Ordinance 2024-11 ORDINANCE NO. 2024 - 1 1
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 CLARIFY THE REGULATIONS PERTAINING TO
MOBILE HOMES LOCATED IN THE COASTAL HIGH HAZARD AREA, TO REMOVE
DUPLICATIVE FLOODPLAIN PROTECTION REGULATIONS THAT ARE CODIFIED
IN THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES OR WITH THE
FLORIDA BUILDING CODE, AND TO UPDATE CITATIONS AND CORRECT
SCRIVENER'S ERRORS, BY PROVIDING FOR: SECTION ONE, RECITALS;
SECTION TWO, FINDINGS OF FACT; SECTION THREE, ADOPTIONS OF
AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY
AMENDING THE FOLLOWING: CHAPTER ONE - GENERAL PROVISIONS,
INCLUDING SECTION 1.08.01 ABBREVIATIONS AND SECTION 1.08.02
DEFINITIONS; CHAPTER TWO - ZONING DISTRICTS AND USES, INCLUDING
SECTION 2.02.02 DISTRICT NOMENCLATURE, SECTION 2.03.01 AGRICULTURAL
DISTRICTS, SECTION 2.03.02 RESIDENTIAL ZONING DISTRICTS, 2.03.03
COMMERCIAL ZONING DISTRICTS, SECTION 2.03.07 OVERLAY ZONING
DISTRICTS, AND SECTION 2.03.08 RURAL FRINGE ZONING DISTRICTS; CHAPTER
THREE - RESOURCE PROTECTION, INCLUDING SECTION 3.02.01 FINDINGS OF
FACT, SECTION 3.02.02 PURPOSE, SECTION 3.02.03 APPLICABILITY, SECTION
3.02.04 EXEMPTIONS, SECTION 3.02.05 BASIS FOR ESTABLISHING THE AREAS
OF SPECIAL FLOOD HAZARD, SECTION 3.02.06 GENERAL STANDARDS FOR
FLOOD HAZARD REDUCTION, SECTION 3.02.07 SPECIFIC STANDARDS FOR
CONSTRUCTION WITHIN COASTAL HIGH HAZARD AREAS, SECTION 3.02.08
REGULATIONS WITHIN THE FLOODWAYS, SECTION 3.02.09 REGULATIONS FOR
MOBILE HOMES AND RECREATIONAL VEHICLES, AND SECTION 3.02.10
STANDARDS FOR SUBDIVISION PLATS, SECTION 3.04.02 SPECIES SPECIFIC
REQUIREMENTS, SECTION 3.05.07 PRESERVATION STANDARDS, AND SECTION
3.07.02 INTERIM WATERSHED REGULATIONS; CHAPTER FOUR - SITE DESIGN
AND DEVELOPMENT STANDARDS, INCLUDING SECTION 4.01.01 ELEVATION
REQUIREMENTS FOR ALL DEVELOPMENTS, SECTION 4.02.11 DESIGN
STANDARDS FOR HURRICANE SHELTERS WITHIN MOBILE HOME RENTAL
PARKS, SECTION 4.02.14 DESIGN STANDARDS FOR DEVELOPMENT IN THE ST
AND ACSC-ST DISTRICTS, SECTION 4.02.16 DESIGN STANDARDS FOR
DEVELOPMENT IN THE BAYSHORE GATEWAY TRIANGLE COMMUNITY
REDEVELOPMENT AREA, SECTION 4.03.03 SUBDIVISION EXEMPTIONS, AND
SECTION 4.06.04 TREES AND VEGETATION PROTECTION; CHAPTER FIVE -
SUPPLEMENTAL STANDARDS, INCLUDING SECTION 5.05.15 CONVERSIONS OF
GOLF COURSES; CHAPTER SIX - INFRASTRUCTURE IMPROVEMENTS AND
ADEQUATE PUBLIC FACILITIES REQUIREMENTS, INCLUDING SECTION 6.01.02
EASEMENTS; CHAPTER NINE - VARIATIONS FROM CODE REQUIREMENTS,
INCLUDING SECTION 9.04.05 SPECIFIC REQUIREMENTS FOR VARIANCES TO
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FLOOD HAZARD PROTECTION REQUIREMENTS; CHAPTER TEN —APPLICATION,
REVIEW, AND DECISION-MAKING PROCEDURES, INCLUDING SECTION 10.02.04
REQUIREMENTS FOR PRELIMINARY AND FINAL SUBDIVISION PLATS, SECTION
10.02.08 REQUIREMENTS FOR AMENDMENTS TO THE OFFICIAL ZONING ATLAS,
AND SECTION 10.04.04 APPLICATIONS SUBJECT TO TYPE III REVIEW; AND
APPENDIX C FINAL SUBDIVISION PLAT, REQUIRED CERTIFICATIONS AND
SUGGESTED TEXT AND FORMATS FOR OTHER REQUIRED INFORMATION;
SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN
THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX,
EFFECTIVE DATE. [PL20230014143 AND PL20220005067]
Recitals
WHEREAS, on October 30, 1991, the Collier County Board of County Commissioners
adopted Ordinance No. 91-102, the Collier County Land Development Code (hereinafter LDC),
which was subsequently amended; and
WHEREAS, the Collier County Board of County Commissioners (Board) on June 22,
2004, adopted Ordinance No. 04-41, which repealed and superseded Ordinance No. 91-102, as
amended, the Collier County Land Development Code, which had an effective date of October
18, 2004; and
WHEREAS, on March 18, 1997, the Board adopted Resolution 97-177 establishing local
requirements and procedures for amending the LDC; and
WHEREAS, all requirements of Resolution 97-177 have been met; and
WHEREAS, the Collier County Planning Commission, sitting as the land planning agency,
did hold an advertised public hearing on December 7, 2023 for PL20220005067 and January 4,
2024 for PL20230014143, 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 March 26, 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
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WHEREAS, this ordinance is adopted pursuant to the constitutional and home rule powers
of Fla. Const. Art. VI II, § 1(g); and
WHEREAS, all applicable substantive and procedural requirements of the law have
otherwise been met.
NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier
County, Florida, that:
SECTION ONE: RECITALS
The foregoing Recitals are true and correct and incorporated by reference herein as if fully
set forth.
SECTION TWO: FINDINGS OF FACT
The Board of Commissioners of Collier County, Florida, hereby makes the following
findings of fact:
1. Collier County, pursuant to § 163.3161, et seq., F.S., the Florida Community
Planning Act (herein after the "Act"), is required to prepare and adopt a comprehensive plan.
2. After adoption of the Comprehensive Plan, the Act and in particular§ 163.3202(1),
F.S., mandates that Collier County adopt land development regulations that are consistent with
and implement the adopted comprehensive plan.
3. Section 163.3201, F.S., provides that it is the intent of the Act that the adoption
and enforcement by Collier County of land development regulations for the total unincorporated
area shall be based on, be related to, and be a means of implementation for, the adopted
comprehensive plan.
4. Section 163.3194(1)(b), F.S., requires that all land development regulations
enacted or amended by Collier County be consistent with the adopted comprehensive plan, or
element or portion thereof, and any land regulations existing at the time of adoption which are not
consistent with the adopted comprehensive plan, or element or portion thereof, shall be amended
so as to be consistent.
5. Section 163.3202(3), F.S., states that the Act shall be construed to encourage the
use of innovative land development regulations.
6. On January 10, 1989, Collier County adopted the Collier County Growth
Management Plan (hereinafter the "Growth Management Plan" or "GMP") as its comprehensive
plan pursuant to the requirements of § 163.3161 et seq., F.S.
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7. Section 163.3194(1)(a), F.S., mandates that after a comprehensive plan, or
element or portion thereof, has been adopted in conformity with the Act, all development
undertaken by, and all actions taken in regard to development orders by, governmental agencies
in regard to land covered by such comprehensive plan or element shall be consistent with such
comprehensive plan or element as adopted.
8. Pursuant to § 163.3194(3)(a), F.S., a development order or land development
regulation shall be consistent with the comprehensive plan if the land uses, densities or
intensities, and other aspects of development are compatible with, and further the objectives,
policies, land uses, densities, or intensities in the comprehensive plan and if it meets all other
criteria enumerated by the local government.
9. Section 163.3194(3)(b), F.S., states that a development approved or undertaken
by a local government shall be consistent with the comprehensive plan if the land uses, densities
or intensities, capacity or size, timing, and other aspects of development are compatible with, and
further the objectives, policies, land uses, densities, or intensities in the comprehensive plan and
if it meets all other criteria enumerated by the local government.
10. On October 30, 1991, Collier County adopted the Collier County Land
Development Code, which became effective on November 13, 1991. The Land Development
Code adopted in Ordinance 91-102 was recodified and superseded by Ordinance 04-41.
11. Collier County finds that the Land Development Code is intended and necessary
to preserve and enhance the present advantages that exist in Collier County; to encourage the
most appropriate use of land, water and resources consistent with the public interest; to overcome
present handicaps; and to deal effectively with future problems that may result from the use and
development of land within the total unincorporated area of Collier County and it is intended that
this Land Development Code preserve, promote, protect and improve the public health, safety,
comfort, good order, appearance, convenience and general welfare of Collier County; to prevent
the overcrowding of land and avoid the undue concentration of population; to facilitate the
adequate and efficient provision of transportation, water, sewerage, schools, parks, recreational
facilities, housing and other requirements and services; to conserve, develop, utilize and protect
natural resources within the jurisdiction of Collier County; to protect human, environmental, social
and economic resources; and to maintain through orderly growth and development, the character
and stability of present and future land uses and development in Collier County.
12. It is the intent of the Board of County Commissioners of Collier County to
implement the Land Development Code in accordance with the provisions of the Collier County
Comprehensive Plan, Chapter 125, Fla. Stat., and Chapter 163, Fla. Stat., and through these
amendments to the Code.
