Ordinance 2016-27 ORDINANCE NO. 16 -27
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04-
41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT
CODE, WHICH INCLUDES THE COMPREHENSIVE LAND
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: CHAPTER ONE -
GENERAL PROVISIONS, INCLUDING SECTION 1.08.02 DEFINITIONS;
CHAPTER TWO - ZONING DISTRICTS AND USES, INCLUDING
SECTION 2.03.01 AGRICULTURAL DISTRICTS, SECTION 2.03.02
RESIDENTIAL ZONING DISTRICTS, SECTION 2.03.03 COMMERCIAL
ZONING DISTRICTS, SECTION 2.03.06 PLANNED UNIT
DEVELOPMENT DISTRICTS, SECTION 2.03.07 OVERLAY ZONING
DISTRICTS, SECTION 2.03.08 RURAL FRINGE ZONING DISTRICTS;
CHAPTER THREE - RESOURCE PROTECTION, INCLUDING SECTION
3.02.10 STANDARDS FOR SUBDIVISION PLATS, SECTION 3.05.04
VEGETATION REMOVAL AND PROTECTION STANDARDS, SECTION
3.05.07 PRESERVATION STANDARDS, SECTION 3.05.10 LITTORAL
SHELF PLANTING AREA (LSPA); CHAPTER FOUR - SITE DESIGN
AND DEVELOPMENT STANDARDS, INCLUDING SECTION 4.02.33
SPECIFIC DESIGN STANDARDS FOR THE IMMOKALEE-MOBILE
HOME PARK OVERLAY SUBDISTRICT, SECTION 4.06.02 BUFFER
REQUIREMENTS, SECTION 4.06.05 GENERAL LANDSCAPING
REQUIREMENTS; CHAPTER FIVE - SUPPLEMENTAL STANDARDS,
INCLUDING SECTION 5.03.06 DOCK FACILITIES, SECTION 5.04.05
TEMPORARY EVENTS, ADDING SECTION 5.05.14 PUBLIC
SCHOOLS, SECTION 5.06.00 SIGN REGULATIONS AND STANDARDS
BY LAND USE CLASSIFICATION; CHAPTER SIX -
INFRASTRUCTURE IMPROVEMENTS AND ADEQUATE PUBLIC
FACILITIES REQUIREMENTS, INCLUDING SECTION 6.02.06
POTABLE WATER FACILITY LEVEL OF SERVICE REQUIREMENTS,
SECTION 6.02.07 SANITARY SEWER FACILITY LEVEL OF SERVICE
REQUIREMENTS; CHAPTER NINE - VARIATIONS FROM CODE
REQUIREMENTS, INCLUDING SECTION 9.04.04 SPECIFIC
REQUIREMENTS FOR MINOR AFTER-THE-FACT ENCROACHMENT;
CHAPTER TEN - APPLICATION, REVIEW, AND DECISION-MAKING
PROCEDURES, INCLUDING SECTION 10.02.03 REQUIREMENTS FOR
SITE DEVELOPMENT, SITE IMPROVEMENT PLANS AND
AMENDMENTS THEREOF, SECTION 10.02.05 CONSTRUCTION,
APPROVAL, AND ACCEPTANCE OF REQUIRED IMPROVEMENTS;
SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE,
INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE;
AND SECTION SIX, EFFECTIVE DATE.
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Recitals
WHEREAS, on October 30, 1991, the Collier County Board of County Commissioners
adopted Ordinance No. 91-102, the Collier County Land Development Code (hereinafter LDC),
which was subsequently amended; and
WHEREAS, the Collier County Board of County Commissioners (Board) on June 22,
2004, adopted Ordinance No. 04-41, which repealed and superseded Ordinance No. 91-102, as
amended, the Collier County Land Development Code, which had an effective date of October
18, 2004; and
WHEREAS, the LDC may not be amended more than two times in each calendar year
unless additional amendment cycles are approved by the Collier County Board of
Commissioners pursuant to Section 10.02.09 A. of the LDC; and
WHEREAS, this amendment to the LDC is part of the second amendment cycle for the
calendar year 2015; and
WHEREAS, on March 18, 1997, the Board adopted Resolution 97-177 establishing local
requirements and procedures for amending the LDC; and
WHEREAS, all requirements of Resolution 97-177 have been met; and
WHEREAS, the Board of County Commissioners, in a manner prescribed by law, did
hold advertised public hearings on July 12, 2016 and September 13, 2016, and did take action
concerning these amendments to the LDC; and
WHEREAS, the subject amendments to the LDC are hereby determined by this Board to
be consistent with and to implement the Collier County Growth Management Plan as required
by Subsections 163.3194 (1) and 163.3202 (1), Florida Statutes; and
WHEREAS, this ordinance is adopted in compliance with and pursuant to the
Community Planning Act (F.S. § 163.3161 etseq.), and F.S. § 125.01(1)(t) and (1)(w); and
WHEREAS, this ordinance is adopted pursuant to the constitutional and home rule
powers of Fla. Const. Art. VIII, § 1(g); and
WHEREAS, all applicable substantive and procedural requirements of the law have
otherwise been met.
NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of
Collier County, Florida, that:
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SECTION ONE: RECITALS
The foregoing Recitals are true and correct and incorporated by reference herein as if
fully set forth.
SECTION TWO: FINDINGS OF FACT
The Board of Commissioners of Collier County, Florida, hereby makes the following
findings of fact:
1. Collier County, pursuant to § 163.3161, et seq., F.S., the Florida Community
Planning Act (herein after the "Act"), is required to prepare and adopt a comprehensive plan.
2. After adoption of the Comprehensive Plan, the Act and in particular §
163.3202(1). F.S., mandates that Collier County adopt land development regulations that are
consistent with and implement the adopted comprehensive plan.
3. Section 163.3201, F.S., provides that it is the intent of the Act that the adoption
and enforcement by Collier County of land development regulations for the total unincorporated
area shall be based on, be related to, and be a means of implementation for, the adopted
comprehensive plan.
4. Section 163.3194(1)(b), F.S., requires that all land development regulations
enacted or amended by Collier County be consistent with the adopted comprehensive plan, or
element or portion thereof, and any land regulations existing at the time of adoption which are
not consistent with the adopted comprehensive plan, or element or portion thereof, shall be
amended so as to be consistent.
5. Section 163.3202(3), F.S., states that the Act shall be construed to encourage
the use of innovative land development regulations.
6. On January 10, 1989, Collier County adopted the Collier County Growth
Management Plan (hereinafter the "Growth Management Plan" or "GMP") as its comprehensive
plan pursuant to the requirements of§ 163.3161 et seq., F.S.
7. Section 163.3194(1)(a), F.S., mandates that after a comprehensive plan, or
element or portion thereof, has been adopted in conformity with the Act, all development
undertaken by, and all actions taken in regard to development orders by, governmental
agencies in regard to land covered by such comprehensive plan, or element or portion thereof
shall be consistent with such comprehensive plan or element or portion thereof.
8. Pursuant to § 163.3194(3)(a), F.S., a development order or land development
regulation shall be consistent with the comprehensive plan if the land uses, densities or
intensities , capacity or size, timing, and other aspects of development are compatible with, and
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further the objectives, policies, land uses, densities, or intensities in the comprehensive plan
and if it meets all other criteria enumerated by the local government.
9. Section 163.3194(3)(b), F.S., states that a development approved or undertaken
by a local government shall be consistent with the comprehensive plan if the land uses,
densities or intensities, capacity or size, timing, and other aspects of development are
compatible with, and further the objectives, policies, land uses, densities, or intensities in the
comprehensive plan and if it meets all other criteria enumerated by the local government.
10. On October 30, 1991, Collier County adopted the Collier County Land
Development Code, which became effective on November 13, 1991. The Land Development
Code adopted in Ordinance 91-102 was recodified and superseded by Ordinance 04-41.
11. Collier County finds that the Land Development Code is intended and necessary
to preserve and enhance the present advantages that exist in Collier County; to encourage the
most appropriate use of land, water and resources consistent with the public interest; to
overcome present handicaps; and to deal effectively with future problems that may result from
the use and development of land within the total unincorporated area of Collier County and it is
intended that this Land Development Code preserve, promote, protect and improve the public
health, safety, comfort, good order, appearance, convenience and general welfare of Collier
County; to prevent the overcrowding of land and avoid the undue concentration of population; to
facilitate the adequate and efficient provision of transportation, water, sewerage, schools,
parks, recreational facilities, housing and other requirements and services; to conserve,
develop, utilize and protect natural resources within the jurisdiction of Collier County; to protect
human, environmental, social and economic resources; and to maintain through orderly growth
and development, the character and stability of present and future land uses and development
in Collier County.
12. It is the intent of the Board of County Commissioners of Collier County to
implement the Land Development Code in accordance with the provisions of the Collier County
Comprehensive Plan, Chapter 125, Fla. Stat., and Chapter 163, Fla. Stat., and through these
amendments to the Code.
SECTION THREE: ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT
CODE
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SUBSECTION 3.A. AMENDMENTS TO SECTION 1.08.02 DEFINITIONS
Section 1.08.02 Definitions, of Ordinance 04-41, as amended, the Collier County Land
Development Code, is hereby amended to read as follows:
1.08.02 Definitions
* * * * * * * * * * * * *
Construction sign: A sign erected at a building site that-displays the name of the project
* * * * * * * * * * * * *
Ground sign: A sign, 8 ft. in height or tower which is independent of support from any
. . .. - e --
* * * * * * * * * * * * *
* * * * * * * * * * * * *
Pole sign: A sign, 8 or more ft. in height which is independent of support from any
. . •1 -
* * * * * * * * * * * * *
* * * * * * * * * * * * *
SUBSECTION 3.B. AMENDMENTS TO SECTION 2.03.01 AGRICULTURAL
DISTRICTS
Section 2.03.01 Agricultural Districts, of Ordinance 04-41, as amended, the Collier County Land
Development Code, is hereby amended to read as follows:
2.03.01 Agricultural Districts
* * * * * * * * * * * * *
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B. Estate District (E). The purpose and intent of the estates district (E) is to provide lands
for low density residential development in a semi-rural to rural environment, with
limited agricultural activities. In addition to low density residential development with
limited agricultural activities, the E district is also designed to accommodate as
conditional uses, development that provides services for and is compatible with the
low density residential, semi-rural and rural character of the E district. The E district
corresponds to and implements the estates land use designation on the future land use
map of the Collier County GMP, although, in limited instances, it may occur outside of
the estates land use designation. The maximum density permissible in the E district
shall be consistent with and not exceed the density permissible or permitted under the
estates district of the future land use element of the Collier County GMP as provided
under the Golden Gate Master Plan.
