-Familv Homfnf: See Multiplo-Family Dwelling.
Alulfiole Occtmancv: A parcel of property, or parcel of contiguous properties, existing ss ·
unified or coordinated project, with · buildinf or buildings buusinf moro than one occupant. [SEE
DIV. 2.5]
]~J~.,: National Oeodotic Vertical Datum - IY29, as established by N.O.A.A.~iwhich is
a~juatod sad published from tim to timo, The mo~ curr~t sdJustment shall ~2ply with mspuct
to this Code, [SEll DIV. 3.2]
National R,~ister of Historic PI~,',-: Tha federal li~in~ n~intsined by the U.S. Dzpsrtment of
tbo ln~zrior of btdldi,/~, si~, structures, properties and dim'icts that have attained. · quality of
,ignJfica~z ss determined by tl~ Historic Pre,ervation Act of 1966, as ,nmded. [SEB SEC.
2.2.25]
Neat Cement Grout: Grout without addition of ~ but may inch~k Ix~mi~ (not to exceed 5
lbs per 94 lb sack of cemmt), calcium chJoride (not to exceed 3 lbs per 94 lb sack of cemen0 or
retarder (not to ~xcesd I lb per 94 lb ~ack of czmmt), or othm' ~dmixtures approved by tho
Couaty to reduce perumbility or ~ka~, inore,~ fluidity, adjust slurry we/ght.and/or control
set time. Ne~ czmmt ~ composition d~all ~ zx__o-~__ six (6) ~dlom of ~,~tor per cubic foot
.. of cement. ISlE DIV. 3.6]
Ne/~hbu~tn~ Proo~rtv (Blastin~): A property coBtigm:~ul o1' near e~lgh to th~ blsstin~ site that
it would bo expected to receive vibration~ in excess of allowable requirements ~t forth by this · ..
Code or othenvisz bz damaged due to effects from tho blasting activities. [SEE DIV. 3.4]
l~e~tin~ ~son fSea Turtles): Th~ sea turtl~ hating p~riod betwem. May I and Octol~r 31.
[s n DiV. 3.10]
JO,
Hestln~ Zone (Se~ Turtlm~: TI~ region exteuding from tho mean high tide ermrk to 100 feet
lindword of the beginning of tho dun~ vegemion line. For beache~ without dune vegetation, the
nesting zx~ne will'ext4md 300 feet Imdmtrd of mean high tide. [$1~G DIV. 3.10]
~oise Reduction (NR~: RMu~tion in ammd I~vel decibels botw~n two d~ignated Iocatiom or
room· for · r~d frequency or band.
No~ ZorJes:. Ar~s with~ specific ~irport Ldn noise contour line~ in which land u~ should b~
limited to sctivitie~ that ~ro not noiso sensitive, or where ~:~:~ro~ sound level reduction
m~m~es for comtruotiou of ~ buildings may bo tin,ired for land us~ which ar~ othm'wis~
normally acceptal~le.
Non-Conformin~ Lot of Re00rd: Any lawful 1et or parcel which was recorded, of for which an
agreement for deed was ex~cuted, prior to tbo effective dam of this Code, and which lot or parcel
doe~ not m~ the minimum width and lot area r~luiremmts as a result of tho passage of this Code
~mll be comidered as a legs! non-~mformlng lot and ·hal1 bo eligible for tho i~mnc~ of ·
building permit provided all tbo other requirem~ta of this Coda and tbo Florida Statute· are met.
This defi~itio~ also includ~ any. lot or pm'~l made non-conforming by a rezoning in, ti·ted by
Collim. County to implement tho ~oning Re~valuatiou Ordinanc~ 90-23 (1990).
Non-Precision Instrument Runwa?: A runway having an immmm~t approach procedure
util~ng a~r rmvigatio~ facilifim with only horizontal gu/danc~ or area typ~ navigation equipment,
for which a malght-in non-precision imtrummt approach procedure has bom approved of
planned, and for which no precision immmm~t approach facilities am planned of indic·ad on an
appropria~ civil or militsry airport planning document.
Nonstandard Take-Off Minlm~: Comiitiom of ~xisting weather required for take-off at an
airport wl~ich ex__,_'e_,~___ tim mndarde pr~cri~ in Federal Aviation Regulaticms Pm 91.
~1~:Y.~1~1: °An~ lot, mucture or prem~ u~d as an entml~ for tho purpo~ of ~m~.ving
or keeping of plants for ado or resale.
Nursin~ llmue. R~t Home or Extruded Car~ Facility: ~ Adult Congregate Living Facility
·
Observation ~r~ell: A Well Used primarily to ob~rve tbo elevation of tho warm' table or
· pot~ntiometri¢ ~urfac~ or to de~rmin~ water quality in th~ aquifm'. [SEB DIV. 3.6]
OtTi~: A building Or poftioh of · building wherein a~rvic~s are performed involving
predominantly ad .ministrativ~, professional of clm'ical op~atiom. It is · cha~. ~sti¢ that re,ail
or wholesale goods a~ not shown to or d~livered from the pr~mises to customers or delivered
from the premises to · customer.
m 049 59fi
Co~#r Counr~ ~-41 OcM~r JO, 1~91
L~nd D~lopm~ Codt
D~H~m 6,$ D¢/fnldm'~
Omce. MedJc~l/C'llrdc: Office spoce utilized for ~minjatertnf human medi .cai end health related
services, includlnf outpatient clinics incidental to such offices. Medical ofrico uses shall Jncluda
medical doctors, dentists,'psychiatrists, optometrists, osteopaths, chiropractors, natUrol:mths, nurse
practitioners, health maintenance organizations and similar professional and. group practices, which
are regulated by the State. of Florida.
~: Unoccupied space which is not used for buildings or structure~ and ~vhich is open
to the sky. On improved lots, open space is the area between and around structures, including
recreation areas.
Ooen $?ace. Common: Open space witl~n or related to · development, not in individunlly'
owned lots ot dedicated for public, use, but which is designed and intended for the co~ use
or enjoyment of tho residents of the development.
Oaen So·ce. Usable: Active or passive recreation areas such as pl·y~ounda, golfcours~ beach
frontage, waterways, lagoons, flood plains, nature trails and other similar open space~, Open
space areas shall also include those areas set aside for preservation of native vegetation ~nd
landscape areas. Open water area beyond the perimeter of the site, street right-of-way except
where dedicated or donated for public use, driveways, off street parking ·re·s, and ~ff stre~
loading areas shall not be counted in determining usable open space.
Ordinan, Re, airs or maintenance:.* Tbe work done to prevent deterioration, &~cay, or damage
to · building or structure, or any part thereof, by restoring the building or structure as nearly as
practicable to its condition prior to such deterioration, dec~y or damage. [SEE SEC. 2.2.25]
Own~ or Record: The current tide holder or owner as reflected on the'current Collier County
tax rolls. [SEE SEC. 2.2.25]
~: A place whew alcoholic beverages are dispensed or sold in containers for
consuml~ion off the premises.
l~trcel or Parcel of land: A lot. [$BB SI~C. 2.7.7]
Park Model Travel Trailer: A t~ble unit which is built on · single chassis and is
designed to provide seasonal or temporary living quarters when connected to utilities necessary
for operation of ins~lled fixtures and appliances. The total area ot'the unit in · setup mode, when
measured from the exterior surface or the exterior stud walls at the level of maximum dimensions, "
not including any bay window does not exceed 480 square feet. [SEE S£C. 2.2.11]
Parkin~ Area - Off-Street: An ·rea for the temporary storage and parking of motor vehicle·
including the ·rea required for adequate maneuvering space, *__~ess aisles, or drives thereto.
DIV. 2.31
]'arkin~ So·ce. Off-Street: A space adequate for parking an ·utomoti~te Vehicle with room for
opening doors on both aides. [S£R DIV. 2.3]
Collier County 6-42 October JO. 1~!
· ~in~. Stacked: The parkinI of motor vehicles in s~ch a manner that par~ed vehicles ma), not
have direct access to the public ri~ht-of-way or open and unobstmcte~ internal access drives to
and from th~ public, right-of-way without moving.one or mom adjacent vehicles. [SEE DIV. 2.3]
~tio: An unroofed project~on from the outside wall of i building, without any t'orm or' enclosure
person: An individual, corporation, governmental agency, business, estate, trust, partnership,
firm, joint venture, syndicate, fiduciary, society, organization, association, two (2'} or more
persons having a joint or common interest, or any other entity, and its designated agents,.
successors or &ssi&ns.
Plat: A map depicting the division or subdivision of land into lots, blocks, parcels~ tracts, or
other portions thereof, however, the same may be designated, prepared in accordance with the
provisions of this Code and those of any applicable law, which shall be recorded. [SEE DIV. 3..2]
~lat. Final Subdivision: A finished map of a subdivision accurately complying with all legal
requirements of Chapter 177, Florida Statutes, as amended, and the requirements of this Code
which shall be recorded. [SEE DIV. 3.2]
]~,.~.]~: A plat which conforms to tho requirements of tho applicable'laws of th~ State
of Florida and the County, which has been accepted, by the Board of County Commissioners and
pl~..ed in tho official records of Collier County. [SEE DIV. 3.2]
l~lat, l~Himlrmrv Subdivision: A preliminary map ora subdivision accurately showing all legal
r~iuir~ments of this Codo. [SEE DIV. 3.2]
~[~1~11~: Light fixture set on a hso or polo which raises tho source of the light higher than
forty-eight (48) inches off the &,round.
Porch: A roofed-over space, with tho roof impervious to weather, attached to the outside of an
exterior wall of st building: which has no enclosuru other than the exterior walls of such building.
Open mesh screening with a roof impervious to weather shall not be considered an enclosure.
]~o(entialiv Defici~flt Road Segment: Either:.
a. A County or StAte road segment on tho Major Road Network System whose adopted LOS
standard is LOS "C' or LOS "D', peak season, peak hour, that is presently operating
at its adopted LOS, or whose adopted LOS is LOS "D" peak .season, peak hour, and has
operated at LOS "E' peak season, peak hour, for two (2) years or less, based on the
AUIR. A potentially deficient road segment which has an adopted LOS "D" peak'
season, peak hour, may opersto at LOS 'E', peak .season, peak hour, for two (2) fiscal
years before it shall becorrm a deficient road segment; or
b. A County or State road segment on tho Major Road Network System whose adopted LOS
standard is 'E', peak season, peak hour, that is presently operating at LOS 'E' peak
CollJ#r ¢owlr~ 6M$ OcMt~r JO. l~l
season, peak hour, based on the AUIR. [SEE DIV. 3.15]
Precision Instrument Runway: A runway having an instrument approach procedure utilizing an
Instrument Landing System (ILS), Microwave Landing System (MLS}, or a Precision Approach
R~dar (PAR) including a runway for which such a system Is planned and Is so indicated on an
approved civil or military airport layout plan; other FAA planning documents, or comparable
military service planning documents.
Prelbninarv Site Develoument [qnn: A set of proposed plans, together with narrativ, e
information and data that iljust~!~ and describes how tho proposed project addresses zoning,
planning and site design considerations. [SEE DIV. 3.3]
Preliminary survey_: A field check within a project's boundaries to evaluate the area for potential
historical/archaeological sites, buildings, structures, properties, and districta. [SEE SEC. 2.2.25]
]~i:~dU:Z,~]~: A parcel containing an archeological site, or native habitat, either wetland or
upland or threatened or endangered species, which shall be preserved in its natural state in
perpetuity, with no alteration, save the removal of exotics. [SEE DIV. 3.2]
Preserve Setback: The differa~e measured from the boundary of a c0nservatiofi easement or
platted preserve tract in which no principal structure may be constructed. [SEE DIV. 3.2]
~:~tI~i~Lt,,~. The primary use existing or pertnL-_ed upon a parcel of land. [SEE DIV. 2.5]
Private Water Svstnn Wells: A source of water for human consumption and other demotic
purposes used only by single family residences, duplexes and multiple family units of four (4) or
ires. [SEE DIV. 3.6]
~i~: A water well but specifically excludes a test hole, an observation well or a
monitoring well. [SEE DIV. 3.6]
]~RRglz: A lot.
Prom~rtv Owners' Association: .An association or organization, whether or not inco~l~ora'ted,
which operates under and pursuant to recorded covenants for naintenanco and ownership
agreements through which each ox~ner of a portion of a subdivision, be it a lot, property or any
other interest, is automatically a member u a condition of ownership, and each such member is
subject to charge or assessment for a pro .rated share of expenses of the association which may
become a lien ~igainst the lot, property or other interest oftbe member. As used within this code,
the term "Property Owners Association· includes a 'community association' u defined in Sec.
468.431 (1), Florida Statutes (1989), u amended, as well as any other organization or association
which would fall within the statutory definition of "community association" but for the fact that
what the property operates or serves is not residential. ISEE DIV. 3.2]
Col#er County ~14 October JO. 19~1
Protected V~et~tiom Any living, woody plant (tre~, du'ub.and gronfld~v, m). [SEE DIV,
2.7 through 3.14]
]~.~ll~l~l~l: Capital d~laap fnellitim, capit~l perk facilities; capital, potable water facilities,
capita] r~d fa~lities, capital sanitary sewer facilities, ~ capital solid wasto facilities. [SEE DIV.
]~MJLI~SIEG~ Land, air, warm' and wfldlifo which is'part of the public domain or which is
within the realm embracing inherent rights that belong to tho community at larso and in which the
community shares ~o riihts and benefits of such ruourcas.
mpply, sew·go dispumd, drainage, gafl2aro or refuse disposal, fire protection seryice, cablo
television, or the like to the general public. [SEE DIV. 3.2]
Public Water SLm__oly Well: A well constructed for tho purpose of supplying water to .a' public
water systenL [SEE DIV. 3.6]
public Water Syst~n: A system for tho' provision to the public of pipod water f~' human
consumption, if such · system has at least IS asrvico connections or regularly, serves d least 25
individuals daily at least 60 days o,t of the yom'. [SEE DIV. 3.6]
]l~gi~AU3[3: The phystc~d rdmllding of· portion of a building or structure. [SEI3 SEC. 2~2.251
Record Imoroveinent Plans: Plans revised and corrected during or after project construction to
display &q-built conditions, revision or changes to the approved plans which occurred during tho
coflstmction period, and all f'mal constructed conditions, elevations, grade~, slopes, and tho liko
for the improvements constructed. [SEE DIV. 3.2]
]~,XfJJi~: TI~ recovery of useful materials from tho Muto stream and r~introduction of tach
materials into the production stream vii a threo sta~o pmcen consisting of 1) reclaiming mated·Is;
2) processing reclaimed materiais; and 3) manufacturing products using reclaimed.and processed
materials.
