Ordinance 2012-25 JU't_ ORDINANCE NO9PI2 -25
By
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER
04-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT
CODE, WHICH INCLUDES THE COMPREHENSIVE LANI o
REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIEFFrn
COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ON f;
RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREL "11
ADOPTION ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT COD ry ---
MORE SPECIFICALLY AMENDING THE FOLLOWING: CHAPTE,I .,'--t m TWO -ZONING DISTRICTS AND USES, INCLUDING SECTION 2.01.03,,E
ESSENTIAL SERVICES, TO ADD AVIATION USES AS A PERMITTEDcn ca
USE IN THE CONSERVATION ZONING DISTRICT ON LANDWV
ADJACENT TO THE MARCO ISLAND EXECUTIVern
AIRPORT; SECTION FOUR, CONFLICT AND SEVERABILITY;
SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND
DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATES.
Recitals
WHEREAS, on October 30, 1991, the Collier County Board of County Commissioners
adopted Ordinance No. 91-102, the Collier County Land Development Code (hereinafter LDC),
which was subsequently amended; and
WHEREAS, the Collier County Board of County Commissioners (Board) on June 22,
2004, adopted Ordinance No. 04-41, which repealed and superseded Ordinance No. 91-102, as
amended, the Collier County Land Development Code, which had an effective date of October
18, 2004; and
WHEREAS, the LDC may not be amended more than two times in each calendar year
unless additional amendment cycles are approved by the Collier County Board of
Commissioners pursuant to Section 10.02.09 A. of the LDC; and
WHEREAS, this amendment to the LDC is part of the first amendment cycle for the
calendar year 2012; and
WHEREAS, on March 18, 1997, the Board adopted Resolution 97-177 establishing local
requirements and procedures for amending the LDC; and
WHEREAS, all requirements of Resolution 97-177 have been met; and
WHEREAS, the Board of County Commissioners, in a manner prescribed by law, did
hold advertised public hearings on June 12, 2012 and June 26, 2012 and did take action
concerning these amendments to the LDC; and
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WHEREAS, the subject amendments to the LDC are hereby determined by this Board to
be consistent with and to implement the Collier County Growth Management Plan as required
by Subsections 163.3194 (1) and 163.3202 (1), Florida Statutes; and
WHEREAS, this ordinance is adopted in compliance with and pursuant to the
Community Planning Act (F.S. § 163.3161 et seq.), and F.S. § 125.01(1)(t) and (1)(w); and
WHEREAS, this ordinance is adopted pursuant to the constitutional and home rule
powers of Fla. Const. Art. VIII, § 1(g); and
WHEREAS, all applicable substantive and procedural requirements of the law have
otherwise been met.
NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of
Collier County, Florida, that:
SECTION ONE: RECITALS
The foregoing Recitals are true and correct and incorporated by reference herein as if
fully set forth.
SECTION TWO: FINDINGS OF FACT
The Board of Commissioners of Collier County, Florida, hereby makes the following
findings of fact:
1. Collier County, pursuant to § 163.3161, et seq., F.S., the Florida Community
Planning Act (herein after the "Act"), is required to prepare and adopt a comprehensive plan.
2. After adoption of the Comprehensive Plan, the Act and in particular §
163.3202(1). F.S., mandates that Collier County adopt land development regulations that are
consistent with and implement the adopted comprehensive plan.
3. Section 163.3201, F.S., provides that it is the intent of the Act that the adoption
and enforcement by Collier County of land development regulations for the total unincorporated
area shall be based on, be related to, and be a means of implementation for, the adopted
comprehensive plan.
4. Section 163.3194(1)(b), F.S., requires that all land development regulations
enacted or amended by Collier County be consistent with the adopted comprehensive plan, or
element or portion thereof, and any land regulations existing at the time of adoption which are
not consistent with the adopted comprehensive plan, or element or portion thereof, shall be
amended so as to be consistent.
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5. Section 163.3202(3), F.S., states that the Act shall be construed to encourage
the use of innovative land development regulations.
6. On January 10, 1989, Collier County adopted the Collier County Growth
Management Plan (hereinafter the "Growth Management Plan" or "GMP") as its comprehensive
plan pursuant to the requirements of§ 163.3161 et seq., F.S.
7. Section 163.3194(1)(a), F.S., mandates that after a comprehensive plan, or
element or portion thereof, has been adopted in conformity with the Act, all development
undertaken by, and all actions taken in regard to development orders by, governmental
agencies in regard to land covered by such comprehensive plan, or element or portion thereof
shall be consistent with such comprehensive plan or element or portion thereof.
