Ordinance 2020-016ORDINANCE NO. 20 -16
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 AMEND THE TIMING OF REQUIRED
INSPECTIONS FOR COMMUNICATIONS TOWERS, TO ADD A
NOMINAL ALTERATION PLAN TO SIMPLIFY THE REVIEW OF
CERTAIN CHANGES TO SITE DEVELOPMENT PLANS, TO LIMIT
ARCHITECTURAL LIGHTING ON BUILDINGS AND LIGHTING ON CAR
WASH EQUIPMENT, TO CLARIFY PUBLIC NOTICE PROVISIONS FOR
CERTAIN LAND USE PETITIONS, AND TO CORRECT CITATIONS AND
UPDATE TEXT, 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 2.03.05 CIVIC AND INSTITUTIONAL ZONING DISTRICTS,
SECTION 2.03.07 OVERLAY ZONING DISTRICTS, SECTION 2.03.08
RURAL FRINGE ZONING DISTRICTS; CHAPTER FOUR - SITE DESIGN
AND DEVELOPMENT STANDARDS, INCLUDING SECTION 4.06.02
BUFFER REQUIREMENTS; CHAPTER FIVE - SUPPLEMENTAL
STANDARDS, INCLUDING SECTION 5.03.06 DOCK FACILITIES,
SECTION 5.05.08 ARCHITECTURAL AND SITE DESIGN STANDARDS,
SECTION 5.05.09 COMMUNICATIONS TOWERS, SECTION 5.05.11
CARWASHES ABUTTING RESIDENTIAL ZONING DISTRICTS;
CHAPTER NINE - VARIATIONS FROM CODE REQUIREMENTS,
INCLUDING SECTION 9.04.04 SPECIFIC REQUIREMENTS FOR MINOR
AFTER -THE -FACT ENCROACHMENTS; CHAPTER TEN -
APPLICATION, REVIEW, AND DECISION -MAKING PROCEDURES,
INCLUDING SECTION 10.02.03 REQUIREMENTS FOR SITE
DEVELOPMENT, SITE IMPROVEMENT PLANS AND AMENDMENTS
THEREOF, SECTION 10.03.06 PUBLIC NOTICE AND REQUIRED
HEARINGS FOR LAND USE PETITIONS; APPENDIX A STANDARD
PERFORMANCE SECURITY DOCUMENTS FOR REQUIRED
IMPROVEMENTS; AND APPENDIX C FINAL SUBDIVISION PLAT,
REQUIRED CERTIFICATIONS AND SUGGESTED TEXT AND FORMATS
FOR OTHER REQUIRED INFORMATION; SECTION FOUR, CONFLICT
AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER
COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX,
EFFECTIVE DATE.
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Recitals
WHEREAS, on October 30, 1991, the Collier County Board of County Commissioners
adopted Ordinance No. 91-102, the Collier County Land Development Code (hereinafter LDC),
which was subsequently amended; and
WHEREAS, the Collier County Board of County Commissioners (Board) on June 22,
2004, adopted Ordinance No. 04-41, which repealed and superseded Ordinance No. 91-102, as
amended, the Collier County Land Development Code, which had an effective date of October
18,2004;and
WHEREAS, 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 November 21, 2019, and December 19, 2019,
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 9, 2020, 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(l)(t) and (1)(w); and
WHEREAS, this ordinance is adopted pursuant to the constitutional and home rule
powers of Fla. Const. Art. VI 11, § 1 (g); and
WHEREAS, all applicable substantive and procedural requirements of the law have
otherwise been met.
NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of
Collier County, Florida, that:
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SECTION ONE: RECITALS
The foregoing Recitals are true and correct and incorporated by reference herein as if
fully set forth.
SECTION TWO: FINDINGS OF FACT
The Board of Commissioners of Collier County, Florida, hereby makes the following
findings of fact:
1 . Collier County, pursuant to § 163.3161, et seq., F.S., the Florida Community
Planning Act (herein after the "Act"), is required to prepare and adopt a comprehensive plan.