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SECTION THREE: ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE
SUBSECTION 3.A. AMENDMENTS TO SECTION 1.08.01 —ABBREVIATIONS
Section 1.08.01, Abbreviations, of Ordinance 04-41, as amended, the Collier County Land
Development Code, is hereby amended to read as follows:
Section 1.08.01 Abbreviations
* * * * *
C-1 CommercialDistricts Commercial Professional and General Office District
* * * * * * *
FIHS Florida Interstate Highway System
FIRM Flood Insurance Rate Map
FIS Flood insurance study
FISH Florida Inventory of School Houses
* * * * * * * *
RNC Residential Neighborhood Commercial Subdistrict
* * * * * * * *
VR Village Residential Zoning Districts
* * * * * * *
SUBSECTION 3.B. AMENDMENTS TO SECTION 1.08.02 — DEFINITIONS
Section 1.08.02, Definitions, of Ordinance 04-41, as amended, the Collier County Land
Development Code, is hereby amended to read as follows:
* * * * * * *
1.08.02 Definitions
* * * * * * *
Area of special flood hazard: The area/land in the flood plain within a community subject
to a one percent or greater chance of flooding in any given year. These areas are designated on
the Flood Insurance Rate Map.
* * * * * * *
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Base flood elevation: A flood elevation having a one percent chance of being equaled or
exceeded in any given year.
loading forces
without-causing-el-a-m-age-to-the-el-evate-el-pGFtion-Gf-the-b44-d-i-ng-Of-the-s-up-po-rti-ng-f-aun-dations
system.
* * * * * * *
Coastal high hazard areas: The evacuation zone for a Category 1 hurricane as may be
established in the regional hurricane evacuation study applicable to the local government. For
floodplain management purposes, the term is defined in Chapter 62 of the Collier County Code
of Laws and Ordinances.
* * * * * * *
Family care facility: A residential facility designed to be occupied by not more than 6
persons under care, plus staff as required by rule 59A-36.010, F.A.C., and constituting a single
dwelling unit (i.e., adult congregate living facility for: aged persons; developmentally disabled
persons; physically disabled or handicapped persons; mentally ill persons; and persons
recovering from alcohol and/or drug abuse). Foster care facilities are also included, but not the
uses listed under group care facility (category II). This use shall be applicable to single-family
dwelling units and mobile homes.
* * * * * * *
Flood elevation determination: A determination by the County Manager or designee of the
water surface elevations of the base flood, that is, the flood level that has a one percent or greater
chance of occurrence in any given year.
zone applicable to the community.
Flood insurance study(FIS): The official report provided in which the Federal Emergency
Mass and the water surface elevation of the base flood.
Flood-plain: Area inundated during a 100-year flood event or identified by the National
Flood Insurance Program as a special flood hazard area an A Zone or V Zone on Flood Insurance
Rate Maps or Flood Hazard Boundary Maps.
Flood prone arca: Any land area susceptible to being inundated by water from any source
(see definition of"flood").
Floodway: The channel of a river or other watercourse and the adjacent land areas that
-surface elevation more than one foot.
* * * * * * *
Guesthouse:An accessory dwelling structure which is attached to or detached from, a
principal dwelling located on the same residential parcel and which an accessory dwelling serves
as an ancillary use providing living quarters for the occupants of the principal dwelling, their
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temporary guests or their domestic employees and which may contain kitchen facilities.
Guesthouses are not permitted in development that is receiving an AHDB. See LDC
sections 4.01.02, 5.03.03 and 2.05.021 for additional information.
Substantial damage: Damage of any origin sustained by a structure whereby the cost of
restoring the structure to its before damaged condition would equal or exceed 50 percent of the
market value of the structure before the damage occurred.
Substantial improvement: Any reconstruction, rehabilitation, addition, or other
improvement of a structure, the cost of which equals or exceeds 50 percent of the market value
which have incurred "substantial damage", regardlc's of the actual repair work performed. The
violations of state or local health, sanitary, or safety code specifications which have been identified
by the local code enforcement official and which are the minimum necessary to assure safe living
* * * * * * *
SUBSECTION 3.C. AMENDMENTS TO SECTION 2.02.02 — DISTRICT NOMENCLATURE
Section 2.02.02, District Nomenclature, of Ordinance 04-41, as amended, the Collier County Land
Development Code, is hereby amended to read as follows:
Section 2.02.02 District Nomenclature
* * * * * * *
D. Where the phrases "industrial districts," "zoned industrially," "industrially zoned,"
"industrial zoning," or phraseology of similar intent, are used in this LDC, the phrases shall
be construed to include: I, BP, and industrial components in PUDs.
* * * * * * *
SUBSECTION 3.D. 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
* * * * * * *
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
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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:
* * * * * * *
5. Group care facilities (category I); care units, subject to the
provisions of LDC subsection 2.03.01 B.-341.c.6.; nursing homes;
assisted living facilities pursuant to § 429.102 429.02 F.S. and ch.
59A-36 F.A.C.; and continuing care retirement communities
pursuant to ch. 651 F.S. and ch. 690-193 F.A.C.; all subject to LDC
section 5.05.04.
*
SUBSECTION 3.E. 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
* * * * * * *
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
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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.
* * * * * * *
7. Group care facilities (category I); care units subject to the provisions
of LDC subsection 2.03.02 3.hA.1.c.8.; nursing homes; assisted
living facilities pursuant to §429.02 F.S. and ch. 59A-36 F.A.C.; and
continuing care retirement communities pursuant to ch. 651 F.S.
and ch. 690-193 F.A.C.; all subject to LDC section 5.05.04.
