Ordinance 2001-034 ORDINANCE NO. 01- 34
AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102,
AS AMENDED, THE COLLIER COUNTY LAND
DEVELOPMENT CODE, WHICH INCLUDES THE
COMPREHENSIVE ZONING REGULATIONS FOR THE
UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA,
BY PROVIDING FOR: SECTION ONE, RECITALS: SECTION
TWO, FINDINGS OF FACT: SECTION THREE, ADOPTION OF
AMENDMENTS TO THE LAND DEVELOPMENT CODE,
MORE SPECIFICALLY AMENDING THE FOLLOWING:
ARTICLE 1, GENERAL PROVISIONS, DIVISION 1.8.
NONCONFORMITIES; DIVISION 1.19. AMENDMENTS TO
THIS CODE; ARTICLE 2, ZONING, DIVISION 2.2. ZONING
DISTRICTS, PERMITTED USES, CONDITIONAL USES,
DIMENSIONAL STANDARDS, DIVISION 2.3. OFF-STREET
PARKING AND LOADING; DIVISISON 2.4 LANDSCAPING
AND BUFFERING, DIVISION 2.5. SIGNS; DIVISION 2.6.
SUPPLEMENTAL DISTRICT REGULATIONS; DIVISION 2.7.
ZONING ADMINISTRATION AND PROCEDURES; DIVISION
2.8. ARCHITECTURAL AND SITE DESIGN STANDARDS AND
GUIDELINES FOR C~)MMERCIAL BUILDINGS AND
PROJECTS; ARTICLE 3, DIVISION 3.2. SUBDIVISIONS;
DIVISION 3.3. SITE DEVELOPMENT PLANS; DIVISION 3.5
EXCAVATION; DIVISION 3.8 ENVIRONMENTAL IMPACT
STATEMENTS (ELS); DIVISION 3.9 VEGETATION REMOVAL,
PROTECTION AND PRESERVATION; DIVISION 3.13.
COASTAL CONSTRUCTION SETBACK LINE VARIANCE;
DIVISION 3.14. VEHICLE ON THE BEACH REGULATIONS;
ARTICLE 5, DIVISION 5.1 BOARD OF COUNTY
COMMISSIONERS; DIVISION 5.2 PLANNING COMMISSION;
DIVISION 5.3 BOARD OF ZONING APPEALS; AND TO ADD
DIVISION 5.5 HEARING EXAMINER; DIVISION 5.13
ENVIRONMENTAL ADVISORY COUNCIL; ARTICLE 6,
DIVISION 6.3. DEFINITIONS, INCI.UDING, BUT" NOT ~>~
LIMITED TO THE DEFINITIONS OF DESTINATION RESORT r-'~
HOTELS, PARTICIPANT, PSI (POUNDS PER SQUARE INCH),
RIGHT-OF-WAY, STRUCTURE, UNAUTHORIZED ~,~ txo "'"
COMMUNICATION AND YARDS; ADDING APPENDIX G
STANDARD BEACH EVENT PERMIT CONDITIONS; SECTION
FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE,
INCLUSION IN THE COLLIER COUNTY LAND :~'
DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE ~rn --~
DATES.
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 has been
subsequently amended; and
WHEREAS, the LDC may not be amended more than two times in each calendar year pursuant to
Section 1.19.1., LDC; and
WHEREAS, this is the first amendment to the LDC, Ordinance 91-102, for the calendar year 2001;
and
WHEREAS, on March 18, 1997, the Board of County Commissioners 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
Words "' .....~' '~ ....... ~
............ s,, are deleted, words underlined are added.
1
WHEREAS, the Board of County Commissioners, in a manner prescribed by law, did hold
advertised public hearings on June 6, 2001 and June 20, 2001, and did take action concerning these amendments
to the LDC; and
WHEREAS, the subject amendments to the LDC are hereby determined by this Board to be
consistent with and to implement the Collier County Growth Management Plan as required by Subsections
163.3 i 94 ( 1 ) and 163.3202 ( 1 ), Florida Statutes; and
WHEREAS, all applicable substantive and procedural requirements of the law have 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 County Commissioners of Collier County, Florida, hereby makes the following
findings of fact:
1. Collier County, pursuant to Sec. 163.3161, et seq., Fla. Stat., the Florida Local Government
Comprehensive Planning and Land Development Regulations 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 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 to the requirements
of Sec. 1634.3161 etseq. Fla. Stat., and Rule 9J-5, F.A.C.
7. Sec. 163.3194(1)(a), Fla. Stat., mandates that after a Comprehensive Plan, or element or
portion thereof, has been adopted in conformity with the Act, all development undertaken by, and all actions
taken in regard to development orders by, governmental agencies in regard to land covered by such
Comprehensive Plan or element or portion thereof shall be consistent with such Comprehensive Plan or element
or portion thereof.
8. Pursuant to Sec. 163.3194(3)(a), Fla. Stat., 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). 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,
Words struck t~rc, ug~ are deleted, words underlined are added.
2
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 and may be amended twice annually.
11. Collier County finds that the Land Development Code is intended and necessary to preserve
and enhance the present advantages that exist in Collier County; encourage the most appropriate use of land,
water and resources, consistent with the public interest; overcome present handicaps; and deal effectively with
future problems that may result from the use and development of land within the total unincorporated are 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 well'are of Collier County;
prevent thc overcrowding of land and avoid the 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 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.
12. It is the intent of the Board. of County Commissioners of Collier County to implement the
Land Development Code in accordance with the provisions of the Collier County Comprehensive Plan, Chapter
125, Fla. Stat., and Chapter 163, Fla. Stat., and through these amendments to the Code.
SECTION THREE: ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE
SUBSECTION 3.A. AMENDMENTS TO AMENDMENTS TO THIS CODE DIVISION
Division i.19., Amendments to this Code, of Ordinance 91-102, as amended, is hereby ttmended to
read as follows:
DIVISION 1.19.
AMENDMENTS TO THIS CODE
Sec. 1.19.1. Timing.
Amendments to this code may be made not more often than two times during any
catcndar year as scheduled by the county manager, except:
1.19.1.3.
...................... 6 .... ;,_Aamendments to this code may be made more often than
twice during the calendar year if the Collier County Board of County Commissioners,
by at least a super-majority vote, directs that additional amendments be made for
SUBSECTION 3.B.
AMENDMENTS TO ZONING DISTRICTS, PERMITTED
CONDITIONAL USES, DIMENSIONAL STANDARD DIVISION
USES,
Division 2.2., Zoning Districts, Permitted Uses, Conditional Uses, Dimensional Standards, of
Ordinance 91-102, as amended, the Collier County Land Development Code, is hereby amended to read as
follows:
DIVISION 2.2. ZONING DISTRICTS, PERMITTED
DIMENSIONAL STANDARDS
USES, CONDITIONAL USES,
Sec. 2.2.2. Rural agricultural district (A).
Words :;truck thrt3ugh are deleted, words underlined are added.
3
2.2.2.2.1. Pertnitted uses
Agricultural activities, including, but not limited to: crop raising;
horticulture; fruit and nut production; forestry; groves; nurseries; ranching;
beekeeping; poultry and egg production; milk production; livestock raising,
and aquaculture for native species subject to the State of Florida Game and
Freshwater Fish Commission permits. The following permitted uses shall
only be allowed on parcels 20 acres in size or greater: dairying; ranching;
poultry and egg production; milk production; livestock raising; and animal
breeding, raising, training, stabling or kenneling. This is not to preclude an
individual property owner from the keeping of fowl or poultry, not to exceed
25 in total number, and the keeping of horses and livestock (except for hogs)
not to exceed two such animals for each acre, and with not open feedlots, for
personal use and not in association with commercial agricultural activity on
parcels less than 20 acres in size.
Owning, maintaining or operating any facility or part thereof for
the following purposes is prohibited:
1. Fighting or baiting any animal by the owner of such facility
or any other person or entity.
2. Raising any animal or animals intended to be ultimately
used or used for fighting or baiting purposes.
For purposes of this subsection, the term baiting is defined
as set forth in section 828.122 (2)(a), Florida Statutes, as it
may be amended from time to time.
Sec. 2.2.3.
2.2.3.2.2.
Estates district (E).
Uses accessory to permitted uses.
Keeping of fowl or poultry, not to exceed 25 in total number, provided
such fowl or poultry are kept in an enclosure located a minimum of 30 feet
from any lot line, and a minimum of 100 feet from any residence on an
adjacent parcel of land.
ao
Owning, maintaining or operating any facility or part thereof for
the following purposes is prohibited:
o
Fighting or baiting any animal by the owner of such facility
or any other person or entity.
Raising any animal or animals intended to be ultimately
used or used for fighting or baiting purposes.
For purposes of this subsection, the term baiting is defined
as set forth in section 828.122 (2)(a), Florida Statutes, as it
may be amended from time to time.
Excavation and related processing and production subject to the following
criteria:
Words struck tkmug~ are deleted, words underlined are added.
4
a. These activities are incidental to the permitted used on site.
The amount of excavated material to be removed from the site cannot
exceed 4,000 cubic yards total. Amounts in excess of 4,000 cubic
yards shall require conditional use approval for earth mining, pursuant
to the procedures and conditions set forlh in section 2.7.4. and 2.2.3.3
of Iht code
Sec. 2.2.3.3.
Conditional uses. The following uses are permissible as conditional uses in the
estates district (E), subject to the standards and procedures established in division
2.7.4:
Extraction or earthmining, and related processing and production not
incidental to the development of the property subject to the following
criterion.
a. The site must be ~20 acres in size.
Sec. 2.2.8.
Residential Tourist District (RT).
Maximum density permitted. A maximum of 26 units per acre for hotels and motels,
and 16 units per acre for timeshares and multifamily uses 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 through application of the density rating system established in the
Collier County growth management plan, but shall not exceed 16 units per acre. Any
project which received approval at a public hearing prior to Jul',/ 1, 2000 shall not be
deemed to be non-conforming as a result of inconsistency with density limitations.
2.2.8.4.7.
Floor area requirements.
2.2.8.4.7.2.1.
2.2.8.4.8.
'mn ....... c .... :-: .....c^~ ~.~,~ ~,,~ ~..~.,~,~ (300)
.... ,~ ............................................. Three hundred square 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.
Sec. 2.2.12. Commercial professional district (C-l) and commercial professional
transitional district (C-l/T).
Sec. 2.2.12.2. l Permitted Uses
2.
3.
4.
Accounting, auditing and bookkeeping services (8721).
Automobile parking (7521).
Barber shops (7241 ).
Beauty shops (7231).
Words struck through are deleted, words underlined are added.
5
o
Business services (groups 7311, 7313, 7322--7331, 7338, 7361,7371,
7372, 7374--7376, 7379).
6. Child day care services (8351).
7. Churches and other places of worship
:78.
Group care facilities (category I and II, except for homeless shelters); cam
units, except for homeless shelters; nursing homes; assisted living
facilities pursuant to § 400.402 F.S. and ch. 58A-5 F.A.C.; and continuing
care retirement communities pursuant to § 651 F.S. and ch. 4-193 F.A.C.;
all subject to section 2.6.26.
89.
Offices for engineering, architectural, and surveying services (groups 0781,
8711--8713).
91_9_0. Health services (8011--8049).
Individual and family social services (8322 activity centers, elderly or
handicapped; adult day care centers; and day care centers, adult and
handicapped only). ~
4-412. Insurance carriers, agents and brokers (groups 6311--6399, 6411).
4-:g1__}3. Legal services (8111).
4-314. Management and public relations services (groups 8741--8743, 8748).
4415. Miscellaneous personal services (7291).
4-516. Museums and art galleries (8412).
4617. Nondepository credit institutions (groups 6141--6163).
-t-71.__~8. Photographic studios (7221).
4-819. Physical fitness facilities (7991).
4-92__Q0. Real estate (groups 6531--6541).
gO21. Shoe repair shops and shoeshine parlors (7251).
g-1-22. Any other commercial use or professional services which is comparable in
nature with the foregoing uses including those that exclusively serve the
administrative as opposed to the operational functions of a business, and
are purely associated with activities conducted in an office.
2.2.15.3
Conditional uses for C-4. The following uses are permitted as conditional uses in
the general commercial district (C-4), subject to the standards and procedures
established in division 2.7.4.
18.
Motor Freight transportation and warehousing ( 4225 air conditioned and
mini-and self storage warehousing only).
Words 'struclz through are deleted, words underlined are added.
6
Sec. 2.2.16 ½. Business park PUD district (BP).
2.2.16 V2.2.
Permitted uses. The following uses, as identified within the latest edition of the
Standard Industrial Classification Manual, or as otherwise provided for within
this section, are permitted as a of right, or as uses accessory to permitted primary
and secondary uses in the business park·mu,..,rr~ district or as uses ........... ,~
2.2.16 V2.2.1.
Permitted Prbnary Uses - 100% One-hundred percent of the total business park
PUD district acreage is allowed to be developed with the following uses:
24.
Motor fright transportation and warehousing (4225 mini- and self-storage
warehousing only and subject to the following criteria:
The use of m~tal roll-up garage doors located on the exterior of the
perimeter buildings and walls of buildings which are visible from a
public right-of-way is prohibited; and
Access to individual units whether direct or indirect must be from
24 _5.
25 6.
26 7.
278.
28 9.
-2-9 30.
30 1.
3-1- 2.
3~3.
3:3 4.
35.
the side of a building that is oriented internally; and
No building shall exceed 100 feet in length when adjacent to a
residential zoning district; and
No outdoor storage of any kind is permitted: and
Storage units shall be utilized for storage purposes only,
Paper and allied products (groups 2621-2679)
Plastic materials and synthetics (groups 2821, 2834)
Printing, publishing and allied industries (groups 2711-2796)
Professional offices; insurance agencies, (group 6411); insurance carriers
(groups 6311-6399); real estate (groups 6531, 6541, 6552, 6553); holding
and other investment offices (groups 6712-6799); attorneys (group 8111)
Rubber and miscellaneous plastic products (groups 3021, 3052, 3053)
Security/commodity brokers (group 6211)
Transportation equipment (groups 3714, 3716, 3731, 3732, 3751, 3792,
3799)
United States Postal Service (group 4311)
Wholesale trade durable goods (groups 5021, 5031, 5043-5049, 5063-
5078, 5091~ 5092, 5094-5099)
Wholesale trade nondurable goods (groups 5111 - 5159, 5181, 5182, 5191
except that wholesale distribution of chemicals, fertilizers, insecticides,
and pesticides shall be a minimum of 500 feet from a residential zoning
district, 5192-5199)
Any other use which is comparable in nature with the forgoing uses and is
otherwise clearly consistent with the intent and purpose statement of the
district.
Words "' ..... v ~h ....... I~
.............. s,, are deleted, words underlined are added.
7
2.2.16 I/2.2.2.
Permitted secondary uses accessory to the business park PUD district. -
Development is limited to a maximum of 30 % of the total acreage of the business
park district for the lbllowing uses:
Business services (groups 7312, 7313, 7319, 7331, 7334-7336, 7342,
7349, 7352, 7361, 7363, 7371-7384, 7389)
2. Child day care services (group 8351)
Depository and non-depository institutions (groups 6021-6062, 6091,
6099, 6111-6163)
Drug stores (group 5912, limited to drug stores and pharmacies) in
conjunction with health services groups and medical
laboratories/research/rehabilitative groups.
o
Hotels (group 7011 hotels only). Maximum density 26 units per acre when
located within activity centers and 16 units per acre when located outside
activity centers. The maximum floor area ratio for hotels shall not exceed
a factor of 0.60.
Membership organizations (group 8611); business associations (group
8621); professional organizations (group 8631); labor unions and similar
labor organizations= )
7. Personal services (groups 7215 - 7231,7241)
8. Physical fitness facilities and bowling centers (groups 7991, 7933)
9. Professional offices; travel agencies (group 4724)
Sec. 2.2.20. Planned unit development district (PUD).
2.2.20.3.7.
Dedication of the public facilities and development of prescribed amenities.
Public Facility Dedication. The board of county commissioners may, as a
condition of approval and adoption of a the PUD rezoning and in accordance with
the approved master plan of development, require that suitable areas for streets,
public rights-of-way, schools, parks, and other public facilities be set aside,
improved, and/or dedicated for public use. Where impact fees are levied for one
or more required c-evta~ public facilities, the market value of the land set aside for
the public purpose may shal! be credited towards such impact fees to the extent
authorized by the County's Consolidated Impact Fee Ordinance. Said credit shall
be based on a negotiated amount no greater than the market value of the set aside
land prior to the rezoning action, as determined by an accredited appraiser from a
list approved by Collier County. Said appraisal shall be submitted to the county
attorney's office and the real property office within 90 days of the date of
approval of the rezone, or as otherwise extended in writing by C,vllier the gcounty
manager, so as to establish the amount of any impact fee credits resulting from
said dedication. Failure to provide said appraisal within this time frame shall
automatically authorize the county to determine the market value of the set aside
property, hnpact fee credits shall only be effective after recordation of the
document conveying the dedicated property to Collier County. Where the term
Collier County is used in this section, it shall be construed to include the Collier
County Water and Sewer District or other agency or dependent district of Collier
County Government.
Land set aside and/or to be improved as committed in the PUD document, or
master plan, as the case may be, shall be deeded or dedicated to Collier County
Words 'sir'ack thraugh are deleted, words underlined are added.
8
within 90 days of receipt of notification by the county that the property is needed
for certain pending public improvements or as otherwise approved by the board of
county commissioners during the PUD rezoning approval process. In any case,
however, the county shall take title to the set aside property, at the latest, by a date
certain established during, and conditioned on, the approval of the PUD zoning.
At no cost to the County, :l:the land set aside and/or to be improved shall be made
free and clear of all liens, encumbrances and improvements, ~* t~,~ .4 .... ~ .... ,~
~~, except as otherwise approved by the board. Failure to convey the
deed or complete the dedication within the appropriate time fi'ame noted above
may result in a recommendation to the board of consideration of rezoning the
subject parcel from its current PUD zoning district to an appropriate zoning
district and may result in a violation of this Code pursuant to subsection 1.9.2.
Should said dedication of land also include agreed upon improvements, said
improvements shall be completed and accepted by the Collier County Board of
Commissioners at the development phase which has infrastructure improvements
available to the parcel of land upon which said improvements are to be made, or
at a specified time provided for within the PUD document.
Sec. 2.2.28.
2.2.28.6.
Immokalee Overlay Districts.
Agribusiness Overlay Subdistrict: Special conditions for the properties identified
on Map 5; and further identified by the designation "AOSD" on the applicable
official Collier County Zoning Atlas Maps.
Words struck through are deleted, words underlined are added.
