Ordinance 2022-04 ORDINANCE NO. 22 — na
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 CORRECT SCRIVENER'S ERRORS AND
UPDATE CROSS REFERENCES RELATED TO VARIOUS LAND DEVELOPMENT
CODE (LDC) SECTIONS, INCLUDING THE FLORIDA BUILDING CODE (FBC), THE
FLORIDA FIRE PREVENTION CODE (FPC), THE FLORIDA STATUTES (F.S.), AND
FLORIDA ADMINISTRATIVE CODE (F.A.C.) CHAPTER AND RULE CITATIONS,
AND TO UPDATE THE GOODLAND ZONING OVERLAY MAP WITH NO
BOUNDARY CHANGE; BY PROVIDING FOR: SECTION ONE, RECITALS;
SECTION TWO, FINDINGS OF FACT; SECTION THREE, ADOPTION OF
AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY
AMENDING THE FOLLOWING: CHAPTER ONE GENERAL PROVISIONS,
INCLUDING SECTIONS 1.07.00 LAWS ADOPTED BY REFERENCE AND 1.08.02
DEFINITIONS; CHAPTER TWO ZONING DISTRICTS AND USES, INCLUDING
SECTION 2.03.07 OVERLAY ZONING DISTRICTS; CHAPTER FOUR SITE DESIGN
AND DEVELOPMENT STANDARDS, INCLUDING SECTION 4.02.03 SPECIFIC
STANDARDS FOR LOCATION OF ACCESSORY BUILDINGS AND STRUCTURES
AND SECTION 4.02.22 DESIGN STANDARDS FOR THE GOODLAND ZONING
OVERLAY DISTRICT; CHAPTER FIVE SUPPLEMENTAL STANDARDS, INCLUDING
SECTION 5.05.04 GROUP HOUSING; CHAPTER SIX INFRASTRUCTURE
IMPROVEMENTS AND ADEQUATE PUBLIC FACILITIES REQUIREMENTS,
INCLUDING SECTION 6.06.01 STREET SYSTEM REQUIREMENTS; AND CHAPTER
TEN APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES,
INCLUDING SECTIONS 10.01.02 DEVELOPMENT ORDERS REQUIRED AND
10.02.03 REQUIREMENTS FOR SITE DEVELOPMENT, SITE IMPROVEMENT
PLANS AND AMENDMENTS THEREOF; SECTION FOUR, CONFLICT AND
SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND
DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE. [PL20210002604]
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2004, adopted Ordinance No. 04-41, which repealed and superseded Ordinance No. 91-102, as
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amended, the Collier County Land Development Code, which had an effective date of October
18, 2004; and
WHEREAS, on March 18, 1997, the Board adopted Resolution 97-177 establishing local
requirements and procedures for amending the LDC; and
WHEREAS, all requirements of Resolution 97-177 have been met; and
WHEREAS, the Collier County Planning Commission, sitting as the land planning
agency, did hold an advertised public hearing on December 16, 2021, 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 January 25, 2022, and did take action concerning these
amendments to the LDC; and
WHEREAS, the subject amendments to the LDC are hereby determined by this Board to
be consistent with and to implement the Collier County Growth Management Plan as required
by Subsections 163.3194 (1) and 163.3202 (1), Florida Statutes; and
WHEREAS, this ordinance is adopted in compliance with and pursuant to the
Community Planning Act (F.S. § 163.3161 et seq.), and F.S. § 125.01(1)(t) and (1)(w); and
WHEREAS, this ordinance is adopted pursuant to the constitutional and home rule
powers of Fla. Const. Art. VIII, § 1(g); and
WHEREAS, all applicable substantive and procedural requirements of the law have
otherwise been met.
NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of
Collier County, Florida, that:
SECTION ONE: RECITALS
The foregoing Recitals are true and correct and incorporated by reference herein as if
fully set forth.