* * * * * * *
SUBSECTION 3.F. 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:
Section 2.03.03 Commercial Zoning Districts
* * * * * * *
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
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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.
c. Conditional uses. The following uses are permissible as conditional uses
in the commercial convenience district (C-2), subject to the standards and
procedures established in LDC section 10.08.00.
* * * * * * *
8. Personal services, miscellaneous (7299 - not listed as principlc
principal uses and limited to babysitting bureaus; birth certificate
agencies; car title and tag services; computer photography or
portraits; dating service; diet workshops; dress suit rental; tux
rental; genealogical investigation service; hair removal; shopping
service for individuals only; wardrobe service, except theatrical;
wedding chapels, privately operated) with 1,800 square feet or less
of gross floor area in the principal structure.
* * * * * * *
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).
* * * * * * *
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a. Permitted uses.
42. Group care facilities (category I and II, except for homeless
shelters); care units, except for homeless shelters; nursing homes;
assisted living facilities pursuant to § 429.02 F.S. and ch. 589A 36
59A-36 F.A.C.; and continuing care retirement communities
pursuant to ch. 651 F.S. and ch. 690-193 F.A.C.; all subject to LDC
section 5.05.04.
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).
* * * * * * *
c. Conditional uses. The following uses are permissible as conditional uses
in the travel trailer recreational vehicle campground district (TTRVC),
subject to the standards and procedures established in LDC section
10.08.00:
1. Camping cabins subject to the following standards:
* * * * * * * * * * * * *
x. If camping cabins are to be located in a flood hazard zone
as delineated on the most recent flood insurance rate maps,
all requirements of Chapter 62 of the Code of Laws and
Ordinances and Florida Building Code Section 3.02.00 of
this LDC must be met.
* * * * * * * * * * * * *
3. Plan approval requirements. Layout plans for a TTRVC park shall be submitted to
the County Manager or designee and construction shall be in accordance with
approved plans and specifications and further subject to the provisions of site
development plans in section 10.02.03. Such plans shall meet the requirements of
this district and shall show, at a minimum, those items identified herein.
* * * * * * * * * * * * *
10. Flood program requirements. All travel trailers, park model travel trailers,
recreational vehicles and accessory structures shall comply with the current Collier
County Flood Damage Prevention Ordinance [Code ch. 62, art. II] if permanently
attached to the ground or utility facilities.
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SUBSECTION 3.G. 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)
* * * * * * *
2. Applicability.
* * * * * * *
b. Property owners within the GGPOD may establish uses, densities, and
intensities in accordance with the underlying zoning classification of the
GGPOD. The design standards of the GGPOD pursuant to LDC section
4.02.06-26 shall apply.
* * * * * * *
G. Immokalee Urban Overlay District. To create the Immokalee Urban Overlay District with
distinct subdistricts for the purpose of establishing development criteria suitable for the
unique land use needs of the Immokalee Community. The boundaries of the Immokalee
Urban Overlay District are delineated on the maps below.
* * * * * * *
6. Nonconforming Mobile Home Site Overlay Subdistrict. Establishment of special
conditions for these properties which by virtue of actions preceding the adoption
of Ordinance No. 91-102, on October 30, 1991, were deemed to be nonconforming
as a result of inconsistencies with the land development code, and are located
within the Immokalee Urban Boundary as depicted on the Immokalee Area Master
Plan.
* * * * * * *
d. Density. Once the existing conditions site improvement plan is approved,
owners may replace mobile home units with an approved building permit
at sites shown on the site plan. Replacement units may be larger than the
removed unit, so long as the minimum separation standards established in
LDC section 2.03.067 G.6.c.i are met.
* * * * * * * *
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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.
3. Relationship to the Underlying Zoning Classification and the GMP.
a. The purpose of the BZO is to fulfill the goals, objectives and policies of the
GMP, as may be amended. Specifically, the BZO implements the
provisions of section V. G., Bayshore Gateway Triangle Redevelopment
Overlay, of the FLUE. Portions of the BZO coincide with Mixed Use Activity
Center #16 designated in the FLUE. Development in the activity center is
governed by requirements of the underlying zoning district and the mixed
use activity center subdistrict requirements in the FLUE, except for site
development standards as stated in LDC section 4.02.16.
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.
* * * * * * *
3. Relationship to the Underlying Zoning Classification and Collier County Growth
Management Plan.
a. The purpose of the GTZO is to fulfill the goals, objectives and policies of
the GMP, as may be amended. Specifically, the GTZO implements the
provisions of section V. G., Bayshore Gateway Triangle Redevelopment
Overlay, of the Future Land Use Element. Portions of the GTZO that
coincide with Mixed Use Activity Center#16 as designated in the FLUE of
the GMP. Development standards in the activity center is governed by
requirements of the underlying zoning district requirements and the mixed
use activity center subdistrict requirements in the FLUE, except for site
development standards as stated in LDC section 4.02.16.
* * * * * * *
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
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USE TYPE GTZO SUBDISTRICTS ADDITIONAL
STANDARDS
RESIDENTIAL MIXED USE
a) RESIDENTIAL
7) Guesthouse A A 5.05.0/1 5.03.03
and 4.02.16 C.2.
