Ordinance 2024-05 ORDINANCE NO. 2024 — 05
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 REVISE THE REGULATIONS RELATED TO
WIRELESS COMMUNICATION FACILITIES, 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 1 GENERAL PROVISIONS, INCLUDING
SECTION 1.08.02 DEFINITIONS; CHAPTER TWO ZONING DISTRICTS
AND USES, INCLUDING SECTION 2.01.03 ESSENTIAL SERVICES,
SECTION 2.03.01 AGRICULTURAL DISTRICTS, SECTION 2.03.02
RESIDENTIAL ZONING DISTRICTS, SECTION 2.03.03 COMMERCIAL
ZONING DISTRICTS, SECTION 2.03.04 INDUSTRIAL ZONING
DISTRICTS, SECTION 2.03.05 CIVIC AND INSTITUTIONAL ZONING
DISTRICTS, SECTION 2.03.06 PLANNED UNIT DEVELOPMENT
DISTRICTS, SECTION 2.03.07 OVERLAY ZONING DISTRICTS,
SECTION 2.03.08 RURAL FRINGE ZONING DISTRICTS, AND
SECTION 2.03.09 OPEN SPACE ZONING DISTRICTS; CHAPTER
FOUR SITE DESIGN AND DEVELOPMENT STANDARDS, INCLUDING
SECTION 4.02.01 DIMENSIONAL STANDARDS FOR PRINCIPAL USES
IN BASE ZONING DISTRICTS, SECTION 4.02.14 DESIGN
STANDARDS FOR DEVELOPMENT IN THE ST AND ACSC-ST
DISTRICTS, SECTION 4.06.05 GENERAL LANDSCAPING
REQUIREMENTS, AND SECTION 4.08.06 SSA DESIGNATION; AND
CHAPTER FIVE SUPPLEMENTAL STANDARDS, INCLUDING
SECTION 5.05.09 COMMUNICATIONS TOWERS; SECTION FOUR,
CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE
COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX,
EFFECTIVE DATE. [PL20230013966]
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2004, adopted Ordinance No. 04-41, which repealed and superseded Ordinance No. 91-102, as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 7, 2023, 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 February 27, 2024, 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 1.08.02 — 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:
Section 1.08.02 Definitions
* * * * * * * * * * * *
Monopole communications tower: A commercial vertical single tubular self supporting
* * * * * * * * * * * * *
Wireless communication facilities: See all related definitions in LDC section 5.05.09.
* * * * * * * * * * * * *
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SUBSECTION 3.B. AMENDMENTS TO SECTION 2.01.03 - ESSENTIAL SERVICES
Section 2.01.03, Essential Services, of Ordinance 04-41, as amended, the Collier County Land
Development Code, is hereby amended to read as follows:
Section 2.01.03 Essential Services
* * * * * * * * * * * * *
A. The following uses shall be deemed permitted uses in all zoning districts, except CON
districts, RFMU sending lands, NRPAS, HSAS, and FSAS:
* * * * * * * * * * * * *
(}. Wireless comma inication facilities Comma inication towers limited to those
providing wireless emergency telephone service, subject to all applicable
provisions in section 5.05.09 of this Code.
94. Electrical transmission and distribution lines, substations, and emergency
power structures;
-Remainder of list to be renumbered accordingly-
98. Conservation Collier lands which provide for permitted nondestructive, passive
natural resource based recreational and educational activities, exclusive of major
improvements. Permitted minor improvements shall be limited to one (1) ground
sign, not to exceed eight (8) feet in height with a maximum sign area of thirty-two
(32) square feet; a parking area, not to exceed twenty (20) parking spaces; hiking
trails; a fully accessible trail or trail section; educational kiosks not to exceed one
hundred (100) square feet; and public restroom facilities not to exceed five
hundred (500) square feet. The provisions for Conservation Collier lands in this
Code do not affect the underlying zoning districts or land use designations in any
district where Conservation Collier lands are established. Such that no expansion
or diminution of the various zoning district permitted uses is intended or implied
by these provisions, except as stated above with respect to minor
improvements. Oil and gas exploration as defined and regulated in this Code
remains a permitted use on or beneath Conservation Collier lands established in
any zoning district providing for oil and gas exploration as a permitted use
pursuant to subsection 2.03.09 B.1.a.viii.
* * * * * * * * * * * * *
H. Wireless communication facilities, limited to those providing wireless emergency
telephone service, are considered an essential service and shall be permitted and
subject to all applicable provisions in LDC section 5.05.09.
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SUBSECTION 3.C. AMENDMENTS TO SECTION 2.03.01 —AGRICULTURAL DISTRICTS
Section 2.03.01, Agricultural Districts, of Ordinance 04-41, as amended, the Collier County Land
Development Code, is hereby amended to read as follows:
2.03.01 Agricultural Districts
A. Rural Agricultural District (A). The purpose and intent of the rural agricultural district (A)
is to provide lands for agricultural, pastoral, and rural land uses by accommodating
traditional agricultural, agricultural related activities and facilities, support facilities related
to agricultural needs, and conservation uses. Uses that are generally considered
compatible to agricultural uses that would not endanger or damage the agricultural,
environmental, potable water, or wildlife resources of the County, are permissible as
conditional uses in the A district. The A district corresponds to and implements the
Agricultural/Rural land use designation on the future land use map of the Collier County
GMP, and in some instances, may occur in the designated urban area. The maximum
density permissible in the rural agricultural district within the urban mixed use district
shall be guided, in part, by the density rating system contained in the future land use
element of the GMP. The maximum density permissible or permitted in A district shall
not exceed the density permissible under the density rating system. The maximum
density permissible in the A district within the agricultural/rural district of the future land
use element of the Collier County GMP shall be consistent with and not exceed the
density permissible or permitted under the agricultural/rural district of the future land use
element.
1. The following subsections identify the uses that are permissible by right and the
uses that are allowable as accessory or conditional uses in the rural agricultural
district (A).
a. Permitted uses.
* * * * * * * * * * * * *
7. Family care facilities, subject to section 5.05.04.
8. Communications towers up to specified height Wireless
communication facilities, subject to LDC section 5.05.09.
9. Essential services, as set forth in section 2.01.03.
* * * * * * * * * * * * *
c. Conditional uses. The following uses are permitted as conditional uses in
the rural agricultural district (A), subject to the standards and procedures
established in LDC section 10.08.00 and the Administrative Code.
* * * * * * * * * * * * *
12. Collection and transfer sites for resource recovery.
13. Communication towers above specified height, subject to section
5.05.09.
143. Social and fraternal organizations.
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-Remainder of list to be renumbered accordingly-
287. Ancillary plants.
* * * * * * * * * * * * *
B. Estate District (E). The purpose and intent of the estates district (E) is to provide lands
for low density residential development in a semi-rural to rural environment, with limited
agricultural activities. In addition to low density residential development with limited
agricultural activities, the E district is also designed to accommodate as conditional uses,
development that provides services for and is compatible with the low density residential,
semi-rural and rural character of the E district. The E district corresponds to and
implements the estates land use designation on the future land use map of the Collier
County GMP, although, in limited instances, it may occur outside of the estates land use
designation. The maximum density permissible in the E district shall be consistent with
and not exceed the density permissible or permitted under the estates district of the
future land use element of the Collier County GMP as provided under the Golden Gate
Master Plan.
1. The following subsections identify the uses that are permissible by right and the
uses that are allowable as accessory or conditional uses in the estates district
(E).
* * * * * * * * * * * * *
c. Conditional uses. For Estates zoning within the Golden Gate Estates
subdivision, the Golden Gate Area Master Plan in the GMP restricts the
location of conditional uses. The following uses are permissible as
conditional uses in the estates district (E), subject to the standards and
procedures established in LDC section 10.08.00:
* * * * * * * * * * * * *
11. Public schools without an agreement with Collier County, as
described in LDC section 5.05.14. Additional standards in LDC
section 5.05.14 shall also apply.
12. Communication towers up to specified heights Wireless
communication facilities, subject to LDC section 5.05.09.
* * * * * * * * * * * * *
SUBSECTION 3.D. AMENDMENTS TO SECTION 2.03.02 — RESIDENTIAL ZONING
DISTRICTS
Section 2.03.02, Residential Zoning Districts, of Ordinance 04-41, as amended, the Collier
County Land Development Code, is hereby amended to read as follows:
2.03.02 Residential Zoning Districts
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A. Residential Single-Family Districts (RSF-1; RSF-2; RSF-3; RSF-4; RSF-5; RSF-6). The
purpose and intent of the residential single-family districts (RSF) is to provide lands
primarily for single-family residences. These districts are intended to be single-family
residential areas of low density. The nature of the use of property is the same in all of
these districts. Variation among the RSF-1, RSF-2, RSF-3, RSF-4, RSF-5 and RSF-6
districts is in requirements for density, lot area, lot width, yards, height, floor area, lot
coverage, parking, landscaping and signs. Certain structures and uses designed to
serve the immediate needs of the single-family residential development in the RSF
districts such as governmental, educational, religious, and noncommercial recreational
uses are permitted as conditional uses as long as they preserve and are compatible with
the single-family residential character of the RSF district[s]. The RSF districts
correspond to and implement the urban mixed use land use designation on the future
land use map of the Collier County GMP. The maximum density permissible in the
residential single-family (RSF) districts 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 RSF district shall not exceed the density permissible under the density rating system,
except as permitted by policies contained in the future land use element.
* * * * * * * * * * * * *
1. The following subsections identify the uses that are permissible by right and the
uses that are allowable as accessory or conditional uses in the residential single-
family districts (RSF).
* * * * * * * * * * * * *
c. Conditional uses. The following uses are permissible as conditional uses
in the residential single-family districts (RSF), subject to the standards
and procedures established in LDC section 10.08.00.
* * * * * * * * * * * * *
11. Public schools without an agreement with Collier County, as
described in LDC section 5.05.14. Additional standards in LDC
section 5.05.14 shall also apply; however, any high school located
in this district is subject to a compatibility review as described in
LDC section 10.02.03.
12. Wireless communication facilities, subject to LDC section 5.05.09.
* * * * * * * * * * * * *
B. Residential Multi-Family-6 District (RMF-6). The purpose and intent of the residential
multi-family-6 district (RMF-6) is to provide for single-family, two-family and multi-family
residences having a low profile silhouette, surrounded by open space, being so situated
that it is located in close proximity to public and commercial services and has direct or
convenient access to collector and arterial roads on the county major road network. The
RMF-6 district corresponds to and implements the urban mixed use land use designation
on the future land use map of the Collier County GMP. The maximum density
permissible in the RMF-6 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
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the Collier County GMP. The maximum density permissible or permitted in the RMF-6
district shall not exceed the density permissible under the density rating system, except
as permitted by policies contained in the future land use element.
1. The following subsections identify the uses that are permissible by right and the
uses that are allowable as accessory or conditional uses in the RMF-6 district.
* * * * * * * * * * * * *
c. Conditional uses. The following uses are permissible as conditional uses
in the RMF-6 district, subject to the standards and procedures established
in LDC section 10.08.00.
* * * * * * * * * * * * *
10. Public schools without an agreement with Collier County, as
described in LDC section 5.05.14. Additional standards in LDC
section 5.05.14 shall also apply; however, any high school located
in this district is subject to a compatibility review as described in
LDC section 10.02.03.
11. Wireless communication facilities, subject to LDC section 5.05.09.
* * * * * * * * * * * * *
C. Residential Multi-Family-12 District (RMF-12). The purpose and intent of the residential
multi-family 12 district (RMF-12) is to provide lands for multiple-family residences having a mid-
rise profile, generally surrounded by lower structures and open space, located in close proximity
to public and commercial services, with direct or convenient access to collector and arterial
roads on the county major road network. Governmental, social, and institutional land uses that
serve the immediate needs of the multi-family residences are permitted as conditional uses as
long as they preserve and are compatible with the mid-rise multiple-family character of the
district. The RMF-12 district corresponds to and implements the urban mixed use land use
designation on the future land use map of the Collier County GMP. The maximum density
permissible in the RMF-12 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 RMF-12 district shall
not exceed the density permissible under the density rating system, except as permitted by
policies contained in the future land use element.
1. The following subsections identify the uses that are permissible by right and the
uses that are allowable as accessory or conditional uses in the residential multi-
family-12 district (RMF-12).
a. Permitted uses.
* * * * * * * * * * * * *
6. Educational plants and public schools with an agreement with
Collier County, as described in LDC_section 5.05.14; however, any
high school located in this district is subject to a compatibility
review as described in LDC section 10.02.03
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7. Wireless communication facilities, subiect to LDC section 5.05.09.