1. The following subsections identify the uses that are permissible by right and the
uses that are allowable as accessory or conditional uses in the estates district
(E).
a. Permitted uses.
* * * * * * * * * * * *
4. Schools, public, including "Educational plants" as an essential
service.
* * * * * * * * * * * * *
c. Conditional uses. For Estates zoning within the Golden Gate Estates
subdivision, the Golden Gate Area Master Plan in the GMP restricts the
location of conditional uses. The following uses are permissible as
conditional uses in the estates district (E), subject to the standards and
procedures established in LDC section 10.08.00:
* * * * * * * * * * * * *
11. Public schools without an agreement with Collier County, as
described in LDC section 5.05.14. Additional standards in LDC
section 5.05.14 shall also apply.
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* * * * * * * * * * * * *
SUBSECTION 3.C. AMENDMENTS TO SECTION 2.03.02 RESIDENTIAL ZONING
DISTRICT
Section 2.03.02 Residential Zoning District, of Ordinance 04-41, as amended, the Collier County
Land Development Code, is hereby amended to read as follows:
2.03.02 Residential Zoning District
A. Residential Single-Family Districts (RSF-1; RSF-2; RSF-3; RSF-4; RSF-5; RSF-6). The
purpose and intent of the residential single-family districts (RSF) is to provide lands
primarily for single-family residences. These districts are intended to be single-family
residential areas of low density. The nature of the use of property is the same in all of
these districts. Variation among the RSF-1, RSF-2, RSF-3, RSF-4, RSF-5 and RSF-6
districts is in requirements for density, lot area, lot width, yards, height, floor area, lot
coverage, parking, landscaping and signs. Certain structures and uses designed to
serve the immediate needs of the single-family residential development in the RSF
districts such as governmental, educational, religious, and noncommercial recreational
uses are permitted as conditional uses as long as they preserve, and are compatible
with the single-family residential character of the RSF district[s]. The RSF districts
correspond to and implement the urban mixed use land use designation on the future
land use map of the Collier County GMP. The maximum density permissible in the
residential single-family (RSF) districts and the urban mixed use land use designation
shall be guided, in part, by the density rating system contained in the future land use
element of the Collier County GMP. The maximum density permissible or permitted in
the RSF district shall not exceed the density permissible under the density rating
system, except as permitted by policies contained in the future land use element.
1. The following subsections identify the uses that are permissible by right and the
uses that are allowable as accessory or conditional uses in the residential
single-family districts (RSF).
a. Permitted uses.
* * * * * * * * * * * *
3. Schools, public. This includes "Educational plants;" and public
schools with an agreement with Collier County, as described in
LDC section 5.05.14; however, any high school located in this
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district is subject to a compatibility review as described in
LDC section 10.02.03.
* * * * * * * * * * * *
c. Conditional uses. The following uses are permissible as conditional
uses in the residential single-family districts (RSF), subject to the
standards and procedures established in LDC section 10.08.00.
* * * * * * * * * * * *
11. Public schools without an agreement with Collier County, as
described in LDC section 5.05.14. Additional standards in LDC
section 5.05.14 shall also apply; however, any high school
located in this district is subject to a compatibility review as
described in LDC section 10.02.03.
* * * * * * * * * * * *
B. Residential Multi-Family-6 District (RMF-6). The purpose and intent of the residential
multi-family-6 district (RMF-6) is to provide for single-family, two-family and multi-family
residences having a low profile silhouette, surrounded by open space, being so situated
that it is located in close proximity to public and commercial services and has direct or
convenient access to collector and arterial roads on the county major road network.
The RMF-6 district corresponds to and implements the urban mixed use land use
designation on the future land use map of the Collier County GMP. The maximum
density permissible in the RMF-6 district and the urban mixed use land use designation
shall be guided, in part, by the density rating system contained in the future land use
element of the Collier County GMP. The maximum density permissible or permitted in
the RMF-6 district shall not exceed the density permissible under the density rating
system, except as permitted by policies contained in the future land use element.
1. The following subsections identify the uses that are permissible by right and the
uses that are allowable as accessory or conditional uses in the RMF-6 district.
a. Permitted uses.
* * * * * * * * * * * * *
5. Educational plants and public schools with an agreement with
Collier County, as described in LDC section 5.05.14; however,
any high school located in this district is subject to a
compatibility review as described in LDC section 10.02.03.
* * * * * * * * * * * * *
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c. Conditional uses. The following uses are permissible as conditional
uses in the RMF-6 district, subject to the standards and procedures
established in LDC section 10.08.00.
* * * * * * * * * * * * *
10. Public schools without an agreement with Collier County, as
described in LDC section 5.05.14. Additional standards in LDC
section 5.05.14 shall also apply; however, any high school
located in this district is subiect to a compatibility review as
described in LDC section 10.02.03.
* * * * * * * * * * * * *
C. Residential Multi-Family-12 District (RMF-12). The purpose and intent of the residential
multi-family 12 district (RMF-12) is to provide lands for multiple-family residences having
a mid-rise profile, generally surrounded by lower structures and open space, located in
close proximity to public and commercial services, with direct or convenient access to
collector and arterial roads on the county major road network. Governmental, social,
and institutional land uses that serve the immediate needs of the multi-family residences
are permitted as conditional uses as long as they preserve and are compatible with the
mid-rise multiple-family character of the district. The RMF-12 district corresponds to and
implements the urban mixed use land use designation on the future land use map of the
Collier County GMP. The maximum density permissible in the RMF-12 district and the
urban mixed use land use designation shall be guided, in part, by the density rating
system contained in the future land use element of the Collier County GMP. The
maximum density permissible or permitted in the RMF-12 district shall not exceed the
density permissible under the density rating system, except as permitted by policies
contained in the future land use element.
1. The following subsections identify the uses that are permissible by right and the
uses that are allowable as accessory or conditional uses in the residential
multi-family-12 district (RMF-12).
a. Permitted uses.
* * * * * * * * * * *
6. Educational plants and public schools with an agreement with
Collier County, as described in LDC section 5.05.14; however, any
high school located in this district is subject to a compatibility
review as described in LDC section 10.02.03.
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* * * * * * * * * * *
c. Conditional uses. The following uses are permissible as conditional
uses in the residential multiple-family-12 district (RMF-12), subject to the
standards and procedures established in LDC section 10.08.00.
* * * * * * * * * * *
8. Public schools without an agreement with Collier County, as
described in LDC section 5.05.14. Additional standards in LDC
section 5.05.14 shall also apply; however, any high school located
in this district is subject to a compatibility review as described in
LDC 10.02.03.
* * * * * * * * * * *
D. Residential Multi-Family-16 District (RMF-16). The purpose and intent of the residential
multi-family-16 district (RMF-16) is to provide lands for medium to high density multiple-
family residences, generally surrounded by open space, located in close proximity to
public and commercial services, with direct or convenient access to arterial and
collector roads on the county major road network. Governmental, social, and
institutional land uses that serve the immediate needs of the multiple-family residences
are permitted as conditional uses as long as they preserve and are compatible with the
medium to high density multi-family character of the district. The RMF-16 district
corresponds to and implements the urban mixed use land use designation on the future
land use map of the Collier County GMP. The maximum density permissible in the
RMF-16 district and the urban mixed use land use designation shall be guided, in part,
by the density rating system contained in the future land use element of the Collier
County GMP. The maximum density permissible or permitted in the RMF-16 district
shall not exceed the density permissible under the density rating system, except as
permitted by policies contained in the future land use element.
1. The following subsections identify the uses that are permissible by right and the
uses that are allowable as accessory or conditional uses in the residential
multi-family-16 district (RMF-16).
a. Permitted uses.
* * * * * * * * * * * *
4. Educational plants and public schools with an agreement with
Collier County, as described in LDC section 5.05.14; however, any
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high school located in this district is subject to a compatibility
review as described in LDC section 10.02.03.
* * * * * * * * * * * *
c. Conditional uses. The following uses are permissible as conditional
uses in the residential multiple-family-16 district (RMF-16), subject to the
standards and procedures established in LDC section 10.08.00.
* * * * * * * * * * * *
8. Public schools without an agreement with Collier County, as
described in LDC section 5.05.14. Additional standards in LDC
section 5.05.14 shall also apply; however, any high school located
in this district is subject to a compatibility review as described in
LDC section 10.02.03.
* * * * * * * * * * * *
F. Village Residential District (VR). The purpose and intent of the village residential district
(VR) is to provide lands where a mixture of residential uses may exist. Additionally, uses
are located and designed to maintain a village residential character which is generally
low profile, relatively small building footprints as is the current appearance of Goodland
and Copeland. The VR district corresponds to and implements the mixed residential land
use designation on the Immokalee future land use map of the Collier County GMP. It is
intended for application in those urban areas outside of the coastal urban area
designated on the future land use map of the Collier County GMP, though there is some
existing VR zoning in the coastal urban area. The maximum density permissible in the
VR district and the urban mixed use land use designation shall be guided, in part, by the
density rating system contained in the future land use element of the Collier County
GMP. The maximum density permissible or permitted in the VR district shall not exceed
the density permissible under the density rating system, except as permitted by policies
contained in the future land use element, or as designated on the Immokalee future land
use map of the GMP.
1. The following subsections identify the uses that are permissible by right and the
uses that are allowable as accessory or conditional uses in the village
residential district (VR).
a. Permitted uses.
* * * * * * * * * * * *
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6. Educational plants and public schools with an agreement with
Collier County, as described in LDC section 5.05.14; however, any
high school located in this district is subject to a compatibility
review as described in LDC section 10.02.03.
* * * * * * * * * * * *
c. Conditional uses. The following uses are permissible as conditional
uses in the village residential district (VR), subject to the standards and
procedures established in LDC section 10.08.00.
* * * * * * * * * * * *
11. Public schools without an agreement with Collier County, as
described in LDC section 5.05.14. Additional standards in LDC
section 5.05.14 shall also apply; however, any high school located
in this district is subiect to a compatibility review as described in
LDC section 10.02.03.
* * * * * * * * * * * *
G. Mobile Home District (MH). The purpose and intent of the mobile home district (MH) is
to provide land for mobile homes and modular built homes, as defined in this Land
Development Code, that are consistent and compatible with surrounding land uses. The
MH District corresponds to and implements the urban mixed-use land use designation
on the future land-use map of the Collier County GMP. The maximum density
permissible in the MH district and the urban mixed use land use designation shall be
guided, in part, by the density rating system contained in the future land use element of
the Collier County GMP. The maximum density permissible or permitted in the MH
district shall not exceed the density permissible under the density rating system, except
as permitted by policies contained in the future land use element, or as identified in the
Immokalee future land use map of the GMP.
