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Ordinance 2018-18 ORDINANCE NO. 18 - 18 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04- 41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE LAND REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING: CHAPTER ONE - GENERAL PROVISIONS, INCLUDING SECTION 1.08.02 DEFINITIONS; CHAPTER TWO - ZONING DISTRICTS AND USES, INCLUDING SECTION 2.03.03 COMMERCIAL ZONING DISTRICTS, SECTION 2.03.04 INDUSTRIAL ZONING DISTRICTS, SECTION 2.03.07 OVERLAY ZONING DISTRICTS, SECTION 2.03.08 RURAL FRINGE ZONING DISTRICTS; CHAPTER THREE - RESOURCE PROTECTION, INCLUDING SECTION 3.05.07 PRESERVATION STANDARDS; CHAPTER FOUR - SITE DESIGN AND DEVELOPMENT STANDARDS, INCLUDING SECTION 4.02.01 DIMENSIONAL STANDARDS FOR PRINCIPAL USES IN BASE ZONING DISTRICTS, SECTION 4.02.03 SPECIFIC STANDARDS FOR LOCATION OF ACCESSORY BUILDINGS AND STRUCTURES, SECTION 4.02.04 STANDARDS FOR CLUSTER RESIDENTIAL DESIGN, SECTION 4.02.06 STANDARDS FOR DEVELOPMENT IN AIRPORT ZONES, SECTION 4.02.14 DESIGN STANDARDS FOR DEVELOPMENT IN THE ST AND ACSC-ST DISTRICTS, SECTION 4.03.04 LOT LINE ADJUSTMENT AND LOT SPLIT; CHAPTER SIX - INFRASTRUCTURE IMPROVEMENTS AND ADEQUATE PUBLIC FACILITIES REQUIREMENTS, INCLUDING SECTION 6.01.05 SOIL EROSION AND SEDIMENT CONTROL PLAN; CHAPTER NINE - VARIATIONS FROM CODE REQUIREMENTS, INCLUDING SECTION 9.04.04 SPECIFIC REQUIREMENTS FOR MINOR AFTER-THE-FACT ENCROACHMENT; CHAPTER TEN - APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES, INCLUDING SECTION 10.01.02 DEVELOPMENT ORDERS REQUIRED, SECTION 10.02.09 REQUIREMENTS FOR TEXT AMENDMENTS TO THE LDC; SECTION FOUR, ADOPTION OF AMENDMENTS TO THE COLLIER COUNTY OFFICIAL ZONING ATLAS, MORE SPECIFICALLY AMENDING THE FOLLOWING: ZONING MAP NUMBERS 522930, 2033N, 2033S, 2034N, 2034S TO REMOVE THE ACSC DESIGNATION FOR CONSISTENCY WITH THE GROWTH MANAGEMENT PLAN; SECTION FIVE, CONFLICT AND SEVERABILITY; SECTION SIX, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SEVEN, EFFECTIVE DATE. Page 1 of 31 Words struck through are deleted,words underlined are added Recitals WHEREAS, on October 30, 1991, the Collier County Board of County Commissioners adopted Ordinance No. 91-102, the Collier County Land Development Code (hereinafter LDC), which was subsequently amended; and WHEREAS, the Collier County Board of County Commissioners (Board) on June 22, 2004, adopted Ordinance No. 04-41, which repealed and superseded Ordinance No. 91-102, as amended, the Collier County Land Development Code, which had an effective date of October 18, 2004; and WHEREAS, the LDC may not be amended more than two times in each calendar year unless additional amendment cycles are approved by the Collier County Board of Commissioners pursuant to Section 10.02.09 A. of the LDC; and WHEREAS, this amendment to the LDC is part of the first amendment cycle for the calendar year 2018; and WHEREAS, on March 18, 1997, the Board adopted Resolution 97-177 establishing local requirements and procedures for amending the LDC; and WHEREAS, all requirements of Resolution 97-177 have been met; and WHEREAS, the Board of County Commissioners, in a manner prescribed by law, did hold advertised public hearings on April 10, 2018 and April 24, 2018, and did take action concerning these amendments to the LDC; and WHEREAS, the subject amendments to the LDC are hereby determined by this Board to be consistent with and to implement the Collier County Growth Management Plan as required by Subsections 163.3194 (1) and 163.3202 (1), Florida Statutes; and WHEREAS, this ordinance is adopted in compliance with and pursuant to the Community Planning Act (F.S. § 163.3161 etseq.), and F.S. § 125.01(1)(t) and (1)(w); and WHEREAS, this ordinance is adopted pursuant to the constitutional and home rule powers of Fla. Const. Art. VIII, § 1(g); and WHEREAS, all applicable substantive and procedural requirements of the law have otherwise been met. NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida, that: Page 2 of 31 Words struck through are deleted, words underlined are added SECTION ONE: RECITALS The foregoing Recitals are true and correct and incorporated by reference herein as if fully set forth. SECTION TWO: FINDINGS OF FACT The Board of Commissioners of Collier County, Florida, hereby makes the following findings of fact: 1. Collier County, pursuant to § 163.3161, et seq., F.S., the Florida Community Planning Act (herein after the "Act"), is required to prepare and adopt a comprehensive plan. 2. After adoption of the Comprehensive Plan, the Act and in particular § 163.3202(1). F.S., mandates that Collier County adopt land development regulations that are consistent with and implement the adopted comprehensive plan. 3. Section 163.3201, F.S., provides that it is the intent of the Act that the adoption and enforcement by Collier County of land development regulations for the total unincorporated area shall be based on, be related to, and be a means of implementation for, the adopted comprehensive plan. 4. Section 163.3194(1)(b), F.S., requires that all land development regulations enacted or amended by Collier County be consistent with the adopted comprehensive plan, or element or portion thereof, and any land regulations existing at the time of adoption which are not consistent with the adopted comprehensive plan, or element or portion thereof, shall be amended so as to be consistent. 5. Section 163.3202(3), F.S., states that the Act shall be construed to encourage the use of innovative land development regulations. 6. On January 10, 1989, Collier County adopted the Collier County Growth Management Plan (hereinafter the "Growth Management Plan" or "GMP") as its comprehensive plan pursuant to the requirements of§ 163.3161 et seq., F.S. 7. Section 163.3194(1)(a), F.S., mandates that after a comprehensive plan, or element or portion thereof, has been adopted in conformity with the Act, all development undertaken by, and all actions taken in regard to development orders by, governmental agencies in regard to land covered by such comprehensive plan, or element or portion thereof shall be consistent with such comprehensive plan or element or portion thereof. 8. Pursuant to § 163.3194(3)(a), F.S., a development order or land development regulation shall be consistent with the comprehensive plan if the land uses, densities or Page 3 of 31 Words struck through are deleted,words underlined are added 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. 9. Section 163.3194(3)(b), F.S., states that a development approved or undertaken by a local government shall be consistent with the comprehensive plan if the land uses, densities or intensities, capacity or size, timing, and other aspects of development are compatible with, and further the objectives, policies, land uses, densities, or intensities in the comprehensive plan and if it meets all other criteria enumerated by the local government. 10. On October 30, 1991, Collier County adopted the Collier County Land Development Code, which became effective on November 13, 1991. The Land Development Code adopted in Ordinance 91-102 was recodified and superseded by Ordinance 04-41. 