9
AGRIBUSINESS OVERLAY SUB-DISTRICT (AOSD)
/
/
N
INDICATES AGRIBUSINESS OVERLAY SUB-DISTRICT ,l~ ~ I I
AGRIBUSINESS OVERLAY SUB-DISTRICT (AOSD)
Map 5 (Delete this Map)
Words stru,ck tl:rtrdgh arc deleted, words underlined arc added.
10
AGRIBUSINESS OVERLAY SUB-DISTRICT (AOSD)
.4
N
INDICATES AGRIBUSINESS OVERLAY SUB-DIStRICT ~F~ i
I
AGRIBUSINESS OVERt_AY SUB-DISTRICT (AOSD)
I Map
5 (Replace with this Map)
Words gtru'cl~ tl:ro'..'gh are deleted, words underlined are added.
I1
2.2.28.8.
Main Street Overlay Subdistrict.
2.2.28.8.3.
2.2.28.8.4.
2.2.28.8.5.
Permitted uses. For all properties within the Main Street Overlay Subdistrict,
except for properties hatched as indicated on Map 7, the Main Street Overlay
subdistrict, all perlnitted uses within the uses within the underlying zoning
districts contained within this subdistrict, and the following uses may be permitted
as of right in this subdistrict:
Hotel and Motels (group 7011).
Communication towers, as defined in section 2.6.35. of this code subject
to the following:
such tower is an essential service use as defined by subsection
2.6.9.1. of this code; and
such tower may not exceed a height of 75 feet above grade
including any antennas attached thereto.
Permitted uses. For hatched properties within the Main Street Overlay subdistrict,
all permitted uses within the underlying zoning districts contained within this
subdistrict, and the following uses are permitted as of right in this subdistrict:
All uses allowed in the Commercial Professional district (C-l), of this
code, except for group (7521).
Communication towers, as defined in section 2.6.35. of this code subject
to the following:
b. such tower is an essential service use as defined by subsection
2.6.9.1. of this code; and
c. such tower may not exceed a height of 75 feet above grade
including any antennas attached thereto.
Prohibited rises. All uses prohibited within the underlying residential and
commercial zoning districts contained within this subdistrict, .and the following
uses, shall be prohibited in the Main Street Overlay subdistrict:'
10.
Communication towers, as defined in section 2.6.35 of this code,
except as otherwise permitted in this subdistrict, are-p~hibited
*~,,,~,- ..... ~ .... ~;~-~,q ,,,,~ ,,~ *~ ,, l~.;~l~ ,~C "7< £~t ,~1-,~,,~
2.2.28.8.6.
Accessory uses.
Uses and structures that are accessory and incidental to the permitted uses
as of right in the underlying zoning districts contained within this
subdistrict and are not otherwise prohibited by this subdistrict.
Communication towers, as defined in section 2.6.35 of this code subject to
the following:
a. such tower is accessory to an essential service use as defined by
subsection 2.6.9.1. of this code; and
b. such tower may not exceed a height of 75 feet above grade
including any antennas attached thereto.
2.2.28.8.7. Conditional uses.
Words "' ..... T, .~. ...... ~.
............. ~. are deleted, words underlined are added.
12
Conditional uses of the underlying zoning districts contained within this
subdistrict, subject to the standards and procedures established in section
2.7.4 and as set forth below:
A. Local and suburban passenger transportation (groups 4131, 4173)
located upon commercially zoned properties within the Main Street
Overlay subdistrict.
13. Communication towers, as defined in section 2.6.35. of this code
for essential service uses as defined by subsection 2.6.9.1 of this
code that exceed a height of 75 feet above grade including any
antennas attached thereto.
Section 2.2.33.
Bayshore Drive Mixed Use Overlay District.
Words :;tr'a'ck ll~rough arc deleted, words underlined are added.
13
BAYSHORE DRIVE
MIXED USE OVERLAY DISTRICT
CON~O
PREPARED BY: GRAPHICS AND FECHNICAL SUPPORT S[CIION
COMMUNITY DEV£LDPMENT AND ENVIRONMENTAL SERVICES DIVISION
DATE: 3-2001 FILE: BAYSHO12-§XI1A2.D~C PLOT-AUTOFILLPAL
LEOEND
Bayshore Drive-BMUD Map 1
(Replace with this map)
Words :;truck through are deleted, words underlined are added.
14
BAYSHORE DRIVE
MIXED USE OVERLAY DISTRICT
CR,CKET LAKE
APTS.
CONO0
SE~*NOLE AVENUE
BY GRAPHICS ANO T[CHN4CAL SUPPORT SECTION
DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION
12-2000 FILE: BAYSH012- 8XI 1A.DWG PLOT- AUTOFILL ,PAL
LUNAR STREET
LEGEND
2.2.33.11
2.2.33.11.1
(Delete this map)
Dimensional standards.
Minimum yard requirements.
To allow the maximum use of the waterfront, building placement on a lot
can vary from the required setbacks, provided such variation is
Words :;truck through are deleted, words underlined are added.
15
2.2.33.11.4
recommended by the CRA staff and the county architect and approved by
the planning services department director.
Maximum height of structures.
The first floor of the building at the sidewalk' level shall be no less than 12
feet and no more than 18 feet in height from the finished floor to the
finished ceiling and shall be ......:~-~
.... ~,,,~,~ limited to.by-commercial uses only.
2.2.33.12
2.2.33.13
2.2.33.13.1.
Parking standards.
The off-site parking requirements of section 2.3.4.11 of the LDC code
shall annl v_.
Vehicular egress points may be located on local streets opposite residential
homes provided they are within the Bayshore Mixed Use Overlay District.
10.
Shared parking requirements shall be consistent with those provided in
subsection 2.3.5 2.3.4.11.2.c of the code except that the planning services
department director can approve or deny requests instead of the board of
zoning appeals or planning commission. ~.a .._a~. c~.:,,. ,~ -~ ~ -~ ~
sShared parking spaces canmay be separated by Bayshore Drive provided
the two properties are located within the BMUD.
Landscaping. As required by division 2.4 of this Code unless specified otherwise
below:
Special buffer requirements for development areas contigutTi~s to residentially
:onedproperO,. A 15-foot wide landscape buffer area shall be required. This area
shall include a six (6) foot high wall, fence or bertn, or combination thereof, a row
of trees spaced no more than 25 feet on center, and a single row of shrubs at least
24 inches in height at the time of planting. Landscaping shall be on the residential
side of the wall.
2.2.33.14.
Special provisions.
2.2.33.15.
All dumpsters must be located in the rear yard and not visible from
Bayshore Drive.
Architectural standards.
All buildings shall meet the requirements set forth in division 2.8 unless
otherwise specified below+.
All buildings adjacent to Bayshore Drive will have the principal pedestrian
entrance fronting Bayshore Drive.
Thirty-five percent of the building faqade that faces Bayshore Drive will
be clear glass.
Clear glass windows between the height of three and eight feet above
sidewalk grade are required on the primary fa~iade of the first floor of any
building.
Words struck tSrc~agL are deleted, words underlined are added.
16
Attached building awnings may encroach over the setback line by a
maximum of five feet.
Neon colors shall not be used as accent colors.
2.2.33.17.
2.2.33.18.
Waterfront subdistrict. The purpose of this subdistrict is to allow maximum use of
the waterfront for entertainment while enhancing the area for use by the general
public. Development standards for the district are the same as those set forth for
the Neighborhood Commercial subdistrict, unless set forth below. Development
in this subdistrict is encouraged to be a mix of restaurant and retail uses while
allowing for limited marina uses.
Permitted uses:
2.2.33.20.
All uses permitted within the Neighborhood Commercial subdistrict are
permitted.
Marinas. (group 4493, except all repair and storage of boats must be
conducted in an covered area or area internal to the site.) Boats available
for rental purposes shall be located in the water or properly screened from
the roadways ~xT .... ,,,;`4~ a;~, .... ~,^,,~,, ~, ...... , ...... ~ o~,,,~ ~,~ ,,;~;s,~..
Special conditions for marinas:
,4
Ail r_Repair and storage areas shall not be visible fi'om the local street.
Boats available for rental purposes shall be located in the water or
properly screened fi'om the local roadways and not visible from Bayshore
Drive.
All boat racks shall be enclosed.
Height of structures may be increased to a maximum height of 50 feet by
the board of zoning appeals (BZA) upon approval of a variance petition.
The BZA, in addition to the findings in section 2.7.5, shall consider
whether or not the ~'~' ....
.......... e,- Will a literal interpretation of the provisions
of this ~code imposes a financial hardship on the applicant.
Outdoor displays of new boats for sale on properties fronting Bayshore
Drive shall be limited to the following:
1. All areas used for new boat sales activities shall occupy no more
than 35 percent of the linear frontage of the property.
2_:. All boat sale activities are limited to new boat sales.
3~ All new boat sale areas shall not be closer to the frontage line than
the primary building they serve unless it is otherwise
recommended by the CRA staff and administratively approved by
the planning services department director.
4__:. All new boats located within an outdoor sale area shall not exceed
the height of 17 feet above existing grade.
5.__:. Outdoor sales areas shall be connected to the parking area and
primary structure by a pedestrian walkway.
6_.:. An additional landscape buffer is required around the perimeter of
the outdoor boat sales area. This buffer must include, at a
minimum 14 foot high trees, spaced at 30 feet on center and a 3
foot high double row hedge spaced at 3 feet on center at the time of
planting.
Outdoor displays of boats on properties fronting Haldeman Creek shall be
limited to the following:
1__.:. All areas used for boat sales shall utilize no more than 50 percent
of the linear frontage of the property.
Words struck through are deleted, words underlined are added.
17
2.2.33.22.9.
All boat sale areas shall be no closer to the frontage line than the
primary building they serve unless it is otherwise recommended by
the CRA staff and approved by the planning services department
director.
All boats located within outdoor sales areas shall not exceed a
height of 35 feet above the existing grade. Sailboat masts are
exempt from this limitation.
Outdoor sales areas shall be connected to the parking area and
primary structure by a pedestrian walkway,
An additional landscape buffer is required around the perimeter of
the outdoor sales area. This buffer must include, at a minimum 14
foot high trees, spaced at 30 feet on center and a 3 foot high double
row hedge spaced at 3 feet on center at the time of planting.
Building placement and design. Buildings and their elements shall adhere to the
following: (See BMUD figure -34):
2.2.33.22.13.
Accessory units. An accessory unit is a separate structure located at the rear of the
property and related to the primary residence for uses which include, but are not
limited to: t=!ibrary, studio, workshop, playroom, or guest quarters. Ownership of
an accessory unit may. shall not be transferred independently of the primary
residence.
The following regulations regarding accessory units apply:
Only one accessory unit is permitted per principal primar:,
structure.
The maximum area of an accessory unit is 550 square feet, limited to one
habitable floor.
The accessory unit may be above ,or on ,,~,,,,..,,,.,,.";n~ or' a garage,,,,,~"'-'4__,,,~,,' may be
connected to the primary residence by an enclosed breezeway or corridor
not to exceed eight feet in width.
2.2.33.22.15.
Fencing standards.
Fencing forward of the primary facade of the structure is permitted subject to the
following conditions:
1. The fence does not exceed four feet in height.
2. The fence is not opaque but provides an open view.
3. Chain link fence is prohibited.
4. The fence material shall be wood, vinyl, or iron.
5. A masonry wall is permitted and shall not exceed three feet in height.
6. Fencing and walls must architecturally complement the primary structure
as determined by the CRA staff and the planning services department
director.
BMUD figure 3 - Examples of typical fencing permitted.
Words o, .... ~..~. ...... h
............. ~. are deleted, words underlined are added.
18
'2.2.33.24.
Residential Neighborhood Commercial subdistrict (RNC). The purpose and intent
of this subdistrict is to allow limited home occupational businesses. Home
occupations requirements set forth ~in section 2.6.20 of the code, shall
apply unless specified otherwise below. Development standards for the subdistrict
are the same as those set forth for the residential subdistrict 2, unless otherwise set
forth below.
2.2.33.24.1.
2.2.33.24.2.
The home occupations permitted include: Accounting (8721), auditing and
bookkeeping services (8721), barber shops and beauty salons (7231 except beauty
culture schools, cosmetology schools, or barber colleges), engineer or
architectural services (8713,8712,8711), insurance agents and brokers {6411),
legal services (8111), and real estate agents (6531 except manufactured home
brokers, on site; housing authorities, operating).
The home occupation shall be clearly incidental to and secondary to the use of the
dwelling for residential ~purposes and shall not change the character of
the dwelling unit. The following conditions shall be met:
1_. There shall be a minimum of one residential dwelling unit.
The resident of the home shall be the owner and operator of the home
occupationbusitaess.,
The home occupation-busitaess shall not occupy more than 30 percent of
the primary residential structure.
The home occupation
........ s shall not employee more than two
ply gi ti r~..~,.; ....... ; ...... , ....... ~.~ ~t t~.,~ ....
em o eesatany ven me. ·
One wall sign shall be permitted provided it does not exceed 6 square feet
in area, and shall not project more than 4 feet from the building on which
the sign is attached.
A total of 2 parking spaces shall be provided for clients or customers.
Two additional parking spaces shall be provided for employees, if any.
The required parking area or areas shall not be located in the front yard of
the residence.
Parking areas shall consist of a dust free surface such as; mulch, shell, or
asphalt. A single row hedge at least 24 inches in height at the time of
planting shall be required around all parking areas.
8_:. There shall be no additional driveway to serve such home occupation.
._2%
There shall not be outdoor storage of materials or equipment used or
associated with the home occupation.
Words 'str'..'ck through are deleted, words underlined are added.
19
BMUD Figure 3~_-Typical front elevation for residential development.
(Figures "' .... ~ *~' ..... ~,
............. e,- are deleted, figures underlined are added)
Words ....... t~r'.~'agh arc deleted, words underlined are added.
2O
Sec. 2.2.34. Goodland Zoning Overlay (GZO) District.
2.2.34.4.3
2.2.34.4.4
2.2.34.5.
2.2.34.5.1.
Minimum lot requirements. As provided for in the residential single family district
(RSF-4) for each permitted, accessory, and conditional use except for the
following:
Minimum lot area: 5,000 square feet.
Minimum lot width: 50 feet.
Minimum yard requirements. As provided for in the residential single family
district (RSF-4) for each permitted, accessory, and conditional use except for the
following:
a. Side yard: 5 feet.
Parking/storage of major recreational equipment and personal vehicles
Within the VR and RSF-4 zoning districts, except for specifically designated
travel trailer subdivisions, boats, trailers, recreational vehicles and other
recreational equipment may~)e stored in any yard subject to the following.
conditions.
2.2.34.5.2.
2.2.34.6.
2.2.34.6.1.
a. No recreational equipment shall be used for living, sleeping, or
housekeeping purposes when parked or stored.
b~ No recreational vehicle or equipment shall exceed 35 feet in length.
c_. No recreational vehicle or equipment shall be parked, stored nor encroach
in any county right-of-way or easement.
d~ Recreational vehicles or equipment that exceed 35 feet in length shall be
subject to the provisions of subsection 2.6.7.2 of this code.
Personal vehicles may be parked in drainage swales in the VR and RSF-4 zoning
districts subject to the following conditions. .~
a_. No vehicle shall block or impede traffic.
Storage and display o_f_fishing related equipment.
Within the VR and RSF-4 zoning districts, fishing equipment, such as crab traps,
anchors and other similar items, may be displayed or stored in any yard subject to
the following conditions.
The storage of fishing related equipment is permitted only in association
with a fishing related business.
Storage of toxic materials is prohibited.
The storage or display area shall be located a minimum of 5 feet from any
property line or county right-of-way.
Fishing related items may be used for decorative purposes.
SUBSECTION 3.D.
AMENDMENTS TO SUPPLEMENTAL DISTRICT REGULATIONS
DIVISION
Division 2.6., Supplemental District Regulations, of Ordinance 91-102, as amended, the Collier
County Land Development Code, is hereby amended to read as follows:
DIVISION 2.6. SUPPLEMENTAL DISTRICT REGULATIONS
Words gtr'.:clz t~rt3ugh are deleted, words underlined arc added.
21
2.6.34.1. Annual beach events permit:
2.6.34.3.1.4=.
2.6.34.3.2.
The owner of beach-fi'ont commercial hotel-resort property shall apply for an
annual beach evenls permit. The planning services director, or his designee, inay
grant the permit following review of an application for such permit. The
application shall be submitted on the form prescribed by Collier County together
with the applicable fee for the number of planned annual beach events as
indicated on the permit form and exhibits thereto. Permits issued pursuant to this
section are not intended to authorize any violation of § 370.12, F.S., or any of the
provisions of the Endangered Species Act of 1973, as it may be amended.
For purposes of this section, a "beach event" shall mean and refer to any social,
recreational or entertainment event (whether public or private), conducted on the
beach and satisfying one or more of the following criteria:
The event involves the use of dining/picnic tables and chairs, serving
tables, or other ancillary equipment typically used to serve an on-site
meal; or
The event involves ~e use of staging equipment, amplified music, or the
use of other types of electrical equipment for purposes of enhanced light
and/or sound; or
3. The event:
2.6.34.3.
2.6.34.3.1
(a)
is attended by 25 or more people and is organized by or with the
help of the commercial property owner; and
(b)
is of a nature not commonly associated with the day-to-day use of
the beach by tim general public.
Notice of scheduled events:
On or before the 25th day of each calendar month, the holder of such permit shall
cause Collier County to be furnished with written notice of all beach events
scheduled for the following month, in the form and content made a part of the
annual beach events permit application. The notice shall indicate the date, time
and duration of each event.
2.6.34.3.2.
2.6.34.3.3
2.6.34.4.
2.6.34.4.1.
2.6.34.4.2.
If a beach event is scheduled after the monthly notification has been furnished to
Collier County, the property owner shall furnish the county with a separate
written notice at least 48-hours prior to such event.
All notices or documents furnished to Collier County pursuant to the permit or
these regulations shall be sent to Collier County Planning Services Department
and for events that occur during sea turtle nesting season, to the Collier County
Natural Resource Department as well.
Event Cancellations and postponements:
If a scheduled beach event is canceled or postponed, the property owner shall
furnish Collier County with written notification of such cancellation or
postponement. It is understood that weather conditions may cause last minute
cancellations, however the property owner shall make every effort to notify the
county staff a minimum of 4 hours prior to the scheduled event time. If such event
is rescheduled, notice of the date and time of the rescheduled event shall be
provided.
If a beach event is canceled or postponed, and no other beach events are
scheduled for the date of the canceled/postponed event, and Collier County has
Words 'ztr',.:clz through are deleted, words underlined are added.
22
been notified of such cancellation or postponement, then the canceled or postponed
event shall not count towards the maximum number of beach events authorized by
the permit.
