Ordinance 2018-32 ORDINANCE NO. 18 — 32
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, TO PROVIDE FOR ASSISTED LIVING FACILITIES
OR NURSING HOMES TO INCLUDE ADDITIONAL REQUIREMENTS
FOR EMERGENCY ENVIRONMENTAL CONTROL PLANS, AND TO
ALLOW YARD ENCROACHMENTS AND REDUCED PLANTING AREAS
FOR PERMANENT EMERGENCY GENERATORS AT FACILITIES WITH
FUEL PUMPS AND ASSISTED LIVING FACILITIES OR NURSING
HOMES, 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 FOUR —
SITE DESIGN AND DEVELOPMENT STANDARDS, INCLUDING
SECTION 4.02.01 DIMENSIONAL STANDARDS FOR PRINCIPAL USES
IN BASE ZONING DISTRICTS, SECTION 4.05.04 PARKING SPACE
REQUIREMENTS, SECTION 4.06.05 GENERAL LANDSCAPING
REQUIREMENTS; CHAPTER FIVE — SUPPLEMENTAL STANDARDS,
INCLUDING SECTION 5.05.04 GROUP HOUSING; CHAPTER TEN —
APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES,
INCLUDING SECTION 10.02.03 REQUIREMENTS FOR SITE
DEVELOPMENT, SITE IMPROVEMENT PLANS AND AMENDMENTS
THEREOF; SECTION FOUR, CONFLICT AND SEVERABILITY;
SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND
DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE.
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2004, adopted Ordinance No. 04-41, which repealed and superseded Ordinance No. 91-102, as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
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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 Collier County Planning Commission, sitting as the land planning agency,
did hold advertised public hearings on May 3, 2018 and May 17, 2018, and reviewed the proposed
amendments for consistency with the Comprehensive Plan and did recommend approval; and
WHEREAS, the Board of County Commissioners, in a manner prescribed by law, did hold
an advertised public hearing on June 26, 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 et seq.), and F.S. § 125.01(1)(t) and (1)(w); and
WHEREAS, this ordinance is adopted pursuant to the constitutional and home rule powers
of Fla. Const. Art. VIII, § 1(g); and
WHEREAS, all applicable substantive and procedural requirements of the law have
otherwise been met.
NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier
County, Florida, that:
SECTION ONE: RECITALS
The foregoing Recitals are true and correct and incorporated by reference herein as if fully
set forth.
SECTION TWO: FINDINGS OF FACT
The Board of Commissioners of Collier County, Florida, hereby makes the following
findings of fact:
1. Collier County, pursuant to § 163.3161, et seq., F.S., the Florida Community
Planning Act (herein after the "Act"), is required to prepare and adopt a comprehensive plan.
2. After adoption of the Comprehensive Plan, the Act and in particular§ 163.3202(1).
F.S., mandates that Collier County adopt land development regulations that are consistent with
and implement the adopted comprehensive plan.
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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 shall be consistent with such
comprehensive plan or element as adopted.
8. Pursuant to § 163.3194(3)(a), F.S., a development order or land development
regulation shall be consistent with the comprehensive plan if the land uses, densities or
intensities, 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
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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
SUBSECTION 3.A. 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:
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 with a 10-
foot rear yard setback. Permanent emergency generators may encroach into side
yards up to 36 inches. 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
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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.
a. Facilities with fuel pumps. Permanent emergency generators and related
fuel storage installed at existing facilities with fuel pumps may encroach
into any required side or rear yards, provided the encroachment does not
create a hazard to pedestrian or vehicular traffic.
b. Assisted living facilities and nursing homes. Permanent emergency
generators and related fuel storage installed at existing assisted living
facilities or nursing homes that are subject to LDC section 5.05.04 E. may
encroach into any required side or rear yards or buffers, provided the
encroachment does not create a hazard to pedestrian or vehicular traffic.
* * * * * * * * * * * * *
SUBSECTION 3.B. AMENDMENTS TO SECTION 4.05.04 PARKING SPACE REQUIREMENTS
Section 4.05.04 Parking Space Requirements, of Ordinance 04-41, as amended, the Collier
County Land Development Code, is hereby amended to read as follows:
4.05.04 Parking Space Requirements
* * * * * * * * * * * * *
F. Minimum requirement.
1. Irrespective of any other requirement of this LDC, each and every separate
individual store, office, or other business shall be provided with at least one (1)
off-street parking space, unless specific provision is made to the contrary.