8. Pursuant to § 163.3194(3)(a), F.S., a development order or land development
regulation shall be consistent with the comprehensive plan if the land uses, densities or
intensities in the comprehensive plan and if it meets all other criteria enumerated by the local
government.
9. Section 163.3194(3)(b), F.S., states that a development approved or undertaken
by a local government shall be consistent with the comprehensive plan if the land uses,
densities or intensities, capacity or size, timing, and other aspects of development are
compatible with, and further the objectives, policies, land uses, densities, or intensities in the
comprehensive plan and if it meets all other criteria enumerated by the local government.
10. On October 30, 1991, Collier County adopted the Collier County Land
Development Code, which became effective on November 13, 1991. The Land Development
Code adopted in Ordinance 91-102 was recodified and superseded by Ordinance 04-41.
11. Collier County finds that the Land Development Code is intended and necessary
to preserve and enhance the present advantages that exist in Collier County; to encourage the
most appropriate use of land, water and resources consistent with the public interest; to
overcome present handicaps; and to deal effectively with future problems that may result from
the use and development of land within the total unincorporated area of Collier County and it is
intended that this Land Development Code preserve, promote, protect and improve the public
health, safety, comfort, good order, appearance, convenience and general welfare of Collier
County; to prevent the overcrowding of land and avoid the undue concentration of population; to
facilitate the adequate and efficient provision of transportation, water, sewerage, schools,
parks, recreational facilities, housing and other requirements and services; to conserve,
develop, utilize and protect natural resources within the jurisdiction of Collier County; to protect
human, environmental, social and economic resources; and to maintain through orderly growth
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and development, the character and stability of present and future land uses and development
in Collier County.
12. It is the intent of the Board of County Commissioners of Collier County to
implement the Land Development Code in accordance with the provisions of the Collier County
Comprehensive Plan, Chapter 125, Fla. Stat., and Chapter 163, Fla. Stat., and through these
amendments to the Code.
SECTION THREE: AMENDMENTS TO SECTION 2.01.03 ESSENTIAL SERVICES OF THE
LAND DEVELOPMENT CODE
Section 2.01.03, Essential Services, of Ordinance 04-41, as amended, the Collier County Land
Development Code, is hereby amended to read as follows:
2.01.03 - Essential Services
Essential services are hereby defined as services designed and operated to provide
water, sewer, gas, telephone, electricity, cable television or communications to the general
public by providers which have been approved and authorized according to laws having
appropriate jurisdiction, and government facilities. Essential services are allowed in any zoning
district subject to the following conditions:
A. The following uses shall be deemed permitted uses in all zoning districts, except CON
districts, RFMU sending lands, NRPAS, HSAS, and FSAS:
1. Water lines and sewer lines;
2. Natural gas lines, except those associated with oil extraction and related
processing operations as defined in this Code and regulated under applicable
federal and state law;
3. Telephone lines, telephone switching stations, and cable television lines;
4. Communication towers, limited to those providing wireless emergency telephone
service, subject to all applicable provisions in section 5.05.09 of this Code;
5. Electrical transmission and distribution lines, substations, and emergency power
structures;
6. Sewage lift stations and water pumping stations;
7. Essential service wells (including extraction facilities and requisite ancillary
facilities);
8. Any other wells which have been or will be permitted by the South Florida Water
Management District or the Florida Department of Environmental Protection
either prior to or subsequent to the effective date of this ordinance, or if the
respective well and/or well related facility is otherwise required to be installed or
constructed by law. If any proposed well is a Collier County owned well under the
permitting jurisdiction of a Florida agency, staff, early in the County's well permit
application process, shall post sign(s) at the County's proposed well site(s) and
shall provide written notice that the County has applied for a required well permit
to property owners within 300 feet of the property lines of the lots or parcels of
land on which the applied-for well is being sought by the County, including, if
applicable, the times and places of the permitting agency's scheduled public
hearings; and
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9. Conservation Collier lands which provide for permitted nondestructive, passive
natural resource based recreational and educational activities, exclusive of major
improvements. Permitted minor improvements shall be limited to one (1) ground
sign, not to exceed eight (8) feet in height with a maximum sign area of thirty-
two (32) square feet; a parking area, not to exceed twenty (20) parking spaces;
hiking trails; a fully accessible trail or trail section; educational kiosks not to
exceed one hundred (100) square feet; and public restroom facilities not to
exceed five hundred (500) square feet. The provisions for Conservation Collier
lands in this Code do not affect the underlying zoning districts or land use
designations in any district where Conservation Collier lands are established.
