Agenda 11/10/2020 Item #17E (Ordinance - Batch LDC Amendments)17.E
11/10/2020
EXECUTIVE SUMMARY
Recommendation to approve an Ordinance 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 extend the availability of the Transfer of
Development Rights Early Entry bonus credit for Sending Lands in the Rural Fringe Mixed Use
District Overlay, to revise the procedures and approval process for Comparable Use
Determinations, to modify the timeframes and process for review of applications for development
orders in the Stewardship Receiving Area, to establish an approval process and development
standards for events which take place in County rights -of -way, 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 Two - Zoning Districts and
Uses, including Section 2.03.00 Zoning Districts; Permitted Uses, Accessory Uses, and Conditional
Uses, Section 2.03.03 Commercial Zoning Districts, Section 2.03.04 Industrial Zoning Districts,
Section 2.03.05 Civic and Institutional Zoning Districts, Section 2.03.07 Overlay Zoning Districts;
Chapter Four - Site Design and Development Standards, including Section 4.08.07 SRA
Designation; Chapter Five - Supplemental Standards, including Section 5.04.05 Temporary Events,
Section 5.04.06 Temporary Signs; Chapter Ten - Application, Review, and Decision -Making
Procedures, including Section 10.02.06 Requirements for Permits, Section 10.03.06 Public Notice
and Required Hearings for Land Use Petitions; Section Four, Conflict and Severability; Section
Five, Inclusion in the Collier County Land Development Code; and Section Six, Effective Date.
(This item is a companion to Agenda Item 16.A.12)
OBJECTIVE: To obtain Board of County Commissioners (Board) approval of the proposed Batch Land
Development Code (LDC) amendments relating to; Transfer of Development Rights (TDR) Early Entry
Bonus Credits, Comparable Use Determinations, Staff review timeframes for Stewardship Receiving
Area (SRA) designations, and the approval process and development standards for Special Events in
County rights -of -way.
CONSIDERATIONS:
The proposed ordinance is composed of four LDC amendments.
1. The first amendment follows the Board's approval on September 8, 2020, of Ordinance 2020-24,
adopting a time extension of the TDRs early entry bonus credits to the Collier County Growth
Management Plan. This amendment request shall codify the time extension period's effective
date for TDRs early entry bonus credits from March 5, 2004, to September 27, 2022.
2. The second amendment addresses the current comparable use determination process to obtain a
Zoning Verification Letter (ZVL)-Comparable Use Determination (CUD) and formal affirmation
from the Hearing Examiner (HEX) or Board of Zoning Appeals (BZA). The proposed
amendment shall remove the existing CUD process from the ZVL process and codify criteria for
a comparable use determination with a recommendation in a staff report that shall be reviewed for
approval by the HEX or the Collier County Planning Commission (CCPC). It includes standards
to determine if a proposed use is comparable to the list of permitted uses within a specific Zoning
district and removes the current process for conditional use review within the Industrial and
Commercial Zoning Districts.
3. The third amendment modifies the current timeframes and procedural requirements for
Stewardship Receiving Area (SRA) Designation application review process. This change is to
establish compliance with new statutory time limitations for development permits or orders as set
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forth by F.S. 125.002.
4. Lastly, On October 22, 2018, the Board directed staff to publicly vet an LDC amendment that
shall establish a temporary use permit and approval process for special events requiring the use
and temporary road closure of County rights -of -ways and allow applications for such an event to
be processed until new LDC standards are adopted. The newly proposed LDC standards have
been publicly vetted and are designed to provide uniform requirements for temporary events that
require the use of County right-of-way.
DEVELOPMENT SERVICES ADVISORY COMMITTEE (DSAC) RECOMMENDATION: The
DSAC reviewed these amendments on August 5, 2020, and unanimously recommended approval subject
to the addition of "as applicable" to the end of LDC section 10.02.06 K.2 for the Comparable Use
Determination amendment. The recommended change has been incorporated into the LDC text.
COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC
reviewed these amendments on September 9, 2020, and unanimously recommended approval subject to
changes to the Comparable Use Determination amendment. These recommended changes are:
Stipulate if the Hearing Examiner decides against hearing the Comparable Use Determination, the
CCPC shall review the petition in lieu of the Board.
Change LDC section 10.02.06 K.I. to change "may" to "shall" to read: "The following
Comparable Use Determination (CUD) shall be used to determine whether a use is comparable
in nature with the list of permitted uses, and the purpose and intent statement of the zoning
district, overlay, or PUD."
Change LDC section 10.02.06 K.2.b. delete "comparable to" and replace with "no greater than"
to read: "The effect of the proposed use would have on neighboring properties in relation to the
noise, glare, or odor effects shall be no greater than that of other permitted uses in the zoning
district, overlay, or PUD. "
Relocate LDC section 10.02.06 K.2.d. to LDC section 10.02.06 K.2.e. and insert new language
into subparagraph d. to read as follows: "The proposed use shall be compatible and consistent
with the other permitted uses in the zoning district, overlay, or PUD."
The recommended changes have been incorporated into the LDC text.
FISCAL IMPACT: There are no fiscal impacts associated with this action.
LEGAL CONSIDERATIONS: This item is approved as to form and legality, and it requires an
affirmative vote of four for Board approval. (HFAC)
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
action.
RECOMMENDATION: To approve the proposed Ordinance amending the Land Development Code.
Prepared by: Richard Henderlong, MPA, Principal Planner, Zoning Division
ATTACHMENT(S)
1. ldc amendments. initialed ordinance.102120.1119 BCC (PDF)
2. A) 2.03.07 TDR Early Entry Bonus Credits 09-29-20 BCC (PDF)
3. B) PL20190000389 - Comparable Use Determination 09-29-20 BCC (PDF)
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4. C) Time Requirements For Development Orders and Permits 09-29-20 BCC (PDF)
5. D) LDCA 5.04.05 5.04.06 10.03.06 Special Events in ROW 09-29-20 BCC (PDF)
6. legal ad - agenda ID 13802 (PDF)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 17.E
Doc ID: 13802
Item Summary: Recommendation to approve an Ordinance 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 extend the availability of the
Transfer of Development Rights Early Entry bonus credit for Sending Lands in the Rural Fringe Mixed
Use District Overlay, to revise the procedures and approval process for Comparable Use Determinations,
to modify the timeframes and process for review of applications for development orders in the
Stewardship Receiving Area, to establish an approval process and development standards for events
which take place in County rights -of -way, 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 Two - Zoning Districts and Uses, including Section 2.03.00 Zoning
Districts; Permitted Uses, Accessory Uses, and Conditional Uses, Section 2.03.03 Commercial Zoning
Districts, Section 2.03.04 Industrial Zoning Districts, Section 2.03.05 Civic and Institutional Zoning
Districts, Section 2.03.07 Overlay Zoning Districts; Chapter Four - Site Design and Development
Standards, including Section 4.08.07 SRA Designation; Chapter Five - Supplemental Standards, including
Section 5.04.05 Temporary Events, Section 5.04.06 Temporary Signs; Chapter Ten - Application,
Review, and Decision -Making Procedures, including Section 10.02.06 Requirements for Permits, Section
10.03.06 Public Notice and Required Hearings for Land Use Petitions; Section Four, Conflict and
Severability; Section Five, Inclusion in the Collier County Land Development Code; and Section Six,
Effective Date. (This item is a companion to Agenda Item 16.A.12)
Meeting Date: 11/10/2020
Prepared by:
Title: Planner, Principal — Growth Management Development Review
Name: Richard Henderlong
10/07/2020 12:21 PM
Submitted by:
Title: Manager - Planning — Zoning
Name: Ray Bellows
10/07/2020 12:21 PM
Approved By:
Review:
Growth Management Department Judy Puig Level 1 Reviewer
Zoning Ray Bellows Additional Reviewer
Zoning Jeremy Frantz Additional Reviewer
Zoning Anita Jenkins Additional Reviewer
Growth Management Department James C French Deputy Department Head Review
Growth Management Department Thaddeus Cohen Department Head Review
Completed
10/07/2020 12:50 PM
Completed
10/07/2020 4:18 PM
Completed
10/13/2020 11:12 AM
Completed
10/13/2020 1:58 PM
Completed
10/14/2020 5:47 PM
Completed
10/15/2020 2:13 PM
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Office of Management and Budget
County Attorney's Office
Office of Management and Budget
County Attorney's Office
County Manager's Office
Board of County Commissioners
Laura Wells Level 3 OMB Gatekeeper Review
Heidi Ashton-Cicko Level 2 Attorney of Record Review
Laura Zautcke Additional Reviewer
Jeffrey A. Klatzkow Level 3 County Attorney's Office Review
Sean Callahan Level 4 County Manager Review
MaryJo Brock Meeting Pending
Completed
10/15/2020 2:27 PM
Completed
10/26/2020 9:47 AM
Completed
10/27/2020 2:37 PM
Completed
10/28/2020 10:50 AM
Completed
11/03/2020 10:26 AM
11/10/2020 9:00 AM
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ORDINANCE NO. 2020 -
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 EXTEND THE AVAILABILITY OF THE TRANSFER
OF DEVELOPMENT RIGHTS EARLY ENTRY BONUS CREDIT FOR SENDING LANDS
IN THE RURAL FRINGE MIXE❑ USE ❑ISTRICT OVERLAY, TO REVISE THE
PROCEDURES AND APPROVAL PROCESS FOR COMPARABLE USE
DETERMINATIONS, TO MODIFY THE TIMEFRAMES AND PROCESS FOR REVIEW
OF APPLICATIONS FOR DEVELOPMENT ORDERS IN THE STEWARDSHIP
RECEIVING AREA, TO ESTABLISH AN APPROVAL PROCESS AND
DEVELOPMENT STANDARDS FOR EVENTS WHICH TAKE PLACE IN COUNTY
RIGHT-OF-WAY, BY PROVIDING FOR: SECTION ❑NE, RECITALS; SECTION TWO,
FINDINGS OF FACT; SECTION THREE, ADOPTION OF AMENDMENTS TO THE
LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE
FOLLOWING: CHAPTER TWO — ZONING DISTRICTS AND USES, INCLUDING
SECTION 2.03.00 ZONING DISTRICTS; PERMITTED USES, ACCESSORY USES,
AND CONDITIONAL USES, SECTION 2.03.03 COMMERCIAL ZONING DISTRICTS,
SECTION 2.03.04 INDUSTRIAL ZONING DISTRICTS, SECTION 2.03.05 CIVIC AND
INSTITUTIONAL ZONING DISTRICTS, SECTION 2.03.07 OVERLAY ZONING
DISTRICTS; CHAPTER FOUR — SITE DESIGN AND DEVELOPMENT STANDARDS,
INCLUDING SECTION 4.08.07 SRA DESIGNATION; CHAPTER FIVE —
SUPPLEMENTAL STANDARDS, INCLUDING SECTION 5.04.05 TEMPORARY
EVENTS, SECTION 5.04.06 TEMPORARY SIGNS; CHAPTER TEN — APPLICATION,
REVIEW, AND DECISION -MAKING PROCEDURES, INCLUDING SECTION 10.02.06
REQUIREMENTS FOR PERMITS, SECTION 10.03.06 PUBLIC NOTICE AND
REQUIRED HEARINGS FOR LAND USE PETITIONS; 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) ❑n 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 September 9, 2020, 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 , 20_, 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 of 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:
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1. Collier County, pursuant to § 163.3161, of 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 of 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
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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 153, Fla. Stat., and
through these amendments to the Code.
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SECTION THREE: ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT
CODE
SUBSECTION 3.A. AMENDMENTS TO SECTION 2.03.00 ZONING DISTRICTS;
PERMITTED USES, ACCESSORY USES, AND CONDITIONAL
USES
Section 2.03.00, of Ordinance 04-41, as amended, the Collier County Land Development
Code, is hereby amended to read as follows:
2.03.00 — Zoning Districts; Permitted Uses, Accessory Uses, and Conditional Uses
In order to carry out and implement the Collier County GM and the purposes of this LDC,
the following zoning districts, district purposes, and applicable symbols are hereby
established:
A. Rules for Interpretation of Uses. In any zoning district, where the list of permitted
and Gondit uses contains the phrase "any other use which is comparable in
nature with the foregoing uses and is consistent with the permitted uses and
purpose and intent statement of the district" or any similar phrase which provides
for a use which is not clearly defined or described in the list of permitted and
Gand mtoona I uses , which requires the discretion of the County Manager or designee
as to whether or not it is permitted in the district, then the determination of whether
or not that use is permitted in the district shall be made through the process
outlined in ef this LIDG. LDC section 1:969010.02.06 K.
SUBSECTION 3.13. AMENDMENTS TO SECTION 2.03.03 COMMERCIAL ZONING
DISTRICTS
Section 2.03.03, of Ordinance 04-41, as amended, the Collier County Land Development
Code, is hereby amended to read as follows:
2.03.03 — Commercial Zoning Districts
A. Commercial Professional and General Office District (C-1). The purpose and intent
of the commercial professional and general office district C-1 is to allow a
concentration of office type buildings and land uses that are most compatible with,
and located near, residential areas. Most C-1 commercial, professional, and
general office districts are contiguous to, or when within a PUD, will be placed in
close proximity to residential areas, and, therefore, serve as a transitional zoning
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] U. ] 5.20
district between residential areas and higher intensity commercial Zoning districts.
The types of office uses permitted are those that d❑ not have high traffic volumes
throughout the day, which extend into the evening hours. They will have morning
and evening short-term peak conditions. The market support for these office uses
should be those with a localized basis of market support as opposed to office
functions requiring inter -jurisdictional and regional market support. Because office
functions have significant employment characteristics, which are compounded
when aggregations occur, certain personal service uses shall be permitted, to
provide a convenience to office -based employment. Such convenience
commercial uses shall be made an integral part of an office building as opposed
to the singular use of a building. Housing may also be a component of this district
as provided for through conditional use approval.
The following uses, as identified with a number from the Standard Industrial
Classification Manual (1987), or as otherwise provided for within this section
are permissible by right, or as accessory or conditional uses within the C-1
commercial professional and general office district.
a. Permitted uses.
41. Any other commercial use or professional service which is
comparable in nature with the foregoing uses including those
that exclusively serve the administrative as opposed to the
operational functions of a business and are associated purely
with activities conducted in an office, as determined by the
Hearing Examiner or CCPCpursuant to LDC section
10.02.06 K.
C. Conditional uses. The following uses are permissible as conditional
uses in the (C-1) commercial professional and general office district,
subject to the standards and procedures established in LDC section
10.08.00.