2.6.34.5.
2.6.34.5.1.
Sea turtle nesting season. Annual beach events which occur during Sea Turtle
Nesting Season (May 1 ~' through October 31 st of each year):
...... ~ o~,, turtle
..... ; ........... ~- .... ~- ..... , .... h~ ~ bj foil
............................ are also su ect to the owing ........... s
A cop;,' of thc. All required Florida Department of Environmental Protection
(FDEP) Field Permits, if
· '-u ..... by shall be obtained and a copy furnished
to Collier County prior to the time of the scheduled event as set forth in section
2.6.34.3.
2.6.34.5.2.
Consistent with section 3 13.7.3, and 3.14.6, no structure gset up, ;,o,..a;_
· · ......... g or
beach raking; or mechanical cleaning activity for an_.y particular Beach Event shall
not commence until after monitoring conducted by personnel with prior
experience and training in nest surveys procedures and possessing a valid Fish
and Wildlife Conservation Commission Marine Turtle Permit has been completed
2.6.34.5.3.
Prior to all scheduled beach events, every beach event permit holder is required to
rope off (or otherwise identify with a physical barrier) an area with no less than
15-foot radius out from each sea turtle nest that has been identified and marked on
a beach, unless a greater distance is required by an applicable State permit..
2.6.34.5.?~ 4. Use of vehicles on the beach is prohibited, except as may be permitted under i-~
Section 3.14.3, 3.14.5, or 3.14.6. of thi'a code,.
2.6.34.5.~5.
Consistent with section 3.13.7.3,Aall materials placed on the beach for the
purpose of conducting hhe permitted beach events shall · 1) must be removed from
the beach by no later than 9:30 p.m. 9:00 p.m. of the date of the event; and 2). no
structures may be set, placed, or stored on, or within ten feet bf any beach dune.
except that materials may remain in an identified staging area until 10:00 p.m.
The location and size of all staging areas will be as identified in the permit.
2.6.34.5.56.
All lights that are visible from the beach and cast a shadow thereon shall be
turned off by no later than 9:00 p.m. of the date of the event.
2.6.34.5.62.
Identification of sea turtle nests on the beach may cause the Beach Event to be
relocated from its planned location or to have additional reasonable limitations
placed on the event pursuant to the recommendation of Collier County Natural
............ v .......... staff in order to protect the identified sea turtle nests in this
permit; except that county staff may relocate a staging area as provided for in
2.6.34.5.5, as part of its daily sea turtle monitoring.
2.6.34.5.g8.
Pole lighting, and any other object or structure designed to penetrate the beach
surface by more than three (3) inches shall be subject to the approval of the FDEP
and Collier County.
2.6.34.5.8~.
A copy of all Nnotices required by thi'a any permit or these regulations 'ah'all must
also be
.......... d provided by the permit holder to Collier County Natural
Resources Department.
Note: When a State permit is more restrictive than the code requirements, the State requirements
shall supersede, and the County shall enforce these requirements.
Words 'struck through arc deleted, words underlined are added.
23
2.6.34.6.
Penalties. Notwithstanding the penalties set forth elsewhere in this Code, the
following violations of this section are subject to the following penalties, except
that the Annual Beach Events Permit may not be suspended or revoked:
Violations which do not occur during sea turtle nesting season, i.e., occur
outside of sea turtle nesting season, are subject to up to a $500 fine per
violation.
Violations which occur during sea turtle nesting season and are:
any activity that may cause immediate harm to sea turtles or their
nesting activities; which include, but are not limited to the
following: 1) setting up a beach event prior to daily sea turtle
monitoring; 2) failing to remove beach event materials from the
beach by 9:30 p.m.; 3) failing to have lights, so required, turned
out by 9:00 p.m.; or 4) not placing additional barriers around nests
as required by sec. 2.6.34.5.3; are subject to the following
penalties:
bo
First violation:
Second violation:
Third or more violation:
$1,000 fine
$2,500 fine
$5,000 fine
any activity that would not cause immediate harm to sea turtles or
their nesting activities; which include, but are not limited to the
following: 1 ) failing to notify the County of a beach event; 2)
failing to provide the County with copies of Florida Department of
Protection permits prior to each beach event; or 3) having beach
event materials or related structures set, placed, stored on, or
within ten feet of any beach dune; are subject to up to a $500 fine.
SUBSECTION 3.E. AMENDMENTS TO ZONING AND ADMINISTRATION PROCEDURES
DIVISION
Division 2.7., Zoning and Administration Procedures, of Ordinance 91'-102, as amended, the Collier
County Land Development Code, is hereby amended to read as follows:
DIVISION 2.7. ZONING AND ADMINISTRATION PROCEDURES
Sec. 2.7.2. Amendment procedures.
2.7.2.3. Notice.
2.7.2.3.4.
2.7.2.4.
Notice and public hearing where proposed amendrnent initiated by the board of
county commissioners would change the zoning map designation of a parcel or
parcels of land involving ten contiguous areas or more of land in the county or
would change the actual list of permitted, conditional, or prohibited uses of land
within a zoning category. In cases initiated by the board of county commissioners
in which the proposed change to the zoning map designation of a parcel or parcels
of land involves the~ ten contiguous a~as-ogacres or more of land or changes the
actual list of permitted~ conditional or prohibited uses of land within a zoning
category such provisions shall be enacted or amended pursuant to the public
notice and hearing requirements by the planning commission and the board of
county commissioners.
Planning commission hearing and report to the board of county Commissioners.
Time limits. Hearings by the planning commission on applications for
rezoning of land shall be held at least 24 times a year. For applications not
involving the rezoning of land, but which involve amendments to these
zoning regulations, the planning commission shall hold its public hearings
Words sir'ack thrc, ugh are deleted, words underlined are added.
24
twice per calendar year. In th~..,., ....... ,,,.o,, ,,.c .~."~ emergency~ except amendments
to these zoning regulations may be made more often than twice during the
calendar year if the additional amendment cycle receives the approval of a
super-majority vote of the board of county commissioners. Unless a longer
time is n-mtually agreed upon by the planning connnission and the board of
county commissioners, the planning commission shall file its
recommendations for either type of amendment with the board of county
commissioners within 45 days after the public hearing before the planning
commission has been closed.
2.7.2.8.1.
Sec. 2.7.6.
Dedication of the public facilities and development of prescribed amenities.
Public Facility Dedication. The board of county commissioners may, as a
condition of approval and adoption of the rezoning required that suitable areas for
streets, public rights-of-way, schools, parks, and other public facilities be set
aside, improved, and/or dedicated for public use. Where impact fees are levied for
c-em~ one or more such public facilities, the market value of the land set aside
.... v ..... v~..v ....... $ ...... be credited towards impact
fees to the extent authorized by the County's Consolidated Impact Fee Ordinance.
Said credit shall be based ~on a negotiated amount not greater than the market
value of the set aside land prior to the rezoning action, as determined by an
accredited appraiser from a list approved by Collier County. Said appraisal shall
be submitted to the county attorney's office and the real property office within 90
days of the date of approval of the rezone, or as otherwise extended in writing by
Collier County, so as to establish the amount of any impact fee credits resulting
from said dedication. Failure to provide said appraisal within this 90 day time
frame shall automatically authorize the county to determine the market value of
the property, hnpact fee credits shall only be effective after recordation of the
conveyance document conveying the dedicated property to Collier County. Where
the term Collier County is used in this section, it shall be construed to include the
Collier County Water and Sewer District or other agency or dependent district of
Collier County Government.
Land set aside and/or to be improved as committed as part of the rezoning
approval shall be deeded or dedicated to Collier County within 90 days of receipt
of notification by the county that the property is needed for certain pending public
improvements or as otherwise approved by the board of county commissioners
during the rezoning approval process. In any case, however, the county shall take
title to the set aside property, at the latest, by a date certain established during, and
conditioned on, the approval of the rezoning action. At no costs to the county, the
land set aside and/or to be improved shall be made free and clear of all liens,
encumbrances and improvements,,~.,~ .......... v ....... expense, except as
otherwise approved by the board. Failure to deed the land or complete the
dedication within the 90 day ....... :,~,~
~,vw,,v ..... time frame noted above may result in a
recommendation to the board of consideration of rezoning the subject parcel from
its current zoning district to an appropriate zoning district and may result in a
violation of this Code pursuant to subsection 1.9.2.
Should said dedication of land also include agreed upon improvements, said
improvements shall be completed and accepted by the Collier County Board of
Commissioners at the development phase which has infrastructure improvements
available to the parcel of land upon which said improvements are to be made, or
at a specified time provided for within the ordinance approving the rezone.
Building or land alteration permit and certificate of occupancy compliance
process.
Words sir'dc!: through are deleted, words underlined are added.
25
Improvement of property prohibited prior to issuance of building permit.
No site work, removal of protected vegetation, grading, improvement of
property or construction of any type may be commenced prior to the
issuance of a building permit where the development proposed requires a
building permit under this land development code or other applicable
county regulations. Exceptions to this requirement may be granted by the
community development and environmental services administrator for an
approved subdivision or site development plan to provide for distribution
of fill excavated on site or to permit construction of an approved water
management system, to nfinimize stockpiles and hauling off-site or to
protect the public health, safety and welfare where clearing, grading and
filling plans have been submitted and approved meeting the warrants of
section 3.2.8.3.6 of this code; removal of exotic vegetation shall be
exempted upon receipt of a vegetation removal permit for exotics pursuant
to division 3.9.
ao
In the event the improvement of property, construction of any type,
repairs or remodeling of any type that requires a building permit has
been completed, all required inspection(s) and certificate(s) of
occupancy must be obtained within sixty (60) days after the
issuance of after the fact permit(s),
SUBSECTION 3.F.
AMENDMENTS TO ARCHITECTURAL AND SITE DESIGN
STANDARDS AND GUIDELINES FOR COMMERCIAL BUILDINGS
AND PROJECTS DIVISION
Division 2.8., Architectural and Site Design Standards and Guidelines for Commercial Buildings and
Projects, of Ordinance 91-102, as amended, the Collier County Land Development Code, is hereby amended to
read as follows: "
DIVISION 2.8.
Sec. 2.8.3.
ARCHITECTURAL AND SITE DESIGN STANDARDS AND GUIDELINES
FOR COMMERCIAL BUILDINGS AND PROJECTS
Architectural and site design standards and guidelines for commercial
buildings and projects with a gross building area of 20,000 square feet or
larger.
2.8.3.7.2.
Landscaping. The following requirements, with the exception of building
perimeter plantings, shall be counted toward the required greenspace and open
space requirements of division 2.4. of this code.
Until the time specified below, Aa at time of planting, trees in vehicular use
areas shall be a minimum of 12 to 14 feet height with a six-foot spread and
a two and one-half inch caliper and shall have a clear trunk area to a height
of seven feet.
o
Beginning on June 1, 2002, at time of planting, trees in vehicular use areas
shall be a minimum of 14 to 16 feet height with a six to eight foot spread
and a three to four inch caliper and shall have a clear trtmk area to a height
of six feet.
The first row of landscape islands located closest to the building front and
sides shall be landscaped with trees, palms, shrubs and groundcovers and
Words :tr',~ek thrc, ugh are deleted, words underlined are added.
26
shall have a clear trunk area to a height of seven feet (see Iljustration 17
below).
Tree and lighting locations shall be designed so as not to conflict with one
another (see Iljustration 18 below).
SUBSECTION 3.G. AMENDMENTS TO SUBDIVISIONS DIVISION
Division 3.2., Subdivisions, of Ordinance 91-102, as amended,
Development Code, is hereby amended to read as follows:
DIVISION 3.2.
Sec. 3.2.6.
SUBDIVISIONS
Subdivision review procedures.
the Collier
County
Land
3.2.6.5.3.
Procedures for acceptance of required improvements. The applicant shall submit
the following data, certifications, inspections and documents for review and
approval by the site dovelopment review director prior to the county
administrator, or his designee denying, granting, or granting with conditions
preliminary approval of any completed required improvements and prior to
authorizing the site development review director to issue any building permits,
except as provided for in section 3.2.7.3.4. of this Code, for structures to be
constructed within a subdivision or development, where the developer has chosen
to construct the improvements prior to recording of the plat.
Completion certificate, record improvement plans and supportive
documents. The required improvements shall not be considered complete
until a statement of substantial completion by the applicant's professional
engineer of record along with the final development records have been
furnished to, reviewed and approved by the developmen, t services director
for compliance with this division. The applicant's pr6fessional engineer
of record shall also furnish one set of record improvement plans on a
mylar or other similar acceptable material, with a minimum of two mil
thickness, and two sets of certified prints acceptable to the development
services director, showing the original design in comparison to the actual
finished work. The mylars shall be labeled as record drawings on each
sheet prior to printing of the required sets of prints. The applicant's
professional engineer shall also submit a ....... ,~. ,4:~ .... ...:~:~.~ ,~.~
digitally created construction / site plan documents, one (1) disk
(CDROM) of the master plan file, including, where applicable, easements.
water/wastewater facilities, and storm water drainage system. The digital
data to be submitted shall follow these formatting guidelines: All data
shall be delivered in the State Plane coordinate system, with a Florida East
Projection, and a North American Datum 1983/1990 (NAD83/90 datum)~
with United States Survey Feet (USFEET) units; as established by a
Florida registered surveyor and mapper. All information shall have a
maximum dimensional error of +0.5 feet. Files shall be in a Digital
Exchange File (DXF) format; information layers shall have common
naming conventions (i.e. right-of-way - ROW, centerlines - CL, edge-of-
pavement - EOP, etc.). For a plan to be deemed complete, the layering
scheme must be readily understood by county staff. All property
information (parcels, lots, and requisite annotation) shall be drawn on a
unique information layer, with all linework pertaining to the property
feature located on that layer. Example: parcels - all lines that form the
parcel boundary will be located on one parcel layer. Annotations
pertaining to property information shall be on a unique layer. Example;
Words struck t~rc, ug,~ are deleted, words underlined are added.
27
lot dimensions - lottxt layer. In addition, a copy of applicable
measurements, tests and reports made on the work and material during the
progress of construction must be furnished. The record construction data
shall be certified by the applicant's professional engineer and professional
land surveyor and shall include but not be limited to the following items
which have been obtained through surveys performed on the completed
required improvements:
Sec. 3.2.8.
3.2.8.2.18.
Improvement plans.
Upon re-submittal of construction plans and plats, the engineer shall identify all
revisions to the construction plans by lettering or numbering; the surveyor shall
identify all revisions to the plat by highlighting the current revisions. The
applicant shall also provide a written response to the county's comments.
responding to each comment individually.
Sec. 3.2.9. 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 resubmit five certified sets of the previously approved improvement plans
along with approved copies of all required county, state and federal construction
penn s ...... vv ......................... The a cant's pro ss onal en neet
shall also submit a digitally created construction / site plan documents, one (1)
disk (CDROM) of the master plan file, including, where applicable, easements,
water/wastewater facilities, and storm water drainage system. The digital data to
be submitted shall follow these formatting guidelines: All data shall be delivered
in the State Plane coordinate system, with a Florida East Projection, and a North
American Datum 1983/1990 (NAD83/90 datum), with United States Survey Feet
(USFEET) units; as established by a Florida registered surveyor and mapper. All
information shall have a maximum dimensional error of +0.5 feet. Files shall be
in a Digital Exchange File (DXF) format; information layers shall have common
naming conventions (i.e. right-of-way - ROW, centerlines - CL, edge-of-
pavement - EOP, etc.). For a plan to be deemed complete, the layering scheme
must be readily understood by county staff. All property information (parcels,
lots, and requisite annotation) shall be drawn on a unique information layer, with
all linework pertaining to the property feature located on that layer. Example-
parcels - all lines that form the parcel boundary will be located on one parcel
layer. Annotations pertaining to property information shall be on a unique layer.
Example: lot dimensions - lottxt layer. ~
............ o ......................................... s ........... All construction
permits required from local, state and federal agencies must be submitted to the
development services director prior to commencing development within any
phase of a project requiring such permits.
SUBSECTION 3.H. AMENDMENTS TO SITE DEVELOPMENT PLANS DIVISION
Division 3.3. Site Development Plans, of Ordinance 91-102, as amended, the Collier County Land
Development Code, is hereby amended to read as follows:
Words "' .....~' *~ ....... ~'
.............. e,, are deleted, words underlined are added.
28
DIVISION 3.3. SITE DEVELOPMENT PLANS
Section 3.3.12. Electronic data requirements.
After the final site development plan has been approved by the development
services director for compliance with this code as provided in this division, the
applicant's professional engineer shall also submit digitally created construction /
site plan documents, one (1) disk (CDROM) of the master plan file, including,
where applicable, easements, water/wastewater facilities, and storm water
drainage system. The digital data to be submitted shall follow these formatting
guidelines: All data shall be delivered in the State Plane coordinate system, with a
Florida East Proiection, and a North American Datum 1983/1990 (NAD83/90
datum), with United States Survey Feet (USFEET) units; as established by a
Florida registered surveyor and mapper. All information shall have a maximum
dimensional error of +0.5 feet. Files shall be in a Digital Exchange File (DXF)
format; information layers shall have common naming conventions (i.e. right-of-
way - ROW, centerlines - CL, edge-of-pavement - EOP, etc.). For a plan to be
deemed complete, the layering scheme must be readily understood by county
staff. All property informatk)n (parcels, lots, and requisite annotation) shall be
drawn on a unique information layer, with all linework pertaining to the property
feature located on that layer. Example: parcels - all lines that form the parcel
boundary will be located on one parcel layer. Annotations pertaining to property
information shall be on a unique layer. Example: lot dimensions - lottxt layer.
SUBSECTION 3.1. AMENDMENTS TO EXCAVATION DIVISION
Division 3.5. Excavation, of Ordinance 91-102, as amended, the Collier County Land Development
Code, is hereby amended to read as follows:
DIVISION 3.5 EXCAVATION
Sec. 3.5.3.
Applicability; permit required.
It shall be unlawful for any person, association, corporation or other entity to
create, attempt to create, or alter an excavation without having obtained a permit
therefor, except for public capital facility projects, or as otherwise provided
herein.
SUBSECTION 3.J.
AMENDMENTS TO COASTAL CONSTRUCTION SETBACK LINE
VARIANCE DIVISION
Division 3.13.,. Coastal Construction Setback Line Variance, of Ordinance 91-102, as amended, the
Collier County Land Development Code, is hereby amended to read as follows:
DIVISION 3.13.
COASTAL CONSTRUCTION SETBACK LINE VARIANCE
Sec. 3.13.7. Exemptions.