* * * * * * * * * * * * *
D. Residential Multi-Family-16 District (RMF-16). The purpose and intent of the residential
multi-family-16 district (RMF-16) is to provide lands for medium to high density multiple-
family residences, generally surrounded by open space, located in close proximity to
public and commercial services, with direct or convenient access to arterial and collector
roads on the county major road network. Governmental, social, and institutional land
uses that serve the immediate needs of the multiple-family residences are permitted as
conditional uses as long as they preserve and are compatible with the medium to high
density multi-family character of the district. The RMF-16 district corresponds to and
implements the urban mixed use land use designation on the future land use map of the
Collier County GMP. The maximum density permissible in the RMF-16 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 RMF-16 district shall not exceed the
density permissible under the density rating system, except as permitted by policies
contained in the future land use element.
1. The following subsections identify the uses that are permissible by right and the
uses that are allowable as accessory or conditional uses in the residential multi-
family-16 district (RMF-16).
a. Permitted uses.
4. Educational plants and public schools with an agreement with
Collier County, as described in LDC section 5.05.14; however, any
high school located in this district is subject to a compatibility
review as described in LDC section 10.02.03.
5. Wireless communication facilities, subiect to LDC section 5.05.09.
* * * * * * * * * * * * *
E. Residential Tourist District (RT). The purpose and intent of the residential tourist district(RT) is to
provide lands for tourist accommodations and support facilities, and multiple family uses. The RT
district corresponds with and implements the urban mixed use district and the activity center
district in the urban designated area on the future land use map of the Collier County GMP.
1. The following subsections identify the uses that are permissible by right and the uses that
are allowable as accessory or conditional uses in the residential tourist district (RT).
a. Permitted uses.
5. Townhouses subject to section 5.05.07.
6. Wireless communication facilities, subject to LDC section 5.05.09.
* * * * * * * * * * * * *
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F. Village Residential District (VR). The purpose and intent of the village residential district
(VR) is to provide lands where a mixture of residential uses may exist. Additionally, uses
are located and designed to maintain a village residential character which is generally
low profile, relatively small building footprints as is the current appearance of Goodland
and Copeland. The VR district corresponds to and implements the mixed residential land
use designation on the Immokalee future land use map of the Collier County GMP. It is
intended for application in those urban areas outside of the coastal urban area
designated on the future land use map of the Collier County GMP, though there is some
existing VR zoning in the coastal urban area. The maximum density permissible in the
VR 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 VR district shall not exceed
the density permissible under the density rating system, except as permitted by policies
contained in the future land use element, or as designated on the Immokalee future land
use map of the GMP.
1. The following subsections identify the uses that are permissible by right and the
uses that are allowable as accessory or conditional uses in the village residential
district (VR).
a. Permitted uses.
6. Educational plants and public schools with an agreement with
Collier County, as described in LDC section 5.05.14; however, any
high school located in this district is subject to a compatibility
review as described in LDC section 10.02.03.
7. Wireless communication facilities, subject to LDC section 5.05.09.
* * * * * * * * * * * * *
G. Mobile Home District (MH). The purpose and intent of the mobile home district (MH) is to
provide land for mobile homes and modular built homes, as defined in this Land
Development Code, that are consistent and compatible with surrounding land uses. The
MH District corresponds to and implements the urban mixed-use land use designation
on the future land-use map of the Collier County GMP. The maximum density
permissible in the MH 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 MH
district shall not exceed the density permissible under the density rating system, except
as permitted by policies contained in the future land use element, or as identified in the
Immokalee future land use map of the GMP.
1. The following subsections identify the uses that are permissible by right and the
uses that are allowable as accessory or conditional uses in the mobile home
district (MH).
a. Permitted uses.
5. Educational plants and public schools with an agreement with
Collier County, as described in LDC section 5.05.14; however, any
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high school located in this district is subject to a compatibility
review as described in LDC section 10.02.03.
6. Wireless communication facilities, subject to LDC section 5.05.09.
* * * * * * * * * * * * *
SUBSECTION 3.E. AMENDMENTS TO SECTION 2.03.03—COMMERCIAL ZONING
DISTRICTS
Section 2.03.03, Commercial Zoning Districts, 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 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.
40. Travel agencies (4724, no other transportation services).
41. Wireless communication facilities, subject to LDC section 5.05.09.
442. 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
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conducted in an office, as determined by the Hearing Examiner or
CCPC, pursuant to LDC section 10.02.06 K.
* * * * * * * * * * * * *
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.
* * * * * * * * * * * * *
72. Wallpaper stores (5231) with 1,800 square feet or less of gross
floor area in the principal structure.
73. Wireless communication facilities, subject to LDC section 5.05.09.
734. Any other commercial use or professional services 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.
-Remainder of list to be renumbered accordingly-
756. An existing lawful structure over 1,800 sq. ft. as of July 14, 2014
may be occupied by any C-2 permitted use with a 1,800 sq. ft. or
greater limitation.
Page 13 of 61
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* * * * * * * * * * * * *
C. Commercial Intermediate District (C-3). The purpose and intent of the commercial
intermediate district (C-3) is to provide for a wider variety of goods and services intended
for areas expected to receive a higher degree of automobile traffic. The type and variety
of goods and services are those that provide an opportunity for comparison shopping,
have a trade area consisting of several neighborhoods, and are preferably located at the
intersection of two-arterial level streets. Most activity centers meet this standard. This
district is also intended to allow all of the uses permitted in the C-1 and C-2 zoning
districts typically aggregated in planned shopping centers. This district is not intended to
permit wholesaling type of uses, or land uses that have associated with them the need
for outdoor storage of equipment and merchandise. A mixed-use project containing a
residential component is permitted in this district subject to the criteria established
herein. The C-3 district is permitted in accordance with the 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.
* * * * * * * * * * * * *
92. Wallpaper stores (5231) with 5,000 square feet or less of gross
floor area in the principal structure.
93. Wireless communication facilities, subject to LDC section 5.05.09.
934. 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.
945. Any of the foregoing uses that are subject to a gross floor area
limitation shall be permitted by right without the maximum floor
area limitation if the use is developed as a component of a
shopping center.
956. Any other commercial use or professional services 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.
Page 14 of 61
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967. Any other intermediate commercial use which is comparable in
nature with the list of permitted uses and consistent with the
purpose and intent statement of the district, as determined by the
Hearing Examiner or CCPC, pursuant to LDC section 10.02.06 K.
978. An existing lawful structure over 5,000 sq. ft. as of July 14, 2014
may be occupied by any C-3 permitted use with a 5,000 sq. ft. or
greater limitation.
* * * * * * * * * * * * *
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.
* * * * * * * * * * * * *
27. Cable and other pay television services (4841) including
spccificd hcight, subjcct to section
5.05.09.
* * * * * * * * * * * * *
130. Telegraph and other message communications (4822) including
.pccificd hcight, subject to section
5.05.09.
131. Telephone communications (4812 and 4813) including
.pccificd hcight, subjcct to section
5.05.09.
Page 15 of 61
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* * * * * * * * * * * * *
140. Wireless communication facilities, subject to LDC section 5.05.09.
1401. 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.
1442. Any other commercial use or professional services 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 purely associated with activities
conducted in an office.
1423. Any other general commercial use which is comparable in nature
with the list of permitted uses and consistent with the purpose and
intent statement of the district, as determined by the Hearing
Examiner or CCPC, pursuant to LDC section 10.02.06 K.
* * * * * * * * * * * * *
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.
* * * * * * * * * * * * *
7. Bottle clubs. (All establishments engaged in the retail sale of
alcoholic beverages for on-premise consumption are subject to
the locational requirements of section 5.05.01.).
8. Communication towers above specified height, subject to section
5.05.09.
98. Dealers not elsewhere classified (5599 outdoor display permitted,
excluding Aircraft dealers-retail).
-Remainder of list to be renumbered accordingly-
2425. Veterinary services (0741 and 0742, with outside kenneling).
* * * * * * * * * * * * *
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
Page 16 of 61
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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.
* * * * * * * * * * * * *
32. Cable and other pay television services (4841) including
communications towers up to specified height, subject to section
5.05.09.
* * * * * * * * * * * * *
166. Telegraph and other message communications (4822) including
comma inications towers i p �n specified heigh+ s bject to [ DC
section 5.05.09.
167. Telephone communications (4812 and 4813) including
height, subject to LDC
scction 5.05.09.
* * * * * * * * * * * * *
180. Welding repair (7692).
181. Wireless communication facilities, subject to LDC section 5.05.09.
18-12. 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.
1823. Any other commercial use or professional services 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 purely associated with activities
conducted in an office.
1834. Any other heavy commercial use which is comparable in nature
with the list of permitted uses and consistent with the purpose and
intent statement of the district, as determined by the Hearing
Examiner or CCPC, pursuant to LDC section 10.02.06 K.
Page 17 of 6 I
Words struck through are deleted,words underlined are added
* * * * * * * * * * * * *
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.
* * * * * * * * * * * * *
5. Communications (4812 181 1) with communications towers that
ceed specified height, subject to section 5.05.09.
-Remainder of list to be renumbered accordingly-
1817. Veterinary services (0741 and 0742, without kenneling)
* * * * * * * * * * * * *
F. Travel Trailer-Recreational Vehicle Campground District (TTRVC).
* * * * * * * * * * * * *
2. The following uses are permissible by right, or as accessory or conditional
uses within the travel trailer-recreational vehicle campground district (TTRVC).
a. Permitted uses.
1. Travel trailers, park model travel trailers, pickup coaches, motor
homes and other recreational vehicles.
2. Wireless communication facilities, subject to LDC section 5.05.09.
* * * * * * * * * * * * *
SUBSECTION 3.F. AMENDMENTS TO SECTION 2.03.04 — INDUSTRIAL ZONING
DISTRICTS
Section 2.03.04, Industrial Zoning Districts, 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.
Page 18 of 61
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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).
a. Permitted uses.
* * * * * * * * * * * * *
9. Communications (4812-4899 including communications towers
.).
* * * * * * * * * * * * *
56. Wholesale trade—nondurable goods (5111-5159, 5181, 5182,
5191 except that wholesale distribution of chemicals, fertilizers,
insecticides, and pesticides must be a minimum of 500 feet from a
residential zoning district (5192-5199).
57. Wireless communication facilities, subject to LDC section 5.05.09.
578. Existing retail uses that were in operation on January 1, 2009, in
the Industrial zoning district and which have been continuously
and conspicuously operating in the Industrial zoning district as of
June 8, 2010, without limitation as to square footage of the retail
use. These existing retail businesses shall be treated as legal
non-conforming uses in accordance with the LDC, provided
however that in the event of destruction or damage due to natural
disaster, the structures housing such uses may be rebuilt to their
pre-disaster condition.
* * * * * * * * * * * * *
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.
* * * * * * * * * * * * *
4812 1899 including communications
towers th t exceed specified heights subject to all requirement
section 5.05.09.).
-Remainder of list to be renumbered accordingly-
2-524. Soup kitchen
* * * * * * * * * * * * *
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
Page 19 of 61
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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:
* * * * * * * * * * * * *
4. Communications (4812-4899 including wireless communications
towers-facilities, limited in height to 100 feet and subject to LDC
section 5.05.09.).
* * * * * * * * * * * * *
SUBSECTION 3.G. AMENDMENTS TO SECTION 2.03.05— CIVIC AND INSTITUTIONAL
ZONING DISTRICTS
Section 2.03.05, Civic and Institutional Zoning Districts, of Ordinance 04-41, as amended, the
Collier County Land Development Code, is hereby amended to read as follows:
2.03.05 - Civic and Institutional Zoning Districts
A. Public Use District (P). The purpose and intent of public use district (P) is to
accommodate only local, state and federally owned or leased and operated government
facilities that provide essential public services. The P district is intended to facilitate the
coordination of urban services and land uses while minimizing the potential disruption of
the uses of nearby properties.
* * * * * * * * * * * * *
4. The following uses are permitted as of right, or as accessory or conditional uses,
in the public use district (P).
a. Permitted uses.
* * * * * * * * * * * * *
4. Communication towers.
64. Education facilities.
65. Educational plants.
76. Essential public service facilities.
Page 20 of 61
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87. Fairgrounds.
98. Libraries.
4-09. Museums.
4410. Park and recreational service facilities.
11. Parking facilities.
4-312. Safety service facilities.
4413. Wireless communication facilities, subject to LDC section 5.05.09.
14. Any other public structures and uses which are comparable in nature with the list
of permitted uses, and consistent with the purpose and intent statement of the
district, as determined by the Hearing Examiner or CCPC, pursuant to
LDC section 10.02.06 K.