Rdocate a Bm'ldJnf or Structure: Tho physical moving of a building or structuro from ono
Sq~ofraphi¢ sito to kbother. [SEE SEC. 2.2,25]
Remora] of Exotic Yefefatlon: TIM physical killing or destruction of Exotic Vefetetion this may
include approved herbi¢iding with the dead vegetittion remain_iMf in place. [SEE DIV. 3.7 through
3.14]
Re·etch Laboratory: A building or 'group of. buildinp in which am Ioc4tted facilities'for ' '
scientific msmrch, investigation, tm4ing, or experimmtation~ but not facilities for tho manufacture ' '
· . or saio of products, except as incidental to the main purpose of tho laboritory.
Resource Recovery Facility: A place where tho materials reclaimed at a'Transfor Station, and
in addition scrap, salvage, second-hand building nat~ais md other construction sim wasm, am
proce~ed by cleating, shredding, chipping, grinding, milling, crushing or other sitnilar processes
to create tbe raw materials used by industry for tho production of a finished product. Thoso
activities permitted to bo conducted at n Transfer Station may also be conducted at the~ facilities.
This derm~tion does not include tho retail sale of~ materials such as occurs in junk yards,
nor does it includo tho prcx:e~ing of used, discarded, or salvaged rear. als incident to
n~nufKmring activity on th~ samo sit~ wher~ such processing occurs. Also excluded from this
d~r~tion ~ f~tomobilo wrecking ytrds.
Restaurnnt. Dr~ve-thro~h: ~ fm food facility with one or more drive-through Janes where
fo~l is order~l through ti speaker phono ~ ft menu boird located in tho drive-through lane. This
~ of facility has no indoor seating or food ordering but may havo walk-up windows md/or
outdoor seating.
Rmtaurnnt. Fast-Foodt An Ntablishm~t whor~ food is prupavud and s~vM to th~ custon~r in
a r~dy-~ stat~ .for eonmmption ~ithor within tho ruslaunmt Imild.ing, outsido tho building
Ixa on tl~ sama promises, or offtl~ premises and having any combination of two or mom oftbe
following
a. A limited menu, usually po~ted on a sign rather than printed on individual sheets or
b. Seif-servico rather than bblo servic~ by restaurant employees;
¢. Dispa~abio containm md utmsils; or
d. A kitchen arua in ~x~ss of 50~$ of th~ toMI floor area.
e. A cafetoria or delicatessen shall not be deemed a fast-food restaurant for tho pmposo of
this l. and Doy01opment Codo.
· . Restaurant. Sit-Down: A restaurant whe~ food is ordered from a. menu normally whilo seated
at a tablo and wberu lablo servi~ is provided. Cafotoriss ar~ doomod sit-down r~staurants for tho
puqx~ of this UnlflM l.,and I~v~iopmont Codo.
Restaurant. Walk-uD: A fast food facility with ono or mom walk-up windows. This type of
facility has no indoor seating of driv~-throngh windows but may havo outdoor seating.
]~est Home: See Nursing Homo.
]~esultant Peak Particle Velocity: A n~asur~mant of tho speed of oscillation of tho parti¢l~ of
a medium when · ~hock wave travels through tho medit~m. Tim Resultant Peak Particlo Velocity
shall be calculated as tim vector sum of tho peak parti¢lo velocity in three mutually perpendicular
planes of motion at any ooo instant in tim~. [SEE DIV. 3.4]
IIc,4ail. A~'msorv: A u~ iht is ¢lmrly tnetdmtal to ~ ~y f~.in ~~ ~
~s. [SEE DIV. 3.21 '
· c~. [SEE D~. ~.6]
of ~. [SEE D~. 3.6]
~tion, ~ by a p~v~
m
,Schools and Camm. SDorb Imtrucflonal: A facility, public or privam, primarily engaged in
the instm~on of spore, or providing recreational services. These facilitie~ shall include such
activities u: bese~all instm~on w. bools; gymnastics instmcti~; day camps; and riding academies
~gggggJ/lg: Methyl by which a view of one site from another adj~.ent site is shielded, concealed,
or lxidden. Screening technj.'ques include fence, walls,,berms, landscaping or a combination.
~ Any adult, juvenile, or egg of any species of reptilo belonging to the g~nera Carla,
~, l~tmmd~d~ ~, ~nd ,immndttl~. [s~E s~-c. 3.to]
~ An individual who works with vibrations and has the knowledge a~d skil] to
monitor surface vibr~ion wave levels, relate the results to structures and be a~le to determine the'
effects on Such stmetu~es. [SEE DIV. 3.4]
Ser~anb' Ouarters: Dwetling units located in residential districts and utilized for domestic
servanta employed on the premises. Such units may be in either a principal or an accessory
building, i~t no such livin8 quarters slmll be rented, leased, or otherwise be made available for
compens~n of any kind except in the form of honsins for servants.
~: A line maddng the minimum distance between a right-of-way lin.e, .p~erty lin~',
bulkhead line, shoreline, access .essprnent line or other defined location and the beginning point
of · required yard or the buildable, area, u this Land Development Code may require in the
~,Terue System. Central: A system for the collection and disposal of sewage, in accordance
treatment plants and other appurtenances which comprise the system. [SEE DIV. 3.2]
Sc'wes'ate S~stem. Individual: A system designed to serve one unit (u defined in the Health
Code used by Collier County) cornprised of pipes, tanks, and subsurface absorption field, or other.
a~p~ovcd treatment device, for handling and disposing of sewage wastes. [SEE DIV. 3.2]
~lll~l~t.~[DjJ~..A groop of unJfied'conunercla] estsblislunimts built on · site which is planned,
developed, owned or managed aa an operating unit and related in its location, size, and type of
shops to the trade area that tho unit serves. It consists of eight (8) or more retail business or '
service establisJuncots containing · minimum total, of twenty thousand (20,000) square feet of floor
area. No mute than twenty percent (20~) of a shopping center's floor area can be composed of
restaurants without providing additional parking for tho area over twenty percent (20%). A
marina, hotel, or motel with accessory re, tsii shops ia not considered · shopping center.
ShoDoirm Center. Resdonnl: A commercial center providing shopping goods, general
merchandise, apparel, furniture, and home furnishings in full depth and'variety. Such center sl~ll
C~tlltr Cmmty 6-4S Oetotwr JO, 1991
~ ' DIYMon d.$ ~, DrR~ddom
contain thirty (30) or moro ~,r~, md · minimum grou.lemblo arm of four hundred thounnd
(400,000) ~iuaru fo~t.
~i]l~. d. ine: On t~dal waters, that lin~ between ws. ter and upland area which follows tl~ general
configuration of tho mean high wat~' lin~. ' On non-tidal waters, tim sho~iino is determined by
tho annual average vat~ level or water management, system control elevation. Boat slips and
other n~n-made or minor indentations ar~ construed as lying landward of the shoreline and are
con~trued as upland when computing the lot ~x~ of tho ~ted'ront property. [SEE DIV. 3.2].
Shrub: A self supporting woody perennial plint of low to medium height charac~ by
multiple stems and brancb~ continuous from the base.
~tll~:~S: That portion of · right-of-way or crosswalkway, paved or otherwise surfaced, intended
for pedestriaa use and also bicycle use, if ~ly sized. [SEB DIV. :3.2]
Sign: ,Any structure, device, vehicle, advertisement, advertising device or visual representation
intended to advertise, identify, or communicate information to attract the attention of the public
for &ny purpose and without prejudice to the generality of the foregoing, and includes any
symbols, letters, figures, iljustrations, or forms painted or otherwise affixed to attraci the attention
of the public for any purpose and also any structure .or device the primary purpose ofwhich is to
border, illuminate, animate ot project · visual representation. However, this definition shall not
be held to include official notice~ issued by'any court or public office, ot officer in the
perfornunce of · public or official duty, and traffic control signs. For the purpose of removal,
signs sh~ll also include all sign structures. [SEB DIV. 2.5]
~:a.hrta: The area of a sign is d~ entire area within the periphery of · regular geometric form
or combination of regular, geometric forms comprising all of the display area of the sign and
including all of tl'.e dements of the mattel d{splayed. The sign area shall include tho aggregate sign
area upon which copy is placed and aH parts of the sign structure that beat advertising matter or
are constructed in such · manner as to draw attention to the matter advertised. Signs consisting
of detached letters shall also be mmsur~ as defined above; [SEE DIV. 2.5]
$t~,n. Abandoned: Any sign or sign structuru'expressly installed for tl~ purpose of affixing a
" sign, which bears no sign or copy for ninety ~tive (90) days or more, or for · period of
ninety consecutive (90) days or moro, displays information which incorm:fly identifies the
business, owner, lessor, or principle activity conducted on the site, or which through lack of
maintenance becoms illegibla or n~arly so, or is in a state of distrait. Signs displaying an
"available for less~° or similar me~age or partially obliterated faces which do not identify a
particular product, service, or facility, shall be desmed abandoned. [SEE DIV. 2.5]
~: Any sign which ~onta~ns or us~ for illuminatioh any light, lighting device, or
lights which chang~ color, flash~ o~ alternate; or change appearance of said sign or any part
theraof.automatically; any sign which contains moving parts as part of ia normal operation, such
as rotuing signs, shall bo considered an activated sign. [SEE DIV. 2.5]
Colflcr Co~uy 6.49 October JO. 1~91
Si~an. Advert~in~: A sign directing attention to · Ixaineaa, commodity, ~i~, or ~m~in~t
~~, ~ld ~ offS, eith~ ~ p~ or off~'~. [SEE DIV. 2.51
Si~. AI~OoM: ~y ~tid i~e~t to a si~, ~t shall not incl~ routine
~n~, ~ting ~ c~ge of ~y of ~ exi~ing si~. [SEE DIV. 2.5]
~: ~y si~ ~ch i~l~ ~ti~, ~ti~, or the opti~i ill~i~ of ~tion or
~ti~, or ~lor c~g~ of ~1 ~ ~y ~ of ~e ~ f~g, ~uifing el~tfi~ ~gy, or
~ ~ti~ by ~t of ~ at~h~. [SEE DIV. 2.5]
Si~n. A~ f~a ~ov Sign or Ma~ S~): A si~ ~d~ from
of a ~elt~ ~~ ~i~ly ~ ~ti~ly for the ex,or ~!i of a ~ild~g or stmcm~. [SEE
DiV.
~o~~. [SEE DIV. 2.~]
~ ~i~ ~ I~. [SEE D~. 2.~]
S~. B~k ~e A ~t ~ f~ ~y n~ of ~1~ ~. [SEE DIV.
o~ ~ ~~. [SEE D~. ~]
~: (~ A~ S~).
~, fi~, ~~ ~d ~ ~, ~ ~, o~ ~ ~. [SEE DIV. 2.~]
S~n. C~b~flon: A ~ ~J~ ~ ~ up 6f ~ (2) of ~ ~, ~x~l~iw of b~il~.
[SEE DIV. 2.5]
~d~fl~ ~h, ~ ~y~ of ~h~ p~t. [SEE DIV.
~ni~c~ ~d o~h~ ~1~ inf~d~ ~g~n~ ~h8 bu~ld~ng or. ~t~. [SEE DIV. 2.5]
~: ~8 i~, ~xt or o~ g~ph~ which ~om~ ~h8 ~g8 ~hy~ u~n ~h~
~ ~ ~. [SEE DIV. 2.5]
Cottltr County ~$0 ' t~ober JO. !
tared Deve~pment Codt
~if~: An on premises sign giving direction, instructions, or facility inforwation
such u parking or entrance or exit sign~, and which may contain tho name, logo service or
activity of an establishm~t. [SEE DIV. 2.5]
,~}f]i.[~lfa~: An on premis~ sign of permanent character indicating tbo name of two or mor~
upon tim pl'~dses upon which such sign is maintained. This sign may bo a freestanding,.
awning, or wall sign. Such signs may have changeable copy. [SEE DIV. 2.5]
Sinn. Double Faced: A sign having two (2) display surfaces, not necessarily displaying tho same
copy, which ar~ usually parallel and back-to-back and not moro than twenty four inthes (24")
alert. Double faced signs shall be measured by only one sid~ if both sides are advertising tho.
same business, commodity, or service. [SEE DIV. 2.5]
i~3~,].~: Any sign containing electric wiring, but not including signs illuminated by exterior
light sources, such aa floodlights. [SEE DIV. 2.5] ..
Slan. Entrance or Gate (a/k/a SubdivisiQfl Sl~n_ ~: Any community entry sign which is ~ign~d
to identify a subdivision or neighborhood, including but not limited to industrial and commercial .....
perks, multi-family projects, and single family residential development, [SEE DIV. 2.~]
s~ Face: The area, display surfnc6, or part of a sign on which the copy of .n .~saagn is placed.
[SEE DIV. 2.5]
S'mn. Far~n Or~nniza~on: A sign used for tho purpose of indicating tnembership in a farm
organintion, such as Cattlemen's Association, Four H Club, Parm Bureau, and tho like. [SEE
DXV. 2.5]
l~tgll~,~bi~: A flashing sign is an activated sign on which any electric lighting by any d~ce
is either tltematcd on and offer raised and lowered in brightness or intensity. [SEE DIV. 2.5]
Slim. Freestendtnf: (Sm Polo Sign). [SEE DIV. 2,5]
Sign. Grotmd (a/k/a Monmnent Slnn'J: Any sign other than · polo sign which is placed upon or
supported by structnres or supports in or upon the g;c.-ond and independent of support from any
building so that the top odgn of the sign face is leas than eight foot (8') above grade. [SEE DIV.
2.5] "
Sign. Identification: A sign which contains no advmising but is limited to tho name, address,and
number of & building, institution, or person and tho activity carried on in tho building,institution
or the occupation of tho person. [SEE DIV. 2.5]
Sian. HluminntL, d: An illuminated sign is one which either: (a) provides artificial light through
exposed bulb, lamps, or luminous tnbes on tho sign surface; (b) emits light through transparent
or translucent tmterial from a source within tho sign; or (c) r~flectS 'light from · source
intentionally directed upon it. [SEE DIV. 2.5]
Collier Coumy ~-$1 O~be. r JO. 1991
· ~k=l~JKl[~ Any object maria of pt~sti¢, vinyl, or other similar material, that when inflated
with gaseous, or air rq~mts, advertises, or otborwi~ draws attention to a prod~., service, or
activity. [SEE DIV. 2.5]
~l~..~l~l~: Any sign which is attached to a mansard style roof with th~ face parallel to
st:ucture to which it is attached and which does not project more than eighteen inches (18') from
such structure, or ~mve the roof lina. Mansard si~ shall I~ considm~d wall signs. [SEE DIV.