1. The following subsections identify the uses that are permissible by right and the
uses that are allowable as accessory or conditional uses in the mobile home
district (MH).
a. Permitted uses.
* * * * * * * * * * * *
5. Educational plants and public schools with an agreement with
Collier County, as described in LDC section 5.05.14; however, any
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high school located in this district is subject to a compatibility
review as described in LDC section 10.02.03.
* * * * * * * * * * * * *
c. Conditional uses. The following uses are permissible as conditional
uses in the mobile home district (MH), subject to the standards and
procedures established in LDC section 10.08.00.
* * * * * * * * * * * * *
7. Educational plants and public schools without an agreement with
Collier County, as described in LDC section 5.05.14. Additional
standards in LDC section 5.05.14 shall also apply; however, any
high school located in this district is subject to a compatibility
review as described in LDC section 10.02.03.
* * * * * * * * * * * * *
SUBSECTION 3.D. AMENDMENTS TO SECTION 2.03.03 COMMERCIAL ZONING
DISTRICTS
Section 2.03.03 Commercial Zoning Districts, of Ordinance 04-41, as amended, the Collier
County Land Development Code, is hereby amended to read as follows:
2.03.03 - Commercial Zoning Districts
A. Commercial Professional and General Office District (C-1). The purpose and intent of
the commercial professional and general office district C-1 is to allow a concentration of
office type buildings and land uses that are most compatible with, and located near,
residential areas. Most C-1 commercial, professional, and general office districts are
contiguous to, or when within a PUD, will be placed in close proximity to residential
areas, and, therefore, serve as a transitional zoning district between residential areas
and higher intensity commercial zoning districts. The types of office uses permitted are
those that do not have high traffic volumes throughout the day, which extend into the
evening hours. They will have morning and evening short-term peak conditions. The
market support for these office uses should be those with a localized basis of market
support as opposed to office functions requiring inter-jurisdictional and regional market
support. Because office functions have significant employment characteristics, which are
compounded when aggregations occur, certain personal service uses shall be permitted,
to provide a convenience to office-based employment. Such convenience commercial
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uses shall be made an integral part of an office building as opposed to the singular use
of a building. Housing may also be a component of this district as provided for through
conditional use approval.
1. The following uses, as identified with a number from the Standard Industrial
Classification Manual (1987), or as otherwise provided for within this section are
permissible by right, or as accessory or conditional uses within the C-1
commercial professional and general office district.
a. Permitted uses.
* * * * * * * * * * * *
17. Educational plants- and public schools subject to LDC section
5.05.14.
* * * * * * * * * * * *
B. Commercial Convenience District (C-2). The purpose and intent of the commercial
convenience district (C-2) is to provide lands where commercial establishments may be
located to provide the small-scale shopping and personal needs of the surrounding
residential land uses within convenient travel distance except to the extent that office
uses carried forward from the C-1 district will expand the traditional neighborhood size.
However, the intent of this district is that retail and service uses be of a nature that can
be economically supported by the immediate residential environs. Therefore, the uses
should allow for goods and services that households require on a daily basis, as
opposed to those goods and services that households seek for the most favorable
economic price and, therefore, require much larger trade areas. It is intended that the C-
2 district implements the Collier County GMP within those areas designated
agricultural/rural; estates neighborhood center district of the Golden Gate Master Plan;
the neighborhood center district of the Immokalee Master Plan; and the urban mixed
use district of the future land use element permitted in accordance with the locational
criteria for commercial and the goals, objectives, and policies as identified in the future
land use element of the Collier County GMP. The maximum density permissible in the
C-2 district and the urban mixed use land use designation shall be guided, in part, by the
density rating system contained in the future land use element of the Collier County
GMP. The maximum density permissible or permitted in a district shall not exceed the
density permissible under the density rating system.
1. The following uses, as identified with a number from the Standard Industrial
Classification Manual (1987), or as otherwise provided for within this section are
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permissible by right, or as accessory or conditional uses within the C-2
commercial convenience district.
a. Permitted uses.
* * * * * * * * * * * * *
25. Educational plants- and public schools subiect to LDC section
5.05.14.
* * * * * * * * * * * * *
C. Commercial Intermediate District (C-3). The purpose and intent of the commercial
intermediate district (C-3) is to provide for a wider variety of goods and services intended
for areas expected to receive a higher degree of automobile traffic. The type and variety
of goods and services are those that provide an opportunity for comparison shopping,
have a trade area consisting of several neighborhoods, and are preferably located at the
intersection of two-arterial level streets. Most activity centers meet this standard. This
district is also intended to allow all of the uses permitted in the C-1 and C-2 zoning
districts typically aggregated in planned shopping centers. This district is not intended
to permit wholesaling type of uses, or land uses that have associated with them the need
for outdoor storage of equipment and merchandise. A mixed-use project containing a
residential component is permitted in this district subject to the criteria established
herein. The C-3 district is permitted in accordance with the locational criteria for
commercial and the goals, objectives, and policies as identified in the future land use
element of the Collier County GMP. The maximum density permissible in the C-3 district
and the urban mixed use land use designation shall be guided, in part, by the density
rating system contained in the future land use element of the Collier County GMP. The
maximum density permissible or permitted in the C-3 district shall not exceed the
density permissible under the density rating system.
1. The following uses, as identified with a number from the Standard Industrial
Classification Manual (1987), or as otherwise provided for within this section are
permissible by right, or as accessory or conditional uses within the commercial
intermediate district (C-3).
a. Permitted uses.
* * * * * * * * * * * * *
31. Educational plants- and public schools subject to LDC section
5.05.14.
Page 15 of 56
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* * * * * * * * * * * * *
D. General Commercial District (C-4). The general commercial district (C-4) is intended to
provide for those types of land uses that attract large segments of the population at the
same time by virtue of scale, coupled with the type of activity. The purpose and intent of
the C-4 district is to provide the opportunity for the most diverse types of commercial
activities delivering goods and services, including entertainment and recreational
attractions, at a larger scale than the C-1 through C-3 districts. As such, all of the uses
permitted in the C-1 through C-3 districts are also permitted in the C-4 district. The
outside storage of merchandise and equipment is prohibited, except to the extent that it
is associated with the commercial activity conducted on-site such as, but not limited to,
automobile sales, marine vessels, and the renting and leasing of equipment. Activity
centers are suitable locations for the uses permitted by the C-4 district because most
activity centers are located at the intersection of arterial roads. Therefore the uses in the
C-4 district can most be sustained by the transportation network of major roads. The C-4
district is permitted in accordance with the locational criteria for uses and the goals,
objectives, and policies as identified in the future land use element of the Collier County
GMP. The maximum density permissible or permitted in a district shall not exceed the
density permissible under the density rating system.
1. The following uses, as defined with a number from the Standard Industrial
Classification Manual (1987), or as otherwise provided for within this section are
permissible by right, or as accessory or conditional uses within the general
commercial district (C-4).
a. Permitted uses.
* * * * * * * * * * * * *
49. Educational plants- and public schools subject to LDC section
5.05.14.
* * * * * * * * * * * * *
E. Heavy Commercial District (C-5). In addition to the uses provided in the C-4 zoning
district, the heavy commercial district (C-5) allows a range of more intensive
commercial uses and services which are generally those uses that tend to utilize
outdoor space in the conduct of the business. The C-5 district permits heavy
commercial services such as full-service automotive repair, and establishments
primarily engaged in construction and specialized trade activities such as contractor
offices, plumbing, heating and air conditioning services, and similar uses that typically
have a need to store construction associated equipment and supplies within an
Page 16 of 56
Words struck thr-eugh are deleted,words underlined are added
enclosed structure or have showrooms displaying the building material for which
they specialize. Outdoor storage yards are permitted with the requirement that such
yards are completely enclosed or opaquely screened. The C-5 district is permitted in
accordance with the locational criteria for uses and the goals, objectives, and
policies as identified in the future land use element of the Collier County GMP.
1. The following uses, as identified with a number from the Standard Industrial
Classification Manual (1987), or as otherwise provided for within this section
are permissible by right, or as accessory or conditional uses within the
heavy commercial district (C-5).
a. Permitted uses
* * * * * * * * * * * * *
57. Educational plants.- and public schools subject to LDC section
5.05.14.
* * * * * * * * * * * * *
154. Reupholstery and furniture repair (7641).
155. Roofing, siding and sheet metal work contractors (1761).
156. Secretarial and court reporting services (7338).
157. Security and commodity brokers, dealer, exchanges and
services (6211-6289).
158. Security systems services (7382).
159. Shoe repair shops and shoeshine parlors (7251).
160. Social services, individual and family (8322-8399, except
homeless shelters and soup kitchens).
161. Special trade contractors, not elsewhere classified (1799).
162. Structural steel erection contractors (1791).
163. Surveying services (8713).
164. Tax return preparation services (7291).
165. Taxicabs (4121).
166. Telegraph and other message communications (4822) including
communications towers up to specified height, subject to LDC
section 5.05.09.
167. Telephone communications (4812 and 4813) including
communications towers up to specified height, subject to LDC
section 5.05.09.
Page 17 of 56
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168. Theatrical producers and miscellaneous theatrical services,
indoor (7922-7929, including bands, orchestras and
entertainers; except motion picture).
169. Tour operators (4725).
170. Travel agencies (4724).
171. Truck rental and leasing, without drivers (7513).
172. United State Postal Service (4311, except major distribution
center).
173. Reupholstery and furniture repair (7641).
174173. Utility trailer and recreational vehicle rental (7519).
175174. Veterinary services (0741 & 0742, excluding outside
kenneling).
4-76175. Videotape rental (7841).
177176. Vocational schools (8243-8299).
4-78177. Wallpaper stores (5231).
4-79178. Watch, clock and jewelry repair (7631).
4-88179. Water well drilling (1781).
181180. Welding repair (7692).
182181. Any use which was permissible under the prior General Retail
Commercial (GRC) zoning district, as identified by Zoning
Ordinance adopted October 8, 1974, and which was lawfully
existing prior to the adoption of this Code.
4-83182. 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.
4-84183. Any other commercial or professional use which is comparable
in nature with the (C-1) list of permitted uses and consistent
with the purpose and intent statement of the district as
determined by the board of zoning appeals pursuant to LDC
section 10.08.00.