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B. Commercial Convenience District (C-2). The purpose and intent of the commercial
convenience district (C-2) is to provide lands where commercial establishments
may be located to provide the small-scale shopping and personal needs of the
surrounding residential land uses within convenient travel distance except to the
extent that office uses carried forward from the C-1 district will expand the
traditional neighborhood size. However, the intent of this district is that retail and
service uses be of a nature that can be economically supported by the immediate
residential environs. Therefore, the uses should allow for goods and services that
households require on a daily basis, as opposed to those goods and services that
households seek for the most favorable economic price and, therefore, require
much larger trade areas. It is intended that the C-2 district implements the Collier
County GMP within those areas designated agricultural/rural; estates
neighborhood center district of the Golden Gate Master Plan; the neighborhood
center district of the Immokalee Master Plan; and the urban mixed use district of
the future land use element permitted in accordance with the locational criteria for
commercial and the goals, objectives, and policies as identified in the future land
use element of the Collier County GMP. The maximum density permissible in the
C-2 district and the urban mixed use land use designation shall be guided, in part,
by the density rating system contained in the future land use element of the Collier
County GMP. The maximum density permissible or permitted in a district shall not
exceed the density permissible under the density rating system.
The following uses, as identified with a number from the Standard Industrial
Classification Manual (1987), or as otherwise provided for within this section
are permissible by right, or as accessory or conditional uses within the C-2
commercial convenience district.
a. Permitted uses.
Ell
74, Any other commercial convenience ^F ^"^fess� use which
is comparable in nature with the {G-4-) list of permitted uses
and consistent with the purpose and intent statement of the
district. as determined by the Hearing Examiner or CCPC,
pursuant to LDC section 10.02.06 K. the 1beard- —9f Z9R
iRg
C. Conditional uses. The following uses are permissible as conditional
uses in the commercial convenience district (C-2), subject to the
standards and procedures established in LDC section 10.08.00.
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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 Iocational 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.
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.
93. Any use which was permissible under the prior General Retail
Commercial (GRC) zoning district, as identified by Zoning
Ordinance adopted October 8, 1974, and which was lawfully
existing prior to the adoption of this Code.
96. Any other intermediate commercial or „Fofessiuse which
is comparable in nature with the (G-4-) list of permitted uses
and consistent with the purpose and intent statement of the
district., as determined by the Hearing Examiner or CCPC,
pursuant to LDC section 10.02.06 K. .,
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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 LDC sections 4.02.02 and
10.08.00.
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 Iocational 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.
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.
C9
142. Any other general commercial use which is
comparable in nature with the (" list of permitted uses and
consistent with the purpose and intent statement of the
district, as determined by the Hearing Examiner or CCPC,
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pursuant to LDC section 10.02.06 K.
nL IFS apt to seetioR 10.08.00.
C. Conditional uses. The following uses are permitted as conditional
uses in the general commercial district (C-4), subject to the
standards and procedures established in LDC section 10.08.00.
E. Heavy Commercial District (C-5). In addition to the uses provided in the C-4 zoning
district, the heavy commercial district (C-5) allows a range of more intensive
commercial uses and services which are generally those uses that tend to utilize
outdoor space in the conduct of the business. The C-5 district permits heavy
commercial services such as full -service automotive repair, and establishments
primarily engaged in construction and specialized trade activities such as
contractor offices, plumbing, heating and air conditioning services, and similar
uses that typically have a need to store construction associated equipment and
supplies within an enclosed structure or have showrooms displaying the building
material for which they specialize. Outdoor storage yards are permitted with the
requirement that such yards are completely enclosed or opaquely screened. The
C-5 district is permitted in accordance with the locational criteria for uses and the
goals, objectives, and policies as identified in the future land use element of the
Collier County GMP.
The following uses, as identified with a number from the Standard Industrial
Classification Manual (1987), or as otherwise provided for within this section
are permissible by right, or as accessory or conditional uses within the
heavy commercial district (C-5).
a. Permitted uses.
183. Any other heavy commercial ^F pFefessi^^^' use which is
comparable in nature with the (C-4) list of permitted uses and
consistent with the purpose and intent statement of the
district as determined by the Hearing Examiner or CCPC
pursuant to LDC section 10.02.06 K. beaFd of zening appealsl
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C. Conditional uses. The following uses are permissible as
conditional uses in the heavy commercial district (C-5), subject to
the standards and procedures established in LDC section
10.08.00.
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SUBSECTION 3.C. AMENDMENTS TO SECTION 2.03.04 INDUSTRIAL ZONING
DISTRICTS
Section 2.03.04, 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 (1). The purpose and intent of the industrial district (1) 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
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 (1).
C. Conditional uses. The following uses are permitted as conditional
uses in the industrial district (1), subject to the standards and
procedures established in LDC section 10.08.00.
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B. Business Park District (BP). The purpose and intent of the business park district
(BP) is to provide a mix of industrial uses, corporate headquarters offices and
business/professional offices which complement each other and provide
convenience services for the employees within the district; and to attract
businesses that create high value added jobs. It is intended that the BP district be
designed in an attractive park -like environment, with low structural density and
large landscaped areas for both the functional use of buffering and enjoyment by
the employees of the BP district. The BP district is permitted by the urban mixed
use, urban commercial, and urban -industrial districts of the future land use element
of the Collier County GMP.
1. The following uses, as identified within the latest edition of the Standard
Industrial Classification Manual, or as otherwise provided for within this
section, are permitted as of right, or as uses accessory to permitted primary
or secondary uses or are conditional uses within the business park district.
a. Permitted primary uses. One hundred percent of the total business
park district acreage is allowed to be developed with the following
uses:
34. Any other use which is comparable in nature with the list of
permitted fefge'Rg uses and is othepwise Gleadconsistent
with the intent d purpose and intent statement of the district
as determined by the Hearino Examiner or CCPC. pursuant
to LDC section 10.02.06 K.
* * * * * * * * * * * * * *
SUBSECTION 3.D. AMENDMENTS TO SECTION 2.03.05 CIVIC AND
INSTITUTIONAL ZONING DISTRICTS
Section 2.03.05, 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
A. Public Use District (P). The purpose and intent of public use district (P) is to
accommodate only local, state and federally owned or leased and operated
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government facilities that provide essential public services. The P district is
intended to facilitate the coordination of urban services and land uses while
minimizing the potential disruption of the uses of nearby properties.
4. The following uses are permitted as of right, or as accessory or conditional
uses, in the public use district (P). r
a. Permitted uses.
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14. Any other public structures and uses which are comparable in
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nature with the foregoing list of permitted uses, and consistent
with the purpose and intent statement of the district as m
determined by the Hearing Examiner or CCPCpursuant to cm
LDC section 10.02.06 K. 00
c. Conditional uses. The following uses are permissible as conditional
uses in the public use district (P), subject to the standards and
procedures established in LDC section 10.08.00:
13. Any other public uses whieh are GOMParahle in nature with the
foregoing uses.__
44 13. Earthmining.
SUBSECTION 3.E. AMENDMENTS TO SECTION 2.03.07 OVERLAY ZONING
DISTRICTS
Section 2.03.07, 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
* * * * * * * * * * * * * *
D. Special Treatment Overlay (ST).
4. Transfer of Development Rights (TDR).
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C. TDR credits from RFMU sending lands: General Provisions
ii. Creation of TDR Bonus credits. TDR Bonus credits shall only
be generated from RFMU sending land property from which
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TDR credits have been severed. The three types of TDR
Bonus credits are as follows: Eady EntFy Bonus credi
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c} Early Entry Bonus credits. Early Entry Bonus credits
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shall be generated at a rate of 1 additional credit for
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each TDR credit that is severed from RFMU sending
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land for the period from March 5, 2004, until M
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September 27, 2022 244-2, unless further extended by
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resolution by the Board of County Commissioners.
Early Entry Bonus credits shall cease to be generated
after the termination of this early entry bonus period.
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However, Early Entry Bonus credits may continue to
be used to increase density in RFMU and non- RFMU
Receiving Lands after the termination of the Early
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f. Procedures applicable to the severance and redemption of TDR
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credits and the generation of TDR Bonus credits from RFMU
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sending lands.
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ii. In order to facilitate the County's monitoring and regulation
of the TDR Program, the County shall serve as the central
registry for all TDR severances, transfers (sales) and
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redemptions, as well as maintain a public listing of TDR
credits available for sale along with a listing of purchasers
seeking TDR credits. No TDR credit generated from RFMU
sending lands may be utilized to increase density in any
area unless the following procedures are complied with in
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full.
* * * * * * * * * * * * * *
b) TDR Bonus credits shall not be used to increase
density in either non-RFMU receiving areas or RFMU
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receiving lands until a TDR credit certificate reflecting
the TDR Bonus credits is obtained from the County
and recorded.
1) Early Entry Bonus credits. All TDR credit
certificates issued by the County for the period
from the effective date of this provision until
,Fe27, 2015 September 27, 2022, unless
further extended by resolution by the Board of
County Commissioners, shall include one Early
Entry Bonus credit or fractional Early Entry
Bonus credit for each TDR credit or fractional
TDR credit reflected on the TDR credit
certificate. Where TDR credits were severed
from March 5, 2004, until the effective date of
this provision, the County shall, upon receipt of
a copy of the TDR credit certificate reflecting
those previously severed TDR credits, issue a
TDR credit certificate entitling Early Entry
Bonus credits equal in number to the
previously severed TDR credits.
F. Golden Gate Parkway Professional Office Commercial Overlay (GGPPOCO).
2. These regulations apply to properties north and south of Golden Gate
Parkway, starting at Santa Barbara Boulevard and extending eastward to
52nd Terrace S.W. in Golden Gate City as measured perpendicularly from
the abutting right-of-way for a distance of approximately 3,600 feet more or
less and consisting of approximately 20.84 acres. These properties are
identified on Map two (2) of the Golden Gate Area Master Plan. Except as
provided in this regulation, all other use, dimensional, and development
requirements shall be as required in the underlying zoning categories.
a. Permitted Uses.
42. Any other commercial use GF pFefessional seryire which is
comparable in nature with the foregeiRg list of permitted uses,
and consistent with the Durpose and intent statement of the
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overlay, as determined by the Hearing Examiner or CCPC
pursuant to LDC section 10.02.06 K.
G. Immokalee Urban Overlay District. To create the Immokalee Urban Overlay District
with distinct subdistricts for the purpose of establishing development criteria
suitable for the unique land use needs of the Immokalee Community. The
boundaries of the Immokalee Urban Overlay District are delineated on the maps
below.
5. Main Street Overlay Subdistrict. Special conditions for the properties
identified in the Immokalee Area Master Plan; referenced on Map 7; and
further identified by the designation "MSOSD" on the applicable official
Collier County Zoning Atlas Maps. The purpose of this designation is to
encourage development and redevelopment by enhancing and beautifying
the downtown Main Street area through flexible design and development
standards.
e. Conditional uses.
1. Conditional uses of the underlying zoning districts contained
within the subdistrict, subject to the standards and
procedures established in section 10.08.00 and as set forth
below:
iii. The following conditional uses may be permitted only
on properties with frontage on North First Street,
South First Street, and North Ninth Street within the
Main Street Overlay Subdistrict:
of this
Subdis#ist-
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SUBSECTION 3.F. AMENDMENTS TO SECTION 4.08.07 SRA DESIGNATION
Section 4.08.07, of Ordinance 04-41, as amended, the Collier County Land Development
Code, is hereby amended to read as follows:
4.08.07-SRA Designation
E. SRA Application Review Process
1. Pre -Application Conference with County Staff: Prior to the submission of
a formal application for SRA designation, the applicant shall attend a pre -
application conference with the County Manager or his designee and other
county staff, agencies, and officials involved in the review and processing
of such applications and related materials. If an SRA designation
application will be filed concurrent with an SSA application, only one pre -
application conference shall be required. This pre -application conference
should address, but not be limited to, such matters as:
a. Conformity of the proposed SRA with the goals, objectives, and
policies of the GMP;
b. Consideration of suitability criteria described in LDC section
4.08.07 A.1. and other standards of this Section;
C. SRA master plan compliance with all applicable policies of the
RLSA District Regulations, and demonstration that incompatible
land uses are directed away from FSAs, HSAs, WRAs, and
Conservation Lands;
d. Assurance that applicant has acquired or will acquire sufficient
Stewardship Credits to implement the SRA uses, and;
e. Consideration of impacts, including environmental and public
infrastructure impacts.
2. Application Package Submittals and Processing Fees and Review. The
required number of SRA Applications and the associated processing fee
shall be submitted to the County Manager or his designee. The contents
of said application package shall be in accordance with LDC sSection
4.08.07 D. The review and approval of the aPDlication shall be in
accordance with section 125.022 Florida Statutes.
3. APP i I cation Deem ed S UffiGi ent fa r Review, With i R th P Fty (30) days 9f Feeeipt
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SUBSECTION 3.G. AMENDMENTS TO SECTION 5.04.05 TEMPORARY EVENTS
Section 5.04.05, of Ordinance 04-41, as amended, the Collier County Land Development
Code, is hereby amended to read as follows:
5.04.05 — Temporary Events
A. Special Events. This section establishes the location and development
standards for special events, including temporary market events, sales and
promotional events, and sports, religious, and community events, and events in County
right-of-way.
Standards applicable to all special events.
a. Sanitary facilities shall be provided for the duration of the event.
Proof of consent by business management shall be provided if
permanent business restrooms are to be used.
b. Safe ingress and egress shall be provided to the site, including
emergency access measures.
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C. A maximum of 25 percent of the vehicular use area may be
occupied or otherwise rendered unusable by the placement of
temporary structures, equipment, and merchandise associated
with the special event, unless equivalent additional off -site parking
is provided.
d. The minimum required number of handicapped parking spaces for
the site pursuant to LDC section 4.05.07 shall not be used for the
special event.
e. In support of the special event, temporary structures, equipment,
merchandise, and signage may be placed on the site subject to
the approval of a site diagram depicting the locations of principal
structures, parking, temporary structures, and signage.