11. Collier County finds that the Land Development Code is intended and necessary to preserve and enhance the present advantages that exist in Collier County; to encourage the most appropriate use of land, water and resources consistent with the public interest; to overcome present handicaps; and to deal effectively with future problems that may result from the use and development of land within the total unincorporated area of Collier County and it is intended that this Land Development Code preserve, promote, protect and improve the public health, safety, comfort, good order, appearance, convenience and general welfare of Collier County; to prevent the overcrowding of land and avoid the undue concentration of population; to facilitate the adequate and efficient provision of transportation, water, sewerage, schools, parks, recreational facilities, housing and other requirements and services; to conserve, develop, utilize and protect natural resources within the jurisdiction of Collier County; to protect human, environmental, social and economic resources; and to maintain through orderly growth and development, the character and stability of present and future land uses and development in Collier County. 12. It is the intent of the Board of County Commissioners of Collier County to implement the Land Development Code in accordance with the provisions of the Collier County Comprehensive Plan, Chapter 125, Fla. Stat., and Chapter 163, Fla. Stat., and through these amendments to the Code. SECTION THREE: ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE * * * * * * * * * * * * * Page 4 of 31 Words tru^' =are deleted, words underlined are added SUBSECTION 3.A. AMENDMENTS TO SECTION 1.08.02 DEFINITIONS Section 1.08.02 Definitions, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 1.08.02 Definitions * * * * * * * * * * * * * Nonconforming lot of record: When two or more adjacent legal nonconforming lots of record are conforming lots into one legal description, neither or both of these actions will prohibit the owner for tax-purposes, or severing the parcels into their former legal descriptions as legal non was recognized as legal nonconforming. Prior to any two or more adjacent, legal non • _ . --- _ . e _ e . - -e_-. Any lawful lot or parcel which was recorded, or for which an agreement for deed was executed prior to October 14, 1974, and which lot or parcel does not meet the minimum width or lot area requirements as a result of the passage of this Code shall be considered as a legal nonconforming lot and shall be eligible for the issuance of a building permit provided all the other requirements of this Code and the Florida Statues are met. This definition also includes any lot or parcel made nonconforming by a rezoninq initiated by Collier County to implement the Zoning Reevaluation Ordinance Number 90-23 (1990). SUBSECTION 3.B. AMENDMENTS TO SECTION 2.03.03 COMMERCIAL ZONING DISTRICTS Section 2.03.03 Commercial Zoning Districts, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 2.03.03 Commercial Zoning Districts Page 5 of 31 Words struckough are deleted,words underlined are added * * * * * * * * * * * * * C. Commercial Intermediate District (C-3). The purpose and intent of the commercial intermediate district (C-3) is to provide for a wider variety of goods and services intended for areas expected to receive a higher degree of automobile traffic. The type and variety of goods and services are those that provide an opportunity for comparison shopping, have a trade area consisting of several neighborhoods, and are preferably located at the intersection of two-arterial level streets. Most activity centers meet this standard. This district is also intended to allow all of the uses permitted in the C-1 and C-2 zoning districts typically aggregated in planned shopping centers. This district is not intended to permit wholesaling type of uses, or land uses that have associated with them the need for outdoor storage of equipment and merchandise. A mixed-use project containing a residential component is permitted in this district subject to the criteria established herein. The C-3 district is permitted in accordance with the locational criteria for commercial and the goals, objectives, and policies as identified in the future land use element of the Collier County GMP. The maximum density permissible in the C-3 district and the urban mixed use land use designation shall be guided, in part, by the density rating system contained in the future land use element of the Collier County GMP. The maximum density permissible or permitted in the C-3 district shall not exceed the density permissible under the density rating system. 1. The following uses, as identified with a number from the Standard Industrial Classification Manual (1987), or as otherwise provided for within this section are permissible by right, or as accessory or conditional uses within the commercial intermediate district (C-3). a. Permitted uses. 1. Accounting (8721). 2. Adjustment and collection services (7322). 3. Advertising agencies (7311). 4. Amusement and recreation services, indoor (7999 martial arts, yoga and gymnastics instruction, gymnastic schools, and recreation involving physical fitness exercise only). 4. 5. Animal specialty services, except veterinary (0752, excluding outside kenneling). 5- 6. Apparel and accessory stores (5611-5699) with 5,000 square feet or less of gross floor area in the principal structure. Note:ALL REMAINING SUBSECTIONS TO BE RENUMBERED ACCORDINGLY Page 6 of 31 Words struck through are deleted,words underlined are added * * * * * * * * * * * * * c. Conditional uses. The following uses are permissible as conditional uses in the commercial intermediate district (C-3), subject to the standards and procedures established in sections 4.02.02 and 10.08.00. 1. Amusements and recreation services, outdoor (7999 boat rental, miniature golf course, bicycle, and moped rental, rental of beach chairs and accessories only). * * * * * * * * * * * * * D. General Commercial District (C-4). The general commercial district (C-4) is intended to provide for those types of land uses that attract large segments of the population at the same time by virtue of scale, coupled with the type of activity. The purpose and intent of the C-4 district is to provide the opportunity for the most diverse types of commercial activities delivering goods and services, including entertainment and recreational attractions, at a larger scale than the C-1 through C-3 districts. As such, all of the uses permitted in the C-1 through C-3 districts are also permitted in the C-4 district. The outside storage of merchandise and equipment is prohibited, except to the extent that it is associated with the commercial activity conducted on-site such as, but not limited to, automobile sales, marine vessels, and the renting and leasing of equipment. Activity centers are suitable locations for the uses permitted by the C-4 district because most activity centers are located at the intersection of arterial roads. Therefore the uses in the C-4 district can most be sustained by the transportation network of major roads. The C-4 district is permitted in accordance with the locational criteria for uses and the goals, objectives, and policies as identified in the future land use element of the Collier County GMP. The maximum density permissible or permitted in a district shall not exceed the density permissible under the density rating system. 