Such that no expansion or diminution of the various zoning district permitted uses
is intended or implied by these provisions, except as stated above with respect to
minor improvements. Oil and gas exploration as defined and regulated in this
Code remains a permitted use on or beneath Conservation Collier lands
established in any zoning district providing for oil and gas exploration as a
permitted use pursuant to subsection 2.03.09 B.1.a.viii.
B. Permitted Essential services 4N hi CON districts, RFMU sending lands, NRPAs,
HSAs, and FSAs.
1. Within CON districts, Sending Lands in the RFMU district, NRPAs, and within
designated Habitat Stewardship Areas (HSA) and Flow way Stewardship Areas
(FSA) within the RLSA overlay district subject to the limitations set forth in
section 4.08.08 C., the following essential services are permitted:
a. Private wells and septic tanks;
b. Utility lines, except sewer lines;
c. Sewer lines and lift stations, only if located within already cleared portions
of existing rights-of-way or easements, and necessary to serve a
publicly owned or privately owned central sewer system providing service
to urban areas; or the Rural Transition Water and Sewer District, as
delineated on the Urban-Rural Fringe Transition Zone Overlay Map in the
Future Land Use Element of the GMP; and,
d. Water pumping stations necessary to serve a publicly owned or privately
owned central water system providing service to urban areas; or the Rural
Transition Water and Sewer District, as delineated on the Urban-Rural
Fringe Transition Zone Overlay Map in the Future Land Use Element of
the GMP.
e. Conservation Collier lands which provide for permitted nondestructive,
passive natural resource based recreational and educational activities,
exclusive of major improvements. Permitted minor improvements shall be
limited to one (1) ground sign, not to exceed eight (8) feet in height with
a maximum sign area of thirty-two (32) square feet; a parking area, not to
exceed twenty (20) parking spaces; hiking trails; a fully accessible trail or
trail section; educational kiosks not to exceed one hundred (100) square
feet; and public,restroom facilities not to exceed five hundred (500)
square feet. The provisions for Conservation Collier lands in this Code
do not affect the underlying zoning districts or land use designations in
any district where Conservation Collier lands are established, such that
no expansion or diminution of the various zoning district permitted uses is
intended or implied by these provisions, except as stated above for minor
improvements. Oil and gas exploration as defined and regulated in this
Code remains a permitted use on or beneath Conservation Collier
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lands established in the CON zoning district providing for oil and gas
exploration as a permitted use subject to subsection 2.03.09 B.1.a.viii.
f. Aviation related uses as approved in the September 11, 2001
Memorandum of Understanding between Collier County Airport Authority
and the Intervenor Signatories to the Deltona Settlement Agreement (July
20, 1982), including The Conservancy of Southwest Florida, The National
Audubon Society, The Florida Audubon Society, The Environmental
Defense Fund, lzaak Walton League, Florida Division, The Florida
Department of Environmental Protection, The South Florida Water
Management District, The Florida Department of Community Affairs, The
Deltona Corporation, and Collier County.
* * * * * * * * * * * *
SECTION FOUR: CONFLICT AND SEVERABILITY
In the event this Ordinance conflicts with any other Ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and such holding Section not affect the validity of
the remaining portion.
SECTION FIVE: INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT
CODE
The provisions of this Ordinance shall become and be made a part of the Land
Development Code of Collier County, Florida. The sections of the Ordinance may be
renumbered or re-lettered to accomplish such, and the word "ordinance" may be changed to
"section," "article," or any other appropriate word.
SECTION SIX: EFFECTIVE DATE
This Ordinance shall become effective upon filing with the Florida Department of State,
Tallahassee, Florida.
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PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this 2(o'cday of June, 2012.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E , CLERK OF COLLIER COUNTY, FLORIDA
yty Clerk FRED W. COYLE, Chair n
egeektref 111.6.V
Approved`a(s to forrti'and
legal sufficiency:
UC I A-Cio
N(\i''M 3'
Heidi Ashton-Cicko, Esquire 0
Managing Assistant County Attorney
11-COA-01412\28
This ordinance filed with the
Secretary of 5t te`s Office the
day of 2-of
and acknowledgement to hot
filirKeived his - oy
of g..12*.a.
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STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of :
ORDINANCE 2012-25
which was adopted by the Board of County Commissioners
on the 26th day of June, 2012 , during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 27th
day of June, 2012 .
DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex-officio to Board of F1x5 , ,
County Commissioners �.
•
B : Teresa Cannon, �
Deputy Clerk