* * * * * * *
SUBSECTION 3.H. 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.
* * * * * * *
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:
* * * * * * *
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(1) Allowable Uses:
(c) All permitted and accessory uses listed in the C-4 General
Commercial District, section 2.03.023 (ED), subject to the
design guidelines and development standards set forth in
this Section.
* * * * * * *
B. Natural resource protection area overlay district (NRPA).
1. Purpose and intent. The purpose and intent of the Natural Resource Protection
Area Overlay District (NRPA) is to: protect endangered or potentially endangered
species by directing incompatible land uses away from their habitats; to identify
large, connected, intact, and relatively unfragmented habitats, which may be
important for these listed species; and to support State and Federal agencies'
efforts to protect endangered or potentially endangered species and their habitats.
NRPAs may include major wetland systems and regional flow-ways. These lands
generally should be the focus of any federal, state, County, or private acquisition
efforts. Accordingly, allowable land uses, vegetation preservation standards,
development standards, and listed species protection criteria within NRPAs set
forth herein are more restrictive than would otherwise be permitted in the
underlying zoning district and shall to be applicable in addition to any standards
that apply tin the underlying zoning district.
* * * * * * *
a. NRPA overlay areas. NRPAS are located in the following areas:
* * * * * * *
(5) South Golden Gate Estates.
The NRPA lands within the Rural Fringe Mixed Use District to which
the Section 2.03.08 C-B. regulations apply (i.e. - numbers 3 and 4
above) are depicted by the following map:
* * * * * * *
b. NRPAS designated as RFMU sending lands within the RFMU district.
NRPAS located in the RFMU district are identified as RFMU sending lands
and are further subject to the provisions, conditions and standards set forth
in section 2.03.08 (A)(4). Private property owners within these NRPAs may
transfer residential development rights from these important
environmentally sensitive lands to other identified "receiving" lands
pursuant to eth the specific provisions set forth in section 2.01.03 of this
Code.
* * * * * * *
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SUBSECTION 3.1. AMENDMENTS TO SECTION 3.02.01 — FINDINGS OF FACT
Section 3.02.01, Findings of Fact, of Ordinance 04-41, as amended, the Collier County Land
Development Code, is hereby amended to read as follows:
3.02.01 Reserved Findings of Fact
A. The flood hazed areas-ef the County a e
in loss of life, property damage, health, and safety hazards, disruption of commerce and
governmental services, extraordinary public expenditures for flood protection and relief,
and impairment of the tax ba^ ,
and general welfare.
B. These flood losses are caused by the cumulative effect of obstructions in flood plains
causing increases in flood heights and velocities, and by the occupancy in flood hazard
areas by structures vulnerable to floods or hazardous to the lands which are inadequately
SUBSECTION 3.J. AMENDMENTS TO SECTION 3.02.02— PURPOSE
Section 3.02.02, Purpose, of Ordinance 04-41, as amended, the Collier County Land
Development Code, is hereby amended to read as follows:
3.02.02 Reserved P-urpese
It is the purpose of this section to promote the public health, safety, and general welfare,
designed:
A. To protect human life and health;
control projects;
C. To minimize the need for rescue and relief efforts associated with flooding and generally
undertaken at the expense of the general public;
D. To minimize prolonged busines interruptions;
E. To minimize damage to public facilities and utilities, such as water and gas mains, electric,
telephone and sewer lines, streets, and bridges located in areas of special flood hazard;
F. To help maintain a stable tax base by providing for the sound use and development of
flood prone areas in such a manner as to minimize future flood blight areas;
property is in an area of special flood hazard; and
for their actions.
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SUBSECTION 3.K. AMENDMENTS TO SECTION 3.02.03 —APPLICABILITY
Section 3.02.03, Applicability, of Ordinance 04-41, as amended, the Collier County Land
Development Code, is hereby amended to read as follows:
3.02.03 Reserved Applicability
County, and identified by the Federal Insurance Administration ,n its flood insurance rate map
(FIRM), dated November 17, 2005, and any revisions thereto.
SUBSECTION 3.L. AMENDMENTS TO SECTION 3.02.04— EXEMPTIONS
Section 3.02.04, Exemptions, of Ordinance 04-41, as amended, the Collier County Land
Development Code, is hereby amended to read as follows:
3.02.04 Reserved Exemptions
substantial improvement as defined herein.
SUBSECTION 3.M. AMENDMENTS TO SECTION 3.02.05 — BASIS FOR ESTABLISHING
THE AREAS OF SPECIAL FLOOD HAZARD
Section 3.02.05, Basis for Establishing the Areas of Special Flood Hazard, of Ordinance 04-41,
as amended, the Collier County Land Development Code, is hereby amended to read as follows:
3.02.05 Reserved Basis for Establishing the Areas of Special Flood Hazard
scientific and engineering report entitled "The flood insurance study" for the County's
The flood insurance study and accompanying FIRM shall be on file and be open for public
inspection in the office of the Clerk to the BCC located in Building "F", Collier County Courthouse,
3301 Tamiami Trail, East, Naples, Florida 34112.
SUBSECTION 3.N. AMENDMENTS TO SECTION 3.02.06 — GENERAL STANDARDS FOR
FLOOD HAZARD REDUCTION
Section 3.02.06, General Standards for Flood Hazard Reduction, of Ordinance 04-41, as
amended, the Collier County Land Development Code, is hereby amended to read as follows:
3.02.06 Reserved General St nd rds for Flood Hazard Rn uction
In all areas of special flood hazards, the following provisions are required:
A. All new construction and substantial improvements shall be anchored to prevent flotation,
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B. New construction and substantial improvements in the A Zones may be built on
Ordinance. No significant water is permitted to flow from the subject premises onto
ey.,tcm(s).