* * * * * * * * * * * * *
Page 18 of 56
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SUBSECTION 3.E. AMENDMENTS TO SECTION 2.03.06 PLANNED UNIT
DEVELOPMENT DISTRICT
Section 2.03.06 Planned Unit Development District, of Ordinance 04-41, as amended, the
Collier County Land Development Code, is hereby amended to read as follows:
2.03.06 - Planned Unit Development District
* * * * * * * * * * * * *
B. The PUD process is intended to accomplish the following:
* * * * * * * * * * * * *
3. Encourage patterns of lad land use that support economical provisions of
infrastructure, resulting in smaller networks of utilities and streets with
consequent lower construction and future maintenance costs.
* * * * * * * * * * * * *
SUBSECTION 3.F. AMENDMENTS TO SECTION 2.03.07 OVERLAY ZONING
DISTRICT
Section 2.03.07 Overlay Zoning District, of Ordinance 04-41, as amended, the Collier County
Land Development Code, is hereby amended to read as follows:
2.03.07 Overlay Zoning District
* * * * * * * * * * * * *
G. Immokalee Urban Overlay District. To create the Immokalee Urban Overlay District with
distinct subdistricts for the purpose of establishing development criteria suitable for the
unique land use needs of the Immokalee Community. The boundaries of the Immokalee
Urban Overlay District are delineated on the maps below.
* * * * * * * * * * * *
5. Main Street ;Overlay Subdistrict. Special conditions for the properties identified
in the Immokalee Area Master Plan; referenced on Map 7; and further identified
by the designation "MSOSD" on the applicable official Collier County Zoning
Atlas Maps. The purpose of this designation is to encourage development and
redevelopment by enhancing and beautifying the downtown Main Street area
through flexible design and development standards.
* * * * * * * * * * * *
Page 19 of 56
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c. Prohibited uses. All uses prohibited within the underlying residential and
commercial zoning districts contained within this Subdistrict, and the
following uses, shall be prohibited on properties with frontage on Main
Street in between First Street and Ninth Street in the Main Street
Overlay Subdistrict:
1. Automobile parking (7521) - - - -e--•-- - - e -e- -
2. Automotive dealers (5511, 5521, 5531 installation, 5551, 5561,
5571, 5599) - - - - - • - - --- - •- - ,
• -- - • -- .1- -
3. Facility with fuel pumps. Gasoline service stations (5511) on all
properties having frontage on Main Street and ga oline service
- - - - --
4. Primary uses such as convenience stores and grocery stores are
prohibited from servicing and repairing vehicles in conjunction with
the sale of gasoline_,:- - e e e--•- - e - -e- e
- '- , e- - • - " , - -- - • - - -- - - e" ' 'th Street
5. Automotive repair, services, parking (7514, 7515, 7521) and
carwashes (7542) - - - - ---•- - e - -e - - ''- -
- -- , - - • - - -- , --- - • - -- _ _ , _ - .thStreet
6. Radio and television repair shops (7622 automotive) is prohibited
on all properties having frontage on Main Street, North First
Street, South First Street and North 9th—Street—within—the—Main
7. Outdoor storage yards and outdoor storage
OveFlay-Stibdt.
Page 20 of 56
Words struck-though are deleted,words underlined are added
8. Drive-through areas - - -- - - - "e - - - ---- - - -
frontage on Main Street, North First Street, South First Street and
North 9th - -- • -•- -- •- _ -- e - - - - --
9. Warehousing (4225).
10. Communication towers, as defined in section 5.05.09 of this
Code, except as otherwise permitted in this Subdistrict.
11. Any other heavy commercial use which is comparable in nature
with the forgoing uses and is deemed inconsistent with the intent
of this Subdistrict shall be prohibited.
d. Accessory uses.
1. 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.
2. Communication towers, as defined in section 5.05.09 subject to
the following:
Such tower is an essential service use as defined by
subsection 2.01.03 A.4.; and
ii. Such tower may not exceed a height of 75 feet above
grade including any antennas attached thereto.
e. Conditional uses.
1. Conditional uses of the underlying zoning districts contained
within the subdistrict, subject to the standards and procedures
established in section 10.08.00 and as set forth below:
Local and suburban passenger transportation (4131, 4173)
located upon commercially zoned properties within the
Main Street Overlay Subdistrict.
ii. Communication towers, as defined in section 5.05.09 of
this Code for essential service uses as defined by
subsection 2.01.03 A.4 that exceed a height of 75 feet
above grade including any antennas attached thereto.
iii. The following conditional uses may be permitted only on
properties with frontage on North First Street, South First
Street, and North Ninth Street within the Main Street
Overlay Subdistrict:
Page 21 of 56
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a. Automobile parking (7521).
b. Automotive dealers (5511, 5521, 5531 installation,
5551, 5561, 5571, 5599).
c. Facility with fuel pumps.
d. Automotive repair, services, parking (7514, 7515,
7521) and carwashes (7542).
e. Radio and television repair shops (7622
automotive).
f. Outdoor storage yards and outdoor storage.
q. Drive-through areas.
h. Warehousing (4225).
Communication towers, as defined in LDC section
5.05.09, except as otherwise permitted in this
Subdistrict.
Any other heavy commercial use which is
comparable in nature with the foregoing uses and is
deemed consistent with the intent of this
Subdistrict.
* * * * * * * * * * * * *
Page 22 of 56
Words struck-through are deleted, words underlined are added
MAIN STREET OVERLAY SUBDISTRICT
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Map 7:Main Street Overlay Subdistrict
Page 23 of 56
Words struckh are deleted,words underlined are added
6. Nonconforming Mobile Home Site Rack Overlay Subdistrict. Establishment of
special conditions for these properties which by virtue of actions preceding the
adoption of Ordinance No. 91-102, on October 30, 1991, were deemed to be
nonconforming as a result of inconsistencies with the Land Development Code,
and are located within the Immokalee Urban Boundary as depicted on the
Immokalee Area Master Plan.
a. Purpose and intent. The purpose of these provisions is to recognize that
there are nonconforming mobile homes on properties parks in the
Immokalee Urban Area and to establish a process to provide property
owners an official record acknowledging the permitted use of the property
and render existing mobile homes, and other structures, as lawful. to
of substandard units, and to allow park owners to take advantage of
parks. Travel trailers, regardless of the square footage, are not permitted
-- - -- - - - - - - - - - -- - -. Travel trailers, regardless of the
square footage, are not permitted as a permanent habitable structure
and may not seek relief under this section. Properties that cannot meet
the requirements may pursue an agreement with the Board of County
Commissioners to establish compliance with this LDC section 2.03.07
G.6.
b. Application requirements. Property owners shall file an application as
provided for in the Administrative Code, Chapter 4, Section I.3.a —
Immokalee Nonconforming Mobile Home Sites - Existing Conditions Site
Improvement Plan and shall only be subject to the criteria, requirements,
and process expressly stated in the Administrative Code and this LDC
section.
c. Criteria for review. The following criteria shall apply to the existing
conditions site improvement plan approval process and shall be reviewed
by the County Manager or designee.
Minimum separation requirements shall be consistent with State
Fire Marshal Rule 69A-42.0041 Fire Separation Requirements.
Page 24 of 56
Words strut ough are deleted,words underlined are added
ii. The District Fire Official shall provide written confirmation that
either an existing fire hydrant or a supplemental apparatus,
provided by the Fire District, is adequate for fire protection.
iii. National Fire Codes, 501A-11, Chapter 6, 6.1.1 Site Plan (6.1.1
through 6.1.2).
d. Density. Once the existing conditions site improvement plan is approved,
owners may replace mobile home units with an approved building
permit at sites shown on the site plan. Replacement units may be larger
than the removed unit, so long as the minimum separation standards
established in LDC section 2.03.06 G.6.c.i are met.
Where properties currently exceed the density allowed for by the
zoning district, the approved existing conditions site improvement
plan shall establish the maximum density on the property which
shall not exceed the density of the property as depicted on the
Property Appraiser aerial maps dated before February 2016. All
lots and units shall be consistent with the approved existing
conditions site improvement plan.
ii. Where the zoning district allows for additional density, new
mobile home units may be added and shall be identified on the
site plan. New mobile homes shall be subject to the dimensional
standards established in LDC section 4.02.33.
b. Required site improvement plan application. The property owners of all
- •• - - • , e. • • •-
plan (SIP) meeting the standards set forth below by January 9, 2003 or
thereafter within the time frame set forth in an order of the Codc
Enforcement Board finding a violation of this section, or by the date set
forth in a Compliance or Settlement Agreement entered into between
the SIP submittal-process set forth below.
c. The site improvement plan (SIP) master plan shall illustrate the way
- - - -- - - - -- -- - -- - - -
Page 25 of 56
Words st^•^' h are deleted,words underlined are added
Code requirements (i.e. setbacks, space between buildings, density, and
referenced herein. The approved SIP showing all of the above shall
permit and all mobile homes deemed to be unsafe and unfit for human
habitation, and otherwise contrary to the county's housing code unless
in b. and c. above, see Section 10.02.05 F. of this Code.
* * * * * * * * * * * * *
SUBSECTION 3.G. AMENDMENTS TO SECTION 2.03.08 RURAL FRINGE ZONING
DISTRICTS
Section 2.03.08 Rural Fringe Zoning Districts, of Ordinance 04-41, as amended, the Collier
County Land Development Code, is hereby amended to read as follows:
2.03.08 Rural Fringe Zoning Districts
* * * * * * * * * * * * *
A. Rural Fringe Mixed-Use District (RFMU District).
* * * * * * * * * * * *
4. RFMU sending lands. RFMU sending lands are those lands that have the
highest degree of environmental value and sensitivity and generally include
significant wetlands, uplands, and habitat for listed species. RFMU sending
lands are the principal target for preservation and conservation. Density may
be transferred from RFMU sending lands as provided in LDC section 2.03.07
D.4.c. All NRPAs within the RFMU district are also RFMU sending lands.
With the exception of specific provisions applicable only to NBMO neutral
lands, the following standards shall apply within all RFMU sending lands:
a. Allowable uses where TDR credits have not been severed.
Page 26 of 56
Words struelk-through are deleted,words underlined are added
* * * * * * * * * * * * *
(2) Accessory uses. Accessory uses and structures that are
accessory and incidental to uses permitted as of right in LDC
section 2.03.08(A)(2)(a)(1)A.4.a.1 above.