1. The following uses, as defined with a number from the Standard Industrial Classification Manual (1987), or as otherwise provided for within this section are permissible by right, or as accessory or conditional uses within the general commercial district (C-4). a. Permitted uses. 1. Accounting (8721). 2. Adjustment and collection services (7322). 3. Advertising agencies (7311). 4. Advertising — miscellaneous (7319). 5. Agricultural services (0783). Page 7 of 31 Words struck through are deleted,words underlined are added 6. Amusement and recreation services, indoor (7999). * * * * * * * * * * * * * SUBSECTION 3.C. AMENDMENTS TO SECTION 2.03.04 INDUSTRIAL ZONING DISTRICTS Section 2.03.04 Industrial Zoning Districts, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 2.03.04 — Industrial Zoning Districts A. Industrial District (I). The purpose and intent of the industrial district (I) is to provide lands for manufacturing, processing, storage and warehousing, wholesaling, and distribution. Service and commercial activities that are related to manufacturing, processing, storage and warehousing, wholesaling, and distribution activities, as well as commercial uses relating to automotive repair and heavy equipment sales and repair are also permissible in the I district. The I district corresponds to and implements the industrial land use designation on the future land use map of the Collier County GMP. 1. The following uses, as identified within the Standard Industrial Classification Manual (1987), or as otherwise provided for within this section, are permitted as a right, or as accessory or conditional uses within the industrial district (I). a. Permitted uses. * * * * * * * * * * * * * 39. Physical fitness facilities,- (7911 except Discotheques, 7991, 7999 - limited to baseball instruction, basketball instruction, gymnastics instruction, judo instruction, karate instruction, and martial arts instruction, yoga instruction, gymnastic schools, and recreation involving physical fitness exercise only). * * * * * * * * * * * * * SUBSECTION 3.D. AMENDMENTS TO SECTION 2.03.07 OVERLAY ZONING DISTRICTS Section 2.03.07 Overlay Zoning Districts, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: Page 8 of 31 Words struck through are deleted,words underlined are added 2.03.07 Overlay Zoning Districts * * * * * * * * * * * * * G. Immokalee Urban Overlay District. To create the Immokalee Urban Overlay District with distinct subdistricts for the purpose of establishing development criteria suitable for the unique land use needs of the Immokalee Community. The boundaries of the Immokalee Urban Overlay District are delineated on the maps below. * * * * * * * * * * * * * 7. Interim Deviations: Property owners within the Immokalee Urban Overlay District may request deviations from specific dimensional requirements as described in this section. A deviation request may be reviewed administratively or by the Planning Commission depending upon its scope. This section addresses the permissible deviations, limitations thereon, and the review process. * * * * * * * * * * * * * e. Applicability - List of Development Standards Eligible for Deviation Requests. Property owners shall be eligible to seek a deviation from the dimensional requirements of the following Code provisions, unless otherwise noted. * * * * * * * * * * * * * vii. 4.02.03 A-Specific Standards for Location of Accessory Buildings and Structures, Dimensional Standards (Tables 3 and 1I), except that in the case of new development on commercial parcels, no deviation shall be granted from the required 50-foot building setback when abutting residentially zoned properties, or from the minimum 10-foot wide landscaped strip between the abutting road right-of-way and the off-street parking area. Deviations from these requirements may be considered in the case of redevelopment where existing structures and/or encroachments are proposed to remain. * * * * * * * * * * * * * SUBSECTION 3.E. AMENDMENTS TO SECTION 2.03.08 RURAL FRINGE ZONING DISTRICTS Page 9 of 31 Words struck through are deleted,words underlined are added Section 2.03.08 Rural Fringe Zoning Districts, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 2.03.08 Rural Fringe Zoning Districts A. Rural Fringe Mixed-Use District (RFMU District). 1. Purpose and scope. The purpose and intent of the RFMU Ddistrict is to provide a transition between the Urban and Estates Designated lands and between the Urban and Agricultural/Rural and Conservation designated lands farther to the east. The RFMU Ddistrict employs a balanced approach, including both regulations and incentives, to protect natural resources and private property rights, providing for large areas of open space, and allowing, in designated areas, appropriate types, density and intensity of development. The RFMU Ddistrict allows for a mixture of urban and rural levels of service, including limited extension of central water and sewer, schools, recreational facilities, commercial uses, and essential services deemed necessary to serve the residents of the RFMU Ddistrict. The innovative planning and development techniques which are required and/or encouraged within the RFMU Ddistrict were developed to preserve existing natural resources, including habitat for listed species, to retain a rural, pastoral, or park-like appearance from the major public rights-of-way, and to protect private property rights. a. Establishment of RFMU Zoning Overlay District. In order to implement the Rural Fringe Mixed Use District (RFMUM designation in the Future Land Use Element (FLUE) of the GMP, the RFMU District shall be designated as "RFMUO" on the Official Zoning Atlas and is hereby established. The RFMU District replaces the underlying zoning district where that underlying zoning district is A, Rural Agricultural, except where development standards are omitted in the RFMU District. The County- wide Future Land Use Map is located in the Future Land Use Element of the GMP or can be obtained at the Community Development Building from the Growth Management Department, located at 2800 N. Horseshoe Drive, Naples, FL 34104. The lands included in the RFMU District and to which this LDC section 2.03.08 apply are depicted by the following map: Page 10 of 31 Words struck through are deleted, words underlined are added LEE COUNTY RU ' A FRINGE AREAS ItMOKALEE W n LF COUNT" 0 Li: Ct L N U1;: i ..r ' E ROAD RANDALL BLVD g GOLDEN GATE BOULEVARD lI an a 1111I g INTERSTATE-75 e i ' 1 1 0 0 ••1 r O6 Tr "if f ., if GE Page 11 of 31 Words struck through are deleted,words underlined are added LEE COUNTY RURAL FRINGE AREAS E1MOKA _EE RD z 0 0 w LJ LEE COUNTY OIL WELL R IMMOK.ALEE RD a i — a coTA 0 d a w'' C' GOLDEN GATE BLVD w t so � -11 x O a O RADIO RD "- 1\1 ERSTA'CE-75 I DAVIS BLAJ7 1 