Backup Documents 10/08/2003 SBOARD OF COUNTY
COMMI
lONERS -
LDC
(SPECIAL)
OCTO
R 8,
2003
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA
October 8, 2003
5:05 p.m.
Tom Henning, Chairman, District 3
Donna Fiala, Vice-Chair, District 1
Frank Halas, Commissioner, District 2
Fred W. Coyle, Commissioner, District 4
Jim Coletta, Commissioner, District 5
NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM
MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER
WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE
AGENDA ITEM TO BE ADDRESSED.
COLLIER COUNTY ORDINANCE NO. 99-22 REQUIRES THAT ALL
LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES
(INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF
COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE
BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT.
REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON
THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION
TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF
THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS".
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD
WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO,
AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD
OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE
TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
ALL REGISTERED PUBLIC SPEAKERS WILL RECEIVE UP TO FIVE (5)
MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN.
IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY
ACCOMMODATION IN ORDER TO PARTICIPATE 1N THIS PROCEEDING,
YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF
CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY
FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST
1
October 8, 2003
TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 774-8380; ASSISTED
LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN
THE COUNTY COMMISSIONERS' OFFICE.
1. INVOCATION AND PLEDGE OF ALLEGIANCE
0
THE BOARD TO CONSIDER AN ORDINANCE AMENDING
ORDINANCE NUMBER 91-102, AS AMENDED, THE COLLIER
COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES
THE COMPREHENSIVE REGULATIONS FOR THE
UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA.
Ordinance 2003-55 Adopted w/changes - 5/0
3. ADJOURN
2
October 8, 2003
COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
To: Clerk to the Board: Please place the following as a:
Normal legal Advertisement Other: (Display Adv., location, etc.)
Originating Dept/Div: Comm. Dev. ServJPlanning Person: Date:
Petition No. (If none, give brief description): LDC Amendment OrdJn~_nce - LDC CYCLE II
Petitioner: (Name & Address): Russell Webb
Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Att: Russcl Webb,
Collier County Planning Services, 2800 North Horseshoe Drive.
Hearing before XXX BCC BZA Other
Requested Hearing date: 10/8/03 Based on advertisement a_ooearing 1 $ .days before hearing.
Newspaper(s) to be used: (Complete only if important):
XXX Naples Daily News Other
Proposed Text: (Include legal descriptiOn & common location & Size:
[] Legally Required
LDC Amendment Ordinance - LDC Cycle II
Does Petition Fee include advertising cost'/. XX Yes
113-138312-649110
A.
[] No If Yes, what account should be charged for advertising costs:
g/~.7/~ Approved by:
Date County Manager
DISTRIBUTION INSTRUCTIONS
Date
For hearings before BCC or BZA: Initiating person to complete one coy and obtafn Division Head approval before
submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or ret uest
for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distrib~
copies:
[] County Manager agenda file: to
Clerk's Office
[] Requesting Division
[] Original
B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file.
FOR CLERK'S OFFICE USE ONLY:
Date Received: ~'/~k"/1 ~)3 Date of Public hearing: ~ -~~_- Date Advertised: ~ D ~,~ -
08/27/03 15:39 FAX 9416436968 COLLIER CO COMMUNITY DEV {~002
ORDINANCE NO. 03-
AN ORDINANCE AMENDING ORDINANCE
NUMBER 91-102, AS AMENDED, THE COLLIER
COUNTY LAND DEVELOPMENT CODE, WiilCH
INCI.UDES TIlE COMPREHENSIVE
REGULATIONS FOR Tile UNINCORPORATED
AREA OF COLLIER COUNTY, FLORIDA, BY
PROVIDING FOR: SECTION ONE, RECITALS;
SECTION TWO, FINDINGS OF FACT; SECTION
THREE, ADOPTION OF AMENDMENTS TO TIlE
LAND DEVELOPMENT CODE, MORE
SPECIFICALLY AMENDING Tile FOLLOWING:
ARTICLE 1, DIVISION 1.6, INTERPRETATIONS;
DIVISION 1.8, NONCONFORMITIES; ARTICLE 1,
DIVISION 2.2, ZONING DISTRICTS, PERMITTED
USES, CONDITIONAL USES, INCLUDING
REVISIONS TO TIlE INDUSTRIAL ZONING
DISTRICI', INCLUDING REVISIONS TO TIlE
BAYSIIORE DRIVE MIXED USE OVERLAY
DISTRICT, INCLUDING THE GOODI,AND ZONING
OVERLAY DISTRICT; DIVISION 2.4,
LANDSCAPING AND BUFFERING; DIVISION 2.5,
SIGNS; DIVISION 2.6, SUPPI.EMENTAI, DISTRICT
REGULATIONS; DIVISION 2.7, ZONING
ADMINISTRATION AND PROCEDURES; ARTICI.E
3, DMSION 3.2, SUBDIVISIONS; DIVISION 3.3,
SITE DEVELOPMENT PLANS; AND ARTICI.E 6,
DIVISION 6.1, RULES OF CONSTRUCTION;
DIVISION 6.3, DEFINITIONS; APPENDIX B,
TYPICAl. STREET SECTIONS AND RIGliT-OF-
WAY DESIGN STANDARDS; SECTION FOUR,
CONFLICT AND SEVERABILITY; SECTION FIVE,
INCLUSION IN THE COLLIER COUNTY LAND
DEVELOPMENT CODE; AND SECTION SIX,
EF$~CTIVE DATF~
WHEREAS, on October 30, 1991, the Collier County Board of County
Commissioners adopted Ordinance No. 91-102, the Collier County Land
Development Code (hereinafter LDC), which has been subsequently amcodcd; and
WHEREAS, the LDC may not bc amcnded more than two times in each
calendar year unless additional amendment cycles arc approved by thc Collier
County Board of County Commissioners pursuant lo Scction 1.19.1., LDC; and
WIIEREAS, this is Iht second amendment to thc LDC, Ordinance 91-102,
for th~ calendar year 2003; and
WHEREAS, on March 18, 1997, the Board of County Commissioners
adopted Resolution 97-177 establishing local rcquiremenls and proced~¢s for
amending the LDC; and
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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 September 10, 2003, and October 8,
2003: 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, all applicable substantive and procedural requirements of
the law have been met.
NOW, THEREFORE BE IT ORDAINED by the Board of County
Commissioners of Collier County, Florida, that:
SECTION ONE: RECITALS
The foregoing recitals are true and correct and incorporated by reference
herein as if fully set forth.
SECTION TWO: FINDINGS OF FACT
The Board of County Commissioners of Collier County, Florida, hereby
makes the following findings of fact:
1. Collier County, pursuant to Sec. 163.3161, et seq., Fla. Stat., the
Florida Local Government Comprehensive Planning and Land Development
Regulations Act (hereinafter the "Act"), is required to prepare and adopt a
Comprehensive Plan.
2. After adoption of the Comprehensive Plan, the Act and in particular
Sec. 163-3202(1). Fla. Stat., mandates that Collier County adopt land development
regulations that are consistent with and implement the adopted comprehensive
plan.
3. Sec. 163.3201, Fla. Stat., provides that it is the intent of the Act that
the adoption and enforcement by Collier County of land development regulations
for the total unincorporated area shall be based on; be related to, and be a means of
implementation for, the adopted Comprehensive Plan as required by the Act.
4. Sec. 163.3194(1)(b), Fla. Stat., requires that all land development
regulations enacted or amended by Collier County be consistent with the adopted
Comprehensive Plan, or element or portion thereof, and any land development
regulations existing at the time of adoption which are not consistent with the
adopted Comprehensive Plan, or element or portion thereof, shall be amended so
as to be consistent.
5. Sec. 163.3202(3), Fla. Stat., states that the Act shall be construed to
encourage the use of innovative land development regulations.
6. On January 10, 1989, Collier County adopted the Collier County
Growth Management Plan (hereinafter the "Growth Management Plan" or "GMP")
as its Comprehensive Plan pursuant to the requirements of Sec. 1634.3161 et seq.
Fla. Stat., and Rule 9J-5, F.A.C.
Page 2 of 35
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7. Sec. 163.3194(1)(a), Fla. Stat., mandates that after a Comprehensive
Plan, or element or portion thereof, has been adopted in conformity with the Act,
all development undertaken by, and all actions taken in regard to development
orders by, governmental agencies in regard to land covered by such
Comprehensive Plan or element or portion thereof shall be consistent with such
Comprehensive Plan or element or portion thereof.
8. Pursuant to Sec. 163.3194(3)(a), Fla. Stat., a development order or
land development regulation shall be consistent with the Comprehensive Plan if
the land uses, densities or intensities, in the Comprehensive Plan and if it meets all
other criteria enumerated by the local government.
9. Section 163.3194(3)(b). Fla. Stat., requires that a development
approved or undertaken by a local government shall be consistent with the
Comprehensive Plan if the land uses, densities or intensities, capacity or size,
timing, and other aspects of development are compatible with, and further the
objectives, policies, land uses, densities or intensities in the Comprehensive Plan
and if it meets all other criteria enumerated by the local government.
10. On October 30, 1991, Collier County adopted the Collier County
Land Development Code, which became effective on November 13, 1991 and may
be amended twice annually.
11. Collier County finds that the Land Development Code is intended
and necessary to preserve and enhance the present advantages that exist in Collier
County; encourage the most appropriate use of land, water and resources,
consistent with the public interest; overcome present handicaps; and deal
effectively with future problems that may result from the use and development of
land within the total unincorporated are of Collier County and it is intended that
this Land Development Code preserve, promote, protect, and improve the public
health, safety, comfort, good order, appearance, convenience, and general welfare
of Collier County; prevent the overcrowding of land and avoid the undue
concentration of population; facilitate the adequate and efficient provision of
transportation, water, sewerage schools, parks, recreational facilities, housing, and
other requirements and services, conserve, develop, utilize, and protect natural
resources within the jurisdiction of Collier County; and protect human,
environmental, social, and economic resources; and maintain through orderly
growth and development, the character and stability of present and future land uses
and development in Collier County.
12. It is the intent of the Board of County Commissioners of Collier
County to implement the Land Development Code in accordance with the
provisions of the Collier County Comprehensive Plan, Chapter 125, Fla. Stat., and
Chapter 163, Fla. Stat., and through these amendments to the Code.
SECTION THREE: ADOPTION OF AMENDMENTS TO THE LAND
DEVELOPMENT CODE
SUBSECTION 3.A. AMENDMENTS TO DIVISION 1.6.
INTERPRETATIONS
Division 1.6. Interpretations, of Ordinance 91-102, as amended, the Collier County
Land Development Code, is hereby amended to read as follows:
DIVISION 1.6 INTERPRETATIONS
Page 3 of 35
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See. 1.6.3. Procedures.
1.6.3.1. Submission for request for interpretation, o~r~,~ an inte:'pretaticn o~,~H ~, ...... ;,~,~
for inteCretation s~a!l must be submitted to the planning services director or chief building official
("officials"), ,,,~:~h,,,,.~,,~,~. ..... is ~FF"~'~,~H~N~ in a form established by him. Each request must identi~ the
specific land development code or buildi~ code citation to be interfered. Each request for
inteCretation must be accompanied by the appropriate fee as set fo~h in the fee resolution adopted
by the board ofcounW commissioners, a r~ r~ ,~ ............ ~ ....... ;.~ ~c,h~ request shall ~
charged ,~,~ ~..~*~d v~'~:d k,,~; *k,..~ .... ~rr.,~..,.~:~* Under no circumstances may the request ~or interpretation
contain more than three issues/questions. It must not contain a sidle question with more than
three sub-issues or questions. If it is dete~ined by the appropriate official that the request for
inte~retation contains more than three issues, the applicant will be required to submit a separate
request accompanied by the applicable fees.
1.6.3.2. Determination of completeness. After receipt ora request for interpretation has ~een
........ , the planning services '~;-~+^- or ~h;~'el"";IA;~" ~'~o;~1 ..,hick ..... iS ~F~ ...... ~
appropriate official must shall determine whether the request is complete. If the F!annfng services
~1~o+ ..... k;~r k,,;~;,g ,m~;~ ,,,h;~h ..... ~S app!~caS!e, appropriate official dete~ines that the
request is not complete, he must s~a!! serve a written notice on the applicant specifying the
deficiencies. The appropriate official planning ..... : .... ~:~, ..... g;~r ~.,;~;,~ ~r,n~;~
,,,h~ph ..... iS ~"~= will ~o~ take no further action on the request for interpretation until the
deficiencies are remedied.
SUBSECTION 3.B. AMENDMENTS TO DIVISION 1.8
Division 1.8, Nonconforming Lots of Record, of Ordinance 91-102, as
amended, the Collier County Land Development Code, is hereby amended to
read as follows:
DIVISION 1.8. NONCONFORMING LOTS OF RECORD
Sec. 1.8.10. Nonconforming structures.
1.8.10.2.1. Docks and boathouses are not subject to the provisions of Section 1.8.10.2. Docks
and boathouses must be reconstructed to conform to the Code only if the reconstruction of the dock
or boathouse will expand or alter the original nonconforming facility with regard to deck area,
protrusion, setbacks, or the addition of any covered structure, regardless of the percentage of
destruction or repairs performed. The determination of legal nonconforming status will be
established by presentation of a signed, sealed survey, a copy of the Property Appraiser's record, or
other dated photography or documentation showing that the facility existed in its present location
and configuration prior to 1990. Any expansion of the facility, no matter how insignificant will
void legal nonconforming status and require strict compliance to the Code. Improvements that did
not exist prior to the destruction or repair of the dock or boathouse are not allowed and will also
void the legal nonconforming status.
SUBSECTION 3.C
AMENDMENTS TO DIVISION 2.2., ZONING
DISTRICTS, PERMITTED USES,
Page 4 of 35
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CONDITIONAL USES, DIMENSIONAL
STANDARDS
DIVISION 2.2., Zoning Districts, Permitted Uses, Conditional Uses,
Dimensional Standards, of Ordinance 91-102, as amended, of the Collier
County Land Development Code, is hereby amended to read as follows:
DIVISION 2.2. ZONING DISTRICTS, PERMITTED USES,
CONDITIONAL USES, DIMENSIONAL STANDARDS
Sec. 2.2.16. Industrial District
2.2.16.2.1. Permitted uses.
1. Agricultural services (groups 0711, except that chemical treatment of soil for crops, fertilizer
application for crops and lime spreading for crops sba!! must be a minimum of 500 feet from a
residential zoning district, 0721, except that aerial dusting and spraying, disease control for
crops, spraying crops, dusting crops, and insect control for crops (with or without fertilizing)
sba!! must be a minimum of 500 feet from a residential zoning district, 0722--0724, 0761,
0782, 0783).
Apparel and other finished products (groups 2311--2399).
Automotive repair, service, and parking (groups 7513--7549).
Barber shops (group 7241).
Beauty shops or salons (723 l).
Building construction (groups 1521--1542).
Business services (groups 7312, 7313, 7319, 7334--7336, 7342--7389, including auction
rooms (5999), subject to parking and landscaping for retail use).
8. Communications (groups 4812 4899 including communications towers up to specified
heights, subject to section 2.6.35).
9. Construction--Special trade contractors (groups 1711--1799).
10. Crematories (7261).
11. Depository and nondepository institutions (groups 6011--6163).
12. Eating places (5812).
13. Educational services (8243--8249).
14. Electronic and other electrical equipment (groups 3612--3699).
15. Engineering, accounting, research, management and related services (groups 871 I--8748).
16. Fabricated metal products (groups 3411--3479, 3491--3499).
17. Food and kindred products (groups 2011--2099 except slaughtering plants).
18. Furniture and fixtures (groups 2511--2599).
19. General aviation airport.
20. Gunsmith shops (groups 7699) '";*~' ........... ~'^~; ....... ~ ......; .... '~ training except
21. Heavy construction (groups 1611--1629).
Page 5 of 35
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3.
4.
5.
6.
7.
22. Health services (8011 accessory to industrial activities conducted on-site only).
23. Industrial and commercial machinery and computer equipment (3511--3599).
24. Leather and leather products (groups 3131--3199).
25. Local and suburban transit (groups 4111~173).
26. Lumber and wood products (groups 2426, 2431--2499).
27. Measuring, analyzing, and controlling instruments; photographic, medical and optical goods;
watches and clocks (groups 3812--3873).
28. Membership organizations (groups 8611,8631).
29. Miscellaneous manufacturing industries (groups 3911---3999).
30. Miscellaneous repair services (groups 7622--7699) with no associated retail sales.
31. Motor freight transportation and warehousing (groups 4212,4213 4225, 4226 except oil and
gas storage, and petroleum and chemical bulk stations).
32. Outdoor storage yards pursuant to the requirements of section 2.2.151/2.6.
33. Paper and allied products (2621--2679).
34. Personal services (groups 7211--7219).
35. Physical fitness facilities (group 7991).
36. Printing, publishing and allied industries (groups 2711--2796).
37. Railroad transportation (4011, 4013).
38. Real estate brokers and appraisers (6531).
39. Rubber and miscellaneous plastics products (groups 3021, 3052, 3053).
40. Shooting range, indoor (group 7999).
44X. 41. Stone, clay, glass, and concrete products (groups 3221, 3251, 3253, 3255--3273, 3275,
3281).
4-h. 42. Textile mill products (groups 2211--2221, 2241--2259, 2273--2289, 2297, 2298).
4g:. 43. Transportation equipment (groups 3714, 3716, 3731, 3732, 3751, 3761, 3764, 3769, 3792,
3799).
4~. 44. Transportation by air (groups 4512 4581).
44:. 45. Transportation services (groups 4724--4783, 4789 except stockyards).
~ 46. United States Postal services (4311).
46. 47. Welding repair (7692).
47.48. Wholesale trade--Durable goods (groups 5012--5014, 5021--5049, 5063--5092, 5094--
5099).
49. Wholesale trade--nondurable goods (groups 5111--5159, 5181, 5182, 5191 except that
wholesale distribution of chemicals, fertilizers, insecticides, and pesticides must be a
minimum of 500 feet from a residential zoning district (5192--5199).
Sec. 2.2.16. Bayshore Drive Mixed Use Overlay District
2.2.33.22.13. Garages and Driveways.
Page 6 of 35
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The rear setback may be reduced to ten feet if a front-access garage is constructed on the
rear of the residence.
Garage doors shall have a maximum width of 16 feet. The maximum width of garage doors
is 16 feet.
Only one driveway is allowed per 50 linear feet of front property line. The driveway sba!!
~' .... a --~v: ....... :a,~ ^~, o r~, in ~'~ ~;~.~^c .......... The maximum width of the
driveway at the right-of-way line is 18 feet.
Other than the permitted driveway, the front yard may not be paved or otherwise used to
accommodate parking.
Garages shall must be recessed a minimum of three feet behind the front facade of the
primary residence.
No carports are permitted.
The distance from the back of the sidewalk to the garage door must be 23 feet to allow
room to park a vehicle on the driveway without parking over the sidewalk. Should the
garage be side-loaded there must be a 23-foot paved area on a perpendicular plane to the
garage door or plans must ensure that parked vehicles will not interfere with pedestrian
traffic.
Sec. 2.2.34. Goodland Overlay
2.2.34.4. Development criteria. The development criteria and standards for each zoning
district in Goodland as provided for in this Code shall apply for all uses and structures in this
overlay district unless specifically superseded below.
2.2.34.4.1.
subdistrict:
Reserved.
Permitted uses. The following uses are permitted as of right in this
2.2.34.4.2. Conditional uses. The following uses are permitted as conditional uses in this
subdistrict:
a. Clam nursery, subject to the following restrictions:
1)
A "clam nursery" is defined as the growing of clams on a "raceway" or "flow-
through saltwater system" on the shore of a lot until the clam reaches a size of
approximately one-half inch.
2)
For the purposes of this section, a "raceway" or "flow-through salt water system"
is defined as a piece of plywood or similar material fashioned as a table-like flow
through system designed to facilitate the growth of clams.
3) At no time may a nursery owner operate a raceway or raceways that exceed a total
of 800 square feet of surface area.
4) The nursery must meet the requirements of a "minimal impact aquaculture
facility" as defined by the Department of Agriculture.
5) The nursery must not be operated on a vacant lot, unless both of the following
requirements are met:
i. The vacant lot is owned by the same individual who owns a lot with a
residence or habitable structure immediately adjacent to the vacant Iot; and
ii. The vacant lot must not be leased to another individual for purposes of
operating a clam farm within the RSF-4 and VR zoning districts.
6) At no time will a nursery owner be allowed to feed the clams, as the clams will be
sustained from nutrients occurring naturally in the water.
7)
Only the property owner or individual in control of the property will be allowed
to operate a raceway on the shore off his property within the VR and RSF-4
Page 7 of 35
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zoning districts. In other words, a landowner must not lease his property to
another individual to use for purposes of operating a clam nursery_.
8)
Any pump or filtration system used in conjunction with the nursery must meet all
applicable County noise ordinances and must not be more obtrusive than the
average system used for a non-commercial pool or shrimp tank.
2.2.34.4.1. 2.2.34.4.3. Maximum building height. As provided for in the Village Residential
zoning district for each permitted, accessory, and conditional use provided that no residential
building may contain more than two levels of habitable space.
~2.2.34.4.4. Minimum lot requirements. As provided for in the Village Residential
zoning district for each permitted, accessory, and conditional use except for the following:
a. Single family/mobile home:
Minimum lot area: 4,275 square feet.
Minimum lot width: 45 feet.
2.2.24.4.2.2.2.34.4.5. Minimum lot requirements. As provided for in the residential single family
district (RSF-4) for each permitted, accessory, and conditional use except for the following:
a. Minimum lot area: 5,000 square feet.
b. Minimum lot width: 50 feet.
g-,g-B4MM~.2.2.34.4.6. Minimum yard requirements. As provided for in the residential single family
district (RSF-4) for each permitted, accessory, and conditional useexcept for the following:
a. Side yard: Five feet.
2.2.34.5. Parking/storage of major recreational equipment c, nd= personal
vehicles, and certain commercial vehicles.
2.2.34.5.1. Within the VR and RSF-4 zoning districts, except for specifically
designated travel trailer subdivisions, boats, trailers, recreational vehicles and
other recreational equipment may be stored in any yard subject to the following
conditions.
No rRecreational equipment shall must not be used for living, sleeping, or
housekeeping purposes when parked or stored.
Ne rRecreational vehicles or equipment shall must not exceed 35 feet in
length.
No rRecreational vehicles or equipment shall must not be parked, stored nor
encroach in any county right-of-way easement.
d. Recreational vehicles or equipment that exceed 35 feet in length shall will be
subject to the provisions of subsection 2.6.7.2 of this Code.
2.2.34.5.2. Personal vehicles may be parked in drainage swales in the VR and RSF-
4 zoning districts subject to the following conditions.
a. No vehicle shall block or impede traffic.
2.2.34.5.3. Commercial vehicles 35 feet in length or less will be allowed to park at
the owner's home and in the drainage swale subject to the following conditions:
a. No vehicle shall block or impede traffic;
Page 8 of 35
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bo
Co
Drainage must not be blocked or impeded in any way as a result of the parking
in the swales;
Parking will only be permitted in driveways and not in yard areas; and
No more than two commercial vehicles may be parked at one residence/site,
unless one or more of the vehicles is engaged in a construction or service
operation on the residence/site where it is parked. The vehicle engaged in this
service must be removed as soon as the construction or service is completed.
For purposes of this subsection only, a commercial vehicle is defined as a van,
pickup truck, or passenger car used for commercial purposes and licensed by the
Department of Transportation. A vehicle is not considered a commercial vehicle
merely by the display of a business name or other insignia. No other commercial
vehicle, such as dump trucks, cement trucks, forklifts or other equipment used in
the construction industry will be allowed to park at a residence or site overnight
unless specifically approved by the planning services director.
2.2.34.6.2. Parcels located off of Bayshore Drive are allowed to retain any sheds that were
constructed prior to the effective date of the Code. Storage sheds for fishing and boat equipment on
the boat dock parcels off of Bayshore Drive constructed after the effeclive date of the Code are
permissible if they comply with the following requirements:
1. The appropriate building permit must be obtained.
2. Bayshore drive setback: ten feet.
3. Waterfront setback: ten feet.
4. Side yard setback: 0 feet.
5. Maximum size of shed: 144 square feet.
2.2.34.7. Sign requirements. All signs existing as of the effective date of this ordinance in
Goodland are exempt from the requirements of the Collier County sign ordinance (Division
2.5) for five years from the effective date of this ordinance or until the sign is destroyed,
whichever comes first. Any signs constructed after the effective date of the ordinance must
strictly comply with Division 2.5. Sign maintenance is limited to painting existing signs. All
other maintenance or repairs will void the exemption and require the owner to construct a sign
that strictly adheres to Division 2.5. in the event that the owner wishes to have a sign.
SUBSECTION 3.D AMENDMENTS TO DIVISION 2.4.,
LANDSCAPING AND BUFFERING
DIVISION 2.4., Landscaping and Buffering, of Ordinance 91-102, as
amended, of the Collier County Land Development Code, is hereby amended
to read as follows:
DIVISION 2.4. LANDSCAPING AND BUFFERING
Sec. 2.4.3. Procedures.
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2.4.3.1. Lan&cape plan required. Prior to the issuance of any preliminary subdivision plat,
final site development plan, or building permit, an applicant whose development is covered by the
requirements of this section sba!! must submit a landscape plan to the planning services director.
The landscape plan sba!! must be prepared by and bear the seal of a J, andscape architect registered
in the State of Florida. The landscaping required for single-family, two-family, and mobile home
dwelling units shal! must be shown on the building permit plot plan. This plan is not required to
be prepared by and bear the seal ora landscape architect.
The landscape plan sba!! must be drawn to a suitable scale, include dimensions, north arrow, date,
title, project owner's name, delineate the existing and proposed parking, vehicular use areas,
buildings, access points, and roadways, show all utility lines or easements, and show the location
of existing and proposed planting areas and vegetation communities and designate them by spe~es
name. The code-required landscaping s?.a!! must be highlighted or indicated on the plan to
differentiate from the applicant's provided landscaping that is in addition to that required by this
code. Design creativity is encouraged so long as it meets the intent of this code. The plan sba!!
must show the location of permanent vegetation protection devices, such as barricades, curbing,
and tree wells. The plan sba!! must also include a cha~ plant legend indicating graphic plant
symbol, botanical and common name, quantity, height, spread, spacing, native status, drought
tolerance rating (as defined by "Xeriscape Plan Guide II" published by South Florida Water
Management District, West Palm Beach, FL) and type of mulch. The plansha!l must show tree
and palm staking details per accepted industry practices and standards. In addition, a tabulation of
the code-required landscaping indicating the calculations necessary to insure compliance with this
code shall must also appear.
Where a nonresidential development/parcel is constructed adjacent to an existing residential
development, perimeter landscape buffers required by Section 2.4.7.4. must be installed prior to
vertical construction of such nonresidential property.. Where these buffers are not practicable,
then deviations will be allowed. Practicability may be demonstrated by showing the buffer would
be severely damaged or destroyed during development. The site development plan must clearly
state that this buffer is not practicable. This, among other factors, will be used by the planning
services director to determine practicability.
A certificate of occupancy shall must not be issued until approval of landscaping plan and
installation of plants and materials consistent with that approved plan has l:een completed and
inspected by the county.
2.4.3.1. Landscape plan required. Prior to the issuance of any preliminary subdivision plat,
final site development plan, or building permit, an applicant whose development is covered by the
requirements of this section s~a!! must submit a landscape plan to the planning services director.
The landscape plan shall must bear the seal of a Landscape Architect registered in the State of
Florida. The landscaping required for single-family, two family, and mobile home dwelling units
aha!! must be shown on the building permit plot plan. This plan is not required to bear the seal ora
landscape architect.
The landscape plan shall must be drawn to a suitable scale, include dimensions,
north arrow, date, title, project owner's name, delineate the existing and proposed
parking, vehicular use areas, buildings, access points, and roadways, show all
utility lines or easements, and show the location of existing and proposed planting
areas and vegetation communities and designate them by species name. The code-
required landscaping shall must be highlighted or indicated on the plan to
differentiate from the applicant's provided landscaping that is in addition to that
required by this Code. Design creativity is encouraged so long as it meets the
intent of this Code. The plan shall must show the location of permanent
vegetation protection devices, such as barricades, curbing, and tree wells. The
plan shall must also include a chaa plant legend indicating graphic plant symbol,
botanical and common name, quantity, height, spread, spacing, native status,
drought tolerance rating (as defined by "Xeriscape Plan Guide II" published by
South Florida Water Management District, West Palm Beach, FL) and type of
mulch. The plan shall must show tree and palm staking details per accepted
industry practices and standards. In addition, a tabulation of the code-required
landscaping indicating the calculations necessary to insure compliance with this
Code shall must also appear. A certificate of occupancy shall must not be issued
until approval of the landscaping plan and installation of plants and materials
consistent with that approved plan has been completed and inspected by the
Page 10 of 3 5
Words struck through are deleted, words underlined are added
County.
2.4.3.1.1. Public Educational Facilities and Plant, Ancillary Plant, and Auxillar?
FaciliW.
Essential services including Collier County Public Schools (CCPS) / public
Educational and Ancillary_ Plants, and other public facility projects developed
jointly with CCPS may demonstrate that the intent of this division can be
effectively accomplished without meeting specific development standards. The
applicant must request an administrative review of the alternative design, as
outlined in Section 2.4.3.1.1.1. of the code. The deviations are limited to quantity
of plant material and the School district must demonstrate that the deviation is
necessary as a result of an educational program or joint use of the school site with
another public facility or use.
2.4.3.1.1.1 .Procedure.
In addition to the base submittal requirements, applicants shall clearly label the
plan submitted as an "Alternative Landscape Code Plan". This plan shall
reference the deviations on the plan. An applicant must submit a narrative
description identi .fying the code development standards required by this section
which will be addressed through the alternative approach. The planning services
director will administratively review submittal documents for consistency with the
intent of this division. If the plan is approved through this provision, the
approved deviations must be specifically noted and the basis of the approval must
be stated ~vithin the site development plan approval letter. Deviations approved
will be applicable only to the specific design and plan reviewed. Modifications of
an approved design will void the deviation request and require resubmittal to
planning services staff for re-evaluation of the request in the context of the
amended design and plan.
2.4.3.1.1.2. Exemption
An administrative deviation is not required for specific standards relating to placement of plant
materials if the intent of the division can nonetheless be carried out without meeting these
standards. The intent of the division can be demonstrated by detailing a specific health, safety, or
welfare concern as defined by SREF or as may be unique to a specific site or educational program
that would override the need to provide plant materials. A copy of SREF, as may be amended, is
available in the records room in the Communi_ty Development and Environmental Services
Division Building.
2.4.3.5. Installation. Prior to the issuance of any certificate of occupancy for a use required to
provide landscaping and irrigation in accordance with this section, all required landscaping and
irrigation shall be installed and in place as set out in the plans approved under subsections 2.4.3.1
and 2.4.3.2. All plant materials must be installed in accordance with accepted landscape practices
in the area and meet the plant material standards contained in Section 2.4.4. Plant materials shall
be installed in soil conditions that are conducive to the proper growth of the plant material.
Limerock located within planting areas shall be removed and replaced with native or growing
quality soil before planting. A plant's growth habit shall be cmsidered in advance of conflicts
which might arise (i.e. views, signage, overhead power lines, lighting, circulation, etc.). Trees shall
not be placed where they interfere with site drainage, subsurface utilities, or overhead utility lines,
or where they shall require frequent pruning in order to avoid interferences with overhead power
lines. & Tree and site lighting locations shall be designed so as not to conflict with one
another. Parking lot / site lighting shall not be located in landscape islands with trees and shall be
located a minimum of l0 12.5 feet from the trunk of a tree. see !!!ustration 18 Figure x below).
GRAPHIC UI'.,~AVAILAELE: Figure x: Compatible Tree and Lighting Design
Trees shall not be planted in areas that retain excessive quantities of water or will require excessive
amounts of fill placed over the root system that will affect the health of the tree species. Required
landscaping shall not be placed within easements without written approval from all entities
claiming an interest under said easement.
Page 11 of 35
Words sWuzk through are deleted, words underlined are added
¢OAAPAI'T. BLE TREE AND L'r6HTING DESTGh
FigureX Compatible Tree and Lighting Design
Page 1 la
All trees and palms shall be properly guyed, braced and/or staked, at the time of planting to ensure
establishment of the tree or trees and erect growth. Nail staking or other methods that cause
cosmetic or biological damage to the tree are prohibited. Trees shall be re-staked within 24 hours
in the event of blow-over or other failure of the staking and guying. Staking shall be removed
between six and 12 months after installation.
All required landscaping shall be installed in accordance with plans approved under section[s]
2.4.3.1 and 2.4.3.2. Landscaping within a subdivision development shall be guaranteed by a
subdivision completion bond in accordance with division 3.2 governing the final platting of
subdivision.
All required landscaping shall be maintained in a healthy condition in perpetuity as per the
approved building and site plans. Code Enforcement may investigate deficiencies in approved
landscaping and institute corrective action to insure compliance with this Code
2.4.5.4. Green space required in shopping centers and freestanding retail establishments with
afloor area greater than 40,000 squarefeer An area that is at least seven percent of the size of
the vehicular use areas shall must be developed as green space within the front yard(s) or
courtyards of shopping centers and retail establishments and shall be in addition to the building
perimeter planting area requirements. The courtyardsstmt-t must only be located in areas that are
likely to be used by pedestrians visiting the shopping center and retail establishment. The seven
percent green space area shall must be in addition to other landscaping requirements of this
division, and may be used to meet the open space requirements (section 26.3.2), and shall must be
labeled "Green Space" on all subdivision and site plans. The interior landscape requirements of
these projects shall be reduced to an amount equal to five percent of the vehicular use area on site.
Green space shall must be considered areas designed for environmental, scenic or noncommercial
recreation purposes and shall be pedestrian-friendly and aesthetically appealing. Green space may
only include the following: lawns, mulch, decorative plantings, nonprohibited exotic trees,
walkways within the interior of the green space area not used for shopping, fountains, manmade
watercourses (but not water retention areas), wooded areas, park benches, site lighting, sculptures,
gazebos, and any other similar items that the planning serx/ces director deems appropriate. Green
space shall must include: walkways within the interior of the green space area not used for
shopping, a minimum of one foot of park bench per 1,000 square feet of building are~t and a
minimum of one tree or palm foreach 250 square feet of green space area. The green space area
shall must use existing trees where possible and landscaping credits will be allowed as governed by
table 2.4.4. The green space areas shall must be located in areas that are in close proximity to the
retail shopping area. Benches may also be located in interior landscaped areas and 75 percent of
benches may be located adjacent to the building envelope along paths, walkwavs and within
arcades or malls.
2.4.5.5. Landscaping required for Division 2.8 buildings over 20, 000 square feet.
,~ e ~ ,~ f r'-~°~F;'Ag !n ............... requ:rements cf sect:Ch 2.4., ........ v'-~ ....
Buffering" the following requirements shall apply.
..................................... projects
~,u .... *~ "; ....' experience of the motoring ~ ~a~,,; .... ~,% ...... ~y
.... . ......... as the
, ~a~p;~g ~,,~ ~ ..... "*~ ~ ...... ~ ~P' .... * *~ ~;*~ design ~-~ ~,,"~;-g ~rchksctu~v.
2.8.3.7.2. Lv.n&c~Fk:g. The following requirements, wkh the exception of bui!ding perimeter
plantings, will be counted toward the required greenspace and open space requirements of division
2.4. of this Code.
.......... g, ....o ............. LISe areas
a minimum cf 12 tc 14 feet height with a six foot spread and a two ~ ~ ~ ;~ ,~,;p ....
shall have a clear trunk area to a height cf seven feet. ~ ...........................
1.2. aeginning on T .... ,, ~nn~ ~, ,;~o ~r Trees in~
........... , .......... p!antin~;,t r use_areas rnt~_t be a
minimum of_14 to 16 feet height with a si~ to ei~,ht-foot sl~ead and a khre~e- to~
and must have a clear trunk area to ~. ~
2,&_ The first row of landscape islands located clo_sest to the building front and side~ must
be landscaped with trees, palms, shrubs and~-roundcover~' and mu~_t havea lcZearlruakk rargalo~
_height of seven~ee4_(see !llastration 17 below).
t'"-D A DLllt~ IIXT^~/AT1 ADI E'. lll.,o~-vo,;^~ 1'7 [ ~-Ao~op;~ l:';~o, ROW ~tvT ~,4~oop ...... ~o
Page 12 of 35
Words struck through are deleted, words underlined are added
2.4.6.6. Buildingperimctcr £oundation planting areas.~,!v,;:ti~:gs. All shopping center, retail,
office, apartments, condominiums, clubhouses and similar'usesshall must provide building
~: ..... foundation plantings in the amount of!00 square feet pzr !,900 square feel. ten percent
of proposed building ground level floor area. These planting areas sba!! must be located adjacent
to the primary_ public building _entrance(s) and/or primary street elevation and shall must consist of
landscape areas, raised planters or planter boxes that are a minimum of fivofeet wide. These areas
must be landscaped with trees and/or palms in the amount of one tree or palm equivalent per 250
square feet; shrubs and ground covers other than grass._Water management areas shall must not be
a part of this five foot planting area. Parking lot islands will not count towards this requirement.
(Ord. No. 96-66, § 3.D.; Ord. No. 00-92, SS 3.B.)
2.4.6.7. Building foundation planting requtrements for non industrial buildings greater tha,,
3 stories or 35feet in height; and/or Division 2.8 buildings (including industrial fronting major
corridors) with a footprint greater than 20, 000 square feet and/or parking garage structures.
(a) The minimum width of building foundation planting areas must be measured from the base
of the building and must relate to the adjacent building's v~all height as herein defined as follows:
Adlacent Building's Wall Height: I Foundation Planting Width:
Building wall height between 35 feet and 15 feet.
50 feet.
Building wall height greater than 50 feet. 20 feet.