Awnins Si n). [SE mY. 2.Sl
~L~n. Nonconformlnn: Any sign or advertising stmctuw lawfully in e~istenca within Collier
County on il~ effective data of this Ordinance, which by its height, a~a, location, ns~ or
structural support do~ not conform to the requirements of this Ordinance. This definition shall
not be construed to includ~ signs .specifically prohibited by Section 5.00 of tltis Ordinance. [SEE
DXV. 2.SI
Sum. Off. Premises: (,qe~ Billboards). [SEE DXY.. 2.5]
_S _l~n. On-Premises: A sign containing copy r~iating only to tl~ principal legally licensed b~siness,
located. [sr DIV,
$ _[nn. O~door Advertldn~: (Ses BiHbotrd). [SEE DIV. 2.5]'
~b.~l~lll~: A sign which is affixed to a building or tbo ground in' such · manner as to bo
immobile. [SEE DIV. 2.5]
~la=gl~: A siln, inde~md~! of support from any bulldin$, that is mounted on fru~ standing
'. poles or other supports, [SGI3 DIV. 2.5]
~,~: Any.sign which st~es the name tndlor picture of an individual seeking election,
or appointment to a public office, or pertaining to a foflbcoming publi~: election, or referendum
pertaining to or advocating political vim of policies. [SEE DIV. 2.5]
.~tlb..gsiflib~,. Any sign which is desi~,ed to bo transported, including by trsiler or on its own
wheels, even though the wbeeis of such. signs may bo removed end tho remaining chassis or
support constructed without wheels is converted to an A or T frame sign, or attached temporarily
or permanently to tho ground since this characteristic is based on tho design of such sign. It is
characteristic of such a portsblo sign that tho space provided for advertising matter consists of
changeable copy sim. [SEE DIV. 2.5]
~]ill,_gER~illg.'. An)' sign which is attached to, and which projects mom than eighteen inches
(18') from the outside wall of an)' building or structure, excluding wall, marquee, and canopy
,igns. [SEE DIV. 2,5!
G~ltcr ~ounJy 6-$2 October $0, 1991
:, *' Slf3,t. Publlg Service:. A~.y sign Jntanded to promoto i:~imm'ily m public purpose including items
of feneral intel~t to tbu community welfare. It may also refer to a sifn desJfned to render a
public service such 'as, but not limited to, 'tin~ &Ad t~mper~ture 'sifns. [,SEE DIV. 2.5]
~,]I~[J.F~ A si~n ~nich advertises the sale, leaso, l~ntal, or d~velopment of tho property
upon which it is I~. [SEE DIV. 2.5] ,
Sitn. Residential Identification: A si~n intended to identify a residential subdivis~, or other
development. [SEE DIV. 2.5]
Sifn. Rt, yob4nf fa/k/a Rotattnf Slfn): Any sifn so erectod or consa'Ucted as to periodically or
continuomly chanfo the direction toward which any phno containing tho display surf'sce arm is
oriented. [SEE DIV. 2.5]
~tffl&.Kllgf: Any sJfn erected, constructed, or maintained on tho roof of any building. [SEi3 DIV.
2.51
~: A sJfn used only for ~0 porpo~ of identifyinf and waminf of danjm', ontpotantis'l
" hanrds, [51313 DIV. 2,$]
~ A sifn made of any n2M~'hl and attached to · utility pole, treo, fence pos~, stake,
Kick, mailbox or any similar object. [SEE DIV.
S'tnn. $_Dechl Ptm2ose: Directional, safety, and other signs of · nonco, mmercial nature. [SEE
DIV. 2.5]
~ Any structure which supports or is capable of supporting any sifn. Said definition
shall not include a building to which · si~n is attached. [SEE DIV. 2.:5]
~X~b..~: A si~n intended to adverfiso community or civic projects, construction projects,
or othor specis] ovonts on a t0mporary basis, for a d~sifnated period of timo, [SEE DIV, 2.5]
· ~l,=q,~: A sifn describinf · farm where the customer picks or purchaf~s tho produce directly
from tho premises .~n which they am frown or produced. [SEE DIV. 2.:5]
S.~rb.=~=~b. li2ed: Two singlo face freestanding sifns that are constructed in tho form of a .V when
viowed from abovo, provided lbo intornal anflo at the apex is not moat ~an ninety de~ro0a (90'),
and tho two fecas aro not septratod by mom thn six inche~ (6") at the apex. [SEE DIV. 2.5]
~: Any si~n affixed to · ve~i¢lo other than · licenso plato, or other identific·tion
required for access to restricted parking areas, a registered logo, trademark, or servico mark.
[SEE DIV. 2.:5]
Sinn. Wall or Fascia: A sign affixed in · manner to any exterior w~ll of a building or structure,
and which is parallel to and projects not more than eighteen inches (18') from tho. building or
structure wall, and which doee not extend above the parapet wall or roof of the building tm which
it is located. [SEE DIV. 2.5]
~~1: An); sign or display including, but not limited to flags, bennora, billloona, ~treame~
and'rotating devices, fastened in snch a manner to move upon being subject to pre~ure by wind
or breeze, but aiall not include offlcild flag~, emblems, ifaiimJu or petmenta of any religious,
educ~tiotal, t~tiotal, state, or political sut~livisi~. [SGR DIV. 2.5]
~ A window sign which is Painted on, attqched to, or visible throu~J~ a window
excluding displays of merchandise, and shall not exceed twenty-five C25) percent of the total
window area in the same vertical plane at the sane floor level on tho side of the building or unit
upon which the signs are displayed. [SEE DIV. 2.5]
$innle Ocoman~: A parcel of property existing as a single project, with the building or buildinp
housing only one occupant. [SEE DIV. 2.5]
· lJ~: That leplly describ~ area for which a blasting permit has been obtained. [SEE
~,..~: Any modification, chanp or transfer:nation of any portion of a lot or parcel of
land including, but not limited to, the removal, displacement or relocation of trees, plants and
vegetttion, the addition, disturbance, or removal of earth materials; the creation, retention, or
rtlocation of drtina~e comses or water areas. [SEE DIV. :t.7 throufh 3.14].
depicting tho intended site alterations. [SEE DIV. 3.'/through 3.14]
that clearly depi~:ts tho propom~ pn)ject on a particular lot or parcel of land. A Site Development
Plan is further defined for the purpose of this section as including the Preliminary (when required)
and Final SDP. [SEE.DIV. 3.3]'
~TDiJ~J~: A ~troject site visit conducts! by Development Services staff as part of staff
'. review of applications for land use chan~e. [SEE SEC. 2.2.25] ..
, ~lf..h~l:ltgt: ~ which are fixed installations and permanently project shade over the entire'
gtan area of the window, ·
~ound Level Reduction 'fSLR): Difference in decibels between measured I~vel inside a'
· desip~ed room of that building resulting from the same' exterior noise source.
Seaters). travel trail~)_Dark m6del/recren,tonal vehicle:. An area of land designated and herein
required to acoommodato a travel trailer/park model or other recreational vehicle.
~JoZgX=T.I:R: See Tree, Specimen.
October.lOo 1~1
Snortinn_ and Recrentional Camm: A facility, public or private, which may offer permanent or
temporary sheltet~ such as cabins or tents and is primarily engaged in provid|ng camping, sporting
or other recreational activities. Examples of spo~. ' g and recreafi~ camps shall include boys'
and girls' camps, hunting camps, fishing camps, or summer camps.
~5.lal].~: The stsn~lards of th~ Florida Department of Transportation. [SEE DIV. 3.2]
Stora~_ e Fncilltv. Self-Se~ce: A building or group of buiidings in n controlled access and fenced
compound that contains varying sizes of individual, eompartmen~lized, and controlled .a~cees stalls
or lockcrs for tho storage of customer's goods or wares.
Story: That portion of a building included between I floor which is cal~lated as part of tho
building's habitable floor area and tho floor or roof next ebovo it.
Street: ^ public or aplm2ved private tburoughfaro, including tho right-of-way, which afl .c~ds the
principal means of access to abutting property. Street includes lanes, ways, places,, drives,
boul,~,arch, rc~h, avenues, or other means of accel, regardless of tho descriptive term used,
except alleys. [SEE DIV. 3.2]
~gg~.~t~: A stn~ that pro~des a high degr~ of mobility and serves, i~ng tri~ps. High
ol~nting sprats and I~v~ls of s~.eo are provided. Access manaaement is used to
capacity. Arterials connect major de~eloptnents such as central business districts, la~ urban
commercial centers, la~ industrial centers, majm. residential communities and other major
activity cent,s wjthln the urbanized area. Desirable operating speed should bo'at least 40 to 45
Street. Cul-de-sac:. TI~ sam~ as tho t~m 'cul-de-sac'. The Iverag~ daily trip generation shall
bo less than two hundred fifty (2.qO) vehicle trips per day. [SEE DIV. 3.2]
~:l~F.~ltt: That portion of tho lot which borders on tho str~.; corner lots have two (2).
frontages.
Street. Limited Act~: A strip of land or highway or freeway which does not permit access
except at limited authorized and controlled points. [SEE DIV. 3.2] ·
~a=J.~: A sireet that provides land _-.cc_~s and can bo local (public or private) residential
streets, local downtown streets, and local commercial/industrial streets, locals involve traveling
to and from a collector facility. Trip lengths am short, volumes am Iow and speeds am Iow.
Averag~ daily trip generation rate ranges from z~ro (0) to two thousand (2,000) vehicle trips per
day. [SEE DIV. 3.2]
Street. Maior Collector:. A street that .provides land access and public or private movement
w~thln fe~d~tial) comll]ol~ial add indit~trial al't~. MIjoi~ collectors penetrate and nay have
· . continuity wi~in residential areas. Operating speed and volumes ar~ in excess of residential
standards, 30 m.p.h. Average daily trip generation ram exceeds four ~ousand (4,000) vehicle
trips per day. Residential driveway connections am prohibited. [SEE DIV. 3.2]
Cotter County 6.$$ October JO. 1991
Minor Calleeta~. A ~4 thai provide~ land ~
[SEE D~. 3.2]
~ ~y~~~~i~f~blic~~~f~
Collier Cmmty 6-$~ October $0, 1991
Land Dmlopmtnt Code
Subdivision do~ not include the division of land For coflvoyanco of such land to a federal, ,taro,
coup. t¥, or mm~icip~ govemm~ agency, rarity, poligi .?1 r~lxlivision, or. public utility. [SEE
DIV. 3.21
Subdivision. Mlno~ Tho dlvidou of lind, whethor Improved or unimproved, Jato two (2) or
mom, but leaa thin t~a (10), contiguoua lots o1' parcels of lind, for'tho purpose, whether
~iato or future, of tranxf~ of owner~ip or dov'elopm~nt, which doe~ not involve the
extension of an oxi~ng ,tre~t or tho ~,tablishme~t of a now atroot and does not involve tho
extet~ion, cre~ion or e~tabliahme~t of any improvom~nt.othotxviM required in thia Div. 3.2;
provided, however, fiat on-alto cotua~on or hookup of ~ny required improvommt ,hall not bo
cot~m~l aa ~n oxtemlon, cre~ion or e~bliahme~t of ~uch improv~n~nt. [SEE DIV. 3.2]
Sul~mn~;ailmnrovement: Any r~air, rez:onatn~ion, or improvement of a aign. tho e~timatod
co~ of which oquaia or exceed, fitty (SOX) porce~t of tho manet value of curr~nt r~lac~m~nt
coat of the sign. whichever ia lower, oith~' before tho improvement. [SEE DIV. 2.$]~
~i~l~:b~: A doptrtm~taliz~xl ,olf-,orvi0o retail market which primarily ,~lls food itot~a, but
..l"o may ,oll houaohold itom,0 por"ooal item, ~md other m~mh"ndi,o. A ~q~'maritot ia to
distinguished from a grocery ,toro on tho baaia of ,calo. being uauaily 20.000 ,quaro fo~t or larg~
in size. and tho bro~dor mix of good, ~gl
~5.J~: Tho,o which bye be~n precipitated on tho land or forced to tho ~xu'faco in
q,rinp, md which bye thru q~ad over tho ~ of tho ground. Tboy tppe~ u plx~le~.
,h~ot or ovorimgl flow. rills. ,fromm z~l I~o,. and continue to bo am'face wator~ until they
diaappoar by infiltnato,, ovaporatlon, or diach"rgo into tho ~t. [SEE DIV. 3.2]
~urvevor: A poraon t~giatered in tho State of Iqorida under C'h~ 472.001-472.039. Floric~
St~ut~. to ~ngago in tho practice of land surveying. [SEE DIV. 3.2]
Takeout Pretmr~ Food Storm A ,orvtco fKility whore food, ,uch aa pizz,, oriental food.
yogurt, b~tory producf~, health food~, candy and popcorn are przl~u~ and .old or where
food, are .old in a re~ly-to-oat ,taro normally for off-p~mi~ ~umption. On-alto comumption '
ia allowed u an accouory uae where tho ,eating is provided for 10 cuatorn~ra or Ira. C'uatomor
,eating above tO would m~to tho buainm · real, mint.
Te~n,ortrv Dewat~ng: UN of wells or other ~uch equipment to temporarily ]ewer i water
level aa may bo ~ during ~atruction Ktiviti,. not to ozcotd six (6) month, of continual
oporto,. [SGG DIV. 3.6]
Trot Hole or ~ or ~.l~: AA artificial hole in tho ground drilled, borezl.
cored, wadazl, or.jotted, the intended u,e of which include, obtaining data for engineering ~md/or
~oiamography. goophy~cal or geological ozplorafion; proapocting for 'rn;n~'Ma or producta of
mining or qU~Tying; b,t not for tho PmlX~ of either producing, or diapo,ing of water.
DIV. 3.6]
" Threatened Suecle~: ~ ,po:ie~ Ii,ted by the U.S. FiG and Wildlife Service.
O 0'49 : §12
Co~r Co~y ~-J? October
Timo-Shro Estatnt Any lntet~ in fi dwoilinf unit undor which the exclusfvo flfht of use,
owue ip, posmsioa, or occupancy otb unit cir lstmamonf tho various owners or dmo-Gare
estates in such unit in accordanco with · fixed timo schedule on a periodically r~currinf basis for
a period of time established by such schedule.
Time-SZmre Estate Facility: Any dwelling in which time-shar~ estates have been created.
~lli.~: A dwelling unit in which fitno*sharo e~ates havo been created.
Tinted or ~'dmed Glnss: V~mdow g]asa which bas been covered with window tint or film.