Temporary signage shall be subject to the restrictions set
forth in LDC section 5.04.06.
ii. All temporary structures, equipment, merchandise, or
placement and parking of vehicles in conjunction with the
special event shall be located in a parking lot or open space
at least 10 feet from the property line, except events in
County right-of-way that are approved in accordance with
LDC section 5.04.05 A.5. All temporary structures,
equipment, merchandise or_placement and parking of
vehicles in conjunction with the special event and shall be
removed at the conclusion of each event.
iii. A building permit may be required for the erection of
temporary tents or structures.
f. See Collier County Code of Laws Sections 118-102 and 118-131
to 118-155, or successor sections, for additional standards related
to solid waste and recycling collection.
g. No sales, advertising, or other activity related to the special event
shall be permitted in the public right-of-way in accordance with
Collier County Code of Laws Section 25-1, or successor sections.,
unless approved in accordance with LDC section 5.04.05 A.5.
h. Application. The Administrative Code shall establish the
procedural requirements for special events.
5. Events in County Right -of -Way.
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a. A tem ora use permit shall be required for events which take place
in any County right-of-way.
b. The temporary use permit application shall be submitted at least 120
days 12rior to an event that re uires Hearing Examiner or Board
approval or 60 days prior to an event that requires administrative
approval.
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C. At a minimum tem ora use permit applications for events shall be
reviewed by the following Collier County departments, divisions and
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outside agencies:
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i. Collier County Growth Management Department shall
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determine compliance with all applicable requirements.
ii. Collier County Sherriff's Office shall determine whether an
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additional security or police service is necessary.
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iii. The applicable Fire District shall determine whether an
additional fire service is re uired.
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iv. Emergency Medical Services shall determine whether any
additional medical services are required.
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V. Collier County Bureau of Emergency Services shall determine
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whether additional crowd control is required.
A. Collier County Risk Management shall determine whether
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additional insurance or bonds are required for the event_
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d. Any event that necessitates the use of the right-of-way of any arterial
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or collector roadway, or any event which necessitates closing all or
art of any County right-of-way between the hours of 7:00 AM
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through 9:00 AM or 3:30 PM through 6:30 PM shall require review
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and approval at a public hearing of the Hearing_ Examiner or Board
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of Counly Commissioners. Public notice shall be in accordance with
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LDC section 10.03.06 Z. Any appeal from a Hearing Examiner
decision shall be to the Board of Zoning Appeals.
e. Events that do not req wire a p ubIic hea ri ng as set forth in LDC section
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5.04.05 A.5.d above, shall be reviewed by the County Manager or
designee. Any appeal from an administrative determination shall be
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to the Hearing Examiner or Board of Zoning Appeals, as applicable.
f. Criteria for review:
i. The applicant has complied with all re uired criteria on the
permit application form.
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ii. Sufficient support personnel, including certified crowd
managers are available to assist in the conduct of the event_
iii. Adequate support facilities are available for the event
including, but not being limited to, parking, refuse collection,
sanitation, and lighting.
iv. No conflict exists with the requested event and other
approved and previously scheduled events.
V. Crowd size has „been determined to be a manageable size for
the proposed event and site.
vi. The event is generally compatible with the characterof the
surrounding area.
vii. The applicant complied with the terms and conditions of
previously approved permits.
Aonlications shall include a site ❑Ian and route mao that shows the
proposed route of the event, areas of assembly or dispersal, parking
areas, location of temporary signs, maintenance of traffic signs (such
as detour signs, barricades, or cones), stationing of any crowd
managers, officers, or flag persons, temporary detours to be utilized
by the public, and all tem ora construction or structures (stages,
booths, water and toilet facilities, etc.).
h. The placement and location of maintenance of traffic signs shall be
in accordance with the Federal Manual on Uniform Traffic Control
Devices, as amended_, and FDOT's Roadway and Traffic Design
standard plans.
_Certified crowd control managers shall be provided at a minimum
ratio of one per 250 participants or attendees. Hiring of off -duly law
enforcement officers shall satisfy the requirement for certified crowd
control managers.
The Countv Manager or desionee may revoke a temporary use
permit if it is determined that any condition or stipulation has been
violated that the approval was in error or based on inaccurate
information, or that the use negatively impactsthe surrounding uses
or poses a safety hazard, or otherwise is negatively impacting the
safety, health or welfare of the general public.
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SUBSECTION 3.H. AMENDMENTS TO SECTION 5.04.06 TEMPORARY SIGNS
Section 5.04.06, of Ordinance 04-41, as amended, the Collier County Land Development
Code, is hereby amended to read as follows:
6.04.06 - Temporary Signs
A. A temporary use permit is required for the placement of any temporary ground
sign, snipe sign, or banner that is not otherwise lawfully permitted. Temporary
signs shall be allowed subject to the restrictions imposed by this section.
1. The County Manager or designee may issue temporary sign permits,
classified by use, as necessary to adequately address each of the
temporary signs described within this section. For each permit type the
nonrefundable fee shall be as established in the fee schedule for the
services performed by the Growth Management Division.
2. Temporary signs and banners shall not be erected prior to obtaining the
appropriate temporary use permit and shall be removed on or before the
expiration date of the temporary use permit authorizing said sign.
3. Standards applicable to all temporary signs.
a. Temporary signs and banners permitted by authority of this section
shall not be placed within any public right-of-way, except when an
event in the Counly right-of-way is approved and a tem ora use
permit is issued in accordance with LDC sections 5.04.05 A.5 and
5.04.06 13.1.
i. Sign placement shall not obstruct or impair the safe visibility,
ingress, or egress of pedestrians and motorists.
b. The occupant of a lot, parcel, multi -tenant parcel or mixed use
building, may display 1 on -site temporary sign; a second such sign
may be displayed on a property having a second street frontage.
C. Absent specific standards to the contrary, temporary signs shall be
located onsite and no closer than 10 feet to any property line.
d. Temporary signs and banners used an nonresidential or mixed use
properties shall not exceed 32 square feet in sign area or 8 feet in
height.
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e. Temporary signs used on residentially zoned properties shall not
exceed 4 square feet in area or 3 feet in height.
Temporary Sign Permit Types and Standards.
1. Temporary Events. A temporary use permit for a temporary event, issued
per LDC section 5.04.05., shall allow for the placement of temporary
signage as classified and regulated herein.
a. A "sign only" temporary use permit may be issued for temporary
ground signs and banners used to promote a sale, event, or activity
not requiring a temporary event temporary use permit per LDC
section 5.04.05 of this Code. Such uses include, however are not
limited to, study or course offerings, vacation camp, non-public
indoor events, and sales events occurring within the confines of an
established business.
"Sign only" temporary use permits will be allowed, regulated,
and enforced as special event signs.
ii. Time limits for "sign only" temporary use permits shall be the
same as those for special events, see LDC subsection
5.04.05 A.3.
b. Special event signs.
Special event signs shall be erected not more than 15
calendar days prior to the supporting event and shall be
removed within 7 calendar days after the event has taken
place.
C. Seasonal sales signs.
d. Garage sales signs. Two temporary signs may be placed on the
property where the sale is being conducted.
e. Temporary signs for events in County right-of-way.
i. Signs may display the event, name, date, location and a
directional arrow pointing to the direction of the event only.
ii. No sales, advertisement, or commercial message is allowed
on signs.
iii. Maximum dimension of 2 feet by 3 feet.
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iv. No signs shall be erected more than seven days prior to a
scheduled event, and all signs must be removed within three
business days after the event completion_
V. No signs shall be located within the right-of-way medians.
vi. No signs shall be attached to traffic control signs or other
authorized highway signs and impede vehicular or pedestrian
traffic.
vii. Limited to six signs within a five -mile radius of the event
boundaries. However, events recognized at a regular meeting
of the Board of County Commissioners to benefit the
Community and promote tourism are limited to up to 40 signs.
SUBSECTION 3.1. AMENDMENTS TO SECTION 10.02.06 REQUIREMENTS FOR
PERMITS
Section 10.02.06, of Ordinance 04-41, as amended, the Collier County Land
Development Code, is hereby amended to read as follows:
10.02.06 — Requirements for Permits
A. Generally. Any permit submitted to the County must meet the requirements for
that particular permit, as more specifically stated below.
J. Zoning Verification Letter.
1. A zoning verification letter may be used to verify the zoning of a property
according to the Collier County Zoning Map, the Future Land Use Map, and
the Growth Management Plan and establish the following determinations.
a. Generally. The County Manager or designee may issue a zoning
verification letter that verifies the zoning of a property. Additional
information may be requested about the subject property, including
but not limited to the following:
i. Allowable uses and development standards applicable to the
property under the LDC;
ii. Zoning of adjacent properties;
iii. Confirmation of any site development plan, conditional use, or
variance approved for the property; and
iv. The no1nconforrming status of the property.
�C9marab� 6e Deter.m..R 1F9fl�,he County AA.�n aner designee
a zoning veriftatienF-rcctcrto detemnrrr+.�whether ruse
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e- b. Non-residential Farm Building Exemption. The County Manager or
designee, in coordination with the Collier County Building Official,
may issue a zoning verification letter to establish that a non-
residential farm building and/or fence is exempt from the Florida
Building Code. However, the exemption applies to the structure and
does not exempt the applicant from obtaining the necessary
electrical, plumbing, mechanical, or gas permits for the structure.
d- c. Administrative Fence Waiver. The County Manager or designee may
issue a zoning verification letter to approve an administrative fence
waiver under LDC section 5.03.02 F.5.a.
2. The Administrative Code shall establish the process and application
submittal requirements to obtain a zoning verification letter.
K. Comparable Use Determination.
1. The following Comparable Use Determination CUD shall be used to
determine whether a use is comparable in nature with the list of permitted
uses and the purpose and intent statement of the zoning district overlay,
or PUD.
2. To be effective the Comparable Use Determination shall be a raved b
the Hearing Examiner by decision or Board of Zoning Appeals b
resolution at an advertised public hearing based on the following standards
as applicable:
a. The proposed use possesses similar characteristics to other
permitted uses in the zoning district overlay, or PUD including but
not limited to the following:
i_ Operating hours;
ii. Traffic volume generated/attracted
iii. -fype of vehicles associated with the use
iv. Number and type of required parking spaces, and
V. Business practices and activities.
b. The effect of the proposed use would have on neighboring ro erties
in relation to the noise la re, or odor effects shall be no a reater than
that of other permitted uses in the zoning district overlay, or PUD.
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C. The proposed use is consistent with the GMP meaning the
applicable future land use designation does not specifically rg ohibit
the proposed use, and, where the future land use designation
contains a specific list of allowable uses, the proposed use is not
omitted.
d. The aronosed use shall be comoatible and consistent with the other
permitted uses in the zoning district, overlay, or PUD. w
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e. Any additional relevant information as may be required by County
Manac
ier or Designee.
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3. The Administrative Code shall establish the process and application o
submittal requirements to obtain a Comparable Use Determination.
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SUBSECTION 3.J. AMENDMENTS TO SECTION 10.03.06 PUBLIC NOTICE AND 00
REQUIRED HEARINGS FOR LAND USE PETITIONS
Section 10.03.06, 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
p effirenatiGFI ^F ^Approval of a Comparable Use Determination pursuant to LDC
Zoning 1/ fiGatinr, I etteF that allows a molar use
Section 10,02.0fi K. ��£�Firrv�rvr���«�mu�rtv..ter-�,--rT�rr--ua�thearr-;�
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1. The following advertised public hearings are required:
a. One CCPC WG or Hearing Examiner hearing.
2. The following notice procedures are required:
a. Newspaper Advertisement prior to the advertised public hearing in
accordance with F.S. § 125.66.
Z. Events in County Right -of -Way, ursuant to LDC section 5.04.05 A.5.
1. The following advertised public hearing is re uired:
a. One Hearing Examiner or BCC hearing
2. The following notice procedures are required:
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a. Newspaper advertisement prior to the advertised public hearing in
accordance with F.S. 125.66.
b. Mailed notice prior to the first advertised public hearina. For the
purposes of this application, all mailed notices shall be sent to
property owners, neighborhoods and business associations within
one -quarter mile of the County right-of-way„impacted by the event.
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 "section," "article," or any other appropriate word.
SECTION SIX: EFFECTIVE DATE
This Ordinance shall become effective upon filing with the Florida Department of
State.
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PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this day of , 2020.
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL, CLERK OF COLLIER COUNTY, FLORIDA
in
, Deputy Clerk
Approved as to form and legality:
Heidi F. Ashton-Cicko
Managing Assistant County Attorney
BURT L. SAUNDERS, Chairman
(duplicated from: 20-C MP-01081/63)
10,1512020
PL20190002819; PL20190000389; PL20200000268; PL20190002647
10,15.20 Page 28 of 28
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17.E.2
Collier
co"nty
Growth Management Department
LAND DEVELOPMENT CODE AMENDMENT
PETITION SUMMARY OF AMENDMENT
PL20200000268 This amendment shall extend the effective time period for the Transfer of
Development Rights (TDR) early entry bonus credits from sending lands
ORIGIN in the Rural Fringe Mixed Use District.
Growth Management
Department
HEARING DATES
c�
BCC 11-10-20
LDC SECTION TO BE AMENDED o
CCPC 09-09-20
2.03.07 Overlay Zoning Districts
DSAC 08-05-20
m
DSAC-LDR 06-18-20
N
0
ADVISORY BOARD RECOMMENDATIONS M
DSAC-LDR
DSAC CCPC
Approval
Approval Approval m
BACKGROUND
0
M
This amendment is a companion amendment to the Growth Management Plan Amendment for the Transfer of
CD
Development Rights Early Entry Bonus Extension PL 20190002635. o
On February 25, 2020 (the Transmittal Hearing), the Board of County Commissioners directed staff to transmit
to the Florida Department of Economic Opportunity an amendment to the Growth Management Plan (GMP) that
will extend the effective date of the TDR early entry bonus credits from March 5, 2004 to September 27, 2022.
Final action by the Board (the adoption hearing) is anticipated to occur within the next four months and by
ordinance the Future Land Use Element will be amended and extend the availability of early entry TDR bonus
credits for properties within the RFMU District.
The purpose of this LDC amendment is to be consistent with the GMP amendment and extend the time period to
September 27, 2022 for early entry TDR bonus credits.
FISCAL & OPERATIONAL IMPACTS GMP CONSISTENCY
There are no fiscal or operational impacts The proposed LDC amendment has been reviewed by
associated with this amendment. Comprehensive Planning staff and may be deemed
consistent with the GMP.