SECTION TWO: FINDINGS OF FACT
The Board of Commissioners of Collier County, Florida, hereby makes the following
findings of fact:
1. Collier County, pursuant to § 163.3161, et seq., F.S., the Florida Community
Planning Act (herein after the "Act"), is required to prepare and adopt a comprehensive plan.
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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 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.
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11. Collier County finds that the Land Development Code is intended and necessary
to preserve and enhance the present advantages that exist in Collier County; to encourage the
most appropriate use of land, water and resources consistent with the public interest; to
overcome present handicaps; and to deal effectively with future problems that may result from
the use and development of land within the total unincorporated area of Collier County and it is
intended that this Land Development Code preserve, promote, protect and improve the public
health, safety, comfort, good order, appearance, convenience and general welfare of Collier
County; to prevent the overcrowding of land and avoid the undue concentration of population; to
facilitate the adequate and efficient provision of transportation, water, sewerage, schools,
parks, recreational facilities, housing and other requirements and services; to conserve,
develop, utilize and protect natural resources within the jurisdiction of Collier County; to protect
human, environmental, social and economic resources; and to maintain through orderly growth
and development, the character and stability of present and future land uses and development
in Collier County.
12. It is the intent of the Board of County Commissioners of Collier County to
implement the Land Development Code in accordance with the provisions of the Collier County
Comprehensive Plan, Chapter 125, Fla. Stat., and Chapter 163, Fla. Stat., and through these
amendments to the Code.
SECTION THREE: ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE
SUBSECTION 3.A. AMENDMENTS TO SECTION 1.07.00 LAWS ADOPTED BY
REFERENCE
Section 1.07.00 Laws Adopted By Reference, of Ordinance 04-41, as amended, the Collier
County Land Development Code, is hereby amended to read as follows:
1.07.00 LAWS ADOPTED BY REFERENCE
The following Collier County ordinances and laws, as amended or superseded, are
hereby incorporated into this LDC by reference as if fully set forth and recited herein. Repeal or
amendment of these ordinances, or adoption of successor ordinances, shall not be subject to
procedures otherwise required for adoption of amendments to this LDC, except as otherwise
required by general law.
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Subject Ordinance Number
Building Construction Administrativc Codc 2002 01 [Code of Laws Ch. 22, Art. II}
Florida Building Code 2001 as adopted by 61G20- 2002 01 [Code of Laws §§ 22 106, 22
1.001, Florida Administrative Code (F.A.C.), including 4-0-1
the following technical codes: 2020-48 [Code of Laws Ch. 22, Art. Ill
- Plumbing
• Mechanical
• Fuel Gas
Plumbing Codc {Code §§ 22 106, 22 1081
Mechanical Codc {Code §§ 22 106, 22 1091
Gas Codc {Code §§ 22 106, 22 1101
Swimming Pool Code {Code ch. 22, art. IV, div. 3}
The National Electrical Codc NFPA 70 1 0 {Code ch. 22, art. IV, div. 2}
Florida Fire Prevention Code — Florida Statutes 2002-49 [Code of Laws Ch. 58, Art. II]
633.202 and 69A, F.A.C.
• Chapter'lA 60 69A-60, F.A.C.
• National Fire Protection Association (NFPA) 1
with modification by Ch. /lA 60.003 69A-
60.003, F.A.C.
• National Fire Protection Association (NFPA)
101 with modification by Ch. /lA 60.004 69A-
60.004, F.A.C.
• Referenced Publications added to NFPA 1 and
NFPA 101 by /lA 60.005 69A-60.005, F.A.C.
• NFPA 1141: Standard for Fire Protection
Infrastructure for Land Development in
Wildland, Rural, and Suburban Areas — as
referenced in 69A-60.005, F.A.C.
• NFPA 1142: Standard on Water Supplies for
Suburban and Rural Fire Fighting — as
referenced in 69A-60.005, F.A.C.