Tower:, A structure whose primary purlx)ee is to rulso the boifht of an antenna.
Tower'. ~onooole Communications: ^ commercial vertical sinflo tubular selt*suppoflinf tower
Tract or Tract of Land:'A lot..
· that would be feoeruted both internal to and extornal to tho dovelopment or subdivision. [SEE
DIV. 3.2]
?rufYic Control Devices: Any mochmlsm ufed to rL'fub~ traffic, such m invement stripping,
signs, ~., excludinf ~, for ~te purposo of'this Codo, my mechanical or el~ctrical'dovice,
such u trsffic lifh~ [SEE DIV. 3.2]
~J:~IIL_~: ,~ wheeled couveymce drown by other motiv~ power for tho trmmpor~i0fl of fi
~tofle boat.
· Ti'tiler, Ctrnpinf or Po_u-Outl A wbeel0d c~xlvoymco drawn by other Mivo powor d0eifned
for truvel, r~.tl~a', md v~c~tJoa mo md which is msde up of elerfle~t~ which fold into
.. compact us~nbly tm' trlveJ.
~li]~T.z]l.~ A vehicular, Imflable aructuro built on · cha~f~,, desjfned to be used
tomporlry dwelling for truvel, wcreaflomd and vac~ion purposes, which: (1) is identified by tho
mxuufactut~' ~ a travel triil~, (2) does not ex_,teed__ 480 squaro feet in L, ros8 floor'm~a. [SEE
SEC. 2.2.11]
~~,q. tO~: A placo for tho mchimifl~ of mcychblo nutetial~ by collecting, rcceiviflg,
sortinf, hilinf md mherwiso prepm~f theso materials for trmster or nlo to ~ Re~ourc~
Recovery F~ility. With the ~xception of nonferrous m~ls, this' activity doed not includo
reclaimin~ of my ~ap, nlvago, second-hand buildinf'nmerials or other con~tmction sit~ wlste,
.junk automobiles, or second-hand automotiv~ lmrts.
Co~cr Coun~ 6~ · Ocrobtr JO, I~1
Travel Trailer/Park Model Lots: Shall mean am ar~'of load where travel erailers, park models
sad other recr~tiomd vehicles with or without f~ fixed motor vehicle wheel base mz'y be loaited
earl which r~cr~tion vehicle nuy ex¢_~__ sa area of two hundred cad forty (240) sqtmre feet.
[5££ SEC. 2.2.11]
Tm?el Trailer - Recreational Vehicle Camtmround Pnrk: See Scc. 2.2. I I.
Tree Farm/Nursery: ~, state licensed plant or trm nursery or farm, for Which plants or trees are
offered for sale in the ordina~ course of the licensee's bu,,ness. [SEE DIV. 3.7 thrpugh 3.14]
~,~bl~: A self supporting woody ploat of a species normally growing to a mamm heigh~
of at least twenty (20) feet and a mature spr~d of at least fifteen (15) feet.
~:~,~,J]]~: A plant which hi been designated by resolution of tho Collier county Bo~rd
of' County Commissioners to be specLully pro~ted because of histori~l significance, rarity, size,
age, species or other reasons. [SEE DIV. 3.7 through DIV. :3.14]
~ A truck equipped with a porUble unit designed to be loaded onto, or affixed to,
tho bcd 'or chssis of the truck and constructed to provide temporary liviag qqprtera ~or
recr~iomd camping, or travel use.
Unmarked Hum,m Burial: Any tmmm. ked location where humsa skeleud rtmmina or Lssociated
burial m'tif~ts are difs~rvered or believed to exist on the b~sis of archfmological or historical
evidcace. [S£E SEC. 2.2.25]
~: A hrm whom the customer picks or purc~ the produce directly from tho
premises on which they om grown or produced.
Urban l)esifnaled Areas: The are~ identified on the Future Land Uso Map ss areas with the
greatest residential densities and sma in close proximity which hflve, or are projected to receive,
future urban support facilities tad services. [SEE SEC. 2.?.7]
L~: Tho purlxxe o~'whicl~ I~md or wirer or ti slrucfuro thereon is designated, timmged, dmi~ned
or intended to be occupied or utilized or For which it is occupied or rmintained. The uso of load
or water in tho vLri,ous ZOning districtS is governed by this l.~fld Development Code.
~,_fl~,~i~: The person who, ~s ultirrmte consumer of' sa explosive, purch&ses nme from
a desler or msaufacturer-distributor, or acquires, the possession of say explosive by say other
means. [SEE DIV. 3.4]
VOR - Vcr? Hifh _Freque~_ (VHFI: Omnidirectional lbflgn. A ground lac~ted radio.
transmitting station used to provide accurate directional information to aircraft for navigation.
including non-precision instrument tipproaches to oa airport, runw~ly.
yacation Time-Shadtm Plan: My arrangement, plan, scheme, or similar device, whether by
membership agrmment, tetuncy in common, sale, lease, doM, rental agreement, license, uso
Collier County 6-$9 October $0, 1991
Land Developmem Cod~
agreement, security, or by any other means, whereby a purchaser in exchange for advanced
consideration receives a right to use a time=sham estate.
=Y.~L~LT.~IJ]~: A vshJculat unit which doea not e~¢_,~,d__ the length and width limitations
provided in Sec. ~16.515, Florida StatuteS., is built on a ~lf-propelled motor vehicle chassis, and
is .d~sigeod for recreation, camping, md travel uso.
Variance: A relaxation of the terms of this Land Deve. lopment Code where such variance will not
bo contrary to tho public interest and where, owning to conditions peculiar to tho property and not
the result of the actions of tho applicant, · 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 si~ of yards and open spaces, signs, add off-street vehicular
facilities. F..~ablishment or expansion of · use otherwise prohibited or not permi:ted shall not be
allowed by variance nor shall a variance bo gnmtod because of the presence of nonconformities
in the land use district or classification.
yenetation Ranoval: TI~ out~ght removal or any act which causes vegetation to die or
significantly decline, including but not limited to, damage inflicted upon tbe root system by heavy
machin~ or lethal substances, changing the natural ~'ade above or below the root system,
bushbog~g or clearing, excessive imming; application of bed~icide~ or chemicals: paving over
the root systems, and the tran~plimting of protected vegetation. [SEE DIV. 3.7 through 3.14]
V~e: The term vehicle, for the purposes of this Code, shall include but not tm limited to any
truck, bulldozer, tractor, automobile, motorcycld, dune or swamp buggy, motor bike, ~o-cart, van
or trailer of any type, bor~ drawn cart or wagon, travel or camping trailer, conch mobile home
or any other velzicles of conveyance which am motorized or if not motorized, which weigh in
excess of one hundred fifty (150) pounds. [SEE DIV. 3.7 through 3.14]
Vehicular Use Area: Either an area designed or used for off-street parking or an area used for
loading, circulation, nccess, storage, display, or traverse of property by vehicles, boats or
construction equipment. [SEE DIV. 2.3]
percent of tbe median annual adjusted grosp, incon~, aa published annually by tbe U.S.
Departn~ent of' Housing and Urb~ Davelopme~.. t for households within the Naples Metropolitan
Statistical Area (MSA). [SEE SEC. 2.7.7] ·
Viable: Reasonable'probability to.live or survive. [SEE DIV. 3.7 tltrough 3.14]
_Y~]~._~M~: A wetland ~ that provides or bas a reasonable probability to provide .
functions (rol~ or values) relating to environmental quality, fish and wildlife and/or socio-
economic value~. [SEl~ DIV. 3.7 through 3.14]
.V_j~l~~: · A runway intended solely for tho operation of aircraft using visual approach
procedure~ with no instrument approach procedure planned or indicated on an approved civil or
C-~l~r Cow~ ~ ~ $0. ]991
D~. 3.2]
~m!ni~vo ~ [S~ O~. 3.6]
hyd~u~ el~ ~. [SEE D~. 3.6]
~: A ~c ~ ~-~lic ~ ~1~ h a ~le'm ~t ~v~g, ~
Div. 2.6]
pfi~, ~ ~ hdi~d~ ~ fi~ f~ ~ ~ of ~e.
~ ~ ~i~ ~ ~, ~pi~ nd o~ by ~y ~mm or ~fli~ of a
li~mti~ indi~ ~.
~ D~ ~
~ID~.[9~: The requital opea spece extending ICTOM ~e ~tim ~d~ of ~e IM ~ ~z
~t ~fld~g !~ ~ ~ ~t~f~y I~. ~ d~blo f~m~ I~ ~i~, ~ ~i~
f~t y~ ~1 ~ ~ ~ ~ ~.
~ ~ I~ of ~ exi~ ~or to ~o ~to of ~option of ~lli~r ~ty O~i~
82-2, ~ch i~ do ~ ~ ~m ~t y~ ~i~ ~bli~ ~ ~s ~, i) ~y
~ (1) ~ll ~ ~t ~ ~1 ~ ~i~, 2) ~! ~ ~t ya~ ~1 ~ n~ I~ ~ fi~
~t (~%) of ~ ~m ~i~ fret yam d~, ~d the ~11 d~th f~t yam s~H ~
~ ~ ~ of ~gh I~, ~m ~ ~l~g f~t y~ ~ ~ ~z ~jo~ni~g I~ ~di~
~~, a ~ ~ ~t ~ ~1 ~ ~ ~ ~1 ~U~. ~ ~ of ~ f~t y~
~, ~ ~zl~t ~i~ Di~ my ~ ~ ~im~t f~ ~ n~ ~t yam
~ ~imm ~fm a ~i~ y~ ~i~t ~ch s~ll ~t ~ ~z avm~ ~ ~ y~
~idM ~ ~j~t Io~.
~ of a ~ ~t ~ ~1 ~ ~ m ~ ~ y~ ~li~ is a ~p of ~
~ ~d~ ~ ~ ~ d~ ~~ ~ ia ~ M~ ~lel m ~ ~t !~ i~.
~ ~ ~ of i~y ~ I~, ~ ~ my ~ ~~ ~ ~t ~gl~ ~ a ~t ~z ~-..
jolni~g ~z f~ ~M~ of ~ ~ !~ ~, ~ ~z ~ at my ~ti~ n~l~ ~.
~ i~ M ~~ diem ~~g f~ ~t (~%) ~ m of ~ ~mg~ ~ ~z
~ of, a ~ ~ ~~g ~ ~ ~I~ ~ ~~ ~g ~ ~m~ ~t
~ ~ a ~ of m ~ ~ ~ f~ (6'), ~ ~ildMg ~~ ~ ~i pmj~
~ ~ ~ I~ m ~~. ~s p~ a~li~ in ~1 mi~fi~ mg ~ca ~d
~ ~ ~i~ ~ ~ ex~d~g ~ ~z ~tim ~d~ of ~ ~ of ~ lot
~ ~ ~ of ~gh I~ ~ ~ I~, ~ ~11 ~ no ~ ya~, ~t ~y ~t md sido
y~. ~ of a ~ ~ y~ ~1 ~ ~ m ~t ~ ~ ~li~M ~ a ~p of
· ' lot IMe.
1~, ~ ~o ~ht ~ ~o I~ fa~ ~m ~ ~ lb of ~o ~t y~.
Where lots of record existed prior to thg. effective d~o of Collier County Ordinance No. 82-2 .
(1982), which lots do not meet tho minimum side yard width requirements established in this
Codo, then 'for such lots, and only for such Iot~, tho minimum sido yards, shall be not leas than
.. ten percent (10W) of the lverago lot width, provided no sido yard shll be less than five feet (5'). '
·. In tho caso of through lots, sido yards shall extend from the rear lines of required front yards. In
County ~ Octo~)~ JO, 1991
the case of comer lots, yards rumahlng after front ys~'have been established on both frontages
]~B]3L.~]: A yard other than a yard adjacent to a public street required to perform the same
functions as · side or rear yard, but adjacent to a lot line and so placed or oriented that neither
~e term *side yard" nor the term "rear yard" clearly applies. (See "Front Yard,' 'Side Yml,"
"Rear Yard,' or See. 2.6.4).
Zero Lot Une Houslnn_: A single-family attached or detached dwelling muctum on individually
pl-_._-_~ lots which providm a side yard or p~tio on ono side of the dwelling and no yard on tho
other. [SEE SEC. 2.6.27]
COLLIk-'R COUN'I~
.LAND DEVELOPMENT CODE.
BT~ND~D LEGAL DOCU~_~B FOR BONDING OF REQUIRED IMPROVEMENTS
Irrevocable Standby Letter of Credit A-2 tQ A-3
· Surety Bond A-4 tO A-5
'Escrow Agreement (Construction and ~
.. Maintenance) .A-6'to A-9
~ Escrow Agreement (Maintenance) A-10 to:~A-12
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 improvement9 with
respect to this Code. · Adherence to the forms will 'assure
an expeditious review by the Development Services ~
Department and the Collier County Attorneyts 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.
IRREVOCABLE STAND~'Y LETTER OF CREDIT NO.
[ tn e :t l aue 's identifying
ISSUER= [insert full name and street address of Issuer]
(hereinaft~r "Issuer")
PLACE OF EXPIRY: At Issuerts counters.
DATE OF EXPIRY: This Credit shall be valkd until [insert date
'of first anniversary of datQ of issue], and shall thereafter be
automatically renewed for successive one-year periods on the
anniversary of its .issue unless at least sixty (60) days prior
to any such anniversary date, the Issuer notifies the
Beneficiary in writing by registered mail t~at the Issuer
elects not to so renew this Credit.
APPLICANT: [insert full name of person or entity] (hereinafter
"Applicant") [insert Applicant~s current business address]
BENEFICIARY: The Board Of County Commissioners, Collier'
County, Florida (hereinafter "Beneficiary") c/o Office of the
County Attorney, Collier County Courthouse Complex, Naples,
Florida
AMOUNT: $ [insert dollar amount] (U.S.) up to an aggregate
thereof.
CREDIT AVAILABLE WITH: Issuer
BY: Payment against documents detailed herein and.
Beneficiary~s drafts at sight drawn on the Issuer.
DOCUMENTS REQUIRED: AVAILABLE BY BENEFICIARY~S DRAFT(S) AT
SIGHT DRAWN ON THE ISSUER AND ACCOMPANIED BY BENEFICIARY~S
STATEMENT PURPORTEDLY SIGNED BY THE COUNTY MANAGER, CERTIFYING
THAT: "[insert name of Applicant] has failed to construct
and/or maintain the improvements associated with ~hat certain
plat of a subdivision known a~ [insert name of subdivision] or
a final inspection satisfactory to Collier County has not'been
performed prior to the date of expiry, and satisfactory
alternative performance security has not been provided to and
formally accepted by the Beneficiary."