Ei dy .r. 0 1 2 4 6 Miles G •S irt Legend > QRURAL FRINGE AREA ao RURAL FRINGE W MIXED USE DISTRICT n PREPARED ev GIS+CAD MAPF G SEG TION 0 GROWN,MANAGEMENT DEPARTMENT ♦. b. Exemptions. The requirements, limitations and allowances of this section shall not apply to, affect or limit the continuation of existing uses. Existing Page 12 of 31 Words sttFucke are deleted, words underlined are added uses shall include: those uses for which all required permits were issued prior to June 19, 2002i , and or projects for which a Conditional use of Rezone petition has been approved by the County prior to June 19, 2002i or, projects for which a Rezone petition has been approved by the County prior to June 19, 2002 — inclusive of all lands not zoned A, Rural Agricultural; or, land use petitions for which a completed application has been submitted prior to June 19, 2002. The continuation of existing uses shall include on-site expansions of those uses if such expansions are consistent with or clearly ancillary to the existing uses. Hereafter, such previously approved developments shall be deemed to be consistent with the Plan's Goals, Objectives and Policies and for the RFMUD (Asir-lot, and they may be built out in accordance with their previously approved plans. Changes to these previous approvals shall also be deemed consistent with the Plan's Goals, Policies and Objectives for the RFMUD district as long as they do not result in an increase in development density or intensity. C. North Belle Meade Overlay District (NBMO). * * * * * * * * * * * * * 5. Additional specific area provisions. a. Receiving lands. * * * * * * * * * * * * * (4) NBMO rural village. A NBMO rural village shall adhere to the provisions for rural village set forth in LDC section 2.03.08 A.2.b. (A)(2)(b), except as follows: (a) Density. An NBMO rural village shall have a minimum gross density of 1.5 dwelling units per acre and a maximum gross density of three (3) dwelling units per acre. The minimum required density shall be achieved through TDR credits, TDR Bonus Credits, and Rural Village Bonus credits, as provided in LDC section 2.03.08 A.2.b.(3)(c) (C). * * * * * * * * * * * * * b. Neutral lands. Neutral lands shall be governed by the standards set forth in LDC section 2.03.08 A.3. A . .-. . . - In addition to standards in LDC section 2.03.08 A.3., neutral lands located in Section 24, Township 49 South, Range 26 East, shall be governed by the North Belle Meade Overlay in the Future Land Use Element of the GMP. Where there is a conflict between provisions, the GMP overlay provisions Page 13 of 31 Words struck through are deleted,words underlined are added shall apply. - •-•-•••_ . e .o. _ _ • - . -e- - - - - - preserved. SUBSECTION 3.F. AMENDMENTS TO SECTION 3.05.07 PRESERVATION STANDARDS Section 3.05.07 Preservation Standards, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 3.05.07 Preservation Standards * * * * * * * * * * * * * C. Specific standards for the RFMU district. For Lands within the RFMU district, native vegetation shall be preserved through the application of the following preservation and vegetation retention standards and criteria, in addition to the generally applicable standards and criteria set forth in LDC section 3.05.07 A (above). Further, for the portion of the Lake Trafford/Camp Keais Strand System located within the Immokalee Urban Designated Area, native vegetation shall be preserved on site through the application of the Neutral Lands standards established in LDC section 3.05.07 C.2 (below). * * * * * * * * * * * * * 2. Neutral lands. a. In neutral lands, a minimum of 60% of the native vegetation present, not to exceed 45% of the total site area shall be preserved. b. Exceptions. In those neutral lands located in Section 24, Township 49 South, Range 26 East, in the NBMO, native vegetation shall be preserved as set forth in LDC section 2.03.08 D-C.5.b. SUBSECTION 3.G. AMENDMENTS TO SECTION 4.02.01 DIMENSIONAL STANDARDS FOR PRINCIPAL USES IN BASE ZONING DISTRICTS Section 4.02.01 Dimensional Standards for Principal Uses in Base Zoning Districts, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: Page 14 of 31 Words struckgh are deleted,words underlined are added 4.02.01 Dimensional Standards for Principal Uses in Base Zoning Districts * * * * * * * * * * * * * D. Exemptions and exclusions from design standards. * * * * * * * * * * * * * 13. Permanent emergency generators may be placed within the rear yard of any _ __ . ***•••• _ _ •• _ • - _•• - _- -, . _ _ _ with a 10-foot rear yard setback;. Permanent emergency generators may encroach into side yards up to 36 inches. and within side yards subject to a maximum -- e__•••-• • - •- - e__ e __ -_•- . Generators are not permitted to encroach into required front yards. Above-ground fuel tanks for the generators are subject to the same setbacks; however, underground tanks are not subject to setback requirements. In order to reduce noise during required routine exercising of the generators, this exercising is restricted to operating the generator for no more than 30 minutes weekly during the hours of 9:00 a.m. to 5:00 p.m. and shall not exceed sound level limits for Manufacturing and Industrial uses as set forth in Ordinance 90-17, the Noise Ordinance, as amended. All permanent emergency generators must be equipped with sound attenuating housing to reduce noise. SUBSECTION 3.H. AMENDMENTS TO SECTION 4.02.03 SPECIFIC STANDARDS FOR LOCATION OF ACCESSORY BUILDINGS AND STRUCTURES Section 4.02.03 Specific Standards for Location of Accessory Buildings and Structures, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 4.02.03 Specific Standards for Location of Accessory Buildings and Structures A. For the purposes of this section, in order to determine yard requirements, the term "accessory structure" shall include detached and attached accessory use structures or buildings notwithstanding the attachment of such structure or building containing the accessory use to the principal use structure or building. Accessory buildings and structures must be constructed simultaneously with or following the construction of the Page 15 of 31 Words struck through are deleted, words underlined are added } principal structure and shall conform with the following setbacks and building separations. Table 3. Dimensional Stand- e e • --- e _-• - - - •* - -- - - e -• A. - -- • - Lots And k - -e -e- - - e.•••* .. .