* * * * * * * * * * * * *
B. Community Facility District (CF). The purpose and intent of (CF) district is to implement
the GMP by permitting nonresidential land uses as generally identified in the urban
designation of the future land use element. These uses can be characterized as public
facilities, institutional uses, open space uses, recreational uses, water-related or
dependent uses, and other such uses generally serving the community at large. The
dimensional standards are intended to insure compatibility with existing or future nearby
residential development. The CF district is limited to properties within the urban mixed
use land use designation as identified on the future land use map.
1. The following uses are permitted as of right, or as accessory or conditional uses,
in the community facility district (CF).
a. Permitted uses.
* * * * * * * * * * * * *
9. Educational services (groups 8211-8231).
10. Wireless communication facilities, subject to LDC section 5.05.09.
* * * * * * * * * * * * *
SUBSECTION 3.H. AMENDMENTS TO SECTION 2.03.06 — PLANNED UNIT
DEVELOPMENT DISTRICTS
Section 2.03.06, Planned Unit Development Districts, of Ordinance 04-41, as amended, the
Collier County Land Development Code, is hereby amended to read as follows:
2.03.06 Planned Unit Development Districts
Page 21 of 61
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D. The following are permissible uses in the Research and Technology Park PUD:
Identified Use Special Notes RTPPUD
Or Regulation
Accessory uses and structures 4.07.02 and P
5.03.00
* * * * * * * * * * * * *
Communication groups 4812-4841 T
Communication towers Wireless Communication 5.05.09
Facilities:
75 feet or less in height g
More than 75 feet in height CU
Computer and data processing services, Computer T
related services, not elsewhere classified
* * * * * * * * * * * * *
SUBSECTION 3.1. AMENDMENTS TO SECTION 2.03.07 — OVERLAY ZONING
DISTRICTS
Section 2.03.07, Overlay Zoning Districts, of Ordinance 04-41, as amended, the Collier County
Land Development Code, is hereby amended to read as follows:
2.03.07 Overlay Zoning Districts
* * * * * * * * * * * * *
F. Golden Gate Parkway Overlay District (GGPOD).
* * * * * * * * * * * * *
6. Prohibited uses. These uses are prohibited, except that uses existing as of
March 16, 2021 may continue to operate as a permitted use until the use ceases
for a period of one year. This section does not apply to the uses allowed in the
underlying zoning district.
a. Prohibited uses in the GGPOD-AC and GGPOD-DT.
xi. Communication towers Wireless communication facilities, subject
to LDC section 5.05.09.
* * * * * * * * * * * * *
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.
* * * * * * * * * * * * *
Page 22 of 61
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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.
a. Permitted uses. For all properties within the Main Street Overlay
Subdistrict, except for properties hatched as indicated on Map 7, the Main
Street Overlay Subdistrict, all permitted uses within the uses within the
underlying zoning districts contained within this Subdistrict, and the
following uses may be permitted as of right in this Subdistrict:
1. Hotel and motels (7011)
2. Communication towers Wireless communication facilities, as
defined in LDC section 5.05.09, subject to the following:
Such tower facilities is are an essential service use as
defined by subsection 2.01.03 A.4; and
ii. Such tower facilities may not exceed a height of 75 feet
above grade including any antennas attached thereto.
b. Permitted uses. For hatched properties within the Main Street Overlay
Subdistrict, all permitted uses within the underlying zoning districts
contained within this Subdistrict, and the following uses are permitted as
of right in this Subdistrict:
1. All uses allowed in the Commercial Professional District (C-1), of
this Code, except for group 7521.
2. Communication towcrs Wireless communication facilities, as
defined in LDC section 5.05.09 subject to the following:
Such tower facilities is are an essential service use as
defined by subsection 2.01.03 A.4; and
ii. Such tower facilities may not exceed a height of 75 feet
above grade including any antennas attached thereto.
c. Prohibited uses. All uses prohibited within the underlying residential and
commercial zoning districts contained within this Subdistrict, and the
following uses, shall be prohibited on properties with frontage on Main
Street in between First Street and Ninth Street in the Main Street Overlay
Subdistrict:
* * * * * * * * * * * * *
Page 23 of 61
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10. Communication towers Wireless communication facilities, as
defined in LDC section 5.05.09 of this Code, except as otherwise
permitted in this Subdistrict.
* * * * * * * * * * * * *
d. Accessory uses.
* * * * * * * * * * * * *
2. Communication towers Wireless communication facilities, as
defined in LDC section 5.05.09 subject to the following:
Such tower facilities is are an essential service use as
defined by subsection 2.01.03 A.4.; and
ii. Such tower facilities may not exceed a height of 75 feet
above grade including any antennas attached thereto.
e. Conditional uses.
1. Conditional uses of the underlying zoning districts contained within
the subdistrict, subject to the standards and procedures
established in LDC section 10.08.00 and as set forth below:
Local and suburban passenger transportation (4131, 4173)
located upon commercially zoned properties within the
Main Street Overlay Subdistrict.
ii. Communication towers Wireless communication facilities,
as defined in LDC section 5.05.09 of this Code for
essential service uses as defined by subsection 2.01.03
A.4 that exceed a height of 75 feet above grade including
any antennas attached thereto.
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:
* * * * * * * * * * * * *
Communication towers Wireless communication
facilities, as defined in LDC section 5.05.09, except
as otherwise permitted in this Subdistrict.
* * * * * * * * * * * * *
Bayshore Zoning Overlay District (BZO). This section provides special conditions for the
properties adjacent to Bayshore Drive as identified by the designation "BZO" on the
applicable official Collier County Zoning Atlas Map or map series.
Page 24 of 61
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* * * * * * * * * * * * *
4. Bayshore Zoning Overlay District (BZO) Subdistricts.
* * * * * * * * * * * * *
b. Use Categories and Table of Uses.
* * * * * * * * * * * * *
iii. Table of Uses. Table 1. Table of Uses for the BZO Subdistricts
USE TYPE BZO SUBDISTRICTS ADDITIONAL
RESIDENTIAL MIXED USE STANDARDS
R1 R2 R3 R4 NC W
* * * * * * * * * * * * *
h) INFRASTRUCTURE
1) Automobile Parking CU
Facilities
2) Boat Launch A
3) Essential Services P P P P P P
4) Marinas and Boatyards P P 4.02.16 C.7.
5) Transit Station
6) Wireless Telec 5.05.09
Communication Facilityies
* * * * * * * * * * * * *
N. Gateway Triangle Zoning Overlay District (GTZO). This section contains special
conditions for the properties in and adjacent to the Gateway Triangle as identified by the
designation "GTZO" on the applicable official Collier County Zoning Atlas Map or map
series.
* * * * * * * * * * * * *
4. Gateway Triangle Zoning Overlay District (GTZO) Subdistricts.
* * * * * * * * * * * * *
b. Use Categories and Table of Uses.
* * * * * * * * * * * * *
iii. Table of Uses. Table 2. Table of Uses for the GTZO Subdistricts
USE TYPE GTZO SUBDISTRICTS ADDITIONAL
RESIDENTIAL MIXED STANDARDS
USE
Page 25 of 61
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* * * * * * * * * * * * *
h) INFRASTRUCTURE
1)Automobile Parking Facilities P
2) Boat Launch
3) Essential Services P P
4) Marinas P
5) Transit Station CU
6)Wireless TelecCommunication CU 5.05.09
Facilities
* * * * * * * * * * * * *
SUBSECTION 3.1. AMENDMENTS TO SECTION 2.03.08— RURAL FRINGE ZONING
DISTRICTS
Section 2.03.08, Rural Fringe Zoning Districts, of Ordinance 04-41, as amended, the Collier
County Land Development Code, is hereby amended to read as follows:
2.03.08 - Rural Fringe Zoning Districts
A. Rural Fringe Mixed-Use District (RFMU District).
* * * * * * * * * * * * *
2. RFMU receiving lands. RFMU receiving lands are those lands within the RFMU
district that have been identified as being most appropriate for development and
to which residential development units may be transferred from RFMU sending
lands. Based on the evaluation of available data, RFMU receiving lands have a
lesser degree of environmental or listed species habitat value than RFMU
sending lands and generally have been disturbed through development or
previous or existing agricultural operations. Various incentives are employed to
direct development into RFMU receiving lands and away from RFMU sending
lands, thereby maximizing native vegetation and habitat preservation and
restoration. Such incentives include, but are not limited to: the TDR
process; clustered development; density bonus incentives; and, provisions for
central sewer and water. Within RFMU receiving lands, the following standards
shall apply, except as noted in LDC subsection 2.03.08 A.1 above, or as more
specifically provided in an applicable PUD.
a. Outside rural villages.
* * * * * * * * * * * * *
(3) Allowable Uses.
* * * * * * * * * * * * *
Page 26 of 61
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(c) Conditional uses. The following uses are permissible
as conditional uses subject to the standards and
procedures established in LDC section 10.08.00.
* * * * * * * * * * * * *
ix. In RFMU receiving lands other than those within
the NBMO, earth mining and extraction.
x. Wireless communication facilities, subject to LDC
section 5.05.09.
* * * * * * * * * * * * *
b. Rural villages. Rural villages, including rural villages within the NBMO,
may be approved within the boundaries of RFMU receiving lands, subject
to the following:
(1) Allowable Uses:
* * * * * * * * * * * * *
(b) CONDITIONAL USES 1 through 5,-and 7, and 10 identified
in section 2.03.08A.2.a.(3)(c), when specifically identified
in, and approved as part of a RURAL VILLAGE PUD.
* * * * * * * * * * * * *
3. Neutral lands. Neutral lands have been identified for limited semi-rural
residential development. Available data indicates that neutral lands have a higher
ratio of native vegetation, and thus higher habitat values, than lands designated
as RFMU receiving lands, but these values do not approach those of RFMU
sending lands. Therefore, these lands are appropriate for limited development, if
such development is directed away from existing native vegetation and habitat.
Within neutral lands, the following standards shall apply:
a. Allowable uses. The following uses are permitted as of right:
* * * * * * * * * * * * *
(3) Conditional uses. The following uses are permissible
as conditional uses subject to the standards and procedures
established in LDC section 10.08.00.
* * * * * * * * * * * * *
(k) Earth mining and extraction and related processing.
(I) Wireless communication facilities, subject to LDC section
5.05.09.
Page 27 of 61
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* * * * * * * * * * * * *
4. RFMU sending lands. RFMU sending lands are those lands that have the highest
degree of environmental value and sensitivity and generally include
significant wetlands, uplands, and habitat for listed species. RFMU sending
lands are the principal target for preservation and conservation. Density may be
transferred from RFMU sending lands as provided in LDC section 2.03.07 D.4.c.
All NRPAs within the RFMU district are also RFMU sending lands. With the
exception of specific provisions applicable only to NBMO neutral lands, the
following standards shall apply within all RFMU sending lands:
a. Allowable uses where TDR credits have not been severed.
* * * * * * * * * * * * *
(3) Conditional uses.
* * * * * * * * * * * * *
(d) Commercial uses accessory to permitted uses 1.a, 1.c.
and 1.d above, such as retail sales of produce accessory
to farming, or a restaurant accessory to a park or preserve,
so long as restrictions or limitations are imposed to insure
the commercial use functions as an accessory,
subordinate use.
(e) Wireless communication facilities, subject to LDC section
5.05.09.
b. Allowable uses where TDR credits have been severed.
* * * * * * * * * * * * *
(2) Conditional uses:
* * * * * * * * * * * * *
(b) Oil and gas field development and production, subject to
applicable state and federal field development permits and
Collier County non-environmental site development plan
review procedures. Directional-drilling and/or previously
cleared or disturbed areas shall be utilized in order to
minimize impacts to native habitats, where determined to
be practicable. This requirement shall be deemed satisfied
upon issuance of a state permit in compliance with the
criteria established in Chapter 62C-25 through 62C-30,
F.A.C., as those rules existed on Oct. 3, 2005 [the effective
date of this provision], regardless of whether the activity
occurs within the Big Cypress Watershed, as defined in
Rule 62C-30.001(2), F.A.C. All applicable Collier County
environmental permitting requirements shall be considered
satisfied by evidence of the issuance of all applicable
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federal and/or state oil and gas permits for proposed oil
and gas activities in Collier County, so long as the state
permits comply with the requirements of Chapter 62C-25
through 62C-30, F.A.C. For those areas of Collier County
outside the boundary of the Big Cypress Watershed, the
applicant shall be responsible for convening the Big
Cypress Swamp Advisory Committee as set forth in
Section 377.42, F.S., to assure compliance with Chapter
62C-25 through 62C-30, F.A.C., even if outside the defined
Big Cypress Watershed. All oil and gas access roads shall
be constructed and protected from unauthorized uses
according to the standards established in Rule 62C-
30.005(2)(a)(1) through (12), F.A.C.
(c) Wireless communication facilities, subject to LDC section
5.05.09.