2. Existing facilities with fuel pumps that meet the off-street parking requirements
of LDC section 4.05.04 G. may remove one required off-street parking space to
accommodate the installation of a permanent emergency generator and related
fuel storage and screening.
3. Existing assisted living facilities or nursing homes that are subject to LDC section
5.05.04 E. and that meet the required off-street parking requirements of LDC
section 4.05.04 G., may remove up to 10 off-street parking spaces to
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accommodate the installation of a permanent emergency generator and related
fuel storage and screening.
2-4. The County Manager or designee may determine the minimum parking
requirements for a use which is not specifically referenced below or for which an
applicant has provided evidence that a specific use is of such a unique nature that
the applicable minimum parking ratio listed in this LDC should not be applied. In
making such a determination the County Manager or designee may require
submission of parking generation studies; evidence of parking ratios applied by
other counties and municipalities for the specific use; reserved parking pursuant
to section 4.05.05; and other conditions and safeguards deemed to be appropriate
to protect the public health, safety and welfare.
SUBSECTION 3.C. AMENDMENTS TO SECTION 4.06.05 GENERAL LANDSCAPING
REQUIREMENTS
Section 4.06.05 General Landscaping Requirements, of Ordinance 04-41, as amended, the
Collier County Land Development Code, is hereby amended to read as follows:
4.06.05 General Landscaping Requirements
* * * * * * * * * * * * *
C. Building foundation plantings. All commercial buildings, residential buildings with 3 or more
units, and retail and office uses in industrial buildings shall provide building foundation
plantings in the amount set forth in table 4.06.05.C. and illustration 4.06.05.C. These
planting areas shall be located adjacent to building entrance(s), primary façades, and/or
along façades facing a street. For projects subject to architectural design standards, see
LDC sections 5.05.08 E.—F. for related provisions.
* * * * * * * * * * * * *
10. Existing facilities with fuel pumps may reduce the required building foundation
planting area to accommodate the installation of a permanent emergency
generator and related fuel storage and screening. The reduction in building
foundation planting area shall be less than or equal to the total area that is required
to accommodate the generator and related fuel storage and screening.
11. Existing assisted living facilities or nursing homes subject to LDC section 5.05.04
E. may reduce the required building foundation planting area to accommodate the
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installation of a permanent emergency generator and related fuel storage and
screening. The reduction in building foundation planting area shall be less than or
equal to the square feet required to accommodate the generator and related fuel
storage and screening.
SUBSECTION 3.D. AMENDMENTS TO SECTION 5.05.04 GROUP HOUSING
Section 5.05.04 Group Housing, of Ordinance 04-41, as amended, the Collier County Land
Development Code, is hereby amended to read as follows:
5.05.04 Group Housing
E. Emergency Environmental Control Plans. In accordance with Rules 58A-5.036 and 59A-
4.1265, F.A.C., as amended, Emergency Environmental Control Plans for assisted living
facilities and nursing homes, as defined by §§ 400 and 429 F.S., shall be submitted as a
supplement to its Comprehensive Emergency Management Plan, to the Bureau of
Emergency Services - Emergency Management Division.
1. The Emergency Environmental Control Plans shall include the following
information, in addition to the requirements identified in Rules 58A-5.036 and 59A-
4.1265, F.A.C., as amended:
a. Primary evacuation locations, either within or outside the county, and a
secondary location outside of the county.
b. Finished floor elevation of the first and second floors of all structures.
c. Permanent emergency generator or alternate power sources. Assisted
living facilities or nursing homes, as defined by §§ 400 and 429 F.S., shall
install permanent emergency generators or an alternate power source to
ensure ambient air temperatures will be maintained at or below 81 degrees
Fahrenheit for a minimum of 96 hours in the event of the loss of primary
electrical power.