C. Residential C nstruction new construction or substantial improvement of any residential
D. Non residential Construction new construction and substantial improvements of non
residential structures shall have the lowest floor(including basement) elevated to or above
the base flood level or, together with the attendant utility and sanitary facilities, be
designed so that below the base flood level, the structure is essentially waterproofed with
architect that the design standards of this section are satisfied.
E. All new construction and substantial improvements shall be constructed with electrical,
the components during conditions of flooding.
F. All new construction or substantial improvements shall be constructed by methods and
practices that will minimize flood damage.
floodwaters. Designs for meeting this requirement must either be certified by a registered
minimum of two (2) openings having a total net area of not less than one (1) square inch
of all openings shall be no higher than one (1) foot above the level of the floor they are to
devices, provided that they permit the automatic entry and exit of floodwaters.
H. All new and replacement water supply systems shall be designed to minimize or eliminate
infiltration of flood waters into the system.
New and replacement sanitary sewage systems shall be designed to minimize or eliminate
inflow of flood waters into the systems and discharges from the systems into flood waters.
J. On site waste disposal systems (including septic tanks) shall be designed and/or located
to minimize or eliminate impairment to, or contamination from, them during flooding.
Collier County Building Code or other applicable County Ordinances, must be located
above the base flood elevation level, and all fuel tanks for said generators must be
waterproofed and vented above the base flood elevation level.
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L. Electrical transformer and/or switching vaults, pad mounted transformers, pad mounted
flood elevation level. Such structures may be located within or outside a building, and are
thereof.
M. All meter enclosures for self contained electric kilowatt hour meters serving buildings shall
ve-rt-i-Gal-clistan-Ge-fram-fini.,hcel-gradc to the center of the meter or meters of more than six
stairway. When it is necessary to
to the center of the meter shall be four (4) to six (6) feet. The meter shall be placed in a
struct stairway traffic. On multi „nit building meters and meter
elevation and located in meter rooms
SUBSECTION 3.0. AMENDMENTS TO SECTION 3.02.07 — SPECIFIC STANDARDS FOR
CONSTRUCTION WITHIN COASTAL HIGH HAZARD AREAS
Section 3.02.07, Specific Standards for Construction Within Coastal High Hazard Areas, of
Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended
to read as follows:
3.02.07 Reserved
A. Coastal high hazard areas within the areas of special flood hazard have special flood
hazards a"cociated with high velocity waters from tidal surge and hurricane wave wash.
Therefore, the f sions shall apply:
1. All new construction and substantial improvements in the coastal high hazard ar a
tri Intl it I memher of the lowest floor(excli ding the pilings or columns) is elevated
chance of being equaled or exceeded in any given year (100 year mean
shall certify that the design and methods of construction to be used are in
accordance with accepted standa
paragraph.
2. All new construction and substantial improvements within the coastal high hazard
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building or supporting foundation system. For the purposes of this section, a
breakaway wall shall have a design safe loading resistance of not le's than ten
{10) and no more than twenty (20), pounds per square foot. Use of breakaway
walls which exceed a design safe loading resistance of twenty (20) pounds per
square foot (either by design or when so required by local or State Codes) may be
design proposed meets the following conditions:
a. Breakaway wall collapse shall result from a water load less than that which
could occur during the base flood; and
not be subject to collapse, displacement, or other structural damage due to
the effects of wind on building components (structural and non structural).
Maximum wind and water loading values to be used in this determination
shall each have one (1) percent chance of being equaled or exceeded in
any given year (100 year mean recurrence intenrol) Such enclosedspace
3. All swimming pools within the coastal high hazard or a shall be anchored to a pile
constructed with a vinyl liner as the main component.
4. It is prohibited to use fill for structural support of buildings within the coastal high
coastal high hazard area, if the County Manager or designee determines that such
alteration would increase potential flood damage.
SUBSECTION 3.P. AMENDMENTS TO SECTION 3.02.08 — REGULATIONS WITHIN THE
FLOODWAYS
Section 3.02.08, Regulations Within the Floodways, of Ordinance 04-41, as amended, the Collier
County Land Development Code, is hereby amended to read as follows:
3.02.08 Reserved Regulations Within +he Floodwwc
A. When floodways are designated within areas of special flood hazard, additional criteria
shall be met. Since the floodway is an extremely hazardous area due to the velocity of
provision shall apply:
1. Encroachments, including fill, new construction, substantial improvements and
certification by a professional registered engineer demonstrating that such
charge.