(d) Conditional use approval criteria: In addition to the criteria
set forth in section 10.08.00 of this Code, the following
additional criteria shall apply to the approval of conditional
uses within RFMU sending lands:
* * * * * * * * * * * * *
SUBSECTION 3.J. AMENDMENTS TO SECTION 2.03.09—OPEN SPACE ZONING
DISTRICTS
Section 2.03.09, Open Space Zoning Districts, of Ordinance 04-41, as amended, the Collier
County Land Development Code, is hereby amended to read as follows:
2.03.09 - Open Space Zoning Districts
* * * * * * * * * * * * *
B. Conservation District "CON". The purpose and intent of the conservation district "CON"
is to conserve, protect and maintain vital natural resource lands within unincorporated
Collier County that are owned primarily by the public. All native habitats possess
ecological and physical characteristics that justify attempts to maintain these important
natural resources. Barrier islands, coastal bays, wetlands, and habitat for listed species
deserve particular attention because of their ecological value and their sensitivity to
perturbation. All proposals for development in the CON district must be subject to
rigorous review to ensure that the impacts of the development do not destroy or
unacceptably degrade the inherent functional values. The CON District includes such
public lands as Everglades National Park, Big Cypress National Preserve, Florida
Panther National Wildlife Refuge, portions of the Big Cypress Area of Critical State
Concern, Fakahatchee Strand State Preserve, Collier-Seminole State Park, Rookery
Bay National Estuarine Sanctuary Research Reserve, Delnor-Wiggins State Park, and
the National Audubon's Corkscrew Swamp Sanctuary (privately owned), and C.R.E.W. It
is the intent of the CON District to require review of all development proposed within the
CON District to ensure that the inherent value of the County's natural resources is not
destroyed or unacceptably altered. The CON District corresponds to and implements the
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conservation land use designation on the future land use map of the Collier County
GMP.
1. Allowable uses. The following uses are allowed in the CON District.
* * * * * * * * * * * * *
c. Conditional uses. The following uses are permitted as conditional uses in
the CON, subject to the standards and procedures established in
LDC section 10.08.00 and further subject to: 1) submission of a plan
for development as part of the required EIS that demonstrates
that wetlands, listed species and their habitat are adequately protected;
and 2) conditions which may be imposed by the Board of County
Commissioners, as deemed appropriate, to limit the size, location, and
access to the conditional use.
* * * * * * * * * * * * *
4. Staff housing in conjunction with safety service facilities
and essential services.
5. Wireless communication facilities, subject to LDC section 5.05.09.
* * * * * * * * * * * * *
SUBSECTION 3.K. AMENDMENTS TO SECTION 4.02.01 — DIMENSIONAL STANDARDS
FOR PRINCIPAL USES IN BASE ZONING DISTRICTS
Section 4.02.01, Dimensional Standards for Principal Uses in Base Zoning Districts, of
Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended
to read as follows:
4.02.01 Dimensional Standards for Principal Uses in Base Zoning Districts
* * * * * * * * * * * * *
D. Exemptions and exclusions from design standards.
1. The height limitations contained in LDC subsection 4.02.01 A. Table 2. Building
Dimension Standards for Principal Uses in Base Zoning Districts do not apply to
infrastructure in support of the building, such as mechanical penthouses, elevator
shafts, stair shafts, mechanical equipment, mechanical screening, spires,
belfries, cupolas, flagpoles, antennas, wireless
communication facilities, water tanks, fire towers when operated by a branch of
government, ventilators, chimneys, feed storage structures, silos, windmills,
airport control towers, or other appurtenances placed above the roof level and
not intended for human occupancy or for commercial purposes as provided
below:
* * * * * * * * * * * * *
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SUBSECTION 3.L. AMENDMENTS TO SECTION 4.02.14— DESIGN STANDARDS FOR
DEVELOPMENT IN THE ST AND ACSC-ST DISTRICTS
Section 4.02.14, Design Standards for Development in the ST and ACSC-ST Districts, of
Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended
to read as follows:
4.02.14 Design Standards for Development in the ST and ACSC-ST Districts
* * * * * * * * * * * * *
H. Exceptions from public hearing requirements. The County Manager or designee may
administratively approve a site alteration plan or site development plan for land
designated ST or ACSC-ST without the public hearing otherwise required by this section
if:
* * * * * * * * * * * * *
4. Site alteration or site development around existing communication towers
wireless communication facilities to expand or construct accessory structures
associated with an already existing tower facility, not to exceed five acres.
* * * * * * * * * * * * *
SUBSECTION 3.L. AMENDMENTS TO SECTION 4.06.05— GENERAL LANDSCAPING
REQUIREMENTS
Section 4.06.05, General Landscaping Requirements, of Ordinance 04-41, as amended, the
Collier County Land Development Code, is hereby amended to read as follows:
4.06.05 - General Landscaping Requirements
B. Landscaping requirements for industrial and commercial development. For projects
subject to architectural design standards, see LDC section 5.05.08 F. for related
provisions.
* * * * * * * * * * * * *
2. Wireless Gcommunication towcrsfacilities. See LDC section 5.05.09 for
landscape requirements that are specific to wireless communication facilities. Ail
8-foot high, 100 percent architect
security fencing that surrounds a tower bas anclscaping must be
of r,um code size trees low ted 5 fee on center a;d a-3 foothigh hedge
planted 3 feet on center.
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a If native vegetation is present within the parcel, a minimum 20 foot
wide buffer strip must be preserved and used toward meeting the trqc
and hedge planting requirement.
b. If native vegetation is present, but not dense enough to meet the
guiy lent of the tree nd h e supplemented
Pc�,-ra-r��,-cc-^a,-��-red�r2gtHf�2i��S�l�-m F�$�1r1
with plantings to meet the tree and hedge requirements.
c. On sites where no native vegetation is present, a 15 foot wide landscape
buffer with minimum code size trees located 25 feet on center and a 3
foot high hedge planted 3 feet on center must be planted.
At the discretion of the county landscape architect, some or all of
these landscape buffering requirements may be displaced to a right of
way laud-scape buffer located within the parcel when it better serves the public
interest of screening the communication tower.
* * * * * * * * * * * * *
SUBSECTION 3.M. AMENDMENTS TO SECTION 4.08.06 —SSA DESIGNATION
Section 4.08.06, SSA Designation, of Ordinance 04-41, as amended, the Collier County Land
Development Code, is hereby amended to read as follows:
4.08.06 - SSA Designation
* * * * * * * * * * * * *
B. SSA Credit Generation - Stewardship Credit System. Stewardship Credits (Credits) are
created from any lands within the RLSA District from which one or more Land Use
Layers are removed and that are designated as SSAs. Once land is designated as an
SSA and Credits or other compensation consistent with Policy 3.8 of the RLSA Overlay
is granted to the owner, no increase in density or additional uses not expressly identified
in the Stewardship Agreement shall be allowed on such property. A methodology has
been adopted in the GMP for the calculation of credits based upon: 1) the Natural
Resource Index Value of the land being designated as an SSA, and 2) the number of
land use layers being eliminated.
* * * * * * * * * * * * *
4. Land Use Layers to be Eliminated. A set of Land Use Layers has been
established as part of the Stewardship Credit Worksheet and adopted as
the Land Use Matrix set forth below. Each Layer incorporates a number of the
permitted or conditional uses allowed under the Baseline Standards. Each Layer
listed below has an established credit value (percentage of a base credit)
developed during the RLSA Study. At the time of designation application, a
landowner wishing to have his/her land designated as an SSA determines how
many of the Land Use Layers are to be removed from the designated lands. A
Land Use Layer can only be removed in its entirety (all associated activities/land
use are removed), and Layers shall be removed sequentially and cumulatively in
the order listed below.
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* * * * * * * * * * * * *
b. Land Use Matrix
Resident General Earth Recreatio Agricult Agricult Agricult Conser
ial Land Conditional Mining nal Uses ure ure - ure vation,
Uses Uses and Group 1 Support Group 2 Restor
Process Uses ation
ing and
Uses Natural
Resour
ces
* * * * * * * * * * * * Re:
Residenti Wireless Earth Recreation Agricultur Agricultur Agricultur Essenti
al Land Ccommunicatio Mining al Uses e Group e - e Group al
Uses ns and 1 Support 2 services
tower facilities Processin Uses (P and
(P)(CU) g Uses CU)
* * * * * * * * * * * * *
SUBSECTION 3.N. AMENDMENTS TO SECTION 5.05.09 — COMMUNICATIONS TOWERS
Section 5.05.09, SSA Designation, of Ordinance 04-41, as amended, the Collier County Land
Development Code, is hereby deleted in its entirety and replaced with text to read as follows:
5.05.09 — Wireless Communication Facilities
A. Purpose and intent. The purpose and intent of this section is to regulate the siting,
construction, and modification of wireless communication facilities in the unincorporated
area of Collier County, to minimize adverse impacts to adjacent and nearby properties
and to otherwise protect the public health, safety, and welfare, while accommodating the
growing need for wireless communication services.
B. Applicability. These regulations are applicable to wireless communication facilities,
excluding those of a governmental entity where such facilities are utilized to provide
intra-governmental communications not generally available to the public.
C. Exemptions. The following are exempt from this Section:
1. Noncommercial freestanding and structure-mounted "receive only" antennas that
receive direct broadcast satellite service or video programming services via multi-
point distribution services, which are one meter or less in diameter in residential
zoning districts and three meters or less in diameter in nonresidential zoning
districts. These antennas shall meet all other requirements of the zoning district
as set forth in the LDC.
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2. Amateur radio antennas and any tower to support the antenna that is owned and
operated by a federally licensed amateur radio station operator used exclusively
for noncommercial purposes.
3. Any tower or antenna that is owned, operated, or licensed by the Federal
Aviation Administration (FAA) and used exclusively for aircraft navigation
(NAVAIDS).
4. Any antenna and any tower to support the antenna, not greater than 35 feet in
height, and used exclusively as an accessory use to Essential Services.
5. Wireless communication facilities within County Rights-of-Way as set forth in the
Code of Laws and Ordinances, Chapter 110, Article V. Communications Facilities
in the County Rights-of-Way.
D. Definitions specific to LDC section 5.05.09.
1. Alternative Tower Structure means manmade trees, clock towers, bell towers,
steeples, light poles and similar alternative-design mounting structures that
accommodate, camouflage, minimize, or conceal the presence of wireless
communication facility equipment. This does not include existing structures
erected for another primary purpose, but which subsequently have antennas
attached to or located within them, without any reconstruction of the original
structure.
2. Antenna means a transmitting and/or receiving device mounted on a tower,
building, or structure and used in wireless communication services that radiates
or captures electromagnetic waves, digital signal, analog signals, and radio
frequencies. Antennas include, but are not limited to, directional antennas such
as panel and microwave dish antennas, omni-directional antennas such as
whips, radar antennas, amateur radio antennas, and satellite earth stations.
3. Rooftop or Building Mounted Facility means an antenna that is attached to an
existing non-tower rooftop, structure, or building. The Facility includes all Support
Facilities regardless of where they are located with respect to the antennas.
4. Search Radius Area means the limited area certified by the provider's Radio
Frequency Engineer within which the proposed wireless communication facility
needs to be located in order to resolve the provider's coverage and/or capacity
issues in the surrounding area. There is not a standard numeric distance for a
search radius, but instead the search radius for a particular site depends on
many factors including, but not limited to, population to be served, geography,
and topography.
5. Support Facilities means any on-site or off-site building, cabinet, or equipment
enclosure that houses the electronics, backup power, power generators, and
other freestanding equipment associated with the operation of a Wireless
Communication Facility.
6. Temporary Wireless Communication Facility means any tower, pole, cell-on-
wheels (COW), and/or tower-on-wheels antenna designed for use while a
permanent wireless communication facility is under construction or
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reconstruction, for a large scale special event or conference, or during a County
declared emergency.
7. Tower means a structure that is designed and constructed for the purpose of
supporting one or more antennas, including but not limited to guyed towers,
lattice towers, monopole towers, or alternative tower structures. Except for the
abandonment and financial responsibility provisions contained in this section, the
term shall not include a pole-attached antenna.
8. Tower, Guyed means a tower supported by one or more levels of braided or
stranded steel guy cables that anchor to the ground.
9. Tower, Lattice means a freestanding and segmentally designed with rectangular
or triangular base steel lattices.
10. Tower, Monopole means a single pole that can be a tubular section design or a
formed, tapered pole.
11. Wireless Communication Facility (WCF) means any equipment or facility used to
provide wireless communication services and may include, but is not limited to,
antennas, alternative tower structures, guyed towers, lattice towers, monopoles,
rooftop or building mounted facilities, and support facilities. Placing a wireless
communication facility on an existing structure does not cause the existing
structure to become a wireless communication facility.