Sec. 3.13.7.3.
r,.,~; ...... that:
D do not constitute fixed structure(s), 2) do not require a building permit,
3_2 weigh less than 100 pounds, and 4) upon review by the d~
Words struck thr'c'dgh are deleted, words underlined are added.
29
planning services director or his designees, is/are determined to not
present an actual or potential threat to the beach and the dune system and
adjacent properties are exempt from the variance requirements of this
division. This exemption shall not be effective during sea turtle nesting
season (May I - October 31) unless the structures are removed daily from
the beach prior to 9:90 p.m. 9:30 p.m. and are not moved onto, or placed
on, the beach beibre completion of monitoring conducted by personnel
with prior experience and training in nest surveys procedures and
possessing a valid Fish and Wildlife Conservation Commission Marine
Turtle Permit (daily sea turtle monitoring), or unless the beach furniture is
being actively used or attended during the period of time from 9:30 pm
until the next day's monitoring. Exemptions allowed under this provision
are not intended to authorize any violation of § 370.12, F.S., or any of the
provisions of the Endangered Species Act of 1973, as it may be amended
Sec. 3.13.9.
Penalty and civil remedies
3.13.9.3.1
Penalty for a violation of subsection 3.13.7.3 Notwithstanding the penalties set
forth elsewhere in this Co~le, the following violations of subsection 3.13.7.3,
which occur during sea turtle nesting season:
A)
1) setting up of any structures as defined in 3.13.7.3, prior to daily sea
turtle monitoring, 2) failing to remove all structures from the beach by
9:30 p.m., or 3) failing to have lights, so required, turned offby 9:00 pm..,
are subject to the tbltowing penalties:
First violation:
Second violation:
Third or more violation:
Up to $1,000 fine.
$2,500 fine
$5,000 fine
B)
Beach front property owners who leave beach furniture unattended on the
beach between 9:30 pm and the time of the next' day's sea turtle
monitoring, are subject to the following penalties:
First violation:
Written notice of ordinance violation
Second violation: Up to $1,000 fine
Third or more violation: $2,500 fine
More than three violations: $5,000 fine
SUBSECTION 3.K. AMENDMENTS TO VEHICLE ON THE BEACH REGULATIONS DIVISION
Division 3.14. Vehicle On The Beach Regulations, of Ordinance 91-102, as amended, the Collier
County Land Development Code, is hereby amended to read as follows:
DIVISION 3.14.
Sec. 3.14.3.
3.14.3.4
VEHICLE ON THE BEACH REGULATIONS
Exceptions; permit.
Vehicle-on-the-beach permits issued in conjunction with special or annual beach
events: Vehicles which are used in conjunction with functions on the beach, as
permitted by an approved special event temporary use permit, or annual beach
events permit, are exempt from the provisions of this division if a vehicle-on the-
Words struck t~roug~ are deleted, words underlined are added.
30
3.14.3.4.1.
3.14.3.4.2.
3.14.3.4.3.
beach permit has been granted by the planning services director or his designee.
All permits issued are subject to the following conditions and limitations:
The use of vehicles shall be limited to set-up and removal of equipment for the
permitted function.
Said permits shall be prominently displayed on the vehicle and kept with the
vehicle and available for inspection;
The types of vehicles permitted for this use may include ATVs, non-motorized
handcarts or dollies, and small utility wagons, which may be pulled behind the
ATVs.
3.14.3.4.4.
3.14.3.4.5.
3.14.3.4.6.
3.14.3.4.7
All vehicles shall be equipped with large pneumatic tires ;,n~,~, ....... ,~..
having a maximum ground-to tire pressure of 10 PSI (pounds per square inch), as
established by the Standard PSI Formula. Calculations for tire pressure using the
standard formula shall be included with each permit application.
Permits shall only be issued for ATVs when staff has determined that: l) due to
the distance and the excessive weight of the equipment to be moved that it would
be prohibitive in nature to use push carts or dollies or 2) a limited designated
work area has been established at the foot of the dune walkover for loading and
unloading and the ATV use is restricted to that limited area.
When not in use all vehicles shall be stored off the beach;
During sea turtle nesting season, the following shall apply: 1) no vehicle may be
used on the beach until after completion of daily sea turtle monitoring conducted
by personnel with prior experience and training in nest surveys procedures and
possessing a valid Fish and Wildlife Conservation Commission Marine Turtle
Permit; 2) consistent with sec. 3.13.7.3., there shall be no use of vehicles for set
up of chairs or hotel or commercial beach equipment, etc. until after the beach has
been monitored; 3) one (1) ingress/egress corridor onto and over the beach,
perpendicular to the shoreline from the owner's property, shall be designated by
the Collier County Natural Resources Department (CCNRD); additional corridOrs
may be approved when appropriate and necessary; a staging area may be
approved lbr large events and 4) except for designated corridors, all motorized
vehicles shall be operated below the Mean High Water line (MHW), as generally
evidenced by- the previous high tide mark. If at anytime CCNRD determines that
the designated corridor may cause adverse impacts to the beach, nesting sea
turtles, or the ability of hatchlings to traverse the beach to the water, an alternative
corridor shall be designated. If no alternative is available, the Vehicle on the
Beach permit may be suspended for the remaining period of the sea turtle season.
3.14.3.5.
3.14.3.5.1.
3.14.3.5.2.
3.14.3.5.3.
Vehicle-on-the-beach permits issued in conjunction with permanent concession
facilities: shall be exempt from the provisions of this division if a vehicle-on-the-
beach permit has been granted by the planning services director or his designee.
Vehicles which are used in conjunction with approved permitted beach
concession activities may be used to set up concession equipment and may be
used to remove the equipment from the beach and return it to the approved
storage area, subject to the following conditions and limitations:
The types of vehicles permitted for this use may include ATVs, non-motorized
handcarts or dollies, and small utility wagons, which may be pulled behind the
ATVs.
Said permit shall be prominently displayed on the vehicle and kept with the
vehicle and available for inspection.
All vehicles shall be equipped with large pneumatic tires :~n.+~
having a maximum ground-to tire pressure of lO PSI (pounds per square inch), as
Words '~tr'dcl: t~rc.'ag~ are deleted, words underlined are added.
31
3.14.3.5.4.
established by the Standard PSI Formula. Calculations for tire pressure using the
standard formula shall be included with each permit application.
Permits shall only be issued for ATV's when one of the following criteria has
been met:
1)
2)
Evidence has been provided that there is a need to move equipment,
which, due to the excessive weight and distance, of equal to or greater
than 200 feet, would be prohibitive in nature to move with, push carts or
dollies.
A limited designated work area has been established at the foot of the
dune walkover lbl' loading and unloading and the ATV use is restricted to
that limited identified area.
3.14.3.5.5. When not in use all vehicles shall be stored off the beach;
3.14.3.5.6.
These vehicles may not be used for transportation of people or equipment
throughout the day. The permit shall designate a limited time for equipment set
up and for the removal of the equipment at the end of the day.
3 14357 U ~e ..... ~'"~':~" d i g
During sea turtle nesting sei~son, the following shall apply: 1) no vehicle may be
used on the beach until after completion of daily sea turtle monitoring conducted
by personnel with prior experience and training in nest surveys procedures and
possessing a valid Fish and Wildlife Conservation Commission Marine Turtle
Permit; 2) consistent with sec. 3.13.7.3., there shall be no use of vehicles for set
up of chairs or hotel or commercial beach equipment until after the beach has
been monitored; 3) one (1) ingress/egress corridor onto and over the beach,
perpendicular to the shoreline from the owner's property, shall be designated by
the Collier County Natural Resources Department (CCNRD); additional corridors
may be approved when appropriate and necessary and 4) except for designated
corridors, all motorized vehicles shall be operated below MHW , as generally
evidenced by the previous high tide mark. If at anytime CCNRD determines that
the designated corridor may cause adverse impacts to the b. each, nesting sea
turtles, or the ability of hatchlings to traverse the beach to the ~ater, an alternative
corridor shall be designated. If no alternative is available, the Vehicle on the
Beach permit may be suspended for the remaining period of the sea turtle season.
3.14.3.6.
Vehicle-on-the-beach permits for other routine functions associated with
permitted uses of commercial hotel property: Vehicles which are used in
conjunction with tasks such as routine equipment set-up that cannot reasonably be
accomplished without the use of such vehicle due to size, weight, volume and
such, shall be exempt from the provisions of this division if a vehicle-on-the-
beach permit has been granted by the planning services director or his designee,
subject to the following conditions and limitations:
3.14.3.6.1.
Use of the vehicle shall be limited to a one-time set up and a one-time removal of
equipment each day.
3.14.3.6.2.
Said permit shall be prominently displayed on the vehicle and kept with the
vehicle and available for inspection.
3.14.3.6.3.
The types of vehicles permitted for this use may include ATVs, non-motorized
handcarts or dollies.
3.14.3.6.4.
Permits shall only be issued for ATVs when one of the following criteria has been
met:
1)
Evidence has been provided that there is a need to move equipment,
which, due to the excessive weigh and distance of equal to or greater than
200 feet, would be prohibitive in nature to move with, push carts or
dollies.
Words ," ..... ~' '~ ........ ~'
............ s" are deleted, words underlined are added.
32
3.14.3.6.5.
3.14.3.6.6.
3.14.3.6.7
2)
A limited designated work area has been established at the foot of the
dune walkover tbr loading and unloading and the ATV use is restricted to
that limited identified area.
All vehicles shall be equipped with large pneumatic tires ;~
having a maximum ground-to tire pressure of 10 PSI (pounds per square inch), as
established by the Standard PSI Formula. Calculations for tire pressure using the
standard formula shall be included with each permit application.
When not in use all vehicles shall be stored off the beach;
sea-so, During sea turtle nesting season, the following shall apply: 1) no vehicle
may be used on the beach until after completion of daily sea turtle monitoring
conducted by personnel with prior experience and training in nest surveys
procedures and possessing a valid Fish and Wildlife Conservation Commission
Marine Turtle Permit; 2) consistent with sec. 3.13.7.3., there shall be no use of
vehicles for set up of chairs or hotel or commercial beach equipment until after
the beach has been monitored; 3) one (1) ingress/egress corridor onto and over the
beach, perpendicular to the shoreline from the owner's property, shall be
established by the Collier County Natural Resources Department (CCNRD)~
additional corridors may b~ approved when appropriate and necessary and 4)
except for designated corridors, all motorized vehicles shall be operated below
MHW, as generally evidenced by the previous high tide mark. If at anytime
CCNRD determines that the designated corridor may cause adverse impacts to the
beach, nesting sea turtles, or the ability of hatchlings to traverse the beach to the
water, an alternative corridor shall be designated. If no alternative is available~
the Vehicle on the Beach permit may be suspended for the remaining period of
the sea turtle season.
3.14.3.7.
Tire tread identifications: All rear tires shall be marked with raised metal
lettering (minimum V2 inch thick attached to the raised tread of the tires) in order
that field identifications can be made when vehicles are used on the beach. This
identification shall be required for all new vehicle on the beach permits issued for
ATV's and for all vehicles using the beach during sea turtle se~ison.
Sec. 3.14.5.
3.14.5.1.
3.14.5.2.
3.14.5.3.
3.14.5.4.
3.14.5.5.
Beach raking and mechanical beach cleaning.
Beach raking and mechanical beach cleaning shall be prohibited on undeveloped
coastal barriers unless a state permit is ........
~,.,~ ...... obtained.
Beach raking and mechanical beach cleaning ~--~ ~- .... ~:~, ,~
.......... ~,,~ ..... must comply with
the provisions of section 3.14.6 of this division.
Beach raking and mechanical beach cleaning shall not interfere with sea-turtle
nesting, shall preserve or replace any native vegetation on the site, and shall
maintain the natural existing beach profile and minimize interference with the
natural beach dynamics and function.
Beach raking and mechanical beach cleaning devices shall not disturb or penetrate
beach sediments by more than the minimum depth necessary, not to exceed one
inch, in order to avoid a potential increase in the rate of erosion. In cases where
the one-inch depth is not sufficient, a maximum depth of two inches, as allowed
by the department of natural resources, will be permitted where approved in
writing by the development services director.
Heavy equipment shall not be used to conduct beach raking and mechanical beach
cleaning. Lightweight vehicles having wide, low profile, low pressure tires shall
be used to conduct beach raking and mechanical beach cleaning operations.
Words .struck tl:r~ugl~ arc delclcd, words underlincd arc added.
33
Sec. 3.14.6.
3.14.6.1
3.14.7.
3.14.7.1.
3.14.7.2.
3.14.7.3.
Operations of vehicles on the beach during marine turtle nesting season.
The operations of motorized vehicles, including but not limited to and self-
propelled, wheeled, tracked, or belted conveyances, shall be is prohibited on
coastal beaches above mean high water during sea turtle nesting season, May I to
October 31, of each year, except i,~eases for purposes of law enforcement,
emergency, or conservation of sea turtles, unless such vehicles have a valid permit
issued pursuant to this division. Permits issued pursuant to this division are not
intended to authorize any violation of § 370.12, F.S., or any of the provisions of
the Endangered Species Act o f 1973, as it may be amended.
All Bbeach raking and mechanical beach cleaning during sea turtle nesting
season, May 1 to October 31, of each year, .4,~,
I~1~ .......... ~;,~ ..... f~,- ,,~, ~ ....... I1 ..... ;~A
c ..... ~ .... '~'~ by' """ ....... :c:~.~ ..... ,...,, ....... :, begi b fo pi ti
of monitoring conducted by personnel with prior experience and training in nest
surveys procedures and possessing a valid Fish and Wildlife Conservation
Commission Marine Turtle Permit.
Penalties. Notwithstanding the penalties set foah elsewhere in this Code,
violations of this division are subject to the following penalties:
Violations of section 3.14.5., which do not occur during sea turtle nesting season,
i.e., occur outside of sea turtle nesting season, are subject to up to a $500 fine per
violation.
1. Minor infractions of section 3.14.5 which occur during sea turtle nesting
season are subject to up to a $500 fine per violation. Minor infractions are defined
as any activity that will not cause immediate harm to sea turtles or their nesting
activity; and include, but are not limited to, the following: l) use of an
unpermitted vehicle; 2) vehicles being operated: a) without req_uired tire tread
identification; b) without permit being available for inspection/or c) with
improper tire pressure.
2. Major infractions of section 3.14.5 which occur during sea turtle nesting
season are subject to the following penalties. Major infractions are defined as any
activity that may cause immediate harm to sea turtles or their nesting activities;
and include, but are not limited to, the following: 1) use of a vehicle prior to daily
sea turtle monitoring, 2) use of a vehicle after 9:30 pm, or 3) use of a vehicle
outside of a designated corridor.
First violation:
Second violation:
$1000 fine and a suspension of permitted activities,
including but not limited to: beach raking or
mechanical cleaning activities, for 70 days or the
balance of sea turtle nesting season, whichever is less.
$2,500 fine and a suspension of permitted activities,
including but not limited to: beach raking or
mechanical cleaning activities, for 70 days or the
balance of sea turtle nesting season, whichever is less.
Third or more violation:
$5,000 fine and a suspension of permitted activities,
including but not limited to: beach raking o,'
mechanical cleaning activities, for 70 days or the
balance of sea turtle nesting season, whichever is less.
Violations of sections 3.14.3.2.; 3.14.3.4.; 3.14.3.5.; or 3.14.3.6., which do not
occur during sea turtle nesting season, i.e., occur outside of sea turtle nesting
season, are subject to up to a $500 fine per violation.
Words struck thro,.'.gk are deleted, words underlined are added.
34
3.14.7.4
Violations of sections 3.14.3.2.; 3.14.3.4.; 3.14.3.5.; or 3.14.3.6., which occur
during sea turtle nesting season are subject to the following penalties:
Minor infractions are subject to up to a $500 fine per violation. Minor
infi'actions are defined as any activity that will not cause an immediate
harm to sea turtles or their nesting activity; and include, but are not limited
to, the following: !) use of an unpermitted vehicle; 2) vehicles being
operated: a) without required tire tread identification; b) with permit not
available for inspection; or c) with improper tire pressure.
Major infractions are defined as any activity that may cause harm to sea
turtles or their nesting activities; and include, but are not limited to, the
following: 1 ) use of a vehicle prior to daily sea turtle monitoring, 2) use of
a vehicle after 9:30 p.m. 9:90 pm, or 3) vehicle being operated outside of a
designated corridor. Major violations are subject to the following
penalties:
First violation:
$1000 fine.
Second violation:
Third or more violation:
$2,500 fine
$5,000 fine
SUBSECTION 3.L. AMENDMENTS TO DEFINITIONS DIVISION
Division 6.3., Definitions, of Ordinance 91-102, as amended, the Collier County Land Development
Code, is hereby amended to read as follows:
DIVISION 6.3.
DEFINITIONS
Destination Resort Hotel · A means a transient lodging facility where patrons generally
stay for several days in order to utilize, enjoy, or otherwise participate in certain
amenities natural made ..... u .... ~,,~,.,, .................. ,~ ~,~ r,...,~- ~r ~n~:,~
, or man- , ou~. .~,,~-~ ~.
~-~.-s~"~':"" a ~o..~oo: ........ ~,':*'a*',~ including but not limited to: (i) direct access to the Gulf of
Mexico, (ii) on-site golf course and golgrelated facilities, (iii) health spa and/or fitness
center, (iv) other recreational amenities and on-site services, including full dining
services and cocktail lounge, entertainment rooms for video and movies, and concierge
services. Except that, for destination resort hotels fronting on the Gulf of Mexico, an on-
site golf course is not required. In all cases, a destination reso~ hotel must include full
dining services and a cocktail lounge, and not less than twenty-five(25) percent of the
gross floor area must be devoted to common usage and support service areas, such as but
not limited to fitness room, health spa, media room, meeting rooms, dining and lounge
facilities,and spaces in suppo~ of hotel functions.
Participant: A person who appears at a hearing examiner proceeding, in person or
through counsel or authorized representative and provides legal argument, testimony, or
other evidence. A participant is entitled to receive a written notice of the hearing
examiner's decision or recommendation. This term includes county staff and the applicant
where appropriate. Status as a participant under this Code is not intended to enhance or
diminish a person's standing in other legal proceedings, and as such will not alter a
person's standing under the common law or other applicable procedural rules lbr civil,
administrative, appellate, or other proceedings.
PSI (Pounds per Square Inch): Standard Formula for Establishing Ground-to-tire (PSI/)
Words struck thraugh are deleted, words underlined are added.
35
Formula for establishing a vehicles maximum ground-to-tire pressure in pounds per
square inch (psi) for vehicle on the beach and beach cleaning permit conditions (See
section 3.14.3): psi= Vehicle weight (lbs) / footprint (in2).