EXHIBITS: None
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Amend the LDC as follows:
2.03.07 — Overlay Zoning Districts
D. Special Treatment Overlay (ST).
* * *
* * * * * * * * * *
W
4. Transfer
of Development Rights (TDR).
C.
TDR credits from RFMU sending lands: General Provisions
'a
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ii. Creation of TDR Bonus credits. TDR Bonus credits shall only be
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generated from RFMU sending land property from which TDR
o
credits have been severed. The three types of TDR Bonus credits
J
are as follows: F=aF!y E +n, BGR IS GFe dito
V
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c) Early Entry Bonus credits. Early Entry Bonus credits shallCD
be generated at a rate of 1 additional credit for each TDR
00
credit that is severed from RFMU sending land for the period
from March 5, 2004, until March September 27, 2012 2022,
U
unless further extended by resolution by the Board of
U
County Commissioners. Early Entry Bonus credits shall
o
cease to be generated after the termination of this early
a�
entry bonus period. However, Early Entry Bonus credits may
a
continue to be used to increase density in RFMU and non-
RFMU Receiving Lands after the termination of the Early
Entry Bonus period.
U
f.
Procedures applicable to the severance and redemption of TDR credits
o
and the generation of TDR Bonus credits from RFMU sending lands.
00
ii. In order to facilitate the County's monitoring and regulation of the
c
TDR Program, the County shall serve as the central registry for
w
all TDR severances, transfers (sales) and redemptions, as well
as maintain a public listing of TDR credits available for sale
along with a listing of purchasers seeking TDR credits. No TDR
o
credit generated from RFMU sending lands may be utilized to
0
increase density in any area unless the following procedures are
`V
complied with in full.
a
b) TDR Bonus credits shall not be used to increase density in
either non-RFMU receiving areas or RFMU receiving lands
a
until a TDR credit certificate reflecting the TDR Bonus
credits is obtained from the County and recorded.
1) Early Entry Bonus credits. All TDR credit
certificates issued by the County for the period from
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the effective date of this provision until MaFGh 27,
2015 September 27, 2022, unless further extended
by resolution by the Board of County
Commissioners, shall include one Early Entry
Bonus credit or fractional Early Entry Bonus credit
for each TDR credit or fractional TDR credit
reflected on the TDR credit certificate. Where TDR
credits were severed from March 5, 2004, until the
effective date of this provision, the County shall,
upon receipt of a copy of the TDR credit certificate
reflecting those previously severed TDR credits,
issue a TDR credit certificate entitling Early Entry
Bonus credits equal in number to the previously
severed TDR credits.
* * * * * * * * * * * * *
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Co ,er Couvity
Growth Management Department
LAND DEVELOPMENT CODE AMENDMENT
PETITION
PL20190000389
ORIGIN
Growth Management
Department (GMD)
HEARING DATES
BCC
11/10/2020
CCPC
09/09/2020
DSAC
08/07/2019
DSAC-LDR
03/19/2019
06/18/2019
SUMMARY OF AMENDMENT
This amendment is intended to revise and clarify the procedures and
approval process for Comparable Use Determinations.
LDC SECTIONS TO BE AMENDED
2.03.00 Zoning Districts; Permitted Uses, Accessory Uses, and
Conditional Uses
10.02.06 Requirements for Permits
10.03.06 Public Notice and Required Hearings for Land Use Petitions
ADVISORY BOARD RECOMMENDATIONS
DSAC-LDR DSAC CCPC
Approval Approval Approval with Recommendation
BACKGROUND
Currently, when an applicant submits an application for a Zoning Verification Letter - Comparable Use
Determination, staff reviews the application, makes a determination on the compatibility of the proposed
use and drafts the Zoning Verification Letter (ZVL). Once the ZVL has been completed, the ZVL and
all necessary backup materials are brought before the Hearing Examiner or the Board of Zoning Appeals
(BZA) for affirmation.
This current process of generating a ZVL and then going before the Hearing Examiner or BZA for
affirmation has proven to be confusing for customers. Additionally, staff has requested that there be
standards to determine if a proposed use is comparable to the list of permitted uses within that district,
which has been added to LDC section 10.02.06 K.2.
This proposed LDC amendment removes the Comparable Use Determination process from the Zoning
Verification Letter process and provides criteria to make a comparable use determination. This will
change the process of providing the determination through a ZVL to now providing a recommendation
through a Staff Report. The Staff Report will then be reviewed for approval by the Hearing Examiner
or the Collier County Planning Commission (CCPC).
Additionally, the industrial and commercial zoning districts' list of conditional uses, allows for a
comparable use determination for permitted uses to follow the conditional use review process. This
conflicts with the other sections of the LDC and the comparable use determination process that is utilized
today. Therefore, the language that reflects a conditional use process for a permitted use has been
removed.
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17.E.3
Collier
co"nty
Growth Management Department
DSAC-LDR Subcommittee Recommendation
The DSAC-LDR Subcommittee recommended approval of the proposed LDC amendment, subject to
the following:
• The process of the Comparable Use Determination affirmation with the Office of the Hearing
Examiner remains in place;
• Information regarding the ability to appeal the Comparable Use Determination is provided for;
and
• Provide flexibilty in the application of the criteria within LDC section 10.02.06 K.2.
DSAC Recommendation
The DSAC recommended approval of the proposed LDC amendment, subject to the addition of "as
applicable" to the end of LDC section 10.02.06 K.2.
CCPC Recommendation
The CCPC recommended approval of the proposed LDC amendment, subject to the following:
If the Hearing Examiner decides against hearing the Comparable Use Determination, the CCPC
shall review the petition in lieu of the BCC.
2. Change proposed LDC section 10.02.06 K.1. to read: "The following Comparable Use
Determination (CUD) shall be used to determine whether a use is comparable in nature with the
list of permitted uses, and the purpose and intent statement of the zoning district, overlay, or
PUD."
3. Change the proposed LDC section 10.02.06 K.2.b. to read: The effect of the proposed use would
have on neighboring properties in relation to the noise, glare, or odor effects shall be no greater
than that of other permitted uses in the zoning district, overlay, or PUD.
4. Move the proposed text of LDC section 10.02.06 K.2.d. to LDC section 10.02.06 K.2.e. and
insert new language into subparagraph d. to read as follows: The proposed use shall be
compatible and consistent with the other permitted uses in the zoning district, overlay, or PUD.
The above conditions have been incorporated into the proposed language.
FISCAL & OPERATIONAL IMPACTS GMP CONSISTENCY
There are no anticipated fiscal or operational The proposed LDC amendment has been reviewed
impacts associated with this amendment. by Comprehensive Planning staff and may be
deemed consistent with the GMP
EXHIBITS: A) Amendment History and Existing PUD Standards; and B) Administrative Code
2
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Amend the LDC as follows:
Text underlined is new text to be added
Text strikethrei gh is ono text to he deleted
2.03.00 — ZONING DISTRICTS; PERMITTED USES, ACCESSORY USES, AND CONDITIONAL
USES
In order to carry out and implement the Collier County GMP and the purposes of this LDC, the
following zoning districts, district purposes, and applicable symbols are hereby established:
A. Rules for Interpretation of Uses. In any zoning district, where the list of permitted afd
GRdit;m,auses contains the phrase "any other use which is comparable in nature with
the foregoing uses and is consistent with the permitted uses and purpose and intent
statement of the district" or any similar phrase which provides for a use which is not
clearly defined or described in the list of permitted and ^^r,.1409 uses , which requires
the discretion of the County Manager or designee as to whether or not it is permitted in
the district, then the determination of whether or not that use is permitted in the district
shall be made through the process outlined in LDC section 010.02.06 K.,,
i nterpretatiGnsf of this I lii'
# # # # # # # # # # # # #
2.03.03 — Commercial Zoning Districts
A. Commercial Professional and General Office District (C-1). The purpose and intent of the
commercial professional and general office district C-1 is to allow a concentration of office
type buildings and land uses that are most compatible with, and located near, residential
areas. Most C-1 commercial, professional, and general office districts are contiguous to,
or when within a PUD, will be placed in close proximity to residential areas, and, therefore,
serve as a transitional zoning district between residential areas and higher intensity
commercial zoning districts. The types of office uses permitted are those that do not have
high traffic volumes throughout the day, which extend into the evening hours. They will
have morning and evening short-term peak conditions. The market support for these office
uses should be those with a localized basis of market support as opposed to office
functions requiring inter -jurisdictional and regional market support. Because office
functions have significant employment characteristics, which are compounded when
aggregations occur, certain personal service uses shall be permitted, to provide a
convenience to office -based employment. Such convenience commercial uses shall be
made an integral part of an office building as opposed to the singular use of a building.
Housing may also be a component of this district as provided for through conditional use
approval.
The following uses, as identified with a number from the Standard Industrial
Classification Manual (1987), or as otherwise provided for within this section are
permissible by right, or as accessory or conditional uses within the C-1 commercial
professional and general office district.
a. Permitted uses.
41. Any other commercial use or professional service which is
comparable in nature with the foregoing uses including those that
exclusively serve the administrative as opposed to the operational
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functions of a business and are associated purely with activities
conducted in an office, as determined by the Hearing Examiner or
CCPC, pursuant to LDC section 10.02.06 K.
C. Conditional uses. The following uses are permissible as conditional uses
in the (C-1) commercial professional and general office district, subject to
the standards and procedures established in LDC section 10.08.00.
16. nip- OtheF G9nr V nis Ge F+e'�'MMeFGial WSe WhiGh iS GOmparable iR
gat ire with the foregoing list of permitter} uses anal rensistent �niith
the purpose anrt intent statement of the district as determiner, y
e
the heaFd of Zopipg anneals purswant to sentiop 10.08.00.
* * * * * * * * * * *
B. Commercial Convenience District (C-2). The purpose and intent of the commercial
convenience district (C-2) is to provide lands where commercial establishments may be
located to provide the small-scale shopping and personal needs of the surrounding
residential land uses within convenient travel distance except to the extent that office uses
carried forward from the C-1 district will expand the traditional neighborhood size.
However, the intent of this district is that retail and service uses be of a nature that can be
economically supported by the immediate residential environs. Therefore, the uses should
allow for goods and services that households require on a daily basis, as opposed to those
goods and services that households seek for the most favorable economic price and,
therefore, require much larger trade areas. It is intended that the C-2 district implements
the Collier County GMP within those areas designated agricultural/rural; estates
neighborhood center district of the Golden Gate Master Plan; the neighborhood center
district of the Immokalee Master Plan; and the urban mixed use district of the future land
use element permitted in accordance with the Iocational criteria for commercial and the
goals, objectives, and policies as identified in the future land use element of the Collier
County GMP. The maximum density permissible in the C-2 district and the urban mixed
use land use designation shall be guided, in part, by the density rating system contained
in the future land use element of the Collier County GMP. The maximum density
permissible or permitted in a district shall not exceed the density permissible under the
density rating system.
The following uses, as identified with a number from the Standard Industrial
Classification Manual (1987), or as otherwise provided for within this section are
permissible by right, or as accessory or conditional uses within the C-2 commercial
convenience district.
a. Permitted uses.
74. Any other commercial convenience er prefessienal use which is
comparable in nature with the kG list of permitted uses and
consistent with the purpose and intent statement of the district, as
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determined by the Hearing Examiner or CCPC, pursuant to LDC
section 10.02.06 K. the beapd Of ze^,T„9--appeals., puTsuaRt to
* * * * * * * * * * * * *
C. Conditional uses. The following uses are permissible as conditional uses
in the commercial convenience district (C-2), subject to the standards and
procedures established in section 10.08.00.
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.
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.
93. Any use which was permissible under the prior General Retail
Commercial (GRC) zoning district, as identified by Zoning
Ordinance adopted October 8, 1974, and which was lawfully
existing prior to the adoption of this Code.
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96. Any other intermediate commercial or pFefessie use which is
comparable in nature with the kG4)-list of permitted uses and
consistent with the purpose and intent statement of the district., as
determined by the Hearing Examiner or CCPC, pursuant to LDC
section 10.02.06 K. board Of ZORiRg appeals, pursuant to seGtuE)R
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.
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.
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.
142. Any other general commercial er prefessieRal use which is
comparable in nature with the fC- list of permitted uses and
consistent with the purpose and intent statement of the district., as
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determined by the Hearing Examiner or CCPC, pursuant to LDC
section 10.02.06 K.beard Of ZE)RiRg appeals., pursaaRt W sectlE)R
* * * * * * * * * * * * *
C. Conditional uses. The following uses are permitted as conditional uses in
the general commercial district (C-4), subject to the standards and
procedures established in section 10.08.00.
* * * * * * * * * * * * *
E. Heavy Commercial District (C-5). In addition to the uses provided in the C-4 zoning district,
the heavy commercial district (C-5) allows a range of more intensive commercial uses and
services which are generally those uses that tend to utilize outdoor space in the conduct
of the business. The C-5 district permits heavy commercial services such as full -service
automotive repair, and establishments primarily engaged in construction and specialized
trade activities such as contractor offices, plumbing, heating and air conditioning services,
and similar uses that typically have a need to store construction associated equipment
and supplies within an enclosed structure or have showrooms displaying the building
material for which they specialize. Outdoor storage yards are permitted with the
requirement that such yards are completely enclosed or opaquely screened. The C-5
district is permitted in accordance with the locational criteria for uses and the goals,
objectives, and policies as identified in the future land use element of the Collier County
GMP.
The following uses, as identified with a number from the Standard Industrial
Classification Manual (1987), or as otherwise provided for within this section are
permissible by right, or as accessory or conditional uses within the heavy
commercial district (C-5).
a. Permitted uses.
* * * * * * * * * * * * *
183. Any other heavy commercial er pr„fessi„nal use which is
comparable in nature with the �C�list of permitted uses and
consistent with the purpose and intent statement of the district, as
determined by the Hearing Examiner or CCPC, pursuant to LDC
section 10.02.06 K beard of wing oppealc pursuant to Se Gtien
10.08.00
* * * * * * * * * * * * *
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C. Conditional uses. The following uses are permissible as conditional
uses in the heavy commercial district (C-5), subject to the standards and
procedures established in section 10.08.00.