2. After adoption of the Comprehensive Plan, the Act and in particular §
163.3202(l). 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(l)(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 "GIVIP") as its comprehensive
plan pursuant to the requirements of § 163.3161 et seq., F.S.
7. Section 163.3194(l)(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,
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policies, land uses, densities, or intensities in the comprehensive plan and if it meets all other
criteria enumerated by the local government.
9. Section 163.3194(3)(b), F.S., states that a development approved or undertaken
by a local government shall be consistent with the comprehensive plan if the land uses,
densities or intensities, capacity or size, timing, and other aspects of development are
compatible with, and further the objectives, policies, land uses, densities, or intensities in the
comprehensive plan and if it meets all other criteria enumerated by the local government.
10. On October 30, 1991, Collier County adopted the Collier County Land
Development Code, which became effective on November 13, 1991. The Land Development
Code adopted in Ordinance 91-102 was recodified and superseded by Ordinance 04-41.
11. Collier County finds that the Land Development Code is intended and necessary
to preserve and enhance the present advantages that exist in Collier County; to encourage the
most appropriate use of land, water and resources consistent with the public interest; to
overcome present handicaps; and to deal effectively with future problems that may result from
the use and development of land within the total unincorporated area of Collier County and it is
intended that this Land Development Code preserve, promote, protect and improve the public
health, safety, comfort, good order, appearance, convenience and general welfare of Collier
County; to prevent the overcrowding of land and avoid the undue concentration of population; to
facilitate the adequate and efficient provision of transportation, water, sewerage, schools,
parks, recreational facilities, housing and other requirements and services; to conserve,
develop, utilize and protect natural resources within the jurisdiction of Collier County; to protect
human, environmental, social and economic resources; and to maintain through orderly growth
and development, the character and stability of present and future land uses and development
in Collier County.
12. It is the intent of the Board of County Commissioners of Collier County to
implement the Land Development Code in accordance with the provisions of the Collier County
Comprehensive Plan, Chapter 125, Fla. Stat., and Chapter 163, Fla. Stat., and through these
amendments to the Code.
SECTION THREE: ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE
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SUBSECTION 3.A. AMENDMENTS TO SECTION 1.08.02 DEFINITIONS
Section 1.08.02 Definitions, of Ordinance 04-41, as amended, the Collier County Land
Development Code, is hereby amended to read as follows:
1.08.02 Definitions
Abut or abutting: To share a common property line or boundary at any one point.
Accent lighting: Exposed sStrands or tubes of lighting that outline a structure, or to
maintain a common architectural theme to attract attention to any business, service, or other
related functions.
SUBSECTION 3.13. AMENDMENTS TO SECTION 2.03.05 CIVIC AND INSTITUTIONAL
ZONING DISTRICTS
Section 2.03.05 Civic and Institutional Zoning Districts, of Ordinance 04-41, as amended, the
Collier County Land Development Code, is hereby amended to read as follows:
2.03.05 Civic and Institutional Zoning Districts
B. Community Facility District (CF). The purpose and intent of (CF) district is to implement
the GMP by permitting nonresidential land uses as generally identified in the urban
designation of the future land use element. These uses can be characterized as public
facilities, institutional uses, open space uses, recreational uses, water -related or
dependent uses, and other such uses generally serving the community at large. The
dimensional standards are intended to insure compatibility with existing or future nearby
residential development. The CF district is limited to properties within the urban mixed
use land use designation as identified on the future land use map.
1 . The following uses are permitted as of right, or as accessory or conditional uses,
in the community facility district (CF).
a. Permitted uses.
5. Nursing homes, assisted living facilities (ALF) pursuant to §
400.402 F.S. and ch. 58A-5 F.A.C., family care facilities, group
care facilities (category 1) and continuing care FesideRtial
retirement communities pursuant to § 651 F.S. and ch. 4-193
F.A.C. all subject to LDC section 5.05.04.
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SUBSECTION 3.C. 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:
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 Cede pFavisions LDC sections,
unless otherwise noted.
xiii. 4.05.04 �4 G (Spaces Required) Table 17 and 4.05.06 B Loading
Space Requirements, utilizing the existing administrative deviation
process set forth in LDC section 4.05.04 G-.2-. FA., recognizing
that the reduced need for off-street parking in Immokalee may be
offered as a viable basis for such administrative deviation.