Example: 404 lbs (ATV weight) + 200 (person and equipment weight) / 198 inches2
(ATV with a 6"X8.25" foot print X 4 tires) = 3.1 psi
Right-of-way: A strip of land, public or private, occupied or intended to be occupied by a
street, crosswalk, railroad, electric transmission line, oil or gas pipeline, storm water
drainagewa-y facility, water main, sanitary or storm sewer main, or for similar special use.
The usage of the term "right-of-way" for land platting purposes shall mean that every
right-of-way, whether public or private, hereafter established and shown on a plat is to be
separate and distinct from the lots or parcels adjoining such right-of-way and not
included within the dimensions or areas of such lots or parcels. (See division 3.2.)
Structure: Anything constructed or erected which requires a fixed location on the ground,
or in the ground, or attached to something having a fixed location on or in the ground,
including buildings, towers, smokestacks, utility poles, and overhead transmission lines.
Fences and walls, gates or posts are not intended to be structures. (See division 3.4.)
Unauthorized communication: A direct or indirect communication, in any form, whether
written, verbal or graphic, with the earing examiner the hearing examiner's staff, by
or _
any person outside of a public hearing and not on the record, concerning substantive
issues in any proposed or pending matter relating to variances, conditional uses,
rezonings, or any other matter assigned by statute, ordinance, or administrative code to
the hearing examiner for decision or recommendation, except as otherwise permitted.
Yard: The required open space, unoccupied and obstqueted- unobstructed.by any structure
or portion of a structure from 30 inches above the general ground level of the graded lot
upward, provided, however, that fences and walls may be permitted in any yard subject to
height limitations indicated herein.
SUBSECTION 3.M.
AMENDMENTS TO VARIOUS DIVISIONS OF THE LAND
DEVELOPMENT CODE CREATING THE HEARING EXAMINER
PROGRAM
ARTICLE 1: GENERAL PROVISIONS
DIVISION 1.8 NON-CONFORMITIES
Sec. 1.8.6. Change in use.
If no structural alterations are made, upon application to the planning services director,
any nonconforming use of a structure, or of a structure and premises in combination, may
be changed to another nonconforming use of the same character, or to a more restricted
nonconforming use, provided the ~....~r,~ ^~ ~-:
.............. e, -vv ....hearing examiner,-upo~
.... ~:~.,: .... ,.~ a .... , ...........:.~ a:~,~ shall find after public notice and hearing
that the proposed use is equally or more appropriate to the district than the existing
nonconforming use and that the relation of the structure to surrounding properties is such
that adverse effect on occupants and neighboring properties will not be greater than if the
existing nonconforming use is continued, and so recommends to the board of county
the ..... of zomng -vt, .... hearing examiner
commissioners. In permitting such change, ~'~ '
may recommend, and the board of county commissioners may require~_appropriate
conditions and safeguards in accordance with the intent and purpose of this code.
Sec. 1.8.10.
Nonconforming structures.
Words struck through are deleted, words underlined are added.
36
1.8.10.4.
Nonconforming residential structures, which for the purpose of this section shall
mean detached single-family dwellings, duplexes, or mobile homes in existence at
the effective date of this zoning code or its relevant amendment and in continuous
residential use thereafter, may be altered, expanded, or replaced upon
........................................ J v ......... s .................... approval of the
b ..... o!" ' ,,7 hearing examiner.
Notwithstanding the foregoing restrictions as to reconstruction, any residential
structure or structures in any residential zone district may after destruction be
rebuilt after de, struct:.on to its the prior extent, height and density of units per acre
regardless of the percentage of destruction, subject to compliance with the
applicable Building Code requirements in effect at the time of redevelopment. In
the event of such rebuilding, all setbacks and other applicable district
requirements shall be met unless a variance therefor is obtained frolll the board of
~fi~rappea4s hearing examiner. For the purpose of this division, a hotel, motel,
or boatel shall be considered to be a residential structure.
Since the size and nature of the alteration, expansion, or replacement of such
nonconforming structures may vary widely, a site plan, and if applicable,
preliminary building plans indicating the proposed alteration, expansion, or
replacement shall be presen~d with each petition. Prior to granting such
alteration, expansion~ or replacement of a nonconforming single-family dwelling,
duplex or mobile home, the ~ .... ; ......
v ......... 6 ............... hearing examiner ,,.a
~c ..... , ........ ;~,,; ...... shall consider and base its his or her approval on the
following standards and criteria:
DIVISION 2.2.
Sec. 2.2.2.
2.2.2.3.
ARTICLE 2: ZONING
ZONING DISTRICTS, PERMITTED USES, CONDITIONAL USES,
DIMENSIONAL STANDARDS
Rural agricultural district (A).
Conditional uses. The following uses are permitted as conditional uses in the rural
agricultural district (A), subject to the standards and procedures established in
division 2.7.4.
23.
Cultural, educational, or recreational facilities and their related modes of
transporting participants, viewers or patrons where applicable, subject to
all applicable federal, state and local permits. Tour operations, such as, but
not limited to airboats, swamp buggies, horses and similar modes of
transportation, shall be subject to the following criteria:
(1)
Permits or letters of exemption from the US Army Corps of
Engineers, the Florida Department of Environmental Protection,
and the South Florida Water Management District shall be
presented to the Planning Services Director prior to Site
Development Plan approval.
(2)
The petitioner shall post the property along the entire property line
with no trespassing signs approximately every 300 yards.
(3)
The petitioner shall utilize only trails identified and approved on
the Site Development Plan. Any existing trails shall be utilized
before the establishment of new trails.
Words 'struck through are deleted, words underlined are added.
37
Sec. 2.2.23.
2.2.23.3.3.
Sec. 2.2.24.
(4) Motor vehicles shall be equipped with engines which include spark
arrestors and nmfflers designed to reduce noise.
(5)
The maximum size of any vehicle, the number of vehicles, and the
passenger capacity of any vehicle shall be deternfined by the Boar~
of 7 .... : .... ,~ ..... ~" during the conditional use process.
(6)
Motor vehicles shall be permitted to operate during daylight hours
which means, one hour after sunrise to one hour before sunset.
(7) Molestation of wildlife, including feeding, shall be prohibited.
(8)
Vehicles shall comply with State and United States Coast Guard
regulations, if applicable.
(9)
Annua ,a c .............. s,wv
conditional uses for tour operations, ·
_ ~, ........ j shall be reviewed by
tile hearing examiner. If during the review, at an advertised public
hearing meeting the requirements of section 2.7, it is determined
-: .................. 6, wv .... that the tour operation is
detrimental to the environment, and no adequate corrective action
has been takep by the petitioner, then the hearing examiner will
recommend to the Bboard of *~:~
- ~ ...... 6, wv .... county
commissioners ~ that it rescind the conditional use at an
advertised public hearing meeting the requirements of section 2.7·
Airport overlay district (APO): special regulations for specified areas in and
around the airports in Collier County.
Variances. Any person desiring to erect or increase the height of any structure or
use his property not itl accordance with the regulations prescribed in this
~ Code may apply to the n .....
.............. ~, · 'vt- .... hearing exalniner for
a variance fi'om such regulations pursuant to Section 2.7.5. of this Code, except
for provisions herein or by Chapter 333, F.S., that are not variable.
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.
2.2.24.5.
2.2.24.6.
2.2.24.6.1.
Site alteration plan or site development plan approval 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, as the case may be, by
................. .j, .................. as provided in section 2.2.24.6.
Procedures for site alteration plan or site development plan approval for
development in ST or ACSC-ST designated land.
Preapplication 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 preapplication conference with the d,e~lepme~ planning services director
and appropriate county staff. The preapplication conference is for the purpose of
guidance and information, and for insuring insofar as is possible, that the petition
is in conformity with these regulations. No petition for the site alteration or site
development approval will be accepted for formal processing until the
&wet,proem planning services director has reviewed the petition to determine
that all required data is included; a minimum of 30 days shall be allowed for this
phase of the review process. County staff shall visit the site, where appropriate.
Words ~' .... ~. a. ..... ~.
............. &.. are deleted, words underlined are added.
38
2.2.24.6.2.
2.2.24.6.3.
Review and recommendation by,.,,.'t ...... v,.~,,~,,,,,.,,~ ........... planning services director,
.t ...... ; .............. ;,.,.: .... and~.,, ...... v ~,; ............... ~.,,,,,,., ,,~,~t .,.t.,; ........
P ......... 6 "~ ' ~o~, 2 decision hearing
examiner. The site alteration plan or site development plan shall be submitted to
the ~ planning services director who shall have it reviewed by the
appropriate county staff. The ~ planning services director shall then
forward the site alteration plan or site development plan and the county staff
recommendationstu'~ the ~' .... : ....... :""; .....
~ ..... a m a u~ hearing examiner for review and .........
.................. n a final
determination by the hearing examiner within thirty (30) days.
Final action by~.~.~,, ~' .... ,*'~ ,v"c ~.~,,~ .............. ~,,,.,.~,~.,,~,;~; ..... ~, Final action on the site alteration
plan or site development plan lies with the ~' .... a ^r ............ :~,.: .....
hearing examiner as action on an administrative matter. The board hearing
examiner shall review the proposed site alteration plan or site development plan ia
r~ge6a,-sessm~and shall act formally by i:esotutio~ a written decision stipulating
reasons for approval, or approval with modification, or denial of the site alteration
plan or development plan. ~
Sec. 2.2.26.
Golden Gate Parkway Professional Office Commercial Overlay District
(GGPPOCO): special conditions for the properties abutting Golden Gate
Parkway east of Santa Barbara Boulevard as referenced in the Golden Gate
Parkway Professional Office Commercial District Map (Map 2) of the
Golden Gate Area Master Plan.
2.2.26.3.14.
Variance request. Owners of isolated lots, as of February 5, 1991, (The Adoption
of the Golden Gate Master Plan), may petition the t. .... a ~r ~.;.~
.............. e, appeals
hearing examiner for a variance froln the standards in this district as will not be
contrary t_9__o the public interest when owing to special conditions peculiar to the
property, a literal enforcement of these standards would result in unnecessary and
undue hardship. The procedures and standards for granting such variance shall be
similar to those set forth in section 2.7.5.6 and the following: The variance shall
not confer on the petitioner special privileges denied to others in the same zoning
district; the variance shall not be injurious to the surrounding neighborhood or
otherwise detrimental to the public welfare; and the variance shall be the
minimum variance that makes possible a reasonable use of the land, building or
structure.
Sec. 2.2.28. Immokalee Overlay Districts.
2.2.28.3.3.2.
Owners of lots or combinations of lots having less than the required street
frontage may petition the ~' .... a ~c zoning .......~"
........ vt~ .... hearing examiner for a variance
from the standard in this sub-district as will not be contrary to the public interest
when owing to special conditions peculiar to the property, a literal enforcement of
these standards would result in unnecessary and undue hardship.
2.2.28.4.3.2.
Owners of lots or combination of lots having less than the 150-foot of required
frontage may petition the ~.~a ^r ~.: ....... ,~
.............. e, -vt-' .... hearing examiner for a variance
from the standard in this sub-district as will not be contrary to the public interest
when owing to special conditions peculiar to the property, a literal enforcement of
these standards would result in unnecessary and undue hardship.
Sec. 2.2.32. Santa Barbara Commercial Overlay District (SBCO).
Words str'.'.ck through are deleted, words underlined are added.
39
2.2.32.3.14.
Variance request. Owners of property within the Santa Barbara Commercial
Overlay District may petition the bc3ard,,,Ar zoning ,,vv,--,o~" hearing examiner for a
variance from the standards in this district (Sec. 2.2.32.3.1. and Sec. 2.2.32.3.4-
2.2.32.3.13) as will not be contrary to the public interest when, owing to special
conditions peculiar to the property, a literal enforcement of these standards would
result in unnecessary and undue hardship. The procedures and standards for
granting such variances are as set forth in section 2.7.5.6. of this code.
Sec. 2.2.33. Bayshore Drive Mixed Use Overlay District.
2.2.33.12 Parking Standards
10.
Shared parking requirements shall be consistent with those provided in
subsection 2.3.4.11.2.c. of the code except that the planning services
department director can approve or deny requests instead of the hearing
examiner
.............. ~ "m' ...... t' ......... ~ ................Shared
parking spaces can be separated by Bayshore Drive provided the two
properties are located within the BMUD.
2.2.33.20 Special conditions for marinqs
Height of structures may be increased to a maximum height of 50
feet by ~ ~' .... a ~,~,: ........ ,,, mv^ ~ upon approval of a
variance petition. T-!~-q3Z-Aw4 !n addition to the findings in
section 2.7.5, the hearing examiner shall consider whether or not
the literal interpretation of the provisions of this zoning code
impose a financial hardship on the applicant.
DIVISION 2.3. OFF-STREET PARKING AND LOADING
Sec. 2.3.4. Off-street vehicular facilities: design standards.
2.3.4.1 I.
Locational requirements.
2. Exemptions to locational requirements:
c. Parking exemption.
The ~,~,~A c ~;....... 1~
..... o ........ e, -vt-, .... hearing examiner, after review
and recommendation by the ~: ...... ;~:~ county
staff, may approve a parking exemption under the
following circumstances:
(1)
The permitted use and the proposed off-site parking
lot are separated by a collector or arterial roadway;
(2)
The lot proposed for off-site parking is not zoned
commercial;
(3)
Shared parking, in which two or more permitted
uses utilize the same, or a portion of the same
required parking.
Words struck *~ ....... ~' are deleted, words underlined are added.
4O
(4)
Parking reservation, in which the petitioner believes
that the number of required parking spaces is
excessive and wishes to reduce the number of
parking spaces required to be constructed, while
reserving the land area for future parking spaces if
determined necessary by the planning services
director, or the ~' ..... '~ ~' .... ; ........ ~" lng
examiner.
The ~' ~--; ...... :°~:"" hearing examiner ~x.~t4he4ma~
......... 6 -vt, .... shall consider the following criteria for
the approval of a parking exemption:
Sec. 2.3.16.
Off-street parking and stacking: required amounts.
Minimum 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 ten feet behind the middle of the
pickup window) and is computed at 20 feet per vehicle (turns are computed at 22
feet per vehicle, measured at the outside of the driveway). Stacking for one lane
may be reduced if the reduction is added to the other lane(s).
Child care/day nursery/
adult day care center
Church/house of worship/temple/
Synagogue
1 per employee of the largest workshift plus 1
space for every 10 children/adults. In addition,
adequate dropoff and pickup areas shall be
provided.
3 for each 7 seats in chapel or assembly area.
Other uses are not counted except for residential
uses. A reduction of this standard to a minitnum
of I space for each 4 seats, may be applied for in
conjunction with an application'{or a site
development plan, through the ~'^"~'~'-,,--,
appeals hearing examiner after review and
recommendation of the ~' .... ; ......
county staff. This reduction will only be allowed
for expansion created by congregational growth,
for existing church buildings where the applicant
can demonstrate a significant hardship exists.
DIVISION 2.4. LANDSCAPEING AND BUFFERING
Sec. 2.4.5. Minimum landscaping required for vehicular use areas.
2.4.5.1.
Applicability. 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 maximum
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 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, mobile home
dwelling units, and dwellings on individually platted lots. Any appeal from an
administrative determination relating to these regulations shall be to the board of
~ hearing examiner as an appeal of an administrative matter ov
equivatem. 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
Words :;truck t!u'tmgh are deleted, words underlined are added.
41
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.
DIVISION 2.5. SIGNS
Sec. 2.5.5. Permitted signs.
2.5.5.1.2.
Real estate sights. The following signs classified as real estate signs shall be
permitted in residential districts subject to the following:
One ground sign with a maximum height of 6 feet or wall "For Sale," For
Rent," or similar sign, with a maximum of four square feet in size, per
street frontage for each parcel, or lot less than one acre in size. Said sign
shall be located no closer than ten feet from any adjacent residentially
used property and may be placed up to the property line abutting a right-
of-way, provided it is a minimum of ten feet from the edge of pavement.
(No building permit required.)
One ground sign with a maximum height of 8 feet or wall "For Sale," "For
Rent," or similar sign, with a maximum of 12 square feet in size, per street
fi-ontage for each parlcel, or lot one to ten acres in size. (No building permit
required.)
One pole sign with a maximum height of 15 feet or wall "For Sale," "For
Rent," or similar sign, with a maximum of 64 square feet in size, per street
frontage for each parcel or lot in excess ten acres in size.
Real estate signs shall not be located closer than 10 feet from any property
line. In the case of undeveloped parcels where the existing vegetation may
not allow the location of the sign 10 feet from the property line, the
planning services director may allow a reduction in the amount of the
required setback however, in no case shall said sign be located closer than
five feet from any property line unless authorized by the be, ard cf zoning
appeals hearing examiner through the variance process.'
2.5.5.2.
Signs within non-residential districts:
2.5.5.2.3.
Real estate signs: The following signs classified as real estate signs shall be
permitted in non-residential districts subject to the folk)wing:
One ground sign with a maximum height of 10 feet or wall "For Sale,"
"For Rent," or similar sign with a maximum area of twelve square feet in
size per street frontage for each parcel, or lot less than one acre in size.
(No building permit required.)
One ground sign with a maximum height of 10 feet or wall "For Sale,"
"For Rent," or similar sign, with a maximum 32 square feet in size, per
street frontage for each parcel, or lot one to ten acres in size. (No building
permit required.)
One ground sign with a maximum height of 15 feet or wall "For Sale,"
"For Rent," or similar sign, with a maximum of 64 square feet in size, per
street frontage for each parcel or lot in excess of ten acres in size.
Real estate signs shall not be located closer than 10 feet from any property
line. In the case of undeveloped parcels where the existing vegetation inay
Words "' .....~ '~' ...... ~'
............ e.. are deleted, words underlined are added.
42
not allow the location of the sign 10 feet fi'om the property line, the
planning services director may allow a reduction in the amount of the
required setback however, in no case shall said sign be located closer than
five feet from any property line unless authorized by the ~' ....,4 .r.~.:~.
appeals hearing examiner through the variance process.
Sec. 2.5.11. Variances.
The hearing examiner, t. ....,4 ~c .~: ........ ,,.
.............. ~ -vv .... based upon the evidence given in public hearing,
and the findings of the planning commi:;'sion hearing examiner should determine to the
lnaximum extent possible if the granting of the variance will diminish or otherwise have a
detrimental effect on the public interest, safety or welfare. A variance fi'om the terms of this
zoning code may be granted based on the requirements of section 2.7.5. or where it can be
demonstrated that a sign has significant historic or community significance, and pursuant to the
criteria and procedures set forth in section 2.7.5 of this code. In granting any variance, the
......... e, ,~vv, .... hearing examiner may prescribe the following:
Appropriate conditions and safeguards in conformity with this code or other applicable
county ordinances. 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 code.