* * * * * * * * * * * * *
C. North Belle Meade Overlay District (NBMO).
* * * * * * * * * * * * *
2. General location. The NBMO District is surrounded by Golden Gate Estates to
the north, east, and west and 1-75 to the south. This NBMO comprises some 24
sections of land (approximately 15,550 acres) located entirely within the RFMU
District (LDC section 2.03.08 A.). The boundaries of the NBMO District are
outlined in Illustration 2.03.08 D.2.A C.2.a below and on the North Belle Meade
Overlay Map in the Future Land Use Element of the GMP.
NORTH BELLE MEADE OVERLAY DISTRICT
GOLDEN GATE BOULEVARD
cc o
O
w
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w
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w
0 0
co
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ALLIGATOR ALLEY (S.R.84)
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Illustration 2.03.08 0.2.A. C.2.a
Page 27 of 56
Words struck through are deleted,words underlined are added
3. Applicability:
a. NBMO receiving lands. Permitted, conditional, and accessory uses
within NBMO Receiving Lands shall be as set forth in LDC section
2.03.08 (A){-24 A_2, except as provided in LDC section 2.03.08
(D}(5)C.5.a. All other provisions of this Code that implement the Future
Land Use Element, Conservation and Coastal Management Element, or
Public Facilities Element, including but not limited to Chapters 3, 4 and
10, shall only be applicable to development in NBMO Receiving Lands to
the extent specifically stated in this section. However, all development
within NBMO Receiving Lands shall comply with all non-environmental
review procedures for site development plans and platting as set forth in
this Code.
b. NBMO neutral lands. Except as otherwise specifically provided in LDC
section 2.03.08 D.4 C_4. and section 2.03.08 D5.b C.5.b, all
development within NBMO neutral lands shall be consistent with LDC
section 2.03.08 A.3.
c. NBMO sending lands. Except as otherwise specifically provided in LDC
section 2.03.08 D.4 CA., all development with NBMO Sending Lands
shall be consistent with LDC section 2.03.08 A.4.
* * * * * * * * * * * * *
SUBSECTION 3.H. AMENDMENTS TO SECTION 3.02.10 STANDARDS FOR
SUBDIVISION PLATS
Section 3.02.10 Standards for Subdivision Plats, of Ordinance 04-41, as amended, the Collier
County Land Development Code, is hereby amended to read as follows:
3.02.10 Standards for Subdivision Plats
* * * * * * * * * * * *
E. All final plats presented for approval shall clearly indicate the finished elevation of the
roads and the average finished elevation of the lots or homesite. All grades must be
shown in both NAVD. - - - e. •- - - - •- - e- - - - - --_-e - e--
Page
-Page 28 of 56
Words struck through are deleted,words underlined are added
datum with 3 note on the cover sheet listing a site specific equation for determining
* * * * * * * * * * * * *
SUBSECTION 3.1. AMENDMENTS TO SECTION 3.05.04 VEGETATION REMOVAL
AND PROTECTION STANDARDS
Section 3.05.04 Vegetation Removal and Protection Standards, of Ordinance 04-41, as
amended, the Collier County Land Development Code, is hereby amended to read as follows:
3.05.04 Vegetation Removal and Protection Standards
* * * * * * * * * * * * *
G. Protective barriers shall be installed and maintained for the period of time beginning with
the commencement of any phase of land clearing or building operations, and ending
with the completion of that phase of the construction work on the site, unless otherwise
approved to be removed by the County Manger Manager or designee. All protective
barriers shall be installed pursuant to LDC sections 3.05.04 and 4.06.05 E. the Tree
other methods approved by the County Manager or designee. All protective barriers
-- - P. -
■' ' - - e - -
the preserve during construction. The boundary of the Preserve shall—be posted with
appropriate signage denoting the ar a as a Preserve. Sign(s) should note that tho
posted area is a protected area. The signs shall be no closer than ten feet from
size of two square feet; and otherwise comply with section 5.06.00.
H. Signage shall be placed around the preserve to identify and protect the preserve in
accordance with the following standards:
a. Signs identifying preserves shall be posted prior to preliminary acceptance for
each phase of Final Subdivision Plat (PPL) pursuant to LDC section 10.02.04, or
first certificate of occupancy for Site Development Plans, Site Improvement Plans
and amendments thereof pursuant to LDC section 10.02.03, whichever is
applicable.
Page 29 of 56
Words struck eugh are deleted,words underlined are added
b. Signs identifying preserves shall be placed at the boundary of the preserve,
except where a preserve abuts another preserve.
c. There shall be at least one preserve sign posted every 300 feet, with a minimum
of two signs per preserve. However, where a preserve abuts a lake maintenance
easement, there shall be at least one preserve sign posted every 1,000 feet, with
a minimum of one sign per lake.
d. Signs identifying preserves shall be a maximum height of four feet and a
maximum size of two square feet and otherwise comply with LDC section
5.06.00. Lettering for signs shall be a minimum of two inches in height and the
sign copy shall be clearly legible from the edge of preserve as determined by the
County Manager or designee.
14-1. The applicant for a vegetation removal permit shall, at the time of application, designate
representative(s), who shall be responsible for the installation and the maintenance of all
tree protection barriers, and for supervising the removal of all existing vegetation
permitted to be removed or altered.
* * * * * * * * * * * * *
SUBSECTION 3.J. AMENDMENTS TO SECTION 3.05.07 PRESERVATION
STANDARDS
Section 3.05.07 Preservation Standards, of Ordinance 04-41, as amended, the Collier County
Land Development Code, is hereby amended to read as follows:
3.05.07 Preservation Standards
* * * * * * * * * * * * *
H. Preserve standards.
1. Design standards.
a. Identification. Native vegetation that is required to be preserved or
mitigated pursuant to 3.05.07 A. through F. shall be set-aside in a
Preserve and shall be identified in the following manner:
The Preserve shall be labeled as "Preserve" on all site plans.
ii. If the development is a PUD, the Preserve shall be identified on
the PUD Master Plan, if possible. If this is not possible, a minimum
of 75% of the preserves shall be set-aside on the PUD Master
Page 30 of 56
Words struckgh are deleted,words underlined are added
Plan with the remaining 25% identified at the time of the next
development order submittal.
iii. The Preserve shall be identified at the time of the first submittal for
a development order submittal that requires the approval of a
site plan or conceptual site plan.
* * * * * * * * * * * *
g. Preserve management plans. Criteria i, ii, vii and viii below are required
for all preserves whether a management plan for the preserve is required
or not. Preserve Management Plans shall be required for all properties
with 5 acres or more of preserve or where listed species are utilizing the
preserve or where the preserve contains habitat which requires
management for fire (such as Pine Flatwoods, Palmetto Prairie or Scrub).
The Preserve Management Plan shall identify actions that must be taken
to ensure that the preserved areas will maintain natural diversity and
function as proposed. A Preserve Management Plan shall include the
following elements:
* * * * * * * * * * *
vii. Protection During Construction and Signage After Construction.
The Preserve Management Plan shall address protective
measures during construction and signage during and after
construction that are consistent with LDC section 3.05.04.
* * * * * * * * * * * * *
SUBSECTION 3.K. AMENDMENTS TO SECTION 3.05.10 LITTORAL SHELF
PLANTING AREA (LSPA)
Section 3.05.10 Littoral Shelf Planting Area (LSPA), of Ordinance 04-41, as amended, the
Collier County Land Development Code, is hereby amended to read as follows:
3.05.10 - Littoral Shelf Planting Area (LSPA)
* * * * * * * * * * * * *
C. Application to existing lakes. All previously approved projects requiring littoral plantings
shall meet the operational requirements set out in LDC section 3.05.10 B. above.
* * * * * * * * * * * * *
Page 31 of 56
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2. For amendments to approved excavations where the proposed amendments will
modify the previously approved lake shoreline or increase the previously
approved lake area, signage of the planted littoral areas shall be required subject
to LDC section 3.05.10 A.6.
a. For amendments that modify less than 20 percent of the previously
approved shoreline but increase the previously approved lake area, only
the additional portion of the lake shall be used to calculate the additional
LSPA area using the percentage requirements of LDC section 3.05.10
A.1. (See f-Figure 4 3.05.10 below)_This additional LSPA shall conform to
the design requirements of LDC section 3.05.10 A.
b. For amendments that modify 20 percent or more of the previously
approved shoreline, the total lake area shall be used to calculate the
LSPA area using the percentage requirements of LDC section 3.05.10
A.1. (See f Figure 4 3.05.10 below). The LSPA shall conform to the
design requirements of LDC section 3.05.10 A.
[remainder of page purposefully left blank]
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igure 3.5.11.3.2
111111
isting lake
— — — — la' addition
For amendments tha modify the existing la area
by adding an addition, o y the new portion o' the lake
shall be used to calculate he LSPA area u-ing the
percentage requirements o' 3.5.11.1.1.
Akik
/ l
1 I
1
1 �
existing shoreline
— — modified lake shoreline
.or amendments that modify the existing shoreline
iy greater than 20 percent, the total lake area
shall be used to calculate the LSPA area using the
percentage requirements of 3.5.11.1.1.
• PARED BY OFFICE OF GRAPHICS AND TECHNICAL SUPPORT
•MUUNLTY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION
DATE:512004 FILE:LDC-2004-4.DWG
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1 **Revised image**
existing lake
— — — lake addition
For amendments that modify the existing lake area
by adding an addition, only the new portion of the lake
shall be used to calculate the LSPA area using the
percentage requirements of LDC Section 3.05.10.A,1
fi
existing shoreline
— — — — modified lake shoreline
For amendments that modify the existing shoreline
by greater than 20 percent, the total take area
shall be used to calculate the LSPA area using the
percentage requirements of LbC Section 3.05.10,A.1
AWARE]) V ISICAD IME044 SECTION
GOLOWTN 44NASEMEIVT DEPARTMENT
DATE 1/Dll LOC-2004-411•Wi
Figure 3.05.10— Modified Littoral Shelf Planting Area
* * * * * * * * * * * * *
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SUBSECTION 3.L. AMENDMENTS TO SECTION 4.02.33 SPECIFIC DESIGN
STANDARDS FOR THE IMMOKALEE—MOBILE HOME PARK
OVERLAY SUBDISTRICT
Section 4.02.33 Specific Design Standards for the Immokalee—Mobile Home Park Overlay
Subdistrict, of Ordinance 04-41, as amended, the Collier County Land Development Code, is
hereby amended to read as follows:
4.02.33 - Specific Design Standards for New Mobile Home Lots in the Immokalee Urban
Overlay Subdistrict—Mobile-Home Park-Overlay-Subdistrist
The purpose of this section is to provide relief from the dimensional standards established in
LDC section 4.02.01 for new mobile home lots approved through an existing conditions site
improvement plan or amendments thereof within the Nonconforming Mobile Home Site Overlay
Subdistrict, as established in LDC section 2.03.07 G.6. This section shall not apply to the
replacement of mobile home units identified on lots established by an existing conditions site
improvement plan.