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SUBSECTION 3.Q. AMENDMENTS TO SECTION 3.02.09 — REGULATIONS FOR MOBILE
HOMES AND RECREATIONAL VEHICLES
Section 3.02.09. Regulations for Mobile Homes and Recreational Vehicles, of Ordinance 04-41, as
amended, the Collier County Land Development Code, is hereby amended to read as follows:
3.02.09 Reserved Regulations for Mobile Homes and Recreational Vehicles
A. No mobile home shall be placed in the coastal high hazard area, as depicted on the
county-wide Future Land Use Map, or in a floodway, except in an existing mobile home
park or existing mobile home subdivision, or land already zoned to allow mobile home
development.
B. All mobile homes placed, or substantially improved, on individual lots or parcels, in
for new construction, including elevation and anchoring.
BG. All mobile homes to be placed, or substantially improved, in an existing mobile home park
or subdivision must be elevated on a permanent foundation such that the lowest floor of
the mobile home complies with the minimum requirements of Chapter 62 of the Code of
Laws and Ordinances. is securely anchored to
an adequately anchored foundation system in accordance with the provisions of this LDC.
This paragraph applies to:
1. Mobile homes to be placed, or substantially improved, in an existing mobile home
park or subdivision.
2. Mobile homes to be placed, or substantially improved, in an existing mobile home
utilities, and pads before the repair, reconstruction, or improvement has
commenced. Existing mobile homes that arc substantially improved will require
height above grade, Of have their lowest floor at or above the base flood elevation,
if this allows for use of a lower foundation.
3. Mobile homes in existing mobile home parks or subdivisions shall be elevated 36
,
or rement „f the street utilities, and pads equals or exceeds 50 percent of
the value of the streets, utilities, and pads before the repair, reconstruction, or
improvement has commenced.
CD. Evacuation plans shall be included in applications for new manufactured home parks and
subdivisions, and for expansions to manufactured home parks and subdivisions, in flood
hazard areas. The County Manager or designee shall review and approve such
evacuation plans. All mobile home parks or subdivisions must develop, and have
E. All recreational vehicles placed on sites within Zones Al 30, AH, and AE on the
community's FIRM shall either:
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1. Be on the site for fewer than 180 consecutive days;
2. Be fully licensed and ready for highway use; or
3. Meet the permit requirements of this section, and the elevation and anchoring
requirements for"mobile homes" in accordance with this section.
F. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is
no permanently attached additions.
SUBSECTION 3.R. AMENDMENTS TO SECTION 3.02.10 — STANDARDS FOR SUBDIVISION
PLATS
Section 3.02.10, Standards for Subdivision Plats, of Ordinance 04-41, as amended, the Collier
County Land Development Code, is hereby amended to read as follows:
3.02.10 Reserved
A. All subdivision plats shall be-consistent with the need to minimize flood damage.
B. All subdivision plats shall have public utilities and facilities, such as sewer, gas, electrical,
and water systems, located and constructed to minimize flood damage.
hazards.
D. Base flood elevation data shall be shown on the Master Subdivision Plan.
E. All final plats presented for approval shall clearly indicate the finished elevation of the
in NAVD.
SUBSECTION 3.S. AMENDMENTS TO SECTION 3.04.02 — SPECIES SPECIFIC
REQUIREMENTS
Section 3.04.02, Species Specific Requirements, of Ordinance 04-41, as amended, the Collier
County Land Development Code, is hereby amended to read as follows:
3.04.02 Species Specific Requirements
B. Sea Turtle Protection.
5. It shall be unlawful, during the nesting season, to construct any structure, add any
fill, mechanically clean any beach, or grade any dirt within 100 feet of the nesting
zone of a beach where sea turtles nest or may nest, without obtaining a
construction in sea turtle nesting area permit from the County Manager or
designee.
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e. Minor structures, as defined by Florida Statutes-Subsection 161.055, of the
Coastal Zone Protection Act of 1985, shall be approved, provided that they
also comply with:
Chapter 62 of the Collier County Code of Laws and Ordinances.
Federal requirements for elevations above the 100 year flood level,
ii. Florida Building Code
for flood proofing,
iii. Current building and life safety codes,
iii.+v, Collier County and State of Florida Department of Environmental
Protection CCSL/CCCL regulations,
iv. Applicable disability access regulations of the American Disability
Act (ADA), and
v+. Any required Collier County zoning and other development
regulations with the exception of existing density or intensity
requirements established, unless compliance with such zoning or
other development regulations would preclude reconstruction
otherwise intended by the Build back Policy as determined by the
Emergency Review Board established herein.
* * * * * * *
SUBSECTION 3.T. AMENDMENTS TO SECTION 3.05.07 - PRESERVATION STANDARDS
Section 3.05.07, Preservation Standards, of Ordinance 04-41, as amended, the Collier County Land
Development Code, is hereby amended to read as follows:
3.05.07 Preservation Standards
* * * * * * *
H. Preserve standards.
1. Design standards.
* * * * * * * * * * * * *
e. Created preserves. Although the primary intent of GMP CCME Policy 6.1.1
is to retain and protect existing native vegetation, there are situations where
the application of the retention requirements of this Policy is not possible.