DRAFT(S) DRAWN UNDER THIS. LETTER OF CREDIT MUST'BE MARKED:
"Drawn under [insert name of Issuer] Credit No. [insert
Issuer's number identifying this Letter of Credit], dated
[insert. original date of issue.]" The original Letter of
Credit and all amendments, if any, must be presented for proper
endorsement.
This Letter of Credit sets forth in full the terms of the
Issuer's undertaking and such undertaking shall not in any way
be modified, amended, or amplified by reference to any
-1-
A-2
document, inst=u~ent, or agreement referenced to herein or in
which this Letter of Credit relates, and any such reference
shall not be deemed to incorporate herein by reference any
document, instrument or agreement.
Issuer hereby ~ngages with Beneficiary that draft(s) drawn
under and in compliance with the terms of this Credit will be
duly honored by Issuer if presented within the validity of this
Credit.
This Credit.is subject to the Uniform Customs and Practice'
for Documentary Credits (1983 Revision) International Chamber
of Commerce Publication No. 400.
[Name of Issuer]
By:
[insert title of corporate
officer - must be signed by
,'.",. Pres ent, ce Pres ent or
:;4'' Chief Executive Officer]
III 04'9 :62.3
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS~ that
[NAME OF OWNS]
[ADDRESS OF OWNER]
(hereinafter referred to as "Owner") and
· [NAME OF
[ADDRESS OF SURETY]
(hereinafter referred to as "Surety") are held and firmly bound
unto Collier County, Florida, (hereinafter referred to as
"County") in the total aggregate sum of Dollars
($ ) in lawful money of the United States, for the
payment of which sum well and truly to be made, we bind our-
s~lves, our heirs, executors, administrators, successors and
assigns, Jointly and severally,, firmly by these presents.
Owner and Surety are used for singular or plural, as the
context requires.
THE CONDITION OF THIS OBLIGATION is su0h that whereas, the
Owner has submitted for approval by the Board a certain
subdivision plat named and that certain
subdivision shall include specific improvements which are
required by Collier County Ordinances and Resolutions (here-
inafter "Land Development Regulations").
NOW, THEREFORE, if the Owner sba11 well, truly and faithfully
perform its obligations and duties in accordance with the Land
Development Regulations during the guaranty period established
by the County, and the. Owner'shall satisfy all claims and
demands incurred and shall fully'indemnify and save harmless
.. the County from and against all costs and damages which it may
suffer by reason of Owner's failure to do so, and shall
reimburse and repay the County all outlay and expense which the
County may incur in making.go, od any default, then this ob-
ligation shall be void, otherwise to remain in full force, and
effect.
PROVIDED, FURTHER~ that the said Surety, for value received
hereby, stipulates and.agrees t~at no change, extension of
time, alteration, addition or deletion to the proposed specific
'improvements shall in any way affect its. obligation on this
Bond, and it does hereby waive notice of any such change,
extension of time, alteration, addition or deletion to the
proposed specific improvements.
PROVIDED FURTHER, that it is expressly agreed that the Bond
shall 'be deemed amended automatically and immediately, without
formal and separate amendments hereto, so as to bind the Owner'
and the Surety to the full and faithful performance in
--1--
accordance with the Land Development Regulations. The term
"Amendment," wherever used in this Bond, and whether referring
to this Bond, or other documents shall include any alteration,
addition or modification of any character whatsoever.
IN WITNESS WHEREOF, the parties hereto have caused this
PERFORMANCE BOND to be executed this ~ day ~f .
(owner's w tness and signature blook]
' .. ' (Suretyts witness and signature block]
(notary and acknowledgment for both'
Owner and Surety required] ~
-2-
!
CONSTRUCTION, MAINTENANCE AND ESCROW AGREEMENT
FOR SUBDIVISION IMPROVEMENTS
THIS AGREEMENT entered into this < > day of
· >, 19· > by · >, ·description of
entity> (hereinafter "Deve-~per"),.THE BOARD OF COUNTY COMMISSIONER
OF COLLIER COUNTY, FLORIDA, (hereinafter "The Board") and
· > (hereinafter "Lender").
A. Developer has, simultaneously with the delivery of this
Agreement, applied, for the approval by the Board of a certain plat
of a subdivision to be known a~g · .>
B. The subdivision will include certain improvements which
are required by Collier County ordinances, as set forth in a site
c6nstruction cost estimate ("Estimate") prepared by · >, a
copy of which is attached hereto and incorporated herein as Exhibit
1. For purposes of this.Agreement, the "Required Improvements" are
limited to those described in the Estimate.
C. Sections 3.2.6.5.6 and 3.2.9.1 of.the Collier County
Subdivision Code Division of the Unified Land Development Code
requires the Developer to provide appropriate guarantees for the
construction and maintenance of the Required Improvements.
D. Lender has entered into a construction loan agreement
with Developer dated · . > (the "Construction Loan") to
fund the cost of the Required Improvements.
E. Developer and the Board have 9cknowledged that the
amount Developer is. requi~ed to guarantee pursuant to this
Agreement is $·. ), and this amount represents 110% of the
· . Developerts engineerts estimate of the construction costs for the
Required Improvements. "
NOW, THEREFORE, in consideration of the foregoing premises and
mutual covenants hereinafter set forth, Developer, the Board and
the Lender do hereby covenant and agree as follows:
1. Developer will cause ~he water, sewer, roads, drainage
and like facilities, the Required Improvements, to be constructed
pursuant to. speci, fications that have been approved by the
Development Services Director within · >months from the
date of approval of said subdivision plat.
2. Developer hereby au~horizes Lender to hold
from the Construction Loan, in escrow, pursuant to the terms of
this Agreement.
(1)
3. Lender agrees to hold in escrow $< >, from the
Construction Loan, to be disburssd only pursuant to this Agreement.
I~nder acknowledges that thil Agreement shall not constitute a draw
against the Construction Loan fund, but that only such funds as are
actually disbursed, whether pursuant to this Agreement or a
provision of the Construction Loan, shall accrue interest.
4. The escrowed funds shall be released to the Developer
°nly. upon written approval of the Development Servi6es Director who
shall approve the release' of the funds on deposit not more than
once a month to the Developer, in amounts due for work dore to date
based on the percentage completion of the'work multipli~d by the
respe'ctive work costs less ten percent (10%); and further, that
upon completion of the work, the Development Services Director'
shall approve the release of any remainder of escrowed funds except
to the extent of'S< > which shall remain i~ escrow as a
Developer guaranty of maintenance of the Required Improvemgnts for
a minimum period of one (1) year pursuant to Paragraph 10 of the
Agreement. However, in the event that Developer shall fail to
comply with the requirements of this Agreement, then the Lender
agrees to pay to the County immediately upon demand the balance of
the funds held in escrow by the Lender, as of the date of th~..
demand, provided that upon payment of such balance to the.County,'
the County will have executed and delivered to the Ldnder in
exchange for such funds a statement to be signed by the. Development
Services Director to the effect that: ~
(a) Developer for more than sixty (6) days after written
notification of such failure has failed to comply with the
requirements of this agreement~
(b) the County, or its authorized agent, will complete
t~e work called for under the terms of the above-mentioned contract
or will complete such portion of such work.as the County, in its
sole discretion shall deem necessary in the public interest to the
extent of the funds then held in escrow~
(c) the escrow funds drawn down by the County shall be
used for construction of the Required Improvements, engineering,
legal and contingent'~osts and expenses, and to offset any damages,
either direct or consequential, which the County may sustain on..
account of the failure of the Developer to carry out and execute
the above-mentioned development work,'and,
(d) the County will promptly repay to the Lender any.
por'tion of the funds drawn down and not expended in completion of
the said development work.
5. Written notice to the Lender by the County specifying what
amounts are to be paid to the Developer. shall constitute
authorization by the County to the Lender for release of the
specified funds to the' Developer. Payment by the Lender to the
(2)
A-7
Developer of the amounts specified in a letter of authorization by
the County to the Lender shall constitute a release by the County
and Developer of the Lender for the funds disbursed in accordance
with the letter of authorization from the .County.
6. The Required Improvements shall not be considered complete
until a statement of substantial c~mpletion by Developer's engineer
along with the final project records have been furnished to be
reviewed and approved by the Development Services Director for
compliance with the Collier County Subdivision Regulations. The
Development Services Director shall, within sixty (60) days of
receipt of the statement of substantia~ completion, submit his
recommendations concerning the Required Improvements to the Board.
7. Upon receipt by the Board of recommendations from the
Development Services Director concerning whether Required
Improvements are complete, the Board shall within thirty (30) days
either: a) notify the Developer in writing of its preliminary
acceptance of the improvements~ or b) notify the Developer in
writing of its refusal to accept the improvements, therewith
specifying those conditions which the Developer must fulfill in
order to obtain the BOard's acceptance of th6 Required
Improvements. However, in no event shall the Board refuse
preliminary acceptance of the improvements if they are in fact
constructed and submitted for approval in accordance with the
requirements of this Agreement.
S. Should the funds held in escrow be insufficient to
complete the Required Improvements, the Board, after duly
considering the public .interest~ may at its option complete the
Required Improvements and r~sort to any and all legal remedies
against the Developer.
9. Nothing in this Agreement shall make' the Lender liable for
any funds other than .those placed in deposit by the DeveloPer in
accordance with the foregoing provision; provided, that the Lender
"does not release any monies to the Developer or 'to any other person
except as stated in this Escrow Agreement.
10. The Developer shall ~aintain all Required Improvements for
one year after preliminary acceptance by the Board; as soon as
practical after the one year maintenance, period by the Developer
has terminated, the Development Services Director shall inspect, the
Required Improvements and,.if found to be stiI1 in compliance with'
Collier County Subdivision Reg%~lations as reflected by final
acceptance by the Board, the Developer's responsibility for
maintenance of the Required Improvements shall terminate;
otherwise, the Developer"s responsibility for maintenance generally
shall continue until final acceptance by the Board. The funds in
escrow for Developer's guarantee of maintenance shall be released
upon final acceptance by the Board.
(3)
~.~.. All of the terms ;. covenants and conditions ~erein
contained are and e~all ~e ~indin~ upon tl~e respective successors
and a~.~n~ of ~he Dev~lopero
IN WITNESS WHEREOF, the Board and the Developer have caused
this Agreement to be executed by their duly authorized
representatives this day of , 19 .
Witnesses to CDeveloDer Name~ . : Centit¥~ ,
Developer
<printed name and title>
Witnesses to ~Lender Na'me~ . : (~ntit¥} . ..
Lender
By:
<printed name and title>
'ATTEST: BOARD 6F COUNTY COMMISSIONERS
JAMES C. GILES, CLERK OF COLLIER CgUNTY, FLORIDA
By:
PATRICIAANNE GOODNIGHT,
Chairman
APproved as to form and
legal sufficiency: ·
Kenneth B. Cuyler
County Attorney .
FOR SUBDIVISION IMPROVEMENTS
THIS AGREEMENT .entered into this < > day of
~ <' >, 19< > by < ?, <name of entity>
~'~. (hereinafter "Developer"), THE BOAR~ OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, (hereinafter "The Board") and <
!... (hereinafter "Lender").
A. Developer has, simultane0usly with the delivery: of this
Agreement, applied for the approval by the Board of a.certain plat
"' of a subdivision to be known as: <
B. The subdivision will include certain improvements Which are
required by Collier County ordinances, as set forth in %a site
construction cost estimate ("Estimate") prepared by < ~, a
copy of which is attached hereto and incorporated herein as Exhibit
1. For purposes of this Agreement, the "Required Improvements"
limited to those' described in. the Estimate.
c. sections 3.2.6.5.6 and 3.2.9.1 of the Collisr~County
Subdivision Code Division of the Unified Land Development Code
requires the Developer to provide appropriate guarantees for the
ii'i construction and maintenance of the Required Improvements.
' D. Lender has entered into'a construction loan agreement'with
Developer dated < > (the "Construction Loan") to fund the
cost of the Requi~ed Improvements.
E. Developer and the Board have acknowledged that the amount
Developer is required to guarantee for maintenance of the Required
Improvements pursuant, to this Agreement is $< >, and this
amount represents 10% of the Developer's engineer~s estimate of the
construction costs for the Required Improvements.
NOW, THEREFORE, in consideration of the foregoing prlmiees an~
'mutual covenants hereinafter set forth, Developer, the Board and the
Lender do hereby covenant and agree as follows:
1. Developer will cause the water, sawer, roads, drainage and
like facilities, the Required Improvements, to be maintained
pursuant to specifications that have been approved by the
Development Services'Director for a minimum period, of not less than
One' (1) year pursuant to Paragraph 7 of the Agreement from the date
of Preliminary Acceptance of the Required Improvements by the
Board.
2. Developer hereby authorizes Lender to bold $<
from the Construction Loan, in escrow, pursuant to the 'terms of
this Agreement.
3. Lender agrees to hold in escrow $< .>, from the
Construction Loan, to be disbursed only pursuant to this Agreement.
Lender acknowledges that this Agreement shall not constitute a draw
against the Construction Loan fund, but that only such funds as are
actually disbursed, whether pursUant to this Agreement or a
provision of the Construction Loan, shall accrue in~erest.
4. The escrowed funds shall remain in escrow as a Developer
guaranty of maintenance of the Required Improvements fo= a minimum
period of one (1) year' pursuant to Paragraph 7 of the Agreement.
However, in the event that Developer shall fail to comply with the
requirements of this Agreement, then the Lender agrees t~ pay to
the County immediately upon demand the balance of the funds held 'in
escrow by the Lender, as of the date of the demand, provided that
upon payment of such balance to the County, the County will have
executed and delivered to the ~ender in exchange for luch funds a
statement to be signed by the Development Services Director.to the
effect that:
(a) Developer for more than sixty (6) days after writtem
notification of such failure has failed to comply w~th the
requirements of this agreement;
(b) the County, or its authorized agent, wi'll complete
the wo~k called for under the terms of the above-mentioned contract
or will complete such portion of such work as the County, in its
sole discretion shall deem necessary in the public interest to the
extent of the funds then held in escrow;
(c) the escrow funds drawn down by the County shall be
u~ed for maintenance of the Required Improvements, engineering,
legal and contingent costs and expenses, and.to offset any damages,
either direct or consequential, which the County may sustain on
account of the failure of the Developer to carry out and execute
the above-mentioned development work; and,
(d) the County will promptly repay to the Lender any
portion of the fund~ drawn down and not expended in completion of
the said development work.
5. Should the funds held in' escrow be insufficient to
maintain and/or repair the Required Improvements,.the Board, after
duly considering the public interest, may at its option maintain
and/or repair the Required Improvements and resort to any and all
le.gal remedies against the Developer.