12. Wireless Communication Facility Site or Site means the tracts of real property,
either owned or leased, on which the wireless communication facility is located.
13. Wireless Communication Services means any personal wireless services as
defined in the Federal Telecommunications Act of 1996, including but not limited
to cellular, personal communications services (PCS), specialized mobile radio
(SMR), enhanced specialized mobile radio (ESMR), paging, and similar services
that currently exist or that may in the future be developed.
E. Table of allowable wireless communication facilities by zoning district.
1. Table 1. identifies the type of wireless communication facility and where it is
allowed, either as permitted by right (P) or by Conditional Use (CU) approval.
Conditional Uses shall require approval in accordance with the procedures set
forth in LDC section 10.08.00. The term "NP" means the tower type is not
permitted.
Table 1. Allowable wireless communication facilities by zoning district.
Alternative Rooftop or
Zoning District Monopole' Lattice or Tower Building
Guyed' Mounted
Structures'
Antenna'
Agricultural A
CU2
Residential RSF-1 NP NP CU CU
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RSF-2 NP NP CU CU
RSF-3 NP NP CU CU
RSF-4 NP NP CU CU
RSF-5 NP NP CU CU
RSF-6 NP NP CU CU
RMF-6 NP NP CU CU
RMF-12 NP NP CU P
RMF-16 NP NP CU P
RT CU NP CU P
VR CU NP CU
MH CU NP CU
C-1
C-2
Commercial C=3 P P P P
C-4
C-5
TT_RVC NP P
Industrial BP
Civic and P P
Institutional CF
Planned Unit PUD Pursuant to the applicable PUD Ordinance
Development
Rural Fringe RFMU CU
Open Space CON CU
Temporary Wireless Communication Facilities may be located in all zoning districts.
2 See LDC section 5.05.09 H. for additional standards specific to the Estates (E) zoning
district.
F. Design and development standards.
1. General standards applicable to all types of wireless communication facilities.
a. Any new WCF or modification to an existing WCF that requires both a
Site Development Plan and building permit review may be processed
concurrently but at the applicant's risk.
b. Setbacks. Except as otherwise specified within this section, wireless
communication facilities must satisfy the minimum setback requirements
of the zoning district as set forth in the LDC, as well as the requirements
of this section.
c. Security.
All wireless communication facilities and support facilities shall be
secured to prevent public access.
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ii. Security lighting to protect on-ground facilities/equipment shall be
fully shielded and directed away from neighboring properties.
d. Signage.
Signage must be provided that includes contact information for the
WCF. Such signage must be viewable from the outside of the
WCF.
ii. No commercial signs or advertising shall be allowed.
e. Emergency backup generators. An emergency backup generator is
required to be operated on each wireless communication facility site. The
Site Development Plan shall identity the location and connection for the
emergency backup generator.
f. Prohibition. No equipment or materials shall be stored or parked on the
site of a wireless communications facility unless used in direct support for
repairs of a facility.
2. Standards applicable to all towers.
a. Co-location of antennas on towers.
A tower owner shall permit other wireless communication service
providers to co-locate facilities on a tower if space and structural
capacity exists. However, co-location requirements shall not apply
to towers or structures used as power transmission poles or
structures owned or operated by Florida Power and Light or other
power companies.
ii. Towers shall be constructed to accommodate the minimum
number of providers required per maximum facility height
requirement, as outlined in Table 2.
b. Height limitations. Towers shall be subject to the height limitations
outlined in Table 2.
Table 2. Tower height and co-location.
Zoning District of Minimum Number Maximum Facility
Proposed Tower of Providers to Support Height (feet)1
One 100
Agricultural Two 130
Three 185
Four 250
One 100
All other Zoning Districts Two 130
Three 185
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Lightning rods may exceed the height limitation provided the rods are no greater
than 10 feet in length.
c. Separation from off-site abutting uses. Towers shall be separated from
abutting uses in conformance with the minimum distances specified in
Table 3., measured from the outside of the tower base to the property line
of the abutting use.
Table 3. Tower separation requirements from off-site abutting uses
Type of Facility Abutting Zoning District Minimum Separation Distance
from Abutting Uses
Residential or Estates Zoning 100% of tower height'
All Towers
All Other Zoning 50% of tower height
Temporary
Wireless No restrictions None
Communication
Facility
If an alternative tower structure is proposed, separation distances shall be
reduced to 50% of tower height.
d. Migratory birds and other wildlife considerations.
Wireless communication facility towers. Each new tower that will
exceed a height of 75 feet (above ground), but will not exceed a
height of 199 feet above natural grade, shall not be guyed.
ii. Bird diverter devices. Each guyed tower greater than 75 feet in
height above natural grade, shall have installed and maintained
bird diverter devices on each guy wire.
iii. Habitat loss. In addition to the requirements in Chapter 3, towers
and support facilities shall be designed, sited, and constructed to
minimize habitat loss within the WCF site. At such sites, road
access and fencing shall be designed and located to minimize on-
site and adjacent habitat fragmentation and/or disturbances.
e. Design. Towers, excluding alternative tower structures, shall maintain a
galvanized gray finish or other approved compatible color, except as
required by federal rules or regulations.
f. Lighting.
No signals, lights, or illumination on towers shall be permitted
unless required by the Federal Aviation Administration (FAA) or
other applicable authority. If lighting is required the by FAA, the
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alternatives chosen shall be the least obtrusive to the surrounding
community.
ii. Site lighting (not required by FAA) shall be elevated less than 20
feet above grade, fully shielded, and directed downward away
from neighboring properties.
q. Screening.
Wireless communication facilities shall be screened with a wall or
fence. The wall or fence shall be 100 percent opaque with a
minimum height of 8 feet and maximum height of 10 feet. The wall
or fence shall be designed to ensure that no unauthorized persons
can access the facility. Barbed wire is not a permitted material.
ii. Equipment cabinets. The overall height of ground-mounted
equipment or equipment enclosure shall not exceed 12 feet.
h. Landscaping. A minimum 10-foot wide Type A buffer that includes a 3-
foot high, continuous hedge planted 3 feet on center along the outside
perimeter of the wall or fence shall be required. Tree plantings within the
buffer shall be 12 feet in height at time of planting.
Existing, native vegetation on the subject site can be used to meet
these screening requirements. If native vegetation is present but
not dense enough to meet the requirements, supplemental
landscaping must be used to meet the screening requirements.
ii. At the discretion of the County Manager or designee, some or all
of these landscape buffering requirements may be displaced to
a road right-of-way landscape buffer located within
the parcel when it better screens the tower.
Access and parking. Each wireless communication facility site shall have
access from a paved or unpaved driveway or access easement. The
driveway shall extend to an appropriate location on the premises to
accommodate a vehicle to be parked at the facility for normal
maintenance. One parking space shall be provided for each facility, and
new towers exceeding 185 feet in height shall require a minimum of two
parking spaces.
3. Standards applicable to all rooftop or building mounted facilities.
a. Rooftop equipment shall not occupy more than 25 percent of the roof
area and shall comply with the exterior building and site design
standards.
b. Height limitations.
WCF located on a rooftop, structure, or building with a maximum
roofline of 20 feet or greater (measured from the average natural
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grade) shall be permitted to have a maximum height of 20 feet
above the maximum roofline.
ii. WCF located on a building or structure with a maximum roofline
less than 20 feet (measured from the average natural grade) shall
be permitted to have a maximum height equal to the height of the
maximum roofline.
iii. WCF that are proposed to exceed the height requirements, as
provided herein, may be approved as a deviating component
through a Conditional Use request pursuant to LDC section
5.05.09 F.4. Distance from RSF-1 through RSF-6, and RMF-6
zoning districts shall be additional criterion for Conditional Use
approval.
c. Rooftop mounted facilities shall be set back from the closest outer edge
of the roof a distance of not less than 10 percent of the rooftop length and
width, but not less than five feet.
d. Antenna structures and dish type antennas shall use camouflage
techniques that incorporate architectural treatment to conceal or screen
their presence from public view through design to unobtrusively blend in
aesthetically with the surrounding environment.
e. Except for antennas that cannot be seen from street level, such as panel
antennas on parapet walls, antennas shall not extend out beyond the
vertical plane of any exterior wall.
f. The design elements of the building (i.e., parapet wall, screen enclosures,
other mechanical equipment) shall be used to screen the wireless
communication facility.
q. Co-location is not required for rooftop or building mounted facilities.
4. Relief from design and development standards. An applicant requesting a
Conditional Use may request a deviation from the design and development
standards of this section as part of the Conditional Use request. Criteria for the
deviation will be the criteria set forth in LDC section 10.08.00 D.
G. Publicly owned property. The applicant of a WCF may proceed at their own risk with the
submittal of an application for a WCF located on County-owned lands while the lease
agreement is pending; however, no development order shall be issued by the County
until such agreement or lease has been fully executed. All terms and provisions of the
agreement or lease shall be in a form that is acceptable to the County Attorney,
including a release from the County of all liability regarding the WCF.
1. Height limitations for wireless communication facilities on property owned,
leased, or otherwise controlled by public entities, including but not limited to
federal, state, and/or County entities shall be as follows:
a. Facilities that are 185 feet or less in height are a permitted use by right in
all zoning districts.
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b. Facilities that are greater than 185 feet in height shall require a
Conditional Use.
c. Facilities utilizing this exemption must meet all separation requirements of
LDC section 5.05.09 F.2.c. and Airport Overlay regulations in the LDC.
H. Wireless communication facilities in the Estates (E) Zoning District.
Wireless communication facilities are allowed on parcels designated in the Urban or
Rural Golden Gate Estates Sub-element in the Golden Gate Area Master Plan and are
subject to the following:
1. The parcel shall be a minimum 2.25 acres and adjacent to an arterial or collector
road.
2. The wireless communication services provider has provided evidence that the
service provider's search radius for the tower location requires placement of the
tower in the Estates Zoning District to meet its coverage requirements and that
the WCF cannot be co-located on an existing tower and provide the same quality
service coverage.
Application requirements in addition to the requirements of LDC section 10.02.00.
1. Supplemental tower application requirements.
a. Evidence from a Radio Frequency Engineer that the proposed facilities
cannot be installed on another structure in Collier County and shall be
located at the proposed site to meet coverage requirements with a
composite propagation study illustrating, graphically, existing, and
proposed coverage in industry-accepted median received signal ranges.
b. If co-location is not available, the applicant shall submit an affidavit stating
that the applicant made diligent efforts for permission to install or co-
locate the WCF on all existing support structures located within the
search radius for the proposed tower. The applicant shall establish in the
application that: they are unable to provide service at existing sites
nearby; no other existing tower is available (including utility poles); and
that no reasonable alternative technology can accommodate the WCF
due to one or more of the following factors:
Insufficient height to allow the WCF to function reasonably in
parity with similar facilities;
ii. Insufficient structural strength to support the WCF;
iii. Insufficient space to allow the WCF to function effectively and
reasonably in parity with similar equipment;
iv. Resulting electromagnetic interference which cannot reasonably
be corrected;
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v. Unavailability of a reasonable leasing agreement; and/or
vi. Other limiting factors.
2. Supplemental rooftop or building mounted facility application requirements.
a. These facilities shall require a Site Development Plan approval, pursuant
to LDC subsection 10.02.03 E or F.
3. A copy of each application for a WCF that is greater than 150 feet in height shall
be supplied by the applicant to the Collier Mosquito Control District or designee.
J. Inspections.
1. All guyed towers exceeding 185 feet in height shall be inspected every three
years. All other towers shall be inspected every five years. Each inspection shall
be conducted by a qualified professional engineer or other qualified professional
inspector, and any inspector-recommended repairs and/or maintenance should
be completed without unnecessary delay. At a minimum, each inspection shall
include the following:
a. Tower structure: Including bolts, loose, or damaged members, and signs
of unusual stress or vibration.
b. Guy wires and fittings: Check for age, strength, rust, wear, general
condition, and any other signs of possible failure.
c. Guy anchors and foundations: Assess for cracks in concrete, signs of
corrosion, erosion, movement, secure hardware, and general site
condition.
d. Condition of antennas, transmission lines, lighting, painting, insulators,
fencing, grounding, and elevator, if any.
e. For guyed towers: Tower vertical alignment and guy wire tension (both
required tension and present tension).
2. A copy of each inspection report shall be filed with the County Manager or
designee no later than December 1 of the respective inspection year. If the report
recommends that repairs or maintenance are required, a letter shall be submitted
to the County Manager or designee to verify that such repairs and/or
maintenance have been completed. The County shall have no responsibility
under this section regarding such repairs and/or maintenance.