- e -• - Ae. •-- - - • . .e Estates - Estates (E)**. Structure to Front Rear Side Structurc (If Detached) Parking garage or carport, single family SPS 10 feet SPS 10 feet One-story parking structures and/or carports SPS 35 feet SPS 10 feet Multistory parking structures SPS 35 feet SPS 1/1* ¢ Swimming pool and/or screen enclosure SSS 10 feet SPS N (one and two family) • Swimming pool (multi family and SPS 20 feet 15 feet N commercial) 6 Tennis courts (private) (one and two family) SPS 15 feet SPS 10 feet 7- ---. _e_- ••• • .... . , _ -e -0••••- _ - SPS 20 feet 15 feet 20 feet . Utility buildings SPS 10 feet SPS 10 feet s3 - - --, -- e---- - -- SPS 10 feet SPS 10 feet 10. Attached screen porch SPS 10 feet SPS N/A 11. Unlisted accessory SPS S-P-S SPS 10 feet 12. Satellite dish antenna NP 15 feet SPS 10 feet 13. Permanent emergency generators NP 10 feet See Sec. NJA 4.02.01 D.13 N - None. N/A - Not applicable. a - - * - 1 foot of accessory height - 1 foot building separation. ** - All acce.sory structures in Rural Agricultural and Estates zoning districts must meet principal -. A e. _ - ' • * . • _ ** 2 Setbacks Structure to Front Rear Side structure {If Detached) -1-: Parking garage or carport, single family SPS SPS SPS 10 feet One-story parking structures SPS SPS SP-S 10 feet Multistory parking structures SPS SPS SPS 1/1 Swimming pool and/or screen enclosure SPS 10 feet a SPS N {one and two family) 5. Swimming pool (multi family and SPS 20 feet 15 feet N commercial) Tennis courts (private) (one and two SSS 15 feet SPS 10 feet family) Page 16 of 31 Words struck-through are deleted,words underlined are added 7 Tennis courts (multi family and commercial) SSS 35 feet_ SFS 20 feet 8 Boathouses and boat shelters (private} SPS N/A 7.5 feet or 15 10 feet feet See subsection 5.03.06F. Utility buildings SFS SFS 10 feet 10 feet 10. _ _ -- _. _-__- _ -_ SFS 10 feet S-PS N 11. Davits, hoists and lifts N/A N/A 7.5 feet or 15 SSS feet 12. Attached screen porch SFS 10 feet 4 SFS SFS 13. Unlisted accessory SP-S SFS SSS 10 feet 14. Docks, decks and mooring pilings N/AI /A 7.5 feet or 15 N/A feet 15. Boat slips and ramps (private) NIA N/A 7.5 feet NIA 16. Satellite dish antennas NP 15 feet SPS 10 feet 17. Permanent emergency generators See Sec. NP 10 feet ,l 02.01 D.13 NSA 18.Golf clubhouse and maintenance buildings a feet 50 feet 50 feet N/A N - None. N/A - Not applicable. allowed in rear of building only. SPS - Calculated same as principal structure. structure setbacks. 1-1 foot of accessory height - 1 foot of building separation. 2-In those cases where the coastal construction control line is involved, the coastal construction control line will apply. 3-20 feet where swimming pool decks exceed 4-feet in height above top of seawall or top of above the seawall with a maximum of four feet of stem wall exposure, with the rear setback of ten feet. ¢20 feet where floor or deck of porch exceeds 4 feet in height above top of seawall or top of ten feet. inclusive of separately platted buffer tracts. B. Accessory buildings shall not occupy an area greater than five (5) percent of the total lot area in all residential zoning districts, or occupy an area greater than forty (40) percent of any building envelope (i.e., area of lot remaining for building purposes after accounting for required setbacks), whichever is the lesser, provided the total maximum coverage provision of this ordinance for all principal and accessory buildings is not Page 17 of 31 Words struck through are deleted, words underlined are added exceeded. Nothing herein contained shall serve to prevent the construction of an accessory building containing an area of less than 500 square feet provided all yard and building spacing requirements can be met. C. All accessory structures in Rural Agricultural (LA) and Estates (E) zoning districts must meet principal structure setbacks. For accessory structures related to the keeping of animals and livestock in these districts, see LDC section 4.02.07. D. Table of dimensional standards for accessory buildings and structures in zoning districts other than Rural Agricultural (A) and Estates (E): Setbacks Structure to Location Accessory Building/Structure Front Rear Side Structure Lf Detached) Attached porch SPS 10 feet SPS N/A Carports (commercial, SPS SPS SPS 10 feet industrial, and multi-family)' Carports (one- and two-family) SPS 10 feet SPS 10 feet Chickee, barbecue areas SPS 10 feet SPS 10 feet 1/12 with a One-story and multi-story SPS SPS SPS minimum of parking structures _ 10 feet Parking garage (one- and two- SPS 10 feet SPS 10 feet family) Not Permanent emergency permitted 10 feet SPS N/A Non- generators' in front of — Waterfront building Lots and Not Non-Golf Satellite dish antennas permitted 15 feet SPS 10 feet Course in front of Lots building Swimming pool and/or screen enclosure (one- and two- SPS 10 feet SPS None family) Swimming pool (multi-family SPS 20 feet 15 feet None and commercial) Tennis courts (one- and two- SPS 15 feet SPS 10 feet family) Tennis courts (multi-family, SPS 20 feet 15 feet 20 feet and commercial) Trellises, arbors, and similar structures that do not exceed None None None None the maximum fence height in LDC section 5.03.02 Page 18 of 31 Words struck through are deleted,words underlined are added Trellises, arbors, and similar structures that exceed the SPS 10 feet SPS None maximum fence height in LDC section 5.03.02 Unlisted accessory SPS SPS SPS 10 feet Utility buildings SPS 10 feet SPS 10 feet Attached porch where floor or deck of porch are: • In Isles of Capri: Seven feet in height or less above the top of seawall with a maximum of four feet of SPS 10 feet SPS SPS stem wall exposure • In all other areas: Four feet in height or less above top of seawall or top of bank Attached porch where floor or deck of porch are: • In Isles of Capri: More than seven feet in height above the top of seawall or with more than four feet of stem SPS 20 feet SPS SPS wall exposure Waterfront • In all other areas: More Lots and than four feet in height Golf above top of seawall or top Course of bank Lots' Boat slips and ramps (private) N/A N/A 7.5 feet N/A See LDC Boathouses and boat shelters SPS N/A sections 10 feet (private) — 5.03.06 E and F Carports (commercial, SPS SPS SPS 10 feet industrial, and multi-family)' Carports (one- and two- family) SPS SPS SPS 10 feet Chickee, barbecue areas SPS 10 feet SPS 10 feet See LDC sections Davits, hoists, and lifts N/A N/A 5.03.06 None E and F See LDC Docks, decks, and mooring N/A N/A sections N/A pilings — — 5.03.06 — E and F Golf clubhouse and 50 feet 50 feet 50 feet N/A maintenance buildings4 — Page 19 of 31 Words struck through are deleted,words underlined are added One-story and multi-story 1/12 with a parking structures SPS SPS SPS minimum of 10 feet Parking garage (one- and two- SPS SPS SPS 10 feet family) Not Permanent emergency permitted 10 feet SPS N/A generators' in front of building Not Satellite dish antennas permitted 15 feet SPS 10 feet in front of building Swimming pool and/or screen enclosure (one- and two- family) where swimming pool decks are: • In Isles of Capri: Seven feet in height or less above the top of seawall with a SPS 10 feet SPS None maximum of four feet of stem wall exposure • In all other areas: Four feet in height or less above top of seawall or top of bank Swimming pool and/or screen enclosure (one- and two- family) where swimming pool decks are: • In Isles of Capri: More than seven feet in height above the top of seawall or with SPS 20 feet SPS None more than four feet of stem wall exposure • In all other areas: More than four feet in height above top of seawall or top of bank Swimming pool (multi-family SPS 20 feet 15 feet None and commercial) Tennis courts (private) (one- SPS 15 feet SPS 10 feet and two-family Tennis courts (multi-family and SPS 35 feet SPS 20 feet commercial) Trellises, arbors, and similar structures that do not exceed None None None None the maximum fence height in LDC section 5.03.02 Page 20 of 31 Words struck through are deleted,words underlined are added 431811116 .04011111M - Trellises, arbors, and similar structures that exceed the SPS 10 feet SPS None maximum fence height in LDC section 5.03.02 Unlisted accessory SPS SPS SPS 10 feet Utility buildings SPS SPS 10 feet 10 feet Notes: SPS = Calculated same as principal structure for the zoning district. 