6. Nothing in this Agreement shall make the Lender liable for
any funds other than those placed in deposit by the Developer in
accordance with the foregoing provision; provided, that the Lender
doom not release any monies to tho Developer or to any other pormon
except as stated in this Escrow Agreement.
7. The Developer shall maintain all Required Improvements for
one year after preliminary acceptance by the Board; as so~n as
practical after the one year maintenance period by the Developer
(~)
A-Il
i. has terminated, the Development Services Director shall inspect the
Required Improvements and, l~ £ound to be still in compliance with
Collier County Subdivision Re.la,ions am ~e~leo~ed by ~lnal
acceptance by the Board~ the Developer's responsibility
maintenance of the Re~ired Improvements shall te~inate~
othe~ise, the Developer's responsibility for maintenance generally
shall continue until final acceptance by the Board. ~e funds'
escrow for Developer's ~arantee of maintenance shall be released
upon final acceptance by the Board.
8. All of . the te~s, covenants and conditions herein
contained are and shall ~ binding upon the respective successors
and assigns of ~e Developer.
IN WI~ESS ~OF, ~e Board and ~e Developer have caused
this A~eement to be exerted ~ their duly authorized
representatives this day of ., 19 .
~'/' W~tnelses ~o [Developer Name] ~ [entity)
~ . ~ Developer
<printed n~e and title>
~;, .. cprinted name and title~
,~.~ . A~EST= BO~ OF ~~ CO~SSION~
~,~ ~. Approved as to fo~ and
~,~. · ~oa:L S~reet Seot~ons and Ricrh~:-o~-Wav Des~onl S~andacds
¢' ~::. ~cal Street B-3
· '.}~, C~ercial
~:':~' ~' MXnor Colle~or B-5
,": :' Major Colleoto=
I¢~.' '
'~:'~;,, ~.-
.
C~d~sao
~tes:
Se~ O~toc , ,
I
· ~.. .... :, ~i--.'-:f~ · .
· ...- .? . .. , !.:
.... : ~.~.~.
I
·
-- ~F--'~"------" I
~..,.s' ~,. ~, ..,, e,-m*, ~, .~,
D ..... '~ ..
.
Local Street
Note~ ' ·
,~ ~~ ~ o~ bM ~,e . ...,
.~,
o~e O') foe~ ~ Ihan ~h~.. epec~f'md concrete ~ .,...
The ae_phalt .q~31k ,dvdl be: 1 a,pho~t (Type I#). 6' ~n~rock ... ...
bah (Pined).
Deviation from mJggested 'locat. lo.n of Infrastructure
.. ~ ,.., ,~, u.. co..,.... . Collier County Development
' :. ','_ Services Department Typical Eoadwuy SeCtion
~ ' I I i I [ [] I I I I~11
PIFAL 8D~DIVISION PLAT
REOUIRED CErTIFICatIONS
The following language and format is presented as a guide
to preparers of platting materials which will be submitted to the
Project Review Services Department, Utilities Division, County
Health Department, County Attorney and the Board of County
Commissioners. Adherence to this format and form will
shbstantially expedite each divisionts review. Deviation in
substance or form from this suggested language and format may
result in delay or disapproval of the plat.
i, · i/~. :..
:"?i"~' .. .
~i- .": '
~ ~ .. .
FIIO~ 5UBD~TZSION PL~T
REOU~RED CERT~FTC~T~ON5
state of Florida'
County of Collier
SURVEYOR'S CERTIFICATE
It is hereby ce~cified that the preparation of this plat was based
on a boundary survey of the property made by me or under my
supervision as provided.in Chapter 21HH-6, Florida Admin~strative
Code, and in Chapter 472, Florida Statutes and that the survey
data complies with all of the requirements of Chapter 177, Florida
Statutes. Permanent reference monuments will be set prior to the
recording of this plat and permanent control points will be set
within two months after the completion of required improvements.
(Signature~
(Printed Name)
Florida Professional .Land Surveyor No.
Date ,
~, ...-, ;,~,.f,.,, %,..
{! 4~ .~.....;~ ~ . .
I~:' Coun~v of Collier ) SS
)
' '. ' ' ~is plat approved for recording in a reeler open ~eeting
'~, by the Board of County Co~lssioners o~ Collier Count~, Florida,
~, thin _-- day of . , 19~, A.D., provided
'~ that the plat is f~led In the office of the Clerk Of the' C~r~t
Court of Collier County, Florida.
'.'~::' Cha~an, Board oE Co~2~
Collier County, Florida
I~'~~ ")',~, F
I~'~ FILIND RECO~ .
" I hereby certify that ~his pla2 has been examined b~ m9 and
that it complies in fo~ wi~ the retirements, of Chapter '177,
Florida Statutes. I' further certify that sa~d plat was filed for
~cord at ., . . '_ (a.m{ ?r p.m.) this day of
19. , A.D. anu ~uly recorded In Plat Book. - , Pgge(s)
, ~nclusive,'of the ~bl[c Records of Collier
County, 'Florida.
, Clerk ~'{~"~
By=. '
,...: ,
· "" C-3
O
PXITAL 8UBDI~BXON PL~T
DEVELOPMENT S~VICES DIe,OR
~.., ~ll' Pla~ approved bM ~e Collier County Developmen~ Services
~,. D~c~or this day of , 19__, A.D. -
,..:, Develo~en~ Se~ica Director
:~ '.,' .
DIe.OR OF ~IRO~~ ~GINE~NG
,~ ~ts Plat approved ~ the Collier County Health Department t~is.
~ day of , 19__, with connac~ion to approved
~'~" central water and central Ilwlragl sistemt and no individual ~..
potable water wells or individual sewage systems a=e pe~it~ed.. -
Director of Environmental Engineering
Plat approved by. the Collidr' County Attorney thie day of
, 19__, A.D.
"
~',~,:.~ -..
'n. C-4 '"'"
FINAL SUBDIVISION PLAT
i~ REOUIRRD CERTIFICATIONS
State of Florida ) .
County of Collier ) .
KNOW ALL ME~ BY THESE PRESENTS that
<owner>, the owner of lands described hereon, have caused this
plat entitled <name of
subdivision> to be made and do hereby dedicate the following:
~"'' 1. The streets, roads, easemeDts as shown hereon to the perpetual
~ ' use of the public for the purposes shown.
2. To Collier County Water-Sewer District (or any other
applicable entity: i.e., Immokalee Water-Sewer District, etc.)
all water and sewer utility facilities congtructed within this
platted area, upon acceptance of the improvements required by the
applicable land development regulations.
3. To Collier County Water-Sewer District (or any other
applicable entity: i.e., Immokalee Water-Sewer District, etc.)
all County utility easements, indicated (C.U.E.), with no
responsibility for maintenance.
4. To Florida Power and Light Company (or. any other applicable
entity) and United Telephone Company (or any other applicable
entity), their successors, assigns and subsidiaries, a
'. non-exclusive utility easement (U.E~) as indicated on the pla~ for
the purpose of construction,.installation, maintenance and'
'! operation of electric and telephone facilities.
5. To any authorized County franchised cable TV provider, its
successors, assigns and subsidiaries, a non-exclusive utility
easement (U.E.) as indicated on the plat for the pupose of
construction, installation, maintenance and operation of cable
· television services, provided no such construction, installation,
.maintenance and operation of cable television Service shall
interfere with the'facilities and services of Florida Power &
Light (or any other applicable entity) and United Telephone
Company (or any other applicable entity). In the event the
franchisee, its successors, assigns and subsidiaries damage the
facilities of another public utility, the franchisee, its
successors and assigns shall be solely responsible for said
damages.
C-§
F ZITAL SUBDZVZSZON
WI~ESSES: B~:
.
(~1~ dedications ~nd consents shall .be exerted ~nd ac~o~leded in
accordance ~th ~e applicable seckion~ of Chapters 6~9 ~nd ~9~ of
the Florida Statutes. )
~ ~'9~6~6 .
I !i/' FINJEL BUBDIVIB!ON PLaT
~'~'~" TI~E C~TIFI~TION ,
·
~" I, , <Dam~> , , , a duly licensed atto~ey in the
/,' state of Florida, do here~ ce~ify that I have examined' title
/. all of the prope~y described herein, and such title
':. _..<9~er> .. ~e ~rren~ ~axes have been paid
. ~'~ and the property is ~ree of en~mbrances, excep~ a mortgage in
~ favor of <mor~aaaee> recorded tn O.R. Book . ,~-.
~'.-. Page . . ,' of the ~blto ReCords of Collier Coun~y~ Fl~rtda~
~.~ · '. ' ~ '.
'sTATE OF F~RIDA
) .
~?'. . ~ '
[~[~, . ....... ~ortgagee , au~orized to
',~ ' transact business in ~e State of Florida, hereby ce~tftes that
it is the holder of..a mo~gage' upon ~e her~in described property
~.~ as recorded on O.R. Book , Page of
~ ~blio Records of Collier County, a~d does hereby Join in and
.,' consent to the dedication of the property by the o~er, and a~ees
that its mortgage shall be subordinated to the dedications sho~.
hereon.
; ~ -/I,~,, ,~, ~ ;a '
TITLE
(All dedications and consents shall ~ executed and acknowledged
;'~' ' tn accordance.'with the applicable sections of Chapters 689 and 692
~. of the Florida Statutes.)
" C-7
i~, .
:" ZONING MAP A
:i: NAPLES AIRPORT
,..~ .,.. ;i ':....,.. ,.......
',...' ~ - - ~ ' O. ." . .' , · ,.-.. "--'!""'
/ ~t! ."t~~i~[-.: -. ' '" ' ' ' '-
,~-~ ..~ :..,~-~.-..: . .
. l"~' ~ '.. ~ / ' '
~.. ~, .-
-.- '1 iL~' -"
,;,;: ,,
· ~ ~ '~: . N~I~X I
ZONING MAP B
IvlARCO ISLAND AIRPORT
APP£NO£X !
ZONING MAP C
'~ ., '~ :.,,, 12
IMMOKALEE AIRPORT ZONING MAP D
24 2~ 20
~ 26 2~ 28
NAPLES AIRPORT NOISE ZONE MAP
LEGAh DESCRIPTION
CO~ENCING NO/~I~EST CORNER SECTION 36, TOWNSIIIP 49, RANGE 26,
EAST 1183.68 FEET ~ ALONG NORTH SECTION LINE OF SECTIO~ 36, SOUTH
1750.48 FEET ± TO THE POINT OF BEGINNING, T~IENCE SOUTH 69 DEGREES,
26 MINUTES, 38 SECONDS, WEST 3S1.77 FEET, SOUTH 45 DEGREES, WEST
149.70 FEET, SOU~ 58 DEGREES, 18 HINUTES, 36 SECONDS, WEST
FEET, SOUTH 58 DEGREES, 23 MINUTES, 33 SECOND~, WE~T 646°32
SOUTH 78 DEGREES~ 41 MINUTES, 24 SECONDS, WEST 32~.85 F~ET, SOU~!