* * * * * * * * * * * * *
1 4nv other VY iol use whi Mparabl n note ire with
e�v�C$r� �e� ^�-aac-vv�� r C�mpurctpre�m�ucarc-vvrcr r
the foregoing list of permitted uses aR d consistent with the purpose
onrd intent statement of the district as determined by the heaF d of
Zoniniv anneals p irsi cant to section 10.09.00.
* * * * * * * * * * * * *
1'F tt tt tt 1'F 1'Y tt it it it it 1'F 1'F
2.03.04 — Industrial Zoning Districts
A. Industrial District (1). The purpose and intent of the industrial district (1) 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 (1).
* * * * * * * * * * * * *
C. Conditional uses. The following uses are permitted as conditional uses
in the industrial district (1), subject to the standards and procedures
established in section 10.08.00.
* * * * * * * * * * * * *
B. Business Park District (BP). The purpose and intent of the business park district (BP) is to
provide a mix of industrial uses, corporate headquarters offices and business/professional
offices which complement each other and provide convenience services for the employees
within the district; and to attract businesses that create high value added jobs. It is intended
that the BP district be designed in an attractive park -like environment, with low structural
density and large landscaped areas for both the functional use of buffering and enjoyment
by the employees of the BP district. The BP district is permitted by the urban mixed use,
urban commercial, and urban -industrial districts of the future land use element of the
Collier County GMP.
The following uses, as identified within the latest edition of the Standard Industrial
Classification Manual, or as otherwise provided for within this section, are
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permitted as of right, or as uses accessory to permitted primary or secondary uses
or are conditional uses within the business park district.
a. Permitted primary uses. One hundred percent of the total business park
district acreage is allowed to be developed with the following uses:
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permittedfsrge 49 uses and io etheRNioe Glean,' consistent with the
intent and purpose and intent statement of the district, as
determined by the Hearina Examiner or CCPC. Dursuant to LDC
section 10.02.06 K.
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2.03.05 - Civic and Institutional Zoning Districts
A. Public Use District (P). The purpose and intent of public use district (P) is to accommodate
only local, state and federally owned or leased and operated government facilities that
provide essential public services. The P district is intended to facilitate the coordination of
urban services and land uses while minimizing the potential disruption of the uses of
nearby properties.
* * * * * * * * * * * * *
4. The following uses are permitted as of right, or as accessory or conditional uses,
in the public use district (P).
a. Permitted uses.
* * * * * * * * * * * * *
14. Any other public structures and uses which are comparable in
nature with the foregoing list of permitted uses, and consistent with
the purpose and intent statement of the district, as determined by
the Hearing Examiner or CCPC, pursuant to LDC section 10.02.06
K.
* * * * * * * * * * * * *
C. Conditional uses. The following uses are permissible as conditional uses
in the public use district (P), subject to the standards and procedures
established in section 10.08.00:
* * * * * * * * * * * * *
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* * * * * * * * * * * * *
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17.E.3
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F. Golden Gate Parkway Professional Office Commercial Overlay (GGPPOCO).
* * * * * * * * * * * * *
2. These regulations apply to properties north and south of Golden Gate Parkway,
starting at Santa Barbara Boulevard and extending eastward to 52nd Terrace S.W.
in Golden Gate City as measured perpendicularly from the abutting right-of-way
for a distance of approximately 3,600 feet more or less and consisting of
approximately 20.84 acres. These properties are identified on Map two (2) of the
Golden Gate Area Master Plan. Except as provided in this regulation, all other use,
dimensional, and development requirements shall be as required in the underlying
zoning categories.
a. Permitted Uses.
* * * * * * * * * * * * *
42. Any other commercial use or professiGRal servi which is
comparable in nature with the fereg A4g-list of permitted uses, and
consistent with the purpose and intent statement of the overlay, as
determined by the Hearing Examiner or CCPC, pursuant to LDC
section 10.02.06 K.
* * * * * * * * * * * * *
G. Immokalee Urban Overlay District. To create the Immokalee Urban Overlay District with
distinct subdistricts for the purpose of establishing development criteria suitable for the
unique land use needs of the Immokalee Community. The boundaries of the Immokalee
Urban Overlay District are delineated on the maps below.
* * * * * * * * * * * * *
5. Main Street Overlay Subdistrict. Special conditions for the properties identified in
the Immokalee Area Master Plan; referenced on Map 7; and further identified by
the designation "MSOSD" on the applicable official Collier County Zoning Atlas
Maps. The purpose of this designation is to encourage development and
redevelopment by enhancing and beautifying the downtown Main Street area
through flexible design and development standards.
* * * * * * * * * * * * *
e. Conditional uses.
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17.E.3
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Conditional uses of the underlying zoning districts contained within
the subdistrict, subject to the standards and procedures
established in section 10.08.00 and as set forth below:
iii. The following conditional uses may be permitted only on
properties with frontage on North First Street, South First
Street, and North Ninth Street within the Main Street
Overlay Subdistrict:
# # # # # # # # # #
10.02.06 — Requirements for Permits
A. Generally. Any permit submitted to the County must meet the requirements for that
particular permit, as more specifically stated below.
Zoning Verification Letter.
1. A zoning verification letter may be used to verify the zoning of a property according
to the Collier County Zoning Map, the Future Land Use Map, and the Growth
Management Plan and establish the following determinations.
a. Generally. The County Manager or designee may issue a zoning
verification letter that verifies the zoning of a property. Additional
information may be requested about the subject property, including but not
limited to the following:
i. Allowable uses and development standards applicable to the
property under the LDC;
ii. Zoning of adjacent properties;
iii. Confirmation of any site development plan, conditional use, or
variance approved for the property; and
iv. The nonconforming status of the property.
b. Comparable Use The County MaRager or desigRee may
issue a wino Verifinotion letter to `Determine whether a use within a DI D
S ed nsistent-ant7-ble with the surrounding e urronding uses within the DUD. To
be ei-lenti�i� a zeninnyeFiftatTien letter shall he approved by the�hby
resolution .mot an advertised p blin heerinotiid publin he in_
E b. Non-residential Farm Building Exemption. The County Manager or
designee, in coordination with the Collier County Building Official, may
issue a zoning verification letter to establish that a non-residential farm
building and/or fence is exempt from the Florida Building Code. However,
the exemption applies to the structure and does not exempt the applicant
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from obtaining the necessary electrical, plumbing, mechanical, or gas
permits for the structure.
d- c. Administrative Fence Waiver. The County Manager or designee may issue
a zoning verification letter to approve an administrative fence waiver under
LDC section 5.03.02 F.5.a.
2. The Administrative Code shall establish the process and application submittal
requirements to obtain a zoning verification letter.
K. Comparable Use Determination.
1. The following Comparable Use Determination (CUD) shall be used to determine
whether a use is comparable in nature with the list of permitted uses, and the
purpose and intent statement of the zoning district, overlay, or PUD.
2. To be effective. the ComDarable Use Determination shall be aDDroved by the
Hearing Examiner by decision or CCPC by resolution, at an advertised public
hearing based on the following standards, as applicable:
a. The proposed use possesses similar characteristics to other permitted
uses in the zoning district, overlay, or PUD, including but not limited to the
following:
i. Operating hours;
ii. Traffic volume generated/attracted;
iii. Type of vehicles associated with the use;
iv. Number and type of required parking spaces; and
V. Business Dractices and activities.
b. The effect of the proposed use would have on neighboring properties in
relation to the noise, glare, or odor effects shall be no greater than that of
other permitted uses in the zoning district, overlay, or PUD.
C. The proposed use is consistent with the GMP, meaning the applicable
future land use designation does not specifically prohibit the proposed use,
and, where the future land use designation contains a specific list of
allowable uses, the proposed use is not omitted.
d. The proposed use shall be compatible and consistent with the other
permitted uses in the zoning district, overlay, or PUD.
e. Any additional relevant information as may be required by County Manager
or Designee.
3. The Administrative Code shall establish the process and application submittal
requirements to obtain a Comparable Use Determination.
# # # # # # # # # # # # #
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10.03.06 Public Notice and Required Hearings for Land Use Petitions
* * * * * * * * * * * * *
O. AffirmatiOR or aApproval of a Comparable Use Determination pursuant to LDC section
Winn Vel ifi tIGR Letter that allow a ReW i i that io GGMparable fn
10.02.06 K. �e„�--�mEaT�r-Le�t��s ease �
GOMpatible, and GGRsisteRt within a DI Ili N
1. The following advertised public hearings are required: c
a. One CCPC 942rG or Hearing Examiner hearing. E
2. The following notice procedures are required: Q
a. Newspaper Advertisement prior to the advertised public hearing in o
accordance with F.S. § 125.66.
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17.E.3
Attachment A — Amendment History and PUD Language
Amendment History
• Ordinance 91-102 states within each commercial zoning district's list of permitted uses:
...
o C-1/T "Any other commercial use of professional services which is comparable in
N
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nature with the foregoing uses"
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o C-2 "Any other convenience commercial use which is comparable in nature with
E
the foregoing uses."
a
o C-3 "Any other general commercial use which is comparable in nature with the
o
foregoing uses"
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o C-4 "Any other general commercial use which is comparable in nature with the
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foregoing uses."
o C-5 "Any other heavy commercial use which is comparable in nature with the
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foregoing uses."
• Ordinance 93-89 modified the following language:
v
o C-1/T "Any other commercial use or professional services which is comparable in
c
nature with the foregoing uses including those that exclusively serve the
a
administrative as opposed to the operational functions of a business, and are purely
o
associated with activities conducted in an office.
c
o C-2 "Any other convenience commercial use which is comparable in nature with
the foregoing uses including buildings for retail, service and office purposes
E
consistent with the permitted uses and purpose and intent statement of the district."
CD
o C-3 "Any other general commercial use which is comparable in nature with the
CD
foregoing uses including buildings for retail, and service and office purposes
M
consistent with the permitted uses and purpose and intent statement of the district."
o C-4 "Any other general commercial use which is comparable in nature with the
foregoing uses including buildings for retail, and service and office purposes
a
E
consistent with the permitted uses and purpose and intent statement of the district."
v
o C-5 "Any other heavy commercial use which is comparable in nature with the
00
foregoing uses including buildings for retail, service and office purposes consistent
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with the permitted uses and intent and purpose statement of the district."
• Ordinance 2002-03 introduced language included in current LDC section 2.03.00
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• Ordinance 2002-31 removed the comparable use language under the permitted uses
a
sections and relocated to conditional uses while also adding a reference that the
00
determination is made by the BZA and removed language that was introduced in the 2002-
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03 ordinance, as described above.
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o No clear explanation on amendment staff report as to why the change was needed
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• Ordinance 2003-01 added back to the C-1 district: "Any other commercial use or
professional services which is comparable in the nature with the foregoing uses including
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17.E.3
Attachment A — Amendment History and PUD Language
those that exclusively serve the administrative as opposed to the operational functions of a
business and are purely associated with activities conducted in an office."
o No clear explanation on amendment staff report as to why the change was needed
Existing Standards
Existing PUDs
Mini -Triangle PUD (Ord. 18-25):
1 I. Any other principal use which is comparable in nature with the forgoing list of
permitted principal uses, as determined by the Board of Zoning Appeals or the
Hearing Examiner by the process outlined in the LDC.
Creekside Commerce Park (Ord. 18-19)
4-10. Any other use which is comparable in nature with the foregoing uses and
which the Community Development and Environmental Services
Administrator determines to be compatible.
Ford Test Center (Ord. 84-4)
G. Any other use which is compatible in nature with the foregoing uses and
which the Zoning Director determines to he compatible.
Immokalee Regional Airport (Ord. 10-07)
e. Any other use that is comparable in nature with the foregoing list of permitted
principal uses, as determined by the Board of Zoning Appeals (BZA).
Kings Lake (Ord. 08-67)
(29) Any other commercial use or professional service which is comparable
in nature with the fore&oing uses, as determined by the Board_ of Zonin
AApis•
Olde Cypress PUD (00-37)
6. Any other principal use which is comparable in
nature with the foregoing uses and which the Development Services
Director determines to be compatible in the "R" District.
Orange Tree PUD (12-09)
45� Any _other principal use which is comparable in nature with the foregoing list of
permitted Rrincipal uses as determined by the Board of Zoning Appeats BZA
by the process outlined in the LDC or adopted by policy.
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Attachment 6 —Administrative Code
17.E.3
"L. Zoning Verification Letter — PUDComparableUse Determination
Reference LDC subsections 2.03.00 A, 10.02.06 JK, LDC Public Notice subsection 10.03.06 0, LDC
section 8.10.00 and F.S. §125.66.
Applicability A Zoning "^rifleatien I etteFComparable Use Determination may be used to make a
determination that a new use is comparable, compatible, and consistent with the list of
identified permitted and- een -dote uses in a standard zoning district, overlay, or a PUD
ordinance. Depending OR Pl1D ordinance language, ene of the folio f
consent by the Hearing Examiner wall eccur�
Pre -Application A pre -application meeting is not required.
Initiation The applicant files a "Zoning "e�catien Lette .Comparable Use Determination
Application" with the Pmix Zoning Division.
Application The application must include the following:
Contents 1. Applicant contact information.
2. Property information, including:
• Site folio number;
• Site Address;
• Property owner's name; and
• Verification being requested.
3. A narrative statement that describes tThe determination request�aR4 the
justification for the use by a certified land use planner or a land use attorney, and
addresses the standards within LDC section 10.02.06 K.2.
4. Additional materials may be requested by staff depending on the use and justification
provided.
5. PUD Ordinance and Development Commitment information, if applicable.
6. Electronic copies of all documents.
7. Addressing checklist.
Completeness The PlaRRiRg Zoning Division will review the application for completeness. After
and Processing submission of the completed application packet accompanied with the required fee, the
of Application applicant will receive a mailed or electronic response notifying the applicant that the
petition is being processed. Accompanying that response will be a receipt for the
payment and the tracking number (i.e., XXPL201200000) assigned to the petition. This
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Attachment 6 —Administrative Code
17.E.3
petition tracking number should be noted on all future correspondence regarding the
petition.
Notice Notification requirements are as follows. G* See Chapter 8 of the Administrative Code for
additional notice information.
1. Newspaper Advertisement: At least 15 days before the hearing in a newspaper of
general circulation. The legal advertisement shall include:
• Date, time, and location of the hearing;
• Application number and project name;
• PUD name and ordinance number;
• Proposed permitted use; and
• \A.1hetheFthe u .ill be a ed- A affir,ti e d bythe LJeaFing C..-.,ti.inelc. and
• Description of location.