• NFPA 1144: Standard for Reducing Structure
Ignition Hazards from Wildland Fire — as
referenced in 69A-60.005, F.A.C.
• NFPA 501A: Standard for Fire Safety Criteria
for Manufactured Home Installations, Sites,
and Communities — as referenced in 69A-
60.005, F.A.C.
• Local Amendments Ord. # 2002-49
• Local policies or code amendments as
adopted by the Fire District having jurisdiction
per F.S.191.008 (4).
Coastal Building Zone (Wind) 87-20 [Code ch. 22, art. IX] 2002-1
Utility Standards 88-76 [Code ch. 134, art. III] 89-23
89-32
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2001-57
Public Right-of-Way Standards 82-91 [Code ch. 110, art. II]
89-26
93-64
Seawall Construction 85-2 [Code ch. 22, art. IX]
85-26
86-5
Water Policy 74-50 [Code ch. 90, art. II]
90-10
2001-27
Collier County Streetscape Master Plan (CCSMP) 97-25
SUBSECTION 3.B. AMENDMENTS TO SECTION 1.08.02 DEFINITIONS
Section 1.08.02 Definitions, of Ordinance 04-41, as amended, the Collier County Land
Development Code, is hereby amended to read as follows:
1.08.02 Definitions
* * * * * * * * * * * * *
Building, zoned height of: The vertical distance from the first finished floor to the highest
point of the roof surface of a flat or Bermuda roof, to the deck line of a mansard roof and
to the mean height level between eaves and ridge of gable, hip, and gambrel roofs.
Where minimum floor elevations have been established by law or permit requirements,
the building height shall be measured from such required minimum floor elevations. (See
section 4.02.01, Exclusions from height limits, and off-street parking within a building.)
Required minimum floor elevations shall be in conformance with the Collier County
Administrative Construction Code (see County adopted FBC Section 104.2.1.2.
Additional Requirements, 8., as set forth in Code of Laws § 22 26) the Florida Building
Code and Collier County Floodplain Management Ordinance and, if necessary, FDEP
requirements for minimum habitable first-floor structural support. Rooftop recreational
space and accessory facilities are also exempted from the limitations established for
measuring the height of buildings. See Figure 3.
* * * * * * * * * * * * *
Camping cabin: A wooden structure designed as a detached, temporary living unit for
recreation or vacation purposes.
* * * * * * * * * * * * *
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SUBSECTION 3.C. AMENDMENTS TO SECTION 2.03.07 OVERLAY DISTRICTS
Section 2.03.07 Overlay Districts, of Ordinance 04-41, as amended, the Collier County Land
Development Code, is hereby amended to read as follows:
2.03.07 Overlay Districts
* * * * * * * * * * * * *
G. Immokalee Urban Overlay District. To create the Immokalee Urban Overlay District with
distinct subdistricts for the purpose of establishing development criteria suitable for the
unique land use needs of the Immokalee Community. The boundaries of the Immokalee
Urban Overlay District are delineated on the maps below.
* * * * * * * * * * * * *
6. Nonconforming Mobile Home Site Overlay Subdistrict. Establishment of special
conditions for these properties which by virtue of actions preceding the adoption
of Ordinance No. 91-102, on October 30, 1991, were deemed to be
nonconforming as a result of inconsistencies with the land development code,
and are located within the Immokalee Urban Boundary as depicted on the
Immokalee Area Master Plan.
* * * * * * * * * * * * *
c. Criteria for review. The following criteria shall apply to the existing
conditions site improvement plan approval process and shall be reviewed
by the County Manager or designee.
* * * * * * * * * * * * *
ii. The District Fire Official Fire authority having jurisdiction shall
provide written confirmation that either an the existing fire
hydrant(s) or a supplemental apparatus, provided by the Fire
District, is adequate can supply the required fire flow needed for
fire protection.
iii. National Fire Codes, 501A 11, Chapter 6, 6.1.1 Site Plan (6.1.1
through 6.1.2). NFPA 501A: Standard for Fire Safety Criteria for
Manufactured Home Installations, Sites, and Communities as
referenced in FAC 69A-60.005.
