Ordinance 2023-16 ORDINANCE NO. 2023 — 1 6
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE
COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH
INCLUDES THE COMPREHENSIVE LAND REGULATIONS FOR
THE UNINCORPORATED AREA OF COLLIER COUNTY,
FLORIDA, TO PROVIDE THAT COMPARABLE USE
DETERMINATIONS ARE SITE SPECIFIC AND ADD CRITERIA;
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; AND CHAPTER TEN APPLICATION,
REVIEW, AND DECISION-MAKING PROCEDURES, INCLUDING
SECTION 10.02.06 REQUIREMENTS FOR PERMITS, AND
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. [PL20220000207]
Recitals
WHEREAS, on October 30, 1991, the Collier County Board of County Commissioners
adopted Ordinance No. 91-102, the Collier County Land Development Code (hereinafter LDC),
which was subsequently amended; and
WHEREAS, the Collier County Board of County Commissioners ("Board") on June 22,
2004, adopted Ordinance No. 04-41, which repealed and superseded Ordinance No. 91-102, as
amended, the Collier County Land Development Code, which had an effective date of October
18, 2004; and
WHEREAS, on March 18, 1997, the Board adopted Resolution 97-177 establishing local
requirements and procedures for amending the LDC; and
WHEREAS, all requirements of Resolution 97-177 have been met; and
WHEREAS, the Collier County Planning Commission, sitting as the land planning
agency, did hold an advertised public hearing on August 18, 2022, 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 24, 2023 and February 28, 2023, and did take
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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. VI II, § 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 (hereinafter 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
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not consistent with the adopted comprehensive plan, or element or portion thereof, shall be
amended so as to be consistent.
5. Section 163.3202(3), F.S., states that the Act shall be construed to encourage
the use of innovative land development regulations.
6. On January 10, 1989, Collier County adopted the Collier County Growth
Management Plan (hereinafter the "Growth Management Plan" or "GMP") as its comprehensive
plan pursuant to the requirements of § 163.3161 et seq., F.S.
7. Section 163.3194(1)(a), F.S., mandates that after a comprehensive plan, or
element or portion thereof, has been adopted in conformity with the Act, all development
undertaken by, and all actions taken in regard to development orders by, governmental
agencies in regard to land covered by such comprehensive plan or element shall be consistent
with such comprehensive plan or element as adopted.
8. Pursuant to § 163.3194(3)(a), F.S., a development order or land development
regulation shall be consistent with the comprehensive plan if the land uses, densities or
intensities, and other aspects of development are compatible with, and further the objectives,
policies, land uses, densities, or intensities in the comprehensive plan and if it meets all other
criteria enumerated by the local government.
9. Section 163.3194(3)(b), F.S., states that a development approved or undertaken
by a local government shall be consistent with the comprehensive plan if the land uses,
densities or intensities, capacity or size, timing, and other aspects of development are
compatible with, and further the objectives, policies, land uses, densities, or intensities in the
comprehensive plan and if it meets all other criteria enumerated by the local government.
10. On October 30, 1991, Collier County adopted the Collier County Land
Development Code, which became effective on November 13, 1991. The Land Development
Code adopted in Ordinance 91-102 was recodified and superseded by Ordinance 04-41.
11. Collier County finds that the Land Development Code is intended and necessary
to preserve and enhance the present advantages that exist in Collier County; to encourage the
most appropriate use of land, water and resources consistent with the public interest; to
overcome 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
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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 2.03.00 ZONING DISTRICTS;
PERMITTED USES, ACCESSORY USES, AND CONDITIONAL USES
Section 2.03.00, Zoning Districts; Permitted Uses, Accessory Uses, and Conditional Uses, 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:
1. Rules for Interpretation of Uses. In any zoning district, where the list of permitted 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 uses, which requires the discretion of the County
Manager or designee as to whether or not it is permitted at a site specific location 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 10.02.06.K.
* * * * * * * * * * * * *
SUBSECTION 3.B. AMENDMENTS TO SECTION 10.02.06 REQUIREMENTS FOR
PERMITS
Section 10.02.06, Requirements for Permits, of Ordinance 04-41, as amended, the Collier
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County Land Development Code, is hereby amended to read as follows:
10.02.06 Requirements for Permits
* * * * * * * * * * * * *
K. Comparable Use Determination.
1. The following Comparable Use Determination (CUD) shall be used to determine
whether a use at a site-specific location is comparable in nature with the list of
permitted uses and the purpose and intent statement of the zoning district,
overlay, or PUD. Approval of a CUD made at one location shall not be construed
to mean the use is entitled in a different location.
2. To be effective, the Comparable Use Determination shall be approved by the
Hearing Examiner by decision, or Board of Zoning Appeals by resolution after
CCPC recommendation to the BZA, 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.
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. The proposed use shall be compatible with the surrounding
neighborhood.
f. e: Any additional relevant information as may be required by County
Manager or Designee.
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3. The Administrative Code shall establish the process and application submittal
requirements to obtain a Comparable Use Determination.
SUBSECTION 3.C. AMENDMENTS TO SECTION 10.03.06 PUBLIC NOTICE AND
REQUIRED HEARINGS FOR LAND USE PETITIONS
Section 10.03.06, Public Notice and Required Hearings for Land Use Petitions, of Ordinance
04-41, as amended, the Collier County Land Development Code, is hereby amended to read as
follows:
10.03.06 Public Notice and Required Hearings for Land Use Petitions
This section shall establish the requirements for public hearings and public notices. This
section shall be read in conjunction with LDC section 10.03.05 and Chapter 8 of the
Administrative Code, which further establishes the public notice procedures for land use
petitions.
* * * * * * * * * * * * *
O. Approval of a Comparable Use Determination pursuant to LDC section
10.02.06 K.
1. The following advertised public hearings are required:
a. One CCPC or Hearing Examiner hearing.
b. If heard by the Planning Commission, one BZA hearing.
2. The following notice procedures are required:
a. Newspaper Advertisement prior to the advertised public hearing in accordance with
F.S. § 125.66.
* * * * * * * * * * * * *
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.
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SECTION FIVE: INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE
The provisions of this Ordinance shall become and be made a part of the Land
Development Code of Collier County, Florida. The sections of the Ordinance may be
renumbered or re-lettered to accomplish such, and the word "ordinance" may be changed to
"section," "article," or any other appropriate word.
SECTION SIX: EFFECTIVE DATE
This Ordinance shall become effective upon filing with the Florida Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this .3 -'tday of t-rLk Y La-✓' , 2023.
ATTEST: ,,, BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL, CLERK OF COLLIER COUNTY, FLORIDA
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uty Clerk Rick LoCastro, Chairman
sign orAPO ..
Approved as to form and legality:
Heidi F A hton-Cicko
Managing Assistant County Attorney
22-LDS-00160/213
2-8-2023
This ordincr,ce filed with the
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FLORIDA DEPARTMENT Of STATE
RON DESANTIS CORD BYRD
Governor Secretary of State
March 6, 2023
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, FL 34112
Dear Martha Vergara,
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of the Collier County Ordinance No. 2023-16, which was filed in this office on March 6,
2023.
If you have any questions or need further assistance,please contact me at(850) 245-6271 or
Anya.Owens@DOS.MyFlorida.com.
Sincerely,
Anya C. Owens
Program Administrator
Florida Administrative Code and Register
ACO/rra
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270