(b) Trees required by this section must be of an installed size relating Co
the adjacent building's wall height, as defined below:
Building's Wall Height Tree Height Tree Canopy Palm Height
(feet~ (£eeO Spread (fee() (.fee()
_3.5 to 50 14 to 16 7 16
reater than 50 1 6 to 18 ~8 2~
2.4.7.2.
Applicability. The buffering and screening shown in table 2.4 shall be required under
this section and shall apply to all new development. Existing landscaping which does
not comply with the provisions of this section shall be brought into conformity to the
maximum extent possible when: the vehicular use area is altered or expanded except
for restriping of lots/drives, the building square footage is changed, or there has been a
discontinuance of use for a period ofgO 6_.Q_0 consecutive days or more and a request for
an occupational license to resume business is made.
2.4.7.3. Standards. Unless otherwise noted, all standards outlined in section 2.4.4shall apply.
Trees and shrubs shall must be installed at the height specified in section 2.4.4.2.
Water management systems, whichshall must include retention and detention areas, swales, and
subsurface installations, shall be are permitted within a required buffer provided they are
consistent with accepted engineering and landscaping practice and the following criteria:
1. Water management systems shall must not exceed 50 percent of the square footage of any
required side, rear, or front yard landscape buffer.
2. Water management systems shall must not exceed, at any location within the required side,
rear, or front yard landscape buffer 70 percent of the required buffer width ^ ~;-; .... c,, ~ c~^t
~ ,.e, ............................................ de, ....... qu:red Reqmred
trees and/or hedges must be planted at the top of the berm in a minimum five foot wide 10:1 level
planting area. The remainder of the landscape buffer area must maintain a slope no steeper than or
equal to 4:1.
3. Exceptions to these standards may be granted on a case-by-case basis, evaluated on the
following criteria:
Water management systems, in the form of dry retention, may utilize an area greater
than 50 percent of the buffer when existing native vegetation is retained at natural
grade.
Page 13 of 35
Words ....... through are deleted, words underlined are added
For lots of record 10,000 square feet or less in size, water management areas may utilize an
area greater than 50 percent of the required side and rear yard buffers. A level planting
area of at least three feet in width shall must be provided in these buffers.
4. Sidewalks and other impervious ~h~l
areas ......must not occupy any part of a required Alternative
A, B, C, or D type buffer, except when:
Driveways and sidewalks are constructed perpendicular to the buffer and provide
direct access to the parcel.
Parallel meandering sidewalks occupy the buffer and its width is increased by the
equivalent sidewalk width.
A required 15-20 foot wide buffer is reduced to a minimum often feet wide and is
increased by the five to ten foot equivalent width elsewhere along that buffer.
.......... ,~' ~):~ a I developments subject: to Dmtston 2 :~
17-~L'°~~rn n. t r a. T~s m n o of w t r
m~duding~:gltention atkd~de_tentio~~,,~, ~ ~:~_~ .......
~hede~i no th b ildin if
~oth~t t ~ f he~.
2. Watermana~~with~~ ~ w n te w trm ~ ntr s
~r°h~thin~~h rim
~estr~ ~ ~~ m m r r~ 12
~~widthw~hmaxim m I eof4
~e~h foil win s ndards_ to ntio an r ntio
~cee~n~ t~~~r in 1 in w
~~~h-~~~~li~i ht of wa
~~M&~minimu~:~200 ~h trem ~ran av~
~50 feet
&c, P rtial sh d z ort ar a_mi im~m!~f200~ r
fe~t in ~d/or icnic tahle~axtiacen tu~XoXke
wa er-b r r efi r
Page 14 of 35
Words str,ack thr~'.ugh are deleted, words underline~dd are added
o 5o loo
zoo
o
oJ
§o-
bON' T bO THI:5 ~
130DY OF
WA TEP-,
SHAPE5
Sec. 2.4.7.4.
alternative shall be used based on the matrix in table 2.4.
Types of buffers.
Within a required buffer strip, the following
TABLE 2.4 TABLE OF BUFFER REQUIREMENTS BY
LAND USE CLASSIFICATIONS
I Adjacent Properties District
tSubjectl [2 13 J4 t5 16 17 18 9
ty's
Distric
t/Use
10 11 12 13 14
Page 15 of 35
Words ......~ threugh are deleted, words underlined, are added
1. [- B[B B B B A A A A D A
Agricu A
lture
(A')
2. A A B B B B B C B *
Reside D B C
ntial
(E,
RSF)
single-
family
3. A B A N A B B B B *
Reside D B C
ntial
(RMF-
6,
RMF-
12,
RMF- 1
6)
multif
amily
4. A B A A B B A B B *
Reside D B - B
ntial
tourisl
(RT)
5. A A B B A B B B B *
Villag D B B
e
reside
ntial
(VR)
6. A B B B B A B B B *
Mobil D B B 13
e
home
(MH)
7. A B B B B B A A A *
Corem D B B B
ercial3;
4~ (C-
1 IT,
C-2,
C-5);
Busine
ss
Park
(BP)
8. A C B B B B A A2
lndust A * D B B B
rial2
(I)
9. A B B B B B A A A *
Public D B C
use
(P),
comm
unity
facility
(CF),
Golf
Cours
e
Clubh
ouse,
Ameni
ty
Center] I j
Page 16 of 35
Words st,'"ac!: thrm:gh are deleted, words underline~dd are added
10. * * * , , , , , , ·
Planne D * * ,
d unit
develo
pment
(~UD)
11. D D D D D D D D D D B
Vehic D
ular
rights-
of-way
12. B B B B B B B B B B B A
Golf B C
course
mainte
nance
buildi
ng
13.
Golf B C
COUrSe
14. A C C B B B B B C *
Autom D C C D
obile
servic
e
station
The letter listed under "Adjacent Properties District" sba!! bo Lsthe landscape buffer and screening
alternative required. The "-" symbol shall represent that no buffer is required. The PUD district
buffer, due to a variety of differing land uses, is indicated by the "*" symbol, andshall must be
based on the landscape buffer and screening of the district or use with the most similar types,
densities and intensities of use. Where a conflict exists between the buffering requirements and the
yard requirements of this Code, the yard requirements of the subject zoning district shall apply.
~Buffering in agriculture (A) districts shall be applicable at the time of siC development plan
(SDP) submittal.
21ndustrial (I) zoned property, where abutting industrial (I) zoned property, shall be required to
install a minimum five-foot-wide type A landscape buffer adjacent to the side and rear property
lines. This area shall not be used for water management. In addition, trees may be reduced to
50 feet on center along rear and side perimeter buffers only. This reduction in buffer width
shall not apply to buffers adjacent to vehicular rights-of-way or nonindustrial zoned property.
3Buffer areas between commercial outparcels located within a shopping center may have a
shared buffer 44~ 15 feet wide. This does not apply to right-of-way buffers.
...................................... of corn ....
......... parcels ma:,' be
locations as ~h~o+;~.-, ~k ..... ;. c; .... n n;o~n ....... ;~
.... '~ .... '~p .... plan ..,k;~. ;.~,.,~o ~. ~r.k~ ;.a:.,:., ~, building parcels which
comprise the ,,.;c,~.~ p~o. ~r~ .... ~p~t;
(ii) ~" agreement k ......... "c~ ...... c,k~ separate parcels is ..... ~ ~n the
....................................................... common parking lot; and
(iii) All of the buildings share a common architectural and landscape theme; and
................................ use area ]andscap:ng,
plantings or pefimet:r bufferin~ ........ per/meter
5Refer to section 2,6.28 for automobile service station landscape requirements.
* * * *
2.4.7.5.
'_'Collier County Streetscape Master Plan" and the "Go/den Gate Community
Page 17 of 35
Words struck through are deleted, words underlined are added
Roadways BeautilTcalion Master Plan." Street corridors identified in '_'Collier ~
County Streetscape Master Plan" and the "Golden Gate Community Roadways Beautification
Master Plan", including areas within the right-of-way and on required buffers adjacent to the right-
of-way, shall adhere to the requirements of the "Collier Nap!escape 99'5 County Streetscape
Master Plan" and the "Golden Gate Community Roadways Beautification Master Plan".
Notwithstanding the above, for required landscape buffers adjacent to any right-of-way, the
requirements ofthe"Collier Coun _ty Nap!escape 90% Streetscape Master Plan" and the "Golden
Gate Community Roadways Beautification Master Plan" shall apply at the time of issuance of any
related subsequent development order including construction plans attendant to the approvalof a
final plat and or a final site development plan. Where the application of said Stre:tscap¢ Master
Plan standards and requirements is questioned, an official interpretation of the planning services
director pursuant to section 1.6.1 of the Collier County Land Development Code may be
requested. Further, the interpretation of the planning services director may be appealed to the
board of zoning appeals as prescribed by section 1.6.6 of the Land Development Code.
SUBSECTION 3.E AMENDMENTS TO DIVISION 2.5., SIGNS
DIVISION 2.5., Signs, of Ordinance 91-102, as amended, of the Collier
County Land Development Code, is hereby amended to read as follows:
DIVISION 2.5. SIGNS
Sec. 2.5.5. Permitted signs.
2.5.5.1. Signs within residential zoned districts and as applicable to residential designated portions
of PUD zoned properties.
2.5.5.1.1. Development standards.
1. Maximum allowable height. All signs within residential zoned districts and as applicable to
residential designated portions of PUD zoned properties are limited to a maximum height of eight
feet, or as provided within this Code. Height shall be measured from the lowest centerline grade of
the nearest public or private R.O.W. or easement to the uppermost portion of the sign structure.
2. Minimum setback. All signs within residential zoned districts and as applicable to residentially
designated portions of PUD zoned properties shall not be located closer than ten feet from the
property line, unless otherwise noted below or as provided for in section 2.1.13 as determined by
the county for safety and operation.
2.5.5.2. Signs within non-residential districts:
2.5.5.2.5.9. Special purpose signs (on-site). Due to the unique and varied nature of the following
uses, additional signs may be required to provide the desired level of service to the public. Special
purpose signs shall be permitted as follows:
2.5.5.2.5.9.1. Time and temperature signs. One time and temperature sign having a surface area
not exceeding 12 square feet shall be permitted at each industrial, commercial or other non-
residentially zoned property. Such signs may be affixed to the structure of a pole or ground sign.
Such sign shall require a building permit.
2.5.5.2.5.9.2. Barber Pole signs. All traditional size (not more than 54 inches in height and not
more than 6 inches in diameter) and style barber poles which contain any illuminated moving o~
rotating part may be permitted as a lawful si~n if Ihe following and all other applicable
requirements are met: - -
1. The barber ole si n is attached to the exterior wall of an establishment rovidin the services
of a licensed barber5
2. Each such establishment (barbershop, salon, etc.) is limited to only onebarber pole sign;
Page 18 of 35
Words struck through are deleted, words underlined are added
3. No barber pole sign may move or rotate except when the establishment is open and providing
the services of a licensed barber; and
4. All barber pole signs that illuminate, whether or not they rotate, otherwise comply with sec.
2.5.5.2.5.13. for illuminated signs.
2.5.5.2.5.13. Illuminated signs. All illuminated signs shall have electrical components,
connections, and installations that conform to the National Electrical Code, and all other
applicable federal, state, and local codes and regulations. Further, lighted signs shall: be shielded
in such a manner as to produce no glare, hazard or nuisance to motorists or occupants of adjacent
properties; nor be reflective or phosphorescent; have a steady nonfluctuating or nonundulating
light source.
Sec. 2.5.7. Prohibited signs.
It shall be unlawful to erect, cause to be erected, maintain or cause to be maintained, any sign not
expressly authorized by, or exempted from this Code. The following signs are expressly
prohibited:
2.5.7.1. Signs which are in violation of the building code or electrical code adopted by Collier
County.
2.5.7.2. Abandoned signs.
2.5.7.3. Animated or activated signs, except ~pecial purpose time and temperature signs, and
barber pole signs complying with sec. 2.5.5.2.5.9.2.
2.5.7.4. Flashing signs or electronic reader boards.
2.5.7.5.
Rotating signs or displays, except barber pole signs complying with sec. 2.5.5.2.5.9.2.
SUBSECTION 3.E AMENDMENTS TO DIVISION 2.6.,
SUPPLEMENTAL DISTRICT REGULATIONS
DIVISION 2.6, Supplemental District Regulations, of Ordinance 91-102,
as amended, of the Collier County Land Development Code, is hereby
amended to read as follows:
DIVISION 2.6. SUPPLEMENTAL DISTRICT REGULATIONS
Sec. 2.6.9. Essential Services
2.6.9.1. Permitted uses. The following uses are allowed as permitted uses:
a. In every zoning district: water lines, sewer lines, gas lines, telephone lines, telephone switchfig
stations, cable television, electrical transmission and distribution lines, substations, emergency
power structures, sewage lift stations, water pumping stations; essential service wells (including
extraction facilities, and requisite ancillary facilities,) and any other wells which have been or will
be permitted by the South Florida Water Management District or the Florida department of
environmental protection either prior to or subsequent to the effective date of this ordinance, or if
the respective well and/or well related facility is otherwise required to be installed or constructed
by law; in every zoning district: individual private wells and septic tanks, and similar installations
necessary for the performance of these services, if any proposed wdl is a Collier County owned
well under the permitting jurisdiction ora Florida agency, staff, early in the county's well permit
application process, shall post sign(s) at the county's proposed well site(s) and shall provide
Page 19 of 35
Words str',:ck through are deleted, words underlined are added
written notice that the county has applied for a required well permit to property owners within 300
feet of the property lines of the lots or parcels of [and on which the applied-for well is being sought
by the county, including, if applicable, the times and places of the permitting agmcy's scheduled
public hearings;
b. in commercial and industrially zoned districts: other governmental facilities, as defined by this
Code, to the extent the facility or service is required by law, rule or regulation;
c. In the agricultural and estate zoned districts the following governmental facilities:
nonresidential not-for-profit child care, nonresidential education facilities, libraries, museums,
neighborhood parks, and recreational service facilities; gnd
d. In residentially zoned districts: neighborhood parks+_.
2.6.9.2. Conditional uses. The following uses require approval pursuant to section 2.7.54. as
conditional uses: --
a. In every zoning district: electric or gas generating plants, effluent tanks, major re-pump
stations, sewage treatment plants including percolation ponds, hospitals, hospices, water aeration
or treatment plants, governmental facilities;
b. In residential, agricultural and estate zoned districts, except as otherwise specified by section
2.6.9.1 regional parks, community parks, sa.e~j service r~o;~;.;~o, and other similar facilities;
c. In the residential and estates districts only (excludes the agricultural district): safety service
facilities; - - -
d. In the agricultural district only (excludes the estates): fire stations, EMS substations, sherill'
substations and ancillary fire station services, such as fire trainine; camps, outside of the area
encompassed by the Rural Lands Stewardship Area Overlay in the Future Land Use Element,
except as may be limited or prohibited by the Rural Fringe Mixed Use District in the Future Land
Use Element; and -
e. In the agricultural district only: those safety service facilities that are defined by the code and
not specifically listed in paragraph "d." above. -
Sec. 2.6.11. Fences.
2.6.11.1. Fences in residential districts. Fences or walls shall be allowed in all zoning districts
subject to the restrictions set forth in section[s] 2.6.11.2--2.6.11.5.
2.6.11.2. Residential districts. For the purposes of this section, residential districts shall include:
RSF residential single-family; RMF-6, RMF-12, and RMF-16 residential mult p e-family' RT
residential tourist; VR village residential; MH mobile home; TTRVC travel trailer-recreational
vehicle park campground; and residential increments of PUD residential planned unit development
districts. Fences and walls placed within required yards shall be subject to the following:
2.6.11.2.1. Fences or walls on all lots greater than one acre in area may reach a maximum height
of six feet.
2.6.11.2.2. For non-waterfront interior lots one acre or less in area, fences or walls may reach a
maximum height of six feet for side and rear yards, but are limited to four feet within the required
front yard.
2.6.11.2.3. For waterfront lots one acre or less in area, height limits are as for non-waterfront lots,
but with the additional restriction that fences or walls within the required rear yard are limited to
four feet.
2.6.11.2.4. For corner lots one acre or less in area, which by definition have only front yardsand
side yards, fences within required front yards are limited to four feet in height, with the exception
that any portion ora front yard fence within the safe sight triangle described in section 3.2.8.3.22.
of this Code is restricted to three feet in height. (Two sides of this triangle extend 30 feet along the
property lines from the point where the right-of-way lines meet, and the third side is a line
connecting the other two.) Fences within required side yards may reach six feet in height.
2.6.11.2.5. Barbed wire, razor wire, spire tips, sharp objects, or electrically charged fences shall
be prohibited, except that the board of zoning appeals may allow the use of barbed wire in
conjunction with chain link fencing for facilities where a security hazardmay exist, such as a
utility substation, sewage treatment plant, or similar use.
Page 20 of 35
Words struck through are deleted, words underlined_ are added
2.6.11.3. Agricultural districts. For the purposes of this section, agricultural districts shall
include: A agricultural; E estates; and CON conservation districts. Fences and walls within
agricultural districts shall be exempt from height and type of construction requirements.
........ , ....., ~ ................ , .........merc:a, ~,a ;.a,,~,,;~ .... '~ ~- in ...... *~ of PUD,
........... 7 ..... ~ ~ .............. uc,..ence: abut a~er? ....
must a! ...... ~ ..... ;*~ ~, ..... ;~; ....r o~, .... " ................. ,
....... v,: .......... ~ ................ :OhS 2.g.2.3 3 I., 2.8.4.2.2.!. and 2 4
Unless othep, vise provided, al! commercial and industrial';,, ~;g-~a ,~-a~ ;,
..... ~ ................... ~,/ ............~rOVIglOBS.
~ 2.6.11.4. Industrial Districts. Fences or walls in commercial and industrial districts
not subject to Division 2.8 shall be limited to eight feet in height.
~ 2.6.11.4.1, Wails and fences required contiguous or opposite residentially
zoned districts. Whenever a nonresidential development lies contiguous to or opposite a
residentially zoned district, said nonresidential development shall provide a masorry wall or
prefabricated concrete wail/fence. If located on a contiguous property, the wall/fence shall be a
minimum of six feet and a maximum of eight feet in height and shall be located a minimum of six
feet from the residentially zoned district. If on aproperty opposite a residentially zoned district but
fronting on a local street, or the properties are separated by a platted alley, the wall/fence shall be
located a minimum of three feet from the rear of the right-of-way landscape buffer line and shall be
four feet in height. On properties which front on more than one street, a si~foot high wall/fence
shall be required along the street which is opposite the primary ingress and egress point of the
project along the street frontage which is adjacent to the rear of the project.
At the applicants' request, the planning services director may determine that a masonry wall/fence
is not warranted, particularly where the local street lies contiguous to the rear of a residence or
some other physical separation exists between the residential development and the nonresidential
development, or for other good cause including the existence of a wall on an adjacent residential
development. The applicant shall demonstrate that the intent of this section can be effectivdy
accomplished, without constructing a wall, by submitting for the approval an alternative design,
and a descriptive narrative through the administrative variance process set forth in subsection
2.6.11.5.7. of this Code. The planning services director will review the submitted documents for
consistency with the intent of this section and, if the administrative variance is approved the fact of
the approval and basis for it shall be stated in the site development plan approval letter.
Vegetative plantings shall be located external to the wall/fence such that 50 percent of the
wall/fence is screened within one year of the installation of said vegetative material. An irrigation
system shall be installed to insure the continued viability of the vegetative scr0en.
These regulations shall not be construed to require a masonry wall/fence for commercial
development fronting on an arterial or collector roadway where the opposite side of such roadway
is zoned residential or to be otherwise inconsistent with the provisions of section 2.8.2 of this
Code.
A wall/fence shall be constructed following site plan approval but prior to any vertical construction
or any other type of improvement resulting from the issuance of a building permit. Special
circumstances may warrant constructing the wall/fence in phases depending upon the location of
affected residential areas and after vertical construction commences.
2.6.11.5. AIl districts. Whenever a property owner elects to erect a chain link fence pursuant to
the provisions of section 2.6.11 adjacent to an arterial/collector road in the urban coastal area said
fence shall not be located nearer than three feet to the right-of-way/property line, and said fence
shall be screened from view by planting a vegetative hedge a mininum of 30 inches in height at
planting spaced at a distance that will achieve an opacity rating of 80 percent within one year of
planting. An irrigation system shall be installed to insure the continued viability of the vegetative
hedge as a visual screen of the chain link fence. This regulation shall not apply to single family
homes.
1. Structures subject to Division 2.8 Architectural & Site Design Standards shall comply with the
.following additional fencing standards,. -
a. Chain link and wood fences are l:rohibited forward of the primary faCade and must be a
minimum of 100 feet from a public right-of-way. Chain link and wood fencing facing a public or
private street shall be screened with an irrigated hedge planted directly in front of the fence on the
street side. Plant material shall be a minimum of 3 gallon in size and planted no more than 3 feet
on center at time of installation. This plant material shall be maintained at no less than three
quarters of the height of the adjacent fence (See Illustration 6.1).
Page 21 of 35
Words struck through are deleted, words underlined are added
b. Fences forward of the primary facade, excluding chain link and wood are permitted under the
following conditions:
(1) Fences shall not exceed 4 feet in height.
(2) The fence provides either an open view at a minimum of 25 percent of its length or provides
variation in its height for a minimum of 15 percent of its length with a deviation of at least 12
inches.
(3) The fence style must complement building style through material, color and design.
(INCLUDE ILLUSTRATION 6.1)
2.6.11.5.1. All fences and walls shall be of sound construction and shall not detract from the
public health, safety and welfare of the general public.
2.6.11.5.2. All fences and walls shall be maintained in a manner that will not detract from the
neighborhood or commmity.
2.6.11.5.3. Barbed wire is authorized within agricultural, commercial and industrial districts.
Razor or concertina wire is not permitted except in the case of an institution whose purpose it is to
incarcerate individuals, i.e., a jail or penitentiary, or by appeal to the board of zoning appeals.
2.6.11.5.4. No fence or wall within any district shall block the view of passing motorists or
pedestrians so as to constitute a hazard.
2.6.11.5.5. Fences and walls shall be constructed of conventional building materials such as, but
not limited to concrete block, brick, wood, decorative iron or steel, and chain link.
2.6.11.5.6. Fences and walls shall be constructed to present the finished side of the fence or wall
to the adjoining lot or any abutting right-of-way. Where due to the presence of an existing fence or
wall or continuous landscape hedge on the adjoining parcel, this provision may be administratively
waived where said request has been requested in writing.
2.6.11.5.7. When determined to be beneficial to the health, safety, and welfare of the public, the
planning services director may approve an administrative variance from height limitations of
fences and walls in all districts provided that at least one health, safety, or welfare stardard
peculiar to the property is identified, and that such approval does not set an unwanted precedent by
addressing a generic problem more properly corrected by an amendment to this Code.
2.6.11.5.8. Existing ground levels shall not be altered for the purpose of increasing the height of a
proposed wall or fence except as provided for within section 2.6.11.5.7 and division 2.4.
2.6.11.6. Fence height measurement for all districts. The height of a fence or wall located
outside of the building line shall be measured from the ground level at the fence location.
However, if the development services director determines that ground levels have been altered so
as to provide for a higher fence, the development services director shall determine the ground level
for the purposes of measuring the fence height. In determining whether the ground level has been
altered for the purposes of increasing the height of the fence, the development services director
may consider, but is not limited to consideration of, the fdlowing facts:
2.6.11.6.1. General ground elevation of the entire lot.
2.6.11.6.2. In the case of a lot with varying ground elevations, the average elevation over the
length of the fence, and at points in the vicinity of the fence.
2.6.11.6.3. The ground elevation on both sides of the fence. In measuring the fence height, the
ground elevation on the side of the fence location that is at the lowest elevation shall be used as a
point from which the fence height is to be measured.
2.6.11.6.4. Fences or walls shall be permitted principal uses; however a fence or wall shall not, in
any way, constitute a use or structure, which permits, requires and/or provides for any accessory
uses and/or structures.
(Ord. No. 92-73, § 2; Ord. No. 94-27, § 3; Ord. No. 99-46, § 3.D.; Ord. No. 00-92, § 3.D.; Ord.
No. 02-3, § 3.E.)
SUBSECTION 3.F
AMENDMENTS TO DIVISION 2.7., ZONING
ADMINISTRATION AND PROCEDURES
Page 22 of 35
Words st:~dck through are deleted, words underlined are added
Illustration 6.1
Supp. No. 9 LDC2:272
DIVISION 2.7., Zoning Administration and Procedures, of Ordinance 91-
102, as amended, of the Collier County Land Development Code, is hereby
amended to read as follows:
DIVISION 2.7. ZONING ADMINISTRATION AND PROCEDURES
Sec. 2.7.2. Amendment Procedures.
2.7.2.3.5. Public participation requirements for rezonings, PUD amendments, conditional
uses, variances or parking exemptions.
1. Applicants requesting a rezoning, PUD amendment, or conditional use approval shah must
conduct at least one puS!ic Neighborhood Informational Meeting ("NIM") after initial staff review
and comment of the application and before the Public Hearing is scheduled with the Planning
Commission. The appropriate number of staff reviews of the application returned before the NlM
can be held, will be at the discretion of the current planning manager, only in cases where one or
two pending reviews are unnecessarily hindering the applicant from presenting the proposal to the
..... ~ ..... ~;~+;^" meeting with ~-'~ prior to ~,,~.~;.;.~ a ~v
public. ~c,~ a v,v -~v ......................... ~ ............ vv .............
planning services ~epaXment. Written notice of the meeting shall be sent to all property owners
who are required to receive legal notification from the county pursuant to section 2.7.2.3.2.
Notification shall also be sent to property owners, condominium and civic associations whose
members are impacted by the proposed land use changes and who have formally requested the
county to be notified. A list of such organizations sha!! must be provided and maintained by the
county, but the applicant shall must bear the responsibility of insuring that all parties are notified.
A copy of the list of all parties noticed as required above, and the date, time, and location of the
meeting, shah must be furnished to the planning services department and the office of the board of
county commissioners no less than ten days prior to the scheduled date of the public informational
meeting. The applicant shall must make arrangements tbr the location of the meeting. The location
sSou!d must be reasonably convenient to those property owners who are required to receive notice
and the facilities sba!! must be of sufficient size to accommodate expected attendance. The
applicant shah must further cause a display advertisement, one-fourth page, in type no smaller than
Jog 1_~_2 point and sba!! must not be placed in that portion of the newspaper where legal notices and
classified advertisements appear stating the purpose, location, and time of the meeting, and ,
legible site location map of the property_ for which the zoning change is being requested. The
advertisement is to be placed within a newspaper of general circulation in the county at least seven
days prior to, but not sooner than ten days before, the ~,,~,~o,~.,~ neighborhood informational meeting.
The Collier County staff planner assigned to attend the pre-application meeting, or designee, sba!!
must also attend the public informational meeting and shall serve as the facilitator of the meeting,
however, the applicant is expected to make a presentation of how it intends to develop the subject
property. The applicant is required to audio or video tape the proceedings of the meeting and to
provide a copy of same to the planning services department.
2. As a result of mandated meetings with the public, any commitments made by the applicant
must be reduced to writing and made a part of the record of the proceedings provided to the
planning services department. These written commitments will be made a part of the staff report to
the coun _ty's appropriate review and approval bodies and made a part of the consideration for
inclusion in the conditions of approval of any applicable development approval order.
3. ~ Any applicant requesting variance approval or parking exemption approval shall must
provide documentation to the planning services department indicating that property owners within
150 feet of the subject site have been advised of the extent and nature of the variance or parking
exemption requested within 30 days of receipt of a letter indicating that the application is
.............. ~.,~,.~ ....... , functioning
4. Where it has been determined that there is a property owner, functioning condominium or civic
association who has made formal request of the county to be notified, then the applicant must
Page 23 of 35
Words struck thro'.'gh are deleted, words underlined are added
provide written documentation to the planning services department indicating that such property
owner or organization has also been notified concerning the extent and nature of the variance or
parking exemption requested. The applicant must provide a written account of the result of such
noticing and shall submit any and all written communications to the planning services department.
A list of property_ owners, homeowner or condominium associations notified and any other written
communications must be submitted to the planning services department at least two weeks prior to
the scheduled date of the first advertised public hearin ,~.
...................... ~, ...........v ....., any ~ ........................~ .... a cant
planning ~ervices ~"* m~ ....... ;, ...... ;~,, .... :' ~ .... ~ a ~ ~*"~ staffrepa~ to
Sec. 2.7.3. Planned unit development (PUD) procedures.
2.7.3.6. Monitoring requirements. In order to ensure and verify that approved project densities
or intensities of land will not be exceeded and that development commitments will be fulfilled,
annual monitoring reports sba!! must be submitted by the developer/owner or authorized agent of a
PUD to the development services director. The monitoring report shall must be in the form of an
affidavit and be executed by the property owner(s) or their authorized a~ent and be submitted
annually, on each anniversary of the date said PUD was approved by the board until the PUD is
completely constructed and all commitments in the PUD document/master plan are met. The
monitoring report shall must.provide the following information:
1. Name of project.
2. Name of owner, developer.
3. Number of units, by residential type; square footage and acreage of recreational facilities,
commercial and other permitted uses; infrastructure and/or other uses which are complete of [or]
for which a valid permit has been issued, but which have not been completed.
4. Up-to-date PUD master plan showing infrastructure, projects/developments, plats, parcels and
other pertinent information.
5. Traffic counts for all access points to the major highway network.
6. Copies of all required monitoring reports completed in the past year (i.e., traffic, wellfield,
etc.).
7. Up-to-date PUD document which includes all apl:roved amendments.
8. Status of commitments in PUD document.
9. Other information as may be required by the development services director.
Sec. 2.7.7. Affordable housing density bonus.
2.7.7.2. Affordable housing density bonus program.
2.7.7.2.1. Overview. Within most of the coastal urban designated areas identified on the future
land use map of the growth management plan, a base density of four residential dwelling units per
gross acre is permitted. However, the base density may be adjusted depending on the
characteristics of the development. One characteristic of a housing development which would
allow the addition of density bonuses in order to increase the density over the base density is the
provision of affordable housing in the development. The provision of affordable housing units
may add up to eight dwelling units per gross acre to the base density of four residential dwelling
units per gross acre, for a total of 12 residential dwelling units per gross acre, plus any other
density, bonuses available, and minus any density reduction for traffic congestion or coasta!
Page 24 of 35
Words struck through are deleted, words underlined are added
management area required, pursuant to the growth management plan._ ~ The total eligible densiv¢
must not to exceed a total of 16 dwelling units per gross acre, except as allowed through use of
transfer of development rights, as provided for in the growth management plan
Within most of the Immokalee Urban area, as identified on the Immokalee area master plan future
land use map of the growth management plan, basedensities are four or six or eight residential
dwelling units per gross acre. However, the base density may be adjusted depending on the
characteristics of the development. One characteristic of a housing development that would allow
the addition of density bonuses is the provision of affordable housing in the development. The
provision of affordable housing units may add up to eight dwelling units per gross acre to the base
density of four, six or eight residential dwelling units per gross acre, for a lotal of twelve, fourteen
or sixteen residential dwelling units per gross acre, plus any other density bonuses available. The
total eligible density must not exceed a total of 16 dwelling units per gross acre.
Within the Rural Lands Stewardship Area Overlay of the Agricultural/Rural area, as identified on
the future land use map of the growth management plan, towns, villages, hamlets and compact
rural developments are allowed at a density range of one-half to four dwelling units per gross acre.
The allowed density may be adjusted depending on the characteristics of the development. One
characteristic of a housing development that would allow the addition of density bonuses is the
provision of affordable housing in the development. The provision of afforchble housing units
may add up to eight dwelling units per gross acre to the allowed density of onohalf to four
dwelling units per gross acre, for a total of' eight and one-half to twelve and one-half residential
dwelling units per gross acre, plus any other density bonuses available.
2.7.7.2.3. Preapplication conference. Prior to submitting an application ibr AHDB, a
preapplication conference may be scheduled with the development services director. If the
proposed development is to include affordable housing, the housing and urban improvement
director sha!! must participate in the preapplication conference. The preapplication conference
provides an opportunity to familiarize the applicant with the AHDB program and provides an
opportunity for the county staff to obtain a clear understanding of the proposed development. The
AHDB rating system, the AHDB monitoring program, the limitations, criteria, procedures,
standard conditions, standard forms, and other information will be discussed and made available to
the applicant. Depending on the type of development proposed, the application may ta!ze the fo,."..
v.,^r or be combined with; an application for a planned unit development (PUD), a rezone, or an
^ ~rm ~ .... ~ ............... a Stewardship Receiving Area~
2.7.7.2.4. Application. An application for AHDB for a development shall must be submitted to
the development services director in the form established by the development services director.
One additional copy of the application as otherwise required sba!! must be provided for the
housing and urban improvement director. The applicationsha!! must, at a minimum, include:
1. Zoning districts proposed by the applicant, if any, on the property and acreage of each;
6. Whether the AHDB is requested in conjunction with an application for a planned unit
development (PUD), an application for rezoning, or an application for a Stewardship Receiving
Area or an AHDE ~e;'e!opment agreemen~
7. Any other information which would reasonably be needed to address the request for AHDB for
the development pursuant to the requirements set forth in this section.
2.7.7.2.6. Review and recommendation by the housing and urban improvement director. After
receipt of a completed application for AHDB, the housing and urban improvement director sha!!
must review and evaluate the application in light of the AHDB rating system, the AHDB
monitoring program and the requirements of this division,,..~,~-'~ :r., ~vv..~=~.~,.-~""~:'~'~ The housing and
urban improvement director sba!! must coordinate a rezone with the development services director;
amt to schedule the AHDB application with the companion application for rezoning, planned unit
development or stewardship receiving area, and shall must recommend to the planning commission
and the board of county commissioners to deny, grant, or grant with conditions, the AHDB
application. The recommendation of the housing and urban improvement director sba!! must
include a report in support of his recommendation.
2.7.7.2.7. Review and recommendation by the planning commission. Upon receipt by the
planning commission of the application for AHDB and the written recommendation and report of
the housing and urban improvement director, the planning commission shall must schedule and
hold a properly advertised and duly noticed public hearing on the application. If the application
has been submitted in conjunction with an application for a PUD, then the hearing s~all must be
consolidated and made a part of the public hearing on the application for the PUD before the
planning commission, and the planning commission sba!! must consider the application for AHDB
in conjunction with the application for the PUD. If the application has been submitted in
conjunction with an application for a rezoning, then the hearing s?.a!! must be consolidated and
made a part of the public hearing on the application for rezoning before the planning commission,
Page 25 of 35
Words struc!~ through are deleted, words underlined are added
and the planning commission sba!! must consider the application for AHDB in conjunction with
the application for rezoning. If the application has been submitted in conjunction with an
application for a stewardship receiving area, then the hearing must be consolidated and made a part
of the public hearing on the application for stewardship receiving area before the planning
commission, and the planning commission must consider the application for AHDB in conjunction
with the application for stewardship receiving area. '- ~'' ........ ~.~, fh .... ,;o~f~. ¢~ ^ rJrm h~o
ccmF!y w~th the requirements for a
close of the public hearing, the planning commission s~a!! must review and evaluate the
application in light of the requirements of this division and the requirements for a rezoning, PUD
rezoning, or stewardship receiving area, as applicable, and shall must recommend to the board of
coun~ commissioners that the application be denied, granted or granted with conditions.
2.7.7.2.8. Review and determination by board of county commissioners. Upon receipt by the
board of county commissioners of the application for AHDB and the written recommendation and
report of the housing and urban improvement director and recommendation of the planning
commission, the board of county commissioners sba!! must schedule and hold a properly
advertised and duly noticed public hearing on the application, if the application has been
submitted in conjunction with an application for a planned unit development (PUD), then the
hearing ska!! must be consolidated and made a part of the public hearing on the application for the
planned unit development (PUD) before the board of county commissioners, and the board of
county commissioners ska!! must consider the application for AHDB in conjunction with the
application for the planned unit development (PUD). If the application has been submitted in
conjunction with an application for a rezoning, then the hearing skal! must be consolidated and
made a part of the public hearing on the application for rezoning before the board of county
commissioners, and the board of county commissioners sha]! must consider the application for
AHDB in conjunction with the application for rezoning. If the application has been submitted in
conjunction with an application for a stewardship receiving area, then the hearing must be
consolidated and made a part of the public hearing on the application for stewardship receivin~
area before the board of county commissioners, and the board of county commissioners must
consider the application for AHDB in conjunction with the application for stewardship receiving
..,;~h ,h ...... ; ..... fo c.. a ..... ;-- as .... , oo ,h~ requ!rements ^efh; .... ,;~. After the close of
the public hearing, the board of county commissioners s~a!! must review and evaluate the
application in light of the requirements of this division and the requirements for a rezoning, and
shaU must deny, grant, or grant with conditions, the application in accordance with the AHDB
rating system and the AHDB monitoring program. Hewe;'er, ift~e app!icatian far AHDB ~ces not
SUBSECTION 3.G
AMENDMENTS TO DIVISION 3.2.,
SUBDIVISIONS
DIVISION 3.2., Subdivisions, of Ordinance 91-102, as amended, of the
Collier County Land Development Code, is hereby amended to read as
follows:
DIVISION 3.2. SUBDIVISIONS
Sec. 3.2.8. Improvement Plans.
Page 26 of 35
Words ............. ~,h are deleted, words underlined are added
3.2.8. 4~.16. Streets. The street layout of all subdivisions or developments shall be coordinated
with the street systems of the surrounding areas. Adjacent properties shall be provi:led with local
street interconnections unless topography, other natural features or other ordinances/regulations do
not allow or require said connections. All arterial or collector streets shall be planned to conform
to the Collier County comprehensive plan. Collector and arterial streets within a development shall
not have individual residential driveway connections. Their location and right-of-way cross section
must be reviewed and approved by the county transportation services division during the
preliminary subdivision plat review process. All subdivisions shall provide right,of-way in
conformance with the comprehensive plan and the right-of-way cross section contained in
appendix B. All streets shall be designed and constructed to provide for optimum xehicular and
pedestrian safety, long service life and low cost of maintenance.
