Ordinance 2020-044 ORDINANCE NO. 2020 - 44
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 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 5.04.05 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) on June
22, 2004, adopted Ordinance No. 04-41, which repealed and superseded Ordinance No.
91-102, as amended, the Collier County Land Development Code, which had an effective
date of October 18, 2004; and
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WHEREAS, on March 18, 1997, the Board adopted Resolution 97-177 establishing
local requirements and procedures for amending the LDC; and
WHEREAS, all requirements of Resolution 97-177 have been met; and
WHEREAS, the Collier County Planning Commission, sitting as the land planning
agency, did hold advertised public hearings on 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 November 10, 2020, and did take action
concerning these amendments to the LDC; and
WHEREAS, the subject amendments to the LDC are hereby determined by this
Board to be consistent with and to implement the Collier County Growth Management
Plan as required by Subsections 163.3194 (1) and 163.3202 (1), Florida Statutes; and
WHEREAS, this ordinance is adopted in compliance with and pursuant to the
Community Planning Act (F.S. § 163.3161 et seq.), and F.S. § 125.01(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, et seq., F.S., the Florida Community
Planning Act (herein after the "Act"), is required to prepare and adopt a comprehensive
plan.
2. After adoption of the Comprehensive Plan, the Act and in particular §
163.3202(1). F.S., mandates that Collier County adopt land development regulations that
are consistent with and implement the adopted comprehensive plan.
3. Section 163.3201, F.S., provides that it is the intent of the Act that the
adoption and enforcement by Collier County of land development regulations for the total
unincorporated area shall be based on, be related to, and be a means of implementation
for, the adopted comprehensive plan.
4. Section 163.3194(1)(b), F.S., requires that all land development regulations
enacted or amended by Collier County be consistent with the adopted comprehensive
plan, or element or portion thereof, and any land regulations existing at the time of
adoption which are not consistent with the adopted comprehensive plan, or element or
portion thereof, shall be amended so as to be consistent.
5. Section 163.3202(3), F.S., states that the Act shall be construed to
encourage the use of innovative land development regulations.
6. On January 10, 1989, Collier County adopted the Collier County Growth
Management Plan (hereinafter the "Growth Management Plan" or "GMP") as its
comprehensive plan pursuant to the requirements of§ 163.3161 et seq., F.S.
7. Section 163.3194(1)(a), F.S., mandates that after a comprehensive plan, or
element or portion thereof, has been adopted in conformity with the Act, all development
undertaken by, and all actions taken in regard to development orders by, governmental
agencies in regard to land covered by such comprehensive plan or element 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 163, 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 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
and conditional 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
conditional 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 interpretations, of this LDC. LDC section 1.06.0010.02.06 K.;
* * * * * * * * * * * * * *
SUBSECTION 3.B. 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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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.
1. The following uses, as identified with a number from the Standard Industrial
Classification Manual (1987), or as otherwise provided for within this section
are permissible by right, or as accessory or conditional uses within the 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 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. Any other convenience commercial use which is comparable
in nature with the foregoing list of permitted uses and
consistent--w'ith the purpose an�tent statement of the
district, as determined by the board of zoning appeals,
pursuant to 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.
1. The following uses, as identified with a number from the Standard Industrial
Classification Manual (1987), or as otherwise provided for within this section
are permissible by right, or as accessory or conditional uses within the C-2
commercial convenience district.
a. Permitted uses.
* * * * * * * * * * * * * *
74. Any other commercial convenience use which
is comparable in nature with the (C 1) 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 board of zoning
* * * * * * * * * * * * * *
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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12. Any other convenience commercial use which is comparable
in nature with the foregoing (C 2) list of permitted uses and
consistent with the purpose and intent statement of the
district, as determined by the board of zoning app als
pursuant to 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.
1. The following uses, as identified with a number from the Standard Industrial
Classification Manual (1987), or as otherwise provided for within this section
are permissible by right, or as accessory or conditional uses within the
commercial intermediate district (C-3).
a. Permitted uses.
* * * * * * * * * * * * * *
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 professional use which
is comparable in nature with the (-5-1-) 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 zoning appeals,
pursuant to section 10.08.00.