Public Hearing 1. The Hearing Examiner or the CCPC shall hold at least 1 advertised public hearing.
gSee Chapter 9 of the Administrative Code for the Office of the Hearing Examiner
procedures.
Decision maker The Hearing Examiner or the CCPC.
If the PUD ordinance language identifies the CCPC or the Planning; Director (or other
similar County staff) as the authority to determine a use is comparable, compatible, and
consistent, a Staff Report will be presented to the Hearing Examiner or the CCPC for
aooroval of the Comparable Use Determination.
Review Process The °tea Zoning Division will review the application and identify whether
additional materials are needed. Staff will prepare a Staff Report to present to the Office
of the Hearing Examiner or the CCPC for a decision.
Appeal Appeal of a Comparable Use Determination shall be pursuant to Code of Laws and
Ordinances section 250-58.
Updated
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17. E.4
Collier
co"nty
Growth Management Department
LAND DEVELOPMENT CODE AMENDMENT
PETITION
PL20190002647
ORIGIN
Growth Management
Department Staff
SUMMARY OF AMENDMENT
In accordance with F.S. Chapter 125.022, this amendment modifies
the timeframes and procedural review requirements to processing
an application for the approval of a development permit or
development order for Stewardship Receiving Areas (SRA)
Designations.
HEARING DATES LDC SECTIONS TO BE AMENDED
BCC 11-10-20 4.08.07 SRA Designation
CCPC 09-09-20
DSAC 08-05-20
DSAC-LDR 12-17-19
ADVISORY BOARD RECOMMENDATIONS
DSAC-LDR DSAC CCPC
Approval Approval Approval
BACKGROUND
On June 28, 2019, Chapter 2019-165 Laws of Florida was adopted and amended F.S. 125.022 "Development
Permits and Orders". The legislative change established new time limitations and review requirements for an
application for approval of a development permit or development order issued by local governments. As stipulated
in the statue, the terms "development permit" and "development order" have the same meaning under the
Community Planning, F.S.163.3164 (15) and (16), however, building permits are specifically excluded from the
new limitations and requirements. See Exhibit A below.
Currently, the application review process for a Stewardship Receiving Area (SRA) Designation is set forth in
LDC section 4.08.07 E. The SRA application requires a master plan that identifies land uses, number of dwelling
units, and leasable retail and/or office square footage. It includes a development document, reports on public
facilities impact and economic assessment, provision for school concurrency when there are residential uses, and
any SSA Designated Credits. Therefore, an SRA Designation meets the state's definition of a development permit.
The new statutory process requires, within 30 days after receiving an application for approval, the County to issue
a letter indicating all required information has been submitted and the application is deemed complete or advise
the applicant additional information is required and cite any particular areas that are deficient. If the application
is deficient, the applicant has up to 30 days to address and submit the required information. Within 180 days,
after the County has deemed the application complete, the County must act to approve, approve with conditions,
or deny the development permit for applications that require final action through a quasi-judicial hearing or public
hearing. The County may request, and the applicant can agree or not agree to waive the time limitation. In
addition, when reviewing the application, the County may not request additional information from the applicant
more than three times, unless the applicant waives the limitation in writing. Further, before the third request for
additional information is made, the County must offer a meeting with the applicant to resolve any outstanding
issues.
Because the SRA application review process must be in accordance with the requirements of F.S.125.022, this
amendment removes LDC sections 4.08.07 E.3,4,5 and 6. The proposed amendment adds text to comply with the
time limitations and procedural review requirements of F.S.125.022. This is the only LDC section that includes
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17. E.4
Co per CO-9.nty
Growth Management Department
review timeframes in accordance with F.S.125.022.
FISCAL & OPERATIONAL IMPACTS GMP CONSISTENCY
There are no fiscal impacts associated with This LDCA may be deemed consistent with the Future
this amendment. Operational changes will Land Use Element. DW
be as required per F.S. 125.022.
EXHIBITS: A) F.S. Chapters 125.022 and 163.3164 (15) and (16).
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Amend the LDC as follows:
4.08.07-SRA Designation
E. SRA Application Review Process
Text underlined is new text to be added
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Pre -Application Conference with County Staff: Prior to the submission of a formal
application for SRA designation, the applicant shall attend a pre -application
conference with the County Manager or his designee and other county staff,
agencies, and officials involved in the review and processing of such applications
and related materials. If an SRA designation application will be filed concurrent
with an SSA application, only one pre -application conference shall be required.
This pre -application conference should address, but not be limited to, such
matters as:
a. Conformity of the proposed SRA with the goals, objectives, and policies
of the GMP;
Consideration of suitability criteria described in LDC sSection 4.08.07
A.1. and other standards of this Section;
C. SRA master plan compliance with all applicable policies of the RLSA
District Regulations, and demonstration that incompatible land uses are
directed away from FSAs, HSAs, WRAs, and Conservation Lands;
d. Assurance that applicant has acquired or will acquire sufficient
Stewardship Credits to implement the SRA uses, and;
e. Consideration of impacts, including environmental and public
infrastructure impacts.
2. Application Package Submittal., and Processing Fees, and Review. The required
number of SRA Applications and the associated processing fee shall be
submitted to the County Manager or his designee. The contents of said
application package shall be in accordance with LDC sSection 4.08.07 D. The
review and approval of the application shall be in accordance with section
125.022. Florida Statutes.
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Exhibit A — F.S. Chapters 125.022 and 163.3164 (15) and (16)
F.S. Chapter 125.022 Development permits and orders.
(1) Within 30 days after receiving an application for approval of a development permit or development
order, a county must review the application for completeness and issue a letter indicating that all required
information is submitted or specifying with particularity any areas that are deficient. If the application is
deficient, the applicant has 30 days to address the deficiencies by submitting the required additional
information. Within 120 days after the county has deemed the application complete, or 180 days for
applications that require final action through a quasi-judicial hearing or a public hearing, the county must
approve, approve with conditions, or deny the application for a development permit or development order.
Both parties may agree to a reasonable request for an extension of time, particularly in the event of a force
majeure or other extraordinary circumstance. An approval, approval with conditions, or denial of the
application for a development permit or development order must include written findings supporting the
county's decision. The timeframes contained in this subsection do not apply in an area of critical state concern,
as designated in s. 380.0552.
(2) When reviewing an application for a development permit or development order that is certified by a
professional listed in s. 403.0877, a county may not request additional information from the applicant more
than three times, unless the applicant waives the limitation in writing. Before a third request for additional
information, the applicant must be offered a meeting to attempt to resolve outstanding issues. Except as
provided in subsection (5), if the applicant believes the request for additional information is not authorized by
ordinance, rule, statute, or other legal authority, the county, at the applicant's request, shall proceed to
process the application for approval or denial.
(3) When a county denies an application for a development permit or development order, the county shall
give written notice to the applicant. The notice must include a citation to the applicable portions of an
ordinance, rule, statute, or other legal authority for the denial of the permit or order.
(4) As used in this section, the terms "development permit" and "development order' have the same
meaning as in s. 163.3164, but do not include building permits.
(5) For any development permit application filed with the county after July 1, 2012, a county may not
require as a condition of processing or issuing a development permit or development order that an applicant
obtain a permit or approval from any state or federal agency unless the agency has issued a final agency action
that denies the federal or state permit before the county action on the local development permit.
(6) Issuance of a development permit or development order by a county does not in any way create any
rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any
liability on the part of the county for issuance of the permit if the applicant fails to obtain requisite approvals
or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of
state or federal law. A county shall attach such a disclaimer to the issuance of a development permit and shall
include a permit condition that all other applicable state or federal permits be obtained before
commencement of the development.
(7) This section does not prohibit a county from providing information to an applicant regarding what
other state or federal permits may apply.
F.S. 163.3164 Community Planning Act; definitions. As used in this act:
(15) "Development order" means any order granting, denying, or granting with conditions an application for
a development permit.
(16) "Development permit" includes any building permit, zoning permit, subdivision approval, rezoning,
certification, special exception, variance, or any other official action of local government having the effect of
permitting the development of land.
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17.E.5
Collier
co"nty
Growth Management Department
LAND DEVELOPMENT CODE AMENDMENT
PETITION
PL20190002819
ORIGIN
Growth Management
Department
SUMMARY OF AMENDMENT
This amendment establishes submittal requirements, criteria for review,
and an approval process for temporary special events that take place in or
use County right-of-way. It further allows for the temporary placement of
signage within County right-of-way.
LDC SECTIONS TO BE AMENDED
HEARING DATES 5.04.05 Temporary Events
BCC 11-10-20 5.04.06 Temporary Signs
CCPC 09-09-20 10.03.06 Public Notice and Required Hearings for Land Use Petitions
DSAC 08-05-20
DSAC-LDR 06-18-20
12-17-19
ADVISORY BOARD RECOMMENDATIONS
DSAC-LDR DSAC CCPC
Approval with Recommendation Approval Approval
BACKGROUND
On October 22, 2019 the Board directed staff to amend the LDC to establish a temporary use permit and approval
process for special events that require the use and temporary road closure of County owned or maintained rights -
of -way and allow applications for such events to be processed until the LDC new standards are adopted. See
exhibit "A", the executive summary and initial proposed LDC text.
Since the Board's directive, staff has identified the following changes and clarifications:
• In LDC section 5.04.05 A.5.6, the words "development standards" are replaced with applicable
"requirements".
• In LDC section 5.04.05 A.5.i, the word "deputies" is replaced with "law enforcement officers".
• In LDC section 5.04.06 B.Le, the word "directional" is replaced with "temporary" and "to promote
tourism" is added as another benefit to the Community.
• In LDC section 5.04.06 A.3.a, temporary signs are currently prohibited for placement within any public
right-of-way. This standard is amended to allow for an exception when temporary signs are permitted in
accordance with the new provisions of the proposed amendment.
• In LDC section 5.04.05 A.5, a new subsection is added to assure compliance with the Federal Manual on
Uniform Traffic Control Devices and FDOT's Roadway and Traffic Design standard plans for the
location, placement and maintenance of traffic signs associated with the event.
• Lastly, in LDC section 10.03.06, the mail notification requirement is changed so the mailed notice to be
sent is determined by the right-of-way being impacted rather than from the radius of the event.
The proposed standards are designed to provide uniform requirements for temporary special events requiring the
use of rights -of -way. Rights -of -way permit forms shall be updated accordingly.
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17.E.5
Collier
co"nty
Growth Management Department
DSAC-LDR Subcommittee Recommendation on 12-17-19:
• Eliminate the first sentence that states "Any event which necessitates the use of the public rights -of -way
of an arterial or collector roadway...." or reword, since any event can capture everything such as a group
of bicycle riders, high school long distance foot race and yard sales which could use the right-of-way.
• Regulate only those events that would cause excessive congestion, maintenance of vehicular traffic and
necessitate a lane or road closure or cause odor, noise, or lighting impacts.
• Clarify what the difference is for an event, directional, and entrance sign for the event.
• The term "neighborhood", as applied to the mailed notification area is overreaching and creates an
unnecessary expense to include all properties within one -quarter mile radius. The notification should be
limited to only those property owners and homeowner associations abutting the right-of-way being
impacted for the event.
Additional DSAC-LDR Subcommittee Recommendations on 06-18-20:
• Consistently capitalize or use a lower case for the word "County".
o "County" is capitalized throughout the text.
• Consider changing the reference from "Fire District" to "Fire Marshall".
o No change to the text, since "Fire District" is consistent with other provisions within the LDC.
• Consider increasing the temporary sign area from 24 inches by 32 inches to 2' x 3' since it is the standard
size for sign vendors and the sign board would not be cut by 6 inches.
o The right of way permit application for the placement of temporary directional signs limits the
sign dimension to 24 inches by 32 inches. This standard has been applied since 1997. Staff has
no objection to the change since LDC section 5.06.04 F.9 allows on premise directional signs to
be no greater than 6 square feet.
• Clarify mailed notices will be sent out 15 days in advance of first advertised public hearing.
o No change to the text, since the administrative code requires all mailed notices for advertised
public hearings to be sent out 15 days in advance.
• Make the FDOT application requirements more user friendly by narrowing the applicable FDOT maps
and provide an informational check list sheet for local and collector roadways.
o Staff is currently in the process of revising the Application for Special Events form. The pertinent
FDOT Standard Plan Index sheet for state roadways, marked maps and checklist for the placement
of appropriate signage shall be included.
• The recommendations of the DSAC subcommittee members have been considered and the yellow
highlighted text represent the changes since the Board's direction.
County Attorney's Office Recommendation after CCPC recommendation of approval on 09-09-22:
• After the CCPC's recommendation of approval, the County Attorney's Office (CAO) has recommended
deleting the words "owned or maintained" when referencing County rights -of -way. An "owned" county
rights -of -way (ROW) suggests the ROW is fee simple ownership only, which may not include easements,
and "maintained" does not make sense. Additionally, the proposed amendment was revised for grammar
and consistency. The CAO's changes are not substantive amendments and provide additional clarity only.
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CO#1e-r CO-9.nty
Growth Management Department
FISCAL & OPERATIONAL IMPACTS GMP CONSISTENCY
There shall be an added expense for the The various Elements of the Growth Management Plan
applicant to comply with the mailed notice do not regulate the use of rights -of -way. Therefore, this
requirement and for any special event LDCA may be found consistent with the GMP.
reviewed by the HEX or Board.
EXHIBITS: A) Executive Summary
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Amend the LDC as follows:
5.04.05 — Temporary Events
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A. Special Events. This section establishes the location and development standards for
special events, including temporary market events, sales and promotional events, and sports,
religious, aPA community events, and events in County right -of -wax.
Standards applicable to all special events.
a. Sanitary facilities shall be provided for the duration of the event. Proof
of consent by business management shall be provided if permanent
business restrooms are to be used.
Safe ingress and egress shall be provided to the site, including
emergency access measures.
C. A maximum of 25 percent of the vehicular use area may be occupied or
otherwise rendered unusable by the placement of temporary structures,
equipment, and merchandise associated with the special event, unless
equivalent additional off -site parking is provided.
d. The minimum required number of handicapped parking spaces for the
site pursuant to LDC section 4.05.07 shall not be used for the special
event.
e. In support of the special event, temporary structures, equipment,
merchandise, and signage may be placed on the site subject to the
approval of a site diagram depicting the locations of principal structures,
parking, temporary structures, and signage.