1. Street access. Every subdivision or development shall have legal and adequate access to a street
dedicated for public use and which has been accepted l%r maintenance by or dedi:ated to the State
of Florida or Collier County, as described in LDC, section 3.2.8.3.1. When a subdivision or
development does not immediately adjoin such a street, the applicant shall provide access to the
development from a dedicated street in accordance with these regulations and provide legal
documentation that access is available to the project site. All lots within a subdivision or
development shall be provided legal access to a street dedicated for public use.
2. Adjoining or proposed adjoining street systems. The arrangement of streets in subdivisions or
developments may be required to make provision for the continuation of existing or proposed
collector or arterial streets to and from adjoining properties, whether developed or undeveloped,
and for their proper projection to ensure a coordinated and integrated street system per
requirements of the growth management plan, this Code or other ordinances and regulations.
Where a subdivision or development abuts an existing or proposed public arterial or cdlector
street, buffering shall be required per division 2.4.
3. Local streets. Use of local streets by cut through traffic shall be discouraged, using methods
(like traffic calming) that do not compromise connectivity or reduce the number of access points
the subdivision.
4. Traffic analysis. If the proposed land development or subdivision will generate traffic volumes
in excess of 1,000 ADT (average daily trips) or 100 vehicles per hour, peak hour/peak season,
whichever is more restrictive, then a trafficanalysis, prepared by a professional engineer, shall be
provided by the developer.
The analysis shall show the impact on the proposed internal streets of the subdivision or
development and existing externally affected streets. The analysis shall be used t) determine the
street classification, width and number of traffic lanes internal to the development and any
requirements for off-site (external) improvements on the existing street system per the Collier
County growth management plan.
5. Street right-of-way width. The minimum right-of-way widths to be utilized shall be as follows
and, where applicable, shall be clarified by the cross sections contained in appendix B. and will be
directly related to traffic volume as indicated in the definition of each street continued herein and
where applicable clarified by the cross sections contained in appendix B. Private street right-of-
way widths and design may be determined on a casoby-case basis in accordance with section
3.2.7.2.
Street Type (feet)
All Streets
Cul-de-sac
Local
Minor
collector
Minor
collector
(divided)
Major
collector or
minor
arterial*
6O
6O
80
80--100
As determined for
median and turn lanes
R/W Width* Number of
Lane Width (feet)
lanes
2 10
2 10
2 11--12
2 11--12
4 11--12
Page 27 of 35
Words struc!¢ through are deleted, words underlined are added
Note: Any rural cross sections approved may require expanded right-of-way widths for additional
shoulder and swale facilities. Design to be approved on a case-by-case basis.
*If an alley is utilized, the right-of-way width may be reduced upon approval of the transportation
services administrator.
6. Dead-end streets. Dead-end streets shall be prohibited except when designed as a cul-de-sac.
When a street is designed to be extended when the adjacent property is developed, a temporary
cul-de-sac and right-of-way shall be designed. Culs-de-sac in excess of 1,000 feet shall not be
permitted unless existing topographical conditions or other natural features preclude a street layout
to avoid longer culs-de-sac. When conflicts occur between the design standards of this division and
Collier County Ordinance [No.] 86-54, the County Fire Protection Code, or its successor ordinance
[see Code ch. 58, art. III], the standards of this division shall take precedence.
Culs-de-sac shall have a minimum 40-foot pavement radius (to back of valley gutter) and 60-foot
right-of-way radius. If islands are to be installed within a cul-de-sac, they shall have a minimum
45-foot outside edge of pavement and an inside edge of pavement radius of no greater than 25 feet
(See Figure 4 below).
Graphic Unavailable (Figure 4)
7. Curbs/valley gutter. All streets shall be provided with valley gutter or curbs to provide for
drainage. Curbs shall be required at street intersections and for those areas requiring additional
vehicular protection. All required intersection curbs shall extend ten feet beyond the radius.
8. Intersection radii. Street intersections shall be provided with a minimum cfa 25-foot radius
(edge of pavement) for local or cul-de-sac streets and 40-foot radius for collector, arterial and
commercial/industrial streets. If two local or cul-de-sac streets intersect at less than 90 degrees, a
radius of greater than 30 feet may be required. Intersection right-of-way lines shall be provided
with no less than a 25-foot radius, or as approved by the community development and
environmental services administrator.
All intersections shall be provided with ramps where sidewalks are required.
9. Intersections andstreetjogs. Wherever feasible, streets shall be arranged so as to intersect at
right angles. Two streets shall not intersect at an angle less than 60 degrees. When an intersection
occurs on a curve, it should be made radially at the point of intersection, with a minimum 75foot
tangent measured from intersecting centerlines. All local cross streets or stop streets should
provide a minimum 50-foot tangent measured from intersecting centerline. Any proposed deviation
to the tangent requirements must be supported by design calculations submitted by the applicant's
professional engineer. The calculations must be b~sed on the roadway speed limit and the Florida
Department of Transportation "Green Book" standards for degree of curvature. Streets classified
higher than local shall be provided with appropriately larger tangents, supported by design
calculations.
Street jogs, at intersections, shall be prohibited. In no case shall intersections be located closer
than 100 feet apart, as measured between closest right-of-way lines. The use of the 100-foot
intersection separation criteria shall be used only when a traffic inpact analysis indicated that
neither intersection will require turn lanes or signalization.
Intersections of more than two streets shall be subject to the approval of the community
development and environmental services administrator.
10.Reverse curves. Tangents shall be provided for all streets, between reverse curves, according to
the following, unless otherwise approved by the community development and environmental
services division administrator pursuant to section 3.2.7.2.
Street Classification Tangent (Minimum)
(feet)
Cul-de-sac 25
Local 50
Minor collector/commercial/industrial 75
All other streets 100
11. Construction in muck or clay areas. The design of street proposed in excessive muck areas
shall be considered on an individual basis and may, x4nere so directed by the development services
director, require the use of under drains. Alternate methods of construction may be considered by
the development services director based on a design study, containing soil testing data, and
recommendations prepared by a geotechnical engineer licensed to practice in the State of Florida
and supported by the applicant's professional engineer.
Page 28 of 35
Words struck thrcug~ are deleted, words underlined are added
Supp. No. 13
Not to Scale
FI~uFe 4
LDC3:50.1
12. Materials. Streets shall include a stabilized subgrade, base and wearing surface in accordance
with standards designated by the development services director and as shown in the typical
sections.
a. Subgrade and shoulders. All subgrade and shoulders shall be stabilized to a depth of 12
inches and to the full width as shown on the typical section drawing. The stabilized area shdl be
free of muck, roots and other objectionable material. The subgrade and shoulders shall be
stabilized and compacted to obtain the minimum limerock bearing ratio (LBR) of 40 LBR and at
least 98 percent of maximum density as determined by AASHTO TI 80. [the bearing value of the
natural soil is less than that specified, the subgrade and shoulders shall be stabilized in accordance
with section 160 of the Florida Department of Transportation Standard Specifications for Road
and Bridge Construction (latest edition thereof). The construction of the subgrade and shoulders
shall generally conform to sections 160-8 and 160-9 of the Florida Department of Transportation
Standard Specifications for Road and Bridge Construction (latest edition thereof).
b. Base. The base shall be compacted limerock constructed to the thickness specified in the
typical section drawing for the class and type of road to be constructed, and shall be built to the
specified width and centered on the subgrade. Limerock used for the base shallmeet the standard
specifications for grade no. 2 limerock and shall be compacted to obtain at least 98 percent
maximum density as determined by AASHTO TI 80. Construction and materials of the base shall
conform to sections 200 and 911 of Florida Department of Transportation Standard Specifications
for Road and Bridge Construction (latest edition thereof). Alternate base courses that meet FDOT
specifications may be considered and approved by the development services director.
c. Prime. The base shall be primed with type RC-70 bituminous material of SS-I (asphalt
emulsion) and shall comply with section 270-2 of the standard Florida department of transportation
specifications.
d. Surface course. The surface course thickness and width shall be as specified in the Bpical
section drawings. The processing of the mixture and construction of the surface course shall
comply with sections 320, 330 and 332 of the standard Florida department of transportation
specifications.
e. Grass. All areas within the right-of-way not receiving the surface course shall receive seed,
fertilizer and mulch in accordance with sections 570, 981,982 and 983 of the standard Florida
department of transportation specifications. Where sod is specified by the development services
director for erosion control, it shall be installed prior to preliminary acceptance of the roadway.
f. Maintenance. The applicant shall be responsible for maintenance of the roads for the period
between preliminary and final acceptance as specified herein. This includes workmar~hip,
materials, and all repairs and maintenance.
g. Testing. The applicant shall have the subgrade and shoulders tested for compaction and
limerock bearing ratio (LBR) at intervals set forth in the latest edition of the Florida Department of
Transportation Standard Specifications for Road and Bridge Construction or as directed by the
development services director. The subgrade and base shall be tested for compaction by a certified
engineering testing laboratory. Prior to acceptance by the county, a copy of he test results along
with a statement of compliance issued by the testing laboratory, shall be furnished to the
development services director.
h. Inspection. During construction, a field inspection shall be made by the development
services director. It is the applicant's responsibility to provide written notice to the development
services director when construction is ready for inspection.
i. Signs. The developer shall provide and install traffic control signs, street name and speed
limit signs. All signs shall be of noncorrosive, reflective material construction or of a type
approved by the development services director.
One double-sided street name sign of standard design as prescribed by current county standards
shall be provided at each intersection for each named street unless otherwise approved by the
development services director pursuant to section 3.2.7.2. A street sign shall be placed at a point
eight feet from the edge of pavement on a radial line that bisects the intersection radius curve
unless otherwise approved by the development services director pursuant to section 3.2.7.2. All
signs shall be designated on the construction plans prior to their approval by the development
services director.
j. Pavement striping. All work shall be in accordance with section 711 of the Florida
Department of Transportation Standard Specifications for Road and Bridge Construction (latest
edition thereof).
13.Alternative types of pavement, base and subgrade. Alternate types of pavement, base and
subgrade determined by the development services director and/or the transportation services
Page 29 of 35
Words struck t~roug~ are deleted, words underlined are added
administrator to be equivalent to those specified in this division may be approved. Application for
such approval shall be accompanied by written data, calculations and analysis which show, [y
generally accepted engineering principles, that the alternate types are equal or superior to those
specified.
14.Street grades. Street grades shall be determined in relation to the drainage facilities for the
subdivision and shall not exceed four percent mr be less than 0.3 percent, unless otherwise
approved by the development services director pursuant to section 3.2.7.2. Street grades shall be
shown on the development plans by direction and percent of fall on the road profiles.
15.Swales. Swales shall not be permitted within the right-of-way in lieu of curbs or valley gutters
unless the provision for a rural section specified in section 3.2.8.3, Required improvements, is
justified. Swales may be permitted to convey rear yard drainage and to collect street ctainage.
16.Marginal access streets. Where a subdivision or development abuts or contains existing limited
access highway, freeway or arterial street, and if access is desired to adjoining property other than
street connections, a marginal access street to afford separation of through and local traffic may be
required by the development services director.
17.Half'streets. Half or partial streets shall not be permitted except where essential to the
reasonable development of a property in conformance with the circulation plan, comprehensive
plan or these regulations and where, in addition, dedication of the remaining part of the required
street right-of-way is provided. Whenever a property to be developed borders on an existing half
or partial street, the other part of the street shall be required to be dedicated and constructed within
such property. A proposed development or subdivision that adjoins or includes an existing street
which does not conform to the minimum righ~of-way requirements of these regulationsshall
provide for the dedication of additional right-of-way along either one or both sides of said street so
that the minimum right-of-way requirements of these regulations shall be established.
18.Limited access strips. Limited access strips controlling access to streets on adjacent parcels
shall be prohibited except where approved by the development services director pursuant to
section 3.2.7.2.
19. Clearance and height. At least 17 feet of nominal clearance shall be provided over the full
width of public streets, private streets, fire lanes, and other means of vehicular access. Overhead
public utilities may require a greater height and will be evaluated on a case by case basis.
20. Pavement samples. The developer shall provide core samples of both the base course and
surface course of the completed public and private roadways prior to preliminary approval. The
core samples shall be taken at a maximum of 300 feet intervals and arrangements shall be made to
immediately replace the areas so removed with materials andconstruction to conform to the
specifications and to the line and grade of the immediate surroundings' pavement surface. The core
samples shall be taken by an approved testing laboratory and/or professional engineer and certified
as to location and thickness measured.
A tolerance of one-quarter inch for pavement surface and one-half inch for base course may be
accepted. Any deviations more than these tolerances will result in withholding preliminary
acceptance until such time that the pavement is broughtup to county standards.
21. Sidewalk parking. The distance from the back of the sidewalk to the garage door must be 23
feet to allow room to park a vehicle on the driveway without parking over the sidewalk. Should
the garage be side-loaded there must be a 23-foot paved area on a perpendicular plane to the
garage door or plans must ensure that parked vehicles will not interfere with pedestrian traffic.
SUBSECTION 3.H AMENDMENTS TO DIVISION 3.3., SITE
DEVELOPMENT PLANS
DIVISION 3.3., Site Development Plans, of Ordinance 91-102, as
amended, of the Collier County Land Development Code, is hereby amended
to read as follows:
DIVISION 3,3. SITE DEVELOPMENT PLANS
Page 30 of 35
Words stn:ck through are deleted, words underlined are added
Sec. 3.3.7. Site development plan review (SDP) procedures.
3.3.7.1.9. Infrastructure improvements plans. Detailed on-site and off-site infrastructure
improvement plans and construction documents prepared in conformance with the design
standards of division 3.2 and any current county ordinances, regulations, policies and procedures
which consist of, but are not limited to, the following items:
1. A cover sheet setting forth the development name, applicant name, name of engineering firm,
and vicinity map.
2. Improvements for water and sewer service as needed or as may have been specified during a
preliminary site development plan review prepared in conformance with Collier County Ordinance
No. 88-76, as amended.
3. Improvements for roadway, motor vehicle and norvmotorized circulation, ingress and egress,
parking and other transportation needs, including traffic calming devices, required or as may have
been specified during the preliminary site development plan review, prepared in conformance with
section 3.2.8.4 subdivision design requirements (for purposes of this reqdrement, all references in
section 3.2.8.4 to "subdivision" should be read to mean development, where applicable and
appropriate).
4. Non-motorized circulation is defined as movement by persons on foot, bicycle or other
human-powered device. Non-motorized circulation depicting sidewalks and bicycle facilities
consistent with sections 2.8.3.4. and 3.2.8.
5. The absence of obstructions in the public right-of-way shall be demonstrated, including
provisions for safe and convenient street crossing. Sidewalks and bile paths at intersections shall
continue to the edge of curb as depicted by Illustrations I and 2.
GRAPHIC LINK (not available): Illustration I
6. Two curb ramps shall be provided for sidewalks and bike paths at each street comer of an
intersection. Curb romps shall be a minimum of 36 inches in width and shall not rise at a ratio
greater than as outlined by the Florida accessibility code for building construction.
GRAPHIC LINK (not available): Illustration 2
Crosswalks shall be required at any intersectian where the distance to the nearest crosswalk is
greater than 1,000 feet.
6.7. Improvements for water management purposes as needed or as may have been specified
during the preliminary site development plan review, prepared in conformance with section 3.28.4
subdivision design requirements (for purposes of this requirement, all references in section 3.2.8.4
to "subdivision" should be read to mean development, where applicable and appropriate), and
pursuant to South Florida Water Management District rules, chapter 40E-4, 40E-40 and 40E-41,
Florida Administrative Code.
¢:.8. All necessary standard and special details associated with sections 3.3.6.2.9.2. through
3.3.6.2.9.6. above.
8.9. Written technical specifications for all infrastructure improvements t~ be performed.
¢.10. Engineering design computations and reports for water, sewer, roads and water management
facilities, as required by federal, state and local laws and regulations.
-14X. 11. Topographical map of the property which shall include the folbwing:
a. Existing features, such as, watercourses, drainage ditches, lakes, marshes.
b. Existing contours or representative ground elevations at spot locations and a minimum
of 50 feet beyond the property line.
c. Benchmark locations and elevations (NGVD).
-t4~. 12. Site clearing plan and method of vegetation disposal.
-1~..13. Sidewalks, bike lanes and bikepaths. For all projects required to be developed through the
site development plan (SDP) process, the developer shall be required to construct sidewalks or
Page 31 of 35
Words struck t.",r,~ugh are deleted, words underlined, are added
Illustration I
Supp. No. 9 LDC3:?3
mustrafion 2
bikepaths, and bike lanes where applicable, as described below, unless otherwise exempted from
the subdivision regulations of this Code. Sidewalks or bikepaths, and bike lanes shall be
constructed contiguous to public and private roadways which are adjacent toand internal to the
site, in conformance with the following criteria:
a. Sidewalks, six feet in width, or bikepaths seven feet in width shall be provided on both
sides of collector and arterial streets.
b. Sidewalks, or bike paths, five feet in width, shall be provided on both sides of local
streets except as follows:
(1). Where a cul-de-sac or dead-end street exists within an approved single-family residential
subdivision, and where the developer of such subdivision was granted an exemption to the
subdivision regulations to allow a sidewalk on one side, the same exemption shall then apply to
any new abutting single-family residential subdivision which extends the deat$end street or cul-de-
sac to no more than 1,000 feet.
c. Bike lanes shall be provided on both sides of any street classified higher than a local
street (i.e. collector, arterial).
d. All sidewalks, bikepaths and bike lanes along public and private roadways shall be
constructed in accordance with design specifications identified in section 3.2.8.4.14. and division
2.8 of this Code.
e. Alternative designs for sidewalks, bike lanes, and bikepaths in developments adjacent
to public or private roadways may be provided, subject to approval by the community development
and environmental services division administrator and may utilize, but not be limited to the
following criteria:
(1). A design that reflects the land use density and intensity of the development along the street
or cul-de-sac.
(2). A design that reflects the expected traffic volumeson the street or cul-de-sac.
(3). A design that does not create a safety hazard caused by vehicles parked across the sidewalk
or directs pedestrians or cyclists into high traffic areas.
(4). A design that does not encourage additional landscape a:ea due to clearing for the
installation, aesthetic softening or additional landscape, additional softening of unnatural linear
concrete strips, or similar features.
(5). A design that reflects the expected demographics of the development, including tut not
limited to considerations such as the expected amount of school age children and active adults.
(6). A design that reflects reduced speed streets and culs-de-sac.
(7). A design that reflects the expected amount of utilization by joggers, valkers and cyclists.
(8). A design that reflects the character of the development, i.e., golf course/country club
community, affordable housing, private gated communities.
(9). Criteria pursuant to the provisions of section 3.2.7.2. of this Code.
f. Developments that provide an internal bikepath system, which functions primarily for
transportation purposes, not recreation, and which connects with existing public bicycle paths or
bike lanes may be exempt from the sidewalk/bikepath requirement. The ccunty's transportation
services division administrator may grant such an exemption if the alternative system functionally
operates equal to the standards of the county bikeway system, interconnects with the existing or
proposed county bikeway system and wil be perpetually open to the public.
g. Developments providing interconnections to existing and future developments
pursuant to the density rating system section of the Collier County growth management plan future
land use element, shall include sufficient right-of-way to accommodate the roadway, sidewalks,
bike lanes or bikepaths, and bike lanes, where required. Bikepaths, bike lanes and sidewalks shall
be constructed concurrently with the roadway interconnection.
h. Where planned right-of-way improvements scheduled in the county's capital
improvements program (CIP) would cause the removal of any sidewalks/bikepaths or bike lanes
required by this Code within two fiscal years following the fiscal year in which the first building
permit for the project is issued, the developer, in lieu of construction of the required
sidewalks/bikepaths and bike lanes, shall provide funds for the cost of sidewalk/bikepath and bike
lane construction and deposit the same into a fund approved by the transportation services director,
Page 32 of 35
Words struck tkre, ugh are deleted, words underlined are added
or his designee, for future construction of required sidewalks/bikepaths and bike lanes, by the
county.
4~. 14. Completion of site development plans. Upon completion of the infrastructure improvements
associated with a site development plan, and prior to lhe issuance of a certificate of occupancy, the
engineer shall provide a completion certificate as to the improvements, together [with] all
applicable items referenced in section 3.2.6.5.3 of this Code. Upon a satisfactory inspection of the
improvements, a certificate of occupancy may then be issued.
15. Sidewalk parking. The distance from the back of the sidewalk to the garage door must be 23
feet to allow room to park a vehicle on the driveway without parking over the sidewalk. Should
the garage be side-loaded there must be a 23-foot paved area on a perpendicular plane to the
garage door or plans must ensure that parked vehicles will not interfere with pedestrian traffic.
SUBSECTION 3.1
AMENDMENTS TO DIVISION 6.1., RULES OF
CONSTRUCTION
DIVISION 6.1., Rules of Construction, of Ordinance 91-102, as amended,
of the Collier County Land Development Code, is hereby amended to read as
follows:
DIVISION 6.1. RULES OF CONSTRUCTION
Sec. 6.1.~3. Day.
O~h~ise;
Sec. 6.1.34. Computation of t.;me "business day".
+ha 1~o, da;,'; ;r,h~ 1,~, ,~,, is a Saturday, c..~,; ..... ~%~. i,~lL4 .... h~- day ohon ~,~ excluded. A
business day is any day other than a Saturday, Sunday or County-recognized holiday. The first
business day shall be excluded from the computation for action, but every_ other business day shall
be included.
SUBSECTION 3.J
AMENDMENTS TO DIVISION 6.3.,
DEFINITIONS
DIVISION 6.3., Definitions, of Ordinance 91-102, as amended, of the
Collier County Land Development Code, is hereby amended to read as
follows:
DIVISION 6.3. DEFINITIONS
Adjacent (applicable to School Board Review issues only): Lying near or adjoining
Page 33 of 35
Words struck through are deleted, words underlined are added
Ancillary plant: The building, site and site improvements necessary to provide such facilities as
vehicle maintenance, warehouses, maintenance, or administrative buildings necessary to provide
~upport services to an educational program.
Auxiliary faciliW: The spaces located at educational plants which are not designed for student
occupation stations.
Compatibility review: A review pursuant to the Architectural and Site Design Standards contained
within the Division 2.8 of the Land Development Code (LDC) in effect at the time SBR Lettcs of
Compliance are requested and that pertains to issues of compatibilitw with surrounding uses,
complimentary_ patterns of development and mitigation of negative impacts. The Compatibility
Review will be limited to compatibility_ issues, external sidewaks and pathway connections,
lighting, dumpster location and screening, and orientation of buildings and ancillary facilities.
Consistency Review: A review process whereby the County will determine prior to the School
Board's acquisition of property whether such property_ is consistent with the locational criteria of
the Growth Management Plan's Future Land Use Element and Map, Golden Gate Area Master
Plan and lmmokalee Area Master Plan, and whether the plant or facility_ is a permitted use,
conditional use or prohibited use in the zoning district on the site, pursuant to the 1996 Interlocal
Agreement.
Educational Facilities: The buildings and equipment, structures, and special educational use areas
that are built, installed, or established to serve primarily the educational purposes and secondarily
the social and recreational purposes of the community and which may lawfully be used as
authorized by the Florida Statutes and approved by the Collier County School Board.
Educational Plant: The educational facilities, site and site improvements necessary to
accommodate students, faculty, administrators, staff, and the activities of the educational program
of each plant.
Fire station: The building(s) and site of a government establishment primarily engaged in
firefighting, used to house fire trucks and other emergency vehicles, firefighting equipment and
apparatus, firefighters, and support/administrative staff.
Fire station services, ancillary: Fire protection activities imperative to carry out the purposes of a
government establishment primarily engaged in firefighting, such as fire training camps, but which
is not required to be located at a fire station for that fire station to serve its function. However,
services designed to repair any firefighting equip'nent is not an ancillary fire station service.
Locational Criteria: The land use categories established in the Growth Management Plan's Future
Land Use Element and Map, Golden Gate Area Master Plan and Immokalee Area Master Plan.
School Board Review ("SBR',J: The site development plan review process for School Board
projects as outlined in the 2003 Interlocal Agreement.
State Requirements.['or Educational Facilities ("SREF"): The Florida Department of Education
State Requirements for Educational Facilities, effective 1999, as amended.
1996 Interlocal Agreement: the Interlocal Agreement between the Collier Coun _ty School Board
and Collier County as recorded in Official Record Book 2207, Pages 1729 et seq., which bears an
effective date of June 25, 1996.
2003 lnterlocal Agreement: the Interlocal Agreement between the Collier County School Board
and Collier Coun _ty as recorded in Official Record Book 3228, Page 2989 et seq., which bears an
effective date of February 28, 2003.
SUBSECTION 3.K
AMENDMENTS TO APPENDIX B, TYPICAL
STREET SECTIONS AND RIGHT-OF-WAY
DESIGN STANDARDS
APPENDIX B, Typical Street Sections and Right-of-Way Design
Standards, of Ordinance 91-102, as amended, of the Collier County Land
Development Code, is hereby amended to read as follows:
Page 34 of 35
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SECTION FOUR: CONFLICT AND SEVERABILITY
In the event this Ordinance conflicts with any other Ordinance of Collier County or
other applicable law, the more restrictive shall apply. If any phrase or portion of this
Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such
portion shall be deemed a separate, distinct and independent provision and such holding
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 relettered to accomplish such, and the word "ordinance" may be changed to
"section", "article", or any other appropriate word.
SECTION SIX: EFFECTIVE DATES
This Ordinance shall become effective upon filing with the Secretary of State,.
PASSED AND DULY ADOPTED by the Board of County Commissioners of
Collier County, Florida, this day of _, 2003.
ATTEST:
DWIGHT E. BROCK, CLERK
COMMISSIONERS
BOARD OF COUNTY
OF COLLIER COUNTY, FLORIDA
By:
Deputy Clerk
By:_
TOM HENNING, CHAIRMAN
Approved as to form and
legal sufficiency: ,~_ .)
Patrick G. White
Assistant County Attorney
Page 35 of 36
Words st .... ~. t~. ..... h .r~ deleted, words underlined are added
~ c ~ 0 ~
NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that on WEDNESDAY, OCTOBER 8, 2003, in the
Boardroom, 3rd Floor, Administration Building, Collier County
Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board
of County Commissioners will consider the enactment of a County
Ordinance. The meeting will commence at 5:05 P.M. The title of the
proposed Ordinance is as follows:
AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, AS AMENDED, THE
COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE
COMPREHENSIVE REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER
COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE, RECITALS; SECTION
TWO, FINDINGS OF FACT; SECTION THREE, ADOPTION OF AMENDMENTS TO
THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE
FOLLOWING: ARTICLE 1, DIVISION 1.6, INTERPRETATIONS; DIVISION 1.8,
NONCONFORMITIES; ARTICLE 2, DIVISION 2.2, ZONING DISTRICTS,
PERMITTED USES, CONDITIONAL USES, INCLUDING REVISIONS TO THE
INDUSTRIAL ZONING DISTRICT, INCLUDING REVISIONS TO THE BAYSHORE
DRIVE MIXED USE OVERLAY DISTRICT, INCLUDING THE GOODLAND ZONING
OVERLAY DISTRICT; DIVISION 2.4, LANDSCAPING AND BUFFERING;
DIVISION 2.5, SIGNS; DIVISION 2.6, SUPPLEMENTAL DISTRICT
REGULATIONS; DIVISION 2.7, ZONING ADMINISTRATION AND PROCEDURES;
ARTICLE 3, DIVISION 3.2, SUBDIVISIONS; DIVISION 3.3, SITE
DEVELOPMENT PLANS; AND ARTICLE 6, DIVISION 6.1, RULES OF
CONSTRUCTION; DIVISION 6.3, DEFINITIONS; APPENDIX B, TYPICAL
STREET SECTIONS AND RIGHT-OF-WAY DESIGN STANDARDS; SECTION FOUR,
CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER
COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE.
Copies of the proposed Ordinance are available for public inspection in
the Current Planning Section, Community Development Services Center,
2800 N. Horseshoe Drive, Naples, Florida, between the hours of 8:00
A.M. and 5:00 P.M., Monday through Friday.
NOTE: Ail interested parties are invited to appear and be heard. Ail
persons wishing to speak on any agenda item must register with the
County administrator prior to presentation of the agenda item to be
addressed. Individual speakers will be limited to 5 minutes on any
item. The selection of an individual to speak on behalf of an
organization or group is encouraged. If recognized by the Chairman, a
spokesperson for a group or organization may be allotted 10 minutes to
speak on an item.
Persons wishing to have written or graphic materials included in
the Board agenda packets must submit said material a minimum of 3 weeks
prior to the respective public hearing. In any case, written materials
intended to be considered by the Board shall be submitted to the
appropriate County staff a minimum of seven days prior to the public
hearing. All material used in presentations before the Board will
become a permanent part of the record.
Any person who decides to appeal a decision of the Board will need
a record of the proceedings pertaining thereto and therefore, may need
to ensure that a verbatim record of the proceedings is made, which
record includes the testimony and evidence upon which the appeal is
based.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
TOM HENNING, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: /s/Teri Michaels, Deputy Clerk
(SEAL)
Teri Michaels
To:
Subject:
legals@naplesnews.com
ATTN:GEORGIA
re: Idc-2003-02-cycle 2 (15 day)
to run on monday, 9/22/03
pis confirm receipt of this request...
thanks georgio!
teri michaels
LDC-2003-02-CYCL
E 2(15 DAY)].0-...
LDC-2003-02-Cycle
2-(15 day)10...
Teri Michaels
From:
Sent:
To:
Subject:
postmaster@clerk.collier.fl .us
Wednesday, August 27, 2003 4:08 PM
Teri Michaels
Delivery Status Notification (Relay)
Al-r466390.txt ATTN :GEORGIA
This is an automatically generated belivery Status Notification.
Your message has been successfully relayed to the followin9 recipients, but the requested
delivery status notifications may not be generated by the destination.
legals~naplesnews.com
Teri Michaels
From:
Sent:
To:
Subject:
System Administrator [postmaster@naplesnews.com]
Wednesday, August 27, 2003 4:00 PM
Teri Michaels
Delivered: ATTN:GEORGIA
ATTN :GEORGIA
<<ATTN:GEORG~.A>> Your message
To: legals~naplesnews.com
Subject: A TTN:GEORGIA
Sent: Wed, 27 Aug 2003 16:07:21 -0400
was delivered to the following recipient(s):
legals on Wed, 27 Aug 2003 15:59:31 -0400
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NAPLES DAILY NEWS
Published Daily
Naples, FL 34102
Affidavit of Publication
State of Florida
County of Collier
Before the undersigned they serve as the authority, personally
appeared B. Lamb, who on oath says that they
serve as the Assistant Corporate Secretary of the Naples Daily,
a daily newspaper published at Naples, in Collier County,
Florida; distributed m Collier and Lee counties of Florida; that
the attached copy of the advertising, being a
PUBLIC NOTICE
in the matter of Public Notice
was published in said newspaper 1 time in the issue
on September 22nd, 2003
Affiant further says that the said Naples Daily News is a newspaper
published at Naples, in said Collier County, Florida, and that the said
newspaper has heretofore been continuously published in said Collier
County, Florida; distributed in Collier and Lee counties of Florida,
each day and has been entered as second class mail matter at the post
offic~ in Naples, in said Collier County, Florida, for a period of 1
year next preceding the first publication of the attached copy of
advertisement; and affiant further says thai he has neither paid nor
promised any person, firm or corporation any discount, rebate,
commission or refund for the purpose of securing this adv¢~sement for
publication in the said newspaper.
( Signature of affiant)
Sworn to and subscribed before me
This 23nd day of September ,2003
(Signature of no _tm7 pg~lic}
.¥~. ?~: Harriett Boshong
.-*:¥'~"¥~. M¥COMMISSION # DD234689 EXPtE[~
~2~:~o'.~ 3uh/24, 2007
an InalvlOual to spe~
on behalf of an org~
n zatlon or group Is er~
couraged. If recognlzeo~
by the Chairman,
spokesPerson for a
group or organlzatl.onI
may ge allotted [0 m~n-I
utes to speak on an
tern.
Persons wishing to
have written or graphic
materials included In
the Board agenda pack-
ets must submit said
material a minimum of
weeks prior to the re-I
spectlve public hearing.I
In any cue, written ma-I
terlals Intended to be/
considered by the Board~
- S~-a~T~'-s-U'b ifil ~t ed tOt
the appropriate Count~
staff a minimum of sev.
en days prior to
pubUc nearing. All mai
terlal used in presenta~
tigris before the Boar¢
will become a perma-
nent part of the record.
Any person who decid-
es to appeal a decision
of the Board will need a
record of the proceed-
Ings pertaining thereto
and therefore, may need
to ensure that a verba-
tim record of the pro-
ceedlngs Is made. which
record Includes the tes.
tlmony and evidence
upon which the appea'
is based.
BOARD OF COUNT'
COMMISSIONERS
COLLIER COUNTY,I
FLORIDA
TOM HENNING, CHAIR-I
MAN
DWIGHT E. BROCK,
CLERK
:::;'.
NOTICE OF INTENT
TO CONSIDER
ORDINANCE
Notice is hereby giver
that on WEDNESDAY
oCTOBER 8, 2003 In the
Boardroom, 3rd Floor
Administration Building,
Collier. County Govern-
ment Center, 3301 East
Tamlaml Trail, Naples,
Florida, the Board o!
County Commissioners
will consider the enact-
meat of a County Ordl.
hence. The meeting wi!l
commence at 5:05 P.
~.M
The title of the proposec
Ordinance Is as follows:
AN ORDINANCE AMEND-
lNG ORDINANCE NUM-
BER 91-102, AS AMEND*
ED, THE COLLIER COUN-
TY LAND DEVELOPMENT
CODE, WHICH INCLUDES
THE COMPREHENSIVE
REGULATIONS FOR THE
UNINCORPORATED ARE~
OF COLLIER COUNTY,
FLORIDA, BY PROVlDINGI
FOR: SECTION ONE, RE-~
ClTALS; SECTION TWO,[
FiNDiNGS OF FACT; SEC-I
OF AMENDMENTS
THE LAND DEVELOP-I
MENT CODE, MORE SPEd
CIFICALLY AMENDINGI
THE FOLLOWING: ARTI-I
CLE 1, DIVISION 1.6,
TERPRETATIONS; DIVI-I
SION 1.8, NONCONFOR-
MITIES; ARTICLE 2, DIVI-I
~iON 2.2, ZONING DIS-]
YRICT$, PERMITTEDt
USES, CONDITIONAL/
LtSE~, INCLUDING REV[-|
SION~ TO THE INDUSTR '/
AL ZON1NG DISTRICT, IN-1
CLUDING REVISIONS TO
THE BAYSHORE DRIVE
MIXED USE OVERLAY
DISTRICT, INCLUDING
THE GOODLAND ZONING
OVERLAY DISTRICT~ DI-
VISION 2.4, LANDSCAP'
lNG AND BUFFERING~ DI-
VISION 2.5, SIGNS; DIVI-
SiON 2.6, SUPPLEMEN'
TAL DISTRICT REGULA-
TIONS; DIVISION 2.7,
ZONING ADMINISTRA'~
TION AND PROCEDURES;
ARTICLE 3, DIVISION 3.2,
SUBDIVISIONS; DIVISION
3,3, SITE DEVELOPMENT
PLANS~ AND ARTICLE 6,
DIVISION 6.1, RULES OF
CONSTRUCTION; DWI'
SION 6.3, DEFINITIONS',
APPENDIX B, TYPICAL
STREET SECTIONS AND
RIGHT-OF-WAY DESIGI
STANDARDS; SECTIOI
FOUR, CONFLICT AN
SEVERABILITY; SECTIO
FIVE, INCLUSION IN TH
COLLIER COUNTY LAN
~TT. v' EL G F ~ F-i*~T COP:
AND SECTION SiX, El
FECTIVE DATE.
Copies of the proposed~~
Ordinance are available
for public Inspection in~
the Current planning
Section, Community De-
velopment Servlces~
Center, 2800 N. Horsed
shoe Drive, Naples,[
Florida, between thel
hours of 8:00 A.M. andl
5:00 P.M., Mondayl
through Friday.
NOTE: A Interest
parties are Invited
appear and be heard.
pers.ons wishing
speak on any agen(
Item must register wi
the County admlnlst~
tot prior to presentatl
of the agenda item to
addressed ndlvldt
speakers will be limit
to 5 re_Inures, on
tern Ti!e, selection
COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
To: Clerk to the Board: Please place the following as a:
Normal legal Adve~sem__ent
Other: (Display Adv., location, etc.)XXXXX
Originating Dept/Div: Comm. Dev. Serv./Plannmg Person: ~~--~~- ~..~{~Date: ~/.2- ///O ~
Petition No. (If none, give brief description): LDC-2003-02 Cycle II LDC Amendments
Petitioner: (Name & Address): Planning Services, 2800 Nor, h Horseshoe Drive
Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet)
Hearing before BCC XX BZA Other
Requested Hearing date: 10/8/03 Based on advertisement appearing 5_ days before hearing.