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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.
* * * * * * * * * * * * * *
27. Any other intermediate commercial u-sc which is comparable
in nature with the foregoing list of permitted uses and
co�ent with the n rrm it? s and purpose and intent
statement of the district as determined by the hoard of zoning
e
appeals pursuant to section 1 n nit 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.
1. The following uses, as defined with a number from the Standard Industrial
Classification Manual (1987), or as otherwise provided for within this section
are permissible by right, or as accessory or conditional uses within the
general commercial district (C-4).
a. Permitted uses.
* * * * * * * * * * * * * *
142. Any other general commercial or professional use which is
comparable in nature with the (C-1) 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. board of zoning appeals,
pursuant to section 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.
* * * * * * * * * * * * * *
26. Any other general commercial use which is comparable in
nature with the foregoing list of permitted uses and consistent
with the permitted uses and purpose and intent statement of
thesis ricc, as deterrrmr ned—hby the board of zoning appeals
pursuant to 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.
1. The following uses, as identified with a number from the Standard Industrial
Classification Manual (1987), or as otherwise provided for within this section
are permissible by right, or as accessory or conditional uses within the
heavy commercial district (C-5).
a. Permitted uses.
* * * * * * * * * * * * * *
183. Any other heavy commercial or professional use which is
comparable in nature with the (C--1-) 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 zoning appeals,
pursuant to section 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 LDC section
10.08.00.
* * * * * * * * * * * * * *
19. Any other heavy commercial use which is 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 board of zoning appeals pursuant to
section 10.08.00.
* * * * * * * * * * * * * *
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 (I). The purpose and intent of the industrial district (I) is to
provide lands for manufacturing, processing, storage and warehousing,
wholesaling, and distribution. Service and commercial activities that are related
to manufacturing, processing, storage and warehousing, wholesaling, and
distribution activities, as well as commercial uses relating to automotive repair
and heavy equipment sales and repair are also permissible in the I district. The I
district corresponds to and implements the industrial land use designation on the
future land use map of the Collier County GMP.
1. The following uses, as identified within the Standard Industrial
Classification Manual (1987), or as otherwise provided for within this
section, are permitted as a right, or as accessory or conditional uses
within the industrial district (I).
* * * * * * * * * * * * * *
c. Conditional uses. The following uses are permitted as conditional
uses in the industrial district (I), subject to the standards and
procedures established in LDC section 10.08.00.
* * * * * * * * * * * * * *
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26. Any other industrial use which is comparable in nature with
the foregoing list of permitted uses and consistent with the
purpose and inteent stateemri nt of the dist ictc , as-determined
pursuant to 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.
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 forgoing uses and is otherwise clearly consistent
with the intent and purpose and intent statement of the district
as determined by the Hearing 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).
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 LDC section 10.08.00:
* * * * * * * * * * * * * *
13. Any other public uses which arc comparable in nature with the
foregoing uses.
-1-4 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
TDR credits have been severed. The three types of TDR
Bonus credits are as follows: Early Entry Bonus credits
* * * * * * * * * * * * * *
c) Early Entry Bonus credits. Early Entry Bonus credits
shall be generated at a rate of 1 additional credit for
each TDR credit that is severed from RFMU sending
land for the period from March 5, 2004, until #
September 27, 2022 2-042, unless further extended by
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.
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
Entry Bonus period.
* * * * * * * * * * * * * *
f. Procedures applicable to the severance and redemption of TDR
credits and the generation of TDR Bonus credits from RFMU
sending lands.
* * * * * * * * * * * * * *
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
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
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
March 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.
* *
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 profc:sional scrvicc which is
comparable in nature with the foregoing list of permitted uses,
and consistent with the purpose 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:
* * * * * * * * * * * * * *
j- Any other heavy commercial—use which i1
comparable in nature with the foregoing uses
and is dccmcd consistent with the intent of this
Subdistrict.