1 See LDC section 4.02.01 D for exemptions and exclusions from required yards. 2 1 foot of accessory height = 1 foot of building separation. 3 In those cases where the coastal construction control line is involved, the coastal construction control line will apply. 4 The setback shall apply to external boundaries of the golf course district, and shall be inclusive of separately platted buffer tracts. SUBSECTION 3.1. AMENDMENTS TO SECTION 4.02.04 STANDARDS FOR CLUSTER RESIDENTIAL DESIGN Section 4.02.04 Standards for Cluster Residential Design, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 4.02.04 Standards for Cluster Residential Design * * * * * * * * * * * * * C. Conditional uses approved for cluster development may reduce the lot area, lot width, and yard requirements within a zoning district, subject to the criteria enumerated in this section. The lot area, lot width, coverage, and yard regulations of the residential zoning district in which the cluster development is located shall be used as the basis for all computations of allowed reductions. The following reductions in lot area, lot width, coverage and yard regulations of the underlying zoning district shall be permissible pursuant to the grant of a conditional use for cluster development. * * * * * * * * * * * * * 2. The following site design and dimensional standards shall apply to cluster development: Table 5-3. Table of Design Standards for Cluster Development. * * * * * * * * * * * * * Page 21 of 31 Words struck through are deleted, words underlined are added SUBSECTION 3.J. AMENDMENTS TO SECTION 4.02.06 STANDARDS FOR DEVELOPMENT IN AIRPORT ZONES Section 4.02.06 Standards for Development in Airport Zones, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 4.02.06 Standards for Development in Airport Zones * * * * * * * * * * * * * D. The width of each primary surface is as follows: Table 6-4. Primary Surface Width * * * * * * * * * * * * * E. Horizontal zone. A horizontal plane 150 feet above the established airport elevation, the perimeter of which is constructed by swinging arcs for specified radii from the center of each end of the primary surface of each runway of each airport and connecting the adjacent arcs by lines tangent to those arcs. The radius of each arc is as follows: Table 7-5. Horizontal Zone Radius * * * * * * * * * * * * * H. Approach zone. The approach zone is an area longitudinally centered on the extended runway centerline and extending outward and upward from each end of the primary surface. An approach zone is designated for the end of each runway based upon the type of approach available or planned for that runway end. 1. Approach zone width. The inner edge of the approach zone is the same width as the primary surface. The outer width of the approach zone is prescribed for the most precise approach existing or planned for that runway end expanding uniformly to the following widths: Table 8-6. Approach Zone Width (feet) * * * * * * * * * * * * * 2. Approach zone lengths. The approach zone extends for the applicable horizontal distance as follows: Table 9-7. Approach Zone Length (feet). * * * * * * * * * * * * * 3. Approach zone height. Permitted height limitation within the approach zone shall not exceed the runway end height at the inner edge and increases uniformly with horizontal distance outward from the inner edge as follows: Page 22 of 31 Words struck through are deleted, words underlined are added Table 1-0-8. Approach Zone Height. * * * * * * * * * * * * * SUBSECTION 3.K. AMENDMENTS TO SECTION 4.02.14 DESIGN STANDARDS FOR DEVELOPMENT IN THE ST AND ACSC-ST DISTRICTS Section 4.02.14 Design Standards for Development in the ST and ACSC-ST Districts, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 4.02.14 Design Standards for Development in the ST and ACSC-ST Districts A. All development orders issued within the Big Cypress Area of Critical State Concern Special Treatment Overlay (ACSC-ST) shall comply with the Florida Administrative Code, as amended, Boundary and Regulations for the Big Cypress Area of Critical State Concern, except as provided by Agreement pursuant to Chapter 380.032(3), F.S. * * * * * * * * * * * * * C. Site alteration within the ACSC-ST. * * * * * * * * * * * * * 3. Soils exposed during site alteration shall be stabilized and retention ponds or performance equivalent structures or system maintained in order to retain runoff and siltation on the construction site. Restoration of vegetation to site alteration areas shall be substantially completed within 180 days following completion of a development. Revegetation shall be accomplished with preexisting species except that undesirable exotic species shall not be replanted or propagated. Undesirable Eexotic species included are those enumerated in LDC section 3.05.08 of this code and the following:- a. Bishopwood (Bischofia iavanica); b. Castor bean (Ricinus communis); c. Common papaya (Carica papaya); d. Common snakeplant (Sanseviera trifasciata); e. Day jessamine (Cestrum diurnum); f. Hunters robe (Raphidophora aurea); q. Queensland umbrella tree (Schefflera actinophylla); h. Trailing wedelia (Wedelia trilobata). Page 23 of 31 Words struck through are deleted, words underlined are added 4. No mangrove trees or salt marsh grasses shall be destroyed or otherwise altered. Plants specifically protected by this regulation include: all wetland plants listed by the Florida DEP in the Florida Administrative Code. a. Red mangrove (Rhizophora mangle); b. Black mangrove (Avicennia nitida); c. White mangrove (Laquncularia racemosa); d. Needlerush (Juncus roemerianus); e. Salt cordgrasses (Spartina alterniflora, S. patens, S. cynosuroides, S. spartinae); f. Seashore saltqrass (Distichlis spicata). * * * * * * * * * * * * * SUBSECTION 3.L. AMENDMENTS TO SECTION 4.03.04 LOT LINE ADJUSTMENT AND LOT SPLIT Section 4.03.04 Lot Line Adjustment and Lot Split, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 4.03.04 Lot Line Adjustment and Lot Split A. Generally. Only lot line adjustments or lot split requests meeting the applicable land development regulations, including the minimum lot area and lot dimensions for the existing zoning district, may be approved. The approval does not become effective until the lot line adjustment or lot split is recorded with the Clerk of Courts in the Official Records of Collier County, Florida. A B. Lot Line Adjustment. An adjustment of a lot line between contiguous lots or parcels which may be platted or unplatted and which are under separate ownership or the same ownership shall be exempt from this section if all of the following conditions are met. The Administrative Code shall establi-sh the procedures and submittal requirements for obtaining a lot line adjustment. The lot line adjustment shall be recorded with the Clerk of Courts within 12 months of approval by the County Manager or designee, and a copy of the recorded document shall be provided to the Growth Management Department. 