Newspaper(s) to be used: (Complete only if important):
XXX Naples Daily News Other [] Legally Required
Proposed Text: (Include legal description & common location & Size:
AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, AS AMENDED, THE COLLIER COUNTY LAND
DEVELOPMENT CODE, WHICH INCLUbES THE COMPREHENSIVE 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 SPCIFICALLY AMENDING THE FOLLOWING: ARTICLE I, DIVISION 1.6,
INTERPRETATIONS; DIVISION 1.8, NONCONFORMITIES; ARTICLE 2, DMSION 2.2, ZONING DISTRICTS,
PERMITTED USES, CONDITIONAL USES, INCLUDING REVISIONS TO THE INDUSTRIAL ZONING DISTRICT,
INCLUDING REVISIONS TO THE BAYSHORE DRIVE MIXED USE OVERLAY DISTRICT, INCLUDING THE
GOODLAND ZONING OVERLAY DISTRICT; DMSION 2.4, LANDSCAPING AND BUFFERING; DMSION 2.5,
SIGNS; DIVISION 2.6, SUPPLEMENTAL DISTRICT REGULATIONS; DIVISION 2.7, ZONING ADMINISTRATION
AND PROCEDURES; ARTICLE 3, DMSION 3.2, SUBDIVISIONS; DMSION 3.3, SITE DEVELOPMENT PLANS; AND
ARTICLE 6, DIVISION 6.1, RULES OF CONSTRUCTION; DIVISION 6.3, DEFINITIONS; APPENDIX B, TYPICAL
STREET SECTIONS AND RIGHT-OF-WAY DESIGN STANDARDS; SECTION FOUR, CONFLICT AND
SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND
SECTION SIX, EFFEC-"ITVE DATE.
Does Petition Fee include advertising cost? XX Yes [] No If Yes, what account should be charged for advertising costs:
113-138312-649110
Reviewed by: Approved by:
.,-
~l~ivision Head Date - County Manager Date
DISTRIBUTION INSTRUCTIONS
A. For hearings before BCC or BZA: Initiating person to complete one coy and obtain Divilion Head approval before
submitting to County Manager. Note: If legal document il involved, be sure that any necessary legal review, or request
for same, i$ submitted to County Attorney before submitting to County M~mager. The M~mager's office will distribute
copies:
[] County Manager agenda file: to [] Requesting Division [] Original
Clerk's Office
B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file.
FOR CLERK'S OFFICE USE ONLY: ~ ".~ D( ~0~
COLLIER COUNTY GOVERNMENT
Community Development and Environmental Services Division
CURREh P~tI~ Services Department · 2800 North Horseshoe Drive · Naples, Florida 34104
Au§ust 22, 2003
Naples Daily News
1075 Central Avenue
Naples, Florida 33940
ATTENTION: LEGAL ADVERTISING
Dear Ms. Perrell:
Please publish both of the following public notices, each as a separate
advertisement for a Display, t/, page, with map attached, Legal Notice in your
edition of October 3, 2003, and furnish proof of publication of each
advertisement to the Collier County Development Services Building, Current
Planning, 2800 North Horseshoe Drive, Naples, Florida 34104, ,Attention: Cecilia
Martin and PLE,ASE SEND DUPIC,ATE ORIGIN,AL to Patrick G. White, Esquire,
AC.A, Collier County ,Attorneys Office, 2800 North Horseshoe Drive, Naples,
Florida 34104.
October 8, 2003
BCC PUBLIC HEARING
NOTICE OF LAND DEVELOPMENT CODE CHANGE
Notice is hereby given that on October 8, 2003, at 5:05 P.M.,
in the Board of County Commissioners Meeting Room, 3rd Floor,
Harmon Turner Building "F," Collier County Government Center,
3301 East Tamiami Trail, Naples, Florida, the Board of County
Commissioners, proposes to take under advisement amendments to
the Collier County Land Development Code, the title of which is
as follows:
AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, AS AMENDED, THE
COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE
COMPREHENSIVE 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 SPCIFICALLY
AMENDING THE FOLLOWING: ARTICLE 1, DIVISION 1.6, INTERPRETATIONS;
DIVISION 1.8, NONCONFORMITIES; ARTICLE 2, DIVISION 2.2, ZONING
DISTRICTS, PERMITTED USES, CONDITIONAL USES, INCLUDING REVISIONS
C~ o e r C o w . t y
Phone (239) 403-2400 Fax (239) 643-696~; www.collicrgov.net
TO THE INDUSTRIAL ZONING DISTRICT, INCLUDING REVISIONS TO THE
BAYSHORE DRIVE MIXED USE OVERLAY DISTRICT, INCLUDING THE
GOODLAND ZONING OVERLAY DISTRICT; DIVISION 2.4, LANDSCAPING AND
BUFFERING; DIVISION 2.5, SIGNS; DIVISION 2.6, SUPPLEMENTAL DISTRICT
REGULATIONS; DIVISION 2.7, ZONING ADMINISTRATION AND PROCEDURES;
ARTICLE 3, DIVISION 3.2, SUBDIVISIONS; DIVISION 3.3, SITE DEVELOPMENT
PLANS; AND ARTICLE 6, DIVISION 6.1, RULES OF CONSTRUCTION; DIVISION
6.3, DEFINITIONS; APPENDIX B, TYPICAL STREET SECTIONS AND RIGHT-OF-
WAY DESIGN STANDARDS; SECTION FOUR, CONFLICT AND SEVERABILITY;
SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT
CODE; AND SECTION SIX, EFFECTIVE DATE.
Ail interested parties are invited to appear and be heard.
Copies of the proposed ordinance are available for public
inspection in the Current Planning Section, Community
Development Services Center, 2800 N. Horseshoe Drive, Naples,
Florida, between the hours of 8:00 A.M. and 5:00 P.M., Monday
through Friday. Final adoption of the ordinance will be
considered at the October 8, 2003 meeting.
If a person decides to appeal any decision made by the Collier
County Board of County Commissioners with respect to any
matter considered at such meeting or hearing, he will need a
record of the proceedings, and for such purpose he may need to
ensure that a verbatim record of the proceedings is made,
which record includes the testimony and evidence upon which
the appeal is to be based.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
TOM HENNING, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Maureen Kenyon, Deputy Clerk
BCC Ad 2 (5 day)
-2-
August 27, 2003
Attn: Georgia
Naples Daily News
1075 Central Avenue
Naples, Florida 34102
Re: LDC-2003-02-CYCLE 2-(15 DAY)
Dear Georgia:
Please advertise the above referenced notice on Monday, September
22, 2003, and kindly send the Affidavit of Publication, in
duplicate, together with charges involved, to this office.
Thank you.
Sincerely,
Teri Michaels,
Deputy Clerk
P.O./Account # 113-138312-649110
08/27/03 15:3.q FAX 9418438986 COLLIER CO COMMliNITY DEV [~002
ORDINANCE NO. 03-~
AN ORDINANCE AMENDING ORDINANCE
NUMBER 91-102, AS AMENDED, THE COLLIER
COUNTY LAND DEVELOPMENT CODE, WIIICH
INCLUDES THE COMPREHENSIVE
REGULATIONS FOR TIlE UNINCORPORATED
AREA OF COLLIER COUNTY, FLORIDA, BY
PROVIDING FOR: SECTION ONE, RECITALS;
SECTION TWO, FINDINGS OF FACT; SECTION
THREE, ADOPTION OF AMENDMENTS TO TIlE
LAND DEVELOPMENT CODE, MORE
SPECIFICALLY AMENDING THE FOLLOWING:
ARTICLE 1, DIVISION 1.6, INTERPRETATIONS;
DIVISION 1.8, NONCONFORMITIES; ARTICLE
DIVISION 2.2, ZONING DISTRICTS, PERMITTED
USES, CONDITIONAL USES, INCLUDING
REVISIONS TO TIlE INDUSTRIAL ZONING
DISTRICT, INCLUDING REVISIONS TO TIlE
BAYSllORE DRIVE MIXED USE OVERLAY
DISTRICT, INCLUDING THE GOODI,AND ZONING
OVERLAY DISTRICT; DIVISION 2.4,
LANDSCAPING AND BUFFERING; DIVISION 2.5,
SIGNS; DIVISION 2.6, SUPPLEMENTAL DISTRICT
REGULATIONS; DIVISION 2.7, ZONING
ADMINISTRATION AND PROCEDURES; ARTICLE
3, DMSION 3.2, SUBDIVISIONS; DIVISION 3.3,
SITE DEVELOPMENT PLANS; AND ARTICLE 6,
DIVISION 6.1, RULES OF CONSTRUCTION;
DIVISION 6.3, DEFINITIONS; APPENDIX
TYPICAL STREET SECTIONS AND RIGtlT-OF-
WAY DESIGN STANDARDS; SECTION FOUR,
CONFLICT AND SEVERABILITY; SECTION FIVE,
INCLUSION IN THE COLLIER COUNTY LA.ND
DEVELOPMENT CODE; AND SECTION SIX,
EFFECTIVE DATE~
WHEREAS, on October 30, 199 !, the Collier County Board of Counly
Commissioners adopted Ordinance No. 91-102, the Collier County Land
Development Code (hereinafter LDC), which has been subsequently amended; and
WHEREAS, the LDC may not bc amended more than two times in each
calendar year unless additional amendment cycles arc approved by the Collier
County Board of County Commissioners pursuant Io Section 1.19.1., LDC; and
WI IEREAS, this is the second amendment to thc LDC, Ordinance 91-102,
for thc calendar year 2003; and
WHEREAS, on March 18, 1997, the Board of County Commissioners
adopled Resolution 97-177 establishing local requirements and procedures lbr
arnendin$ the LDC; and
Page I of 36
Woxds ........ .-e,-- are deleted, words underlined are added
WItEREAS, all requirements of Resolution 97-177 have been met; and
WItEREAS, the Board of County Commissioners, in a manner prescribed
by law, did hold advertised public hearings on September 10, 2003, and October 8,
2003~ and did take action concerning these amendments to the LDC; and
W}IEREAS, 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
WI-IEREAS, all applicable substantive and procedural requirements of
the law have been met.
NOW, TtlEREFORE BE IT ORDAINED by the Board of County
Commissioners of Collier County, Florida, that:
SECTION ONE: RECITALS
The foregoing recitals are true and correct and incorporated by reference
herein as iffifily set forth.
SECTION TWO: FINDINGS OF FACT
The Board of County Commissioners of Collier County, Florida, hereby
makes the following findings of fact:
1. Collier County, pursuant to Sec. 163.3161, et seq., Fla. Stat., the
Florida Local Government Comprehensive Planning and Land Development
Regulations Act (hereinafter the "Act"), is required to prepare and adopt a
Comprehensive Plan.
2. After adoption of the Comprehensive Plan, the Act and in particular
Sec. 163-3202(1). Fla. Stat., mandates that Collier County adopt land development
regulations that are consistent with and implement the adopted comprehensive
plan.
3. Sec. 163.3201, Fla. Stat., provides that it is the intent of the Act that
the adoption and enforcement by Collier County of land development regulations
¥or the total unincorporated area shall be based on; be related to, and be a means of
implementation for, the adopted Comprehensive Plan as required by the Act.
4. Sec. 163.3194(1)(b), Fla. Stat., requires that all land development
regulations enacted or amended by Collier County be consistent with the adopted
Comprehensive Plan, or element or portion thereof, and any land development
regulations existing at the time of adoption which are not consistent with the
adopted Comprehensive Plan, or element or portion thereof, shall be amended so
as to be consistent.
5. Sec. 163.3202(3), Fla. Stat., states that the Act shall be construed to
encourage the use of innovative land development regulations.
6. On January 10, 1989, Collier County adopted the Collier County
Growth Management Plan (hereinafter the "Growth Management Plan" or "GMP")
as its Comprehensive Plan pursuant to the requirements of Sec. 1634.3 i 61 et seq.
Fla. Stat., and Rule 9J-5, F.A.C.
Page 2 of 35
Words struck thre-'-'gh are deleted, words underlined are added
7. Sec. 163.3194(1 )(a), Fla. Stat., mandates that aller a Comprehensive
Plan, or element or portion thereol; has been adopted in conlbrmity with the Act,
all development undertaken by, and all actions taken in regard to development
orders by, governmental agencies in regard to land covered by such
Comprehensive Plan or element or portion thereof shall be consistent with such
Comprehensive Plan or element or portion thereof.
8. Pursuant to Sec. 163.3194(3)(a), Fla. Stat., a development order or
land development regulation shall be consistent with the Comprehensive Plan il'
thc land uses, densities or intensities, in the Comprehensive Plan and il' it meets all
other criteria enumerated by the local government.
9. Section 163.3194(3)(b). Fla. Stat., requires that a development
approved or undertaken by a local government shall be consistent with the
Comprehensive Plan if the land uses, densities or intensities, capacity or size,
tinting, and other aspects of development are compatible with, and further the
objectives, policies, land uses, densities or intensities in thc Comprehensive Plan
and if it ineets all other criteria enumerated by thc local government.
I 0. On October 30, 1991, Collier County adopted the Collier County
Land Development Code, which became effective on November 13, 1991 and may
be amended twice annually.
11. Collier County finds that the Land Development Code is intended
and necessary to preserve and enhance the present advantages that exist in Collier
County; encourage the most appropriate use of land, water and resources,
consistent with the public interest; overcome present handicaps; and deal
effectively with future problems that may result fi'om the use and development of
land within the total unincorporated are of Collier County and it is intended that
this Land Development Code preserve, promote, protect, aud improve thc public
health, safety, comfort, good order, appearance, convenience, and general wcllhrc
of Collier County; prevent the overcrowding of land and avoid the undue
concentration of population; facilitate the adequate and efficient provision of
transportation, water, sewerage schools, parks, recreational facilities, housing, and
other requirements and services, conserve, develop, utilize, and protect natural
resources within the jurisdiction of Collier County; and protect human,
environmental, social, and economic resources; and maintain through orderly
growth and development, the character and stability of present and future land uses
and development in Collier County.
12. It is the intent of the Board of County Commissioners of Collier
County to implement the Land Development Code in accordance with the
~provisions of the Collier County Comprehensive Plan, Chapter 125, Fla. Stat., and
Chapter 163, Fla. Stat., and through these amendments to the Code.
SECTION THREE: ADOPTION OF AMENDMENTS TO THE LAND
DEVELOPMENT CODE
SUBSECTION 3.A. AMENDMENTS TO DIVISION 1.6.
INTERPRETATIONS
Division 1.6. Interpretations, of Ordinance 91 - 102, as amended, the Col lier County
Land Development Code, is hereby amended to read as lbllows:
DIVISION 1.6 INTERPRETATIONS
Page 3 of 35
Words struck '~' ...... ~-
...... ~.. are deleted, words underlined are added
Sec. 1.6.3. Procedures.
1.6.3. I. S, hmission fi,' requ~sl./br in/erpr~la/ion. [~ePo:'e an hw~rp~'ation s~[be
tbr interpretation sl~all must be submitted to the planning services director or chief building official
("officials"), .,4,;,~,,,,,,,,,,,, ...... k -vv.,--~,~,u'~ m a form established by him Each request musi identity the
specific land development code or building code citation to be interpreted. Each request for
interpretation must be accompanied by the appropriate lke as set forth in the fee resolution adopted
~ the board of county commissioners. ~ ~ ~ .... ~ .......... ~ ~ ' ~ .....
~ed.~ ...... .,,~a P-,~a ~.,~ .t..,~ ...... .~,,~,..[: ..... Under no circumstances may the reques~ for interpretation
contain more than three isstles/guestions. It must not contain a sidle question wifl~ more
fi~ree sub-issues or guestions. [f i~ is determined by the appropriate official flint fi~e reguest
interpretation contains more than three issues, the applicant will be reguired to submit a separate
reguest accompanied bY the applicable fees.
1.6.3.2. Determination gl'completeness. After receipt of a request tbr interpretation has been
,~,; .... ,~,4 the u,~,,,,,,,~ ~ ..... ; .... services ~,,~,~,m .......... or chief bui!d~ offic[a! whichever is app!icabl~
appropriate oflicial must shall determine whether the request is complete. If the ~nning service~
,direclor~ief building o!'fi~!, wMel~qs app!ic~le, appropriate official detcrmn ines thai thc
request is not complete, he Ij!t3fiL~mlt serve a written notice on the applicant specil3,'ing the
dclicicncics. 'Ibc ~)l'ialc ol'licial plam~et~i~di~r-tm~hie~ing o~:fieial,
whkchever is app![cabl~ will shall take no further action on the request fbr interpretation until the
deficiencies are remedied.
SUBSECTION 3.B. AMENDMENTS TO DIVISION 1.8
Division 1.8, Noncontbrming I,ots of Record, of Ordinance 91-102, as
amended, the Collier County Land Development Code, is hereby amended to
read as follows:
DIVISION 1.8. NONCONFORMING LOTS OF RECORD
Sec. 1.8.10. Nonconforming structures.
1.8.10.2.1. Docks and boathouses are not subject to the provisions of Section 1.8.10.2. Docks
and boathouses must be reconstructed to conform to the Code only if the reconstruction of the dock
or boathouse will expand or alter the original nonconforming facility with regard to deck area,
protrusion, setbacks, or the addition of any covered structure, regardless of the percentage of
destruction or repairs performed. The determination of legal nonconforming status will be
established by presentation of a signed, sealed survey, a copy of the Property Appraiser's record, or
other dated photography or documentation showing that the facility existed in its present location
and configuration prior to 1990. Any expansion of the facility, no matter how insignificant will
void legal nonconforming status and require strict compliance to the Code. Improvements that did
not exist prior to the destruction or repair of the dock or boathouse are not allowed and will also
void the legal nonconforming status.
SUBSECTION 3.C
AMENDMENTS TO DIVISION 2.2., ZONING
I)ISTRICTS, PERMITTED USES,
Page 4 of 35
Words str'..'ck through are deleted, words underlined are added
CONDITIONAL USES, DIMENSIONAL
STANI)ARi)S
I)IVISION 2.2., Zoning Districts, i'crmittcd Uses, Conditiolml (;scs,
Dimensional Standards, of Ordinance 91-102, as amended, of the Collier
County Land Development Code, is hereby amended to read as tbllows:
DIVISION 2.2. ZONING DISTRICTS, PERMITTED USES,
CONDITIONAL USES, DIMENSIONAL STANDARDS
Sec. 2.2.16. Industrial District
2.2.16.2.1. Permitted uses.
1. Agricultural services (groups 0711, except that chemical treatment of soil for crops, fertilizer
application for crops and lime spreading tbr crops sba!! must be a minimum of 500 feet fi'om a
residential zoning district, 0721, except that aerial dusting and spraying, disease control for
crops, spraying crops, dusting crops, and insect control for crops (with or without fertilizing)
simll must be a minimum of 500 feet fi'om a residential zoning district, 0722--- 0724, 0761,
0782, 0783).
2. Apparel and other finished products (groups 2311--2399).
3. Automotive repair, service, and parking (groups 7513~7549).
4. Barber shops (group 7241 ).
5. Beauty shops or salons (7231).
6. Building construction (groups 1521--1542).
7. Business services (groups 7312, 7313, 7319, 7334--7336, 7342--7389, including auction
rooms (5999), subject to parking and landscaping for retail use).
8. Communications (groups 4812---4899 including communications towers up to specified
heights, subject to section 2.6.35).
9. Construction-- Special trade contractors (groups 171 I-- 1799).
10. Crematories (726 I).
I I. Depository and nondepository institutions (groups 6011--6163).
12. Eating places (5812).
13. Educational services (8243--8249).
14. Electronic and other electrical equipment (groups 3612--3699).
15. Engineering, accounting, research, management and related services (groups 871 I--8748).
16. Fabricated metal products (groups 3411--3479, 3491--3499).
17. Food and kindred products (groups 2011--2099 except slaughtering plants).
18. Furniture and fixtures (groups 251 i--2599).
19. General aviation airport.
20. Gunsmith shops (groups 7699) .,,:m .............. : ..... : .... ~ ......a~g ~..~ traini~.g except
.............. v .........~ range
21. Heavy construction (groups 1611--1629).
Page 5 of 35
Words struck t~re, ugh are deleted, words underlined are added
22. Health services (801 I accessory to industrial activities conducted on-site only).
23. Industrial and commercial machinery and computer equipment (351 ~-3599~.
24. l~cather and leather products (groups 3131 - 3199).
25. Local and suburban transit (groups 41 I 1----~4173).
26. Lumber and wood products (groups 2426, 2431--2499).
27. Measuring, analyzing, and controlling instruments; photographic, medical and optical goods;
watches and clocks (groups 3812 -3873).
28. Membership organizations (groups 8611,8631).
29. Miscellaneous naanufacturing industries (groups 3911 3999).
30. Miscellaneous repair services (groups 7622----7699) with no associated retail sales.
3 I. Motor Ir'eight transportation and warehousing (groups 4212, 4213--~4225, 4226 except oil and
gas storage, and petroleum and chemical bulk stations).
32. Outdoor storage yards pursuant to the requirements of section 2.2.151/2.6.
33. Paper and allied products (2621--2679).
34. Personal services (groups 721 I --7219).
35. Physical fitness facilities (group 7991).
36. Printing, publishing and allied industries (groups 2711--2796).
37. Railroad transportation (4011, 4013).
38. Real estate brokers and appraisers (653 I).
39. Rubber and miscellaneous plastics products (groups 302 I, 3052, 3053).
40. Shooting range, indoor {group 7999).
40:. 41. Stone, clay, glass, and concrete products (groups 3221, 3251, 3253, 3255--3273, 3275,
3281).
44.42. Textile mill products (groups 2211--2221, 2241--2259, 2273--2289, 2297, 2298).
4&. 43. Transportation equipment (groups 3714, 3716, 3731, 3732, 375 I, 3761,3764, 3769, 3792,
3799).
43.44. Transportation by air (groups 4512 4581).
44.45. Transportation services (groups 4724 4783, 4789 except stockyards).
45. 46. United States Postal services (4311).
4&. 47. Welding repair (7692).
47.48. Wholesale trade--Durable goods (groups 5012--5014, 5021--5049, 5063--5092, 5094--
5099).
49. Wholesale trade--nondurable goods (groups 5111--5159, 518 I, 5 i 82, 5191 except that
wholesale distribution of chemicals, fertilizers, insecticides, and pesticides must be a
minimum of 500 feet from a residential zoning district (5192--5 ! 99).
Sec. 2.2.16. Bayshore Drive Mixed Use Overlay District
2.2.33.22.13. Garages and Driveways.
Page 6 of 35
Words struck through are deleted, words underlined are added
I. The rear setback may be reduced to ten feet ifa front-access garage is constructed on the
rear of the residence.
is 16 feet.
Only one driveway is allowed per 50 linear feet of front property line. The driveway :;hall
have a maximum width of 18 l~et in I1~ rightof way a~ The maximum widtl~ of the
driveway at the righ¢of-way linc is 18 t~et.
4. Other than the permitted driveway, the front yard may not be paved or otherwise used to
accommodate parking
5. Garages shall must be recessed a minimum of three feet behind the front facade of the
primary residence.
6. No carports are permitted.
The distance from the back of the sidewalk to the garage door must be 23 feet to allow
room to park a vehicle on the driveway without parking over the sidewalk. Shonld the
garage be side-loaded there must be a 23-foot paved area on a perpendicular plane to the
garage door or plans must ensure that parked vehicles will not interfere with pedest,'ian
traffic.
Sec. 2.2.34. Goodland Overlay
2.2.34.4. Development criteria. The development criteria and standards for each zoning
district in Goodland as provided for in this Code shall apply for all uses and structures in this
overlay district unless specifically superseded below.
2.2.34.4.1.
subdistrict:
Reserved.
Permitted uses. The lbllowing uses are permitted as of right in this
2.2.34.4.2. Conditional uses. The following uses are permitted as conditional uses in this
subdistrict:
a. Clam nursery, subject to the following restrictions:
I)
A "clam nursery" is defined as the growing of clams on a "raceway" or "flow-
through saltwater system" on the shore of a lot until the clam reaches a size of
approximately one-half inch.
2)
For the purposes of this section, a "raceway" or "flow-through salt water system"
is defined as a piece of plywood or similar material fashioned as a table-like tlow
through system designed to facilitate the growth of clams.
3) At no time may a nurse _ry owner operate a raceway or raceways that exceed a total
of 800 square feet of surface a~:ea.
4) The nursery must meet the requirements of a "minimal impact aquaculture
facility" as defined by the Department of Agriculture.
5) The nursery must not be operated on a vacant lot, unless both of the following
requirements are met:
i. The vacant lot is owned by the same individual who owns a lot with a
residence or habitable structure immediately adjacent to the vacant lot; and
ii. The vacant lot must not be leased to another individual for purposes of
operating a clam farm within the RSF-4 and VR zoning districts.
6) At no time will a nursery owner be allowed to teed the clams, as the clams will be
sustained from nutrients occurring naturalJy in the waler.
7)
Only the property owner or individual in control of the property will be allowed
to operate a raceway on the shore off his property within the VR and RSF-4
Page 7 of 35
Words struck t~rc, ugh are deleted, words underlined are added
zoning districts. In other words, a landowner must not lease his property to
another individual to use for purposes of operating a clam nursery.
8)
Any pump or filtration system used in conjunction with the nursery must meet all
applicable County noise ordinances and must not be more obtrusive than the
average system used lbr a non-commercial pool or shrimp tank.
2.2.31.,I..[:-2.2.34.4.3. Maximum building heighr As provided tbr in the Village Residential
zouing district lk)r each permitted, accessory, and conditional use provided that no residential
building may contain more than two levels of habitable space.
2.2.31.,4.2.2.2.34.4.4. Minimum lot requirements. As provided tbr in tile Village Residential
zoning district for each permitted, accessory, and conditional use except for the lbllowing:
a. Single family/mobile home:
Minimum lot area: 4,275 square feet.
Minimum lot width: 45 feet.
~2.2.34.4.5. Minimum lot requirements. As provided roi' in the residential single Pamily
district (RSF-4) for each permitted, accessory, and conditional use except for the following:
a. Minimum lot area: 5,000 square feet.
b. Minimum lot width: 50 feet.
_2.2.3,1.,I.,!.2.2.34.4.6. Minimum yard requirements. As provided for in tile residential single tinnily
dislrict (RSF-4) for each permitted, accessory, and conditional usecxcept lbr thc follo~,ing:
a. Side yard: Five feet.
2.2.34.5. Parking/storage ~/' major recreational equipmen! an,( per.¥onal
vehiclex, and certain commercial vehicles.
2.2.34.5.1. Within the VR and RSF-4 zoning districts, except for specifically
designated travel trailer subdivisions, boats, trailers, recreational vehicles and
other recreational equipment may be stored in any yard subject to the following
conditions.
No rRecreational equipment sba!! must not be used for living, sleeping, or
housekeeping purposes when parked or stored.
N,o rRecreational vehicles or equipment :;ha!! must not exceed 35 feet in
length.
c. No rRecreational vehicles or equipment s~all must not be parked, stored ~or
encroach in any county right-of-way easement.
d. Recreational vehicles or equipment that exceed 35 feet in length s~al! will be
subject to the provisions of subsection 2.6.7.2 of this Code.
2.2.34.5.2. Personal vehicles may be parked in drainage swales in the VR and RSF-
4 zoning districts subject to the following conditions.
a. No vehicle shall block or impede traffic.
2.2.34.5.3. Commercial vehicles 35 feet in length or less will be allowed to park at
the owner's horne and in the drainage swale subject to the lbllowing conditions:
a. No vehicle shall block or impede traffic;
Page 8 of 35
Words struck t~roug~ are deleted, words underlined are added
b. Drainage must not be blocked or impeded in any way as a result of thc parking
in the swales;
c. Parking will only be permitted in driveways and not in yard areas; and
do
No more than two commercial vehicles may be parked at one residence/site,
unless one or more of the vehicles is engaged in a construction or service
operation on the residence/site where it is parked. The vehicle engaged in this
service must be removed as soon as the construction or service is completed.
For purposes of this subsection only, a commercial vehicle is defined as a van,
pickup truck, or passenger car used for commercial purposes and licensed by the
I)cpartmcnt of Transportation. A vehicle is not considered a commercial vehicle
merely by the display ora business name or other insignia. No other COlnmer0Jal
vehicle, such as dump trucks, cement trucks, forklifts or other equipment used in
the construction industry will be allowed to park at a residence or site overnight
unless specifically approved by the planning services director.
2.2.34.6.2. Parcels located off of Bayshore Drive are allowed to retain any sheds that were
constructed prior to the effective date of the Code. Storage sheds for fishing and boat equipment on
the boat dock parcels offof Bayshore Drive constructed after the effeclive date of the Code arc
permissible ifthezcom IpJy_ with the following requirements:
1. The appropriate building permit must be obtained.
2. Bayshore drive setback: ten feet.
3. Waterfront setback: ten feet.
4. Side yard setback: 0 feet.
5. Maximum size of shed: 144 square feet.
2.2.34.7. Sign requirements. All signs existing as of the effective date of this ordinance in
Goodland are exempt from the requirements of the Collier County sign ordinance (Division
2.5) for five years from the effective date of this ordinance or until the sign is destroycd,
whichever comes first. Any signs constructed after the effective date of the ordinance must
strictly comply with Division 2.5. SiRn maintenance is limited to painting existing signs. All
other maintenance or repairs will void the exemption and require the owner to constrnct a sign
that strictly adheres to Division 2.5. in the event that the owner wishes to have a sign.
SUBSECTION 3.D AMENDMENTS TO DIVISION 2.4.,
LANDSCAPING AND BUFFERING
DIVISION 2.4., Landscaping and Buffering, of Ordinance 91-102, as
amended, of the Collier County Land Development Code, is hereby amended
to read as follows:
DIVISION 2.4. LANDSCAPING AND BUFFERING
Sec. 2.4.3. Procedures.
Page 9 of 35
Words struck through are deleted, words underlined are added
2.4.3.1. Landscape plan required. Prior to the issuance of any preliminary subdivision plat,
final site development plan, or building permit, an applicant whose development is covered by the
requirements of this section shall must submit a landscape plan to the planning services director.
The landscape plan shall nlust be prepared by and beat' the seal of a landscape architect registered
in thc State of Florida. The landscaping required for single-lhmily, two-lhmily, and mobile home
dwelling units shall must be shown on the building permit plot plan. This plan is not required to
bc prepared by and bear the seal o['a landscape architect.
The landscape plan shall must be drawn to a suitable scale, include dimensions, north arrow, date,
title, project owner's name, delineate the existing and proposed parking, vehicular use areas,
buildings, access points, and roadways, show all utility lines or easements, and show tile location
of existing and proposed planting areas and vegetation comrnunities and designate them by species
name. The code-required landscaping shall must be highlighted or indicated on the plan to
differentiate from the applicant's provided landscaping that is in addition to that required by.this
code. Design creativity is encouraged so long as it meets lhe intent of this code. The plan shall
must show the location of permanent vegetation protection devices, such as barricades, curbing,
and tree wells. The plan sba44 must also include a c-baa plant legend indicating graphic plant
symbol, botanical and common name, quantity, height, spread, spacing, native status, drought
tolerance rating (as defined by "Xeriscape Plan Guide I1" published by South Florida Water
Management District, West Palm Beach, FL)and type of mulch. The planshall mnst show tree
and pahn staking details per accepted industry practices and standards. In addition, a tabulation of
tile code-required landscaping indicating the calculations necessary to insure compliance with this
code sba!! must also appear.
Where a nonresidential development/parcel is constructed adiacent to an existing residential
development, perimeter landscape buffers required by Section 2.4.7.4. must be installed prior to
vertical construction of such nonresidential property. Where these buffers are not practicable,
then deviations will be allowed. Practicability may be demonstrated by showing the buffer would
be severely damaged or destroyed during development. The site development plan must clearly
state that this buffer is not practicable. This, among ()tiler factors, will be used by_the,12!a_Bnnin~
services director to determine practicability.
A certificate of occupancy shall must not be issued until approval of landscaping plata and
installation of plants and materials consistent with that approved plan has t~een completed and
inspected by tile county.
2.4.3. I. Landscape plan required. Prior to the issuance of any preliminary subdivision plat,
final site developrnent plan, or building permit, an applicant whose development is covered by the
requirements of this section sba!! must submit a landscape plan to the planning services director.
The landscape plan sba!! must bear the seal of a Landscape Architect registered in the State of
Florida. The landscaping required for single-family, two family, and mobile home dwelling units
sba!! rnust be shown on the building permit plot plan. This plan is not required to bear the seal ora
landscape architect.
The landscape plan sba!! must be drawn to a suitable scale, include dimensions,
north arrow, date, title, project owner's name, delineate the existing and proposed
parking, vehicular use areas, buildings, access points, and roadways, show all
utility lines or easements, and show the location of existing and proposed planting
areas and vegetation communities and designate them by species name. The code-
required landscaping shall must be highlighted or indicated on the plan to
differentiate from the applicant's provided landscaping that is in addition to that
required by this Code. Design creativity is encouraged so long as it meets the
intent of this Code. The plan .shall must show the location of permanent
vegetation protection devices, such as barricades, curbing, and tree wells. The
plan shall must also include a chart plant legend indicating graphic plant symbol,
botanical and common name, quantity, height, spread, spacing, native status,
drought tolerance rating (as defined by "Xeriscape Plan Guide Il" published by
South Florida Water Management District, West Palm Beach, FL) and type of
mulch. The plan shall must show tree and palm staking details per accepted
industry practices and standards. In addition, a tabulation of the code-required
landscaping indicating the calculations necessary to insure compliance with this
Code shall must also appear. A certificate of occupancy .shall must not be issued
until approval of the landscaping plan and installation of plants and materials
consistent with that approved plan has been completed and inspected by the
Page 10 of 35
Words struck thraugh are deleted, words underlined are added
County.
2.4.3.1.1. Pttblic Educational Facilities and Plant, Ancillacy Plant, and AuxillatT
P'acililF.
Essential services including Collier County Public Schools (CCPS) / public
Educational and Ancillary Plants, and other public facility projects developed
]ointly with ('CPS may demonstrate that the intent of this division can bc
effectively accornplished without meeting specific development standards. Thc
applicant rnust request an administrative review of the alternative design, as
outlined in Section 2.4.3.1.1.1. of the code. The deviations are limited to quantity
of plant material and the School district must demonstrate that the deviation is
necessary as a result of an educational program or joint use of the school site with
another public facility or use. '
2.4.3.1.1. i .Procedure.
In addition to the base submittal requirements, applicants shall clearly label the
plan submitted as an "Alternative Landscape Code Plan". This plan shall
reference the deviations on the plan. An applicant must submit a narrative
description identifying the code development standards required by this section
which will be addressed through the alternative approach. The planning services
director will administratively review submittal documents for consistency with the
intent of this division. If the plan is approved through this provision, the
approved deviations must be specifically noted and the basis of the approval must
be stated within the site development plan approval letter. Deviations approved
will be applicable only to the specific design and plan reviewed. Modifications of
an approved design will void the deviation request and require resubmittal to
planning services staff for re-evaluation of the request in the context of the
amended design and plan.
2.4.3.1.1.2. Exemption
An administrative deviation is not required for specific standards relating to placement of plant
materials if the intent of the division can nonetheless be carried out without meeting these
standards. The intent of the division can be demonstrated by detailing a specific health, safety, or
welfare concern as defined by SREF or as may be unique to a specific site or educational program
that would override the need to provide plant materials. A copy of SREF, as may be amended, is
available in the records room in the Community Development and Environmental Services
Division Building.
2.4.3.5. Installation. Prior to the issuance of any certificate of occupancy for a use required to
provide landscaping and irrigation in accordance with this section, all required landscaping and
irrigation shall be installed and in place as set out in the plans approved under subsections 2.4.3. I
and 2.4.3.2. All plant materials must be installed in accordance with accepted landscape practices
in the area and meet the plant material standards conlained in Section 2.4.4. Plant materials sh~ll
be installed in soil conditions that are conducive to the proper growth of the plant material.
Limerock located within planting areas shall be removed and replaced with native or growing
quality soil before planting. A plant's growth habit shall be cmsidered in advance of conflicts
which might arise (i.e. views, signage, overhead power lines, lighting, circulation, etc.). Trees shall
not be placed where they interfere with site drainage, subsurface utilities, or overhead utility lines,
or where they shall require frequent pruning in order to avoid interferences with overhead power
lines. O. Tree and site lighting locations shall be designed so as not to conflict with one
another. Parking lot / site lighting shall not be located in landscape islands with trees and shall be
located a minimum ofl0 12.5 feet from the trunk of a tree. see l!!ustratlan 18 Figure x below).
GRAPHIC Lq?,~AVAILABLE: Figure x: Compatible Tree and Lighting Design
Trees shall not be planted in areas that retain excessive quantities of water or will require excessive
amounts of fill placed over the root system that will affect the health of the tree species. Required
landscaping shall not be placed within easements without written approval from all entities
claiming an interest under said easement.
Page 11 of 35
Words struck throug,h. are deleted, words underlined are added
Site Light Pole (typ.)
////////L,~
COMPATIBLE TREE ANt:) LT6HT'J:N6 bES'r61~
Figure~X Compatible Tree and Lighting Design
Page 11 a
All trees and pahns shall be properly guyed, braced and/or staked, at tile time of planting to ensure
establishment of thc tree or trees and erect growth. Nail staking or other methods Ihat cause
cosmetic or biological damage to the lrcc are prohibited. Trees shall be re-staked within 24 hours
in the event of blow-over or othe,' t:aihu'e of the staking and guying. Staking shall be renloved
bcm'cen six and 12 nlonlhs after installation.
All required landscaping shall be installed in accordance with plans approved under section[s]
2.4.3.1 and 2.4.3.2. Landscaping within a subdivision development shall be guaranteed by' a
subdivision completion bond in accordance with division 3.2 governing the final platting of
subdivision.
All required landscaping shall be maintained in a Ilealthy condition itl perpetuity as per tile
approved building and site plans. Code Enlbrcement ,nay investigate dcliciencies in approved
landscaping and institute corrective action to insure compliance with this Code
2.4.5.4. Green space required in shopping centers and~/keestanding retail establishments with
a./loor area greater than 40,000 squareJber An area that is at least seven percent of thc size of
the vehicular use areas shal! must be developed as green space within the front yard(s) or
courtyards of shopping centers and retail establishments and shall be in addition to the building
perimeter planting area requirements. The courtyardsshall must only be located in areas that are
likely to be used by pedestrians visiting tile shopping center and retail establishment. The seven
percent green space area shall must be in addition to other landscaping requirements of this
division, and may be used to meet the open space requirements (section 26.3.2), and shall must be
labeled "Green Space" on all subdivision and site plans. The interior landscape requirements of
these projects shall be reduced to an amount equal to five percent of the vehicular use area on site.