Temporary signage shall be subject to the restrictions set forth in
LDC section 5.04.06.
All temporary structures, equipment, merchandise, or placement
and parking of vehicles in conjunction with the special event shall
be located in a parking lot or open space at least 10 feet from the
property line, except events in County right-of-way that are
approved in accordance with LDC section 5.04.05 A.5. All
temporary structures, equipment, merchandise, or placement
and parking of vehicles in conjunction with the special event and
shall be removed at the conclusion of each event.
iii. A building permit may be required for the erection of temporary
tents or structures.
See Collier County Code of Laws Sections 118-102 and 118-131 to 118-
155, or successor sections, for additional standards related to solid
waste and recycling collection.
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g. No sales, advertising, or other activity related to the special event shall
be permitted in the public right-of-way in accordance with Collier County
Code of Laws Section 26-1, or successor sections, unless approved in
accordance with LDC section 5.04.05 A.5.
Application. The Administrative Code shall establish the procedural
requirements for special events.
5. Events in County Right -of -Way.
a. A temporary use permit shall be required for events which take place in any
County right-of-way.
b. The temporary use permit application shall be submitted at least 120 days
prior to an event that requires Hearing Examiner or Board approval or 60
days prior to an event that requires administrative approval.
C. At a minimum, temporary use permit applications for events shall be
reviewed by the following Collier County departments, divisions, and
outside agencies:
i. Collier County Growth Management Department shall determine
compliance with all applicable requirements.
ii. Collier County Sherriff's Office shall determine whether any
additional security or police service is necessary.
iii. The applicable Fire District shall determine whether any additional
fire service is reauired.
iv. Emergency Medical Services shall determine whether any
additional medical services are required.
V. Collier County Bureau of Emergency Services shall determine
whether additional crowd control is reauired.
vi. Collier County Risk Management shall determine whether
additional insurance or bonds are required for the event.
d. Anv event that necessitates the use of the riaht-of-wav of anv arterial or
collector roadway, or any event which necessitates closing all or part of any
County right-of-way between the hours of 7:00 AM through 9:00 AM or 3:30
PM through 6:30 PM shall require review and approval at a public hearing
of the Hearing Examiner or Board of County Commissioners. Public notice
shall be in accordance with LDC section 10.03.06 Z. Any appeal from a
Hearing Examiner decision shall be to the Board of Zoning Appeals.
e. Events that do not require a public hearing as set forth in LDC section
5.04.05 A.5.d above, shall be reviewed by the County Manager or
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designee. Any appeal from an administrative determination shall be to the
Hearing Examiner or Board of Zoning Appeals, as applicable.
f. Criteria for review:
The applicant has complied with all required criteria on the permit
application form.
ii. Sufficient support personnel, including certified crowd managers
are available to assist in the conduct of the event.
iii. Adequate support facilities are available for the event including, but
not being limited to, parking, refuse collection, sanitation, and
lighting.
iv. No conflict exists with the reauested event and other aDDroved and
Previously scheduled events.
V. Crowd size has been determined to be a manageable size for the
proposed event and site.
vi. The event is generally compatible with the character of the
surrounding area.
vii. The applicant complied with the terms and conditions of any
previously approved permits.
ADDlications shall include a site Dlan and route maD that shows the
proposed route of the event, areas of assembly or dispersal, parking areas,
location of temporary signs, maintenance of traffic signs (such as detour
signs, barricades, or cones), stationing of any crowd managers, officers, or
flap persons, temporary detours to be utilized by the public, and all
temDorary construction or structures (staaes. booths. water and toilet
facilities, etc.).
h. The placement and location of maintenance of traffic signs shall be in
accordance with the Federal Manual on Uniform Traffic Control Devices,
as amended, and FDOT's Roadway and Traffic Design standard plans.
Certified crowd control managers shall be provided at a minimum ratio of
one per 250 participants or attendees. Hiring of off -duty law enforcement
officers shall satisfy the requirement for certified crowd control managers.
The Countv Manaaer or desianee may revoke a temDorary use Dermit if it
is determined that any condition or stipulation has been violated, that the
approval was in error or based on inaccurate information, or that the use
negatively impacts the surrounding uses or poses a safety hazard, or
otherwise is negatively impacting the safety, health or welfare of the
general public.
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5.04.06 - Temporary Signs
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A. A temporary use permit is required for the placement of any temporary ground sign, snipe
sign, or banner that is not otherwise lawfully permitted. Temporary signs shall be allowed
subject to the restrictions imposed by this section.
The County Manager or designee may issue temporary sign permits, classified by
use, as necessary to adequately address each of the temporary signs described
within this section. For each permit type the nonrefundable fee shall be as
established in the fee schedule for the services performed by the Growth
Management Division.
2. Temporary signs and banners shall not be erected prior to obtaining the
appropriate temporary use permit and shall be removed on or before the expiration
date of the temporary use permit authorizing said sign.
3. Standards applicable to all temporary signs.
a. Temporary signs and banners permitted by authority of this section shall
not be placed within any public right-of-way, except when an event in the
Countv riaht-of-wav is aDDroved and a temoorary use permit is issued in
accordance with LDC sections 5.04.05 A.5 and 5.04.06 B.1.
i. Sign placement shall not obstruct or impair the safe visibility,
ingress, or egress of pedestrians and motorists.
The occupant of a lot, parcel, multi -tenant parcel or mixed use building,
may display 1 on -site temporary sign; a second such sign may be displayed
on a property having a second street frontage.
C. Absent specific standards to the contrary, temporary signs shall be located
onsite and no closer than 10 feet to any property line.
d. Temporary signs and banners used on nonresidential or mixed use
properties shall not exceed 32 square feet in sign area or 8 feet in height.
e. Temporary signs used on residentially zoned properties shall not exceed 4
square feet in area or 3 feet in height.
B. Temporary Sign Permit Types and Standards.
Temporary Events. A temporary use permit for a temporary event, issued per LDC
section 5.04.05., shall allow for the placement of temporary signage as classified
and regulated herein.
a. A "sign only" temporary use permit may be issued for temporary ground
signs and banners used to promote a sale, event, or activity not requiring
a temporary event temporary use permit per LDC section 5.04.05 of this
Code. Such uses include, however are not limited to, study or course
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offerings, vacation camp, non-public indoor events, and sales events
occurring within the confines of an established business.
"Sign only" temporary use permits will be allowed, regulated, and
enforced as special event signs.
ii. Time limits for "sign only" temporary use permits shall be the same
as those for special events, see LDC subsection 5.04.05 A.3.
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days prior to the supporting event and shall be removed within 7
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highway signs and impede vehicular or pedestrian traffic.
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However, events recognized at a regular meeting of the Board of
County Commissioners to benefit the Community and promote
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10.03.06 — Public Notice and Required Hearings for Land Use Petitions U
* * * * * * * * * * * * *
Z. Events in Countv Riaht-of-Way. pursuant to LDC section 5.04.05 A.5.
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1. The following advertised public hearing is required:
a. One Hearing Examiner or BCC hearing.
2. The following notice procedures are required:
a. Newspaper advertisement prior to the advertised public hearing in
accordance with F.S. 125.66.
Mailed notice prior to the first advertised public hearing. For the purposes
of this application, all mailed notices shall be sent to property owners,
neighborhoods and business associations within one -quarter mile of the
County right-of-way impacted by the event.
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Exhibit A — Executive Summary
16,lk,20
tw2V2019
Reeomutendalion to direct staff to brim beck for a public hearing an ordinance, awcedinp lhr
Land Dcvclopmcni Cadc and the Adminisirativc Ctrdc to clarify the submittal requirements,
criteria for review, and apprimal prnccss for special events that will require the use nit count}
owned nr maintained rights -or -way, and allans applications far such eeenls In he procersed under
the proposed nuw scindards while the I J C amendment pr0cm is Fntlinp,
UILECT[M To provide sufficient time and standard procedures for County divisions or other outside
agene[es required to review all special evenl applications and to streamline the permining pmeess
especially fur application which will require read closure such as parades, racXS, rallirs, or other cvcnl
that would inquire the use of Collier County uwncd or maintained righm—cif-way. This change would
provide staff and outside groups such a4 the Sheriffs NYke, Fire I]istricts, EMCrgertey Radical Scrviccs
Bureau of Emergency Services, and Collier County Risk-Managmwnt, the opportunity to rrvicw in detail
each application and enhance the 11ea Itlt and safety of the residents and visilors to Collier County,
CONSIDERATIONS: The Land Dcveiupment Cudc is silent with regards to Stmtdards fur spmial
cvenu that will squire the use of county owned andfur maintained right-oFway, such as foot races ar
hicy-eic races. Tkliending on the location and timing, these events can have a significant impart an traffic
and acccgs to private properties. Staff pmpo=S cslablishing the following standards and approval process
for these cvwnts:
■ A nquircatcnt for temporary use permits (TUP) for events wlticb take place in any county owned
or maintained rights -of -way (this applies to sidewalks, travel lanes, etc-).
+ A rcquircinem for a public hearing in front of the Hearing Examiner for any -event which
necessitates the use of any arterial or collector rights -of -way or for the closing of any county
owned or maintained righis of -wag during AM or PM peak hours.
+ A requirement to submit applications a minimum of 60 days prior to the beginning of an event
that mquirt%s adminisumlivc approval. and J 20 days prior to an cvcnt that requires a pub lie he:u irlg-
* The ability to appeal administrative d&isiuns In (he. I tearing Evraminer and lu appeal I iearitq;
Lxamincr decisions to the Board of Zuning Appeals.
* A requirement For TUPs For events in rights -of -way to be reviewed by:
* iwollicT Counry Growth Managcmcnt I]ivision,
o Collin County Sherri W5 Ofticc,
o Fire Districts,
o Emergency Medical Services,
o Collier County Bureau of Emergency Services, and
o Collier County Risk Management.
■ A requirement for site plans and route maps,
■ A rcquircmcnt far certified Crowd control managers.
■ An allowance IoT the County Manager or designee to Tcvolkc a 7-1JP under ccnam circumstance ,
■ An allowance CoT directional sigm, to be located in the public right -of --way according to the
following criteria,
o Signs may display the event, name, date, location and directional arrow pointing in she
di iwlim of the evens only,
o Nu sales- advertisement, or commercial mrssuges allowed an signs_
o Maximum dimension of 24 inches by 32 inches,
o No sins shall be crectcd rrwrc than seven days Prior to a schcdu led evcnl, and all sijms
must bc, removed within three bumnms days after the evunt eumpletion,
Packet Pg. 1522
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17.E.5
Exhibit A — Executive Summary
5_A..20
lL1V=019
o ND signs may he located within Lhr mcdians,
o Nn signs shall hr attachrd to traffic control si7x yr nthcr authnrincd highway signs,
o Limilcd to six signs within a fivc-mi lc radius of the c': cnt boundaries, and
o An additional allocation of up to 40 special event directional Cigna for cvcnts rccogniatd
by the Board orCounty Commissioners Io hcncfit the communily-
A rcquircmwnt for NcwcPaper adwrtiscment and mailed notice prior to the advrrtiscd public
hearing.
Standards in Other CoturitiuM00
Standard
Chnrliitte
LvCounty
City of
Sarasota
v4tvFRlm
Fstamimi
Conill,
Naples
C'nD,ity
Ra'ach
C.onrrty
Limitatiimr an Ruud
C'losw s
frafF Safety
x
x
x
f,lanx-"Vtaintcnancr
ofTmf5c
Applicalion
30 alays
30 days prior
t year to 60
14 days
6 months
60 days
uhmittal l3xadlinc
I
days priar
Tuior
far "high
prior
( prior to t tivenl date)
itrtpt t:t
events" or
fk weeks
l I'i}1Ud L4{anag{TRL Rt
:itiii v:�s'ti
Y
cwrdinaltion
with Sherriflf•
S ign StandMULI
x
Public Nolice
Roquircmenta
. U16-Agency
Re%- i eWAppmval
f.'ancrllalion During
Declared
Finer lies
Uministrativc
City
Apprrovel
Council
CAoivrrs
apprDVm]
Jppruvif�l
for street
Ixy Mayor
clMings
ApprAl Prurrss
x
Location of
LDC,
LDC,
LDC
LDC,
Application
Niandards
Adminislrati;c
Applicationpplicalion
Code, Stand-
tcrms and
alone Ordinance
uonditions
Staff is requesting approval to advcttise, and bring back for public liearing, an ordivancc approving IhL'
standards, processes and procedures described above, and authorization to allow staill'to process existing
applications under the pmpusmd ne%v zoning standards while iho zoning i-hangc is in progress-
F1SCGiFACTI Cost of advertising fur the LDC amrndment is estimated at 51,2N-
Packet Pg. V$23
11
LALDC Amendments\Advisory Boards and Public Hearings\BCC\2020\Oct 27\Meeting Materials\LDCA 5.04.05 5.04.06 10.03.06
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Packet Pg. 2355
17.E.5
Exhibit A — Executive Summary
I0=0I q
GROWTH MANAGEMENT EMPACT: There is no Growth ManaVrnent Impact associdtcd with this
Srdi4�n_
LEGAL CONS] DERATIO S: This ilem is approved as 10 Farm and legality, and it NgUiM a majority
vote ioffappruvul_ An aliirinalive vale of tour will be needed when the Board hears the LDC amendment
in the future. (HFAQ
RECOMMENDATION., Rcxommrndatinn to diriwL staff to bring back for a Public ht:aring Un
ordinance, amending the Land Dcvelflpment C.'nde and the AdministratiuC, C rPde to extablish a temporary
rise permit and sppmvaL process for special events that will require the ura of cnunty owned (3r
maintained rights-rf- ay, and gLIlow applications for such teen" to be pmccsccd under th€ proposad new
standards while the LDi aniendmerrt process is pending,
FTL,Vared byt Jaynes French, Deputy Department Head, Grimh Managoment Department
Claudine Au4Lair, Business Cent -or Manager, Growth Managumvra Department
ATTACHMF.NTM)
1. Dmft LDCA for Executive Summary 1-14-19 w CAO approval (PDF)
Packet Pg. 1524
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17.E.5
Exhibit A — Executive Summary
l
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,s_a�zo.Q
DRAFT Teed underlined me new le%l 10 W added
Amend the LDC as follows:
6.04.05 — Temporary Events
A_ Special Events_ This section establishes the location and development standards for
special events, including temporary market events, sales and promotional events. and
sports, religious, eA4comm unity events. and events in rights -of -way.