* * * * * * * * * * * * * *
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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 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.
of the SRA Application, the County manager or his designee shall notify
the applicant in writing that the application is doomed sufficient for agency
u��. uNN�wu�ra ,
review or advise what additional information is nccdcd to find the
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application sufficient. If required, the applicant shall submit additional
information. Within twenty (20) days of rcceipt of the additional
information, the County Manager or his designee shall notify the applicant
in writing that „ pi ratio ee
emed sufficient, or, what additional or
revised information is required. If necessary, the County Manager shall
again inform the applicant in writing of information needed, and the
timcframe outlined herein shall occur until the application is found
sufficient for review.
/1. Review by County Reviewing Agencies: Once the SRA application is
deemed s efficient Oho Co rota Manager or hie r esignee will distrib ite if try
specific County review staff.
5. Staff Review. Within sixty (60) days of receipt of a sufficient application,
County staff shall review the submittal documents and provide comments,
questions, and clarification items to the applicant. If deemed necessary by
County staff or the applicant, a meeting shall be held to address
outstanding issues and confirm public hearing dates
vuwau���.rrri9-r
6. Staff Report. Within ninety (90) days from the receipt of a sufficient
application, County staff shall prepare a written report containing their
review findings a rJ. enconm�mT nrl _of apprr yal approval with
conditions or denial. This timeframe may be extended upon agreement of
County staff and the applicant
* * * * * * * * * * * * * *
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.
1. 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 26-1, 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 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:
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 required.
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 required.
vi. Collier County Risk Management shall determine whether
additional insurance or bonds are required for the event.
d. Any event that necessitates the use of the right-of-way of any 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
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.
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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 character of the
surrounding area.
vii. The applicant complied with the terms and conditions of any
previously approved permits.
g. Applications shall include a site plan and route map 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 temporary 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-duty law
enforcement officers shall satisfy the requirement for certified crowd
control managers.
j. The County Manager or designee 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 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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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:
5.04.06 - 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 County right-of-way is approved and a temporary use
permit is issued in accordance with LDC sections 5.04.05 A.5 and
5.04.06 B.1.
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 on 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.
B. 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.
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:
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 Determination. The County Manager or designee
may ircue a zoning verification letter to determine whether a use
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within a PUD is consistent and compatible with the surrounding uses
within the PUD. To be effective, the zoning verification letter shall-bc
G7 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 approved by
the Hearing Examiner by decision, or Board of Zoning Appeals 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:
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 practices 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.
10.15.20 Page 25 of 28
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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.
* * * * * * * * * * * * * *
SUBSECTION 3.J. AMENDMENTS TO SECTION 10.03.06 PUBLIC NOTICE AND
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
* * * * * * * * * * * * * *
O. Approval of a Comparable Use Determination pursuant to LDC
section 10.02.06 K. Zoning Verification Letter that allows a new use that is
comparable, compatible, and consistent within a PUD.
1. The following advertised public hearings are required:
a. One CCPC BCC 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, pursuant to LDC section 5.04.05 A.S.
1. The following advertised public hearing is required:
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 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.
* * * * * * * * * * * * * *
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 I041\day of NUv x- , 2020.
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL'K._KINZEL, CLERK OF COLLIER COUNTY, FLORIDA
n A
• By: f4e,)1/...Ace.A.as-
Mes#astQ .h afy Clerk BURT L. SAUNDERS, Chairman
Signatteeonly:
Approved as to farm and legality: \'lJ��
rif 4\t)(
\ `Heidi shton-Cicko
Managing Assistant County Attorne
(duplicated from: 20-CMP-01081/63)
10/15/2020
PL20190002819;PL20190000389;PL20200000268;PL20190002647
This ordinance filed with the
Sect tory of State's Office the
ay of NOV4 . ,2<I'D
and ocknowledgemer that
filing receiv d this / clay
outy ow*
10.15.20 Page 28 of 28
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`A 1'
A-f 44
.A �N
FLORIDA DEPARTMENT Of STATE
RON DESANTIS LAUREL M. LEE
Governor Secretary of State
November 17, 2020
Ms. Teresa L. Cannon, BMR Senior Clerk II
Office of the Clerk of the Circuit Court
& Comptroller of Collier County
3329 Tamiami Trail E, Suite#401
Naples, Florida 34112
Dear Ms. Cannon:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 2020-44, which was filed in this office on November 17,
2020.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270