A. Dimensional standards.
Table 15. Dimensional standards for the Nonconforming Mobile Home Site Park Overlay
Subdistrict
Design Standard
Minimum lot requirements
Single-wide units 2,400 square feet
Double-wide units 3,500 square feet
Minimum lot width
Single-wide units 35 feet
Double wide units 45 feet
Minimum setback requirements
Interior roads
Front yard 10 feet
Side yard 5 feet
Rear yard 8 feet
Public road frontages 20 feet
Minimum spacc separation between structures 10 feet
or zero lot line development
Minimum floor area for replacement units 320 square feet
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B. Where a public water line is available, a hydrant will be required to serve the park.
Should water line pressure be inadequate, arrangements shall be made to seek
is adequate for fire protection.
G-B. A dumpster or enclosure for individual containers is required in accordance with section
5.03.04. of this LDC. No dumpster shall be located closer than fifteen (15) feet from any
public street.
ID-C. Private roads leading to and serving the mobile home park or mobile home lots must
be improved and maintained, and shall consist of a dust free surface with a minimum
width of twenty (20) feet. The dust free surface may consist of aggregate material
treated with oil-based material that will bind the aggregate material into a form of
macadam road finish. A drainage ditch capable of storing the first one inch of rainfall
shall be incorporated into the right-of-way design-cross section, exclusive of the
required twenty (20) feet. Drainage shall be directed to a public road via the private road
and/or easement conveyance, unless it can be proved that the on-site percolation rates
exceed the on-site retention requirement.
* * * * * * * * * * * * *
SUBSECTION 3.M. AMENDMENTS TO SECTION 4.06.02 BUFFER
REQUIREMENTS
Section 4.06.02 Buffer Requirements, of Ordinance 04-41, as amended, the Collier County
Land Development Code, is hereby amended to read as follows:
4.06.02 - Buffer Requirements
* * * * * * * * * * * * *
C. Types of buffers. Within a required buffer strip, the following types of buffers shall be
used based on the matrix in Table 2.4. (See Figure 4.06.02.0-1)
* * * * * * * * * * * * *
4. Type D Buffer: A landscape buffer shall be required adjacent to any road right-
of-way external to the development project and adjacent to any primary
access roads internal to a commercial development. Said landscape buffer
shall be consistent with the provisions of the Collier County Streetscape Master
Plan, which is incorporated by reference herein. The minimum width of the
perimeter landscape buffer shall vary according to the ultimate width of the
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abutting right-of-way. Where the ultimate width of the right-of-way is zero to
99 feet, the corresponding landscape buffer shall measure at least ten feet in
width. Where the ultimate width of the right-of-way is 100 or more feet, the
corresponding landscape buffer shall measure at least 15 feet in width.
Developments of 15 acres or more and developments within an activity center
shall provide a perimeter landscape buffer of at least 20 feet in width regardless
of the width of the right-of-way. Activity center right-of-way buffer width
requirements shall not be applicable to roadways internal to the development.
* * * * * * * * * * * * *
b. A continuous 3 gallon double row hedge spaced 3 feet on center of at
least 24 inches in height at the time of planting and attaining a minimum
of 30 inches in height in one year shall be required in the landscape
buffer where vehicular areas are adjacent to the road right-of-way,
pursuant to LDC section 4.06.05 C:4 D_4.
* * * * * * * * * * * * *
SUBSECTION 3.N. AMENDMENTS TO SECTION 4.06.05 GENERAL
LANDSCAPING REQUIREMENTS
Section 4.06.05 General Landscaping Requirements, of Ordinance 04-41, as amended, the
Collier County Land Development Code, is hereby amended to read as follows:
4.06.05 General Landscaping Requirements
* * * * * * * * * * * * *
I. Location requirements for signage adjacent to landscape buffer.
1. Signage located within/adjacent to landscape buffer area. All trees and shrubs
located within landscape buffer shall be located so as not to block the view of
signage as shown in Figure 4.06.05 14- I.1. below, Signage adjacent to
landscape buffer. Sign locations shall be shown on the landscape plan and 100
square feet of landscaping shall be provided as required by LDC section 5.06.01
5.06.04 F.
* * * * * * * * * * * * *
N. Water management areas.
1. Natural and manmade bodies of water including retention areas for all
developments subject to LDC sections 5.05.08, 4.06.02 D, and 3.05.10.
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a. Configuration of water management areas. The shape of a manmade
body of water, including retention and detention areas, must be designed
to appear natural with curvilinear edges. See "Body of Water Shapes"
Figure Y in subsection 4.06.02 D. An alternative design may be approved
as a part of the design of the building, if the design of the water
management area is related to the architectural design of the building.
* * * * * * * * * * * * *
SUBSECTION 3.0. AMENDMENTS TO SECTION 5.03.06 DOCK FACILITIES
Section 5.03.06 Dock Facilities, of Ordinance 04-41, as amended, the Collier County Land
Development Code, is hereby amended to read as follows:
5.03.06 Dock Facilities
* * * * * * * * * * * * *
J. Protection of seagrass beds. Seagrass or seagrass beds within 200 feet of any
proposed docks, dock facilities, or boathouses shall be protected through the following
standards:
* * * * * * * * * * * *
3. Where a continuous bed of seagrasses exists off the shore of the property and
adjacent to the property, the applicant shall be allowed to build a dock across
the seagrass beds, or a docking facility within 10 feet of seagrass beds. Such
docking facilities shall comply with the following conditions:
a. The dock shall be at a height of at least 3,5 2_2 feet NGVD NAVD.
* * * * * * * * * * * * *
SUBSECTION 3.P. AMENDMENTS TO SECTION 5.04.05 TEMPORARY EVENTS
Section 5.04.05 Temporary Events, of Ordinance 04-41, as amended, the Collier County Land
Development Code, is hereby amended to read as follows:
5.04.05 Temporary Events
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A. Special Events. This section establishes the location and development standards for
special events, including temporary market events, sales and promotional events, and
sports, religious, and community events.
1. Standards applicable to all special events.
a. Sanitary facilities shall be provided for the duration of the event. Proof of
consent by business management shall be provided if permanent
business restrooms are to be used.
b. Safe ingress and egress shall be provided to the site, including
emergency access measures.
c. A maximum of 25 percent of the vehicular use area may be occupied or
otherwise rendered unusable by the placement of temporary structures,
equipment, and merchandise associated with the special event, unless
equivalent additional off-site parking is provided.
d. The minimum required number of handicapped parking spaces for the
site pursuant to LDC section 4.05.07 shall not be used for the special
event.
e. In support of the special event, temporary structures, equipment,
merchandise, and signage may be placed on the site sublect to the
approval of a site diagram depicting the locations of principal structures,
parking, temporary structures, and signage.
Temporary signage shall be subject to the restrictions set forth in
LDC section 5.04.06.
ii. All temporary structures, equipment, merchandise, or placement
and parking of vehicles in conjunction with the special event shall
be located in a parking lot or open space at least 10 feet from the
property line and shall be removed at the conclusion of each
event.
iii. A building permit may be required for the erection of temporary
tents or structures.
f. See Collier County Code of Laws Sections 118-102 and 118-131 to 118-
155, or successor sections, for additional standards related to solid
waste and recycling collection.
g. No sales, advertising, or other activity related to the special event shall be
permitted in the public right-of-way in accordance with Collier County
Code of Laws Section 26-1, or successor sections.
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h. Application. The Administrative Code shall establish the procedural
requirements for special events.
2. Temporary Market Events. A temporary use permit is required for temporary
market events to allow for the temporary sale of retail products which may not
normally be available in non-residential zoning districts. Temporary market
events shall be defined as a single- or multi-vendor event where vendors sell
goods or personal services directly to the public, such as, but not limited to:
farmers markets, art fairs, and craft fairs.
a. Location. Temporary market events are allowed on improved or
unimproved non-residential properties. For temporary events on Collier
County Property, see LDC section 5.04.05 D.
b. The applicant shall provide a letter from the property owner or property
manager granting permission to utilize the subiect property for the
temporary market event during the requested time period.
4-3. Sales and Promotional Events.
a. A temporary use permit is required for temporary sales and/or
promotional events on non-residential property, such as grand openings,
going out of business sales, special promotional sales, sidewalk sales,
overstock sales, tent sales, or other similar uses for sales and
promotional events related to the principal activities in operation at the
subject property, unless otherwise provided for in this section.
b. The Administrative Code shall--establish the procedural requirements for a
c. In support of the proposed temporary sale or event, temporary signs,
merchandise, structures, and equipment may be placed subject to
i. Temporary signage shall be subject to the restrictions set forth in
section 5.04.06
ii. All temporary structures and equipment, merchandise, or
placement and parking of vehicles in conjunction with the
temporary sale, shall conform to the minimum yard requirements
of the zoning district in which it is located.
iii. A building permit may be required for the erection of temporary
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el-b. Temporary use permits for sales may be issued to the owner(s) of a
commercial establishment, or to the tenant(s) operating within a
commercial establishment with the approval of the property owner or
property manager, provided said tenant provides documentation of a
current annual lease with the property owner. Uses permitted by an
approved temporary sales permit shall be operated by the property owner
or tenant(s), except as provided for in LDC sections 5.04.05 A.4-:g: 3_e.
and 5.04.05 A.4.h 3_f. below.
e-c. Temporary use permits for sales shall be restricted to those zoning
districts in which the sale of the items would normally be permitted.
Further, the sales activity permitted by the temporary use permit shall be
related to the principal commercial activities in operation on the subject
property, except as provided for in LDC subsections 5.04.05 A.-4- 3_e
and 5.04.05 A.4 h 3.f below.
f-d. Special event temporary use permits for Sales and Promotional Events
shall not be issued for undeveloped unimproved properties, with
exception to pre-construction ground breaking events with a valid
development order.
g-e. The County Manager or designee may issue temporary use permits for
satellite locations subject to the applicable restrictions set forth in this
section, provided the applicant currently operates a business from a
permanent, approved commercial location within the County. Additionally,
the purpose of the temporary sale shall be the same as the principal
purpose of the existing commercial business of the applicant.
h-f. The County Manager or designee may, in determining a specific benefit
to the public, grant a temporary use permit to facilitate the sale of an item
or items not generally available within a specific planning community,
subject to the applicable restrictions set forth in this section.