Green space shall must be considered areas designed for environmental, scenic or noncommercial
recreation purposes and shall be pedestrian-friendly and aesthetically appealing. Green space may
only include the Ibllowing: lawns, mulch, decorative plantings, nonprohibited exotic trees,
walkways within tile interior of the green space area not used for shopping, fountains, manmade
watercourses (but not water retention areas), wooded areas, park benches, site lighting, sculptures,
gazebos, and any other sim ilar items that tile planning services director deenls appropriate. Green
space slmH nlust i,lclude: w;.llkways within tile interior of the green space area not used for
shopping, a mininn, m of one Ibot of park bcuch per 1,000 sqt,arc lbet of building a,'e~lal__!d i__3
minimunl of one tree or pahn foreach 250 square feet ofgreeu space area. The green space area
shall must use existing trees where possible and landscaping credits will be allowed as governed by
table 2.4.4. The green space areas shah must be located in areas that are in close proximity to the
retail shopping area. Benches may also be located in interior landscaped areas and 75 percent of
benches may be located adjacent to the building envelope along paths, walkways and within
arcades or malls.
2.4.5.5. Landscaping required for Division 2.8 buildings over 20,000 square fi, et.
n,,n'~;...,, ,h~ c~u ....~"" require.'nents shall apply.
pedestrian use areas of large ....... .-~ ~..,aa: ..... aco:' ~,,~h landscaping is intended to
,~ e ~ ~ .~ Lc, nc&ce, Ring. The following requirements, '";*~ t~e exception ~r~...ua; ..... ; .....
plantings, will be counted toward the required greenspace and open space requirements of division
2.4. of this Code.
1.2. n:,;,,; .... ~ ....I, 'mn~ ~, ,:--~ ~rp!
-- --e, ........ e, ....................... anti n g, ,Ime.~irt. vehi.c_ular.us¢ ar~as mustb:a
and must ha~ a ~ Dar trunk ~a t~ a heig~ six_~t.
.~.~_ := _X_h_~ firsX__r~f !_a__n__d_scage_d~_!a__n~!o~C.a_t~ :_O~_cs.t Lo. !h~_ _btjil0_jng front and sides must
landscaped with trees, p~tlms, _sh[qb} and groHndcovers and must haven clear [rtl!!k area to a
h. eigl~t 0f seyc~ ('c_eL(see l llust*atio.'~ 47 below).
,--.~, ^ ,u,,-., ,x~ ^ ~, ^ ~, ^ m =. ~,, ....... ;~" ~" Landscaping .......... of Landscape ........
Page 12 of 35
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2.4.6.6. BuildingFeri:nc:cr./bundation planting areas. F!an:ingz. All shopping center, retail,
office, apartments, condominiums, clubhouses and similar usesshalt must provide building
pe~:i:neter foundation planfin~s~ in the amount of-lnn~ ..... square ~ ....... ~ ....... i nnn square .... n .... ten percent
of proposed building ground level floor area. These planting areas s~ must be located adjacenl
Io the_priBmry ~bljE_building Etjtrancq~nd/o~i~A~Sn'y slreel elevat ion and shall nA[~g[ consist of
landscape areas, raised planlers or planter boxes thai are a minimum of J~velgcl wide. These areas
must bc landscaped with trees and/or palms in the amount of one tree or palm equivalent per 250
_s~uare lget; shrubs and ground_ covers other than grass. Water management areas' - s4",~ ...... must not be
a pan of this l~ve foot planting area. Parking lot islands will not count towards this requiremenl
(Ord. No. 96-66, ~ 3.D.; Ord. No. 00-92, ~ 3.B.)
2.4.6.7. Building foundation planting requirements [br non industrial buildings greater lhan
3 stories or 35 [~el in height; and/or Division 2.8 buildings (inc'luding industrial [i'onling m~'tjor
corridors) with a [~)olprint greater than 20, 000 square feet and/or parking garage slrut'lltres.
(a) The minimum width of building foundation planting areas must be measured fi'om the base
of the building and must relate to the adiacent building's vmll height as herein defined as follows:
ddjacent Building's Wall Height:
Building wall height between 35 feet and
50 feet.
Building wall height greater than 50 feet.
Foundation Planting Width'
15 feet.
20 feet.
(b) Trees required by this section must beofan installed size relating to
thc adjacent building's wall height, as defined below:
Building's Wall Height Tree Heighl _Tree Canopy Palm Heighl
(lee() (/be() Spread ([bet) (fee0
35 to 50 14 to 16 7 16
greater than 50 16 to 18 8 2__0_0
2.4.7.2.
Applicabilio,. The buffering and screening shown in table 2.4 shall be required under
this section and shall apply to all new development. Existing landscaping which does
not comply with the provisions of this section shall be brought into conlbrmity to the
maximum extent possible when: the vehicular use area is altered or expanded except
for restriping of lots/drives, the building square footage is changed, or there has been a
discontinuance of use for a period ofgO _6Oconsecutive days or more and a request
an occupational license to resume business is tnade.
2.4.7.3. Standar&. Unless otherwise noted, all standards outlined in section 2.4.4 sba!! apply.
Trees and shrubs s~a!! must be installed at the height specified in section 2.4.4.2.
· ~h~ll
Water management systems, which ...... must include retention and detention areas, swales, and
subsurface installations, shah ~e are permitted within a required buffer provided they are
consistent with accepted engineering and landscaping practice and the following criteria:
I. Water management systems s~al! must not exceed 50 percent of the square footage of any
required side, rear, or front yard landscape buffer.
2. Water management systemss~a!! must not exceed, at any location within the required side,
rear, or front yard landscape buffer, 70 percent of the required buffer width. A mi,nimu:n ,q:'e
,.,;,~ ~,~.~ ~ .... ~ -~+: ....... ~,~ ~.~ ~:.,~:.~.~ ..,h~.~ + ...... n ~edge.~ --~ re ired Required
trees and/or hedges m~st be planted at the top of the berm in a minimum five foot wide 10:1 level
planting area. The remainder of the landscape buffer area must maintain a slope no steeper than or
equal to4:1.
3. Exceptions to these standards may be granted on a case-by-case basis, evaluated on the
following criteria:
Water management systems, in the form of dry retention, may utilize an area greater
than 50 percent of the buffer when existing native vegetation is retained at natural
grade.
Page 13 of 35
Words smack thr,v,',:gh are deleted, words underlined are added
For lots of record 10,000 square feet or less in size, water management areas may utilize an
arcs grcalcr than 50 pcrccnl of tile required side and rear yard buffi2rs. A level planting
area of at least three feet in width shall must be provided in these buffers.
4. Sidewalks and other impervious mess shah must not occupy any part of a required Alternative
A, B, C, or D type buffer, except when:
Driveways and sidewalks are constructed perpendicular to tile buffer and provide
direct access to the parcel.
Parallel meandering sidewalks occupy the buffer and its width is increased by the
equivalent sidewalk width.
A required 15-20 foot wide buffer is reduced to a minimum often feet wide and is
increased by tile five to ten toot equivalent width elsewhere along that buffer.
2.4,7.3. I ~ Natural and manmade bodies of water including retention areas (exceeding
~ 9 ~: .... ;'~ ;;'id[h) ~r all developments subject to Division 2.8.
/. Coq_figuration of water manqg~men[ ar~a$. The shaR~ of ~ manmade body of water,
including relenti~n a~d detention ~gas. ~all must he d~i ned to a car n u a with
approve0 as ~ pag of[he 0e~ign of the bu din& if[he design of the water management area s
2.: ~_atyr_,nj~_nage__nwnt~area.~_w_.itbi~Che /'_rant yar~__~arr2w
are. prpbibJt_.g'~ ~_vi!_hja~thg_ £r~.n:[ .var__4~Jhat:,!j~._ b_e__Lwe_e.n__.._thgp_r~ f_a.=ca~_e_s~:2f o .b_t!j]~j.n:g and a
pt!bljc: on.d__: Driya_!e=_st:[_e_fl,_The~e _n_'_4rro__w_w:_and. _s!ee_~ water
t'_eet or!ess in wiOth._w_jth maximum_., sLop~_o_f_4t_o I.
exceeding 20,000 s_quare:feej, _sac! whi_cb a.r~. o_caJ,~ ~djage!!l[ to a pubic riglm0!:way, shall
must incorporate into overall desigp (?f the project at I~as[ two of thc following items:
of 50 fee~ on center an_d with shaded bench~a minimum of 6 f~et in length or icnic
~..= P_~_g ja_l!v s=h~ad~_ d plaza./_co u rty ar0,_a ri'fin im um__o f_200_~q uarg
f~_~tj_n: ar~_w. Jthbetmh~s_an/clLo[p_icnic tables _a~j_acenl Lo_..lh~
~=a[~ocJy~or retention a re.a~s,
Page 14 of 35
Wordso.. ...... ~,.v ...,,, ~e,,,h are deleted, words underlined are added
o 5o
DO THIS ....
o
o.J i
50-
lO0-- ~-
100
DON'T DO THIS ~'
BODY OF
WATER
SHAPES
Sec. 2.4.7.4. Types of buffers. Within a required buffer strip, the tbllowing
alternative shall be used based on the matrix in table 2.4.
TABLE 2,4 TABLE OF BUFFER REQUIREMENTS BY
LAND USE CLASSIFICATIONS
Adjacent Properties District
Subjec 1 2 3 4 5 6 7 8 9 10 II 12 13 14
t
Proper
ty's
Distric
t/Irlse
Page 15 of 35
Words ....... through are deleted, words underlined are added
I. B B B B B A A A A D A A
Agricu
Itt, re
(A~)
Reside
nlial
RSF)
single-
family
3. A B A N A B B B B * D B C
Reside
ntial
(RMF-
6,
R M F-
12,
RMF-
16)
multif
amily
4. A B A A B B A B B * D B B
Reside
ntial
tourist
(RT)
~. A A B B A B B B B * D B - B
Villag
e
reside
mial
(VR)
6. A B B B B A B B B * D B B B
Mobil
hom~
(Mil)
7. A B B B B B A A A * D B B B
Corem
ercial;~
4~s (C-
l/T,
C-5);
Busine
SS
Park
(BP)
8. A ~ B B B B A A2 A * D B B B
indust
rial2
(I)
9. A B B B B B A A A * D B C
Public
use
(v),
com~
uni~
facili~
(CF),
Golf
Cours
e
Clubh
O~Se,
Ameni
ty
' Cemer
Page 16 of 35
Words struzk through are deleted, words underlined are added
10. * * * * * * * * * * D * * *
Planne
d unit
develo
pment
(PUD)
I I. D D D D D D D D D D - B - D
Vehic
ular
rights-
of-way
12. B B B B B 13 B B B B B A B C
Golf
course
mainte
nance
buildi
n~
13. - B C
Golf
course
14. A C C B B B B B C * D C C I)
Aulom
obile
servic
station
The letter listed under "Adjacent Properties District" shah be i_s the landscape buffer and screening
alternative required. The "-" symbol shall represent that no buffer is required. The PUD district
buffer, due to a variety of differing land uses, is indicated by tile "*" symbol, andshall must be
based on the landscape buffer and screening of the district or use with the most similar types,
densities and intensities of use. Where a conflict exists between the buffering requirements and tile
yard requirements of this Code, the yard requirements of the subject zoning district shall apply.
~Buffering in agriculture (A) districts shall be applicable at the time of sit development plan
(SDP) submittal.
2Industrial (1) zoned property, where abutting industrial (I) zoned property, shall be required to
install a minimum five-foot-wide type A landscape buffer adjacent to the side and rear property
lines. This area shall not be used for water management. In addition, trees may be reduced to
50 feet on center along rear and side perimeter buffers only. This reduction in buff'er width
shall not apply to buffers adjacent to vehicular rights-of-way or nonindustrial zoned property.
~Buffer areas between commercial outparcels located within a shopping center may have a
shared buffer 44~ 15 feet wide. This does not apply to right-of-way buffers.
(iii) Ail of the buildings share a common architectural and landscape theme; and
.....................................................-..~-p...g ..... ~ prcpcr:icm;t
added to cther requ!:'ed inte:'~cr ;'chicular-ase-a~-.aAa~dseapi,~.
p 'Imuing~ c:' perimeter buf!'erin~.
SRefer to section 2.6,28 for automobile service station landscape requirements.
2.4.7.5.
'-Collier County Streetscape Master Plan" and the "Golden Gate CommuniO,
Page 17 of 35
Words sir'ack through are deleted, words underlined are added
Roadwa),.¥ Bcauti[ication_ A/aster Phm." Sit'col corridors identified in '_~Collicr Maplescal~ O0's
County SIrectscape Master Plan" and the "Golden Gate Community Roadways Beautification
_M_~3s_t_¢r~Plan'_.~", including areas withiu the right-oF-way and on required buffers adjacent to thc right-
of-way, shall adhere to the requirem~mts of the '_'Collier Nap[escape 99's County Streetscape
Master Plan" and the "Golden (]ate Community Roadways Beautification Master Plan'~
Notwithstanding the above, for required landscape buffers adjacent to any right-of-way, the
requirements of the '_'Collier County Nap!escape 90's Streetscape Master Plan" and the '*Golden
Gate Community Roadways Beautification Master Plan"shall apply at the time of issuance of any
related subsequent developmenl order including construction plans attendant to the approvalof a
final plat and or a final site development plan. Where the applicationo1' said' ......... c ............ vc Master
Plan standards and requirements is questioned, an official interpretation of the planning services
director pursuant to section 1.6.1 of the Collier County Land Development Code may be
requested. Further, the interpretation of the planning services director may be appealed to the
board of zoning appeals as prescribed by section 1.6.6 of the Land Development Code.
SUBSECTION 3.E AMENDMENTS 'FO DIVISION 2.5. SIGNS
DIVISION 2.5., Signs, of Ordinance 91-1 02, as amended, of the (.;oilier
County Land Development Code, is hereby amended to read as follows:
DIVISION 2.5. SIGNS
Sec. 2.5.5. Permitted signs.
2.5.5.1. Signs within residential zoned districts and as applicable to residential designated portions
of PUD zoned properties.
2.5.5. I.I. Development standards.
I. Maximum allowable height. All signs within residential zoned districts and as applicable to
residential designated portions of PUD zoned properties are limited to a maximum height of eight
feet, or as provided within this Code. Height shall be measured from the lowest centerline grade of
the nearest public or private R.O.W. or easement to the uppermost portion of the sign structure.
2. Minimum setback. All signs within residential zoned districts and as applicable lo residentially
designated portions of PUD zoned properties shall not be located closet' than ten l'eet l'rom the
property linc, unless otherwise noted below or as provided l'or in section 2. I. 13 as determined by
the county roi' safety and operation.
2.5.5.2. Signs within non-residential districts:
2.5.5.2.5.9. Special purpose signs (on-site). Due to the unique and varied nature of the following
uses, additional signs may be required to provide the desired level of service to the public. Special
purpose signs shall be permitted as follows:
2.5.5.2.5.9.1. Time and temperature signs. One time and temperature sign having a surface area
not exceeding 12 square feet shall be permitted at each industrial, commercial or other non-
residentially zoned property. Such signs may be affixed to the structure of a pole or ground sign.
Such sign shall require a building permit.
2.5.5.2.5.9.2. Barber Pole signs. All traditional size (not more than 54 inches in height and not
more than 6 inches in diameter) and style barber poles which contain any illuminated moving or
rotating part may be permitted as a lawful sign if the following and all other a_!212!_i_ca_b~
requirements are met:
I. The barber pole sign is attached to the exterior wall of an establishment providing the services
of a licensed barberl
2. Each such establishment (barbershop, salon, etc.) is limited to only onebarber pole sign.
Page 18 of 35
Words struck through are deleted, words underlined are added
3. No barber pole sign may move or rotate except when the establishment is open and providing,
the services of a licensed barber; and
4. All barber pole signs that illuminate, whether or not they rotate, otherwise comply with sec.
2.5.5.2.5.13. for illuminated signs.
2.5.5.2.5.13. Illuminated signs. All illuminated signs shall have electrical components,
connections, and installations that conform to the National Electrical Code, and all other
applicable federal, state, and local codes and regulations. Further, lighted signs shall: be shielded
in such a manner as to produce no glare, hazard or nuisance to motorists or occupants of adiacent
properties; nor be reflective or phosphorescent; have a steady nonlluctuating or nonundulating
light source.
Sec. 2.5.7. Prohibited signs.
It shall be unlawful to erect, cause to be erected, maintain or cause to be maintained, any sign not
expressly authorized by, or exempted from this Code. The following signs are expressly
prohibited:
2.5.7.1. Signs which are in violation of the building code or electrical code adopted by Collier
County.
2.5.7.2. Abandoned signs.
2.5.7.3. Animated or activated signs, except special purpose time and temperature signs, and
barber pole signs complying with sec. 2.5.5.2.5.9.2.
2.5.7.4. Flashing signs or electronic reader boards.
2.5.7.5. Rotating signs or displays, except barber pole signs complying with sec. 2.5.5.2.5.9 7.
SUBSECTION 3.E AMENDMENTS TO DIVISION 2.6.,
SUPPLEMENTAL DISTRICT REGULATIONS
DIVISION 2.6., Supplemental District Regulations, of Ordinance 91-102,
as amended, of the Collier County Land Development Code, is hereby
amended to read as follows:
DIVISION 2.6. SUPPLEMENTAL DISTRICT REGULATIONS
Sec. 2.6.9. Essential Services
2.6.9. I. Permitted uses. The following uses are allowed as permitted uses:
a. In every zoning district: water lines, sewer lines, gas lines, telephone lines, telephone switchhg
stations, cable television, electrical transmission and distribution lines, substations, emergency
power structures, sewage lift stations, water pumping stations; essential service wells (including
extraction facilities, and requisite ancillary facilities,) and any other wells which have been or will
be permitted by the South Florida Water Management District or the Florida department of
environmental protection either prior to or subsequent to the effective date of this ordinance, or if
the respective well and/or well related facility is otherwise required to be installed or constructed
by law; in every zoning district: individual private wells and septic tanks, and similar installations
necessary roi' the performance of these services. If any proposed wdl is a Collier County owned
well under the permitting jurisdiction of a Florida agency, staff, early in the county's well permit .
application process, shall post sign(s) at the county's proposed well site(s) and shall provide
Page 19 of 35
Words strack t.h. rcugh are deleted, words underlined are added
written notice that the county has applied tbr a required well permit to property owners within 300
feet of ttle property lines of' tile lots or parcels of land on which the appticd-l'or well is being sought
b5' thc Ct)LHlty, including, il' applicable, tile times and places o1' lilt permitting agmcy's scheduled
public hearings;
b. In commercial and industrially zoned districts: other governmental facilities, as defined by this
Code, to the extent the facility or service is required by law, rule or regulation;
c. In the agricultural and estate zoned districts the following governmental lhcilities:
nonresidential not-for-profit child care, nonresidential education facilities, libraries, nlusetlnls,
neighborhood parks, and recreational service facilities; and
d. ltl residentially zoned districts: neighborhood parksL.
2.6.9.2. Conditional uses. The following uses require approval pursuant to section 2.7.5,4_:. as
conditional uses:
a. In every zoning district: electric or gas generating plants, effluent tanks, major re-pt, rap
stations, sewage treatment plants including percolation ponds, hospitals, hospices, water aeration
or treatment plants, governmental facilities;
b. In residential, agricultural and estate zoned districts, except as otherwise specified by section
2.6.9. I regional parks, community parks ...... : ser;.ice e~,.n;,:~.~...,,~o, and other similar facilities;
c. In the residential and estates districts only (excludes the agricultural district): safety service
facilities:
d. In the agricultural district only (excludes the estates): fire stations, EMS substations, sheriff
substations aud ancillary fire station services, such as fire training camps, outside of the area
encompassed by the Rural Lands Stewardship Area Overlay in the Future l.and Use Element,
except as may be limited or prohibited by the Rural Fringe Mixed Use District in the Future l.and
Use Element; and
e. In the agricultural district only: those safety service facilities that are defined by the code and
not specifically listed in paragraph "d." above.
Sec. 2.6. ! I. Fences.
2.6.11.1. Fences in residential districts. Fences or walls shall be allowed in all zoning districts
subject to the restrictions set forth in section[s] 2.6.11.2--2.6.11.5.
2.6. I 1.2. Residential districts. For the purposes of this section, residential districts shall include:
RSF residential single-family; RMF-6, RMF-12, and RMF-16 residential multiple-family; Rtl-
residential tourist; VR village residential; MH mobile home; TTRVC travel trailer-recreational
vehicle park campground; and residential incrernents of PUD residential planned unit development
districts. Fences and walls placed within required yards shall be subject to the following:
2.6.11.2.1. Fences or walls on all lots greater than one acre in area may reach a maximum height
of six lbet.
2.6.11.2.2. For non-waterfront interior lots one acre or less in area, fences or walls may reach a
maximum height of six feet for side and rear yards, but are limited to four feet within the required
front yard.
2.6.11.2.3. For waterfront lots one acre or less in area, height limits are as for non-waterfront lots,
but with the additional restriction that fences or walls within the required rear yard are limited to
four feet.
2.6. I i.2.4. For corner lots one acre or less in area, which by definition have only front yardsand
side yards, fences within required front yards are limited to four feet in height, with the exception
that any portion ora l'¥ont yard fence within the safe sight triangle described in section 3.2.8.3.22.
of this Code is restricled to three feet in height. (Two sides of this lriangle extend 30 feet along tile
property lines from tile point where the right-of-way lines meet, and tile third side is a line
connecting the other two.) Fences within required side yards may reach six feet in height.
2.6.1 !.2.5. Barbed wire, razor wire, spire tips, sharp objects, or electrically charged fences shall
be prohibited, except that the board of zoning appeals may allow the use of barbed wire in
conjunction with chain link fencing for facilities where a security hazardmay exist, such as a
utility substation, sewage treatment plant, or similar use.
Page 20 of 35
Words struc?, t~rc,'agb are deleted, words underlined, are added
2.6.11.3. Agricuhural districts. For the purposes of this section, agricultural districts shall
include: A agricultural; E estates; and CON conservation districts. Fences and walls within
agricultural districts shall be exempt from height and type of construction reqtiirements.
........................................................ tlr OSe.$
~1 ..... 4 ,,~1, 4 .... I~p ....... , 4;~,-:Ct~ a II C ..... or .... ilo JR .......... 1ol ZOlll~g .... , all
t~,~,~v~o..,,.~"~ .... ..u,~oll~ [g ........... ;f14,,o~.[~ll) ..... ......4 parcels .,& ....... ........ i. r ...... ~,,. ~,.,~..:~1 ..... i]~o.... ..... t..
........... CO:~ ' · ......... ~ ................................ , ............................... Code.
~:nenMhal! compl~,kh the'se pr~dons.
~ 2.6.11.4. Industrial Districts. Fences or walls ' . ........ :~,
in ..............and industrial districts
not subject to Division 2.8 shall be limited to eight feet ill height. '
~ 2.6. ! 1.4.1. Wails and fences required contiguous or opposite residentially
zoned districts. Whenever a nonresidential development lies contiguous to or opposite a
residentially zoned district, said nonresidential development shall provide a mason'y wall or
prefabricated concrete wall/fence. If located on a contiguous property, tile wall/fence shall be a
minimum of six feet and a maximum of eight feet in height and shall be located a minimum of six
feet from the residentially zoned district. If on a property opposite a residentially zoned district but
fronting on a local street, or the properties are separated by a platted alley, the wall/fence shall be
located a milfinlum of three feet from the rear of the right-of-way landscape buff'er line and shall be
tbur feet in height. On properties which front on more than one street, a sixdbot high wall/fence
shall be required along the street which is opposite the primary ingress and egress point of the
project along the street frontage which is adjacent to the rear of the project.
At the applicants' request, the planning services director may determine that a masonry wall/fence
is not warranted, particularly where the local street lies contiguous to the rear ora residence or
some other physical separation exists between the residential development and the nonresidential
development, or for other good cause including the existence of a wall on an adjacent residential
development. The applicant shall demonstrate that the intent of this section can be effectivdy
accomplished, without constructing a wall, by submitting for tile approval an alternative design,
and a descriptive narrative through the administrative variance process set forth in subsection
2.6. I 1.5.7. of this Code. 'File planning services director will review tile submitted documents Ibr
consistency with the intent of this section and, il'the administrative variance is approved the fact of
the approval and basis for it shall be stated m the site development plan approval letter.
Vegetative plantings shall be located external to the wall/fence such that 50 percent of the
wall/fence is screened within one year of the installation of said vegetative material. An irrigation
system shall be installed to insure the continued viability of the vegetative scram.
These regulations shall not be construed to require a masonry wall/fence for commercial
development fronting oil an arterial or collector roadway where the opposite side of such roadway
is zoned residential or to be otherwise inconsistent with the provisions of section 2.8.2 of this
Code.
A wall/fence shall be constructed following site plan approval but prior to any vertical construction
or any other type of improvement resulting from the issuance ora building permit. Special
circumstances may warrant constructing the wall/fence in phases depending upon the location of
affected residential areas and after vertical construction commences.
2.6.11.5. All districts. Whenever a property owner elects to erect a chain link fence pursuant to
the provisions of section 2.6.11 adjacent to an arterial/collector road in the urban coastal area said
fence shall not be located nearer than three feet to the right-of-way/property line, and said fence
shall be screened from view by planting a vegetative hedge a mininum of 30 inches in height at
planting spaced at a distance that will achieve an opacity rating of 80 percent within one year of
planting. An irrigation system shall be installed to insure the continued viability of the vegetative
hedge as a visual screen of the chain link fence. This regulation shall not apply to single family
homes.
1. Structures subject to Division 2. 8 Architectural & Site Design Standards shall comply wilh the
following additional fencing standards:
a. Chain link and wood fences are prohibited forward of the primary Ihq:ade and must bca
minimum of I00 feet from a public right-of-way. Chain link and wood fencing facing a public or
priwitc Sll'eel shall be screened wilh all irrigated hedge planted directly ill li'onl of thc I~llCC on IJle
street side. Plant material shall be a minimum of 3 gallon in size and planted ilo more than 3 feet
on center at lime of installation. This plant material shall be maintained at no less than three
quarters of the height of the adjacent fence (See Iliustraticn 6.1).
Page 21 of 35
Words struck through are deleted, words underlined are added
b. Fences forward of the primary fagade, excluding chain link and wood are permitted trader the
following conditions:
[D I:cnccs shall not exceed 4 feet in heit~ht.
(2)The fence provides either an open view at a minimum of 25 percent of its length or provides
variation in its height for a minimum of 15 percent of its length with a deviation of at least 12
inches.
(3) The fence style must complement building style through material, color and design.
(INCLUDE ILLUSTRATION 6.1)
2.6.11.5.1. All fences and walls shall be of sound constrnction and shall not detract from thc
public health, sal'cty and welfare of the general public.
2.6.1 !.5.2. All fences and walls shall be maintained in a manner that will not detract from the
neighborhood or community.
2.6. ! !.5.3. Barbed wire is authorized within agricultural, commercial and industrial districts.
Razor or concertina wire is not permitted except in the case of an institution whose purpose it is to
incarcerate individuals, i.e., a jail or penitentiary, or by appeal to the board of zoning appeals.
2.6.11.5.4. No fence or wall within any district shall block the view of passing motorists or
pedestrians so as to constitute a hazard.
2.6.11.5.5. Fences and walls shall be constructed ofconventioml building materials such as, but
not limited to concrete block, brick, wood, decorative iron or steel, and chain link.
2.6.11.5.6. Fences and walls shall be constructed to present the finished side of the fence or wall
to the adjoining lot or any abulling right-of-way. Where due to the presence of an existing fence or
wall or continuous landscape hedge on the adjoining parcel, this provision may be administratively
waived where said request has been requested in writing.
2.6.11.5.7. When determined to be beneficial to the health, safety, and welfare of the public, tile
planning services director may approve an ad~ninistrative variance from height limitations of
fences and walls in all districts provided that at least one health, safety, or welfare stmflard
peculiar to the property is identified, and that such approval does not set an unwanted precedent by
addressing a generic problem more properly corrected by an amendment to this Code.
2.6.1 !.5.8. Existing ground levels shall not be altered for thepurpose of increasing the height ora
proposed wall or fence except as provided for within section 2.6.11.5.7 and division 2.4.
2.6. I i.6. Fence height measurement for all districts. The height of a fence or wall located
outside of the building line shall be measured from the ground level at the fence location.
However, il'the development services director determines that ground levels have been altered so
as to provide lbr a higher fence, the development services director shall determine the grot, nd level
for the purposes of measuring the fence height. In determining whether the ground level has been
altered for the purposes of increasing the height of the fence, the development services director
may consider, but is not limited to consideration of, the fallowing facts:
2.6.11.6.1. General ground elevation of the entire lot.
2.6.11.6.2. in the case ora lot with varying ground elevations, the average elevation over the
length of the fence, and at points in the vicinity of the fence.
2.6.11.6.3. The ground elevation on both sides of the fence. In measuring the fence height, tile
ground elevation on the side of the fence location that is at the lowest elevation shall be used as a
point from which the fence height is to be measured.
2.6.11.6.4. Fences or walls shall be permitted principal uses; however a fence or wall shall not, in
any way, constitute a use or structure, which permits, requires and/or provides for any accessory
uses and/or structures.
(Ord. No. 92-73, sS 2; Ord. No. 94-27, § 3; Ord. No. 99-46, § 3.D.; Ord. No. 00-92, SS 3.D.; Ord.
No. 02-3, SS 3.E.)
SUBSECTION 3.F
AMENDMENTS TO DIVISION 2.7., ZONING
ADMINISTRATION AND PROCEDURES
Page 22 of 35
Words struck t~rm:gh are deleted, words underlined are added
Illustration 6.1
Supp. No. 9 LDC2:272
DIVISION 2.7., Zoning Administration and Procedures, of Ordinance 91-
102, as amended, of the Collier County Land Development Code, is hereby
amended to read as follows:
DIVISION 2.7. ZONING Al)MINISTRATION AND PROCEI)IIRES
Sec. 2.7.2. Amendment Procedures.
2.7.2.3.5. Public participation requirements for rezoni,gs, PUD amendments, conditional
uses, varia,ces or parMng exemptions.
1. Applicants requesting a rezoning, PUD amendment, or conditional use approval shall must
conduct at least one public Neighborhood Informational Meeting ("N IM") after initial staff' review
and comment of the application and before the Public Hearing is scheduled with the Planning
Commission. The appropriate number of staff reviews of tile application returned before the NlM
can be held, will be at lhe discretion of the current planning manager, only in cases where one or
two pending reviews are unnecessarily hindering the applicant from presenting the proposal to the
public, at;~er a ~,~ w-r.,,~ ............... ~ .......... pr:or
planning .~z:':'ices~.~..,,4 ........... ..,.,,.. Written notice of the meeting shall be sent to all property owners
who are required to receive legal notification from the county pursuant to section 2.7.2,3.2.
Notification shall also be sent to property owners, condominium and civic associations whose
members are impacted by the proposed land use changes and who have formally requested the
count), to be notified. A list of such organizations sba!! must be provided and maintained by the
county, but the applicant shall must bear the responsibility of insuring that all parties are notified.
A copy of the list of all parties noticed as required above, and the date, time, and location of the
meeting, shall must be furnished to the planning services department and the office of the board of
county commissioners no less than ten days prior to the scheduled date of the public intbrmational
meeting. The applicant shall must make arrangements for the location of tile meeting. Thc Iocatiou
slmuld must be reasonably convenient to those property owners who are required to receive notice
and the facilities sha~ musl be of sufficient size to accommodate expected attendance. The
applicant sh'.d! must further cause a display advertisement, one-fourth page, in type no smaller than
447, 12 point and shah must not be placed in that portion of the newspaper where legal notices and
classified advertisements appear stating the purpose, location, and time of the meeting, and
legible site location map of the property for which the zoning change is being requested. The
advertisement is to be placed within a newspaper of general circulation in the county at least seven
days prior to, but not sooner than ten days before, the pahlic neighborhood informational meeting.
The Collier County staff planner assigned to attend the pre-application meeting, or designee, sba!!
must also attend the public informational meeting and shall serve as the facilitator of the meeting,
however, the applicant is expected to make a presentation of how it intends to develop the subject
property. The applicant is required to audio or video tape the proceedings of the meeting and to
provide a copy of same to the planning services department.
2. As a result of mandated meetings with the public, any commitments made by the applicant
must be reduced to writing and made a part of the record of the proceedings provided to the
planning services department. These written commitments will be made a part of the staff report to
the county's appropriate review and approval bodies and made a part of the consideration for
inclusion in the conditions of approval of any applicable development approval order.
3.3 Any applicant requesting variance approval or parking exemption approval ,shall must.
provide documentation to the planning services department indicating that property owners within
150 feet of the subject site have been advised of the extent and nature of the variance or parking
exemption requested within 30 days of receipt of a letter indicating that the application is
sufficient, un.~.~.. ,,~,~ ,.;' .,.~h~ ~.~.~,, ~.~...,,,.~`4~'~"~'~ .~.~..... ,~. ~.~ .,,~. ~ is a v. ~.~, .., ....... , ............. ~ .................
.......... v ....................................... ~....~ ~ ..... ...~ ~. prope~3 .......... ~......o. homeown:r o~
-~---;-" services ~v .............. v ................................... advertised
4. Where it has been determined that there is a property owner, functioning condominium or civic
association who has made formal request of the county to be notified; then the applicant must
Page 23 of 35
Words str'.'-ck through are deleted, words underlined are added
provide written documentation to the planning services department indicating that such property
owner or organization has also been notified concerning the extent and nature of the variance or
parking exemption requested. The applicant must provide a written account of the result of such
noticing and shall submit any and all written communications to the planning services department.
A list of property owners, homeowner or condominium associations notified and any other written
communications must be submitted to the planning services department al least two weeks l~!'jor_t~
the scheduled date of the first advertised public hearing.
Sec, 2.7,3. Planned unit development (PUD) procedures.
2.7.3.6. Monitoring requirements. In order to ensure and verify that approved project densities
or intensities of land will not be exceeded and that development commitments will be fidfillcd,
annual monitoring reports shall must be submitted by the developer/owner or authorized agent of a
PUD to the development services director. The monitoring report shall must be in the form of an
affidavit and be executed by the property owner(s) or their authorized agent and be submitted
annually, on each anniversary of the date said PUD was approved by the board until the PUD is
completely constructed and all commitments in the PUD document/master plan are met. The
monitoring report shall must provide the following information:
1. Name of project.
2. Name of owner, developer.
3. Number of units, by residential type; square footage and acreage of recreational facilities,
commercial and other permitted uses; infrastructure and/or other uses wl~ich are complete of [or]
for which a valid permit has been issued, but which have not been completed.
4. Up-to-date PUD master plan showing infrastructure, projects/developments, plats, parcels and
other pertinent information.
5. Traffic counts for all access points to the major highway network.
6. Copies of all required monitoring reports completed in the past year (i.e,, traffic, wellfield,
etc.).
7. Up-to-date PUD document which includes al! approved amendments.
8. Status of commitments in PUD document.
9. Other information as may be required by the development services director.
Sec. 2.7.7. Affordable housing density bonus.
2.7.7.2. Affordable housing density bonus program.
2.7.7.2. l. Overview. Within most of the coastal urban designated areas identified on the future
land use map of the growth management plan, a base density of four residential dwelling units per
gross acre is permitted. However, the base density may be adjusted depending on the
characteristics of the development. One characteristic of a housing development which would
allow the addition of density bonuses in order to increase the density over the base density is the
provision of affordable housing in the development. The provision of affordable housing units
may add up to eight dwelling units per gross acre to the base density of four residential dwelling
units per gross acre, for a total of 12 residential dwelling units per gross acre, plus any other
density bonuses available, and minus any density reduction for traffic congestion er c~astdl
Page 24 of 35
Words struck t~re, ugh are deleted, words underlined are added
managen:ent area required, pursuant to the growth management plan:; The total elit~ible density
must not m exceed a total of 16 dwelling units per gross acre, except as allowed through use of
transfer of development rights, as provided for in the growth management plan
Within most of the lmmokalee Urban area, as identified on the hnmokalee area master plan future
land use map of the growth management plan, basedensities are lbur or six or eight residential
dwelling units per gross acre. However, tile base density may be adjusted depending on the
characteristics of the development. One characteristic of a housing development that would allow
the addition of density bonuses is the provision of affordable housing in the development. Thc
provision of aflbrdable housing milts may add tip to eight dwelling units per gross acre to the base
density of four, six or eight residential dwelling units per gross acre, for a t)tal of twelve, lburteen
or sixteen residential dwelling units per gross acre, plus any other density bonuses available. The
total eligible density must not exceed a total of 16 dwelling units per gross acre.
Within the Rural Lands Stewardship Area Overlay of the Agricultural/Rural area, as identified on
the future land use map of the growth management plan, towns, villages, hamlets and compact
rural developments are allowed at a density range of one-half to four dwelling units per gros's acre.
The allowed density may be adjusted depending on the characteristics of the development. One
characteristic of a housing development that would allow the addition of density bonuses is the
provision of affordable housing in the development. The provision of aflbrchble housing units
may add tip to eight dwelling units per gross acre to the allowed density of onohalf to four
dwelling units per gross acre, for a total of eight and one-half to twelve and one-half residential
dwelling units per gross acre, plus any other density bonuses available.
2.7.7.2.3. Preapplication conference. Prior to submitting an application for AHDB, a
preapplication conference may be scheduled with the development services director. If the
proposed development is to include aflbrdable housing, the housing and urban improvement
director 'si:a!! must participate in the preapplication conference. The preapplication conference
provides an opportunity to familiarize the applicant with the AHDB program and provides an
opportunity tbr the county staff to obtain a clear understanding of the proposed development. The
AllDB rating system, the Al-IDB monitoring program, the limitations, criteria, procedures,
standard conditions, standard forms, and other information will be discussed and made available to '
the applicant. Depending on the type of development proposed, the application may take tl~e l~rm
^c ^~ be combined with; an application for a planned unit developlnent (PUD), a rezone, or aa
............ v ....... agreement a Stewardship Receiving Area.