SUBSECTION 3.10. AMENDMENTS TO SECTION 2.03.08 RURAL FRINGE ZONING DISTRICTS
Section 2.03.08 Rural Fringe Zoning Districts, of Ordinance 04-41, as amended, the Collier
County Land Development Code, is hereby amended to read as follows:
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2.03.08 Rural Fringe Zoning Districts
A. Rural Fringe Mixed -Use District (RFMU District)
2. RFMU receiving lands. RFMU receiving lands are those lands within the RFMU
district that have been identified as being most appropriate for development and
to which residential development units may be transferred from RFMU sending
lands. Based on the evaluation of available data, RFMU receiving lands have a
lesser degree of environmental or listed species habitat value than RFMU
sending lands and generally have been disturbed through development or
previous or existing agricultural operations. Various incentives are employed to
direct development into RFMU receiving lands and away from RFMU sending
lands, thereby maximizing native vegetation and habitat preservation and
restoration. Such incentives include, but are not limited to: the TDR process;
clustered development; density bonus incentives; and, provisions for central
sewer and water. Within RFMU receiving lands, the following standards shall
apply, except as noted in subsection 2.03.08 A.1. above, or as more specifically
provided in an applicable PUD.
a. Outside rural villages.
(4) Design Standards.
(b) Clustered development:
ii. Minimum yard requirements:
a) s Single- f Family. Each single-family
lot or parcel minimum yard
requirement shall be established
within an approved PUD, or shall
comply with the following standards:
i) Front: 20 feet (Note front
yard Set baGk setback may
be reduced to 10 feet where
parking for the unit is
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accessed via a rear a4y
k[P)d.
ii) Side: 6 feet.
iii) Rear: 15 feet.
iv) Accessory: Per LDC section
4.02.04- 4.02.03.
b) n4 Multi- f Family. For each multi-
family lot or parcel minimum yard
shall be established within an
approved PUD, or shall comply with
the following standards:
V) Accessory: Per LDC section
4.02.04- 4.02.03.
4. RFMU sending lands. RFIVIU sending lands are those lands that have the
highest degree of environmental value and sensitivity and generally include
significant wetlands, uplands, and habitat for listed species. RFIVIU sending lands
are the principal target for preservation and conservation. Density may be
transferred from RFMIJ sending lands as provided in LDC section 2.03.07 DA.c.
All NRPAs within the RFIVIU district are also RFIVIU sending lands. With the
exception of specific provisions applicable only to NBIVIO neutral lands, the
following standards shall apply within all RFMU sending lands:
b. Uses allowed Allowable uses where TDR credits have been severed.
(2) Conditional uses:
(a) Those E- essential Uses services identified in LDC section
2.01.03 G.2 and 4.
SUBSECTION 3.E. AMENDMENTS TO SECTION 4.06.02 BUFFER REQUIREMENTS
Section 4.06.02 Buffer Requirements, of Ordinance 04-41, as amended, the Collier County
Land Development Code, is hereby amended to read as follows:
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4.06.02 Buffer Requirements
B. Methods of determining buffers. Where a property adjacent to the proposed use is: (1)
undeveloped, (2) undeveloped but permitted without the required buffering and
screening required pursuant to this Code, or (3) developed without the buffering and
screening required pursuant to this Code, the proposed use shall be required to install
the more opaque buffer as provided for in table 2.4. Where property adjacent to the
proposed use has provided the more opaque buffer as provided for in table 2.4, the
proposed use shall install a type A buffer.
Where the incorporation of existing native vegetation in landscape buffers is determined
as being equivalent to or in excess of the intent of this Code, the planning services
director may waive the planting requirements of this section.
Buffering and landscaping between similar residential land uses may be incorporated
into the yards of individual lots or tracts without the mandatory creation of separate
tracts. If buffering and landscaping is to be located on a lot, it shall be shown as an
easement for buffering and landscaping.