A reasonable time limit within which the action for which the variance required shall be
begun or completed or both.
DIVISION 2.6. SUPPLIMENTAL DISTRICT REGULATIONS
Sec. 2.6.10. Locational restrictions for businesses serving alcoholic beverages.
2.6.10.1.1.
No such use shall be located within 500 feet of any established elementary,
middle or high school, child care center, public library, church, public park, or
public playground, unless a waiver of said distance requirement is granted by a
,.,, ~,~'-; ......... ' ....... '"*;~" the hearing examiner pursuant to section
board ~r .......r:, "er ...............
2.6.10.3. This does not include beach access points. The distance of 500 feet shall
be measured as the shortest distance between the lot on whicfi the school, child
care center, public library, church, public park or public playground is located and
the lot on which the alcoholic beverages are to be sold, except that establishments
located in shopping centers shall be ineasured to the outer wall of the
establishment.
2.6.10.3.
Waiver of distance requirement. The hearing examiner ~'^~,4 ^"' ~: ........ '"
may, by,,~o,~,,.,,,~,,,,"";~" grant _a waiver of part or all of the minimum distance
requirement set forth in section 2.6.10. if it is demonstrated by the applicant and
determined by the hearing examiner board ~r ~._: ....... ,,.
......... ~, -vv .... that the site
proposed for the sale and consumption of alcoholic beverages is separated from
an established business whose primary function is the sale of alcoholic beverages
for consumption on premises, school, child care center, public library, church,
public park or public playground by natural or manmade boundaries, structures or
other features which offset or limit the necessity for such minimum distance
requirement. The hearing examiner's t. .... .~ ~c ~.; ....... ,,o
.............. o -vt- .... decision to waive
part or all of the distance requirement shall be based upon the following factors:
2.6.10.3.1.
The nature and type of natural or manmade boundary, structure or other feature
lying between the proposed establishment and an existing school, child care
center, public library, church, public park or public playground which is
determined by the hearing examiner boar~ of zoning appeal:; to lessen the need
tbr the total 500-foot distance requirement. Such boundary, structure or other
feature may include, but not be limited to, lakes, marshes, nondevelopable
wetlands, designated preserve areas, canals, and major rights-of-way.
Words arrack '~' ....... t,
...... s- are deleted, words underlined are added.
43
2.6.10.3.4.
Prior to consideration of such waiver by the hearing examiner t.~.a~,.,,.,~ .,.~' -~-,,-.,~'~";""
appeals, the applicant shall provide to the planning services director a written
application for waiver of the distance limitation on an application form supplied
by the planning services director, including a legal description of all applicable
structures with a survey or boundary sketch to scale, and such other information
which the applicant can supply which would assist the hearing examiner board cf
zom~ in -ifs his evaluation pursuant to the factors set forth above. Upon
receipt of the applicant's application and the applicable application fee established
by the hearing examiner board ~ ..... ' .......:"": .....
........ j ................... a public hearing date
shall be scheduled before the hearing examiner ~,~,.4 ...... ,of ~-:,,, .... ....... ~ -vt, .... ~'~ for a
determination on the proposed waiver. The applicant shall notify, by certified
mail, the owners or representatives of the subject school, child care center, public
library, church, public park or public playground, of the application at least 15
days prior to the public hearing; and evidence of such notification shall be
supplied to the planning services director.
Sec. 2.6.21. Dock facilities.
2.6.21.3.
Dock facility extension; boathouse establishment criteria. Additional
length/protrusion beyond said respective distances specified in section 2.6.21.2.1
and 2.6.21.2.2 for dock facilities; and all boathouses, regardless of the extent of
the protrusion into the waterway or the width of the waterway, shall require public
notice and a hearing by the r,~u~, r, .... ,, m,,,:,~
............. ; .......... ~ ............. n hearing
examiner. As to any boat dock extension petition upon which the
c .............. hearing examiner takes action, pursuant to section 5.2.11 5.5.5 of this
Code, an aggrieved petitioner or adversely affected property owner may appeal
such final action as set forth in section 5,5.6. ta '~ ~-~ ~v .~.: ......... ,,.
commission hearing examiner shall base its his or her decision for approval,
approval with conditions, or denial, on the following criteria: '
2.6.21.3.3.
If deemed necessary based upon review of the above criteria, the hearing
examiner 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
safcty and welfare of the public. Such conditions may include, but shall not be
limited to, greater side setback(s), and provision of light(s), additional reflectors,
or reflectors larger than four inches.
2.6.21.3.11.
If deemed necessary based upon review of the above criteria, thev--,,,,,,,~,-'~--:--
c .............. hearing examiner may impose such conditions upon the approval of an
extension request-it he or she 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 inches, and prohibiting or permitting mooring
on the outside of the dock facility,
2.6.21.4.
Boathouse requirements: Boathouses, including any roofed structure built on a
dock, may be approved by the hearing examiner using the same procedures
described in section 2.6.21.3; however, the criteria in section 2.6.21.3. shall apply
only to simultaneous application for both a dock extension and a boathouse. In
cases where the boathouse is to be constructed on an existing, legally permitted,
dock, these criteria shall not apply since the dock itself is already in compliance
with the code. In all cases, the following additional criteria shall apply to
Words str...'.,zk thre, ugk are deleted, words underlined are added.
44
boathouses, and all of these criteria must be met in order for the hearing examiner
to approve the request ·
Sec. 2.6.27. Cjuster development.
2.6.27.4.6.
Additional reduction to development standards for common architectural thetne
projects. Additional reduction to the development standards provided at sections
2.6.27.4.2, 2.6.27.4.3, 2.6.27.4.4 and 2.6.27.4.5 may be approved by the Collier
Count)'v,-,,,,,,,rs ~1 .... ; ....... ,,,~,,,,,,,o~,~,,,;"":'-- lbr projects defined as common architectural theme
projects. In determining whether or not a project qualifies as a common
architectural theme project, and if so, the amount of the reduction to development
standards which may bc approved, the hearing examiner must find and the board
of commissioners shall determine that all of the following design features are
incorporated into the project:
Sec. 2.6.28. Automobile service stations.
2.6.28.4.
Waiver of distance requirements. The hearing examiner ~- .... ~ -~'-~: ........ ~
lnay,-t:w-r~-~at~it4~, grant a xiaiver of part or all of the minimum separation
requirelnents set forth in section 2.6.28. if it is demonstrated by the applicant and
determined by the hearing examiner board "~' ~: ......... i,,
......... ~ ~vv .... that the site
proposed for development of an automobile service station is separated from
another automobile service station by natural or man-made boundaries, structures
or other features which offset or limit the necessity for such minimum distance
requirements. The hearing examiner's ~.~.no~..~ ~.~e =~,--6'~":"~ appeals decision to waive
part or all of the distance requirements shall be based upon the following hctors:
2.6.28.4.2.
Additional conditions. The hearing examiner t, .... ,4 ~r ,~,;,,
.............. e, appeals shall have
the right to add additional conditions or requirements to its approval of a distance
waiver request in order to insure compatibility of the automobile service station
with the surrounding area and the goals and objectives of the Growth
Management Plan.
Sec. 2.6.35. Communications towers.
2.6.35.6.26
Additional findings for variance and conditional use applications. In addition to
the findings for conditional use applications and variance applications as required
in sections 2.7.4 and 2.7.5 respectively of this code, the following additional
findings shall be made by the Collier County ~--:
v ......... e, ............... hearing
examiner or the board of county commissioners~ as may be applicable when
considering such applications:
Division 2.7. Zoning Administration and Procedures
Sec. 2.7.2. Amendment procedures.
2.7.2.1.
Purpose and intent. This zoning code and the official zoning atlas may, from time
to time, be amended, supplemented, changed or repealed. Procedures shall be as
follows:
2.7.2.2.
Initiation of proposals for amendment. A zoning amendment may be proposed
by:
2.7.2.2. I. Board of county commissioners.
2.7.2.2.2. Planning commission.
Words 'gtruck t~r~3ugl~ are deleted, words underlined are added.
45
2.7.2.2.3.
2.7.2.2.4.
2.7.2.2.5.
Board of zoning appeals.
Any other department or agency of the county.
Any person other than those listed in subsections 2.7.2.2.1--2.7.2.2.4 above;
provided, however, that no person shall propose an amendment for the rezoning
of property (except as agent or attorney for an owner) which he does not own. The
name of the owner shall appear in each application.
All proposals for zoning amendments shall be considered first by the planning
commission or hearing examiner in the manner herein set out.
All proposals for zoning amendments shall be submitted in writing to the office of
the d,e~cqopme~ planning services director accompanied by all pertinent
information required by this zoning code and which may be required by the
planning commission or hearing examiner 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 planning commission or hearing examiner until such fees and
charges have been paid.
Sec. 2.7.4.
2.7.4.1.
2.7.4.2.
Conditional uses procedures.
General. A conditional use is a use that would not be appropriate generally or
without restriction throughout a particular zoning district or classification, but
which, if controlled as to number, area, location, or relation to the neighborhood,
would promote the public health, safety, welfare, morals, order, comfort,
convenience, appearance, 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 thev,,-,--,s -~ .... : ........ ,.,_,,,,.oo,,,,,:"":'-- hearing examiner in the manner herein set out.
Decisions regarding conditional uses shall be quasijudicial in nature.
Written petition. A written petition for conditional use shall be Submitted to the
~ planning services director indicating the basis in this zoning code
under which the conditional use is sought and stating the grounds upon which it is
requested, with particular reference to the types of findings which the board of
z~ county commissioners must make under section 2.7.4.4. The
petition should include material necessary to demonstrate that the grant of
conditional use will be in harmony with the general intent and purpose of this
zoning code, will be consistent with the growth management plan, will not be
injurious to the neighborhood or to adjoining properties, or otherwise detrimental
to the public welfare. Such material shall include, but is not limited to, the
following, where applicable:
2.7.4.3.
2.7.4.4.
Notice and public hearing. Notice and public hearing by thev~,,,,,,e,~";~
COh~hql[SS'~Oll hearing examiner and the board of zo~eg-apt~m~ 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 quasizjudicial in nature.
Findings. Before any conditional use shall be recommended for approval to the
board of ~hvg4Hvp~ats county_ commissioners, the v.~...-.-6~l~-; ...... ..,.,.....oo....;"~:^~ hearing
examiner shall make a finding that the granting of the conditional use will 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 arrangement has been made concerning the
following matters, where applicable:
Words struck t~mug~ are deleted, words underlined are added.
46
2.7.4.5.
Conditions and safeguards. In recommending approval of any conditional use,
thev.~..,..e, ~ .... ; ........ ..,.......,o.,.,.:"":~ hearing examiner 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 under which the
conditional use is granted, shall be deemed a violation of this zoning code.
2.7.4.5.3.
2.7.4.6.
2.7.4.7.
2.7.4.8.
Sec. 2.7.5.
2.7.5.1.
The board of~ county commissioners may grant a maximum of one
one-year extension of an approved conditional use upon written request of the
petitioner following recommendation of the hearing examiner.
Denial. If the ~"":v."---.6 ...... ~......oo.,.,.:"°:~" hearing examiner 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 section 2.7.4.4 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.
~ ..... ;"- ,~ .............. hearing examiner report and recommendations.
Status ofp ......... 6 ....
The report and recommenda[ions of the ~-:
v ......... ~ ............... hearing examiner
required above shall be advisory only and shall not be binding upon the board of
county commissioners
Boa rd of zoning ......~ ~ ,, ..............
m'r ....count_); commissioners action on planning .....
hearing examiner report.
Upon receipt of thev,----,s ~ .... : ....... ,,,,,,,,oo,,,,:"": ..... o hearing examiner's report and
recommendations, the board of zo~ county commissioners shall
approve, by resolution, or deny a petition for a conditional use. Action on ::l:the
approval of a conditional use petition shall will require four affirmative votes of
said board.
Variance procedures.
Purpose. In specific cases, variance from the terms of this zoning code may be
granted by the hearing exanfiner where said variance will not be contrary to the
public interest, safety, or welfare and where owing to special conditions peculiar
to the property, a diminution of a regulation is found to have no measurable
impact on the public interest, safety or welfare; or a literal enforcement of the
zoning code would result in unnecessary and undue hardship, or practical
difficulty to the owner of the property and would otherwise deny the property
owner a level of utilization of his/her property that is consistent with the
development pattern in the neighborhood and clearly has no adverse effect on the
community at large or neighboring property owners.
The board of ~^-:"- ~.~o~a a.~
....... ~ appeals ..... upon ....evidence given in public hearing, and
the findings and conclusions of the m~..;., r~:,. ·
.......... ~ .......... s~on hearing examiner
should determine to the maximum extent possible if the granting of the variance
will diminish or otherwise have detrimental effect on the public interest, safety or
welfare. A variance lrom the terms of this zoning code may be granted based on
the requirements of this section.
2.7.5.4.
Notice of .......... m_~_: .... 6 f',-- .............. .... :~":~ hearing examiner public hearing. Notice of
public hearing before the m .... ;~
.......... e3 ............... hearing exanfiner is given at least
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 the public hearing shall be prominently posted on
Words 'struck thrr;ugh are deleled, words underlined are added.
47
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 15
days prior to the hearing.
Notice of the time and place of the public hearing before the D,._~:~
Commi's:;ion hearing examiner shall be sent at least 15 days in advance of the
hearing by mail to all owners of property within 300 feet of the property lines of
the land for which a variance is sought.
2.7.5.5.
.......... 6 ............... Hearing examiner public hearing. The public hearing(s)
shall be held by the m ....:,, t-, .... :,,o;~,
.......... ~ ................ hearing examiner. Any party may
appear in person, by agent or attorney, or may submit written comments to the
~_121anning gservices Ddirector.
2.7.5.6.
Findings. Before any variance ,.u.,, may be ........ a~a e ..........,
.......................... vv ..... to the
.............. ~ .~ ..... approved the m
.......... 6 ............... hearing examiner
's~all will consider and be guided by the following standards in making a
determination:
2.7.5.7.
Conditions and safeguards. ~ ......... a: ........... , ~.c ......... : .... tThe
.., .... : ........ :~,4~. hearing examiner may reeommemt impose appropriate
conditions and safeguards in conformity with this zoning code including, but not
limited to, reasonable time limits within which the action for which the variance is
required shall be begun or completed, or both. In the case of after-the-fact
variances, thel.,,ts,,,,,x,s-l~--; ...... ,.,_...,,,oo,,.,,,:"'"~- hearing examiner may ~-~m:mnend impose,., as
a condition of approval, that in the case of the destruction of the encroaching
structure, for any reason, to an extent equal to or greater than 50 percent of the
actual replacement cost of the structure at the time of its destruction, any
reconstruction shall conform to the provisions of this Code in effect at the time of
reconstruction. 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.
r, ........... ~"';~- ofdDenial. If the -'
..................... -- v ......... 6 ............... hearing examiner
recon,mend:; denial of denies a variance request, it the record shall state fully
~the hearing examiner's reason for doing so. Such reasons shall take
into account the factors stated in section 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.
Status of ~, ......... 6 ..... :""; .... hearing examiner report and regoning
recommendations. The report,.,,,,~-a .,.,~,,,,.,,,.,,.,~,,.,.a"*;~" of the ~
hearing examiner required above shall be final in all cases except those requests
for variances which accompany and are a pan of a petition for rezoning, in which
case the report will be included with the hearing examiner's recommendation for
the rezoning request and be advisory only and shall not be binding upon the board
of county commissioners
_ ,~ ...... ~, appeals.
Words slr'ack through are dcleted, words underlined are added.
48
Sec. 2.7.6.
Building or land alteration permit and certificate of occupancy compliance
process.
Zoning action on building or land alteration permits. The planning
services director shall be responsible for determining whether applications
for building or land alteration permits, as required by the Collier County
building code or this code are in accord with the requirements of zoning
code and the land development code, and no building or land alteration
permit shall be issued without written approval that plans submitted
conform to applicable zoning regulations, and other land development
regulations. For purposes of this section a land alteration permit shall
~nean any written authorization, to alter land and for which a building
permit may not be required. Examples include but are not limited to
clearing and excavation pernfits, site development plan approvals,
agricultural clearing permits, and blasting permits. No building or
structure shall be erected, moved, added to, altered, utilized or allowed to
exist and/or no land alteration shall be permitted without first obtaining
the authorization of the required ~"~'~"""=~"~-,s permit(s), inspections and
certificate(s) of occupancy as required by the Collier County building code
or this code: and Additionally, no building or land alteration permit
application shall be approved by ,u~ ~,~..~ ........ ; .... a; ........ ~ ,~.~
...... *;~" moving ..~a;,;~ ~ ..... , .... ,;~- ~c any ~..;,a; ...... , ...........
........... ~ ...........unless ~ a written order from '~
............. o an a mtn strave ew of*h~
~,,u ~, ~,,,,,s -vw-,o ,,,~ an
imerprelmion~ or variances from lhe hearing examiner as provided by this
code is obtained, or unless ~a written order fi'om a courl or
tribunal ~ of competent jurisdiclion is obtained.
DIVISION 3.9.
Sec. 3.9.6.
3.9.6.4.
ARTICLE 3: DEVELOPMENT REQUIREMENTS
VEGETATION REMOVAL, PROTECTION, AND PRESERVATION
Review Procedures.
Exceptions.
3.9.6.4.8.
The Collier County~',,.,,-,,,,o ~' .... : ...... ,.,...,,,,,,.,o,,.,,,;"";"" hearing examiner may grant a variance
to the provisions of this section if compliance with the mangrove tree preservation
standards of this division would i[npose a unique and unnecessary hardship on the
owner or any other person in control of affected property. Relief shall be granted
only upon demonstration by the landowner or affected party that such hardship is
peculiar to the affected property and not self-imposed, and that the grant of a
variance will be consistent with the intent of this division and the growth
management plan.
Words '~;t,"ldCk through are deleted, words underlined are added.
49
ARTICLE 5: DECISION-MAKING AND ADMINISTRATIVE BODIES
DIVISION 5.1. BOARD OF COUNTY COMMISSIONERS
Sec. 5.1.1. Powers and duties.
In addition to any authority granted to the board of county commissioners by general or special
law, the board of county commissioners shall have the following powers and duties:
5.1.1.1.
To initiate, hear, consider, and adopt amendments to either, or both the text cf the
............. a b,'-' ............ s .... ,~,,~ an or the ........... 1,,~n ~ .... 1 ..... F ........... · ~n~ future
land use map of the Collier County growth management plan.
5.1.1.2.
To initiate, hear, consider~ and adopt amendments to either, or both the land
p c..,...... I .... t .....
dcvclo ment code, , ............. map of"-~ r-~.,,:~.~ r- ................. ,.