1. It is demonstrated that the request is to correct an engineering or surveying error in a recorded plat or is to permit an insubstantial boundary change between adjacent parcels; and Page 24 of 31 Words struck through are deleted, words underlined are added 2. Both landowners whose lot lines are being adjusted provide written consent to the lot line adjustment; and 3. Instrument(s) evidencing the lot line adjustment shall be filed in the official records of Collier County, Florida, upon approval, and shall indicate that the result of the lot line adjustment will meet the standards of, and conforms to, the requirements of this LDC, including the dimensional requirements of the zoning district and the subdivision in which the lots are located. However, in cases of an existing nonconforming lot of record, the adjustment shall not increase the nonconformity of the lot; and 4. It is demonstrated that the lot line adjustment will not affect the development rights or permitted density or intensity of use of the affected lots by providing the opportunity to create a new lot(s) for resale or development. B C. Lot Split. All lots must have frontage on a public or private right-of-way, with the exception of-1- one division of a single platted lot or otherwise established lot of record in the Rural Agricultural or Estates zoning district into 2 two lots. Any such lot split may utilize an access easement to satisfy access, and frontage requirements for the lot which would not otherwise have street frontage. 1. The width of such access easement may not be less than 12 feet and may be required to be wider at the discretion of Collier County staff, to accommodate safe access and turning movements, stormwater drainage pipes and the like. Access easement standards for Golden Gate Estates lot divisions shall be per LDC section 4.03.06. 2. The number of access points to a public right-of-way shall not be increased as a result of the lot split if, in the opinion of the county staff, safe and sufficient access may be accomplished with fewer access points than existed prior to the proposed lot split. 3. The access easement will create a front yard for setback purposes for all lots abutting the access easement. In cases where access is presently provided by an access easement to existing lots of record in any zoning district which are not part of a recorded or unrecorded subdivision, this easement will serve to satisfy access and frontage requirements for those lots, and yards abutting the easement will be considered front yards for setback purposes. 4. The further split or division of a lot, parcel, or any lot of record into 2 two proposed parcels must be reviewed and approved by the County prior to any subsequent development orders or development permits issued or approved. Page 25 of 31 Words struckgh are deleted, words underlined are added Evidence of the County approved lot split shall be provided to the Property Appraiser or Clerk of Courts for their consideration and record-keeping. The lot split shall be recorded with the Clerk of Courts within 12 months of approval by the County Manager or designee, and a copy of the recorded document shall be provided to the Growth Management Department. a. The Administrative Code shall establish the procedures and submittal requirements for obtaining a lot split. b. Appropriate access to the resulting parcels from the public road network shall be demonstrated, and where necessary, may require appropriate easements for joint or cross access to be recorded before an approved lot split becomes effective. c. Only lot split requests meeting the applicable land development regulations, specifically including the minimum lot area and lot dimensions for the existing zoning district, may be approved, but do not become effective until evidence of the County approved lot split is also - A - - •-• consideration - consideration and record keeping, as may be applicable. D. The Administrative Code shall establish the application process and submittal requirements to obtain a lot line adjustment or lot split. X X X X X * * X * * X X X SUBSECTION 3.M. AMENDMENTS TO SECTION 6.01.05 SOIL EROSION AND SEDIMENT CONTROL PLAN Section 6.01.05 Soil Erosion and Sediment Control Plan, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 6.01.05 Soil Erosion and Sediment Control Ran A. Soil Erosion and Sediment Control Plan. For new and existing development and construction approved pursuant to the provisions of LDC sections 10.02.03, 10.02.04 and 10.02.05, a soil erosion and sediment control plan shall be prepared and submitted for approval with the required construction documents for each proposed project as prescribed by objective 5.4 and policy 5.4.1 of the Conservation and Coastal Management Element of the Collier County Growth Management Plan. Page 26 of 31 Words struck through are deleted, words underlined are added 1. Application. The Administrative Code shall establish the procedure and submittal requirements for a Soil Erosion and Sediment Control Plan. B. Developments not requiring a Soil Erosion and Sediment Control Plan shall implement and maintain best management practices in accordance with the Florida Stormwater Erosion and Sedimentation Control Manual for sediment and soil erosion control, to prevent the transport of sediment and pollutants off site. 1. All sediment and soil erosion control devices shall be installed prior to the commencement of construction for demolition, renovation, alteration, construction, stockpiling of fill, lot clearing or grading. 2. During construction activities, the applicant shall remove any pollutant, silt, debris, or dirt resulting from the construction activities that accumulates off site or within any stormwater management system, including but not limited to swales, lakes, ponds, canals, and waterways. 3. Debris generated on site, including but not limited to building materials, concrete truck wash-out, litter, and sanitary waste shall be stored, secured, or otherwise controlled on site. * * * * * * * * * * * * * SUBSECTION 3.N. AMENDMENTS TO SECTION 9.04.04 SPECIFIC REQUIREMENTS FOR MINOR AFTER-THE-FACT ENCROACHMENT Section 9.04.04 Specific Requirements for Minor After-the-Fact Encroachment, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 9.04.04 Specific Requirements for Minor After-the-Fact Encroachment Minor after-the-fact yard encroachments for structures, including principal and accessory structures, may be approved administratively by the County Manager or designee. Exceptions to required yards as provided for within LDC section 4.02.01..