* * * * * * * * * * * * *
J. Goodland Zoning Overlay (GZO). To create design guidelines and development
standards that will assure the orderly and appropriate development in the unincorporated
area generally known as Goodland. The Goodland Zoning Overlay district (GZO) is
intended to provide regulation and direction under which the growth and development of
Goodland can occur with assurance that the tropical fishing village and small town
environment of Goodland is protected and preserved, and that development and/or
redevelopment reflect the unique residential and commercial characteristics of the
community. The boundaries of the Goodland Zoning Overlay district are delineated on
Map 1 below.
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GZO - Map 1
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* * * * * * * * * * * * *
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SUBSECTION 3.D. AMENDMENTS TO SECTION 4.02.03 SPECIFIC STANDARDS FOR
LOCATION OF ACCESSORY BUILDINGS AND STRUCTURES
Section 4.02.03 Specific Standards For Location Of Accessory Buildings And Structures, of
Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended
to read as follows:
4.02.03 Specific Standards for Location of Accessory Buildings and Structures
* * * * * * * * * * * * *
D. Table of dimensional standards for accessory buildings and structures in zoning districts other
than Rural Agricultural (A) and Estates (E):
Location Accessory Setbacks
Building/Structure Front Rear Side Structure to
Side Rear Structure (If
Detached)
Non- Attached porch SPS 10 feet SRS N/A
Waterfront SPS 10 feet
Lots and
Non-Golf Carports (commercial, SPS SPS SPS 10 feet
Course industrial, and multi-
Lots family)'
Carports (one- and two- SPS 10 feet SRS 10 feet
family) SPS 10 feet
Chickee, barbecue areas SPS 10 feet SRS 10 feet
SPS 10 feet
One-story and multi-story SPS SPS SPS 1/12 with a
parking structures minimum of
10 feet
Parking garage (one- and SPS 10 feet SPS 10 feet
two-family) SPS 10 feet
Permanent emergency Not 10 feet SRS N/A
generators' permitted in SPS 10 feet
front of
building
Satellite dish antennas Not 15 feet SIDS 10 feet
permitted in SPS 15 Feet
front of
building
Swimming pool and/or SPS 10 feet SRS None
screen enclosure (one- SPS 10 feet
and two-family)
Swimming pool (multi- SPS 20 feet 15 feet None
family and commercial) 15 feet 20 feet
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Tennis courts (one- and SPS 15 feet SP5 10 feet
two-family) SPS 15 Feet
Tennis courts (multi- SPS 20 feet 15 feet 20 feet
family, and commercial) 15 feet 20 feet
Trellises, arbors, and None None None None
similar structures that do
not exceed the maximum
fence height in LDC
section 5.03.02
Trellises, arbors, and SPS 10 feet S None
similar structures that SPS 10 feet
exceed the maximum
fence height in LDC
section 5.03.02
Unlisted accessory SPS SPS SPS 10 feet
Utility buildings SPS 10 feet SPS 10 feet
SPS 10 feet
Waterfront Attached porch where SPS 10 feet SPS SPS
Lots and floor or deck of porch are: SPS 10 feet
Golf • In Isles of Capri: Seven
Course feet in height or less
Lots' above the top of seawall
with a maximum of four
feet of stem wall
exposure
• In all other areas: Four
feet in height or less
above top of seawall or
top of bank
Attached porch where SPS 20 feet S-PS SPS
floor or deck of porch are: SPS 20 feet
• In Isles of Capri: More
than seven feet in height
above the top of seawall
or with more than four
feet of stem wall
exposure
• In all other areas: More
than four feet in height
above top of seawall or