45 DEGREES, WEST 508.98 FEET, SOU~TI 41 DEGREES, 25 MI~UTES, 25
SECONDS, WEST 479.98 .FEET, SOUTH 66 DEGREES, 48 MINUTES,
SECONDS, WEST 322.46 FEET, SOUTH 71 DEGREES, 33 MINUTES, 54
SECONDS, WEST 133.90 FEET, SOUTH 42 DEGREES, 23 MINUTES,
SECONDS, WEST 659.36 FEET, SOUTH 45 DEGREES, WEST 119'.76 FEET,
NORTH 60 DEGREES, 56 MINUTES, 43 SECONDS, WEST 435.93 FEET, SOUTH
52 DEGREES, 7 MINUTES, 30 SECONDS, WEST 241.38 FEET, NORTH 60.
DEGREES, 56 MINUTES, 43 SECONDS', WEST 217.97 FEET, SOU~ 57
DEGREES, 5 MINUTES, 41 SECONDS, WEST 428.68 FEET, NORTH 45
DEGREES, WEST 179.64 FEET, NORTH 45 DEGREES, WEST ~98.80 FEET,
NORTH 35 DEGREES, 32 MINUTES, 16 SECONDS, WEST 182.12 FEET, NORTH
71 DEGREES, 33 MINL~L'ES, 54 SECONDS, WEST 334.74 FEET, NORTH
DEGREES, WEST 479.04 FEET, NOR'I%E 48 DEGREES, 48 MINUTES,
SECONDS, WEST 450.10 FEET, SOU~I~ 83 DEGREES, 9 MINUTES, 26
SECONDS, WEST 533.07 FEET, SOU~! 81 DEGREES, 50 MINUTES, 17
SECONDS, WEST 41.79 FEET, SOUTH I DEGREE, 32 HINUTES, 5 SECONDS,
WEST 36.42 FEET, SOUTH 6 DEGREES, 50 MINUTES, 34 SECONDS, WEST
533.07 FEET, SOUTH 41 DEGREES, 11 MINUTES, 9 SECONDS, EAST 450.10
FEET, SOUTH 45 DEGREES, EAST 479.04 FEET, SOUTH 18 DEGREES, 26
MINUTES, 6 SECONDS, EAST 334.74 FEET, SOUTII 54 DEGREES, 27
MINUTES, 44 SECONDS, EAST 182.12 FEET, SOUTH 45 DEGREES, EAST
598.80 FEET, SOUTH 45 DEGREES, EAST ~79.64 FEET, SOUTH 37 DEGREES,
24 MINUTES, 19 SECONDS, WEST 453.08 FEET, SOUT~ 29 DEGREES, 3
HINUTES, 17 SECONDS, EAST 217.97 FEET,.SOUTH 45 DEGREES, WEST
209.58 FEET, SOUTH 25 DEGREES, 20 MINUTES, 46 SECONDS, EAST 445.09
FEET, SOUTH 45 DEGREES, WEST 89.82 FEET, SOUTH 47 DEGREES~ 23
MINUTES, 9 SECONDS, WEST 719.19 FEET, SOU~ 45 DEGREES, WEST 59.88
FEET, SOUTH 14 DEGREES, 2 MINUTES, 10 SECONDS, WEST 174.58 FEET,
SOUTH 47 DEGREES, 43 MINUTES, 35 SECONDS, WEST 629.45 FEET, SOUTH
32 DEGREES, 28 MINUTES, 16 SECONDS, WEST 552.07 FEET, SOUTH 37
DEGREES, 52 MINUTES, 30 SECONDS, WEST 241.38 FEET, SOUTH 8
DEGREES, 31 MINUTES, 51 SECONDS, WEST 856.31 FEET, NORTH 81
DEGREES, 28 MINUTES, 9 SECONDS, EAST 856.31 FEET, NORTH 52
DEGREES,' 7 MINUTES, 30 SECONDS, EAST 241.38 FEET, NOR~! 57
DEGREES, 31 MINUTES, 44 .SECONDS, EAST 552.07 FEET, NORTH 42
DEGREES, 16 MINUTES, 25 SECONDS, EAST 629.45 FEET, NORTH 75
DEGREES, 57 MINUTES,. 50 SECONDS, EAST 174.58 FEET, NORTH 45
DEGREES, EAST 59.88 FEET, NORTH 42 DEGREES, 36 MINUTES, 51
SECONDS, EAST 719.19 FEET, NORTH 45 DEGREES, EAST 89.82 FEET,
SOUTH 64 DEGREES, 39 MINUTES, ~4 SECONDS, EAST '445.09 FEET, NORTH
45 DEGREES, EAST'209.58 FEET, SOUTH 60 DEGREES, 56 MINUTES, 43
SECONDS, EAST 217.97 FEET, NORTH 56 DEGREES, 18 MINUTES, 36
SECONDS, EAST 458.00 FEET, SOU"~H 33 DEGREES, 41 MINUTES, 24
SECONDS, EAST 152.67 FEET, SOUT?E 45 DEGREES, EAST 628.74 FEET,
SOUTH 45 DEGREES EAST 149.70 FEET, SOUTH 66 DEGREES, 48 MINUTES,
SECONDS, EAST 322.46 FEET, SOUTH 48 DEGREES, 34 MINUTES, 35
SECONDS, EAST 479.98 FEET, SOUTH 57 DEGREES, 5 MINUTES, 41
SECONDS, EAST 428.68 FEET, NORTH 87 DEGREES, 42 MINUTES, 34
SECONDS, EAST 529.69 FEET, NORTH 2 DEGREES, 17 MINUTES, 26
OECONDS, EAST 5~9,69 FEET~ MORT!! 32 DEGREES~ 54 MINUTES, 19
SECONDS, WEST 428.68 FEET, NORTH 41 DEGREES, 2S H~NUTES, 25
SECONDS, WEST 4'79.98 FEET, NORTH 23 DEGREES, 11 MINUTES, 55
SECONDS, WEST 322.46 FEET, NOR~ 45 DEGREES WEST, 149.70 FEET,
NORTH 45 DEGREES, WEST 628.74 FEET, NOR~! ~4 DEGREES, 27 MINUTES,
44 SECONDS, WEST 182.12 FEET, NORTI! 33 DEGREES, 41 MINUTES, 24
SECONDS, EAST 4~8.00 FEET, NOR'Iq! 36 DEGREES, 52 MINUTES, ~2
SECONDS, WEST 211.71 FEET, NORTH 45 DEGREES, EAST 239.52 FEET,
NORTH 30 DEGREES, 4 MINUTES, 7 SECONDS, WEST 464.80 FEET, NORTH 45
DEGREES, .EAST ~19.76 FEET, NORTH 47 DEGREES, 36. MINUTES, 9
SECONDS, EAST 6S9.36 FEET, NORTH 18 DEGREES, 26 MINUTES, 6
SECONES, EAST 133.90 FEET, HOR~! 23 DEGREES,. 11 MINUTES, 55
O 'g19 , 655
SgCOg DB, ~-AST 3 2 2 · 4 6 FEET ~ NO]~IJ 4 6 DKGR~*~8 ~ 3 4 HX~B
IECOHDB~ EABT 47g*g8 ~E~ NO~( 45 DEGREE8~ EAS~ 508.98
NO~ 15 D~REU, 56 Ml~ES, 43 SECONd, ~T 308.2S FE~, NO~f
29 DEG~ES, 3 Ml~, ~ SE~N~, ~T 653.90 ~, NO~ 45
DEO~EE8~ ~ 149.70 ~ NO~ 45 DEGREES~ EAST 179.64
~l~ Of BEGXNNXNG,
AZRPORT NOZSE ~ONE B
I.~EGA Z~ DESL'~Z PTZON
CO~ENCING NO~E~T ~RN~ ~E~ION 36~ TOWNSIIIP 49~ ~NGE
WEST 2772.66 FE~ ~ A~NG NO~! SE~ION hINE OF SE~ZON 36,
430.40 FE~ ~ ~ ~{E ~Z~ OF ~E~INNING, ~IENCE NEST 42.34
SO~i 87 DEGREEB, 42 HX~ES, 34 8ECONDS, NEST 529.69 FE~, SO~l
57 DEGREES, 59 HI~ES, 41 SE~NDS, ~ST ~99.45 rE~, so~! 60
DEGREES, 56 M[~TES~ 43 SECONDS, WEST 871.87 FEET, SO~! 49
DEGRKK~, WEST 59.88 FE~, ~OUTil 47 DECR~, 29 N II;UTE~, 22
SECONDS, WEST 689.27 FE~, SOUTH 45 DEGREES, WEST 29.94
SOUTH 45 DEGREES, WEST 778.44 FE~, SOU~{ 42 DEGREES, 8 HINUTES,
15 SECONDS, NEST 599.55 FE~, SO~{ 45 DEGREES, WEST 179.64
SOUTI{ 42 DEGREE8~ 47 HI~ES, 51 SECONDS, W~ST 779.02 FE~, SO~II
45 DEGREES, WEST 29.94 FE~, NOR~ 62 DEGREES, 21 HINGES,
SECONDS, WEST 501.89 FE~, SO~ 45 DEGREES, WEST 149.70
NOR~{ 56 DEGREES, 18 MI~S, 36 SECONDS, WEST 152.67 FE~, SO~[
55 DEGREES, 29 SECONDS, ~ST 516.85 ~, NO~ 45 DEGREES, WEST
89.82 FE~, NO~ 42 DEGREES, 36 HI~ES, 51 SECONDS, WEST 719.19
FEET, NORTH 45 DEGREES, WEST 59.88 FE~, NOR~ 71 DEGREES, 33
MIN~ES, 54 SE~NDS, WEST 133.9 FE~, NOR~ 47 DEGREES, 36
MIN~ES, 9 SE~NDS~ W~T 659.36 FE~, NOR~ 45 DEGREES, WEST
628.74 FE~, SO~ 80 DEGREES, 32 MINUTES, 16 SECONDS, WEST 257.55
FEET, NOR~ 61 DEGREES, 23 MINUTES, 22 SECONDS, WEST 530.54
NORTH 45 DEGRZES~ WEST 269.46 FEET, NORTH 45 DEGREES, WEST 299.40
FEET, NOR~ 65 DEGREES, 33 MINUTES, 22 SECONDS, WEST 51~.62
NORTH 68 DEGREES~ 17 MXNUTES~' 43 SECONDS, WEST 267.72 FE~, SO~
28 DEGREES~ 18 MI~ES~ 3 SECONDS, EAST 256.72 FE~,. SO~ 28
DEGREES, 36 HI~ES, 38' BE~NDS, EAST 530.54 FE~, HOUTll '38
DEGREES, 39 HIN~ES~ 35 8E~NDS~ EAST 27X.12 FE~, 80~1
DEGREES, EAST 269.46 ~, SO~ 28 'DEGREES, 36 HINGES, 38
SECONDS, EAST 530.54 FE~; SO~ 9 DEGREES, 27 MI~ES, 44
SECONDS, WEST 257.55 FE~, SO~ 45 DEGREe, EAST 628.74
SOUTH 42 DEGREES, 23 HX~ES~ 5X SE~HOS, EAST 659.36 FE~ SO~H
18 DEGREES, 26 MI~ES~ 6 SE~NDS~ EAST 133.90 FE~, SO~H 45
DEGREES, E~T 59.88, SO~ 47 DEGREES, 23 HX~ES, 9 SE~NDS, ~ST
719.19 FE~, SO~ 45 DEGREES~ EAST 89.82 FE~, SO~ 38 DEGREES,
39 HI~ES~ 35 SECON~ WEST 542.24 FE~, SO~ 33 DEGREES, 4X
HI~ES, 24 SE~NDS, EAST 152.67 FE~, SO~ . 45 DEGREES, WEST
149.70 FE~, SO~ 27 'DEGREES; 38 'HXNUTES, 46 SECONDS, EAST 501.89
FEET, SOU~ 45 DEGREES~ WEST 29.94 FE~, SOUTH 52 DEGREES, 45
HI~TES, 55 SECONDS, WEST 664.78 FE~, SO~ 45 DEGREES, WEST
179.64 FE~; SOU~ 47 DEGREES, 29 HX~ES, 22 SECONDS, WEST 689.27
FE~, SOU~ 23 DEGREESf 11.HI~ES, 55 SECONDS,.WEST 322.46
SOUTII 32 DEGREES~ 19 SE~NDS, NEST 399.45 FK~, SOUTil 45 DEGREES,
WEST 89.82 FEET, SO~ 12 DEGREES, 57 HINGES, Il SECONDS, WEST
847.29 FE~, SOU~ 32 DEG~ES, 35 MINUTES, 9 SECONOS, WEST 276.31
FEET, SOUTH 26 DEGREES, 33 MXNUTES, 54 SECONDS, WEST 568.07 FEET,
NORTIJ 62 DEGREE~f 31 MXN~E~; 32 ~ECONDS, EAST 596.55 FEET; NORTH
53 DEGREES; 32 HI~ES~ 52 SECONDS; EAST 266.26 FE~, NO~II 74
DEGREES, 5 MXN~ES, 25 SECONDS, E~T 349.67 FE~, NO~II 82
DEGREES, 34 HINGES ~ 7 ~CONDS, EAST 491.05 FE~ NOR~f
DEGREES, EAST 89,82 FE~ NORTII 57 DEGREES, 59 HINUTEB~ 41
SECONDS, EAST 399.45 FE~ NORTII 66 DEGREES, 48 MINUTES,
SECONDS, EAST 322.46 FE~ NOR~ 42 DEGREES, 30 MIN~ES, 38
SECONDS, EAST 689.27 FE~ NOR~ 45 DEGREES, EAST 179.64 FE~,
NORTH 37 DEGREES, 14 MINUTES, · SECONDS~ EAST 664.78 FE~, NORTH
45 DEGREES, ~ST 29.94 FE~ HC~H 62 DEGREES, 21 MIN~ES,
SECONOS, EAST 501.89 ~ NORTH 45 DEGREES, EAST 149.70 FE~,
SO~H 56 DEG~ES, 18 HI~ES, 36 SECONDS, ~ST 152.67 FE~, NO~ll
55 DEGREES, 29 SE~NDS~ E~T 516.85 FE~, SO~H 45 DEGREES, EAST
59.88 FE~, SO~ 45 DEGREES, EAST 718.56 FE~, SOU~ 45 DEGREES,
EAST 59.88 FE~, SO~ 59 DEGREES, 2 MI~TES, 10. SECONDS, EAST
'123.45 FE~, SO~ 47 DEGREES, 36 MINUTES, 9 SECONDS, EAST 659.36
FE~, SOU~ 57 DEGREES, 31 HINUTES, 44 SECONDS, EAST 552.07 FEET,
EAST 338.73 FE~, SOU~ 63 DEGREES, 26 MINUTES, 6 SECONDS, EAST
757.43 FEET, SO~ 61 DEGREES~ 13 SECONDS, ~ST 196.14 FE~, NORTH
18 DEGREES~ 6 HI~ES~ 23 SECONDS~ WEST 211.40 FE~, NORTll 28
DEGREES, 44 MI~TES~ 23 SECONDS, NEST 748.50 FEET, NORTH 3
DEGREES, 48 MI~ES, 51 SECONDS, EAST 318.27 FE~, NORTll 33
m9 657
'" DEGREES, 6 MINUTES, 41 SECONDS, WEST 581.33 FEET, NORTh! 42
DEGREES, 23 HINI~Z*ES, 51 SECONDS, WEST 659,36 FEET, NOI~I'J! 30
~. DEGREES, 57 MINUTES, 50 SECONDS, WEST 123.45 FEET, NORTh! 45
DEGRES, WEST 59.88 FEET, NORTH 45 DEGREEES, WEST 718.S& FEET,
NORTH 45 DEGREES, WEST 59.88 FEET, NORTH 30 DEGREES, 57 MINUTES,
50 SECONDS, EAST 493.79 FEET, NORTH 33 DEGREES, 41 MII4~S, 24
F SECONDS, WEST 152.67 FEET, NORTH 45 DEGR.EES, EAST 179.64 FEET,
~.,,. NORTH 30 DEGREES, 57 N~NUTES, 50 SECONDS, WEST 493.79 FEET, NOI~TH
~" 45 DEGREES, EAST 29.94 FEET, NORTH 47 DEGREES, 12 M~NUTES, 9
SECONDS, EAST 779.02 FEET, NORTH 45 DEGREES, EAST 179.64 FEET,
NORTH 47 DEGREES., 51 MINUTES, 45 SECONDS, EAST 599.55 FEET, NORq"d