2-4. Sports, religious, and community events.
a. A temporary use permit is required for sports, religious, community, or
other similar events sponsored by profit, nonprofit, charitable, civil, or
membership organizations, on lands not specifically developed and
approved for such activities on a regular basis. The County Manager or
days duration for such events.
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b. Temporary use permits of this type may, in support of the use being
permitted, include the placement of temporary signs, merchandise,
a mobile home as an office, but not for
residency.
Temporary signage shall be subject to the restrictions set forth in
section 5.01.06
ii. A building permit may be required for the placement and/or
c. Temporary use permits in this category shall be restricted to those zoning
districts in which the use would normally be permitted be compatible,
unless otherwise approved by the Board of County Commissioners via a
public petition request.
d. The County Manager or designee shall accept, without fee, temporary
use permit applications for sports, religious, community, or other similar
events, upon presentation of documentation that the sponsor of the event
is a bona fide nonprofit organization and the event is intended to benefit
the community at large or a specific group of individuals. Two such events
per calendar year per organization are eligible for this permit.
3. Special Event time limits.
a. The County Manager designee may grant nonrenewable temporary
the sum total duration of all permits for such events for that location docs
not exceed 28 days.
occupancy parcels with 10 or more tenants the total duration
of all such permits shall not exceed 12 days per calendar year.
c. Temporary use permits for special events may be extended up to an
additional 4 weeks when approved by the Board of County
Commissioners. Such approval may be subject to stipulations and
such conditions.
B. Temporary seasonal sales. A temporary use permit may be
issued for seasonal and holiday related temporary sales subject to the following
restrictions.
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1. Temporary use permits for seasonal sales may be issued only for the following
seasonal/holiday related items:
a. Christmas trees.
b. Fireworks, as allowed by F.S. Chapter 791 and subject to the issuance of
an approved permit by the jurisdictional fire district.
c. Pumpkins.
2. Temporary use permits for seasonal sales may be issued on improved or
unimproved properties.
3. The applicant shall provide a notarized letter from the property owner or
property manager granting permission to utilize the subject property for the
temporary seasonal sales.
use being permitted, include the placement of signs, merchandise, temporary
a. Temporary cignagc is subjcct to the restrictions set forth in subsection
5.04.06 A & B.
b. A building permit may be required for the erection of temporary
structures.
C. Garage sales. A permit is required for garage sales,: In the case of garage sales, lawn
sales, and other similar temporary sales to be held at private homes, churches and
other places of worship, community centers, or other nonprofit residentially zoned
institutions, the County Manager or designee may issue one 2 day permit for such
D. Temporary events on Collier County property.
1. A Board approved agreement shall be required for temporary events on all
Collier County parks, facilities, and other property. A temporary use permit shall
not be required.
2. Signage for temporary events on Collier County property shall comply with LDC
section 5.04.06 Temporary Signs.
3. The applicant shall coordinate with emergency medical services, fire districts,
and Collier County Sheriff's offices to determine the appropriate level of coverage
required for the event.
E. Temporary Uses, not elsewhere classified. At the direction of the BCC, the County may,
from time to time, be called upon to allow certain uses for specific periods of time. After
public hearing, the County Manager or designee may issue a Temporary Use Permit
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upon receipt of satisfactory evidence that all stipulations and/or requirements have been
satisfied.
F. Temporary event time limits.
1. Table 5.04.05 F.1. —Temporary Event Time Limits
Maximum number
Maximum number of of event days
Temporary event type event days allowed for allowed per
each permit calendar year per
location
Temporary market events 13 52'
Sales and promotional events 14 282'3
Sports, religious, and community events 14 282'3
Temporary seasonal sales 35 105
Garage sales 24 4
Temporary events on Collier County As approved in accordance with LDC
property section 5.04.05 D.
Temporary uses not elsewhere classified As approved in accordance with LDC
section 5.04.05 E.
1 Maximum consecutive event days shall not exceed two event days at any one location.
2 Extension. Temporary use permits for sales and promotional events and sports,
religious, and community events may be extended up to an additional four weeks when
approved by the Board of County Commissioners at a regularly scheduled public
meeting. Such approval may be subject to stipulations and additional constraints which
shall be noted as conditions of the permit and the permittee will be required to sign a
notarized agreement to abide by such conditions.
3 For multiple occupancy parcels with ten or more tenants the total duration of all
such events shall not exceed 42 event days per calendar year.
4 The County Manager or designee may issue one 2 day permit for such events
during each 6 month period.
SUBSECTION 3.Q. ADDING SECTION 5.05.14 PUBLIC SCHOOLS
Section 5.05.14 Public Schools, of Ordinance 04-41, as amended, the Collier County Land
Development Code, is hereby added as follows:
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5.05.14 Public Schools
A. Purpose and intent. This section is intended to provide for compatibility of public
schools in Estates, residential, and commercial zoning districts. In particular, this section
seeks to ensure that impacts to traffic circulation, vehicle stacking, and vehicular and
pedestrian access to the site are reviewed by the County and impacts are mitigated. All
applications for public schools submitted as of [effective date of /b.1 shall be
considered in the manner described by this section.
B. All public schools shall meet the standards in LDC sections 5.05.14 C, D, and E below,
unless an agreement is established between the operator of the public school and the
Board of County Commissioners that addresses, at a minimum, the issues established in
F.S. §§ 163.31777 and 1013.33.
C. Requirements where no agreement is established between the operator of the public
school and the Board of County Commissioners:
1. Public schools located within the Estates or residential zoning districts shall be
subject to conditional use approval and this section.
2. Public schools located within a commercial zoning district that construct a new
building(s) or occupy an existing building(s), or there is an expansion to the
school which results in greater than a 5 percent increase in student capacity shall
comply with this section.
D. Traffic circulation standards for all application types:
1. Vehicles trips dedicated to the public school shall not queue or have an impact
on existing through-lanes on the adjacent roadways and shall be addressed in
accordance with TIS guidelines and procedures.
2. Pedestrian access shall be provided from the public school to external
pathways.
E. Application requirements.
1. A SDP, SDPA, SDPI, or a SIP shall be submitted pursuant to LDC section
10.02.03 and shall demonstrate the following:
a. The location of all drop-off and pick-up and sites, such as those for
vehicles and buses.
b. The location of on-site stacking lanes that serve drop-off and pick-up
sites.
c. The location of new or existing turn lanes.
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d. The location of all internal pedestrian connections and the location of
pedestrian access points to exterior pathways.
e. Any additional information requested by the County Manager or designee
regarding traffic impacts.
2. A TIS, in accordance with the TIS guidelines and procedures, shall demonstrate
the following:
a. The trip distribution percentages and number of trips, and trip
assignments of where vehicles and buses will enter and exit the site.
b. Any additional information requested by the County Manager or designee
regarding traffic impacts.
F. Educational facilities, as defined in LDC section 1.08.02, shall be exempt from this
section.
* * * * * * * * * * * * *
SUBSECTION 3.R. AMENDMENTS TO SECTION 5.06.00 SIGN REGULATIONS
AND STANDARDS BY LAND USE CLASSIFICATION
Section 5.06.00 Sign Regulations and Standards by Land Use Classification, of Ordinance 04-
41, as amended, the Collier County Land Development Code, is hereby amended to read as
follows:
5.06.00 Sign Regulations and Standards by Land Use Classification
A. Definitions. The definitions of the following terms shall apply to the requirements of the
Land Development Code, in particular this section 5.06.00, to be known as the "Collier
County Sign Code."
* * * * * * * * * * * *
that is erected on the ground, where no part of the sign is attached to any part of
Ground sign: A sign, 8 ft. in height or lower which is independent of
support from any building, that is mounted on freestanding poles or other
supports, and shall include a pole cover that is between 50 percent and 100
percent of the overall sign width.
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* * * * * * * * * * * *
Project identification sign: A directional sign which provides identification
or recognition of a development only; individual tenants or outparcels are not
permitted to use this type of signage.
* * * * * * * * * * * * *
SUBSECTION 3.S. AMENDMENTS TO SECTION 6.02.06 POTABLE WATER
FACILITY LEVEL OF SERVICE REQUIREMENTS
Section 6.02.06 Potable Water Facility Level of Service Requirements, of Ordinance 04-41, as
amended, the Collier County Land Development Code, is hereby amended to read as follows:
6.02.06 Potable Water Facility Level of Service Requirements
A- See Policy 1.5 D, the Capital Improvement Element of the Growth Management Plan, or
successor section, for the level of service standards for potable water facilities. The
water systems.
1. For the Collier County Water and Sewer District, the LOS is 185 gallons per
2. For the Goodland Water District, the LOS is 163 GPCD.
3. For the City of Naples unincorporated service area, the LOS is 163 GPCD.
�. For the Everglades City unincorporated service area, the LOS is 163 GPCD.
5. For independent districts and private potable water systems, the LOS is the
empt from these LOS requirements.
13- The gdetermination of public facility adequacy for potable water facilities shall be based
on the following+ LDC section 10.02.07 F.1.
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3. The required public facilities are guaranteed in an enforceable development
13 2. of the LDC.
* * * * * * * * * * * * *
SUBSECTION 3.T. AMENDMENTS TO SECTION 6.02.07 SANITARY SEWER
FACILITY LEVEL OF SERVICE REQUIREMENTS
Section 6.02.07 Sanitary Sewer Facility Level of Service Requirements, of Ordinance 04-41, as
amended, the Collier County Land Development Code, is hereby amended to read as follows:
6.02.07 - Sanitary Sewer-Wastewater Treatment Facility Level of Service Requirements
R- See Policy 1.5 E, the Capital Improvement Element of the Growth Management Plan, or
successor section, for the level of service standards for sanitary sewer — wastewater
treatment facilities. The LOS for capital sanitary sewer facilities varies between public
sanitary sewer systems and private sanitary sewer systems. The LOS for the North
The LOS for the South Sewer Area is 100 GPCD. The LOS for the Southeast Sewer
Service Area is 120 GPCD. The LOS for the Northeast Sewer Service Area is 120
GPCD. The LOS for the City of Naples unincorporated sewer service area is 121 GPCD.
B. The LOS for independent districts and private sanitary sewer systems is the sewage flow
as rcquircd by the Statc of Florida. Approved private septic systems are exempt from
these LOS requirements.
The determination of public facility adequacy for sanitary sewer-wastewater treatment
facilities shall be based on : LDC section 10.02.07 F.2.