....... s ........ t- .... or the official zoning atlas of the land development code.
5.1.1.3.
To designate and appoint hearing examiners or officers to make decisions or
recommendations as the board may deem appropriate.
5.1.1.4.
To act to ensure compliance with development orders or permits as approved and
issued.
5.1.1.5.
To establish reasonable fees to be paid by applicants to recoup the county's
expenses and other costs and to reimburse the county for the administrative time
and cfl~)rt spent in accepting, processing, reviewing, or enforcing development
orders, development permits, or any other development approvals or applications.
5.1.1.6.
To take such other action not delegated to the planning commission, the board of
zoning appeals, the hearing examiner, the building board of adjustments and
appeals, or the heads of county departments, county divisions and county sections
as the board of county comnfissioners may deem desirable and necessary to
implement the provisions of the Collier County growth management plan, the
land development code, and any other legitimate governmental interest.
Sec. 5.1.2. Public participation.
Participation be_fore Board of County Commissioners; goning matters. At public hearings on
zoning matters including conditional use petitions, any participant or his representative at the
proceeding before the hearing examiner will be afforded the right to address the board of county
commissioners, but only as to the correctness of findings of fact or conclusions of law contained
in the record, or to allege the discovery o1' relevant new evidence which was not known by the
participant at the time of the hearing before the hearing examiner and not otherwise disclosed in
the record. The board of county commissioners may, upon approval of a motion, elect to hear
testimony or to receive other evidence from persons other than participants or their
representatives who appeared before the hearing examiner, subject to the foregoing limitations
regarding comments on matters within the written record and new evidence. The board of county
commissioners may orally question its staff, its attorneys, and any participant or person who is
present about matters contained in the written record and points of law or procedure
DIVISION 5.2. PLANNING COMMISSION*
Sec. 5.2.1. Establishment and purpose.
There is hereby established a planning commission.
Sec. 5.2.2. Powers and duties.
The planning commission shall have the following powers and duties:
5.2.2.1. To serve as the local planning agency (LPA), and land development regulation
commission as required by F.S. §§ 163.3174 and 163.3194.
Words struck throug~ are deleted, words underlined are added.
5O
5.2.2.2.
To prepare or cause to be prepared the Collier County growth management plan
or element or portion thereof and to submit to the board of county commissioners
an annual report recommending amendments to such plan, element or portion
thereof.
5.2.2.3.
To prepare or cause to be prepared the land development regulations and code to
implement the Collier County growth management plan, and to sublnit to the
board of county commissioners an annual report recominending amendments to
the land development code.
5.2.2.4.
To initiate, hear, consider and make recommendations to the board of county
commissioners on applications fox' amendment to the text of the Collier County
growth management plan and the 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 future land use map of the
Collier County growth management plan or the official zoning atlas of the land
development code.
5.2.2.6.
5.2.2.7.
To make its special knowledge and expertise available upon 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.
5.2.2.8.5.2.2.7. To recommend to the board of county commissioners additional or amended
rules of procedure not inconsistent with this division to govern the planning
commission's proceedings.
5.2.2.9.5.2.2.8. 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
tnade a part hereof, as said chapter has been or may be amended.
5.2.2. lO. 5.2.2.9. To consider and take final action regarding preliminary subdivision plats
processed pursuant to the provisions of division 3.2.
Sec. 5.2.3. Commission membership.
5.2.3.1.
Qualifications. Members of the planning commission shall be permanent residents
and qualified electors of Collier County. Although no specific experience
requirements shall be necessary as a prerequisite to appointment, consideration
shall be given to applicants who have experience or who have shown interest in
the area of planning, zoning and related fields. Further consideration in the
appointment of planning commission members shall be made so as to provide the
planning commission with the needed technical, professional, business and/or
administrative expertise to accomplish the duties and functions of the planning
commission as set forth in this code. The appointment of all members to the
planning commission shall be by resolution of the board of county
commissioners. In the 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, the
board of county commissioners shall terminate the appointment of such person as
a member of the planning commission.
5.2.3.2.
Appointment. The planning commission shall be composed of nine members to be
appointed by the board of county commissioners.
5.2.3.3.
Initial appointments. Initial appointments to the planning commission shall be
made by selection from those members and/or alternates serving on the Coastal
Area planning commission and those members and/or alternates serving on the
Words 'struck ti:rough are deleted, words underlined are added.
51
Immokalee Area planning commission immediately prior to the effective date of
Ordinance 85-51. The board of county commissioners shall designate seven
members from the regular members and/or alternates of the Coastal Area planning
commission and two members from the regular members and/or alternates of the
Immokalee Area planning commission. If, for any reason, there is an insufficient
number of regular and/or alternate members from which to designate the
membership of the planning commission, the board shall request and accept
applications from the general public to complete the initial appointment of
lnembers to the planning commission. Initial members shall be appointed and
designated pursuant to resolution of the board of county comnfissioners.
5.2.3.4.
Reappointments. All reappointments to the planning commission shall be made so
as to achieve the following geographical distribution of membership:
One member: County Commission District No. 4.
Two members: County Commission District No. 1.
Two members: County Commission District No. 2.
Two members: County Commission District No. 3.
Two members: County Commission District No. 5 (one from Immokalee).
Sec. 5.2.4. Terms of office.
The initial terms of office of the planning commission shall be as follows:
Three members shall be appointed for a term of two years.
Three members shall be appointed for a term of three years.
Three members shall be appointed for a term of four years.
Thereafter, each appointment or reappointment shall be for a teYm of four years.
Each appointment and reappointment shall be made so that the terms of any two
members from a single commission district shall not expire in the same year.
At the first official meeting of the planning commission, the members of the
planning commission shall decide, by mutual consent, and thereafter recommend
to the board of county commissioners a term for each of the members that shall
address the requirements of section 3.2.3 5.2.3 of this code. After consideration
and approval of the recommendation of the planning commission, the board of
county commissioners may set forth the recommendation in the form of a
resolution. In the event that terms cannot be recommended for any reason, the ·
board shall adopt such resolution as it determines to be appropriate. The
resolution adopted by the board 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 successive 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 office.
Sec. 5.2.9. Staff.
The community '~ ....
planning commission.
planning services division shall
be the professional staff of the
Words struc!~ t~r~3ugh are deleted, words underlined are added.
52
Sec. 5.2.11. Appeals.
As to any land `4 .... ~ ......... :': ....... ~:~n,:,,
...... v ....... v ........... vv ......... action .upon which the planning commission
takes final action, an aggrieved petitioner, applicant or an aggrieved party may appeal such final
action to the board of county commissioners. An aggrieved or adversely affected party is defined
as any person or group of persons which will suffer an adverse affect to an interest protected or
furthered by the Collier County growth ~nanagement plan, land development code, or building
code(s). The alleged adverse interest may be shared in common with other members of the
community at large, but shall exceed in degree the general interest in community good shared by
all persons. The board of county commissioners may affirm, affirm with conditions, reverse or
reverse with conditions the action of the planning commission. Such appeal shall be filed with
the ~ planning services director within 30 days of the date of the final action by the
planning commission and shall be noticed for hearing with the board of county commissioners,
as applicable, in the same manner as the petition or application was noticed for hearing with the
planning commission. The cost of notice shall be borne by the petitioner, applicant or aggrieved
party.
DIVISION 5.3. BOARD OF ZONING APPEALS*
Sec. 5.3.1. Establishment and purpose.
There is hereby established a board of zoning appeals.
Sec. 5.3.2. Powers and duties.
The board of zoning appeals shall have the following powers and duties:
5.3.2.1.
To hear, review and approve, approve with conditions, or deny _appeals from
interpretations made by the d~ planning services dir4ctor or the long
range planning director or administrative decisions pertaining to the growth
management plan, the future land use map, the land development code, or the
official zoning atlas by thc de~ planning services director 03' the long
range planning director or their designees.
5.2.2.3.5.3.2.2. To make its special knowledge and expertise available upon written request and
authorization of the board of county commissioners to any official, department,
board, or commission of the county.
5 ....... 5.3.2.3. To recommend to the board of county commissioners additional or amended
rules of procedure not inconsistent with this division to govern the hoard of
zoning appeals' proceedings.
5.2.2.5.5.3.2.4. To perform those functions, powers and duties of the board of zoning appeals 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. from time to time
be amended.
Sec. 5.3.3.
5.3.3.1.
Board membership.
Qualifications. Members of the board of ad~ zoning appeals shall be
qualified electors in Collier County and residents of the county for two years prior
to appointment. In the 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, the
board of county commissioners shall terminate the appointment of such person as
a member of the board of zoning appeals.
....... t., ..... 6, are deleted, words underlined arc added.
Words ......,u ..... u
53
5.3.3.2.
Appointment. The board of county commissioners may appoint a board or boards
of zoning appeals for its planning area or areas, or may act as such board or
boards of zoning appeals itself. Boards of zoning appeals shall have not less than
five nor more than ten members. Not more than two members of a board of
zoning appeals ii,ay be inembers of a planning connnission.
Sec. 5.3.7. Staff.
The,..,l.....,.,.~.~a" ,~,~a .... · ,~l,-,v,~.,~,,~' ..... ~ planning services division shall be the professional staff of the
board of adjustment.
Sec. 5.3.8. Quorum and voting.
No meeting of the board of zoning appeals shall be called to order, nor may any business be
transacted by the board of zoning appeals without a quorum consisting of at least three members
of the board of zoning appeals being present. All actions shall require a simple majority of the
members of the board of zoning appeals then present and voting ..... ~ c ..... a:~: .... , .......
Sec. 5.3.10.
5.3.10.1.
5.3.10.2.
5.3.10.3.
Operating procedures.
The board of zoning appeals 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 procedure shall be considered as if they were amendments to
this article.
All meetings and hearings of the board of ~ zoning appeals shall be
open to the public.
Public hearings shall be set for a time certain.
DIVISION 5.5. HEARING EXAMINER
Sec. 5.5.1. Office established.
Pursuant to the powers set forth in section 5.1.1.3., the office of hearing examiner is hereby
established. The hearing examiner shall have the powers and authority set forth in this division.
Sec. 5.5.2. Appointment~ qualifications.
The board of county commissioners shall appoint the hearing examiner, and may, as necessary,
appoint any deputy hearing examiners or hearing examiners pro tempore. Such hearing
examiners shall hold their positions at the pleasure of the board of county commissioners.
Appointment to, removal from, and qualifications for, such offices shall be according to an
administrative code specifically covering this subject matter.
Sec. 5.5.3. Funding.
The board of county commissioners shall establish the office of the hearing examiner and
appropriately budget such office annually.
Sec. 5.5.4 Conduct of meetings~ reports and records.
5.5.4.1.
Rules o_fprocedure. The board of county commissioners shall adopt rules for
transaction of hearing examiner business and the hearing examiner shall conduct
all required hearings or meetings pursuant to the provisions of applicable
regulations and administrative codes of the board of county commissioners.
Words 'struck thraugh are deleted, words underlined are added.
54
5.5.4.2.
5.5.4.3.
5.5.4.4.
5.5.4.5.
5.5.4.6.
Sec. 5.5.5.
5.5.5.1.
5.5.5.1.1.
5.5.5.1.2.
5.5.5.1.3.
Meetings. Meetings for the purpose of holding public hearings shall be scheduled,
noticed, and conducted pursuant to any applicable administrative codes and the
provisions contained in this Code.
Participation before hearing examiner. At a public hearing before the hearing
examiner, all persons will be heard as participants. However, the hearing
examiner has the right to refuse to hear testimony which is irrelevant, repetitive,
defamatory, or spurious, and to establish reasonable time limits on testimony.
Reports of decisions. After a public hearing is held, the hearing examiner shall
make a written report of his decision in accordance with the rules and procedures
set forth in this Code and any applicable administrative code, and provide a copy
of the report of decision to all parties of record, including participants, appropriate
county staff, including the county attorney and the county manager, and the Board
of County Commissioners.
Records.
(1)
The hearing examiner shall provide for a court reporter at all proceedings.
At a minimum, a summary of testimonies shall be provided in the report of
decision itself or as a separate document in addition thereto. Complete
transcripts of the entire record shall be provided only at an appellant's
request, and the appellant shall bear the costs thereof.
(2)
The hearing examiner shall keep indexed records of all meetings, agendas,
findings, determinations, and reports of decision. Such records shall be
public records.
Anendance at hearings. The hearing examiner may request staff members with
personal knowledge of relevant facts to attend hearings and produce relevant
documents, and shall advise the county manager of any failure to comply with his
requests.
Functions and authority.
Action on administrative matters:
Administrative recommendations, hearing examiner decisions. After staff review
and written recommendation on an administrative application directed by a
specific provision of this Code to be decided by the hearing examiner, a written
final decision will be rendered by the hearing examiner within thirty (30) days of
such meeting. In reaching his or her decision, the hearing examiner must consider:
the criteria for the type of application being requested, in
particular, those factors set forth in the recommendation of staff;
2. testimony from the applicant; and
3. testimony from any members of the public.
Administrative appeals, hearing examiner decisions. After staff or the planning
services director's review and determination on those administrative applications
which do not otherwise require a public hearing, but by specific provision of this
Code may proceed directly to the hearing examiner for review on appeal, will
result in final decision by the hearing examiner within thirty (30) days.
Judicial review. Judicial review of final decisions of the hearing examiner with
respect to administrative matters are to the circuit court in accordance with sec.
5.5.5.2.
5.5.6.
Variances.
Words 3truck t~r~,ugh are deleted, words underlined are added.
55
5.5.5.2.1.
5.5.5.2.2.
5.5.5.2.3.
5.5.5.2.4.
5.5.5.2.5.
5.5.5.3.
5.5.5.3.1.
5.5.5.3.2.
Function. The hearing examiner will hear and decide all requests for variances
from the terms of the regulations or restrictions of the zoning code and such other
codes or ordinances as may be assigned to him by the Board of County
Commissioners, except that no use variance may be heard or considered.
Considerations. In reaching his or her decision, the hearing examiner must consider:
the criteria for the type of variance being requested, in particular those set
forth in section 2.7.5,
bo
Staff recommendationsl
Co
Testimony from the applicant; and
Testimony from the public.
Findings. Before granting any variance, the hearing examiner must make a
finding with respect to each of the criteria set forth in sec. 2.7.5.6.
Authority.
ao
The hearing examinqr has the authority to grant, deny, or modify any
request for a variance from the regulations or restrictions of this Code as
specifically set forth in sec. 2.7.5.1.1.; provided, however, that no use
variance as defined in this code, or any variance from definitions or
procedures set forth in this Code, may be granted.
In reaching his decision, the hearing examiner has the authority to attach
conditions and requirements necessary for the protection of the health,
safety, comfort, convenience and welfare of the general public. The
conditions or requirements must be reasonably related to the variance
requested and conform to the requirements of sec. 2.7.5.7.
Variances may be reviewed by themselves or as part of a_ conditional use
petition.
do
All decisions of the hearing examiner concerning variances filed as part of
a conditional use petition must be in the form of a written recommendation
to the board of county commissioners and follow the procedures for such
petitions set forth in 5.5.5.3. and 5.5.5.4. below, as applicable.
Judicial review. Judicial review of final decisions of the hearing examiner with
respect to variances are to the circuit court in accordance with sec. 5.5.6.
Conditional Uses.
Function. The hearing examiner will hear and make written recommendations to
the board of county commissioners on all applications for conditional uses which
may be permissible by the district use regulations set forth in division 2.2., subject
to the exemption set forth in sec. 2.7.4.9.
Considerations. In reaching his or her recommendation, the hearing examiner
must consider the factors and criteria set forth in sec. 2.7.4.4., as well as the
following, whenever applicable:
ao
do
the relevant matters set forth in an applicant's written petition;
the testimony of any applicant or agent;
the recommendation of staff; and
the testimony of the public.
Words :;truclz t~r~,ugl: are deleted, words underlined are added.
56
5.5.5.3.3.
Findings. Before making any recommendation for a conditional use, the hearing
examiner must make the findings required by sec. 2.7.4.4.
5.5.5.3.4.
Authority. Petitions for conditional uses filed as part of a rezoning will be
reviewed and considered as part of such rezoning petition according to the
procedures set forth in this Code.
5.5.5.3.5.
Review. Review of the hearing examiner's recommendations with respect to
conditional uses will be as set forth in sec. 2.7.4.8.
5.5.5.4.
Authority of hearing examiner decisions-recommendations.
ao
The hearing examiner serves in an advisory capacity to the board of
county commissioners with respect to those matters set forth in subsection
5.5.5.3. of this section, and in such capacity, may not make final
determinations with regard to these matters.
bo
The hearing examiner may not recommend the approval of a conditional
use, and the board of county commissioners may not approve a conditional
use, other than the request advertised or published pursuant to this Code,
unless the condmonal use proposed by the hearing examiner is more
restrictive and the uses being approved are less intense and otherwise
permitted within the corresponding land use classification as set forth in
the growth management plan.
In reaching his or her decisions, the hearing examiner has the authority to
recommend or impose appropriate and reasonably related conditions and
requirements to be attached to any request for a conditional use or
variance, as may be applicable.
5.5.5.5.
Decisions. All decisions of the hearing examiner concerning conditional use
matters will be in the form of a written recommendation to the board of county
commissioners. Decisions will be delivered or mailed by the hehring examiner to
all parties of record, including participants, each individual county commissioner,
the county attorney, and the county manager, on the date it is rendered or on the
next regular working day thereafter. Except as provided for in section 5.1.2., only
a participant or his representative will be afforded the right to address the board of
county commissioners at any subsequent hearing considering such
recommendations.
5.5.5.6.
Notice o_f' intent to deny based on insu_fficient in_tbrmation.
5.5.5.6.1.
If the hearing examiner intends to deny or recommend denial of an application
described in this section based on the applicant's failure to provide information
adequate in scope and detail to address particular issues, he or she may, in his or
her discretion, send a notice of intent to deny based on insufficient information to
all participants in lieu of a denial or a recommendation to deny the application.
The notice must state the issues on which additional information is necessary and
must direct the applicant to indicate within ten working days whether he or she
intends to provide the information and the date upon which the information will
be provided (not to exceed 30 working days).
5.5.5.6.2.
If the applicant does not respond affirmatively within ten working days of the date
of the notice, the hearing examiner must prepare and submit a recommendation or
decision, whichever is applicable, denying the application to the board of county
commissioners and all participants. If the applicant does respond affirmatively,
the hearing examiner must send a copy of the response to all participants of record
along with a notice of a new hearing date, at which time the new evidence will be
considered.
Words str'dcl( thre, ugl~ are deleted, words underlined are added.
57
5.5.5.6.3.