K. Abandonment.
1. Collier County may require removal of any abandoned or unused wireless
communications facility by the owner within 60 calendar days of confirming
abandonment. A WCF shall be considered abandoned if use has been
discontinued for 180 consecutive calendar days as determined by Collier County.
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2. Where a WCF is abandoned but not removed within the specified timeframel the
County may remove it and place a lien on the property following procedures set
forth in the Collier County Code of Laws and Ordinances, Article VI, Sec. 22-245.
3. Where a WCF is utilized for other purposes, including but not limited to lighting
standards and power poles, it shall not be considered abandoned if still being
maintained in good condition.
4. Where a WCF is removed by an owner, the owner shall restore the area to as
good of a condition as prior to the placement of the facility, unless otherwise
instructed by Collier County.
limited to, telephone, television, radio, or microwave transmissions. This section sets
standards for construction and facilities siting; and is intended to minimize, where
applicable, adverse visual impacts of towers and antennas through careful design, siting,
failure; to maximize the use of specified new communication towers and, thereby, to
minimize the need to construct new towers; to maximize the shared use of specified
tower sites to minimize the need for additional tower sites; to lessen impacts new ground
mounted towers could have on migratory and other species of birds; to prevent
towers; and to consider the concerns of the Collier Mosquito Control District as to low
flying mosquito control aircraft safety.
DR Definitio unique to communications-towers section 5. 05i 09
n n n
dishes that have an outside diameter of less than 40 inches.
2. Effective radius means a radius of 6 miles from the respective tower unless a
lesser radius is approved.
3. Lesser effective radius means an approved radius of le.s than 6 miles.
�. "Unavailable to the applicant" means a tower that cannot accommodate the
applicant's prepssed antenna or a site that cannot accommodate the applicant's
tower, antenna, and related facilities.
5. "Unavailable" means that no additional tower or site capacity is available to
anyone.
C. Migratory Birds and other Wildlife Considerations.
1 Ground AAounted towers Except to the extent not feasible for the respective new
vivm-rcr�vi o� ,r ..
r
ground mounted towers intended purpose(s), each new ground mounted tower
that will exceed a height of 75 feet (above ground), exclusive of antennas, but will
not exceed a height of 199 feet above natural grade, exclusive of antennas,
should not be guyed. If the applicant proposes that a new ground mounted tower
the necessity of guying the tower.
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2. Bird Diverter Devices. Each new ground mounted guyed tower installed on or
after Februarys+20, 2004,, greater then 75 feet in height above natural grade,
elusive of arAr ci cas, :.rh tt have Fn stal1cd nd m in+ inert him diyer+er devices
on each guy wire (to reduce injuries to flying birds).
3. Habitat Loss. In addition to the requirements in Chapters 3 and 10, towers and
other on-site—facilities sha be designed,sited, nd constructed +n minimize
habitat loss within the tower footprint. At such sites, road access and fencing, to
the extent feasible, shall be utilized to minimize on site and adjacent habitat
fragmentation and/or disturbances.
�. Security Lighting. When feasible, security lighting to protect on ground
facilities/equipment shall be down shielded to try to keep such light within the
outermost geographic boundaries of the tower's footprint.
D. Shared use of towers. A tower with a height in excc 'c of 185 feet above natural grade
within the effective radius can accommodate the applicant's proposed antenna and
eased to any government are exempt from
theses ther government
1. For the purpose of discovering availability for use of towers within the effective
radius, the applicant shall contact the owner of all old and approved towers,
n iithin +he effect' th t c n possibly ate t e needs of the
allowable height to determine which towers may be available for use by the
applicant. A list of all owners contacted, the date of each contact, the form and
content of e ch con+ ct nd II responses shall be a port of the conditional ice
application. As an accommodation to applicants, the county manager or
designee shall retain all shared use plans, records of past responses, and a list
s not respond to the
owner of n old tower will not rent p ce to the applic n+ t a reasonable r
•
•
•
however, no structural alterations may be made to the tower, and the height of
the tower inclusive of its antennas may not be increased.
2. Lesser effective radius. If the applicant asserts that the effective radius for the
characteristics. Based on the evidence submitted by the applicant, the County
•
increased by signal amplification or other m ns, such m ans must be
considered in determining the lesser effective radius. The antenna
mangy ifact rer specifications shall be conclusive, unless the applicant can prove
3. If an approved tower within the applicant's approved effective radius may have
capacity available for the antenna proposed by the applicant, the application for a
Page 44 of 61
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for old towers to the extent it can be obtained.
Identification of the site of each possibly available tower by coordinates, street
address or legal description evicting i sec and tower height
r o
for any reason.
whether the tower can accommodate the proposed antenna if r sonablc
the costs of the required changes are financially impracticable, such tower shall
be deemed unavailable to the applicant.
/1. The applicant shall contact the owner of each possibly available approved tower
to request the--needed anfem at, To en- ble the-tower Ter to respondvr,d,,-tone
applicant shall provide the following information regarding the applicant's
a. All output frequencies of tray-emitter.
b. Type of modulation, polarization of radiation, and proposed use of
antenna.
c. Manufacturer, type, manufacturer's model number, a diagram,,, he
antenna's radiation pattern and the mane ifact urer's specifications
r
d. Power input to antenna and gain of antenna in decibels with respect to an
isotopic radiator.
c. Range in feet of maximum and minimum height of antenna above base of
tower.
f. A list of necessary ancillary equipment and description of the type of
transmission cable to be used.
g. Any other pertinent information needed to enable the owner to respond in
full to the inquiry.
grade shall not be approved on a new tower site unless the applicant demonstrates that
the proposed tower, antennas, and accessory structures or uses cannot be located on
provisions except to other governments.
1. Except as to each old site or approved site determined by the County Manager or
designee, or in a shared use plan to be unavailable to the applicant, the applicant
Page 45 of 61
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sites, within the effective radius, containing sufficient land area to possibly
accommodate the needs of the applicant.
2. For each such possibly available tower site, the application for a new tower site
a Identification of the proposed new tower site by coordinates, street
address or legal description, area, existing uses, topography, and
significant natural features.
b. Evidence that no old and no approved tower site within the effective
radius can accommodate the applicant's needs.
c. If the owner of an old tower site does not respond to the applicant's
simple letter of interest inquiry within thirty (30) days, or the owner of an
old tower site will not rent land to accommodate the applicant's needs for
a-reason eriod of inet rea�n-abl-eTen als, such old tower site
shall be deemed unavailable to the applicant.
d. The applicant is not required to supply this information to owners of
conforming old sites unless the old site appears to be available to the
applicant by a shared use plan or the site's owner has responded
positively to the applicant's initial letter of inquiry. To enable the site
owner t�ponvnd,he apn-uppl-iGan-t-sh'lull-provide the-site owner (anal the
ownner ofof a er on the site) with the dimensional characteristics and
other-relev er and a report from a professional
engineer licensed in the State of Florida, or other qualified expert,
documenting the following:
c. tower height and design, including technical, engineering, and other
pertinent factors governing the intended uses and selection of the
proposed design. An elevation and a cross section of the towers tructurc
shall be included.
moot (anticipate—napaacitji of the tow including number and types of
antennas and needed transmi'cion lines, accessory use needs including
parking space to accommodate same.
building official h -thand, for metal ;Ftowers, a statement promising full
nee with theen late-sredttton of t-h standards published la the
Electron --Industr �ssociat currently EIA T-6 �E),or its
3. If the site owner, or owner of a tower on the respective site, a'certs that the site
meaningful detail reasons why the site cannot accommodate the applicant. To
the extent inform tion is n, rrent aandcorrec i n the-respective tower-sites
ri i a�crc�-rr'-rrrvrm-azrorr-r.�ca
approved shared use plan, the site owner or tower owner can refer the applicant
to the respective shared use plan. If the shared use plan is not then up-to-date,
Page 46 of 61
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incomplete, or otherwise not up-to-date.
4. No provision in a shared use plan, land lease, mortgage, option to purchase,
have the effect, that the site is exclusive to one (1) tower, unless there is good
reason for such restriction, other than the prevention of competition or a desire or
inclination not to cooperate in good faith. If the site size is physically and
electrically compatible with the installation on_site of any oth tower no such
�-r-n-rc-rn 'cc��i-�vrrrer�v�vrcr��-crvrr
document shall prevent other towers, except for reasons approved by the County
shall be grounds to disapprove an application for tower site approval.
Although it is not required that a new tower be constructed at additional expense to
accommodate antennas owned by others, no new tower shall be designed to accommodate
other owners can be made available on the tower.
1. Shared use plans. Each shared use plan shall be in a standard format that has
ger or designee. Each shared use plan shall
specify in detail to what extent there exists tower and/or site capacity to
and acc sssorry uses. Available antenna capacity o -a tower shall be sta�m
detailed clearly understandable terms, and may be stated in equivalent flat plate
(as to tower shared use plans) and the landowner (as to site shared use plans)
shall update its respective approved shared use plans by promptly filing pertinent
update information with t er- ;g„ee. Owner of old towers
and/or old sites may file shared use plans in accord with this section.
7 Re ery tion of capacity If an applicant for a shared use tower does not plan to
install all of its proposed antennas during initial construction of the tower, the
applibaRt--must--speGify-4-be--plailried-s-bhedule-ef--instal-ling-s-ush-l-ater-ackled
the use of unused available antenna space on a tower by reserving to itself such
approved in the shared use plan. If an antenna is not installed by the scheduled
dead'lethe reserved space shall automatisa-lly be rendered available for use by
approval of the County Manager or designee. Deadlines may be extended even if
use plan for future additional antenna use by the tower owner and it becomes
be amended promptly to reflect the availability of such space.
Reservation of site capacity. Th ove applies ale
available site space.
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/1. Height bonus for sharing. etwit#standing anything to the contrary in any County
ordinance, any existing conforming or nonconforming tower may be permitted a
one time increase in height, provided:
a. Any such increase in height does not exceed thirty (30) feet or twenty (20)
percent of the height of the existing tower, whichever is less;
b. The cost of such increase in height does not exceed fifty (50) percent of
the actual replacement cost of the tower at the time of the application;
c. A shared use plan covering the tower with the increased height is first
approved by the County Manager or designee;
d. The increase in height does not cause the proposed tower to exceed any
required maximum height requirement for towers or make a legally
conforming tower become nonconforming;
Substantiated proof that such proposed antenna(s) may not be placed on
the existing tower by relocating or adjusting existing antennas and
equipment-sh-alb-be-su +tted by an appropriate professional engines er
"`1"�I"��� vrcv.rrvrrur-cn ccr
certified to practice in Oho State of Florida• and
i
f. A site development plan shall be submitted for review and approval if an
increase in tower height rent sires placement of or addition to an antenna
equipment building or support building.
5. Filing shared use plans. Each approved shared use plan shall be filed and
recorded in the Office of the Collier County Clerk of Court prior to any site
development plan approval. A copy of the initial shared use plan shall be filed
with, and approved by, the County Manager or des
approval.
amendments for old towers require approval of the County Manager or designee.
Initial shared use plans and amendments for old tower sites require approval of
the BCC, except where an amendment reduces site and/or antenna capacity.
7. Transmitting and receiving equipment serving similar kinds of uses shall, to the
tower in such a manner that any of the users in a group can operate
approximately equal to other users in the group utilizing substantially similar
equipment.
8. Once a shared use plan for a tower is
added to that tower in accordance with the approved shared un
i
addti�iiona-c nditional i se-approval-even if the tower is then a;ynonconforming
chan _ e,e,� iseonce a ne , ha d use planrfor a tower—.site is approved,
additional towers and accessory buildings and uses may be added to that site in
accordance with the plan without additional conditional use approval, even if the
site-is-then-Renconfarm-ing--The shared use plan shall be immediately updated to
reflect each change.
Page 48 of 61
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9. For each tower with a height in excess of 185 feet that is approved, the tower
a-sir, excep en a--goner ent ewer proved to b —pe +�Y
unavailable. To the extent that there is capacity for other antennas on the tower,
use of the tower in accordance with the shared use plan for antennas of others at
be specified in the shared use plan, and shall be amended each time the rates
are changed. When antenna space on a tower is rented to others, each rental
agreement shall be filed with the shared use plan. Any agreement that purports
to re.-srerve--antenna space r ft fouZ uos 61c�eapn�ved by the County
Manager or designee. `"Y
10. For each new shared use tower site that is approved, the owner shall be
as to a government site that is approved to be perpetually unavailable. If there is
facilities, the plan shall commit the landowner and successor owners to
accommodate such additional facilities on the site at reasonable rents (or a range
of-reasonable rents) which shall be specified in the shared use plan. When land
is rented for facilities on the site, the rental agreement shall be filed with the
shared use plan. Any agreement that purports to reserve land for future use of a
tower and other facility space must
designee.