The buffering and screening provisions of this Code shall be applicable at the time of
planned unit development (PUD), preliminary subdivision plat (PSP), or site
development plan (SDIP) review, with the installation of the buffering and screening
required pursuant to LDC section 4.06.05 G- H. If the applicant chooses to forego the
optional IPSIP process, then signed and sealed landscape plans will be required on the
final subdivision plat. Where a more intensive land use is developed contiguous to a
property within a similar zoning district, the planning services director may require
buffering and screening the same as for the higher intensity uses between those uses.
SUBSECTION 3.F. AMENDMENTS TO SECTION 5.03.06 DOCK FACILITIES
Section 5.03.06 Dock Facilities, of Ordinance 04-41, as amended, the Collier County Land
Development Code, is hereby amended to read as follows:
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5.03.06 Dock Facilities
E. Standards for dock facilities. The following criteria apply to dock facilities and
boathouses, with the exception of dock facilities and boathouses on manmade lakes and
other manmade bodies of water under private control.
11. Multi -slip docking facilities with 10 or more slips will be reviewed for consistency
with the Manatee Protection Plan ("MPP") adopted by the BCC and approved by
the DEP. If the location of the proposed development is consistent with the MPP,
then the developer shall submit a "Manatee Awareness and Protection Plan,"
which shall address, but not be limited to, the following categories:
a. Education and public awareness.
b. Posting and maintaining manatee awareness signs.
4-2. C. Information on the type and destination of boat traffic that will be
generated from the facility.
4,97 d. Monitoring and maintenance of water quality to comply with state
standards.
44-. e. Marking of navigational channels, as may be required.
SUBSECTION 3.G. AMENDMENTS TO SECTION 5.05.08 ARCHITECTURAL AND SITE
DESIGN STANDARDS
Section 5.05.08 Architectural and Site Design Standards, of Ordinance 04-41, as amended, the
Collier County Land Development Code, is hereby amended to read as follows:
5.05.08 — Architectural and Site Design Standards
F. Site design standards. Compliance with the standards set forth in this section must be
demonstrated by submittal of architectural drawings and a site development plan in
accordance with the Administrative Code and LDC section 10.02.03.
7. Lighting. See LDC sections 4.05.02 D and 6.06.03 for additional requirements.
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d. Design standards. Lighting must be used to provide safety while
accenting key architectural elements and to emphasize landscape
features. Light fixtures must complement the design of the project. This
can be accomplished through style, material or color.
When visible from a oublic riaht-of-wav or from an adiacent
residential property, the illumination of new or existing building
facades, architectural features, or windows with lights that change
color, flash, or alternate at intervals more frequently than once pe
day is prohibited.
e. Illumination. Background spaces, such as parking lots, shall be
illuminated as unobtrusively as possible to meet the functional needs of
safe circulation and of protecting people and property. Foreground
spaces, including building entrances and plaza seating areas, must utilize
local lighting that defines the space.
SUBSECTION 3.H. AMENDMENTS TO SECTION 5.05.09 COMMUNICATION TOWERS
Section 5.05.09 Communication Towers, of Ordinance 04-41, as amended, the Collier County
Land Development Code, is hereby amended to read as follows:
5.05.09 - Communications Towers
G. Development standards for communication towers.
14. EffeGtive january 1, 1992—,a&ll guyed towers, ORGluding old teweF6,
exceeding 185 feet in height shall be inspected every three (3) two (2)
years. SUGh sSelf-supporting towers shall be inspected every four (4) five
(5) years. Each inspection shall be conducted by a qualified professional
engineer or other qualified professional inspector, and any inspector -
recommended repairs and/or maintenance should be completed without
unnecessary delay. At a minimum, each inspection shall include the
following:
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SUBSECTION 3.1. AMENDMENTS TO SECTION 5.05.11 CARWASHES ABUTTING
RESIDENTIAL ZONING DISTRICTS
Section 5.05.11 Carwashes Abutting Residential Zoning Districts, of Ordinance 04-41, as
amended, the Collier County Land Development Code, is hereby amended to read as follows:
5.05.11 Carwashes Abutting Residential Zoning Districts
1. Carwashes abutting residential districts shall be closed from 10:00 p.m. to 7:00 a.m.
J. The illumination of equipment with lights that change color, flash, or alternate at intervals
more frequently than once Per day is prohibited on new or existing car washes when
visible from a Public right-of-way or from an adoacent residential property.