2.7.7.2.4. Application. An application for AHDB for a development shall must. be submitted to
the development services director in the form established by the development services director.
One additional copy of the application as otherwise required s!m!! must be provided lbr the
housing and urban improvement director. The application sba!! must, at a minimmn, include:
I. Zoning districts proposed by the applicant, if any, on the property and acreage of each;
6. Whether the AHDB is requested in conjunction with an application for a planned unit
development (PUD), an application for rezoning, or an application for a Stewardship Receiving
Area or ~ ^ t~rm development ......... ~
7. Any other information which would reasonably be needed to address the request for AHDB for
the development pursuant to the requirements set forth in this section.
2.7.7.2.6. Review and recommendation by the housing and urban improvement director. After
receipt of a completed application for AHDB, the housing and urban improvement director shall
must review and evaluate the application in light of the AHDB rating system, the AHDB
monitoring program and the requirements of this division,,.,~,~-'~ ,,~c -~,~,.,~,~,_.~'~ The housing and
urban improvement director s?.a!! must coordinate a rezone, with the development services director;
and to schedule the AHDB application with the companion application for rezoning, planned unit
development or stewardship receiving area, and s.h. aI! must recommend to the planning commission
and the board of county commissioners to deny, grant, or grant with conditions, the AHDB
application. The recommendation of the housing and urban improvement director slmll must
include a report in support of his recommendation.
2.7.7.2.7. Review and recommendation by the planning commixsion. Upon receipt by the
planning commission of the application for AHDB and the written recommendation and report of
the housing and urban improvement director, the planning commission sba!! must schedule and
hold a properly advertised and duly noticed public hearing on the application. If the application
has been submitted in conjunction with an application for a PUD, then the hearing slmll must be
consolidated and made a part of the public hearing on the application lbr the PUD bel-bre the
planning commission, and the planning commission s~a!! must consider the application for AHDB
in conjunction with the application for the PUD. If the application has been submitted in
conjunction with an application for a rezoning, then the hearing s~all must be consolidated and
made a part of the public hearing on the application for rezoning before the planning commissiofl,
Page 25 of 35
Words str'ac!z through are deleted, words underlined are added
and the planning commission shah must consider the application for AHDB in conjunction with
tile application Ibr rezoning. If tile application has been submitted in conjtmction with an
application for a stewardship receiving area, then the hearing must be consolidated and made a pan
of the public hearing on the application for stewardship receiving area before the planning
commission, and the planning commission must consider the application lbr AtlDB in conjunction
wid~ the application for stewardship receivin~ area. In the event that the app!~catbn !bt Al [DE hag
fi~e application for AHDE shall nonetheless be treated as a rezo:dng on the prope:%' and shall
..... v,] ............ ~ ............... a :'ezon:ng, as .... ~ ~ *~ requirements of this section. After the
close of the public hearing, the planning commission shall must review and evaluate the
application in light of the requirements of this division and the requirements for a rezoning, P[ID
rezoning, or stewardship receiving area, as applicab~ and ~ must recommend to the board of
county commissioners that the application be denied, granted or granted with conditions.
use or '" ...... : ...... h~ ppli (i.~.,
....... , .... , ............. requirements of '~; .... ';~- ;- ~; .... r ,,,:m *h,,
2.7.7.2.8. Review and determinalion by board of counO, commissioners. Upon receipt by the
board of county commissioners of the application for AHDB and the written recommendation and
report of the housing and urban improvement director and recommendation of the planning
commission, the board of county commissioners shall must schedule and hold a properly
advertised and duly noticed public hearing on the application. If the application has been
submitted in conjunction with an application for a planned unit development (PUD), then the
hearing ssa!! must be consolidated and made a pan of the public hearing on the application tbr the
planned unit development (PUD) before the board of county commissioners, and the board of
county commissioners s~a!! must consider the application ~br AHDB in conjunction with the
application tbr the planned unit development (PUD). if the application has been submitted in
con.junction with an application for a rezoning, then the hearing shall must be consolidated and'
made a pan of the public hearing on the application for rezoning before the board of county
commissioners, and the board of county commissioners shall must consider the application lbr
AHDB in conjunction with the application for rezoning, l~the application has been submitted in
conjunction wid~ an application for a stewardship receiving area, then the hearing must be
consolidated and made a pan of the public hearing on the application t~r stewardship receiving
area before the board of county commissioners, and the board of county commissioners must
consider the application tbr AHDB in conjunction with the application for stewardship receiving
.~y ............................................... as a .........~ ....... prcp~y. .........
:,. ,. ......; ......,~ r ....... ; ........ u ~ ,~ r~qu~r~m~:ts ~'":~ section. A~er the close of
the public hearing, the board of county commissioners shall must review and evaluate the
application in light of the requirements of this division and the requirements for a rezoning, and
shall must deny, grant, or grant with conditions, the application in accordance with the AHDB
rating system and the AHDB monitoring program. However, ~fth~ application for Al IDB doe'; not
....... ~ ....... prope: .... require a
SUBSECTION 3.G AMENDMENTS TO DIVISION 3.2.
SUBDIVISIONS
DIVISION 3.2., Subdivisions, of Ordinance 91-102, as amended, of the
Collier County Land Development Code, is hereby amended to read as
follows:
DIVISION 3.2. SUBDIVISIONS
Sec. 3.2.8. Improvement Plans.
Page 26 of 35
Words struck thmggh are deleted, words underlined are added
3.2..¥.4t16 S/feets. The street layout ol'all subdivisions or developments shall bc coordinated
with tile street systems of the surrounding areas. Adjacent properties shall be provifled witl~ local
street mterconnections unless topography, other natural features or other ordinances/regulations do
not allow or require said connections. All arterial or collector streets slmll be planned to conform
to the Collier County comprehensive plm. Collector and arterial streets within a development shall
not have individual residential driveway connections. Their location and right-of-way cross section
must be reviewed and approved by the county transportation services division during the
preliminary subdivision plat review process. All subdivisions shall provide rights, of-way in
con£ormance with the comprehensive plan and the right-of-way cross section contained in
appendix B. All streets shall be designed and constructed to provide for optimum xehicular and
pedestrian safety, long service life and low cost of maintenance.
1. Street access. Every subdivision or development shall have legal and adequate access to'a street
dedicated for public use and which has been accepted tbr maintenance by or dedi:ated to the State
of Florida or Collier County, as described in LDC, section 3.2.8.3. I. When a subdivision or
development does not immediately adjoin such a street, the applicant shall provide access to the
development from a dedicated street in accordance with these regulations and provide legal
docmnentation that access is available to the project site. All lots within a subdivision or
development shall be provided legal access to a street dedicated for public use.
2. /Idjoining or proposed adjoining street systems. The arrangement of streets in subdivisions or
developments may be required to make provision for the continuation of existing or proposed
collector or arterial streets to and from adjoining properties, whether developed or undeveloped,
and tbr their proper projection to ensure a coordinated and integrated street system per
requirements of the growth management plan, this Code or other ordinances and regulations.
Where a subdivision or development abuts an existing or proposed public arterial or cdlector
street, buffering shall be required per division 2.4.
3. Local streets. Use of local streets by cut through traffic shall be discouraged, using methods
(like traffic calming) that do not compromise connectivity or reduce the number of access points 0
the subdivision.
4. Traffic anal),sis. If the proposed land development or subdivision will generate traffic voh. mes
in excess of 1,000 ADT (average daily trips) or 100 vehicles per hour, peak hour/peak season,
whichever is more restrictive, then a trafficanalysis, prepared by a professional engineer, shall be
provided by the developer.
The analysis shall show the impact on the proposed internal streets of the subdivision or
development and existing externally affected streets. The analysis shall be used t~ determine the
street classification, width and number of traffic lanes internal to the development and any
requirements for off-site (external) improvements on the existing street system per the Collier
County growth management plan.
5. Street right-of-way width. The minimum right-of-way widths to be utilized shall be as follows
and, where applicable, shall be clarified by the cross sections contained in appendix B. and will be
directly related to traffic volume as indicated in the definition of each street continued herein and
where applicable clarified by the cross sections contained in appendix B. Private street right-of-
way widths and design may be determined on a cas~by-case basis in accordance with section
3.2.7.2.
Street Type (feet)
All Streets
Cul-de-sac
Local
Minor
collector
Minor
collector
(divided)
Major
collector or
miuor
arterial*
60
6O
80
80--100
As determined for
median and turn lanes
R/W Width* Number of
Lane Width (feet)
lanes
2 10
2 10
2 11--12
2 11--12
4 I I--12
Page 27 of 35
Words str'--'cl: t~roug~ are deleted, words underlined are added
Note: Any rural cross sections approved may require expanded right-of-way widths for additional
shoulder and swale facilities. Design to be approved on a case-by-case basis.
*If an alley is utilized, the right-of-way width may be reduced upon approval of the transportation
services administrator.
6. Dead-endstreets. Dead-end streets shall be prohibited except when designed as a cul-de-sac.
When a street is designed to be extended when the adjacent property is developed, a temporary
cul-de-sac and right-of-way shall be designed. Culs-de-sac in excess of 1,000 feet shall not be
permitted unless existing topographical conditions or other natural features preclude a street layout
to avoid longer culs-de-sac. When conflicts occur between the design standards of this division and
Collier County Ordinance [No.] 86-54, the County Fire Protection Code, or its successor ordinance
[sce Code ch. 58, art. Ill], the standards of this division shall take precedence.
Culs-de-sac shall have a minimum 40-foot pavement radius (to back of valley gutter) and 60-foot
right-of-way radius. If islands are to be installed within a cul-de-sac, they shall have a minimum
45-lbot outside edge of pavement and an inside edge of pavement radius of no greater than 25 feet
(See Figure 4 below).
Graphic Unavailable (Figure 4)
7. Curbs/valle): gutter. All streets shall be provided with valley gutter or curbs to provide
drainage. Curbs shall be required at street intersections and for those areas requiring additional
vehicular protection. All required intersection curbs shall extend ten feet beyond the radius.
8. Intersection radii. Street intersections shall be provided with a minimum of a 25-foot radius
(edge of pavement) tbr local or cul-de-sac streets and 40-foot radius lbr collector, arterial and
commercial/industrial streets. If two local or cul-de-sac streets intersect at less than 90 degrees, a
radius of greater than 30 feet may be required. Intersection right-of-way lines shall be provided
with no less than a 25-1hot radius, or as approved by the community development and
environmental services administrator.
All intersections shall be provided with ramps where sidewalks are required.
9. huersections and street jogs. Wherever feasible, streets shall be arranged so as to intersect at
right angles. Two streets shall not intersect at an angle less than 60 degrees. When an intersection
occurs on a curve, it should be made radially at the point of intersection, with a minimum 751hot
tangent measured from intersecting centerlines. All local cross streets or stop steels should
provide a minimum 50-foot tangent measured t¥om intersecting centerline. Any proposed deviation
to the tangent requirements must be supported by design calculations submitted by the applicant's
professional engineer. The calculations must be based on the roadway speed limit and the Florida
Department of Transportation "Green Book" standards for degree of curvature. Streets classified
higher than local shall be provided with appropriately larger tangents, supported by design
calculations.
Street jogs, at intersections, shall be prohibited, in no case shall intersections be located closer
than 100 feet apart, as measured between closest right-of-way lines. The use of the 100-foot
intersection separation criteria shall be used only when a traffic inpact analysis indicated that
neither intersection will require turn lanes or signalization.
Intersections of more than two streets shall be subject to the approval of the community
development and environmental services administrator.
10. Reverse curves. Tangents shall be provided for all streets, between reverse curves, according to
the following, unless otherwise approved by the community development and environmental
services division administrator pursuant to section 3~2.7.2.
Street Classification Tangent (Minimum)
(feet)
Cul-de-sac 25
Local 50
Minor collector/commercial/industrial 75
All other streets 100
11. Construction in muck or clay areas. The design of street proposed in excessive muck areas
shall be considered on an individual basis and may, where so directed by the developmeut services
director, require the use of under drains. Alternate methods of construction may be considered by
the development services director based on a design study, containing soil testing data, and
recommendations prepared by a geotechnical engineer licensed to practice in the State of Florida
and supported by the applicant's professional engineer.
Page 28 of 35
Words strt:ck thr~,ug~ are deleted, words underlined are added
Supp. No. 13
Cul-de--oa, Detail
Not. to SaMe
Fisure 4
LDC3:50.1
12. Materials. Streets shall include a stabilized subgrade, base and wearing surface in accordance
with standards designated by the development services director and as shown in the typical
sections.
a. Subgrade tmdshoulders. All subgrade and shoulders shall be stabilized to a depth of 12
inches and to the full width as shown on tile typical section drawing. The stabilized area sh,'ll be
fi'ee of muck, roots and other objectionable material. The subgrade and shoulders shall be
stabilized and compacted to obtain the minimum limerock bearing ratio (LBR) of 40 LBR and at
least 98 percent of maximum density as determined by AAS}tTO T180. [ the bearing value of the
natural soil is less than that specified, the subgrade and shoulders shall be stabilized in accordance
with section 160 of the Florida Department of Transportation Standard Specifications for Road
and Bridge Construction (latest edition thereoO. The construction of the subgrade and shoulders
shall generally conform to sections 160-8 and 160-9 of the Florida Department of Transportation
Standard Specifications for Road and Bridge Construction (latest edition thereof).
b. Base. The base shall be compacted limerock constructed to the thickness specified in the
typical section drawing for the class and type o£road to be constructed, and shall be built to the
specified width and centered on the subgrade. Limerock used for the base shallmeet the standard
specifications for grade no. 2 limerock and shall be compacted to obtain at least 98 percent
maximum density as determined by AASHTO TI80. Construction and materials of the base shall
con f btm to sections 200 and 911 of Florida Department of Transportation Standard Specifications
for Road and Bridge Construction (latest edition thereof). Alternate base courses that meet FDOT
specifications may be considered and approved by the development services director.
c. Prime. The base shall be primed with type RC-70 bituminous material of SS-1 (asphalt
emulsion) and shall comply with section 27¢2 of the standard Florida department of transportation
specifications.
d. Surface course. The surface course thickness and width shall be as specified in the t3pical
section drawings. The processing of the mixture and construction o£the surface course shall
comply with sections 320, 330 and 332 of the standard Florida department of transportation
specifications.
e. Grass. All areas within the right-of-way not receiving the surface course shall receive seed,
fertilizer and mulch in accordance wilh sections 570,981,982 and 983 of the standard Florida
department of transportation specifications. Where sod is specified by thc development services
director for erosion control, it shall be installed prior to preliminary acceptance of the roadway.
f. Maintenance. The applicant shall be responsible for maintenance of the roads for the period
between preliminary and final acceptance as specified herein. This includes workmar~hip,
materials, and all repairs and maintenance.
g. Testing. The applicant shall have the subgrade and shoulders tested for compaction and
limerock bearing ratio (LBR) at intervals set forth in the latest edition of the Florida Department of
Transportation Standard Specifications for Road and Bridge Construction or as directed by the
development services director. The subgrade and base shall be tested for compaction by a certified
engineering testing laboratory. Prior It) acceptance by the county, a copy of he lest results along
with a statement of compliance issued by tile testing laboratory, shall be furnished to tile
development services director.
h. Inspection. During construction, a field inspection shall be made by the development
services director. It is the applicant's responsibility to provide written notice to the development
services director when construction is ready for inspection.
i. Signs. The developer shall provide and install traffic control signs, street name and speed
limit signs. All signs shall be of noncorrosive, reflective material construction or of a type
approved by the development services director.
One double-sided street name sign of standard design as prescribed by current county standards
shall be provided at each intersection for each named street unless otherwise approved by the
development services director pursuant to section 3.2.7.2. A street sign shall be placed at a point
eight feet from the edge of pavement on a radial line that bisects the intersection radius curve
unless otherwise approved by the development services director pursuant to section 3.2.7.2. All
signs shall be designated on the construction plans prior to their approval by the development
services director.
j. Pm,ement striping. All work shall be in accordance with section 71 i of the Florida
Department of Transportation Standard Specifications for Road and Bridge Construction (latest
edition Ihcreot).
13. Ahernative types of pavement, base and subgrade. Alternate types of pavement, base and
subgrade determined by the .development services director and/or the transportation services
Page 29 of 35
Words struck t,h, roug~ are deleted, words underlined are added
administrator to be equivalent to those specified in this division may be approved. Application for
such approval shall be accompanied by written data, calculations and analysis which show, I~,
generally accepted engineering principles, that the alternate types are equal or superior to those
specified.
14.Street grades. Street grades shall be determined ill relation to the drainage facilities for the
subdivision and shall not exceed four percent nor be less than 0.3 percent, unless otherwise
approved by the development services director pursuant to section 3.2.7.2. Street grades shall be
shown on the development plans by direction and percent of fall on the road profiles.
15.Swales. Swales shall not be permitted within the right-of-way in lieu of curbs or valley gutters
unless tile provision tbr a rural section specified in section 3.2.8.3, Required improvements, is
justified. Swales may be permitted to convey rear yard drainage and to collect street d'ainage.
16. Marginal access streets. Where a subdivision or development abuts or contains existing limited
access highway, freeway or arterial street, and if access is desired to adjoining property other than
street connections, a marginal access street to ~dtbrd separation of throt,gh and local traffic ~ay be
required by the development services director.
17. HaIfslreels. Half or partial streets shall not be permitted except where essential to the
reasonable development of a property in conformance with the circulation plan, comprehensive
plan or these regulations and where, in addition, dedication of the remaining part of the required
street right-of-way is provided. Whenever a property to be developed borders on an existing hall'
or partial street, the other part of the street shall be required to be dedicated and constructed within
such property. A proposed development or subdivision that adjoins or includes an existing street
which does not conform to the minimum righ[of-way requirements of these regulationsshall
provide for tile dedication of additional right-of-way along either one or both sides of said street so
that the minimum right-of-way requirements of these regulations shall be established.
18. Limited access strips. Limited access strips controlling access to streets on adjacent parcels
shall be prohibited except where approved by the development services director pursuant to
section 3.2.7.2.
19. Clearance and height. At least 17 feet of nominal clearance shall be provided over the full
width of public streets, private streets, fire lanes, and other means of vehicular access. Overhead
public utilities may require a greater height and will be evaluated on a case by case basis.
20. Pavement samples. The developer shall provide core samples of both the base course and
surface course of the completed public and private roadways prior to preliminary approval. The
core samples shall be taken at a maximum of 300 feet intervals and arrangements shall be made to
immediately replace the areas so removed with materials andconstruction to conform to the
specifications and to the line and grade of the immediate surroundings' pavement surface. The core
samples shall be taken by an approved testing laboratory and/or professional engineer and certified
as to location and thickness measured.
A tolerance of one-quarter inch for pavement surface and one-half inch for base course may be
accepted. Any deviations more than these tolerances will result in withholding preliminary
acceptance until such time that the pavement is broughtup to county standards.
21. Sidewalk parking. The distance from the back of the sidewalk to the garage door must be 23
feet to allow room to park a vehicle on the driveway without parking over the sidewalk. Should
the garage be side-loaded there must be a 23-foot paved area on a perpendicular plane to the
garage door or plans must ensure that parked vehicles will not interfere with pedestrian traffic.
SUBSECTION 3.H AMENDMENTS TO DIVISION 3.3., SITE
DEVELOPMENT PLANS
DIVISION 3.3., Site Development Plans, of Ordinance 91-102, as
amended, of the Collier County Land Development Code, is hereby amended
to read as follows:
DIVISION 3.3. SITE DEVELOPMENT PLANS
Page 30 of 35
Words struck throug~ are deleted, words underlined are added
Sec. 3.3.7. Site development plan review (SDP) procedures.
3.3.7.1.9. Infi'astructure improvements plans. Detailed on-site and off:site infrastructure
improvement plans and construction documents prepared in conformance with tile design
slandards o1' division 3.2 and any current county ordinances, regulations, ~licies and procedures
which consist off but are not limited to, the following items:
I. A cover sheet setting forth the development name, applicant name, name of engineering firm,
and vicinity map.
2. Improvements for water and sewer service as needed or as ~ray have been specified during a
preliminary site development plan review prepared in conformance with Collier County Ordinance
No. 88-76, as amended.
3. Improvements for roadway, motor vehicle and norvmotorized circulation, ingress and egress,
parking and other transportation needs, including traffic calming devices, required or as may have
been specified during the preliminary site development plan review, prepared in conformance with
section 3.2.8.4 subdivision design requirements (for purposes of this reqtirement, all references in
section 3.2.8.4 to "subdivision" should be read to mean development, where applicable and
appropriate).
4. Non-motorized circulation is defined as movement by persons on foot, bicycle or other
human-powered device. Non-motorized circulation depicting sidewalks and bicycle facilities
consistent with sections 2.8.3.4. and 3.2.8.
5. The absence of obstructions in the public right-of-way shall be demonstrated, including
provisions lbr sal'e and convenient street crossing. Sidewalks and bile paths al intersections shall
continue to the edge of curb as depicted by Illustrations 1 and 2.
GRAPHIC LINK (not available): Illustration 1
6. Two curb ramps shall be provided for sidewalks and bike paths at each street corner of an
intersection. Curb ramps shall be a minimum of 36 inches in width and shall not rise at a ratio
greater than as outlined by the Florida accessibility code for building construction.
GRAPHIC LINK (not available): Illustration 2
Crosswalks shall be required at any intersection where the distance to the nearest crosswalk is
greater than 1,000 feet.
&7. Improvements for water management purposes as needed or as may have been specified
during the preliminary site development plan review, prepared in conformance with section 3.28.4
subdivision design requirements (for purposes of this requirement, all references in section 3.2.8.4
to "subdivision" should be read to mean development, where applicable and appropriate), and
pursuant to South Florida Water Management District rules, chapter 40E-4, 40E-40 and 40E-4 I,
Florida Administrative Code.
-7-:.8. All necessary standard and special details associated with sections 3.3.6.2.9.2. through
3.3.6.2.9.6. above.
g:.9. Written technical specifications for all infrastructure improvements t~ be performed.
~10. Engineering design computations and reports for water, sewer, roads and water management
facilities, as required by federal, state and local laws and regulations.
40. II. Topographical map of the property which shall include the folbwing:
a. Existing features, such as, watercourses, drainage ditches, lakes, marshes.
b. Existing contours or representative ground elevations at spot locations and a minimum
of 50 feet beyond the property line.
c. Benchmark locations and elevations (NGVD).
~ 12. Site clearing plan and method of vegetation disposal.
4~.13. Sidewal~', bike lanes and bikepaths. For all projects required to be developed through the.
site development plan (SDP) process, the developer shall be required to construct sidewalks or
Page 31 of 35
Words str~:zk thrzug!~ are deleted, words underlined are added
mustration I
Supp. No. 9 LDC3:73
Illustration 2
bikepaths, and bike lanes where applicable, as described below, unless otherwise exempted from
the subdivision regulations of this Code. Sidewalks or bikepaths, and bike lanes shall be
constructed contiguous to public and private roadways which are a4jacent toand internal to the
site, in conformance with thc l'~llowing criteria:
a. Sidewalks, six feet in width, or bikepaths seven feet in width shall be provided on both
sides of collector and arterial streets.
b. Sidewalks, or bike paths, five feet in width, shall be provided on both sides of local
streets excepl as follows:
(I). Where a cul-de-sac or dead-end street exists within an approved single-family residential
subdivision, and where the developer of such snbdivision was granted an exemption to the
subdivision regulations to allow a sidewalk on one side, the same exemption shall then apply to
any new abutting singlo-family residential subdivision which extends the dead-end street or cul-de-
sac to no more than 1,000 feet.
c. Bike lanes shall be provided on both sides of any street classified higher than a local
street (i.e. collector, arterial).
d. All sidewalks, bikepaths and bike lanes along public and private roadways shall be
constructed in accordance with design specifications identified in section 3.2.8.4.14. and division
2.8 of this Code.
e. Alternative designs for sidewalks, bike lanes, and bikepaths in developments adjacent
to public or private roadways may be provided, subject to approval by the community development
and environmental services division aclninistrator and may utilize, but not be limited to the
following criteria:
( I ). A design that reflects the land use density and intensity of the development along the street
or cul-de-sac.
(2). A design that reflects the expected traffic volumeson the street or cul-de-sac.
(3). A design that does not create a safety hazard caused by vehicles parked across the sidewalk
or directs pedestrians or cyclists into high traffic areas.
(4). A design that does not encourage additional landscape ,rea due to clearing for the
installation, aesthetic softening or additional landscape, additional softening of unnatural linear
concrete strips, or similar features.
(5). A design that reflects the expected demographics of the development, including tut not
limited to considerations such as the expected amount of school age children and active adults.
(6). A design that reflects reduced speed streets and culs-de-sac.
(7). A design that reflects the expected amount of utilization by joggers, ualkers and cyclists.
(8). A design that reflects the character of the development, i.e., golf course/country club
community, affordable housing, private gated communities.
(9). Criteria pursuant to the provisions of section 3.2.7.2. of this Code.
f. Developments that provide an internal bikepath system, which functions primarily for
transportation purposes, not recreation, and which connects with existing public bicycle paths or
bike lanes may be exempt from the sidewalk/bikepath requirement. The cmnty's transportation
services division administrator may grant such an exemption if the alternative system functionally
operates equal to the standards of the county bikeway system, interconnects with the existing or
proposed county bikeway system and wil be perpetually open to the public.
g. Developments providing interconnections to existing and future developments
pursuant to the density rating system section of the Collier County growth management plan future
land use element, shall include sufficient fight-of-way to accommodate the roadway, sidewalks,
bike lanes or bikepaths, and bike lanes, where required. Bikepaths, bike lanes and sidewalks shall
be constructed concurrently with the roadway interconnection.
h. Where planned right-of-way improvements scheduled in the county's capital
improvements program (CIP) would cause the removal of any sidewalks/bikepaths or bike lanes
required by this Code within two fiscal years following the liscal year in which the first building
permit for the project is issued, the developer, in lieu of construction of the required
sidewalks/bikepaths and bike lanes, shall provide funds for the cost ofsidewaik/bikepath and bike
lane construction and deposit the same into a fund approved by the transportation services director,
Page 32 of 35
Words struck through are deleted, words underlined are added
or his designee, for future construction of required sidewalks/bikepaths and bike lanes, by the
county.
4~.14. Completion of site development plans. Upon completion of the infrastructure improvements
associated with a site development plan, and prior to the issuance of a certificate of occupancy, the
engineer shall provide a completion certificate as to the improvements, together [with] all
applicable items referenced in section 3.2.6.5.3 of this Code. Upon a satisfactory inspeclion of the
improvements, a certificate of occupancy may then be issued.
15. Sidewalk parking. The distance from the back of the sidewalk to the garage door must be 2~
feet to allow room to park a vehicle on the driveway without parking over the sidewalk. Should
the garage be side-loaded there must be a 23-foot paved area on a perpendicular plane to the
garaae door or plans must ensure that parked vehicles will not interfere with pedestrian traffic.
SUBSECTION 3.I
AMENDMENTS TO DIVISION 6.1., RULES OF
CONSTRUCTION
DIVISION 6.1., Rules of Construction, of Ordinance 91-102, as amended,
of the Collier County Land Development Code, is hereby amended to read as
follows:
DIVISION 6.1. RULES OF CONSTRUCTION
Sec. 6.1.43. Day.
The we, rd "day" shall mean a calendar da:,', The word "day" will be construed to mean business
day when action is required by either the applicant or the County, unless expressly stated
ptherwise.
Sec. 6.1.34. Computation of ts'me "business day".
business day is any day other than a Saturday, Sunday or Countcrecognized holiday. The first
business day shall be excluded from the computation for action, but eve~ other business day shall
be included.
SUBSECTION 3.J
AMENDMENTS TO DIVISION 6.3.,
DEFINITIONS
DIVISION 6.3., Definitions, of Ordinance 91-102, as amended, of the
Collier County Land Development Code, is hereby amended to read as
follows:
DIVISION 6.3. DEFINITIONS
Ad/acent (applicable to School Board Review issues on/),): Lying near or adioining
Page 33 of 35
Words struck through are deleted, words underlined are added
A ncillatT plant: The building, site and site improvements necessary to provide such facilities as
vehicle maintenance, warehouses, maintenance, or administrative buildings necessary to provide
support services to an educational program.
Auxiliary/bcilitv: The spaces located at educational plants which are not designed lbr student
occupation stations.
Compatibility review: A review pursuant to the Architectural and Site Design Standards contained
within the Division 2.8 of the Land Development Code (LDC) in effect at the time SBR l.ettcs of
Compliance are requested and that pertains to issues of compatibility with surrounding uses,
complimentary patterns of development and mitigation of negative impacts. The Compatibility
Review will be limited to compatibility issues, external sidewaks and pathway connections,
lighting, dumpster location and screening, and orientation of buildings and ancillary facilities.
Consistency Review: A review process whereby the County will determine prior to the School
Board's acquisition of property whether such property is consistent with the locational criter,ia of
the Growth Management Plan's Future Land Use Element and Map, Golden Gate Area Master
Plan and Immokalee Area Master Plan, and whether the plant or facility is a permitted use,
conditional use or prohibited use in the zoning district on the site, pursuant to the 1996 lnterlocal
Agreement.
Educational Facilities: The buildings and equipment, structures, and special educational use areas
that are built, installed, or established to serve primarily the educational purposes and secondarily
the social and recreational purposes of the community and which may lawfully be used as
authorized by the Florida Statutes and approved by the Collier County School Board.
Educational Plant: The educational facilities, site and site improvements necessary to
accommodate students, faculty, administrators, staff, and the activities of the educational program
of each plant.
Fire station: The building(s) and site of a government establishment primarily engaged in
firefighting, used to house fire tracks and other emergency vehicles, firefighting equipment and '
apparatus, firefighters, and support/administrative staff.
Fire station services, ancillary: Fire protection activities imperative to carry out the purposes of a
government establishment primarily engaged in firefighting, such as fire training camps, but which
is not required to be located at a fire station for that fire station to serve its function. However,
services designed to repair any firefighting equipnent is not an ancillary fire station service.
Locational Criteria: The land use categories established in the Growth Management Plan's Future
Land Use Element and Map, Golden Gate Area Master Plan and Immokalee Area Master Plan.
School Board Review ("SBR,): The site development plan review process for School Board
projects as outlined in the 2003 lnterlocal Agreement.
State Requirements for Educational Facilities ("SREF"): The Florida Department of Education
State Requirements for Educational Facilities, effective 1999, as amended.
! 996 lnterlocal Agreement: the lnterlocal Agreement between the Collier County School Board
and Collier Coun _ty as recorded in Official Record Book 2207, Pages 1729 et seq., which bears an
effective date of June 25, 1996.
2003 Interlocal Agreement: the Interlocal Agreement between the Collier Coun _ty School Board
and Collier Coun _ty as recorded in Official Record Book 3228, Page 2989 et seq., which bears an
effective date of February 28, 2003.
SUBSECTION 3.K AMENDMENTS TO APPENDIX B, TYPICAL
STREET SECTIONS AND RIGHT-OF-WAY
DESIGN STANDARDS
APPENDIX B, Typical Street Sections and Right-of-Way Design
Standards, of Ordinance 91 - 102, as amended, of the Collier County Land
Development Code, is hereby amended to read as tbllows:
Page 34 of 35
Words struck tl~mugh are deleted, words underlined are added
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SECTION FOUR: CONFLICT AND SEVERABILITY
In the event this Ordinance conflicts with any other Ordinance of Collier County or
other applicable law, the more restrictive shall apply. If any phrase or portion of this
Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such
portion shall be deemed a separate, distinct and independent provision and such holding
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 relettered to accomplish such, and the word "ordinance" may be changed to
"section", "article", or any other appropriate word.
SECTION SIX: EFFECTIVE DATES
This Ordinance shall become effective upon filing with the Secretary of State,.
PASSED AND DULY ADOPTED by the Board of County Commissioners of
Collier County, Florida, this
day of ,2003.
ATTEST:
DWIGHT E. BROCK, CLERK
COMMISSIONERS
BOARD OF COUNTY
OF COLLIER COUNTY, FLORIDA
By:
D~puty Clerk
By:
TOM HENNING, CHAIRMAN
Approved as to form and
legal sufficiency:
Patrick G. White
Assistant County Attorney
Page 35 of 36
Words struck through are deleted, words underlined are added
August 26, 2003
Attn: Pam Perrell
Naples Daily News
1075 Central Avenue
Naples, Florida 34102
Re: LDC-2003-02-CYCLE 2-(5 DAY)
Dear Pam:
Please advertise the above referenced notice and map (which I have
faxed to you) on Thursday, October 2, 2003. This advertisement
should be no less than one-quarter page and the headline in the
advertisement should be in a type no smaller than 18 point. The
advertisement should not be placed in that portion of the
newspaper where legal notices and classified advertisements
appear.
Kindly send the Affidavit of Publication, in duplicate, together
with charges involved, to this office.
Thank you.
Sincerely,
Teri Michaels,
Deputy Clerk
P.O./Account # 113-138312-649110
NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that on WEDNESDAY, OCTOBER 8, 2003, in the
Boardroom, 3rd Floor, Administration Building, Collier County
Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board
of County Commissioners will consider the enactment of a County
Ordinance. The meeting will commence at 5:05 P.M. The title of the
proposed Ordinance is as follows:
AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, AS AMENDED, THE
COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE
COMPREHENSIVE REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER
COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE, RECITALS; SECTION
TWO, FINDINGS OF FACT: SECTION THREE, ADOPTION OF AMENDMENTS TO
THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE
FOLLOWING: ARTICLE 1, DIVISION 1.6, INTERPRETATIONS; DIVISION 1.8,
NONCONFORMITIES; ARITCLE 2, DIVISION 2.2, ZONING DISTRICTS,
PERMITTED USES, CONDITIONAL USES, INCLUDING REVISIONS TO THE
INDUSTRIAL ZONING DISTRICT, INCLUDING REVISIONS TO THE BAYSHORE
DRIVE MIXED USE OVERLAY DISTRICT, INCLUDING THE GOODLAND ZONING
OVERLAY DISTRICT; DIVISION 2.4, LANDSCAPING AND BUFFERING;
DIVISION 2.5, SIGNS; DIVISION 2.6, SUPPLEMENTAL DISTRICT
REGULATIONS; DIVISION 2.7, ZONING ADMINISTRATION AND PROCEDURES;
ARTICLE 3, DIVISION 3.2, SUBDIVISIONS; DIVISION 3.3, SITE
DEVELOPMENT PLANS; AND ARTICLE 6, DIVISION 6.1, RULES OF
CONSTRUCTION; DIVISION 6.3, DEFINITIONS; APPENDIX B, TYPICAL
STREET SECTIONS AND RIGHT-OF-WAY DESIGN STANDARDS; SECTION FOUR,
CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER
COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE.
Copies of the proposed Ordinance are available for public inspection in
the Current Planning Section, Community Development Services Center,
2800 N. Horseshoe Drive, Naples, Florida, between the hours of 8:00
A.M. and 5:00 P.M., Monday through Friday.
NOTE: Ail interested parties are invited to appear and be heard. Ail
persons wishing to speak on any agenda item must register with the
County administrator prior to presentation of the agenda item to be
addressed. Individual speakers will be limited to 5 minutes on any
item. The selection of an individual to speak on behalf of an
organization or group is encouraged. If recognized by the Chairman, a
spokesperson for a group or organization may be allotted 10 minutes to
speak on an item.
Persons wishing to have written or graphic materials included in
the Board agenda packets must submit said material a minimum of 3 weeks
prior to the respective public hearing. In any case, written materials
intended to be considered by the Board shall be submitted to the
appropriate County staff a minimum of seven days prior to the public
hearing. All material used in presentations before the Board will
become a permanent part of the record.
Any person who decides to appeal a decision of the Board will need
a record of the proceedings pertaining thereto and therefore, may need
to ensure that a verbatim record of the proceedings is made, which
record includes the testimony and evidence upon which the appeal is
based.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
TOM HENNING, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: /s/Teri Michaels, Deputy Clerk
(SEAL)
0
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0
FAX
TO:
PAM PERRELL
LOCATION:
Naples Daily News
FAX NO.: (239) 263-4703
COMMENTS: ~ "'-~0..,,~- ~
FROM:
LOCATION:
FAX NO:
Board Minutes & Records
COLLIER COUNTY COURTHOUSE
(239) 774-8408
PHONE NO: (239) 774-8406
DATE SENT: ~/! ~/2003
TIME SENT:
# OF PAGES:
(Including cover)
Teri Michaels
To:
Subject:
paperrell@naplesnews.com
DISPLAY AD-ATTN:PAM
hey para
re: Idc-2003-02-cycle 2 (5 day) display ad
to run thur. 10/2/03
i just faxed you the map
pis confirm receipt of this request ....
thanks!
t~ri michaels
LDC-2003-02~CYCL
E 2(5 DAY)10-8...
LDC-2003-02-Cycle
2-(5 day)10-..,
Teri Michaels
From:
Sent:
To:
Subject:
postmaster@clerk.collier.fl .us
Wednesday, August 27, 2003 2:41 PM
Teri Michaels
Delivery Status Notification (Relay)
A'l-r465777.txt
DISPLAY AD-A-FFN:
PAM
This is an automatically generated Delivery Status Notification.