3. The required public facilities are guaranteed in an enforceable development
O2,
* * * * * * * * * * * * *
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SUBSECTION 3.U. AMENDMENTS TO SECTION 9.04.04 SPECIFIC
REQUIREMENTS FOR MINOR AFTER-THE-FACT
ENCROACHMENT
Section 9.04.04 Specific Requirements for Minor After-the-Fact Encroachment, of Ordinance
04-41, as amended, the Collier County Land Development Code, is hereby amended to read as
follows:
9.04.04 Specific Requirements for Minor After-the-Fact Encroachment
Minor after-the-fact yard encroachments for structures, including principal and accessory
structures, may be approved administratively by the County Manager or designee. Exceptions
to required yards as provided for within LDC section 4.02.01.D shall not be used in the
calculations of existing yard encroachments.
A. For both residential and non-residential structures the County Manager or
designee may administratively approve minor after-the-fact yard encroachments
of up to five (5) percent of the required yard, not to exceed a maximum of six (6)
inches when=
1. A a building permit has been issued and
a certificate of occupancy has not been granted. The encroachment
applies to the yard requirement in effect as of the date the building
permit was issued.
B. For both residential and non-residential structures, the County Manager or
designee may administratively approve minor after-the-fact yard encroachments
of up to ten (10) percent of the required yard with a maximum of two (2) feet
when
1. A a building permit and certificate of occupancy
order-has been granted. The encroachment applies to the yard
requirement in effect as of the date the building permit was issued.
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C. For property supporting a single-family home, two-family home, duplex, mobile
home or modular home, the County Manager or designee may administratively
approve encroachments of up to twenty-five (25) percent of the required yard in
effect as of the date of the buildinq permit when one of
the following conditions exists:-
1. In the presence of mitigating circumstances, where the encroachment
does not result from error or action on the part of the property owner and
a buildinq permit has been issued.
3-2. When Where no building permit record can be produced and the
following criteria must be are met:
a. An after-the-fact building permit for the structure, or portion of
the structure, is issued prior to the application approval of for the
administrative variance, prior to the application– fer—t;o
The administrative variance will only be
approved once all inspections have been completed, and tho
-- ••- - . _ - •- -= - ---- . -- - =*. The certificate of
occupancy shall be placed on hold until the administrative
variance is approved.
b. The encroaching structure, or portion of the structure, was
constructed prior to the purchase of the subject property by the
current owner.
c. Evidence is presented showing that the encroaching structure, or
portion of the structure, was constructed at least two (2) years
prior to the date of application for the administrative variance. This
evidence may be in the form of a survey, property card, or dated
aerial photograph clearly showing the encroachment.
d. The encroaching structure is either an addition of living area to a
principal structure, or an accessory structure of at least two
hundred (200) square feet in area.
e. The encroachment presents no safety hazard and has no adverse
effect on the public welfare.
4-D. Where a structure was lawfully permitted within a residential zoning district
under a previous code, and where said structure is considered nonconforming
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under the current Land Development Code, due to changes in the required
yards, the County Manager or designee may administratively approve a variance
for an amount equal to or less than the existing yard encroachment.
8-E. Under no circumstances shall any administrative variance be approved which
would allow a reduction of the separation between structures to less than ten
(10) feet.
€-F. Administrative variances approved pursuant to the above do not run with the land
in perpetuity and remain subject to the provisions of this section regarding
nonconforming structures.
* * * * * * * * * * * * *
SUBSECTION 3.V. AMENDMENTS TO SECTION 10.02.03 REQUIREMENTS FOR
SITE DEVELOPMENT, SITE IMPROVEMENT PLANS AND
AMENDMENTS THEREOF
Section 10.02.03 Requirements for Site Development, Site Improvement Plans and
Amendments thereof, of Ordinance 04-41, as amended, the Collier County Land Development
Code, is hereby amended to read as follows:
10.02.03 Requirements for Site Development, Site Improvement Plans and Amendments
thereof
* * * * * * * * * * * *
G. Amendments and insubstantial changes. Any proposed change or amendment to a
previously approved site development plan shall be subject to review and approval by
the County Manager or designee. Upon submittal of a plan clearly illustrating the
proposed change, the County Manager or designee shall determine whether or not it
constitutes a substantial change. In the event the County Manager or designee
determines the change is substantial, the applicant shall be required to follow the
review procedures set forth for a new site development plan.
* * * * * * * * * * * *
2. Site development plan insubstantial changes (SDPI). The County Manager or
designee shall evaluate the proposed change in relation to the following criteria;
for purposes of this section, the insubstantial change procedure shall be
acceptable where the following conditions exist with respect to the proposed
change:
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* * * * * * * * * * * *
g. The change does not include the addition of any accessory structure
that generates additional traffic as determined by the Transportation
Planning Director, impacts water management as determined by the
Engineering Services Director, or contains air-conditioned space.
h. The change does not trigger the requirements of LDC section 5.05.08 ac
ih. There are no revisions to the existing landscape plan that alter or impact
the site development plan (as opposed to only the landscape plan) as
determined by the landscape architect.
* * * * * * * * * * * * *
SUBSECTION 3.W. AMENDMENTS TO SECTION 10.02.05 CONSTRUCTION,
APPROVAL, AND ACCEPTANCE OF REQUIRED
IMPROVEMENTS
Section 10.02.05 Construction, Approval, and Acceptance of Required Improvements, of
Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended
to read as follows:
10.02.05 Construction, Approval, and Acceptance of Required Improvements
* * * * * * * * * * * * *
- - -- - -- - - - - - - - -- -
property or agent representing the owner shall bring to the meeting a survey plot
The applicant shall consult with the Immokalee Fire Department and the
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remove all buildings and structures as provided above unless otherwise
2. SIP submission requirements, preparation standards and notes.
affidavit as indicated on the application form.
b. A survey plan showing all buildings and structures, their uses and the
actual size of the structures.
and all required infrastructure, drawn to scale on a 24" x 36" sheet(s)
ii. Folio number(s) of property and total site area.
iii. Zoning designation and land use on subject and adjacent
PfoPeFtY7
iv. North arrow, scale and date.
v. Landscaping, proposed and existing.
vi. Parking spaces.
viii. Location and arrangement of ingress/egress points.
ix. Type of surface of all access roadways leading to the park and
hin thrrtrrzhe park.
x. Location of all structures in the park (units, office, accessory
buil.)
xi. Location-efilumpster or trash container enclosure.
d. Plans do not have to be signed and sealed by a professional engineer,
however, plans must be prepared by a person having knowledge of
drafting skills and basic engineering construction standards which may
architectural, landscape architectural firm or licensed contractor.
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c. Prior to approval of the SIP the county building inspector will identify all
mobile homes not meeting minimum housing code standards and
minimum floor area requirements for mobile homes as defined in this
Code. Those mobile home units that cannot be rehabilitated shall be
f. Mobile home units meeting the housing code and as defined in this Codc
may replace the units removed, provided the replacement units do not
g. -T-rte ni ember of units approved on the SIP will be allowed to remain,
except for those identified substandard units which must be removed in
accordance with the timeframes referred to in section 10.02.05 F.2.e.
above, so long as the requirements of the approved SIP are implemented
h. A right of way permit shall be required, subject to subsection 10.02.03
B.1.j.
3. Landscaping: Landscape improvements shall be shown on the SIP, either
separately or collectively on the same sheet as the site plan. Existing trees may
•.e:.9, 9
a. The plan shall be prepared by a landscape architect, landscape designer
or landscape contractor or paraprofessional associated with such a firm
and having knowledge of Florida plant material and planting
b. Landscaping requirements are as follows:
i. A ten foot wide landscape buffer, with 1 single hedgerow and
ii. Trees spaced 50 feet on center along internal boundary lines.
iii. Permitted trees include live oak, sycamore, red maple, and sweet
gum. Under electrical transmission lines, simpson stopper,
magnolia, east Palatka holly, and dahoon holly trees arc
permitted.
iv. Fixed irrigation systems which shall include 2 irrigation bubblers
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�. Implementation time frame: The site improvement plan shall be implemented and
Length of time
10 or less 18 months
11 to 25 30-months
26-te-50 42 months
more than 50 54 months
a. Projects approved with an implementation timeline in excess of 18
Timeline itof Phases Phase Timelines
18 months 1- 18 months
30 months 2 18 months First Phase
30 months Second Phase
18 months- First Phase
42 months 3 30 months Second Phase
42 months Third Phase
18 months First Phase
51 months 4 30 months Second Phase
42 months Third Pha c
54 months Fourth Phase
b. Building permits must be obtained for each unit when relocated and
-- -. • _ . .
F.2.e.
* * * * * * * * * * * * *
SECTION FOUR: CONFLICT AND SEVERABILITY
In the event that any provisions of this ordinance should result in an unresolved conflict
with the provisions of the Land Development Code (LDC) or Growth Management Plan (GMP),
the applicable provisions of the LDC or GMP shall prevail. In the event this Ordinance conflicts
with any other Ordinance of Collier County or other applicable law, the more restrictive shall
apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court
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of competent jurisdiction, such portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the remaining portion.
SECTION FIVE: INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE
The provisions of this Ordinance shall become and be made a part of the Land
Development Code of Collier County, Florida. The sections of the Ordinance may be
renumbered or re-lettered to accomplish such, and the word "ordinance" may be changed to
"section," "article," or any other appropriate word.
SECTION SIX: EFFECTIVE DATE
This Ordinance shall become effective upon filing with the Florida Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this 13th day of September, 2016.
ATTEST: ,., BOARD OF COUNTY COMMISSIONERS
DWIGHt•BROCK, CLERK OF COLLIER COUNTY, FLORIDA
14,By. 41114149
Atlestas to cit6uty Clerk DNNA FIALA, Chairwoman
signature only,
Apprved as tr, orm and legality:
ak
Scott A7 tone
Assistant County Attorney
04-CMD-01077/1733 (8/5/16)
1441
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Tr►-sr
01f,f, 9TH•_
'4)wi;.yI('
FLORIDA DEPARTMENT Of STATE
RICK SCOTT KEN DETZNER
Governor Secretary of State
September 19, 2016
Honorable Dwight E. Brock
Clerk of the Circuit Court
Collier County
Post Office Box 413044
Naples, Florida 34101-3044
Attention: Ms. Teresa Cannon, BMR Senior Clerk
Dear Mr. Brock:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 16-27,which was filed in this office on September 16,
2016.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270
www.dos.state.fl.us