-_D shall not be used in the calculations of existing yard encroachments. * * * * * * * * * * * * * B. For both residential and non-residential structures, the County Manager or designee may administratively approve minor after-the-fact yard encroachments of up to ten {10) percent of the required yard with a maximum of two {2) feet when a building permit and Page 27 of 31 Words struck through are deleted,words underlined are added certificate of occupancy has been granted. The encroachment applies to the yard requirement in effect as of the date the building permit was issued. 1. Exception. Residential structures shall be deemed compliant with the applicable development standards and no variance shall be required when the following additional conditions apply: a. The building permit and certificate of occupancy were approved in compliance with the required setbacks in effect at that time; b. The encroachment does not exceed three inches into the required yard; c. The only portion of the structure encroaching into the required yard is the exterior wall treatment; and d. The required structure to structure separation, as identified in LDC section 4.02.02, is satisfied. SUBSECTION 3.0. AMENDMENTS TO SECTION 10.01.02 DEVELOPMENT ORDERS REQUIRED Section 10.01.02 Development Orders Required, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 10.01.02 Development Orders Required * * * * * * * * * * * * * B. Early Work Authorization (EWA). An EWA permit allows for limited development activities before a development order is issued provided all underlying zoning approvals are in place. The Administrative Code shall establish the submittal requirements to obtain an EWA permit. * * * * * * * * * * * * 2. The County may issue an EWA permit for the allowed activities, subject to demonstrated compliance with the following criteria, as applicable: a. The proposed vegetation removal complies with LDC section 3.05.05 0; b. County right-of-way permit has been approved; c. A determination of native vegetation to be retained for landscaping which would comply with LDC section 4.06.00; d. An excavation permit has been approved; Page 28 of 31 Words stfuek—thr-ough are deleted,words underlined are added e. A Soil Erosion and Sediment Control Plan demonstrating compliance with the provisions of LDC section 6.01.05; f. Copies of all approved Agency permits being submitted, including, but not limited to: SFWMD, ACOE, USFWS, and FFWCC; g. Determination of legal sufficiency of the EWA permit by the County Attorney's Office; #g. A vegetation bond in the form of a performance bond, letter of credit, or cash bond and in the amount of $2,000.00 per acre is posted for stabilization with vegetation in accordance with LDC section 4.06.04 A.3; i h. Assurance that all underlying zoning approvals are in place (e.g. PUD, C.U., etc.); } i_ The EWA permit is valid for 60 days with the possibility of two 60-day extensions dependent on the reason for the inability to gain proper approvals. After that time, cleared areas must be graded off and hydro- seeded. Where more time is needed, a new EWA may be requested; k I. All preliminary construction activities are at the risk of the developer. SUBSECTION 3.P. AMENDMENTS TO SECTION 10.02.09 REQUIREMENTS FOR TEXT AMENDMENTS TO THE LDC Section 10.02.09 Requirements for Text Amendments to the LDC, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 10.02.09 Requirements for Text Amendments to the LDC A. Text Amendments to the LDC. 1. Amendments to the LDC may be made no more than twice during the calendar County Commi.sioners, by at least a super majority vote, directs that additional amendments be made for specific purposes. 2 1. The LDC may only be amended in such a way as to preserve the consistency of the LDC with the Growth Management Plan. 3 2. The Administrative Code shall establish the submittal requirements for LDC amendments. Page 29 of 31 Words struck through are deleted, words underlined are added * X X * * * X X * X * X X SECTION FOUR: ADOPTION OF AMENDMENTS TO THE COLLIER COUNTY ZONING ATLAS The amended Zoning Map Numbers 522930, 2033N, 2033S, 2034N, 2034S attached as Exhibit A are hereby adopted. SECTION FIVE: CONFLICT AND SEVERABILITY In the event that any provisions of this ordinance should result in an unresolved conflict with the provisions of the Land Development Code (LDC) or Growth Management Plan (GMP), the applicable provisions of the LDC or GMP shall prevail. In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court 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 SIX: INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE The provisions of this Ordinance shall become and be made a part of the Land Development Code of Collier County, Florida. The sections of the Ordinance may be renumbered or re-lettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION SEVEN: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Florida Department of State. Page 30 of 3 l Words struck through are deleted,words underlined are added PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this 24th day of April, 2018. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK OF COLLIE' O. NTY, FLO' I �A. By: � V `. ► a By:. A i Attest as to Chairman'b' p �,° ANDY SOLIS, Chairman signature only. Approved as to form and legality: ,r,_ lir Scott A. Stone Assistant County Attorney 04-CMD-01077/1776 (3/19/18) This ordinance filed with the Secretary of Stt:te;� Office the A e2(0vday of '-----, — , and acknowledgement of that film received this day of —IP/ef . By I _L._Al.,11 0:i'Ci•rk •' Page 31 of 31 IP Words struck through are deleted, words underlined are added m 1 5228 1 T 52 S R28E 1 / R29E I I I m m O z m N n 0 2 11 o r m vi N Ll m 70 ro y o 0 8 I m X c F. 0 PAKANATCNEE STATE PARK D D I H A 5 1 m P i a e z M F ^ATCNCt Br�Np A 71 - 1 : ! : 3-8-84 ti 9 ,9.,289 fa Poi ,o 26-121,0-08 CN-03-ARde47 06-10 N y Cr 7,...40 . , _ ___... 1_1. .: „„,,i.......,g IV •A „ 1� I I i��\� l i 1�' I R29E \ R29E \ \��L.y�...' ._..._._..._.. 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OSPREY CANAL ' N u CO S o L- J 5 0 ; z E m m LONI GNOTES mi ►n1 Roam SI-700 �//////(//Y P'f s I o - 1:// C) O V1 1 Oae Z o CD D W oNp<� j y Am�TDm mmOmmoO mm OZOO ]10()ZZ o7<Om4)A mz�py= ?wpym oommm mO py Zm�OD 2 ;On D wm-ym C) �7 pNO0O m mo � o z oo�mx wR zsmpm '€o Z m - -u C> C 0 z r c -i { < O m p m n z m m r ' Z O EM Z7 ZA z 0 0 O D N O 203536 z LAST REVISION: ZONING OTHER 2033S m _ f S C S S S S Y ■ I ■ S Y b Y Y i i S S S S OSPREY CANAL J m C n O N 0 z m m x =0,1505050� �a. m � X `/4/4 c- • O A iry 0 (.0 Z C V 1 0 CJI D zypj�z pm<TDln mz m� mm°h8 AOc)ZZ Zmopmzm O� G)7) qr. mNmp mZp OZA�m� Z z OD Z 1 r z>mm= O0m y-Oz��0 Dm�OD C) OOPZD D Wm�ym C) ONpOO P O m DN N y y y z ZnmOm Z C) 2 Cn O -f ? P zm j G) 0 C) m w < O 8- m C Z m z ? m C N m r Z 0 22 AT a 0 0 0).. V 0 0 D N O 303536 • z ems mirA .w FLORIDA DEPARTMENT Of STATE RICK SCOTT KEN DETZNER Governor Secretary of State April 26, 2018 Honorable Dwight E. Brock Clerk of the Circuit Court Collier County Post Office Box 413044 Naples, Florida 34101-3044 Attention: Martha Vergara Dear Mr. Brock: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 18-18, which was filed in this office on April 26, 2018. Sincerely, Ernest L. Reddick Program Administrator ELR/lb R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 www.dos.state.fl.us