Your message has been successfully relayed to the following recipients, but the requested
delivery status notifications may not be generated by the destination.
paper tell ~ naples news. co m
Teri Michaels
From:
Sent:
To:
Subject:
System Administrator [postmaster@naplesnews.com]
Wednesday, August 27, 2003 2:33 PM
Teri Michaels
Delivered: DISPLAY AD-ATTN:PAM
DISPLAY AD-ATI-N:
PAM
<<DISPLAY AD-ATTN:PAM>> Your message
To: paperrell~naplesnews.com
Subject: DISPLAY AD-ATTN:PAM
Sent: Wed, 27 Aug 2003 14:40:43 -0400
was delivered to the following recipient(s):
Perrell, Pamela on Wed, 27 Aug 2003 14:32:52 -0400
NAPLES DAILY NEWS
Published Daily
Naples, FL 34102
Affidavit of Publication
State of Florida
County of Collier
Before the undersigned they serve as the authority, personally
appeared B. Lamb, who on oath says that they
serve as the Assistant Corporate Secretary of the Naples Daily,
a daily newspaper published at Naples, in Collier County,
Florida; distributed in Collier and Lee count/es of Florida; that
thc aRached copy of the advertising, being a
PUBLIC NOTICE
in the matter of PUBLIC NOTICE
was published in said newspaper 1 time in the issue
on October 2, 2003
Affiant further s~ys that the s&id Naples Daily News is a newspaper
published at Naples, in said Collier County, Florida, and that the said
newspaper has heretofore been continuously published in said Collier
Count>', Florida; dislributed in Collier and Lee counties of Florida.
each day and has been entered as second class mail matter at the post
office in Naples, in said Collier County, Florida, for a period of 1
year next preceding the first publication of the attached copy of
advertisement; and affiant fin'ther says that he has neither paid nor
promised aay person, finn or corporation any discount, rebate,
commission or refund for the purpose of securing this advertisement for
publication in the said newspaper.
( signa(ure of af[iant)
Sworn to and subscribed before me
This 2nd day of October 2003
(Signature of no-tary public)
...... I~011-CE-O-F-iNTENT TO CONSIDER ORDINANCE
Notice is hereby given that on WEDNEI~OA¥. OCTOBER 8. 2003. in the Boardroom, 3rd Floor,
Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Rodda, the Board of
County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 5:05
.RM. The title of the proposed Ordinance is as follows: ~ .
AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, AS AMENDED, THE COLLIER
COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE
REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA,
BY PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FAC~.
SECTION THREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE,
MORE SPECIFICALLY AMENDING THE FOLLOWING: ARTICLE 1, DIVISION 1.6,
INTERPRETATIONS; DIVISION 1.8, NONCONFORMITIES; ARITCLE 2, DIVISION 2,2,
ZONING DISTRICTS, PERMITTED USES, CONDmONAL USES, INCLUDING REVISIONS
TO THE INDUSTRIAL ZONING DISTRICT, INCLUDING REVISIONS TO THE BAYSHORE
DRIVE MIXED USE OVERLAY DISTRICT, INCLUDING THE GOODLAND ZONING OVERLAY
DISTRICT;, DIVISION 2.4, LANDSCAPING AND BUFFERING; DIVISION 2.5, SIGNS;' '
DIVISION 2.6, SUPPLEMENTAL DISTRICT REGULATIONS; DIVISION 2.7, ZONING
ADMINISTRATION AND PROCEDURES; ARTICLE 3, DIVISION 3.2, SUBDIVISIONS;
DIVISION 3.3, SITE DEVELOPMENT PLANS; AND ARTICLE 6, DIVISION 6.1, RULES
OF CONSTRUCTION; DIVISION 6.3, DEFINITIONS; APPENDIX B, TYPICAL STREET
. SECTIONS AND RIGHT-OF-WAY DESIGN STANDARDS; SECTION FOUR, CONFLICT
AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND
DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE.
Copies of the proposed Ordinance are available for'public inspection in the Current Planning Section, Community
Development Services Center, 2800 N. Horseshoe Ddve, Naples, Florida, between the hours of 8:00 A.M. and 5:
O0 P.M., Monday through Fdday.
NOTE: All interested parties are invited to appear and be heard. Ali persons wishing to speak on any agenda item
must register with the County adminisb'ator odor to presentaUon of the agenda item to be addressed. Individual
speakers will be limited to 5 minutes on any-item. The selection of an individual to speak on behaff of an
organization or group is encouraged, if recognized by the Chairman, a spokesperson for a group or organization
may be allotted 10 minutes to speak on an item.
Persons wishing to have written or graphic materials included in the Board agenda packets must
submit said material a minimum of 3 weeks prior to'the respecUve public hearing. In any case, written materials
intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven
days pdor to the public hearing. All material used in presentaUons before the Board will become a permanent
part of the record.
Any person who decides to appeal a decision ol the Board will need a record ol the Proceedings
pertaining thereto and therefore, may need to ensure that a verbaUm record of the proceedings is made, which
record includes the tes'dmony and evidence upon which the appeal is based.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
TOM HENNING, CHAIRMAN
DWIGHT E. BROCK, CLERK
By:/s/'reri Michaels, Deputy Clerk
COLLIER COUNTY FLORIDA
ORDINANCE NO. 03- 5 5
AN ORDINANCE AMENDING ORDINANCE NUMBER 91-
102, AS AMENDED, THE COLLIER COUNTY LAND
DEVELOPMENT CODE, WHICH INCLUDES THE
COMPREHENSIVE 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 ]'HE FOLLOWING:
ARTICLE 1, DIVISION 1.6, INTERPRETATIONS;
DIVISION 1.8, NONCONFORMITIES; ARTICLE 2,
DIVISION 2.2, ZONING DISTRICTS, PERMITTED USES,
CONDITIONAL USES, INCLUDING REVISIONS TO THE
INDUSTRIAL ZONING DISTRICT, INCLUDING REVIS-
IONS TO THE BAYSHORE DRIVE MIXED USE
OVERLAY DISTRICT, INCLUDING THE GOODLAND
ZONING OVERLAY DISTRICT; DIVISION 2.4,
LANDSCAPING AND BUFFERING; DIVISION 2.5, SIGNS;
DIVISION 2.6, SUPPLEMENTAL DISTRICT REGULA-
TIONS; DIVISION 2.7, ZONING ADMINISTRATION AND
PROCEDURES; DIVISION 2.8, ARCHITECTURAL AND
SITE DESIGN STANDARDS AND GUIDELINES FOR
COMMERCIAL BUILDINGS AND PROJECTS; ARTICLE
3, DIVISION 3.2, SUBDIVISIONS; DIVISION 3.3, SITE
DEVELOPMENT PLANS; AND ARTICLE 6, DIVISION 6.1,
RULES OF CONSTRUCTION; DIVISION 6.3,
DEFINITIONS; APPENDIX B, TYPICAL STREET
SECTIONS AND RIGHT-OF-WAY DESIGN STANDARDS;
SECTION FOUR, CONFLICT AND SEVERABILITY;
SECTION FIVE, INCLUSION IN THE COLLIER COUNTY
LAND DEVELOPMENT CODE; AND SECTION SIX,
EFFECTIVE DATE.
WHEREAS, on October 30, 1991, the Collier County Board of County
Commissioners adopted Ordinance No. 91-102, the Collier County Land
Development Code (hereinafter LDC), which has been subsequently amended; and
WHEREAS, the LDC may not be amended more than two times in each
calendar year unless additional amendment cycles are approved by the Collier
County Board of County Commissioners pursuant to Section 1.19.1., LDC; and
WHEREAS, this is the second amendment to the LDC, Ordinance 91-102,
for the calendar year 2003; and
WHEREAS, on March 18, 1997, the Board of County Commissioners
adopted Resolution 97-177 establishing local requirements and procedures for
amending the LDC; and
Page 1 of 30
Words s~ack tF~ough are deleted, words underlined are added
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 September 10, 2003, and October 8,
2003, 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, all applicable substantive and procedural requirements of
the law have been met.
NOW, THEREFORE BE IT ORDAINED by the Board of County
Commissioners of Collier County, Florida, that:
SECTION ONE: RECITALS
The foregoing Recitals are true and correct and incorporated by reference
herein as if fully set forth.
SECTION TWO: FINDINGS OF FACT
The Board of County Commissioners of Collier County, Florida, hereby
makes the following findings of fact:
1. Collier County, pursuant to Sec. 163.3161, et seq., Fla. Stat., the
Florida Local Government Comprehensive Planning and Land Development
Regulations Act (hereinafter the "Act"), is required to prepare and adopt a
Comprehensive Plan.
2. After adoption of the Comprehensive Plan, the Act and in particular
Sec. 163-3202(1). Fla. Stat., mandates that Collier County adopt land development
regulations that are consistent with and implement the adopted comprehensive
plan.
3. Sec. 163.3201, Fla. Stat., provides that it is the intent of the Act that
the adoption and enforcement by Collier County of land development regulations
for the total unincorporated area shall be based on; be related to, and be a means of
implementation for, the adopted Comprehensive Plan as required by the Act.
4. Sec. 163.3194(1)(b), Fla. Stat., requires that all land development
regulations enacted or amended by Collier County be consistent with the adopted
Comprehensive Plan, or element or portion thereof, and any land development
regulations existing at the time of adoption which are not consistent with the
adopted Comprehensive Plan, or element or portion thereof, shall be amended so
as to be consistent.
5. Sec. 163.3202(3), Fla. Stat., states that the Act shall be construed to
encourage the use of innovative land development regulations.
6. On January 10, 1989, Collier County adopted the Collier County
Growth Management Plan (hereinafter the "Growth Management Plan" or "GMP")
Page 2 of 30
Words swack tFzough are deleted, words underlined are added
as its Comprehensive Plan pursuant to the requirements of Sec. 1634.3161 et seq.
Fla. Stat., and Rule 9J-5, F.A.C.
7. Sec. 163.3194(1)(a), Fla. Stat., mandates that after a Comprehensive
Plan, or element or portion thereof, has been adopted in conformity with the Act,
all development undertaken by, and all actions taken in regard to development
orders by, governmental agencies in regard to land covered by such
Comprehensive Plan or element or portion thereof shall be consistent with such
Comprehensive Plan or element or portion thereof.
8. Pursuant to Sec. 163.3194(3)(a), Fla. Stat., a development order or
land development regulation shall be consistent with the Comprehensive Plan if
the land uses, densities or intensities, in the Comprehensive Plan and if it meets all
other criteria enumerated by the local government.
9. Section 163.3194(3)(b). Fla. Stat., requires that a development
approved or undertaken by a local government shall be consistent with the
Comprehensive Plan if the land uses, densities or intensities, capacity or size,
timing, and other aspects of development are compatible with, and further the
objectives, policies, land uses, densities or intensities in the Comprehensive Plan
and if it meets all other criteria enumerated by the local government.
10. On October 30, 1991, Collier County adopted the Collier County
Land Development Code, which became effective on November 13, 1991 and may
be amended at least twice annually.
11. Collier County finds that the Land Development Code is intended
and necessary to preserve and enhance the present advantages that exist in Collier
County; encourage the most appropriate use of land, water and resources,
consistent with the public interest; overcome present handicaps; and deal
effectively with future problems that may result from the use and development of
land within the total unincorporated are of Collier County and it is intended that
this Land Development Code preserve, promote, protect, and improve the public
health, safety, comfort, good order, appearance, convenience, and general welfare
of Collier County; prevent the overcrowding of land and avoid the undue
concentration of population; facilitate the adequate and efficient provision of
transportation, water, sewerage schools, parks, recreational facilities, housing, and
other requirements and services, conserve, develop, utilize, and protect natural
resources within the jurisdiction of Collier County; and protect human,
environmental, social, and economic resources; and maintain through orderly
growth and development, the character and stability of present and future land uses
and development in Collier County.
12. It is the intent of the Board of County Commissioners of Collier
County to implement the Land Development Code in accordance with the
provisions of the Collier County Comprehensive Plan, Chapter 125, Fla. Stat., and
Chapter 163, Fla. Stat., and through these amendments to the Code.
SECTION THREE: ADOPTION OF AMENDMENTS TO THE LAND
DEVELOPMENT CODE
SUBSECTION 3.A.
AMENDMENTS TO
INTERPRETATIONS
DIVISION 1.6.
Division 1.6. Interpretations, of Ordinance 91-102, as amended, the Collier County
Land Development Code, is hereby amended to read as follows:
DIVISION 1.6 INTERPRETATIONS
Page 3 of 30
Words s~ack t?.r~,ugh are deleted, words underlined are added
Sec. 1.6.3. Procedures.
1.6.3.1. Submission for request for interpretation. Eefore an inte.~retation shall be provided
for inte~retation ~ka!! must be subdued to the pla~ing so.ices director or chief building o~cial
("officials"), -'~,,...~-~. ~. k ~v~..~.~,~~ in a fo~ established by him. Each request must identify the
specific land development code or building code citation to be inte~reted. Each request for
inte~retation must be accompanied by the appropriate fee as set fo~h in the fee resolution adopted
by the board of counW co~ssioners. ~ r~ e~. +~ ........... ~ ....... ;.~ ~.~ .......... ~. ~
~---=~°h .... a ,~,~ ~.~-a _~:av~.~ ~"~J ,h=~.~ applicant. Under no circ~tances ~y the request for inte~retation
contain more than t~ee issues/questions. It must not contain a single question with more than
t~ee sub-issues or questions. If it is dete~ned by the appropriate official that the request for
inte~retation contains more than t~ee issues, the applicant will be required to sub~t a separate
request accompanied bY the applicable fees.
1.6.3.2. Determination of completeness. After receipt of a request for interpretation has been
appropriate official must shall determine whether the request is complete. If the p!arming set:ices
A; ......... h;=,c*...aa;-- ~CC,~;,~ ,,a,:oh ..... is applicable, appropriate official determines that the
request is not complete, he must shall serve a written notice on the applicant specifying the
deficiencies. The appropriate officialw------~,~""; ....... ~. ,~o~ ~..~. '~; ...... or ~...~.~*'~c building official,
· "~';~',,...~..~, ~. is ~vv--~-~-~,~;~'~ will ~..~..~'"u take no further action on the request for interpretation until the
deficiencies are remedied.
SUBSECTION 3.B. AMENDMENTS TO DIVISION 1.8
Division 1.8, Nonconforming Lots of Record, of Ordinance 91-102, as
amended, the Collier County Land Development Code, is hereby amended to
read as follows:
DIVISION 1.8. NONCONFORMING LOTS OF RECORD
Sec. 1.8.10. Nonconforming structures.
1.8.10.2.1. Docks and boathouses are not subject to the provisions of Section 1.8.10.2. Docks
and boathouses must be reconstructed to conform to the Code only if the reconstruction of the dock
or boathouse will expand or alter the original nonconforming facility with regard to deck area,
protrusion, setbacks, or the addition of any covered structure, regardless of the percentage of
destruction or repairs performed. The determination of legal nonconforming status will be
established by presentation of a signed, sealed survey, a copy of the Property_ Appraiser's record, or
other dated photography or documentation showing that the facility existed in its present location
and configuration prior to 1990. Any expansion of the facility, no matter how insignificant will
void legal nonconforming status and require strict compliance to the Code.
SUBSECTION 3.C.
AMENDMENTS TO DIVISION 2.2., ZONING
DISTRICTS, PERMITTED USES,
CONDITIONAL USES, DIMENSIONAL
STANDARDS
Page 4 of 30
Words s,'~.ack tk:o'.:gh are deleted, words underlined are added
DIVISION 2.2., Zoning Districts, Permitted Uses, Conditional Uses,
Dimensional Standards, of Ordinance 91-102, as amended, of the Collier
County Land Development Code, is hereby amended to read as follows:
DIVISION 2.2. ZONING DISTRICTS, PERMITTED
USES,CONDITIONAL USES, DIMENSIONAL STANDARDS
Sec. 2.2.16. Industrial District
2.2.16.2.1. Permitted uses.
20. Gunsmith shops (groups 7699) "':*~ .......... ~,~^,:_~ c~ testing ~-'~ ~-~:-~-~ except
21. Heavy cons~ction (groups 1611--1629).
22. Health se~ices (8011 accesso~ to indus~ial activities conducted on-site only).
23. Indus~ial and co~ercial ~chine~ and computer equipment (3511~3599).
24. Instance agents, brokers, and se~ice, including Title instance (group 6361 and 6411).
~ 25~ Leather and lea~er products (groups 3131--3199).
~ 26~ Local and suburban ~ansit (groups 4111~173).
~ 27~ Lumber and wood products (groups 2426, 2431--2499).
27. 28~ Meas~ing, analyzing, and con,oiling ins~ments; photographic, medical and optical
goods; watches and clocks (groups 3812~3873).
28.29= Membership organizations (groups 8611,8631).
29.30~ Miscellaneous ~nuhcmring indus~ies (groups 3911~3999).
30.31~ Miscellaneous repair se~ices (groups 7622--7699) wi~ no associated retail sales.
31.32= Motor freight tr~spo~ation and warehousing (groups 4212, 42134225, 4226 except oil
and gas storage, and pe~olem and chemcal bulk stations).
32.33. Outdoor storage yards p~suant to the requirements of section 2.2.151/2.6.
33.34~ Paper and allied products (2621~2679).
34.35. Personal se~ices (groups 7211--7219).
35.36. Physical fimess hcilities (group 7991).
2~. 37. Printing, publishing and allied indus~es (groups 2711--2796).
37.38. Railroad ~anspo~ation (4011, 4013).
38.39. Real estate brokers and appraisers (6531).
~0~ Rubber and ~scellaneous plastics products (groups 3021, 3052, 3053).
41. Shooting range, indoor (group 7999).
~ 42. Stone, clay, glass, and concrete products (groups 3221, 3251, 3253, 3255~3273, 3275,
3281).
Page 5 of 30
Words s~ack tP, rough are deleted, words underlined are added
~ 43. Textile mill products (groups 2211--2221, 2241--2259, 2273--2289, 2297, 2298).
44. Title abstract offices (group 6541).
~ 45. Transportation equipment (groups 3714, 3716, 3731, 3732, 3751, 3761, 3764, 3769, 3792,
3799).
4&. 46. Transportation by air (groups 4512 4581).
~ 47. Transportation services (groups 4724-4783, 4789 except stockyards).
~ 48. United States Postal services (4311).
46:. 49. Welding repair (7692).
~ 50._Wholesale trade--Durable goods (groups 5012---5014, 5021--5049, 5063--5092, 5094--
5099).
51. Wholesale trade--nondurable goods (groups 5111--5159, 5181, 5182, 5191 except that
wholesale distribution of chemicals, fertilizers, insecticides, and pesticides must be a
minimum of 500 feet from a residential zoning district (5192--5199).
Sec. 2.2.33. Bayshore Drive Mixed Use Overlay District
2.2.33.22.13.
Garages and Driveways.
1. The rear setback may be reduced to ten feet if a front-access garage is constructed on the
rear of the residence.
2. ~ ..... a ..... ~n u .... a max/mum --';'~*~ ^c ~ ~ c~, The maximum width of garage doors
is 16 feet.
Only one driveway is allowed per 50 linear feet of front property line. q-u~ ,~.: .......... h,m
...................................... e, ..... way area. The maximum width of the
driveway at the right-of-way line is 18 feet.
4. Other than the permitted driveway, the front yard may not be paved or otherwise used to
accommodate parking.
5. Garages ska!! must be recessed a minimum of three feet behind the front facade of the
primary residence.
6. No carports are permitted.
The distance from the back of the sidewalk to the garage door must be at least 23 feet to
allow room to park a vehicle on the driveway without parking over the sidewalk. Should
the garage be side-loaded there must be at least a 23-foot paved area on a perpendicular
plane to the garage door or plans must ensure lhat parked vehicles will not interfere with
pedestrian traffic.
Sec. 2.2.34. Goodland Overlay
2.2.34.4. Development criteria. The development criteria and standards for each zoning
district in Goodland as provided for in this Code shall apply for all uses and structures in this
overlay district unless specifically superseded below.
2.2.34.4.1.
subdistrict:
Reserved.
Permitted uses. The following uses are permitted as of right in this
Page 6 of 30
Words sm:dc fl:rough are deleted, words underlined are added
2.2.34.4.2. Conditional uses. The following uses are permitted as conditional uses in this
subdistrict:
a. Clam nursery, subject to the following restrictions:
1)
A "clam nursery" is defined as the growing of clams on a "raceway" or "flow-
through saltwater system" on the shore of a lot until the clam reaches a size of
approximately one-half inch.
2)
For the purposes of this section, a "raceway" or "flow-through salt water system"
is defined as a piece of plywood or similar material fashioned as a table-like flow
through system designed to facilitate the growth of clams.
3) At no time may a nursery owner operate a raceway or raceways that exceed a total
of 800 square feet of surface area.
4) The nursery must meet the requirements of a "minimal impact aquaculture
facility" as defined by the Department of Agriculture.
5) The nursery_ must not be operated on a vacant lot, unless both of the following
requirements are met:
i. The vacant lot is owned by the same individual who owns a lot with a
residence or habitable structure immediately adjacent to the vacant lot; and
ii. The vacant lot must not be leased to another individual for purposes of
operating a clam farm within the RSF-4 and VR zoning districts.
6) At no time will a nursery owner be allowed to feed the clams, as the clams will be
sustained from nutrients occurring naturally in the water.
7)
Only the property_ owner or individual in control of the property will be allowed
to operate a raceway on the shore off his property within the VR and RSF-4
zoning districts. In other words, a landowner must not lease his property to
another individual to use for purposes of operating a clam nursery.
8)
Any pump or filtration system used in conjunction with the nursery must meet all
applicable County noise ordinances and must not be more obtrusive than the
average system used for a non-commercial pool or shrimp tank.
2.2.24.4.1. 2.2.34.4.3. Maximum building height. As provided for in the Village Residential
zoning district for each permitted, accessory, and conditional use provided that no residential
building may contain more than two levels of habitable space.
2.2.24.4.2.2.2.34.4.4. Minimum lot requirements. As provided for in the Village Residential
zoning district for each permitted, accessory, and conditional use except for the following:
a. Single family/mobile home:
Minimum lot area: 4,275 square feet.
Minimum lot width: 45 feet.
2.2.34.4.2.2.2.34.4.5. Minimum lot requirements. As provided for in the residential single family
district (RSF-4) for each permitted, accessory, and conditional use except for the following:
a. Minimum lot area: 5,000 square feet.
b. Minimum lot width: 50 feet.
~AAA
........... 2.2.34.4.6. Minimum yard requirements. As provided for in the residential single family
district (RSF-4) for each permitted, accessory, and conditional use except for the following:
a. Side yard: Five feet.
2.2.34.5. Parking/storage of major recreational equipment ~.nd~ personal vehicles, and certain
commercial vehicles.
2.2.34.5.1. Within the VR and RSF-4 zoning districts, except for specifically designated travel
trailer subdivisions, boats, trailers, recreational vehicles and other recreational equipment may be
stored in any yard subject to the following conditions.
Page 7 of 30
Words .... ~- *~ ..... ~ are deleted, words underlined are added
Nc rRecreational equipment shall must not be used for living, sleeping, or housekeeping
purposes when parked or stored.
b. Ne rRecreational vehicles or equipment shall must not exceed 35 feet in length.
c. No rRecreational vehicles or equipment shall must not be parked, stored nor encroach in any
county right-of-way easement.
d. Recreational vehicles or equipment that exceed 35 feet in length shall will be subject to the
provisions of subsection 2.6.7.2 of this Code.
2.2.34.5.2. Personal vehicles may be parked in drainage swales in the VR and RSF-4 zoning
districts subject to the following conditions.
a. No vehicle shall block or impede traffic.
2.2.34.5.3. Commercial vehicles 35 feet in length or less will be allowed to park at the owner's
home and in the drainage swale subject to the following conditions:
a. No vehicle shall block or impede traffic;
b. Drainage must not be blocked or impeded in any way as a result of the parking in the swales;
c. Parking will only be permitted in driveways and not in yard areas; and
No more than two commercial vehicles may be parked at one residence/site, unless one or more
of the vehicles is engaged in a construction or service operation on the residence/site where it is
parked. The vehicle engaged in this service must be removed as soon as the construction or
service is completed.
For purposes of this subsection only, a conmaercial vehicle is defined as a van, pickup truck, or
passenger car used for commercial purposes and licensed by the Department of Transportation. A
vehicle is not considered a commercial vehicle merely by the display of a business name or other
insignia. No other commercial vehicle, such as dump trucks, cement trucks, forklifts or other
equipment used in the construction industry will be allowed to park at a residence or site overnight
unless specifically approved by the planning services director.
2.2.34.6.2. Parcels located off of Bayshore Drive are allowed to retain any sheds that were
constructed prior to [the effective date of this ordinance]. Storage sheds for fishing and boat
equipment on the boat dock parcels off of Bayshore Drive constructed after [the effective date of
this ordinance] are permissible if they comply with the following requirements:
1. The appropriate building permit must be obtained.
2. Bayshore Drive setback: ten feet.
3. Waterfront setback: ten feet.
4. Side yard setback: 0 feet.
5. Maximum size of shed: 144 square feet.
2.2.34.7. Sign requirements. All signs existing as of [the effective date of this ordinance] in
Goodland are exempt from the requirements of the Collier County sign ordinance (Division
2.5) for five years from [the effective date of this ordinance] or until the sign is destroyed,
whichever comes first. Any signs constructed after [the effective date of the ordinance] must
strictly comply with Division 2.5. Sign maintenance is limited to painting existing signs. All
other maintenance or repairs will void the exemption and require the owner to construct a sign
that strictly adheres to Division 2.5. in the event that the owner wishes to have a sign.
SUBSECTION 3.D.
AMENDMENTS TO DIVISION
LANDSCAPING AND BUFFERING
Page 8 of 30
Words gm:ck ~u~v, ugh are deleted, words underlined are added
DWISION 2.4., Landscaping and Buffering, of Ordinance 91-102, as
amended, of the Collier County Land Development Code, is hereby amended
to read as follows:
DIVISION 2.4. LANDSCAPING AND BUFFERING
Sec. 2.4.3. Procedures.
2.4.3.1. Landscape plan required. Prior to the issuance of any preliminary subdivision plat,
final site development plan, or building permit, an applicant whose development is covered by the
requirements of this section shall must submit a landscape plan to the planning services director.
The landscape plan shall must bear the seal of a Landscape Architect registered in the State of
Florida. The landscaping required for single-family, two family, and mobile home dwelling units
shall must. be shown on the building permit plot plan. This plan is not required to bear the seal of a
landscape architect.
The landscape plan shall must be drawn to a suitable scale, include dimensions, north arrow, date,
title, project owner's name, delineate the existing and proposed parking, vehicular use areas,
buildings, access points, and roadways, show all utility lines or easements, and show the location
of existing and proposed planting areas and vegetation communities and designate them by species
name. The code-required landscaping shall must be highlighted or indicated on the plan to
differentiate from the applicant's provided landscaping that is in addition to that required by this
Code. Design creativity is encouraged so long as it meets the intent of this Code. The plan shall
must show the location of permanent vegetation protection devices, such as barricades, curbing,
and tree wells. The plan ska!! must also include a crag plant legend indicating graphic plant
symbol, botanical and common name, quantity, height, spread, spacing, native status, drought
tolerance rating (as defined by "Xeriscape Plan Guide II" published by South Florida Water
Management District, West Palm Beach, FL) and type of mulch. The plan shall must show tree and
palm staking details per accepted industry practices and standards. In addition, a tabulation of the
code-required landscaping indicating the calculations necessary to insure compliance with this
Code shall must also appear. A certificate of occupancy shall must not be issued until approval of
the landscaping plan and installation of plants and materials consistent ~vith that approved plan has
been completed and inspected by the County.
2.4.3.1.1. Public Educational Facilities and Plant, Ancillary Plant, and Auxiliaty Facility.
Essential services including Collier County Public Schools (CCPS) / public Educational and
Ancillary Plants, and other public facility projects developed jointly with CCPS may demonstrate
that the intent of this division can be effectively accomplished without meeting specific
development standards. The applicant must request an administrative review of the alternative
design, as outlined in Section 2.4.3.1.1.1. of the Code. The deviations are limited to quantity of
plant material and the School district must demonstrate that the deviation is necessary as a result of
an educational program or joint use of the school site with another public facility or use.
2.4.3.1.1.1. Procedure.
In addition to the base submittal requirements, applicants shall clearly label the plan submitted as
an "Alternative Landscape Code Plan". This plan shall reference the deviations on the plan. An
applicant must submit a narrative description identifying the code development standards required
by this section which will be addressed through the alternative approach. The planning services
director will administratively review submittal documents for consistency with the intent of this
division. If the plan is approved through this provision, the approved deviations must be
specifically noted and the basis of the approval must be stated within the site development plan
approval letter. Deviations approved will be applicable only to the specific design and plan
reviewed. Modifications of an approved design will void the deviation request and require
resubmittal to planning services staff for re-evaluation of the request in the context of the amended
design and plan.
2.4.3.1.1.2. Exemption.
An administrative deviation is not required for specific standards relating to placement of plant
materials if the intent of the division can nonetheless be carried out without meeting these
standards. The intent of the division can be demonstrated by detailing a specific health, safety, or
welfare concern as defined by SREF or as may be unique to a specific site or educational program
that would override the need to provide plant materials. A copy of SREF, as may be amended, is
Page 9 of 30
Words g~ack tF~cugh are deleted, words underlined are added
available in the records room in the Community Development and Environmental Services
Division Building.
2.4.3.5. Installation. Prior to the issuance of any certificate of occupancy for a use required to
provide landscaping and irrigation in accordance with this section, all required landscaping and
irrigation shall be installed and in place as set out in the plans approved under subsections 2.4.3.1
and 2.4.3.2. All plant materials must be installed in accordance with accepted landscape practices
in the area and meet the plant material standards contained in Section 2.4.4. Plant materials shall
be installed in soil conditions that are conducive to the proper growth of the plant material.
Limerock located within planting areas shall be removed and replaced with native or growing
quality soil before planting. A plant's growth habit shall be considered in advance of conflicts
which might arise (i.e. views, signage, overhead power lines, lighting, circulation, etc.). Trees shall
not be placed where they interfere with site drainage, subsurface utilities, or overhead utility lines,
or where they shall require frequent pruning in order to avoid interferences with overhead power
lines. Tree and parking lot / pole lighting locations shall be designed so as not to conflict with one
another. Parking lot / pole lighting shall not be located in landscape islands with trees and shall be
located a minimum of 12.5 feet from the trunk of a tree. (See Figure [X] below).
Site Light~_Pole (l'yp.)
do th
COMPATIBLE TREE AND LIGHTING DESIGN
Figure[~] Compatible Tree and Lighting Design
Trees shall not be planted in areas that retain excessive quantities of water or will require excessive
amounts of fill placed over the root system that will affect the health of the tree species. Required
landscaping shall not be placed within easements without written approval from all entities
claiming an interest under said easement.
All trees and palms shall be properly guyed, braced and/or staked, at the time of planting to ensure
establishment of the tree or trees and erect growth. Nail staking or other methods that cause
cosmetic or biological damage to the tree are prohibited. Trees shall be re-staked within 24 hours
in the event of blow-over or other failure of the staking and guying. Staking shall be removed
between six and 12 months after installation.
All required landscaping shall be installed in accordance with plans approved under section[s]
2.4.3.1 and 2.4.3.2. Landscaping within a subdivision development shall be guaranteed by a
subdivision completion bond in accordance with division 3.2 governing the final platting of
subdivision.
Page 10 of 30
Words sm:ck through are deleted, words underlined are added
All required landscaping shall be maintained in a healthy condition in perpetuity as per the
approved building and site plans. Code Enforcement may investigate deficiencies in approved
landscaping and institute corrective action to insure compliance with this Code.
In instances where an act of God or conditions outside the control o f the applicant have presented
immediate installation, the planning services director, if furnished with a statement which includes
good and sufficient evidence that states that the required plantings will be installed when
conditions permit, may issue a temporary certificate of occupancy. If the required plantings are
not installed when conditions permit, then the county may revoke the certificate of occupancy.
2.4.4.2. Trees and palms. All required new individual trees, shall be species having an average
mature spread or crown of greater than 20 feet in the Collier County area and having trunk(s)
which can be maintained in a clean condition over five feet of clear wood. Trees adjacent to
walkways, bike paths and rights-of-way shall be maintained in a clean condition over eight feet of
clear wood. Trees having an average mature spread or crown less than 20 feet may be substituted
by grouping the same so as to create the equivalent of 20-foot crown spread. For code-required
trees, at least 50 percent of the trees at the time of installation shall be a minimum of ten feet in
height, have a 1 3/4-inch caliper (at 12 inches above the ground) and a four-foot spread. The
remaining code-required canopy trees, at the time of installation, shall be at least eight feet in
height, have a 1 1/2-inch caliper (at 12 inches above the ground) and a three-foot spread.
A grouping of three palm trees will be the equivalent of one canopy tree. Exceptions will be made
for Roystonea spp. and Phoenix spp. (not including roebelenii) which shall count one palm for one
canopy tree. Palms may be substituted for up to 30 percent of required canopy trees with the
following exceptions. No more than 30% of canopy trees may be substituted by palms (or palm
equivalents) within the interior of a vehicular use area and within each individual Type D road
right-of way landscape buffer. Palms must have a minimum often feet of clear trunk at planting.
All new trees, including palms, shall be of a species having an average mature height of 15 feet or
greater.
2.4.5.4. Green space required in shopping centers and freestanding retail establishments with
afloor area greater than 40,000 square feet. An area that is at least seven percent of the size of
the vehicular use areas shall must be developed as green space within the front yard(s) or
courtyards of shopping centers and retail establishments and shall be in addition to the building
perimeter planting area requirements. The courtyards shall must only be located in areas that are
likely to be used by pedestrians visiting the shopping center and retail establishment. The seven
percent green space area shall must be in addition to other landscaping requirements of this
division, and may be used to meet the open space requirements (section 2.6.3.2), and shall must be
labeled "Green Space" on all subdivision and site plans. The interior landscape requirements of
these projects shall be reduced to an amount equal to five percent of the vehicular use area on site.
Green space shall must be considered areas designed for environmental, scenic or noncommercial
recreation purposes and skz!! be pedestrian-friendly and aesthetically appealing. Green space may
only include the following: lawns, mulch, decorative plantings, nonprohibited exotic trees,
walkways within the interior of the green space area not used for shopping, fountains, manmade
watercourses (but not water retention areas), wooded areas, park benches, site lighting, sculptures,
gazebos, and any other similar items that the planning services director deems appropriate. Green
space shall must include: walkways within the interior of the green space area not used for
shopping, a minimum of one foot of park bench per 1,000 square feet of building area, and a
minimum of one tree or palm for each 250 square feet of green space area. The green space area
shall must use existing trees where possible and landscaping credits will be allowed as governed by
table 2.4.4. The green space areas shall must be located in areas that are in close proximity to the
retail shopping area. Benches may also be located in interior landscaped areas and 75 percent of
benches may be located adjacent to the building envelope along paths, walkways and within
arcades or malls.
2.4.5.5. Landscaping required for Division 2.8 buildings over 20,000 square feet.
The following requirements will be counted toward the required greenspace and open space
requirements of Division 2.4. of this Code.
1. Trees in vehicular use areas must be a minimum of 14 to 16 feet height with a six-foot to
eight-foot spread and a three- to four-inch caliper and must have a clear trunk area to a height of
six feet.
2. The first row of landscape islands located closest to the building front and sides must be
landscaped with trees, palms, shrubs and groundcovers and must have a clear mink area to a height
of seven feet.
Page 11 of 30
Words ............ ~,- are deleted, words underlined are added
2.4.6.6. Building Ferimeter foundation planting -tn ,. ~
areas.~..~n~:n6o. All shopping center, retail,
office, apartments, condominiums, clubhouses and similar uses shall must provide building
~;~ ..... ~.~. foundation .plantings in the amount of .... ~nn ....... -,~-~ w~,.~. ~v~. 1,999 o'~-~-~ ....... .~.r~* ten percent
of proposed building ground level floor area. These planting areas shall must be located adjacent
to the primary public building entrance(s) and/or prima _fy street elevation and shall must consist of
landscape areas, raised planters or planter boxes that are a minimum of five-feet wide. These areas
must be landscaped with trees and/or palms in the amount of one tree or palm equivalent per 250
square feet; shrubs and ground covers other than grass. Water management areas shall must not be
a part of this 5;'e feet planting area. Parking lot islands will not count towards this requirement.
2.4.6.7. Building foundation planting requirements for tall buiMings greater than 3 stories or 35
feet in height; and/or Division 2.8 buildings with a footprint greater than 20,000 square
feet and/or parking garage structures. Note: buiMings subject to the requirements of this
section are not subject to the requirements' of the previous section 2.4.6.6.
(a)
The minimum width of building foundation planting areas must be measured from the
base of the building and must relate to the adjacent building's wall height as herein
defined as follows:
Adjacent Building's Wall Height:
Building height wall less than 35 feet
Building wall height between 35 feet and 50
feet.
Building wall height greater than 50 feet.
Foundation Planting Width (contiguous around
perimeter of building):
10 feet
15 feet
20 feet.
(b) Trees required by this section must be of an installed size relating to
the adjacent building's wall height, as defined below:
Building's Wall Tree Height (feet) Tree Canopy Palm Height
Height (fee0 Spread (feet) (feet)
35 to 50 14 to 16 7 16
greater than 50 16 to 18 8 20
2.4.7.2.
Applicability. The buffering and screening shown in table 2.4 shall be required under
this section and shall apply to all new development. Existing landscaping which does
not comply with the provisions of this section shall be brought into conformity to the
maximum extent possible when: the vehicular use area is altered or expanded except
for restriping of lots/drives, the building square footage is changed, or there has been a
discontinuance of use for a period ofg0 60 consecutive days or more and a request for
an occupational license to resume business is made.
2.4.7.3. Standards. Unless otherwise noted, all standards outlined in section 2.4.4 shall apply.
Trees and shrubs shall must be installed at the height specified in section 2.4.4.2.
Water management systems, which shall must include retention and detention areas, swales, and
subsurface installations, shall be are .permitted within a required buffer provided they are
consistent with accepted engineering and landscaping practice and the following criteria:
1. Water management systems shall must not exceed 50 percent of the square footage of any
required side, rear, or front yard landscape buffer.
2. Water management systems shall must not exceed, at any location within the required side,
rear, or front yard landscape buffer, 70 percent of the required buffer width. A minimum five-foot
wide 10:1 level planting area shall be maintained where trees and hedges are required.