47 DEGREES, 2 MINU'Z~.8, 43 SECONDS, EAST 838.86 FEET,' NORTH 45
DEGREES, EAST 7X8.56 FEET, NORTH 45 DEGREES, EAST 748.50 FEET,
NORTH 45 DEGREES, EAST, 29.94 FEET, NOR~! 45 DEGREES, EAST 59.88
FEET, NORTH 40 DEGREES, 14 HINUTES, 11 SECONDS, EAST 721.05 FEI~T,
NORTH 8 DEGREES, 44 H~NUTES, 46 SECONDS, EAST 556.92 FEET, NORTH 6
/:: . DEGREES, 50 HINUTE$, 34 SECONDS, WEST 533.07 FEET, NORTH 42.34
' FEET, TO POINT OF BEGINNING. ·
:.,:~-i.'~- * AXRPO~T~:G&T. DESCRIPTXoNNOXS~ ZONg C
/
CO~ENCXNG NO~E~T CO~ SE~XON 36, ~SHXP 49, ~GE 26,
SO~ 1044.48 FE~ A~N~ ~T SE~ION LINE OF SE~ON 36, WEST
761.27 FE~ ~ ~I~ OF BEGI~IN~, ~NCE SO~ ~7 DEGREES, 31
MI~KS, 44 8E~NDS, ~ST 276.03 FE~, NO~ 81 DEGREES, 52
MI~ES, ~2 SECONDS ~ST 97.77 FE~, SO~ 33 DEGREES, 5
38 SECONd, ~T S28.81' ~, SO~ 61 DEGAS, 43 MI~S 48
SECONDS WEST 211.29 FE~, SO~ 64'DEGREES, 26 MI~ES, 24 SE~N~
WEST ~39.75 ~, SO~ 55 DEGREES, 18 ~I~ES, 17 SK~NDS WEST
334.74 FE~, NO~ 52 DEGREES, 7 MI~ES, 30 SECONDS EAST 724.15
FE~, SO~H 51 DEG~ES~ 32 SECONDS WEST. 572.01 FE~, SO~ 45
DEGREES, WEST 209.58 FE~ S0~H 45 DEGREES~ W~T 209.58 FE~,
SOU~ 48 DEGREES~ 46 BE~NDS, WEST 569.65 FE~, SO~ 52 DEGREES,
7 HI~TES, 30 BE~N~, WEST 482.77 FE~, SO~ 45 OEGREES, ~ST
299.40 FE~, SO~ 50 DEG~ES, 11 MI~, 40 SE~NDS, ~T 330.70
FE~, SO~ 52 DEGAS, 35 MI~, 41 SECONDS, W~T 453.08
BO~ 49 DEGREES, 45 MI~ 49 BE~NDS, WEST 360.53 FE~,
57 DEGREES, 5 HI~ 41 S~CONDS~ WEST 428.68 FE~, SO~ 29
DEGREES, 44 HI~ES, 42 SECONDS, EAST 341.37 FE~, ~ST 127.03
FE~, SOU~ ~2 DEG~ES~ 54 MI~S~ 19 SECONd, WEST 428.68
SO~ 4B DEGREES, 46 BE~NDS~ EAST 569.65 FE~, SO~ 40 DEGAS,
36 HI~TES, 5 SE~NDS~ E~T 390.37 FE~, SO~ 39 DEGREES, 17
HI~TES, 22 8E~NDS, ~T 60~.79 FE~, SO~ 21 D/GREES~ 2
HI~ES, 15 SE~N0S, ~T 294.88 FE~, BO~ 32 DEGREES, 54
MI~ES, 19 BE~N~, ~T 428.~8 FE~ ~ST 127.03 FE~, SO~ 32
DEGREES, 28 HI~,. 16 SEINES, E~T 276.03 FE~, BO~ 41
DEGAS, 38 HI~, I SE~ND, ~ST 509.86 FE~, SO~ 48 DEGREES,
10 HI~ES~ 47 SE~N~, ~ST 539.7~ FE~ SO~ 24 DEGREES, 26
MI~ES, 38 SE~N~, ~T 255.8~ FK~, SO~ 27 DEGREES, 38
MI~ES, 46 SE~NDS, E~T 501.89 ~, SO~ 25 DE~EES,
MX~ES, 58 SECONDS, ~T 926.00 ~, NOR~ 60 DEGREES, 35
MX~TES, 24 SECONDS, W~T 842.83 FE~, NOR~ 60 DEGREES, 31
HIN~ES, 27 SE~NDS, W~T 559.33 ~, NO~H 61 DEGREES, 41
HI~ES, 57 SE~NDS, ~T 312.58 ~, NO~ 48 DEGREES, 34
MI~ES, 3~ SE~NDS, ~ST 479.98 ~, NO~ 45 DEG~ES, ~T
508.98 FE~, NO~ 63 DEGREES, 26 MI~TES, 6 SE~NDS, W~T 284.04
FE~, NO~ 74 DEG~E8, 19 MI~ES, 59 SE~NDS, ~ST 232.86
NOR~ 57 DEGREe, S MI~, 41 SECONDS, WEST 312.93 ~,
68 DEG~ES, S7 H~, 4~ SE~N~ ~ST 294.88 ~, NO~ SO
DEGREES, 42 HI~S, 38 SE~N~ WEST 601.79 FE~ NO~ S3
DEGREe, 7 ~Z}~ES, 48 SE~NDS, W~T 423.42 ~,; NO~
DEG~ES, 49 HI~ES, 13 SE~NDS, WEST 539.75 FE~, SO~
DEGREES, 7 HI~S~ 48 SE~NDS, WEST 423;42' FE~, NO~ 90
DEGREES, W~T 327.03 FE~, NOR~ 60 DEG~ES, 56 HI~, 43
SECONDS, WEST '217'.97 ~, SO~ .39 DEGREES, 48 HI~S, 20
.. SECONDS, WEST 3~0.70 F~, SO~ 45 DEGREES, ~T ~49.10
SO~H 41 DEGREES, 38 HI~S, I SECOND, WEST 509.86 ~, SO~
DEGREES, 39 HI~S, 35 SECONd, WEST 271.~2 FE~, SO~ 67
DEGREES, 22 HZ~ES, 48 SE~NDS~ WEST 5~0.44 FE~, SO~ 57
DEGREES, 31 HI--SS, 44 ~E~NDS, WEST 276.03 FE~, SO~[
DEGREES, 57 MX~ES, . 50 SECONDS, WEST 174.58 FE~, BO~ 7~
DEGREES, 53 HI~ES, 50 SECONDS, WEST 575.91 FE~, SO~ 48
DEGREES, 21 HINGES, 59 SE~NDS, WEST 509.86 FE~, BOU~
DEGREES, 31 HINGES, 44 BECONDB~ WEST 552.07 FE~, BO~il 45
DEGREES, WEST 239.52 FE~, SOU~ 35 DEGREES, 32 NIN~ES, 16
SECONDS, WEST 364.24 .FE~, NOR~ 84 DEGREES, 17 HI~, 22
S~NDS,' WEST ~25.53 FE~, NO~ 8 DEGREES, 45 MX~,
SE~NDS, WEST 421.17 FE~, NO~' 51 DE;REES, 3 HI~ES,
SECONDS, ~T 381.86 ~, NO~ 5X DEGREe, 20 MX~, 25
SECONDS, ~T 211.71 ~, NO~ 28 DEGREES, 36 MX~ES, 38
SE~NDS, E~T. 530.54 FE~, NO~ 26 DEGREES, 33 MI~ES, 54
SECONDS, ~T 284.04 FE~, NO~ 45 DEGAS, E~T 508.98
NO~H, 17 DEG~ES, 6 HI~, 10 SE~NDS, E~T 575.91 ~, NO~
~4 DEGREES, 2 HX~, 10 SE~NDS, WEST 174.58 FE~, NO~ 18
DEGREES, 26 ~I~S, 6 SE~NDS, ' ~T 200.84 FE~, NO~ 32
DEGREES, 28 HI~ES, ~6 SE~NDS, E~T 276.03 FE~, NOR~ 22
DEGREES, 37 HI~ES, ~2 SECONDS, EAST 550.44 ' FE~, NORTH
.
~ DEGREES, 20 NIk'UTES, 25 SECONDS, EAST 271.12 FEET, NORTH 48
'"J DEGREES, 21 MIH~E~ 59 B~HD~, ~ABT 509.86 F~ HOWl 45
SECOHDS~ HEST 217.97 FE~ HOR~ 11 DEGREES~ 18 HZ~ 36
~. SECOHDS~ E~T 107.95 FE~ 50~ 34 DEGREES~ 59 HZ~ES~
't * SECOHDS~ ~ST 516.85 ~ NOR~ 50 DEGREES~ , 42 HI~ES~ 38
~:; SE~HDS~ ~EST EOL.79 FE~ HO~ 39 DEGREES~ 38 H[H~ES~
SECONDS~ ~ST 962.28 '~ HO~ 38 DEGREES~ 25 HI~ES 5 SE~DS~
~EST 783.~1 ~ HO~ 45 DEGREES~ ~EST 209.58 FE~ HO~ 45
DEGREES, ~ST 568.86 FE~, NO~ ~0 DEGREES, '14 M[~ 11
SECONDS, WEST 721.05 ~, NO~ 18 DEGREES~ 26 HIN~S 6 SE~NDS,
WEST 66.95 FE~, NO~ 30 DEGREES, 57 HI~TES, 50 SECONd, WEST
12~.45 FE~ NOR~ 32 DEGREES~ 11 HINUTES~ 45 SECONDS, WEST 675.48
FE~, NORTH 23 DEGREES, 57 HI~ES, 45 SE~NDS, WEST 834.04
NORTH 16 OEGREES, 4~ HI~ 57 SECONDS, WEST 442.06 ~, NO~
13 DEGREES, ~3 HI~S, ~4 SECONDS, EAST 687.87 FE~, SO~ 80
DEGREES~ 24 HI~ES~ 41 SECONDS~ EAST 334.28~ SOU~ 78 DEGREES~
HINUTES, 24 SECONDS, ~ST 323.85 FE~, SOUTH 22 DEGREES, '32
HINUTES, 40 SECONDS~ ~T 453.64 FEET, SOUTH 45 DEGREES, 10
HI~TES, 27 SECONDS, E~T 113.~1 FE~ SO~H 6L DE~REES' 8 HIN~ES,
58 HE~ND8~ ~8T 279.46 ~E~ SO~! 46 DEGREES, 39 HIN~ES, 3
BECONDS~ EAST 186.72 FE~ SOUTH 40 DEGREES~ 25 NINUTES~
SECOHDS~ EAST 750,89 FE~ BO~H 45 DEGREES, EAST 29.94
SOUTH 45 DEGREE~, K~T 778.44 FE~, SO~ 45 DEGREES, EAST 748.50
FE~, SO~ 49 DEGREES, 14 MI~ES, 11 SECONDS, EAST 810.60
SO~ 47 DEGREES, 36 HI--S; 9 SE~NDS, E~T 659,36 FE~, SO~
45 DEGREES, ~ST 119.76 FE~, SO~H 56 DEGREES, 18 HI~ES, 36
SECONOS, EAST 152 · 67 ~, SO~ 36 DEGREES, 52 NI~S,
SECONDS, .~T 635.13 FK~, HOR~ 54 DEGREES, 27 MI~ES, 44
SECONDS, ~ST 546.36 ~ SO~ 90 DEGREES, E~T ~27.03 ~,
SO~ 60 DEGREES, 15 HI~., ~8 SE~N~, E~T 341.37 FE~, NO~'
32 DEGREES, 54 HI~, 19 SE~N~, ~ST 428.68 FE~, NO~ 40
DEGREES, 14 HI~ES, 11 S~NDS, EAST 360.53 FE~, NO~ 37 "
' DEGREES, 24 HI~ES, 19 SECONDS, EAST 453.08 FE~, NOR~ 39
DEGREES, 48 HI~S, 20 SECONDS, ~ST 330.70 FE~, NO~ 45
DEGREES, ~T . 329.34 ~. NO~ 41 DEGREES, 11 HI~, 9
SECONd, EAST 450.10 FZ~, NO~ 41 DEGREES, 59 NI~E8,
SK~NDSe EAST S69.65 FE~, NOR~ 45 DEGREES~ ~T 209.58
NOR~! 45 DEGREF~, E~T 778.44 'FE~, NO~ 45 DEGREe, E~T S38.92
FK~, NO~ 54 DEGREES, 21 M~ES, 32 SECONDS, EAST 317.35
NOR~! 38 DEGREES 56 HI~ES, 47 SE~NDS, EAST ~34~.06 FE~,
90 DEGREES, EAST 231.71 FE~, SOUTH 86 DEGREe, ~ MINUTe, 9
SECONDS,. E~T 636.54 FE~, 80~ 63 DEGREES, 26 MI~S,
SECONDS, ~ST 284.04 FE~, SO~ 55 DEGREES,' 29 SE~N~, EAST
(- 516.85 FE~, SOU~ 38 DEGREES, 39 M~NUT~, 35 SECONDS, EAST 542.24
, FE~ SO~ 30 DEGREESe 57 Nl~K8~ 50 SE~NDB~ 246.89 FE~, SO~
~'- 22 DEGREES, 37 NI~ZS, 12 SK~N~, ~T 550.44 FE~, SO~ 78
:. DEGREES, 41 HI~ 24 SE~NDS; E~T 323.85 FE~, SO~
DEGREES, 18 HI~S~ 36 SK~NDS, EAST 323.85 ~, ~ ~E ~I~ OF
BEGINNING.
~ ~ ..
?"% ,
~f:~: .'.. '- . ~.i
? WX~ BO~P~FXN~ ~OUXREHE~
~ TS ~ ~
No~els - Tourls~' "' ' '
Othar Residential ~ ~
develop v~thin the idontitied noise lone, a sound level reduct~
(SLR) oE 3S muot bo ineo~oratod ~nto tho dogi~n and const~tion
off tho
s~ - Sound ~vel Reduction
35. 30. or 2~ - ~e land uge is eenerallv com~at[ble, however, a sound
~vel Reduction fS~) of 35. 30 or 2~ mu8~ be
lnco~orated ~n~o the design and const~ctio~ of
st~c~ure.
dete~inin~ the acceptability and De~issible land uses remain~
'. with 2he authority of the Board of County Commissioners.
other lend uses no2 s~eci~ied above shall be Debitted in
noise zones ~ursuan2 to the a~licable zonina distric2 a~d
shall not be re~lred to meet S~ retirementS,
~~i';~,t.". Re~ulred~.round ~ranemls~lon
standards shall be established by certification fr~ a registered
professional architect or enqineer ~hat ~hen const~cted In
accordance ~th the approved plans and ~lth ~al~ty ~orksanship,
the building shall aohlevl tho Iplc~r~ed interior noise levels, or
T~ 403,~
~ fO~ ~ZffZON OF ~g~LZSS
~xte~lor Walls Windows
~ ~1~ ~olso and and
~ ~ Open~nve Reduot~on Roora fXoped ~Xas~n~
;., ~ - ~S~ 30 ~ 4S 37
3S ~ SS 45
~" 26 - 70~ 30 ~ SO 4& ,
2S ~ 4S 37 -
..'~ . ~:,..
Standard for Sound control/19as
Sourca~ Southe~ Build,hq C~e Conqress ]~ternat~onal, ln~. - .
~:,.- S~C~ Standard for ~ound Control SSTD
1987
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IN01CATES C~RIO~ MANAGEMENT O~RLAY DIS~ICT
....... : ........INOICAIES CITY Lli~,IITS eszzs
INOICAi'ES SPECIAl_ TREATk~ENT O¥'CRLAY , /~
(330' ~F~T FROM R~ UNE) ~ "~''.~~t~ ~~~ ·
~" : :1 - ~ -~ ~ J CmUER C~N~. FLORIDA
'~ " V .Y ~, . :-'-~ - / '"
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.............. INDICATES AIRPORT NO~S[:
INOICA~S C~RID~ M~A~T O~Y ~S~CT ~"~--~~m ~~~ ·
· (55o' ~F~T ~ R~ UNE) ·
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........ll~- ~..~o,,~ .~~ ~~ ~.~
,- j$ .... ' COLLIER COUNTY, FLORIDA
......... ~' "" ~ tJ~- I
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