SUBSECTION 3J. 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 percent of the required yard with a maximum of two feet when a
building permit and certificate of occupancy has been granted. The
encroachment applies to the yard requirement in effect as of the date the building
permit was issued.
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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 4.02.03, is satisfied.
SUBSECTION 3.K. 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
A. Generally.
2. Applicability. All development, except as identified in LDC section 10.02.03
A.3, is subject to the provisions of this section.
a. No building permit or certificate of occupancy shall be issued except in
compliance with the following: approved site developmeRt plan, Site
FnpreyemeRt plan, arne-Rdment theFeef, ar puFsuaRt to an appFeved
EaFly GORStFUGtion Authepization pepmot.
i. Approved site development plan or site improvement plan, and
amendment thereof:
ii. Approved nominal alteration plan: o
iii. Approved earlV construction authorization permit.
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E. Site Improvement Plan Requirements (SIP).
1 . Criteria for site improvement plan review. A site improvement plan may be
reviewed if the development proposal meets all of the following criteria:
e. The change does not otherwise qualify for a Nominal Alteration Plan
(NAP), identified in LDC section 10.02.03 G.3.
G. Amendments and insubstantial changes. Any proposed change or amendment to a
previously approved site development plan shall be subject to review and approval by
the County Manager or designee. Upon submittal of a plan clearly illustrating the
proposed change, the County Manager or designee shall determine whether or not it
constitutes a substantial change. In the event the County Manager or designee
determines the change is substantial, the applicant shall be required to follow the
review procedures set forth for a new site development plan.
2. Site development plan insubstantial changes (SDPI). The County Manager or
designee shall evaluate the proposed change in relation to the following criteria;
for purposes of this section, the insubstantial change procedure shall be
acceptable where the following conditions exist with respect to the proposed
change:
The change does not otherwise qualify for a Nominal Alteration Plan
(NAP), identified in LDC section 10.02.03 G.3- below.
3. Nominal Alteration Plan (NAP). The NAP can be utilized for changes to proffiects
that have an existing and approved SIDIP or SIP, and to promects that do not have
an existing SIDIP or SIP. The NAP is limited to one or more of the following
changes:
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a. The DrODOsed chanae corrects a scrivener's error to an existina and
approved site development plan, or site improvement plan, and does not
propose an addition to, or modification, of the site layout. This includes
the following:
i. Correction to the building square footage or building construction
!ML
ii. Correction to the parking summary; o
iii. Addressing changes.
b. The Dror)osed addition or modification is limited to the followin
i. Mechanical air equipment and subsequent concrete pads;
ii. Permanent emergency generatorsD
iii, Above- or below -ground fuel tanks: or
iv. Carports or shade structures that do not increase impervious area
calculations.
SUBSECTION 3.L. AMENDMENTS TO SECTION 10.03.06 PUBLIC NOTICE AND
REQUIRED HEARINGS FOR LAND USE PETITIONS
Section 10.03.06 Public Notice and Required Hearings for Land Use Petitions, of Ordinance
04-41, as amended, the Collier County Land Development Code, is hereby amended to read as
follows:
10.03.06 Public Notice and Required Hearings for Land Use Petitions
This section shall establish the requirements for public hearings and public notices. This section
shall be read in conjunction with LDC section 10.03.05 and Chapter 8 of the Administrative
Code, which further establishes the public notice procedures for land use petitions.
B. Ordinance or resolution for a rezoning, a PUD amendment, or a conditional use. For
minor conditional use notice requirements see 10.03.06 C, below and for County
initiated rezonings, see 10.03.06 K.:
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1 The following advertised public hearings are required:
a. One Planning Commission hearing.
b. One BCC or BZA hearing.
2. The following notice procedures are required:
a. A NIM. See LDC section 10.03.05 A.
b. Mailed Notice prior to the first advertised public hearing.