top of bank
Boat slips and ramps N/A N/A 7.5 feet N/A
(private) 7.5 feet N/A
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Boathouses and boat SPS N/A See-LDC 10 feet
shelters (private) See LDC ccction:
sections 5.03.06 E
5.03.06 E and F
and F N/A
Carports (commercial, SPS SPS SPS 10 feet
industrial, and multi-
family)'
Carports (one- and two- SPS SPS SPS 10 feet
family)
Chickee, barbecue areas SPS 10 feet SPS 10 feet
SPS 10 feet
Davits, hoists, and lifts N/A N/A See LDC None
See LDC sections
sections 5.03.06 E
5.03.06E and F
and F N/A
Docks, decks, and N/A N/A See LDC N/A
mooring pilings See LDC ccctions
sections 5.03.06 E
5.03.06 E and F
and F N/A
Golf clubhouse and 50 feet 50 feet 50 feet N/A
maintenance buildings4
One-story and multi-story SPS SPS SPS 1/12 with a
parking structures minimum of
10 feet
Parking garage (one- and SPS SPS SPS 10 feet
two-family)
Permanent emergency Not 10 feet SPS N/A
generators' permitted in SPS 10 feet
front of
building
Satellite dish antennas Not 15 feet SPS 10 feet
permitted in SPS 15 Feet
front of
building
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Swimming pool and/or SPS 10 feet S-PS None
screen enclosure (one- SPS 10 feet
and two-family) where
swimming pool decks
are:
• In Isles of Capri: Seven
feet in height or less
above the top of seawall
with a maximum of four
feet of stem wall
exposure
• In all other areas: Four
feet in height or less
above top of seawall or
top of bank
Swimming pool and/or SPS 20 feet SPS None
screen enclosure (one- SPS 20 Feet
and two-family) where
swimming pool decks
are:
• In Isles of Capri: More
than seven feet in height
above the top of seawall
or with more than four
feet of stem wall
exposure
• In all other areas: More
than four feet in height
above top of seawall or
top of bank
Swimming pool (multi- SPS 20 feet 15 feet None
family and commercial) 15 feet 20 feet
Tennis courts (private) SPS 15 feet SPS 10 feet
(one- and two-family) SPS 15 feet
Tennis courts (multi- SPS 35 feet SPS 20 feet
family and commercial) SPS 35 feet
Trellises, arbors, and None None None None
similar structures that do
not exceed the maximum
fence height in LDC
section 5.03.02
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Trellises, arbors, and SPS 10 feet SPS None
similar structures that SPS 10 feet
exceed the maximum
fence height in LDC
section 5.03.02
Unlisted accessory SPS SPS SPS 10 feet
Utility buildings SPS SPS 10 feet 10 feet
10 feet SPS
* * * * * * * * * * * * *
SUBSECTION 3.E. AMENDMENTS TO SECTION 4.02.22 DESIGN STANDARDS FOR GZO
DISTRICT
Section 4.02.22 Design Standards For GZO District, of Ordinance 04-41, as amended, the
Collier County Land Development Code, is hereby amended to read as follows:
4.02.22 Design Standards for GZO District
* * * * * * * * * * * * *
B. Dimensional Sstandards applicable to non-commercial zoning districts.
* * * * * * * * * * * * *
SUBSECTION 3.F. AMENDMENTS TO SECTION 5.05.04 GROUP HOUSING
Section 5.05.04 Group Housing, of Ordinance 04-41, as amended, the Collier County Land
Development Code, is hereby amended to read as follows:
5.05.04 Group Housing
* * * * * * * * * * * * *
E. Emergency Environmental Control Plans. In accordance with Rules 58A 5.036 59A-
36.025 and 59A-4.1265, F.A.C., as amended, Emergency Environmental Control Plans
for assisted living facilities and nursing homes, as defined by §§ 400 and 429 F.S., shall
be submitted as a supplement to its Comprehensive Emergency Management Plan, to
the Bureau of Emergency Services - Emergency Management Division.