If a permanent emergency generator is used the following shall be
required:
a) Permanent emergency generator specifications.
i) Permanent emergency generators and the
associated fuel supply shall be sized to ensure
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compliance with §§ 58A-5.036 F.A.C., as amended,
for assisted living facilities and 59A-4.1265 F.A.C.,
as amended, for nursing homes.
ii) Permanent emergency generators shall be installed,
tested and maintained in accordance with NFPA 99
Health Care Facilities Code, and NFPA 110,
Standard for Emergency and Standby Power
Systems.
b) Regular testing and inspections required. Permanent
emergency generators shall be tested under load as
required by §§ 58A-5.036 F.A.C., as amended, for assisted
living facilities and 59A-4.1265 F.A.C., as amended, for
nursing homes, and by manufacturer's specifications, and
be inspected a minimum of once per year. Each facility shall
keep a written statement on site attesting to the regular
maintenance, third-party testing and inspection of the
generator and fuel system by a service organization
authorized by the manufacturer.
ii. Submittal Requirements.
a) Manufacturer's specifications of the permanent emergency
generator.
b) Calculations demonstrating adequacy of fuel supply to
comply with §§ 58A-5.036 F.A.C., as amended, for assisted
living facilities and 59A-4.1265 F.A.C., as amended, for
nursing homes.
d. Backup connectivity. A power transfer switch or automatic transfer switch
shall be installed to accommodate a secondary or back-up generator
connection point in the event of failure for the permanent emergency
generator or alternate power source.
2. Emergency Environmental Control Plans shall be reviewed and approved by the
Bureau of Emergency Services - Emergency Management Division.
3. The Plan shall be resubmitted to the County annually from the date of original
submittal, or at the time of a change of ownership of the facility, or after a
modification to a previously approved Plan.
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4. Notification of Plan submittal shall be in accordance with Rules 58A-5.036 and
59A-4.1265, F.A.C., as amended.
* * * * * * * * * * * * *
SUBSECTION 3.E. AMENDMENTS TO SECTION 10.02.03 REQUIREMENTS FOR SITE
DEVELOPMENT, SITE IMPROVEMENT PLANS AND AMENDMENTS
THEREOF
Section 10.02.03 Requirements for Site Development, Site Improvement Plans and Amendments
thereof, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby
amended to read as follows:
10.02.03 Requirements for Site Development, Site Improvement Plans and Amendments Thereof
* * * * * * * * * * * * *
D. Site Development Plan Requirements (SDP). A pre-application meeting shall be
conducted by the County Manager or designee prior to the submission of any site
development plan for review. This meeting may be waived by the County Manager or
designee upon the request of the applicant.
1. Application. The Administrative Code shall establish the process and submittal
requirements for a site development plan. A site development plan application
shall include, but not be limited to, the following information in order to illustrate
compliance with LDC standards and other State, Federal, and local agency
requirements.
a. Zoning designation of the subject and adjacent properties.
b. Site plan with existing and proposed buildings and structures, including
equipment, permanent emergency generators and related fuel storage
and screening, dimensions, heights, setbacks, and separations. Parking,
open space, preserves, and other applicable land uses shall be identified
on the site plan.
c. Architectural plans.
* * * * * * * * * * * * *
SECTION FOUR: CONFLICT AND SEVERABILITY
In the event that any provisions of this ordinance should result in an unresolved conflict
with the provisions of the Land Development Code (LDC) or Growth Management Plan (GMP),
the applicable provisions of the LDC or GMP shall prevail. In the event this Ordinance conflicts
with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply.
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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 re-lettered to accomplish such, and the word "ordinance" may be changed to"section,""article,"
or any other appropriate word.
SECTION SIX: EFFECTIVE DATE
This Ordinance shall become effective upon filing with the Florida Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this 26th day of June, 2018.
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL, INTERIM CLERK OF COLLIE' 0 TY, FLO:
ems'
By. l_ - By. 4
Deputy Clerk FA NDY SOLIS, Chairman
Attest as to Chairman's
signature 1vt
Appro d as t d'rm and legality:
Scott A. Stone
Assistant County Attorney
04-CMD-01077/1782 (6/26/18) This ordinance filed with tht
,*Ary of State's Office e
day of +5u ,
and acknowledgement enthat
filin eceived this 2-Z day
of Ui 4; 3-06.
By &a.v —tL
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ff' M
q
FLORIDA DEPARTMENT Of STATE
RICK SCOTT KEN DETZNER
Governor Secretary of State
June 27, 2018
Honorable Dwight E. Brock
Clerk of the Circuit Court
Collier County
Post Office Box 413044
Naples, Florida 34101-3044
Attention: Ann Jennejohn
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. 18-32,which was filed in this office on June 27, 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