C. Newspaper Advertisement prior to each advertised public hearing in
accordance with F.S. § 125.66.
d. Posting of a sign prior to the first advertised public hearing.
e. FaF a FeZGRiRg ep a PIJID ameRdment the County shall natify by mail eaGh
owner within the aFea Gevered by the PFOP06ed 9FdinaRGe eF FeselUtiOR Gf
the time, plaGe, and lGGatiGR of the publiG hearing before the BGG or BZA.
D. PlJD extension-,-Ggonditional use extension, or conditional use re -review:
1 The following advertised public hearings are required:
a. One BZA or Hearing Examiner hearing.
2. The following notice procedures are required:
a. Mailed Notice prior to the advertised public hearing.
b. Newspaper Advertisement prior to the advertised public hearing.
C. Posting of a sign prior to the advertised public hearing. Signage is not
required for a conditional use re -review.
E. Ordinance or resolution for comprehensive plan amendments:
1 The following advertised public hearings are required:
a. One or more Planning Commission hearings pursuant to F.S. Chapter 163.
b. One or more BCC hearings pursuant to F.S. Chapter 163.
2. The following notice procedures are required:
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a. Small-scale amendments:
A NIM. See LDC section 10.03.05 �., WhiGh shall be held after the
first set Of st-Aff r-&.9*P&M GOFnFneRts have been *66wed and pF.or to
ii. Mailed Notice prior to the advertised Planning Commission
hearing.
iii. Newspaper Advertisement prior to each advertised public hearing.
iv. Posting of a sign prior to the advertised Planning Commission
hearing.
V. Mailed NGtiGe shall be seRt to eaGh Feal pFoperty owneF w*th*R the
b. Regulaf1pLqe-scale amendments:
A. NIM, WhiGh shall be held afteF the fmFst set of staff Fevoeiv
adveptised BGG publiG heaFiRg.
i. For all large-scale amendments, a Newspaper Advertisement prio
to each advertised public hearing.
For larae-scale amendments that are site-SDecific. the additional
notice procedures are required:
a) A NIM. See LDC section 10.03.05 A.
b) Mailed Notice prior to the advertised Planning Commission
hearing.
c) Posting of a sign prior to the advertised Planning
Commission hearing.
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SUBSECTION 3.M. AMENDMENTS TO APPENDIX A STANDARD PERFORMANCE
SECURITY DOCUMENTS FOR REQUIRED IMPROVEMENTS
APPENDIX A, Standard Performance Security Documents for Required Improvements, of
Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended
to read as follows:
APPENDIX A Standard Performance Security Documents for Required Improvements
The following specimen forms are to be used as a guide for preparation of bonding
instruments which will be submitted to the Collier County Board of County Commissioners for
guaranteeing the completion of required improvements with respect to this Code. Adherence to
the forms will assure an expeditious review by the Development Services Division and the
Collier County Attorney's Office. Deviation in substance or form from the suggested specimen
forms may result in a substantial delay or disapproval of the bonding provisions for Required
Improvements by the Development Services Division or the County Attorney's Office. These
specimen forms may be revised from time to time by resolution of the Board of County
Commissioners.
Appendix A consists of the following specimen forms:
A. 1. Subdivision Improvements
C. The Construction, Maintenance and Escrow Agreement for Subdivision
Improvements shall be substantially as follows:
IN WITNESS WHEREOF, the Board and the Developer and Lender have caused this
Agreement to be executed by their duly authorized representatives this day of
120
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ATTEST:
DWIGHT E. BROCK (Name of Clerk), CLERK BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA
By: By:
Deputy Clerk Chairman
Approved as to form and legality:
Assistant County Attorney
A.2. Excavation Improvements
C. The Performance Agreement for Excavation shall be substantially as follows:
IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be
executed by their duly authorized representatives this day of 20_.
ATTEST:
DWIGHT E. BROG (Name of Clerk), CLERK BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA
By: By:
Deputy Clerk Chairman
Approved as to form and legality:
Assistant County Attorney
Page 19 of 22
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A.3. Early Work Improvements
C. The Performance Agreement for Early Work shall be substantially as follows:
IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be
executed by their duly authorized representatives this day of 20_.