1. The Emergency Environmental Control Plans shall include the following
information, in addition to the requirements identified in Rules 58A 5.036 59A-
36.025 and 59A-4.1265, F.A.C., as amended:
* * * * * * * * * * * * *
c. Permanent emergency generator or alternate power sources. Assisted
living facilities or nursing homes, as defined by §§ 400 and 429 F.S., shall
install permanent emergency generators or an alternate power source to
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ensure ambient air temperatures will be maintained at or below 81
degrees Fahrenheit for a minimum of 96 hours in the event of the loss of
primary electrical power.
If a permanent emergency generator is used the following shall be
required:
a) Permanent emergency generator specifications.
i) Permanent emergency generators and the
associated fuel supply shall be sized to ensure
compliance with §§ 58A 5.036 59A-36.025 F.A.C.,
as amended, for assisted living facilities and 59A-
4.1265 F.A.C., as amended, for nursing homes.
* * * * * * * * * * * * *
b) Regular testing and inspections required. Permanent
emergency generators shall be tested under load as
required by §§ 58A 5.036 59A-36.025 F.A.C., as
amended, for assisted living facilities and 59A-4.1265
F.A.C., as amended, for nursing homes, and by
manufacturer's specifications, and be inspected a
minimum of once per year. Each facility shall keep a
written statement on site attesting to the regular
maintenance, third-party testing and inspection of the
generator and fuel system by a service organization
authorized by the manufacturer.
ii. Submittal Requirements.
* * * * * * * * * * * * *
b) Calculations demonstrating adequacy of fuel supply to
comply with §§ 58A 5.036 59A-36.025 F.A.C., as
amended, for assisted living facilities and 59A-4.1265
F.A.C., as amended, for nursing homes.
* * * * * * * * * * * * *
4. Notification of Plan submittal shall be in accordance with Rules 58A 5.036 59A-
36.025 and 59A-4.1265, F.A.C., as amended.
* * * * * * * * * * * * *
SUBSECTION 3.G. AMENDMENTS TO SECTION 6.06.01 STREET SYSTEM
REQUIREMENTS
Section 6.06.01 Street System Requirements, of Ordinance 04-41, as amended, the Collier
County Land Development Code, is hereby amended to read as follows:
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6.06.01 Street System Requirements
* * * * * * * * * * * * *
N. The minimum right-of-way widths to be utilized shall be as follows and, where applicable,
shall be classified by the cross-sections contained in Appendix B, and will be directly
related to traffic volume as indicated in the definition of each street contained herein and,
where applicable, clarified by the cross-sections contained in Appendix B. Private street
right-of-way widths and design may be determined on a case-by-case basis in
accordance with Chapter 10. In the event that the applicant does not apply for a
preliminary subdivision plat, the applicants engineer may request that the County
Manager or his designee approve an alternate private right-of-way cross-section. The
request shall be in writing and accompanied with documentation and justification for the
alternate section based on sound engineering principal&principles and practices.
* * * * * * * * * * * * *
SUBSECTION 3.H. AMENDMENTS TO SECTION 10.01.02 DEVELOPMENT ORDERS
REQUIRED
Section 10.01.02 Development Orders Required, of Ordinance 04-41, as amended, the Collier
County Land Development Code, is hereby amended to read as follows:
10.01.02 Development Orders Required
* * * * * * * * * * * * *
C. Early Construction Authorization (ECA). An ECA permit may grant the applicant a
conditional building permit prior to development order approval subject to the criteria,
limitations, and procedure established in this section.
1. The ECA may be approved by the County Manager or designee if the following
criteria are met:
* * * * * * * * * * * * *
f. The portion of work to be authorized for the permit has been approved by
the Office of the Fire Code Official and under the Florida Fire Prevention
Codc the Fire authority having jurisdiction and in accordance with the
Florida Fire Prevention Code.