11. Each new tower owner or site owner, as the case may be, shall agree, as a
condition of approval, to respond, in writing, in a comprehensive manner within
thirty (30 days) to each request for information from a potential shared use
applicant Government owners need to reply only to requests from anoth
government To the extent that correct and „p_to_date information is contained in
,cannproved shared use plan the owner magi refer the app t t the shared
�4 -�.- �T �plisan��e ���a
use plan for the information. If the shared use plan is incorrect, incomplete, or
se not up to date th reresppectiy r Shall, Ike-response specify in
detail, such information, and shall immediately bring the shared use plan up to
date.
12. The tower owner or site owner, as the case may be, shall, as a condition of
approval, negotiate in good faith for shared use of tower space and/or site space
by applicants in accordance with its shared use plan.
4-3 —AW-conclitioas--Gf-approval-regarcl-i449-a-tower-s-ha-l-l-rup-with-the-ewnersInip-ef-the
toower nd be binding nn all s„bs,eque e r n� h�e_tower 4ll conditions of
on all subsequent owners of the tower site.
G. Development standards for communication towers.
with height not to exceed twenty (20) fee+ are exempted by s„bsection 5_n5,09
h-rerein,�--no-4ew-toow r nf-hTeighTshall be ppermitted in the-RSF_1 through RSF_
6, RMF 6, VR, MH, TTRVC, and E zoning districts. However, notwithstanding
Page 49 of 61
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other provisions of this section, including the separation requirements of
subsection 5.05.09 G.7. below, towers may be allowed to any height as a
I Irban or Rural Gold Gate �ates Sub_El ent in the Golde G to Area
ai en-va-c� r-vu�r -m�rT�vv cp-��a cc-r-crcc+
Master Plan or sites approved for a specified e"sential service listed in
subsection 5.05.09 G.3. below. There shall be no exception to this subsection
2. Permitted ground-mounted towers. Towers not exceeding the stated maximum
heights are a permitted use, subject to other applicable provisions of this section,
9.04.00.
a. All commercial and industrial zoning districts and urban designated area
agricultural zoning districts: Any tower up to seventy five (75) feet in
height is a permitted use, provided the base of such tower is separated a
minimum distance of seventy five (75) feet from the nearest boundary
with any parcel of land zoned RSF 1 through RSF 6, RMF 6, E, RMF 12,
RMF 16, RT, VR, MH, TTRVC, or PUD permitting six (6) residential
dwelling units or less 4ny tower that exceeds seventy-five (75) feet in
height, up to a height of 185 feet, is a lawful use, only if permitted or
otherwise proyirderd in the respective zoning rdistrict anrd the base of si ich
tower is separated from the nearest boundary of any parcel of land zoned
RSF 1 through RSF 6, RMF 6, E, RMF 12, RMF 16, RT, VR, MH,
TTRVC or DI D zoning of six (6) residdential dwelling i snits or less by a
r r
minimum distance in feet determined by multiplying the height of the
tower (in feet) by a factor of two and one half (2.5). (The minimum
separation distance is two anrd one-half (2 %) times the height of the
tower.) towers which do not meet the separation requirement may apply
for a variance in accordance with section 9.04.00.
not exceed 250 feet in height.
c 4ll agrici ilti iral zoning rdistricts: No tower that exceerds 750 feet in height
ex sive,of-any-anten a affixed-thereto, shall„- allowed on mite
comprising lee's than ten (10) acres under common ownership or control,
cept such towers can be approved as a conditional use on sites of lea.,
than-ten-(-1-0)-aGres-if-the-a-pialicant-Gannatwit-h-edandi*G-feasibitity,
in the required geographic vicinity of the proposed tower site.
RSF 6, and RMF 6 zoning districts, towers may be allowed to any height as a
conditional use on sites approved for a conditional use essential service for any
of the following conditional-uses: safety service facilities including, but not
necessarily limited to, fire stations, sheriff's substation or facility, emergency
r }edical :ervices facil�av itmty anr! ale+ all-othTe i ilr}rlaru'ses whet
tvowerco be--consid-ere-a an accessoi -or-logically ass ceGiatedus�e with the
ti
safety service conditional use on the site. In addition, communications towers
can be approved as a conditional-use for a stand alone essential service facility,
Page 50 of 61
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provided the tower is to be owned by, or to be leased to, a governmental entity,
and the primary uses of the tower are for governmental purposes.
/1. New towers shall be installed only on rooftops in the RMF 12, RMF 16, and RT
inn districts r radio tow with a h ht not to exceed
� , ex�ep�-ai�atet�T-n�--��ers��e+gr, -rr��-���4c�,
with a height not to exceed twenty (20) feet above the natural grade, arc
permitted within these zoning districts.
5. Ground mounted monopole communication towers up to 150 feet in height above
the natural grade, including antennas affixed thereto, may be allowed as a
conditional use within these zoning districts. The height of each monopole
communication tower shall be limited to the height necessary for its use at its
location.
6. Rooftop towers, antenna structures, and antennas.
noftop tow nt na stru Tres d ant as are allowed in all
a. ��Per�--a,�er��ac#����, afaa--�,zefar�...�
zoning districts except the RSF 1 through RSF 6, RMF 6, and E zoning
districts.
b. Rooftop towers, antenna structures, and antennas are, as specified,
subject to the following:
i Rer ed-uses.. Rooftop,antenfatr ct res-and antennas are a
permitted use up to a height of twenty (20) feet above the
aximum rnnflino provided the height of the maximum rnnflino is
twenty (20) feet or more abc e the av age natural grade. If the
maximum roofline is less than twenty (20) feet above the average
natural grade an antenna structure and/or antenna is a permitter)
to h ht that uals the distance from the average
ase-�+p��-rTeFg,,��eq��„� .,�,,�-ram r����
nati oral grade to the maxima rm roofline For example i�f the
distance from the average natural grade to the maximum point of
the roofline is fifteen (15) feet, an antenna structure and/or
antenna is a permitted use up to a height of fifteen (15) feet above
the maxim i onfline 4ny ant na ucture tower or antenna
n-r��rrvmttrcxri-r-worm i c� nTy--anTer�rrcr uvrar�-c, vvcc�m-anr
that exceeds its permitted use height, as provided herein, shall
require conditional use approval, and the maximum allowable
height of the structure, tower, and all antennas shall be
deterred in each specific case. Distance from RSF 1 through
RSF h` and RMF 6 zoning districts shall he a major consideratin
in determining the allowable height of rooftop facilities.
ii Towers amend—arntten ast--uctures , II be set hack from the closest
zrvran-s a ��.�cr-vc�crc�-rvrr rcrr��rv.�.�-c
outer edge of the roof a distance of not less than ten (10) percent
of the rooftop length and width, but not less than five (5) feet, if the
antenna can function at the resulting location. I I
. Antenna_stri r�Lr n cs dish type antenna•is shall be painted to
make them unobtrusive. GYP
Page 51 of 61
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iv. Except for antennas that cannot be seen from street level, such as
pan ant nas nn parap ant pas all not t d nut
parr zr,--rcei� e�w�a�lS�,-,reFl,-,cru 5bun-n-rv�2xTeHa--vas
beyond the vertical plane of any exterior wall.
v. Where technically feasible, dish type antennas shall be
constructed of open mesh design.
vi. Where feasible, the design elements of the building (i.e., parapet
wall, screen enclosures, other mechanical equipment) shall—lac
used to screen the communications tower, structure, and
antennas.
vii. The building and roof shall be capable of supporting the roof
nted antenna, st u
i. No rooftop shall be considered a tower site. This section does not
reguire�J haring of any rooftop m roo wer,o♦ antenrnaa
structure.` `
7. With the exception of rooftop towers and towers on essential services sites, each
new communication tower shall meet the following separation requirements:
mash-new towe t-exceeds eet height shall bomed-not-leTs
than two and one half (2.5) times the height of the tower from all RSF 1
through RSF 6, and RMF 6 zoning districts, including PUDs where the
adjacent use(s) is/are, or comparable to, the RSF 1 through RSF 6 and
RMF 6 zoning districts. If a par+ of a DI In is not developed, and it is
inco iv wT er f�rt of a DI Ill ar a within such minimum
separation distance from the proposed tower site may be developed with
a densit„ of six O , nits per acre or less, it shall be presumed that the
ply I rea nearest to the proposed site wil-vv.rll bbe developed at the lowest
density possible under the respective PUD.
b. In addition, each such new tower that exceeds a height of seventy five
(75) eet,ex ding antennas haallll�be separated from all bo indaries of
surrounding property zoned RMF 12, RMF 16, E, RT, VR, MH, TTRVC,
Hanal the residential areas of DI Ills with existing nr planned densities
r
greater than six (6) units per acre by not less than the total height of the
tower including its antennas; and from all other
bons�n�ndaries by a distance ne4_4ess than one_half (%) the height of the
tower and its antennas, or the tower's certified collapse area, whichever
distance is greater.
c. Communication towers in the Estate (E) zoning district shall be separated
from residentially zoned properties as follows:
New towers up to 75 feet in height shall be located not less than
the total height of the tower and antennas from all residentially
zoned properties.
8. ii. New towers over 75 feet in height shall be located not less than two and
one-half times the height of the tower and antennas, or the certified collapse
area, whichever distance is greater, from all residentially zoned properties.
Page 52 of 61
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9. All owners of approved towers are jointly and severally liable and responsible for
any damage caused to off site property as a result of a collapse of any tower
owned by them.
10. Placement of more than one (1) tower on a land site is preferred and
ant I nd caper n,,ire{ entts-are-mrret as to each-tower. str ct,fires magi he located
as close to each other as technically feasible, provided tower failure
characteristics of the towers on the site will not likely result in multiple tower
failures in the event that one (1) tower fails, or will not otherwise present an
unacceptable risk to any other tower on the site. It shall be the policy of the
facilities at reasonable rents.
for the respective zoning district. accessory uses shall not include offices, long
term vehicle storage, outdoor storage, broadcast studios except for temporary
emergency purposes, or other structures and/or uses that are not needed to
send or receive transmissions, and in no event shall such uses exceed twenty
five (25) percent of the floor area used for transmission or reception equipment
and functions. Transmission equipmentshall--be-auttomrated the greatest
ext onomically f sible to r ,,ne traffic a el con est a the site
en esr,y--rea��-red ram rg� glen. �he��-R,.�,��
abuts, or has access to, a collector street, access for motor vehicles shall be
limited to the collector street. All equipment shall comply with the then applicable
noise standards.
n r g spaces ssrhiall be provided eachr e „--additional parking-space fo-r
nh gain (2) nloy shall he provid
ea���z�emp,opees�,,�,r-�,�,�ed- rt faEifitFes whieh-regai-re-G11-sFta
personnel. Facilities which do not require on site personnel may utilize
impervious parking.
accessory structures shall be fenced. This-pFavisier--doec
radio towers, or to ground-mounted antennas that do not exceed twenty (20) feet
above grade.
required to have red beacon or dual mode lights, unless exempted, in writing, by
the Collier County Mosquito Control District. Such lights shall meet the then
such rules.
New towers exceeding 199 feet. Each new tower that will have a height in excess
of one hundred and ninety nine (199) feet above ground, exclusive of antennas,
and such to wer shall be-lighted no more than is otherwise required b
Page 53 of 61
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and/or federal law, rule, or regulation. Unle otherwise then required by law, rule
of-regulation, only white strobe lights shall-be used at night, unless otherwise
required by the FAA, in which case red strobe type lights shall be used. Such
light flashes) required by state or federal law, rule, or regulation. Solid red (or
pulsating red) warning lights shall not be „sed of night
years—Self ers alll beinspected ever f -(5)-ears. € ch
inspectin�Tall be conducted by a g,ialified professional engineer or other
qualified professional inr
maintenance should be completed without unnecessary delay. At a minimum,
each inspection shall include the following:
a. Tower structure: Including bolts, loose or damaged members, and signs
usual stress or vibration.
b. Guy wires and fittings: Check for age, strength, rust, wear, general
condition, and any other signs of possible failure.
c. Guy anchors and foundations: Assess for cracks in concrete, signs of
corrosion, erosion, movement, secure hardware, and general site
condition.
d. Condition of antennas, transmission lines, lighting, painting, insulators,
fencing gro,inrding anrd elevator if any
e For guyed towers Tower veYiiGal-a-kg-n eritand--g•u wireteR ikn n (tenth
required tension and present tension).
15. A copy of each inspection report shall be filed with the County Manager not later
than December 1 of the respective inspection year. If the report recommends that
repairs or maintenance are required, a letter shall be submitted to the County
Manager to verify that such repairs and/ tenan been ccomplet d.