W
1. Standards applicable to all special events-
a. Sanitary faaillties shall be provided for the duratlon of the event. Proof
of consent by business managemem shall be provided if permanent V3
business restropms are to be used. +
b_ Safe ingress and egress shall be provided to the site, including
arn"ancy access measures_
0. A maximum of 25 percent of the vehicular vso area may be occupied or
otherwlse rendered unusable by the placement of temporary structures,
equipment, and merchandise associated with the special event, unless
equivalent additional off -site parking is provided.
d_ The minimum required number of handicapped parking spaces far the
site pursuant to LDC section 4.05.07 shall not be used for the special
eve nt.
e. In support of the spealal event, temporary structures, equipment,
merchandise, and signage may be placed on the site subject to the
approval of a site diagram depicting the locations of principal structures,
parking, temporary structures, and signage_
Temporary signage shall be subject to the restrictions set forth in
LDC section 5.04.06.
All temporary structures, equipment, marchandise, or placement
and parking of vehicles in conjunction wlth the special event shall
be located in a parking lot or open space at least 10 feet from the
property line. except events in riahts-of-way that are approved in
accordance with LDC section 5.04.05 A.5_ All ternmrary
structures, equipment, merchandise, or placement and parking
of vehicles in conjunction with the special event oFA shall be
removed at the conclusion of each event_
Ili, A bullding permit may be required for the erectlon of temporary
tents or structures.
1
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17.E.5
Exhibit A — Executive Summary
16.A .20. a
1
f_
See Collier County Code of Laws Sections 116.102 and 118-131 to 118-
2
155, or successor sections, for additional standards related to solid
3
waste and recycling collection-
4
5
g_
No sales, advertising, or other activity related talhe special errant shall
6
be permitted in the public rlght-of-way in accordance with Collier County
7
Code of Laws Sectlon 26-1. or successor se! tlens. unless aonroved In
8
ai:cardance with LDC section 5.04:05 A:5.
9
10
h.
Application_ The Administrative Code shall establish the procedural
11
requirements for special events.
12
14
15
5. Events
in Rights -of -Way.
16
17
a.
A temporary use oermd shall' be required far events which lake place m any
18
county awned or maintained riahts-of-way.
19
20
b.
The temporary use permit application shall be submitted at least 120 days
21
prior to an extent that requires Hearing Examiner approval or &D days prior
22
Io an event that requires administrative approval.
23
24
C.
At a minimum, temnorara use permit anolltatlons for events In rights-of-
25
way shall be reviewed by the followlrlb Collier County deearlmerlts.
26
divisions. and outside aaencles.
27
28
i. Collier Gounty Growwh Monagement Department shall determine
29
compliance with all applicable development standards.
30
31
ii_ Collier County Sharriffs Office shall determine whether any
32
additional security or ochre service is ne-cmary.
33
34
Hi. The applicable fire district shall determine whether any additional
35
fire seryIce Is reoulred.
36
37
iv- Emergency Medical Services shall determine whether anv
39
additional medical services are required.
39
40
V. Collier Counter Bureau of Emergency Services sflall determing
41
Aelher additional crowwd control is required.
42
43
vi_ Dallier County frisk Management shall determine whether
44
additional insurance or bonds are reauired for the event.
45
46
d.
Any event Mich necessitates the use of the right-of-way of any arterial or
47
collector roadway, or any anent which necessitates clasing all or part of am
4$
County owned or maintained right-cf-wgy between the hours pf 7:40 AM
49
Through 9!00 AM or 3!30 PM through 610 PM shall require review and
2
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17.E.5
Exhibit A — Executive Summary
15.A.24,a
DRAFTTef1 inderllned le new Lezl to tse added
t approval at a public hearing of the Hearing Examiner or Board of County
2 Commissioners. Public notice shall be in aocardance with LDG section
3 10.03.06 Z_ Any appeal from a Hearing Examiner deaisiGn shall be to the
4 Board of Zoning Appeals.
5
6 e Eyerrts that do not reaulre public hearing as set forth 0 LDC sealer, 5.04.D5
7 A.5 d abowe. shall tre reviewed by the County fvfoneaer or designee. Anw
8 appeal from an administradwe determination shall tre to the Hearing
9 Exemineror Board of Zoning Appeals, as applicable.
10
11 f_ Criteria for rewiew:
12
13 i. The applicant has complied with all reauirod criteria outlined on the
14 permit angllcalion form,
15
16 ii_ Sufficient support aersonnel are available to assist in the conduct
17 of the event_
18
1� iii. Adeguate support facilites are available for the event with the
20 Support facilities including, but not being limited to, parking. refuse
21 collection, sanitation, and lighting.
22
23 Iv No conflict exists with the reauested evens and ether aporoved and
24 previously scheduled eyenta,
25
26 V. Crowd size has been determined to be a manageable size for the
27 proposed event and site.
28
29 wi_ The event is generally -compatible with the character of the
30 surrounding area.
31
32 yli, The applicant complied with terms and oondllians of any previously
33 granted permits.
34
35 Q. Applications shall include a site plan and route map that shows the:
36 proposed roue of the event, areas of assembly or dispersal, parking areas,
37 locatipns of directional signs, maintenance of traffic signs (such as detour
38 signs. barricades, ar Cones)1 stationing of any crowd mani)gem, officers. or
34 ftagaersons, Semporery detours to Ire utilized by the putAic, and all
40 lemporary oonstruction or structures fstafles, buaths. water and tollet
41 etc.),
42
43 h. Certified crowd control managers shall be provided at.a minimum ratio of 1
44- per 250 parGapanis or attendees_ Hiring of off -duty deputies shall saUsfy
45 the rag uiremW for certified crowd control managers.
46
47 i_ The County Manager or designee m2y revoke a larmoorary use oermil If it
48 Is determined that any wndlilion or stinulatlon has been ylolated. that the
49 approval was In error or based en inaccurate Informatlon. or Ihat the use
3
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14.docA
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17.E.5
Exhibit A — Executive Summary
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DRAFT
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negatively impacts the surroundinq uses or poses a safety hazard, OF
otherwise is negativoly imcacting the safety, health or welfar$ of the
general uublic_
# # # # # # # # # # #
: ,."06 - Tem pora ry Signs
A. A temporary use permit is required for the placement of any temporary ground sign_ snipe
sign, or banner that is not oth"se lawfully permitted. Temporary signs shall be allowed
subject t4 the restrictions imposed by this section.
1. The County Manager or designee may Issue temporary sJgn permits, alasslfled by
use, as necessary to adequately address each of the temporary signs described
within this section. For each permit type the nonrefundable fee shall be as
established in the fee schedule for the services performed by the Growth
Management Division.
2. Temporary signs and banners shall not be erected prior to obtaining the
appropriate temporary use permit, and shalf be removed pn OF befpre the
explratlon dale oil the temporary use permil aulhorizing said sign,
3. Standards applicable to all temporary signs.
a_ Temporary signs and banners pernitle,d by authority of this se -lion shall
not be placed within any public right-of-way_
i. Sign placement shall not obstruct or impair the safe visibility,
ingress, or ogress of pedestrians aind molotists.
b. The occupant of a lot, parcel, multi -tenant parcel or mixed use building, may
display 1 orrsite temporary sign; a second such sign may be displayed on a
property hawing a second street frontage.
C. Absent specific standards to the con", temporary signs shall be located onsits
and no closer than 1 Of set to any property I in$_
d. Temporary signs and banners used on nonrasiden6al or mixed use properties shall
not exceed 32 square feet In sign area or 8 feet In height.
e. Temporary signs used on residentially zoned properties shall not exceed 4 square
feet in area or 3 feet in height.
E. Temporary Sign Permit Types and Standards_
1. Temporary Events. A temporary use permit for a temporary event, issued per
section 5,04,06., shall allow for the placement of temporary signag a as classified
and regulated herein.
4
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17.E.5
Exhibit A — Executive Summary
DRAFT
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a_ A "sign only" temporary use permil may W issued for temporary ground
signs and banners used to promote a sale, event, or activo not requiring
a temporary event temporary use permit per section 5.04.05 of this Code,
Such uses include, however are not limited to, study of course oflrerirtgs,
vacation camp, non-public indoor events, and sales events occurring within
the confines of an established business.
i. "Sign only" temporary use permits will bs allowed, reguialed, and
enforced as spacial event signs.
li_ Time limits for "sign only" temporary use permits shall be the same
as those for special events, see subsection 6. 4.05 A.3.
b_ Special event signs.
i. Special event signs shall be erected not more than 15 calendar
days prior to the supporting event and shall be removed within 7
calendar days after the event has taken plate.
c. Seasonal sakes signs.
d. Garage sales signs. Two temporary signs may be placed on the property
where the sale is being conducted.
e_ directional signs for events in rights -of -way signs.
i. Signs may display Ihg event, name, date, location and dire-cGonal
arrow nolntlrm in the dkreetien of the event ontw,
li No sales_ advertisement. or oommerclal message is allowed on
sians-
iii. Maximum dimension of 24 inches by 32 inches-
iv- No signs shall be eracted more than seven days prior to a
scheduled event. and all signs must be removed within Ihrin�e
puniness days after the event completion.
V. No signs may be located within the medians
vi_ No si-uns shall be attached to traffic control signs or other authorized
highway signs_
vii. Limited to six signs within a five -mile radius of the event boundaries.
However. events rewonized at a regular meeting of the Board ni
County CommIssloners to benefli the CorrimurkIty are limited to uo
to 40 directlonal skirls.
# # # At # # # # # # # #
5
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17.E.5
Exhibit A — Executive Summary
t 10.03M — Public Notice and Required Hearings for Land Use Petitions
2
4
5 Z- Eyonis in Rights -of -Way. pursuant to LDC section 5-04.05 A.5.
6
7 1, The following advertised PuWir, hearing is "urred
8
9 a_ One Hearina Examiner or BCC Hearina,
16
11 2. The following noti-ce procedures are required:
12
13 a. Newspaper Advertisoment prior to the advertised public tearing in
14 accordanoo with F.S. 125,66,
15
16 b_ Flailed Notice odor to the first advertised public hearinu, For the .Durooses
17 of this application, all mailed notices shall he sent to ononertu owners, and
18 neighborhood and business assvraations within one -quarter mile radius
19 irom the event-
20
21 # # # # #F # # # # # # # #
all
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NOTICE OF PUBLIC HEARING
NOTICE OF INTENT TO CONSIDER
AN ORDINANCE
Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners
on November 10, 2020, in the Board of County Commissioners Meeting Room, Third Floor, Collier Government
Center, 3299 Tamiami Trail East, Naples, FL., the Board of County Commissioners (BCC) will consider the enactment
Of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows:
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 EXTEND THE AVAILABILITY OF THE
TRANSFER OF DEVELOPMENT RIGHTS EARLY ENTRY BONUS CREDIT FOR SENDING LANDS INTHE
RURAL FRINGE MIXED USE DISTRICT OVERLAY, TO REVISE THE PROCEDURES AND APPROVAL
PROCESS FOR COMPARABLE USE DETERMINATIONS, TO MODIFY THE TIMEFRAMES AND
PROCESS FOR REVIEW OF APPLICATIONS FOR DEVELOPMENT ORDERS IN THE STEWARDSHIP
RECEIVING AREA, TO ESTABLISH AN APPROVAL PROCESS AND DEVELOPMENT STANDARDS
FOR EVENTS WHICH TAKE PLACE IN COUNTY RIGHT-OF-WAY, 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
TWO — ZONING DISTRICTS AND USES, INCLUDING SECTION 2.03.00 ZONING DISTRICTS;
PERMITTED USES, ACCESSORY USES, AND CONDITIONAL USES, SECTION 2.03.03 COMMERCIAL
ZONING DISTRICTS, SECTION 2.03.04 INDUSTRIAL ZONING DISTRICTS, SECTION 2.03.05 CIVIC
AND INSTITUTIONAL ZONING DISTRICTS, SECTION 2.03.07 OVERLAY ZONING DISTRICTS;
CHAPTER FOUR - SITE DESIGN AND DEVELOPMENT STANDARDS, INCLUDING SECTION 4.08.07
SRA DESIGNATION; CHAPTER FIVE. SUPPLEMENTAL STANDARDS, INCLUDING SECTION 5.04.06
TEMPORARY EVENTS, SECTION &04.06 TEMPORARY SIGNS; CHAPTER TEN - APPLICATION,
REVIEW, AND DECISION -MAKING PROCEDURES, INCLUDING SECTION 10.02.06 REQUIREMENTS
FOR PERMITS, SECTION 10.0&06 PUBLIC NOTICE AND REQUIRED HEARINGS FOR LAND USE
PETITIONS; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE
COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE.
A copy or the proposed ordinance is on file with the Clerk to the Board and is available for inspection. All interested
parties are invited to attend and be heard.
NOTE: All persons wishing to speak on any agenda item must register with the County manager prior to presentation
of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any Item: The selection
of any individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a
spokesperson for a group or organization may be allotted 10 minutes to speak on an item.
Persons wishing to have written or graphic materials included in the Board agenda packets, must submit said
material a minimum of 3 weeks prior to the respective public hearing. in any case, written materials intended to be
considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the
public hearing. All materials used in presentations before the Board Will become a permanent part of the record.
As part of an ongoing initiative to promote social distancing during the COVID-19 pandemic„the public will have
the opportunity to provide public comments remotely, as well as in person, during this proceeding. Individuals
who would like to participate remotely, should register any time after the agenda is posted on the County website
which is 6 days before the meeting through the link provided on the front page of the County website at
colliercouniA.dov. Individuals who register will receive an email in advance of the public hearing detailing how they
can participate remotely in this meeting. For additional information about the meeting, please call Geoffrey Willig at
252-8369 or email to Geoffrey Willia@colliercount dl aov, "
Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining
thereto end therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes
the testimony and evidence upon which the appeal is based.
If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you
are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities
Management Division, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356, (239) 252-8380, at
least two days prior to the meeting. Assisted listening devices'for-the hearing impaired are available in the Board
of County Commissioners Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BURT L. SAUNDERS, CHAIRMAN
CRYSTAL K. KINZEL, CLERK
By: Martha Vergara, Deputy Clerk
(SEAL)
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