ATTEST:
DWIGHT E. BROG (Name of Clerk), CLERK BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA
Bv:
Deputy Clerk
Approved as to form and legality:
Assistant County Attorney
A.4. Site Development Plan Improvements
By:
Chairman
C. The Performance Agreement for Site Development shall be substantially as
follows:
IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be
executed by their duly authorized representatives this day of 20_.
ATTEST:
DWIGHT E. BROG (Name of Clerk), CLERK BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA
By: By:
Deputy Clerk Chairman
Approved as to form and legality:
Assistant County Attorney
Page 20 of 22
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SUBSECTION 3.N. AMENDMENTS TO APPENDIX C FINAL SUBDIVISION PLAT,
REQUIRED CERTIFICATIONS AND SUGGESTED TEXT AND FORMATS FOR
OTHER REQUIRED INFORMATION
Appendix C, Final Subdivision Plat, Required Certifications and Suggested Text and Formats for
Other Required Information, of Ordinance 04-41, as amended, the Collier County Land
Development Code, is hereby amended to read as follows:
Appendix C - Final Subdivision Plat, Required Certifications and Suggested Text and
Formats for Other Required Information
COUNTY COMMISSION APPROVAL
STATE OF FLORIDA
COUNTY OF COLLIER
THIS PLAT APPROVED FOR RECORDING IN A REGULAR OPEN MEETING BY THE
BOARD OF COUNTYCOMMISSIONERS OF COLLIER COUNTY, FLORIDA, THIS
DAY OF - 20_, PROVIDED THAT THE PLAT IS FILED IN THE OFFICE OF THE
CLERK OF THE CIRCUIT COURT OF COLLIER COUNTY, FLORIDA.
DWIGHT E—. 4PtQQK (Name of Clerk)
CLERK OF CIRCUIT COURT
IN AND FOR COLLIER COUNTY
FILING RECORD
(Name of Chairman), CHAIRMAN
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
I HEREBY CERTIFY THAT THIS PLAT HAS BEEN EXAMINED BY ME AND THAT IT
COMPLIES IN FORM WITH THE REQUIREMENTS, OF CHAPTER 177, FLORIDA
STATUTES. I FURTHER CERTIFY THAT SAID PLAT WAS FILED FOR RECORD AT
(a.m. or p.m.) THIS DAY OF 120 _, AND DULY RECORDED IN PLAT
BOOK PAGE(S) _, INCLUSIVE, OF THE PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA.
DWIGHT E. BROG (Name of Clerk)
CLERK OF CIRCUIT COURT
IN AND FOR COLLIER COUNTY
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SECTION FOUR: CONFLICT AND SEVERABILITY
In the event that any provisions of this ordinance should result in an unresolved conflict
with the provisions of the Land Development Code (LDC) or Growth Management Plan (GMP),
the applicable provisions of the LDC or GMP shall prevail. In the event this Ordinance conflicts
with any other Ordinance of Collier County or other applicable law, the more restrictive shall
apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court
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
11section," "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 9th day of June, 2020.
ATTEST:
CRYSTAL kINZEL,.CtERK
BY171
u
airm
;JsA6 form and legality:
rov,,ed
Heidi, t-7A-s—hton-Cicko
Managing Assistant County Attorney
04-CMD-01077/1826 (6/10/20)
19-LDS-00065
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
0 By
Burt L. Saunders, Chairman
cnd
"BY
Page 22 of 22
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till S/I
7j,,
FLORIDA DEPARTMENT Of STAT E
r I
RON DESANTIS
Governor
June 12, 2020
Ms. Ann P. Jennejohn, BMR Senior Deputy Clerk
Office of the Clerk of the Circuit Court
& Comptroller of Collier County
3329 Tamiami Trail E, Suite #401
Naples, Florida 34112
Dear Ms. Jennejohn:
LAUREL M. LEE
Secretary of State
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 20-16, which was filed in this office on June 12, 2020.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/lb
R. A. Gray Building 9 500 South Bronough Street 9 Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270