The County shall have no responsibility under this section regarding such repairs
and/or maintenance.
16. Any tower that is voluntarily of-used for communications for a period of one (1)
year s-halule-be-re ed at t�r-the ow rcr owner's exile{ se. If a tower is net removed
within three (3) months after one (1) year of such voluntary non-use, the County
may obtain authorization, from a court of competent jurisdiction, to remove the
tower and uvvc vrry_it s, an�_d t�err �m lshaII nInrcee�. ,en eriche cT rott
property for all direct and indirect costs incurred in dismantling and disposal of
the tower and accessory items, plus court costs and attorney's fees.
17. For all ground mounted guyed towers in excess of seventy five (75) feet in
height, the site shall be of a size and shape sufficient to provide the minimum
yard r is of that ning district h ni ch y a or a I
ya,-d--req u+rer�en�--�r��ze etr�eefa ear-gt�-�ar�s o�ar� a,
property lines.
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shall comply with the standards of the then latest edition published by the Electric
Inrdi stries Association (c irrentl y /Tp Z2222_E) or the p iblication's s iccessor
rrnau�i�-r�avrnunvrr�vA'T Try
functional equivalent, unless amended for local application by resolution of the
BCC.E'cach new amateur radironer wi}- Ttrhr-a-h-eightt-of sev t e (75) feet--or
less shall require a building permit specifying the exact location and the height of
the tower exclusive of antennas. Each new ground-mounted dish type antenna
19. Within the proposed tower's effective radius, information that specifics the
tower's physical location, in respect to public parks, designated historic buildings
oc-d+stricts, areas of critical concern, and conservation areas, shall be submitted
as part of the conditional use application. This shall also apply to site plan
conditional use approval.
20. No communication tower shall be located on any land or water if such location
thereon creates, or has the potential to create, harm to the site as a source of
biological productivity, as-indi-spensable components of various hydrologic
regimes, or as irreplaceable and critical habitat for native species of flora or
fauna.
21. Any existing native vegetation on the site shall be preserved and used to meet
the minimum landscape requirements as required by section 4.06.00. The site
plan shall show existing significant vegetation to be removed and vegetation to
be replanted to replace that lost. native vegetation may constitute part or all of
the required buffer area if its opacity exceeds eighty (80) percent.
structures, and antennas, the height provisions of this section supersede all other
height limitations specified in this Code.
23. All existing and proposed ground mounted and rooftop towers and antennas with
a height greater than 150 fee -shall be required to have a solid rend beacon or
z-9r -ctn--vcT urr�+�r-rucczr-vorrcf-rca�cz�vvrrvr
District. Such lights shall meet the then existing Federal Aviation Administration
and attachments, such as antennas, lights, lightening rods, or any other
accessory device thR„at-woulldextend t R ht of the + wer ll existing towers
shall have six months (180 days) from June 16, 2005, to comply with the
requirement. If the FAA rules require lighting, then the applicant shall comply with
such rules.
21. A copy of each application for a tower in exce-s of 150 feet shall be supplied by
the applicant to the Collier Mosquito Control District or designee.
25. Communication towers in the Estates (E) Zoning District.
subject to the following:
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a The parcel is a minimum 7 25 acres and adjacent to an arterial or
collector road.
b.TInte communications provider has provided evidence that the
communication provider's search radius for tower placement requires
placement of the tower in the Estates Zoning District to meet its coverage
requirements and the tower cannot be co located on an existing tower
and provide the same service coverage.
c. -A1-1 securiturny-and-atl �ings
e ighhall essth 20 feed above grade fully
shielded and directed away from neighboring properties
d. Fencing height and landscaping. The required perimeter wall or fence
height shall be a minimum of eight feet from finished grade of ba..e
supporting structure and no greater than 10 feet. A minimum 15 feet
landJcape Type B buffer along the perimeter of wall or fence is required
and tree plantings within the buffer shall be 12 feet tall at time of planting.
e- e•• nt cabinets. Overall height of ground-mounted equipment or
equipment enclosure shall not exceed 12 feet.
H. Alligator Alley communication towers.
1. Notwithstanding other provisions of section 5.05.09, and irrespective of the
zoning classification(s) of the underlying fee at each respective tower site, two (2)
specified within the I-75 right of way east of the toll booth (Alligator Alley). Two
(2) of the four (4) towers shall be constructed to replace two (2) existing Florida
DepatTent o� prt nsoation toy rs.The-four (4) new telecommunication tower
cites shall be located approximatelyat:
a. Mile marker 52.2. The height of the tower shall not exceed 250 feet,
including antennas;
b. Mile marker 92.6 (Everglades Blvd). The height shall not exceed 250 feet,
including antennas;
c. The site of an existing FDOT tower located on State Road 29. The height
shall not exceed 310 feet, including antennas;
replace an existing tower located on the north side of 175
d. at mile marker 63.3. The height shall not exceed 280 feet, including
antennas;
c. Each tower shall be constructed with a capacity to provide for a minimum
of four (4) to eight (8) co users, including Florida Department of
Transportation ("FDOT"), the U.S. Fish and Wildlife Service ("FWS"), the
National Park Service ("NPS"), the Department of Forestry ("DOF"), and
County agencies, where practical.
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2. Each tower shall be constructed in accordance with the standards and
ire a and n applicable tions of this Code
req�„-�m�nt� a se ., t#er es���� ,
except as expressly provided otherwise in this section.
3. Minimum yard requirements. There shall be no minimum yard requirement for
must be contained within the 175 right of way, and each proposed tower must
maintain a separation distance from all adjacent residential property lines equal
to one half (1/2) of the tower's height or equal to a Florida professional engineer's
cer# ed collapse—area (ff'all zon eihicheye ismgreater, or a cclear zone is
maintained on adjoining property by a-use easement applicable to such adjoining
property owner. No habitable residential or non residential structure, including
these towers.
4 Access. Physical access 0 each tower. ite shall be as approved by FDOT
5. Parking. Sufficient unpaved area shall be provided on, or adjacent to, each tower
cite to accommodate temporary parking for one (1) vehicle for servicing or
maintaining the communication tower.
6. Landscape buffer. A landscape buffer no Iccms than ten (10) feet wide with trees
the perimeter of each tower site and other related equipment, structures, and
buildings. This buffer shall encompass all structures including the tower base. At
least one (1) row of native vegetation shall be planted within the buffer to form a
continuous hedge of at least three (3) feet in height at planting. The buffer must
be ed wand condition Thiis la�scape_hbufer magi be waived by the
County Manager or designee where the buffer is not practical due to public safety
concerns.
anager� n�esignee for review and approval prior to any construction of any
such tower. No changes, additions, or alterations may be made to any approved
;its development plan or construction plans for any s
approval.
8. Tower lighting. In addition to the requirements for tower lights specified in section
5.05.09 of this Code, towers located in the Big Cypress Preserve and the Florida
Panther National Wildlife Preserve shall be lighted in accordance with the
USFWS guidance system requirements for tower lighting.
9. Notwithstanding any other provision in this Codc, and notwithstanding the
Berl„i� g zoning of the respecti Vie- esub, �c�_the following,tthe
communication towers and acce.sory facilities ("facilities") listed above, and all
right of way east of the Alligator Alley toll booth to the eastern boundary of Collier
County.
10. The tower and related facilities shall be subject to conditional use approval
whenever the tower is to exceed a height of twenty (20) feet. Towers that are to
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be twenty (20) feet or less in height require only building permit approval from thc
County.
a. As all such facilities must be located within the 175 right of way, thc
facilities mint be subject to approval from the owner of that right of way,
including such conditions as may be required by that owner. The owner of
said right of way is the State of Florida, by and through the Florida
Department of Transportation.
b. The facilities must be owned by, or leased to, a governmental entity. The
the fa es, if s„allF„-away be incidental and subordinate to the
governmental uses.
c. Notwithstanding any other provision in section 5.05.09, the facilities shall
be-subject to t-ro-te-twee-sha equ emen s-of sect 5.05.09-if-the
tower is to exceed a height of 120 feet, unless the tower is a monopole. If
the tower is to be used only for governmental uses, the tower need be
shared onlyith-other ver-nmental-entities. If t e tower is t-te 7e
occupied by an antenna under control of a non governmental occupant of
tower s to bye-used for anyn on-governrrmenttal usse(s) the tower
sharing requirements that apply to non government occupants shall be
adhered to as a prerequisite to occupancy of the tower.
Wireless emergency telephone service. Notwithstanding any other provisions of this
section 5.05.09, the following provisions shall apply to communications towers that
provide wireless emergency telephone service.
1. These facilities are essential services.
means o�of_�an_ ens "not �fpa��e1� e- or on the first page of the
expedited timelines specified in Chapter 365.172, Florida Statutes.
the FCC to provide information as to the provider's compliance with federal
regul, s-fie-the-ex ent t ien sized--by federal--law. The Count„ has n„
permitting jurisdiction with regard to wireless communications facilities located (or
rights of way.
/1. Co located facilities. Provided the then existing zoning applicable to the proposed
uses aapproval or any other regt red pr�ro c-ss--(s'R'ch aas,for example, having an
tlepho n ce not later then forty five (/15) business slays after the slate that a
properly completed application is initially submitted to staff in accordance with all
applicable permit application requirements in this section 5.05.09. Co location of
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s„ch facilities on a then e
structure shall not be subject to the land development regulations pursuant to
Section 163.3202, Florida Statutes, provided the height of the then existing tower
or structure is not thereby increased. Co
all then existing permits or agreements applicable to that tower or to the
timeline, shall relieve the permit holder for, or owner of, the then existing tower or
structure from complying with applicable permit requirements, or applicable
requirement), or compliance
5. New towers or antennas. Pursuant to Section 365.172, Florida Statutes, the
telephone service-towersr enna(s) r wire s teleph, ne
provided the then existing zoning applicable to the proposed site allows the E911
facilities witho,it need to rezo approval
,
permit compliance of such facilities with applicable federal regulations, applicable
zoning and/or land development regulations (including aesthetic requirements),
or with applicable building regulations.
6. Sufficiency notice. Within twenty (20) business days of receiving the permit
application for any facility listed above in paragraphs ('I) and (5) above, staff shalt
in writing notify the permit applicant whether the application is, or is not, properly
s,.pecificity notify the applicant of any and all dafcienc ? hich ured T
thereby render the application being properly completed. Staff should also notify
the applicant whether the applicable zoning classification allows the applied for
related ancillary approval process or permission.
7. Default approval.
a. An application for E911 service, co location of wireless telephone service,
or new location for wireless telephone service or antennae shall be
deemed to have been automatically granted provided that:
Such service or facility is allowed in the applicable zoning district
w� , t a rezone n litho,it the need to apply for a conditional ,ise
or without the need to apply for some other permit;
e unty fails to eith grant or d y the applied for permit
H. Thy-��e �� er�r�Qera
within the time frames set forth in paragraphs (11) and (5) above,
as applicable; and
iii. The applicant has not agreed to an extension of time, as provided
in paragraph (8) below.
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b. However, the applied for permit shall not be deemed granted if final
emergency conditions beyond the County's control. In such instance, the
time for final action on the application shall be extended until the next
regularly scheduled meeting of the BCC. The permit shall be deemed to
be granted if the BCC fails to take final action at that time.
8. Waiver. Extensions of the above described applicable timelines (deadlines) shall
Narrow exception: a one time timeline waiver may be required if there then exists
an emergency that directly-affects t administration of all of—the me
the County, by the State of Florida, or by the federal government.
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 60 of 61
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PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this 27th day of February, 2024.
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K KINZEL;'CLERK OF COLLIER COUNTY, FLORIDA
lI ►i .
By: : ij� ' By:
-OWif airmert�sOetSuty Clerk s Hall, Chairman
sig we only ..ii,
Approved as to form and legality:
M04 I ( --N....______,
Heidi F. Ashton-Cicko
Managing Assistant County Attorney
04-CM D-01077/1983(02/27/24)
23-LDS-00284/86 (02/27/24)
This ordlnor+ce flied wtth the
Secretary of Stote' Office the
and ocknawledgement f that
filin rec.h'ed his .._. day
pf roll , 2}
ovuir
Page 61 of 61
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It
ot
FLORIDA DEPARTMENT Of STATE
,
RON DESANTIS CORD BYRD
Governor Secretary of State
March 5, 2024
Crystal K. Kinzel, Clerk of Court
Office of the Clerk of the Circuit Court
& Comptroller of Collier County
3329 Tamiami Trail E, Suite#401
Naples, FL 34112
Dear Ms. Kinzel,
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 2024-05, which was filed in this office on March 4, 2024.
Sincerely,
Matthew Hargreaves
Administrative Code and Register Director
MJH/wlh
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270