* * * * * * * * * * * * *
2. Limitations on construction activity.
a. The ECA permit allows approved construction to commence up to the first
building code inspection. Construction may continue following phased or
complete building permit approval by the Collier County Building
Department and Office of the Fire Code Official the Fire authority having
jurisdiction. All construction is subject to the time limitations identified in
the Florida Building Code, Permit intent, section 105.4.1.
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* * * * * * * * * * * * *
3. Procedure.
a. The ECA permit application shall be reviewed by the Collier County
Planning and Zoning Department, the Building Department and the Office
of the Fire Official the Fire authority having jurisdiction through a
combined submission process.
* * * * * * * * * * * * *
SUBSECTION 3.1. AMENDMENTS TO SECTION 10.02.03 REQUIREMENTS FOR SITE
DEVELOPMENT, SITE IMPROVEMENT PLANS AND AMENDMENTS
THEREOF
Section 10.02.03 Requirements For Site Development, Site Improvement Plans And
Amendments Thereof, of Ordinance 04-41, as amended, the Collier County Land Development
Code, is hereby amended to read as follows:
10.02.03 Requirements for Site Development, Site Improvement Plans and Amendments
thereof
A. Generally
* * * * * * * * * * * * *
5. School Board Review Exemption.
* * * * * * * * * * * * *
b. The expedited site plan for school board review, as referenced in section
10.02.03 A.3.a. of the Land Development Code, will consist of the
following areas of review:
i. Collier County Utilities Standards and Procedures, Ordinance No.
01 57 04-31, as may be amended. In accordance with this
Ordinance, the following requirements must be met:
* * * * * * * * * * * * *
c. School board review ("SBR") process. The SBR for School Board projects
shall be reviewed under the following expedited process:
* * * * * * * * * * * * *
viii. Should the School Board place temporary or portable classrooms
on a site, the School Board will supply additional data to the Fife
Code Office Fire authority having jurisdiction for review pursuant
to Rule /lA 58 69A-58, Florida Administrative Code. In addition,
the School Board will supply the Public Utilities Division with
additional data on temporary and portable classroom facilities
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relative to concurrency issues related to water and sewer capacity
and to the proper sizing of water meters and grease traps. No
other reviews will be required for temporary or portable classroom
facilities.
* * * * * * * * * * * * *
F. Site plan with deviations for redevelopment projects.
* * * * * * * * * * * * *
4. Staff review and recommendation. Based upon evaluation of the factors set forth
in LDC section 10.02.03.F.8 10.02.03 F.7. County Staff shall prepare a report
containing their review findings and a recommendation of approval, approval with
conditions, or denial.
* * * * * * * * * * * * *
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.
Page 18 of 19
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PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this 2) day of , 2022.
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL Ko INZEL;.CLERK OF COLLIER COUNTY, FLORIDA
•
.41
By: YIPL �► `. By:
- •.fy t�' WILLI, L. MCD NIEL, JR., C airman
Attest as to Ciyairip#4'
signature only.
Approved as to form and legality:
cLIA rt ,.___________,
Heidi F. Ashton-Cicko
Managing Assistant County Attorney
04-CMD-01077/1906(01/25/22)
21-LDS-003137/51
This ordinance flied with the
Secretary of Stage's Office the
aa�
_lam day ofA
and ocknow{edgem trot
filing received this __ day
of a0
By
Page 19 of 19
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Eft
it
r/��t I INt..
FLORIDA DEPARTMENT Of STATE
RON DESANTIS LAUREL M.LEE
Governor Secretary of State
February 1, 2022
Ms. Martha Vergara, BMR& VAB Senior Deputy Clerk
Office of the Clerk of the Circuit Court
& Comptroller of Collier County
3329 Tamiami Trail E, Suite #401
Naples, Florida 34112
Dear Ms. Vergara:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 22-04, which was filed in this office on February 1, 2022.
Sincerely,
Anya Owens
Program Administrator
AO/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270