5.5.5.6.4.
5.5.5.6.5.
Sec. 5.5.6.
5.5.6.1.
The applicant must submit all of the new evidence provided in accordance with
this section to the zoning staff, who will review it and prepare a supplementary
staff report addressing only those issues to which the new evidence is relevant.
The hearing following the receipt of the new evidence will be limited to those
issues to which the new evidence is relevant.
No applicant will be entitled to more than one notice of intent to deny based on
insufficient information.
Final decisionl judicial review.
Unless otherwise specified, the decision of the hearing examiner will be final only
on administrative matters or variances which are not part of a rezoning or other
development approval request which requires final decision by the board of
county commissioners. Judicial review of a final decision of the hearing examiner
concerning such administrative matters or variances will be in circuit court.
Jurisdiction for review of any final decision of the hearing examiner lies
exclusively in circuit court. This review may only be obtained through filing a
petition for writ of certiorari in accordance with code of laws section 250-60 and
5.5.6.2.
5.5.6.3.
5.5.6.4.
Sec. 5.5.7.
5.5.7.1.
5.5.7.2.
5.5.7.2.1.
pursuant to the Florida Rules of Appellate Procedure. Any such petition must be
filed within 30 calendar day,s after the decision has been rendered.
For the purposes of this section, a decision is "rendered" as of the date when it is
reduced to writing, signed and dated by the hearing examiner. Decisions will be
delivered or mailed by the hearing examiner on the date it is rendered or on the
next regular working day thereafter.
The person making application to the hearing examiner for any final decision that
is entitled to judicial review, is a necessary and indispensable party to any action
seeking judicial review.
This section is not intended to preclude actions pursuant to F.S. §70.51 or
§163.3215.
Unauthorized communications with hearing examiner.
Definitions. The following words, terms and phrases, when used in this section,
will have the meanings ascribed to them in this section, except where the context
clearly indicates a different meaning:
Application and appeal mean any matter lying within the jurisdiction of the
hearing examiner and any application for rezoning which will be or is scheduled
to be heard by the Board of County Commissioners.
Hearing exatniner means the county hearing examiner or any member of his or
her staff, including hearing examiners pro tempore.
Unauthorized communication means any direct or indirect communication in any
form, whether written, verbal or graphic, with the hearing examiner, or the
hearing examiner's staff, by any person outside of a public hearing and not on the
record, concerning substantive issues in any proposed or pending matter relating
to variances, conditional uses, or any other matter assigned by statute, ordinance,
or administrative code to the hearing examiner for discussion or recommendation,
except as may otherwise be permitted in the county administrative code.
Unauthorized communications prohibited.
No person shall knowingly have, or attempt to initiate, an unauthorized
communication with a hearing examiner, including members of the hearing
examiner's staff, concerning substantive issues relating to a pending or proposed
variance or zoning application.
Words str:.'clz t~rc, ug~ are deleted, words underlined are added.
58
5.5.7.2.2.
5.5.7.2.3.
5.5.7.2.4.
5.5.7.2.5.
5.5.7.2.6.
5.5.7.2.7.
No member of the board of county commissioners shall knowingly have or
attempt to initiate an unauthorized communication with a hearing examiner
concerning any substantive issue relating to an application which will be or is
currently before a hearing examiner for consideration.
Neither the hearing examiners nor any member of their staff shall knowingly have
or attempt to initiate unauthorized communication with the board of county
commissioners concerning substantive issues in an application which will be or is
pending for the hearing examiner's consideration. However, the hearing
examiners may communicate with the board of county commissioners concerning
procedural matters and the administration of their office.
The hearing examiners shall scrupulously avoid improper influences in their
deliberations. They shall not initiate or consider an unauthorized communication
concerning a pending application.
In reaching a decision, a hearing examiner may obtain the written advice of a
disinterested expert other than another county hearing examiner or employee of
the county (except a member of the hearing examiner's staff) concerning a matter
of law, planning, or zoning applicable to a proceeding before him. A hearing
examiner must give notice of his or her intention to solicit such advice to all
interested participants who appeared at the public hearing personally, by agent or
through counsel, or have filed documents or statements in the public record under
consideration in the pending matter. Once such advice has been received, the
hearing examiner will then forward copies of the written advice received as a
result of his request to each participant; and afford all interested participants
reasonable opportunity to respond to and rebut the advice on the record prior to
rendering his decision. The opportunity to respond may include a noticed public
hearing granted at the hearing examiner's sole discretion when a written request
for same has been filed with a participant's response demonstrating how a
participant may be prejudiced or irreparably harmed if such hearing is not
afforded.
If an unauthorized communication is knowingly made or attem[Sted to be made to
a hearing examiner or a member of the hearing examiner's staff, such
communication shall be publicly disclosed, placed in the public record, and
reported by filing a citizen's complaint with the citizen's complaint division of the
county sheriff's department or by filing a complaint directly with the state
attorney's office on forms to be made available by the hearing examiner's office.
If, in their opinion, the attempted or completed unauthorized communication has
prejudiced a hearing examiner's ability to decide a case based objectively and
exclusively on the record of public proceedings, the hearing examiner shall
immediately recuse himself and abstain from participating in any consideration of
the pending matter. Failure to disclose the receipt of an unauthorized
communication is a violation of this section and shall subject the hearing
examiner or his or her staff to the penalties described in this section.
Any unauthorized communication received by a member of the hearing
examiner's staff concerning a pending matter and prior to the hearing on such
matter shall be copied or transcribed, if necessary, and entered into the record of
the pending proceedings. Copies of any unauthorized communication shall be
furnished to all interested parties of record. In establishing rules of procedure for
the hearing examiner's office, the hearing examiner and board of county
commissioners shall set filing deadlines prior to each hearing after which no
further submittals, except those presented at the hearing, will be included in the
public record for consideration by the hearing examiner. Any materials received
after this date will be returned. All items submitted for inclusion in the public
record within the adopted timeframes must be forwarded to the hearing
examiner's office. Items not included in the public record or presented at the
hearing will not be considered by the hearing examiner or the board of county
commissioners.
Words struck t~r',3'dg~ are deleted, words underlined are added.
59
5.5.7.2.8.
5.5.7.3.
5.5.7.3.1.
5.5.7.3.2.
5.5.7.3.3.
Nothing set forth in this section shall prohibit the discussion of any pending or
proposed cases or appeals by and between hearing examiners or between a
hearing examiner and any employee of the office of the hearing examiner.
Penalties. Any person who knowingly makes or attempts to initiate an
unauthorized communication to or with a hearing examiner or a member of the
hearing examiner's staff, or any hearing examiner or his or her staff who fails to
publicly disclose and report an unauthorized communication or an attempt to
initiate an unauthorized communication, shall be subject to any, or all, of the
following penalties:
Criminal penalties. Such person shall be subject to punishment as provided in
section 1.9.6
Civil penalties. Such person shall be subject to:
Revocation, suspension, or amendment of any permit, variance, or
conditional use, granted as a result of the hearing examiner action which is
the subject of the unauthorized communication.
Any other relief available at law or equity.
Each unauthorized communication or attempt to initiate an unauthorized
communication shall constitute a separate offense under the provisions of
this section.
DIVISION 5.13.
Sec. 5.13.2.
5.13.2.1.
5.13.2.2.
ENVIRONMENTAL ADVISORY COUNCIL
Authority, functions, powers and duties.
The EAC obtains its jurisdiction, powers, and limits of authority from the board
of county commissioners, hereinafter referred to as the board, and pursuant to this
code, shall act in an advisory capacity to the board in matters di~aling with the
regulation, control, management, use or exploitation of any or all natural
resources of or within the county and the review and evaluation of specific zoning
and development petitions and their impact on those resources.
The EAC will function to:
(1)
Advise on the preservation, conservation, protection, management and
beneficial use of the physical and biological natural resources
(atmospheric, terrestrial, aquatic and hydrologic) of the county in regard to
the safety, health and general well-being of the public;
(2)
Advise and assist the county staff and board toward developing the
purpose, intent and criteria of all county ordinances, policies, programs
and other initiatives dealing with natural resources.
(3)
Provide written and oral reports directly to the board regarding
recommendations on matters dealing with the protection of natural
resources.
(4)
Review and recommend stipulations addressing the preservation,
conservation, protection, management and beneficial use of the 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 rezones, developments of regional impact,
provisional uses, subdivision master plans and planned unit development
amendments that are directed to the EAC by ............. ~'~' ~' ...... ~
...... j the
provisions of this Code.
Words struck '~' ...... ~' are deleted, words underlined are added.
60
5.13.2.3.
Sec. 5.13.6.
The powers and duties of the EAC are as follows:
Identify, study, evaluate, and provide technical recommendations to the
board on programs necessary for the conservation, management and
protection of air, land, and water resources and environmental quality in
the county.
(2)
Advise the board in establishing goals and objectives for the county's
environmental conservation and management programs.
(3)
Advise the board in developing and revising, as appropriate, local rules,
ordinances, regulations, programs and other initiatives addressing the use,
conservation and preservation of the county's natural resources.
(4)
Advise the board in the implementation and development of the growth
management plan regarding environmental and natural resource issues.
(5)
Advise the board in identifying and recommending solutions to existing
and future environmental issues.
(6)
Serve as the technical advisory committee to advise and assist the county
in the activities invoked in the development and implementation of the
county environmental resources management program as stated in policy
1.1.1 of the conservation and coastal management element of the growth
management plan.
(7)
Implement the water policy pursuant to chapter 90, article II of this the
code of laws and ordinances, as directed by the board of county
commissioners.
(8)
Provide an opportunity for public comment on environmental issues,
ordinances and programs.
(9)
Implement the provisions of the conservation and coastal management
element of the county's comprehensive plan during the review process for
development petitions and/or plans.
(10)
Participate in the review and recommendation process for excavations
over 500,000 C.Y., as provided for in division 3.5.
(11)
Assist in the implementation of any new programs, ordinances and/or
policies adopted by the board which deal with the conservation,
management and protection of air, land, water and natural resources and
environmental quality in Collier County.
12) Function as an environmental impact statement (ELS) review board
pursuant to division 3.8.
(44-)(13]The EAC shall present an annual report to the board at a regular board
meeting in May of each year. The report shall list the EAC's achievements
for the prior year, present its objectives for the coming year and highlight
environmental issues that need further study.
Scope of land development project reviews.
Words struck thra'..'gh are deleted, words underlined are added.
61
The EAC shall review all land development petitions which require the following: an
environmental impact statement (EIS) per section 3.8 of the LDC; all developments of regional
impact (DRI);
~...~.,.. ....... ,]..~.,~ apphcant' and,....."'"cc ~,,~ ,,,~-;.-~.. ,,.~,, .:;; ........... ,~.~'~'~ by ~,.,,~.";'~ .......... v-"~'" "-.~ be '..~..~ k.,~.~ ,~.~.,,~ ~.c ,,,~..
Thc EAC shall also review any petition which requires approval of the Collier County Planning
Commission (CCPC) or tile board of county commissioners (BCC) wilcre staff receives a request
fi'oni tim chairman of the EAC, CCPC or the BCCJ'or that petition to be reviewed by the EAC.
Any petitioner may request a waiver to the EAC hearing requirement, when the following
considerations are met: 1) no protected species or wetland impacts are identified on the site; 2)
an ElS waiver has been administratively granted; 3) ST zoning is present and an administrative
approval has been granted; or 4) an EIS was previously completed and reviewed by staff and
heard by a predecessor environmental board, and that EIS is less than five years old (or if older
than five years, has been updated within six months of submittal) and the master plan for the site
does not show greater impacts to the previously designated preservation areas.
The surface water management aspects of any petition, that is or will be reviewed and permitted
by South Florida Water Management District (SFWMD), are exempt from review by the EAC.
Sec. 5.13.7. Appea~.
d ' '
taking
~8A-3~8. Reimbursement of expenses.
Members of the EAC shall serve without compensation, but shall be entitled to receive
reimbursement for expenses reasonably incurred in the performance of their duties upon prior
approval of the board of county commissioners.
Sec. 5.13.9-8. Review process.
This EAC shall be reviewed for major accomplishments and whether it is serving the purpose for
which it was created once every four years commencing with 2003 in accordance with the
procedures contained in Collier County Ordinance No. 86-41, as amended. [Code ch. 2, art. VIII,
div. 2].
SECTION FOUR: CONFLICT AND SEVERABILITY
In the event this Ordinance conflicts with any other Ordinance of Collier County and other
applicable law, the more restrictive shall apply. If any phrase or portion of the 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.
Words sh'''-~' '~' .....~
.......... 0,, are deleted, words underlined are added.
62
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 relettered to
accomplish such, and the word "ordinance" may be changed to "section", "article", or any other
appropriate word.
SECTION SIX: EFFECTIVE DATES
This Ordinance shall become effective upon filing with the Department of State, except
that Section 3.M. of these Land Development Code amendments will not become effective until
such date as the Board of County Commissioners may establish by separate resolution passed
with at least a four-fifths majority vote. On that resolution's effective date all applications,
requests, petitions, or other forms seeking development approval from the county that are
deemed sufficient by the County Manager ~will be considered and reviewed under the regulations
set forth in Section 3.M., and the then current Code, ordinances, and laws, except that those
projects already heard, or properly advertised to be heard, by the Environmental Advisory
Council or Planning Commission, or both, as of the effective date set forth in the above-stated
resolution will be heard, reviewed, and considered under those rules, regulations, and procedures
in effect immediately prior to said resolution's effective date. Any such project which fails to be
fully heard and have a final decision rendered by the County within six'months from said
resolution's effective date will be deemed denied without prejudice, and will subsequently be
considered and reviewed under the then current rules, regulations, and procedures of this Code,
and other applicable ordinances or laws. Either the resolution referred to above, or an executed
copy, will immediately be recorded by the Clerk of the Board in the Official Records of Collier
County, thereafter, a certified copy of said recorded resolution will be forwarded to the Secretary
of State for filing. The failure to record or file said resolution will not otherwise act to invalidate
or delay the effective date of said regulation.
Words struck .u ..... u are deleted, words underlined are added.
63
PASSED AND DULY ADOPTED by the Board of County Commissioners of
Collier County, Florida, this ~~ day of
Attes.'c ~ts't0 Cha~a,n's
gnatu~e. ,only."
ATTEST:
~e.~, 2001.
JAM~ ~-7~~IAI~MAN
ApPmyed As To .Form And Legal Sufficiency
Marjo~e M. Student
Assistant County Attorney
H:\ LDC CYCLE I - 2001\LDC ORD CYCLE I - 2001
This ordinance filed with the
Secretary of State's Office the
and ocknowredgement of that
filin,q received this'~doy
Deputy Clerk' ~
Words struck througk are deleted, words underlined are added.
64
APPENDIX "G"
COLLIER COUNTY COMMUNITY DEVELOPMENT &
ENVIRONMENTAL SERVICES
2800 North Horseshoe Drive
Naples, FL 34104
941-403-2400
APPENDIX G
ANNUAL BEACH EVENT
STANDARD PERMIT CONDITIONS
o
o
o
10.
Security:
Property Owner is responsible for ensuring that adequate security is
provided for each Beach Event.
Traffic Safety:
Authorization from the Collier County Sheriffs office may be required for
certain Beach Events. Property Owner is responsible for consulting the
Collier County Sheriffs Office to determine whether separate authorization
for a particular event is required.
Use of Electrical Apparatus: Need to speak with Building Department
Signage: Use of signs shall be subject to the provisions of the Collier County
Land Development Code.
Noise: All music shall be subject to the terms and conditions of Property Owner's
Music Permit, which permit may be obtained from Collier County on an annual
basis.
Restrooms: Existing restroom facilities must be adequate, or additional portable
faculties made available and not located on the beach.
Vehicles On Beach: Use of vehicles shall be subject to provision of Collier
County Land Development Code {}3.14.
Public Access: Beach Events shall be conducted in a manner that does not
interfere with the public' s ability to traverse that portion of the beach owned by
the State of Florida.
No structures may be set, placed, or stored on, or within ten feet of, any beach
dune.
Annual beach events which occur during Sea Turtle Nesting Season (May 1st
through October 31st of each year): are also subject to the following regulations:
mo
All required Florida Department of Environmental Protection (FDEP)
Field Permits, shall be obtained and a copy furnished to Collier County
prior to the time of the scheduled event as set forth in section 2.6.34.3.
Consistent with section 3.13.7.3, and 3.14.6, no structure set up, or beach
raking; or mechanical cleaning activity for any particular Beach Event
shall nc, t commence until after monitoring conducted by personnel with
prior experience and training in nest surveys procedures and possessing a
valid Fish and Wildlife Conservation Commission Marine Turtle Permit
has been completed
Prior to all scheduled beach events, every beach event permit holder is
required to rope off (or otherwise identify with a physical barrier) an area
with no less than a 15 foot radius around each sea turtle nest that has been
66
Do
Uo
identified and marked on a beach, unless a greater distance is required by
an applicable State pernfit.
Use of vehicles on the beach is prohibited, except as may be pcrlnitted
under m-Section 3.14.3, 3.14.5, or 3.14.6.
Consistent with section 3.13.7.3 all materials placed on the beach for the
purpose of conducting permitted Beach Events must be: 1) removed from
the beach by no later than 9:30 p.m. the date of the event; and 2) no
structures may be set, placed, or stored on, or within ten feet of any beach
dune, except that materials may remain in an identified staging area until
10:00 p.m. The location and size of all staging areas will be as identified
in the annual beach events permit.
All lights that are visible from the beach and cast a shadow thereon shall
be turned off by no later than 9:00 p.m. of the date of the event.
Identification of sea turtle nests on the beach may cause the Beach Event
to be relocated from its planned location or to have additional reasonable
limitations placed on the event pursuant to the recommendation of Collier
County staff in order to protect the identified sea turtle nests in this permit;
except that county staff may relocate a staging area as provided for in
standard condition 16 E, as part of its daily sea turtle monitoring.
Pole lighting, and any other object or structure designed to penetrate the
beach surface by more than three (3) inches shall be subject to the
approval of the FDEP and Collier County.
A copy of all notices required by any permit or these regulations must also
be provided by the permit holder to Collier County Natural Resources
Department.
Note:
When a State permit is more restrictive than the LDO requirements, the
State requirements shall supersede, and the County shall enforce these
requirements.
67
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 foregoin9 is a true and correct
copy of:
ORDINANCE 2001-34
Which was adopted by the Board of County Commissioners
on the 20tn day of June, 2001, during Special Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this h
day of June 2001. '
DWIGHT E. BROCK
Clerk of Courts
Ex-officio to Board bf
County Commissioners
an'd C-lerk ~ -m
By:
Ellie Hoffman,
Deputy Clerk