3. Exceptions to these standards may be granted on a case-by-case basis, evaluated on the
following criteria:
Water management systems, in the form of dry retention, may utilize an area greater than
50 percent of the buffer when existing native vegetation is retained at natural grade.
Page 12 of 30
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For lots of record 10,000 square feet or less in size, water management areas may utilize an
area greater than 50 percent of the required side and rear yard buffers. A level planting
area of at least three feet in width sba!! must be provided in these buffers.
4. Sidewalks and other impervious areas shall must not occupy any part of a required Alternative
A, B, C, or D type buffer, except when:
a. Driveways and sidewalks are constructed perpendicular to the buffer and provide
direct access to the parcel.
b. Parallel meandering sidewalks occupy the buffer and its width is increased by the
equivalent sidewalk width.
c. A required 15-20 foot wide buffer is reduced to a minimum of ten feet wide and is
increased by the five to ten foot equivalent width elsewhere along that buffer.
2.4.7.3.1. Natural and manmade bodies o_f water including retention areas for all developments
subject to Division 2.8.
1. 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 below. 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.
Page 13 of 30
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0
0J
I I I
100
10'
0
0J
I
DO THIS --~
,5O 100
DON'T DO THIS -~'
BODY OF
WATER
5HAPE5
Figure [Y]- Body of Water Shapes
2. Water management areas within the front yards. Narrow and steep water management areas
are prohibited within the front yards that lie between the primary facades of a building and a
public and private street. These narrow and steep water management areas are defined as 12
feet or less in width with maximum slope of 4 to 1.
3. Required amenities. The following standards apply to detention and retention areas
exceeding twelve feet in width. All bodies of water, including retention areas exceeding 20,000
square feet, and which are located adjacent to a public right-of-way, must incorporate into
overall design of the project at least two of the following items:
a. A walkway 5 feet wide and a minimum of 200 feet long, with trees of an average of
50 feet on center and with shaded benches, a minimum of 6 feet in length or picnic
tables with one located every_ 150 feet.
b. Fountains.
c. Partially shaded plaza/courtyard, a minimum of 200 square feet in area, with
benches and/or picnic tables adjacent to the water-body, or retention areas.
Page 14 of 30
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TABLE 2.4 TABLE OF BUFFER REQUIREMENTS BY
LAND USE CLASSIFICATIONS
Adjacent Properties District
Subjec 1 2 3 4 5 6 7 8 9 10 11 12 13 14
t
Proper
ty's
Distric
t/Use
1. B B B B B A A A A D A A
Agricu
lmre
(Al)
2. A A B B B B B C B * D B C
Reside
ntial
(E,
RSF)
single-
family
3. A B A N A B B B B * D B C
Reside
ntial
6,
RMF-
12,
RMF_
16)
multif
amily
4. A B A A B B A B B * D B B
Reside
ntial
tourist
(RT)
5. A A B B A B B B B * D B B
Villag
e
reside
ntial
(VR)
6. A B B B B A B B B * D B B B
Mobil
e
home
(MH)
7. A B B B B B A A A * D B B B
Comm
ercial3~
~ (C-
1, C-
l/T,
C-2,
C-3,
C-4,
c-5);
Busine
ss
Park
(BP)
8. A C B B B B A A2 A * D B B B
Indust
rial2
(i)
Page 15 of 30
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9. A B B B B B A A A * D B C
Public
use
(P),
comnl
facility
(CF),
Golf
Cours
e
Clubh
ouse,
Ameni
Center
10. * * * * * * * * * * D * * *
Planne
d unit
develo
pment
(PUD)
11. D D D D D D D D D D B D
Vehic
ular
rights-
of-way
12. B B B B B B B B B B B A B C
Golf
course
mainte
nance
buildi
ng
13. .,- B C
Golf :
course
14. A C C B B B B B i C * D C C D
Autom
obile
servic
e
station
The letter listed under "Adjacent Properties District" shall be i__s the landscape buffer and screening
alternative required. The "-" symbol shall represent that no buffer is required. The PUD district
buffer, due to a variety of differing land uses, is indicated by the "*" symbol, and shall must be
based on the landscape buffer and screening of the district or use with the most similar types,
densities and intensities of use. Where a conflict exists between the buffering requirements and the
yard requirements of this Code, the yard requirements of the subject zoning district shall apply.
~Buffering in agriculture (A) districts shall be applicable at the time of site development plan
(SDP) submittal.
2Industrial (I) zoned property, where abutting industrial (I) zoned property, shall be required to
install a minimum five-foot-wide type A landscape buffer adjacent to the side and rear property
lines. This area shall not be used for water management. In addition, trees may be reduced to
50 feet on center along rear and side perimeter buffers only. This reduction in buffer width
shall not apply to buffers adjacent to vehicular rights-of-way or nonindustrial zoned property.
3Buffer areas between commercial outparcels located within a shopping center may have a
shared buffer -14g 15 feet wide with each adjacent property contributing 7.5 feet. This does not
apply to right-of-way buffers.
_~, of development; and
Page 16 of 30
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(iii)
SRefer to section 2.6.28 for automobile service station landscape requirements.
2.4.7.5. "Collier County Streetscape Master Plan- and the "Golden Gate Community
Roadways Beautification Master Plan." Street corridors identified in the "Collier Nap!escape 99'z
County Streetscape Master Plan" and the "Golden Gate Community Roadways Beautification Master
Plan," including areas within the right-of-way and on required buffers adjacent to the right-of-way,
shall adhere to the requirements of the "Collier Naplescape 99's County Streetscape Master Plan" and
the "Golden Gate CommuniW Roadways Beautification Master Plan."
Notwithstanding the above, for required landscape buffers adjacent to any right-of-way, the
requirements of the "Collier County Nap!ezcape 99's Streetscape Master Plan'_' and the "Golden Gate
Community Roadways Beautification Master Plan" shall apply at the time of issuance of any related
subsequent development order including construction plans attendant to the approval of a final plat
and or a final site development plan. Where the application of said S~eetscape Master Plan standards
and requirements is questioned, an official interpretation of the planning services director pursuant to
section 1.6.1 of the Collier County Land Development Code may be requested. Further, the
interpretation of the planning services director may be appealed to the board of zoning appeals as
prescribed by section 1.6.6 of the Land Development Code.
SUBSECTION 3.E. AMENDMENTS TO DIVISION 2.5., SIGNS
DIVISION 2.5., Signs, of Ordinance 91-102, as amended, of the Collier
County Land Development Code, is hereby amended to read as follows:
DIVISION 2.5. SIGNS
Sec. 2.5.5. Permitted signs.
2.5.5.2. Signs within non-residential districts:
2.5.5.2.5.9. Special purpose signs (on-site). Due to the unique and varied nature of the following
uses, additional signs may be required to provide the desired level of service to the public. Special
purpose signs shall be permitted as follows:
2.5.5.2.5.9. l. Time and temperature signs. One time and temperature sign having a surface area
not exceeding 12 square feet shall be permitted at each industrial, commercial or other non-
residentially zoned property. Such signs may be affixed to the structure of a pole or ground sign.
Such sign shall require a building permit.
2.5.5.2.5.9.2. Barber Pole signs. All traditional size (not more than 54 inches in height and not
more than 6 inches in diameter) and style barber poles which contain any illuminated moving or
rotating part may be permitted as a lawful sign if the following and all other applicable
requirements are met:
1. The barber pole sign is attached to the exterior wall of an establishment providing the services
of a licensed barber;
Each such establishment (barbershop, salon, etc.) is limited to only one barber pole sign;
Page 17 of 30
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3. No barber pole sign may move or rotate except when the establishment is open and providing
the services of a licensed barber; and
4. All barber pole signs that illuminate, whether or not they rotate, otherwise comply with sec.
2.5.5.2.5.13. for illuminated signs.
Sec. 2.5.7. Prohibited signs.
It shall be unlawful to erect, cause to be erected, maintain or cause to be maintained, any sign not
expressly authorized by, or exempted from this Code. The following signs are expressly
prohibited:
2.5.7.1. Signs which are in violation of the building code or electrical code adopted by Collier
County.
2.5.7.2. Abandoned signs.
2.5.7.3. Animated or activated signs, except special purpose time and temperature signs and
barber pole signs complying with sec. 2.5.5.2.5.9.1. & 2., respectively
2.5.7.4. Flashing signs or electronic reader boards.
2.5.7.5. Rotating signs or displays, except barber pole signs complying with sec. 2.5.5.2.5.9.2.
SUBSECTION 3.F. AMENDMENTS TO DIVISION 2.6.
SUPPLEMENTAL DISTRICT REGULATIONS
DIVISION 2.6., Supplemental District Regulations, of Ordinance 91-102,
as amended, of the Collier County Land Development Code, is hereby
amended to read as follows:
DIVISION 2.6. SUPPLEMENTAL DISTRICT REGULATIONS
Sec. 2.6.11. Fences.
2.6.11.q.I..Industrial Districts [/Non-residential development]. Fences or walls in ~
and industrial districts not subject to Division 2.8 shall be limited to eight feet in height.
2.6.!!.4.2. 2.6.11.4.1. Walls and fences required contiguous or opposite residentially zoned
districts.
2.6.11.5. All districts. Whenever a property owner elects to erect a chain link fence pursuant to
the provisions of section 2.6.11 adjacent to an arterial/collector road in the urban coastal area said
fence shall not be located nearer than three feet to the right-of-way/properly line, and said fence
shall be screened from view by planting a vegetative hedge a minimum of 30 inches in height at
planting spaced at a distance that will achieve an opacity rating of 80 percent within one year of
planting. An irrigation system shall be installed to insure the continued viability of the vegetative
hedge as a visual screen of the chain link fence. This regulation shall not apply to single family
Page 18 of 30
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homes.
1. Structures subject to Division 2.8 Architectural & Site Design Standards shall comp!¥ with the
~following additional fencing standards:
a. Chain link and wood fences are prohibited forward of the primary_ fafade and must be a
minimum of 100 feet from a public right-of-way. Chain link and wood fencing facing a public or
private street shall be screened with an irrigated hedge planted directly in front of the fence on the
street side. Plant material shall be a minimum of 3 gallon in size and planted no more than 3 feet
on center at time of installation. This plant material shall be maintained at no less than three-
quarters of the height of the adjacent fence (See Illustration 6.1).
b_. Fences forward of the primary faqade, excluding chain link and wood are permitted under the
following conditions:
(1) Fences shall not exceed 4 feet in height.
(2) The fence provides either an open view at a minimum of 25 percent of its length or
provides variation in its height for a minimum of 15 percent of its length with a deviation of at
least 12 inches.
(3) The fence style must complement building style through material, color and design.
SUBSECTION 3.G.
AMENDMENTS TO DIVISION 2.7., ZONING
ADMINISTRATION AND PROCEDURES
DIVISION 2.7., Zoning Administration and Procedures, of Ordinance 91-
102, as amended, of the Collier County Land Development Code, is hereby
amended to read as follows:
DIVISION 2.7. ZONING ADMINISTRATION AND PROCEDURES
Sec. 2.7.2. Amendment Procedures.
2.7.2.3.5. Public participation requirements for rezonings, PUD amendments, conditional uses,
variances or parking exemptions.
1. Applicants requesting a rezoning, PUD amendment, or conditional use approval shall must
conduct at least one Neighborhood_Informational __Meeting ("NIM") ...~a,....,..... ~v~ ~ '~ .... c.f receipt v.~c
the cc, un~v .... c~,o :~:,~1 .... : ...... .~ ........... ~. .... ~*~^~ after initial staff review and
comment on the application and before the Public Hearing is scheduled with the Planning
Commission. The appropriate number of staff reviews of the application returned before the NIM
can be held, will be at the discretion of the current planning manager, only in cases where one or
two pending reviews are unnecessarily hindering the applicant from presenting the proposal to the
public. Written notice of the meeting shall be sent to all property owners who are required to
receive legal notification from the county pursuant to section 2.7.2.3.2. Notification shall also be
sent to property owners, condominium and civic associations whose members are impacted by the
proposed land use changes and who have formally requested the county to be notified. A list of
such organizations shall must be provided and maintained by the county, but the applicant shall
must bear the responsibility of insuring that all parties are notified. A copy of the list of all parties
noticed as required above, and the date, time, and location of the meeting, s~a!! must be furnished
to the planning services department and the office of the board of county commissioners no less
than ten days prior to the scheduled date of the neighborhood informational meeting. The applicant
s~a!! must make arrangements for the location of the meeting. The location s~c.u!~ must be
reasonably convenient to those property owners who are required to receive notice and the
facilities shall must be of sufficient size to accommodate expected attendance. The applicant sba!!
must further cause a display advertisement, one-fourth page, in type no smaller than 12 point and
s~a!! must not be placed in that portion of the newspaper where legal notices and classified
advertisements appear stating the purpose, location, an~ time of the meeting, and legible site
location map of the property for which the zoning change is being requested. The advertisement is
to be placed within a newspaper of general circulation in the county at least seven days prior to:
but not sooner than ten days before, the neighborhood informational meeting. The Collier County
Page 19 of 30
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staff planner assigned to attend the pre-application meeting, or designee, shall must also attend the
neighborhood informational meeting and shall serve as the facilitator of the meeting, however, the
applicant is expected to make a presentation of how it intends to develop the subject property. The
applicant is required to audio or video tape the proceedings of the meeting and to provide a copy
of same to the planning services department.
3. Any applicant requesting variance approval or parking exemption approval ska!! must provide
documentation to the planning services department indicating that property owners within 150 feet
of the subject site have been advised of the extent and nature of the variance or parking exemption
requested within 30 days of receipt of a letter indicating that the application is sufficient.
4. Where it has been determined that there is a property owner, functioning condominium or civic
association who has made formal request of the county to be notified, then the applicant sba!! must
provide written documentation to the planning services department indicating that such property
owner or organization has also been notified concerning the extent and nature of the variance or
parking exemption requested. The applicant sba!! must provide a written account of the result of
such noticing and shall submit any and all written communications to the planning services
department. A list of property owners, homeowner or condominium associations notified and any
other written communications shall must be submitted to the planning services department at least
two weeks prior to the scheduled date of the first advertised public hearing.
Sec. 2.7.3. Planned unit development (PUD) procedures.
2.7.3.6. Monitoring requirements. In order to ensure and verify that approved project densities or
intensities of land will not be exceeded and that development commitments will be fulfilled, annual
...... '~ .... ~ ..../ ~"*~'^~;-~ agent of a
monitoring reports o~. must be submitted by the ...... v~-, owner(s) ar ...........
PUD to the p!apming ge:-,'ices depament director Communi _ty Development and Environmental
Services Division Administrator or his designee. The monitoring report shall must be prepared in
a County approved format to include an affidavit executed by the property owner(s) attesting that
the information contained in the monitoring report is factually correct and complete, submitted
annually, on each anniversary of the date said PUD was approved by the board until the PUD is
completely constructed and all commitments in the PUl) document/master plan are met (built out).
The monitoring report shall must provide the following information:
1. Name of project.
2_:. Name of owner, dcve!.oper.
Number of units, by residential type; square footage and acreage of recreational facilities,
commercial and other permitted uses; infrastructure and/or other uses which are complete and
approved of or for which a valid permit has been issued, but which have not been completed~
and any on-site or off-site commitments completed and approved as of the date of the
monitoring report.
Up-to-date PUD master plan showing infrastructure, projects/developments, plats, parcels and
other pertinent information, including on-site or off-site commitments.
5~ Traffic counts for all access points to the adjacent roadway maj,vr highway network.
Copies of all other required monitoring reports completed in the past year (i.e., traffic,
wellfield, etc.).
7_:. Up-to-date PUD document which includes all approved amendments as of the date of the
monitoring report.
8_. Status of commitments in PUD document, including projected completion dates if then
established.
9. Other information as may be required by the ~1~,,;,,~ gev:ices depa.~rtment directer Community
Development and Environmental Services Division Administrator or his designee.
10~ Affidavit form drafted and supplied by Collier County to be executed by the owner(s) of the
PUD.
Page 20 of 30
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Sec. 2.7.7. Affordable housing density bonus.
2.7.7.2. Affordable housing density bonus program.
2.7.7.2.1. Overview. Within most of the coastal urban designated areas identified on the furore
land use map of the growth management plan, a base density of four residential dwelling units per
gross acre is permitted. However, the base density may be adjusted depending on the
characteristics of the development. One characteristic of a housing development which would
allow the addition of density bonuses in order to increase the density over the base density is the
provision of affordable housing in the development. The provision of affordable housing units
may add up to eight dwelling units per gross acre to the base density of four residential dwelling
units per gross acre, for a total of 12 residential dwelling units per gross acre, plus any other
density bonuses available, and minus any density reduction for traffic congestion e,r ccasta!
management area required, pursuant to the growth management plan;. The total eligible density
must not {o exceed a total of 16 dwelling units per gross acre, except as allowed through use of
transfer of development rights, as provided for in the growth management plan.
Within most of the Immokalee Urban area, as identified on the Immokalee area master plan future
land use map of the growth management plan, base densities are four or six or eight residential
dwelling units per gross acre. However, the base density may be adjusted depending on the
characteristics of the development. One characteristic of a housing development that would allow
the addition of density bonuses is the provision of affordable housing in the development. The
provision of affordable housing units may add up to eight dwelling units per gross acre to the base
density of four, six or eight residential dwelling units per gross acre, for a total of twelve, fourteen
or sixteen residential dwelling units per gross acre, plus any other density bonuses available. The
total eligible density must not exceed a total of 16 dwelling units per gross acre.
Within the Rural Lands Stewardship Area Overlay of the Agricultural/Rural area, as identified on
the future land use map of the growth management plan, towns, villages, hamlets and compact
rural developments are allowed at a density range of one-half to four dwelling units per gross acre.
The allowed density may be adjusted depending on the characteristics of the development. One
characteristic of a housing development that would allow the addition of density bonuses is the
provision of affordable housing in the development. The provision of affordable housing units
may add up to eight dwelling units per gross acre to the allowed density of one-half to four
dwelling units per gross acre, for a total of eight and one-half to twelve and one-half residential
dwelling units per gross acre, plus any other density bonuses available.
2.7.7.2.3. Preapplication conference. Prior to submitting an application for AHDB, a
preapplication conference may be scheduled with the planning development services director. If
the proposed development is to include affordable housing, the housing and urban improvement
directcr shall department must participate in the preapplication conference. The preapplication
conference provides an opportunity to familiarize the applicant with the AHDB program and
provides an opportunity for the county staff to obtain a clear understanding of the proposed
development. The AHDB rating system, the AHDB monitoring program, the limitations, criteria,
procedures, standard conditions, standard forms, and other information will be discussed and made
available to the applicant. Depending on the type of development proposed, the application may
.~.~..~.~ ,~.~..~ .~....c~-- v.,~c ^~v. be combined with; an application for a planned unit development (PUD), a
rezone, or a-a. ^~.urm.~- development ~. ......... ~...~-~ a Stewardship Receiving Area.
2.7.7.2.4. Application. An application for AHDB for a development sea!! must be submitted to
the development services director in the form established by the planning development services
director. One additional copy of the application as otherwise required shall must be provided for
the housing and urban improvement d/rectcr department. The application shall must, at a
minimum, include:
1. Zoning districts proposed by the applicant, if an3', on the property and acreage of each;
6. Whether the AHDB is requested in conjtmction with an application for a planned unit
development (PUD), an application for rezoning, or an application for a Stewardship Receiving
Area or an ^
7. Any other information which would reasonably be needed to address the request for AHDB for
the development pursuant to the requirements set forth in this section.
Page 21 of 30
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2.7.7.2.6. Review and recommendation by the housing and urban improvement director. After
receipt of a completed application for AHDB, the housing and urban improvement director shall
must review and evaluate the application in light of the AHDB rating system, the AHDB
monitoring program and the requirements of this division, emd, if applicable,_. The housing and
urban improvement director shall .must coordinate a rez,';ne with the planning development services
director, and to schedule the AHDB application with the companion application for rezoning,
planned unit development, or stewardship receiving area, and shall must recommend to the
planning commission and the board of county commissioners to deny, grant, or grant with
conditions, the AHDB application. The recommendation of the housing and urban improvement
director shall must include a report in support of his recommendation.
2.7.7.2.7. Review and recommendation by the planning commission. Upon receipt by the
planning commission of the application for AHDB and the written recommendation and report of
the housing and urban improvement director, the planning commission shall must schedule and
hold a properly advertised and duly noticed public hearing on the application. If the application
has been submitted in conjunction with an application for a PUD, then the hearing shall must be
consolidated and made a part of the public hearing on the application for the PUD before the
planning commission, and the planning commission shall must consider the application for AHDB
in conjunction with the application for the PUD. If the application has been submitted in
conjunction with an application for a rezoning, then the hearing shall must be consolidated and
made a part of the public hearing on the application for rezoning before the planning commission,
and the planning commission shall must consider the application for AHDB in conjunction with
the application for rezoning. If the application has been submitted in conjunction with an
application for a stewardship receiving area, then the hearing must be consolidated and made a part
of the public hearing on the application for stewardship receiving area before the planning
commission, and the planning commission must consider the application for AHDB in conjunction
with the application for stewardship receiving area.
close of the public hearing, the planning commission shall must review and evaluate the
application in light of the requirements of this division and the requirements for a rezoning, PUD
rezoning, or stewardship receiving area, as applicable, and shall must recommend to the board of
county commissioners that the application be denied, granted or granted with conditions.
..... :~, or mrna cat!eh I.e.,
2.7.7.2.8. Review and determination by board of county commissioners. Upon receipt by the
board of county commissioners of the application for AHDB and the written recommendation and
report of the housing and urban improvement director and recommendation of the planning
conmfission, the board of county commissioners shall must schedule and hold a properly
advertised and duly noticed public hearing on the application. If the application has been
submitted in conjunction with an application for a planned unit development (PUD), then the
hearing shall must be consolidated and made a part of the public hearing on the application for the
planned unit development (PUD) before the board of county commissioners, and the board of
county commissioners shall must consider the application for AHDB in conjunction with the
application for the planned unit development (PUD). If the application has been submitted in
conjunction with an application for a rezoning, then the hearing shall must be consolidated and
made a part of the public hearing on the application for rezoning before the board of county
commissioners, and the board of county commissioners shall must consider the application for
AHDB in conjunction with the application for rezoning. If the application has been submitted in
coniunction with an application for a stewardship receiving area, then the hearing must be
consolidated and made a part of the public hearing on the application for stewardship receiving
area before the board of county commissioners, and the board of county commissioners must
consider the application for AHDB in conjunction with the application for stewardship receiving
area. In *~ ...... · .~, ,h~ application r^. ^ urm
..,;,~. ,h ...... ; ....... r~. · After the close of
.w~ ............ a reach:ns as .... 11 as ,k ...... ;
the public hearing, the board of county commissioners shall must review and evaluate the
application in light of the requirements of this division and the requirements for a rezoning, and
shall must deny, grant, or grant with conditions, the application in accordance with the AHDB
rating system and the AHDB monitoring program.
Page 22 of 30
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comp!lance with
SUBSECTION 3.H.
AMENDMENTS TO DIVISION 2.8.,
ARCHITECTURAL AND SITE DESIGN
STANDARDS AND GUIDELINES FOR
COMMERCIAL BUILDINGS AND PROJECTS
DIVISION 2.8., Architectural and Site Design Standards and Guidelines for
Commercial Buildings and Projects, of Ordinance 91-102, as amended, of the
Collier County Land Development Code, is hereby amended to read as
follows:
DIVISION 2.8. ARCHITECTURAL AND SITE DESIGN STANDARDS
AND GUIDELINES FOR COMMERCIAL BUILDINGS AND
PROJECTS
prima,9~ facade and re:est be a minim:am cf !OO feet from a public right of way. Chain !i~ and
wood fencing facing a public right cf way shall provide at a mJnimum an i~igated hedge
directly ;" c.~., ~c,~ c .... on ............. r t o y ........................
of tb~ze gallon ~.~ ? ................ on ................................. P
be maintained at a minimum of t~ee qua~er the height of*~e fencing. (S:e l!!us~aticn 6. !).
1) Fencing dc~s not exceed four feet in height.
2) The fencing provides either an open view at a ~2nimum cf 25 percent zf its !cng*& or
.... ;~+;~' in ;+~ height c~. a ................. P ...................................
provides ................
design,
* * * * * *
2.8.3.7. ~ ~"~p;"g ~' ~;+; .... +~ requirements ^c ~+;~- ~ ~, "Landscaping
Buffering" the fallowing requirements shah apply.
~desXian use areas cf large con,anercia! buildings and projects. Such landscaping is intended
Landscaping should be
.... ~ ....~ ...... ~ .~p, ...... "~ ~;'~ dcmgn and building
plantings, ska!! be c~unted toward the required greenspace and open space requkements of
1, Until +n~ ,;~ p~;~A ~, .... , ~+ +;~ ~cp~-+;-g, ~ in ,.~n;~,,,~, use areas shall
~nimum of !4 to !6 r~, h:ight "';*h a six *~: t r~. ~
Page 23 of 30
Words struck "' ..... ~, ~ deleted, words underlined are added
plazas may be ;--^~ ..... ~ ,..4,l.;~ (o~ tn ...... ;~ I-M .... )
I!!us~ati¢n 22
benches a minimum of six fggt in !~ngth or picnic tab!e~ w?,h one !ocatcd ~ver7 !50
2. A public access pier w/th covered s~acmr~ and seating.
3. A~ 4.+~4~+ ~k~A~A ~1~/ .... ~.~ a ~2ni~:am ~c ~na square c~. in .... · ......
benchzz gna/or picnic ,~o ~j ........ ~- ..... *~ body;
Fencing c .......
1) Fence does not exceed four feet Lq h¢igh~
2) Thc f~ncing
~ovid¢: var!eriCh in its h:ight for a m/nimum cf 15 percent cf it length wi*& a deviation of
at least ~
Page 24 of 30
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SUBSECTION 3.1.
AMENDMENTS TO DIVISION 3.2.,
SUBDIVISIONS
DWISION 3.2., Subdivisions, of Ordinance 91-102, as amended, of the
Collier County Land Development Code, is hereby amended to read as
follows:
DIVISION 3.2. SUBDIVISIONS
Sec. 3.2.8. Improvement Plans.
3.2.8.4.16. Streets. The street layout of all subdivisions or developments shall be coordinated with
the street systems of the surrounding areas. Adjacent properties shall be provided with local street
interconnections unless topography, other natural features or other ordinances/regulations do not
allow or require said connections. All arterial or collector streets shall be planned to conform to
the Collier County comprehensive plan. Collector and arterial streets within a development shall
not have individual residential driveway connections. Their location and right-of-way cross section
must be reviewed and approved by the cotmty transportation services division during the
preliminary subdivision plat review process. All subdivisions shall provide rights-of-way in
conformance with the comprehensive plan and the right-of-way cross section contained in
appendix B. All streets shall be designed and constructed to provide for optimum vehicular and
pedestrian safety, long service life and low cost of maintenance.
A tolerance of one-quarter inch for pavement surface and one-half inch for base course may be
accepted. Any deviations more than these tolerances will result in withholding preliminary
acceptance until such time that the pavement is brought up to county standards.
21. Sidewalk arkin . The distance from the back of the sidewalk to the ara e door must be at
least 23 feet to allow room to park a vehicle on the driveway without parking over the sidewalk.
Should the garage be side-loaded there must be at least a 23-foot paved area on a perpendicula,
plane to the garage door or plans must ensure that parked vehicles will not interfere with
~ traffic.
SUBSECTION 3.J.
AMENDMENTS TO DIVISION 3.3., SITE
DEVELOPMENT PLANS
DIVISION 3.3., Site Development Plans, of Ordinance 91-102, as
amended, of the Collier County Land Development Code, is hereby amended
to read as follows:
DIVISION 3.3. SITE DEVELOPMENT PLANS
Sec. 3.3.7. Site development plan review (SDP) procedures.
Page 25 of 30
Words ~ are deleted, words underlined_ are added
3.3.7.1.9. Infrastructure improvements plans. Detailed on-site and off-site infrastructure
improvement plans and construction documents prepared in conformance with the design
standards of division 3.2 and any current county ordinances, regulations, policies and procedures
which consist of, but are not limited to, the following items:
1. A cover sheet setting forth the development name, applicant name, name of engineering firm,
and vicinity map.
15. Sidewalk parking. The distance from the back of the sidewalk to the garage door must be at
least 23 feet to allow room to park a vehicle on the driveway without parking over the sidewalk.
Should the garage be side-loaded there must be at least a 23-foot paved area on a perpendicular
plane to the garage door or plans must ensure that parked vehicles will not interfere with
pedestrian traffic.
SUBSECTION 3.K.
AMENDMENTS TO DIVISION 6.3.,
DEFINITIONS
DIVISION 6.3., Definitions, of Ordinance 91-102, as amended, of the
Collier County Land Development Code, is hereby amended to read as
follows:
DIVISION 6.3. DEFINITIONS
Adjacent (applicable to School Board Review issues only): Lying near or adjoining [see also
Abutting property or adjacent property].
Ancillary plant: The building, site and site improvements necessary to provide such facilities as
vehicle maintenance, warehouses, maintenance, or administrative buildings necessary to provide
support services to an educational program which may lawfully be used as authorized by the
Florida Statutes and approved by the Collier County School Board.
Auxiliary facility: The spaces located at educational plants which are not designed for student
occupation stations.
Compatibility review: A review pursuant to the Architectural and Site Design Standards contained
within the Division 2.8 of the Land Development Code (LDC) in effect at the time SBR Letters of
Compliance are requested and that pertains to issues of compatibility with surrounding uses,
complimentary_ patterns of development and mitigation of negative impacts. The Compatibility
Review will be limited to compatibility issues, external sidewalks and pathway connections,
lighting, dumpster location and screening, and orientation of buildings and ancillary_ facilities.
Consistency Review: A review process whereby the County will determine prior to the School
Board's acquisition of property whether such property is consistent with the locational criteria of
the Growth Management Plan's Future Land Use Element and Map, Golden Gate Area Master
Plan and Imtnokalee Area Master Plan, and whether the plant or facility is a permitted use,
conditional use or prohibited use in the zoning district on the site, pursuant to the 2003 Interlocal
Agreement.
Educational Facilities: The buildings and equipment, structures, and special educational use areas
that are built, installed, or established to serve primarily the educational purposes and secondarily
the social and recreational purposes of the community and which may lawfully be used as
authorized by the Florida Statutes and approved by the Collier County School Board.
Educational Plant: The educational facilities, site and site improvements necessary to
accommodate students, faculty, administrators, staff, and the activities of the educational program
of each plant.
Fire station: The building(s) and site of a government establishment primarily engaged in
firefighting, used to house fire tracks and other emergency vehicles, firefighting equipment and
apparatus, firefighters, and support/administrative staff.
Page 26 of 30
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Fire station services, ancillary: Fire protection activities imperative to carry out the purposes cfa
government establishment primarily engaged in firefighting, such as fire training camps, but which
is not required to be located at a fire station for that fire station to serve its function. However,
services designed to repair any firefighting equipment is not an ancillary_ fire station service.
Locational Criteria: The land use categories established in the Growth Management Plan's Future
Land Use Element and Map, Golden Gate Area Master Plan and Immokalee Area Master Plan.
School Board Review ("SBR"): The site development plan review process for School Board
projects as outlined in the 2003 Interlocal Agreement.
State Requirements for Educational Facilities ("SREF"): The Florida Department of Education
State Requirements for Educational Facilities, effective 1999, as amended.
1996 Interlocal Agreement: the Interlocal Agreement between the Collier Coun _ty School Board
and Collier County as recorded in Official Record Book 2207, Pages 1729 et seq., which bears an
effective date of June 25, 1996.
2003 Interlocal Agreement: the Interlocal Agreement between the Collier County School Board
and Collier County as recorded in Official Record Book 3228, Page 2989 et seq.., which bears an
effective date of February 28, 2003.
SUBSECTION 3.L.
AMENDMENTS TO APPENDIX B, TYPICAL
STREET SECTIONS AND RIGHT-OF-WAY
DESIGN STANDARDS
APPENDIX B, Typical Street Sections and Right-of-Way Design
Standards, of Ordinance 91-102, as amended, of the Collier County Land
Development Code, is hereby amended to include the revisions to the
following cross-sections as follows:
Cul-de Sac:
COLLIER COUNTY LAND DEVELOPMENT CODE
2' Slope @
~oncrete / 5 I ~ concretd [
LBR 100 / I-- 7.5' __[ ~ .. (LBR 100), . ~ LBR '00
/ -- --I ~ 12" Stebi,'ized Subgrade (LBR 40) ~
Force Main
Sanitary Sewer LocatTon ~
Notes:
I) AspPdUc concrete snail be type S or aqua, os
approved by the county development engireer
Cul-De-Sac
Supp No 5
I INot to scale
Collier County Development ColTer County Subdivision Dote: 7/o~
Services Department -ypical Roadway SectTon FILE: LDCB~,,DW6
Page 27 of 30
Words smack t~cugh are deleted, words underlined are added
Local Street:
APPENDIX B-TYPICAL STREET Si~CTIONS
60'
R/W
S ope @__
-iL" Pe~ n. \
I 10' , 2' , N 2' 5' l'J
~ I / ~ ~o/{ ~/ Concrete I V Gutter ~ ~ I '
Sanitary Sewe~ Loom: on ~
Notes:
Asphaltic corcrete sh~ll be type s cr equal as
aoproved by the county development engineer.
Local Street
,z ........................ Collier County Beveiopment Collier County Subdivision Dote:
,,'~,~'/°' J":" ,; Services Department Typical Roadway Section FLE: LCDBSDWG
Commercial/Industrial:
COLLIrl;R COUNTY LAND DEVELOPME]NT CODE
R/W
Slope @
1/4" Per
3" Type S-1
J Asphaltic Cane,eta --~, 11' 2'
_j~, ~, ~2 ....... ~ \ I~ ., ~.~ \ ~'~
/ ~ I ~ M ~ r Ware.
L'ne
4" Ii ..... k bose/ ~ , ~ ~' 8" Lime'oak ~ose (P'imed)
:00
La~ _~ ~.s' _ ~ . (~m ~oo) ~ u~. ~o0
I- %%rce ~ 12" St<]bilized Subgrcde (LBR 40)
Main ~ 7,5'
-I
Sanitory Sewer Location
COMMERCIAL/INDUSTRIAL
Notes:
Asphaltic concrete shall be type S or equal as approved by the county
development engineer.
2) tf rcodway is div~ded, lanes shall be 14' oqd the m~qimdm r:ght of way
shal be expanded ~roportional 'or the width of the median ~nd t~e
expanded lone width
3) Center inn design curve ¢odius shall be in accordance with the FDOT,
monuoi of uniform mln~mum standards 'or des;§n (section Il').
4) Major & re:nor cohectors r~quire 8' sidewalk on both sides
Collier Count,/ Developr'"e~t
Se.vices Deportme~t
Collie- Courty Subdivision
Typical Roadway Section
JNot to sccle
Dote: 7/03
FILE: LDCB6.DWO
Minor Collector:
Page 28 of 30
Words swack thrcugk are deleted, words underlined are added
APPENDIX B-TYPiCAL STREET SECTIONS
76'
R/W
6" whice stripe between bike lone
~ 4 ~ 1' LANE Asphaldc Concrete~ X ICONE[ t / ~
So~'tory Sewe- Loco;ioq
Minor Collector
Collier Count/ Development
Services Deportment
I Not to $cele
Coil;er County Subdiv:sion Dote:7/03
Typicol Roadway Sect;on riLe LDCBT,DWG
Major Collectors and Arterials:
COLLIER COUNTY LAND DEVELOPMENT CODE
AS REQJ RED .~1
4' 22' i 15' MEDIAN ~
~ LB~KNEEF = =(TJRN LANES ~'~ ~
B' i / i W~E,~ REQU,REB)
~ 4" CnNCRFTF ~~-YPE "F"
~ ..... ~~ BASE CURB
P~ME~ {LBR 100~
:ORCE
MAIN
SLOPE @
AS REQUIRED · \1/4"
PER
FT.
wl 15' MEDIAN I 22' 4' \ ~ 4' ~ /
z ~ q ~ ~ -- BIKE ~ 6'
~ (TURN LANE~ I ,: =PE B !LANE; 5
ii WHEN REQJIRED) ~ASPHALTC ~2'~ ~ ~ [ WALK ij
~ ~ /~4'
LINE
Major Collector and Arterials
Collier County Development Collier Cc,.~nty SubdFvision Do*.: ¥o;
Services Decartment Typical Roadway Section nu[: LOCBS.DWG
SECTION FOUR: CONFLICT AND SEVERABILITY
In the event this Ordinance conflicts with any other Ordinance of Collier County or
other applicable law, the more restrictive shall apply. If any phrase or portion of this
Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such
Page 29 of 30
Words stp. ack tF. rcug~ are deleted, words underlined are added
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 relettered to accomplish such, and the word "ordinance" may be changed to
"section," "article," or any other appropriate word.
SECTION SIX: EFFECTIVE DATES
This Ordinance shall become effective upon filing with the Secretary of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this 8q~ day of ~15~, 2003.
ATTEST:
DWIGHT E.
COMMISS!ONE~ ;,
CLERK
By:
De-t:pat3;'Clerk :':':,??~ .-,~ '
Approved as tO fo~ ~d
cy: _ __
Pathck G. White
Assistant County Attorney
By:
BOARD OF COUNTY
OF COLLIER COUNTY, FLORIDA
TOM HENNIN~, CHAIRM~'
10-2 -65
Page 30 of 30
Words smack ff~ough are deleted, words underlined are added
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of:
ORDINANCE 2003-55
Which was adopted by the Board of County Commissioners
on the 8th day of October, 2003, during Special Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 16th
day of October, 2003.
DWIGHT E. BROCK
Clerk of Courts ahd Clerk
Ex-officio to Board of
County Commissioners
By: Patricia h. Morg~n~
Deputy Clerk