In these cases, creation or restoration of vegetation to satisfy all or a portion
of the native vegetation retention requirements may be allowed. In keeping
with the intent of this policy, the preservation of native vegetation off site is
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preferable over creation of preserves. Created Preserves shall be allowed
for parcels that cannot reasonably accommodate both the required on-site
preserve area and the proposed activity.
Applicability. Criteria for determining when a parcel cannot
reasonably accommodate both the required on-site preserve area
and the proposed activity include:
(b) Where the existing vegetation required by this policy is
located where proposed site improvements are to be
located and such improvements cannot be relocated as to
protect the existing native vegetation;
(c) To provide for flood plain compensation as required by the
LDC section 3.07.02.
* * * * * * *
SUBSECTION 3.U. AMENDMENTS TO SECTION 3.07.02 — INTERIM WATERSHED
REGULATIONS
Section 3.07.02, Interim Watershed Regulations, of Ordinance 04-41, as amended, the Collier
County Land Development Code, is hereby amended to read as follows:
3.07.02 Interim Watershed Regulations
* * * * * * *
C. Floodplain storage compensation calculation shall be provided on a case by case basis,
based upon historical flooding and drainage problem area information, as determined by
staff, for developments within flood hazard areas established in Chapter 62 of the Collier
County Code of Laws and Ordinances the designated flood zones "A", "AE", and "VE" as
Management Agency with an effective date of November 17, 2005. Floodplain storage
compensation calculations shall be provided on a case by case basis, based upon
historical flooding and drainage problem area information, as determined by staff, for
areas known to be periodically inundated by intense rainfall or sheetflow conditions.
* * * * * * *
SUBSECTION 3.V. AMENDMENTS TO SECTION 4.01.01 — ELEVATION REQUIREMENTS
FOR ALL DEVELOPMENTS
Section 4.01.01, Elevation Requirements for All Developments, of Ordinance 04-41, as amended, the
Collier County Land Development Code, is hereby amended to read as follows:
4.01.01 - Elevation Requirements for All Developments
The elevation of all building sites and public or private roadways included within a
subdivision or development for which a use other than conservation or recreation is proposed
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shall be not less than such minimum elevations as adopted by the BCC, Florida Building Code,
Chapter 62 of the Code of Laws and Ordinances, FEMA/FIRM, or South Florida Water
Management District (SFWMD) criteria. All lawful regulations with reference to bulkhead lines,
saltwater barrier lines, and other appropriate regulations regarding land filling, conservation,
excavations, demolition, and related regulations shall be observed during the construction of any
improvements within Collier County.
SUBSECTION 3.W. AMENDMENTS TO SECTION 4.02.11 — DESIGN STANDARDS FOR
HURRICANE SHELTERS WITHIN MOBILE HOME RENTAL PARKS
Section 4.02.11, Design Standards for Hurricane Shelters Within Mobile Home Rental Parks, of
Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended
to read as follows:
4.02.11 - Design Standards for Hurricane Shelters Within Mobile Home Rental Parks
C. The design and construction of the required shelters shall be guided by the wind loads
applied to buildings and structures designated as "essential facilities" in the Florida
Building Code
* * * * * * * * * * * * *
SUBSECTION 3.X. 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
* * * * * * *
B. All development orders issued for projects within the ACSC-ST shall be transmitted to the
State of Florida, Department of Economic Opportunity Commerce, for review with the
potential for appeal to the administration commission pursuant to Florida Administrative
Code, development order Requirements for Areas of Critical State Concern.
C. Site alteration within the ACSC-ST.
* * * * * * *
11. Structure installation.
a. Placement of structures shall be accomplished in a manner that will not
adversely affect surface water flow or tidal action.
b. Minimum lowest floor elevation permitted for structures shall be at or above
the elevation required by the Florida Building Code 100 year flood level as
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established by the administrator of the federal flood Insurance
Administration. The construction of any structure in a flood hazard area
shall meet additional requirements of Chapter 62 of the Code of Laws and
Ordinances federal flood insurance land management and use criteria.
c. This rule shall not apply to structures used or intended for use in connection
with the agricultural use of the land except as provided in Chapter 62 of the
Code of Laws and Ordinances.
SUBSECTION 3.Y. AMENDMENTS TO SECTION 4.02.16 — DESIGN STANDARDS FOR
DEVELOPMENT IN THE BAYSHORE GATEWAY TRIANGLE COMMUNITY
REDEVELOPMENT AREA
Section 4.02.16, Design Standards for Development in the Bayshore Gateway Triangle Community
Redevelopment Area, of Ordinance 04-41, as amended, the Collier County Land Development
Code, is hereby amended to read as follows:
4.02.16 - Design Standards for Development in the Bayshore Gateway Triangle Community
Redevelopment Area
* * * * * * *
C. Additional Standards for Specific Uses. Certain uses may be established, constructed,
continued, and/or expanded provided they meet certain mitigating standards specific to
their design and/or operation. These conditions ensure compatibility between land uses
and building types and minimize adverse impacts to surrounding properties.
* * * * * * *
2. Accessory Uses to Residential Structures. An accessory structure located on the
property and related to the primary residence (single-family detached only) for
uses which include, but are not limited to: library, studio, workshop, playroom,
screen enclosure, detached garage, swimming pool or guesthouse.
* * * * * * *
d. The guesthouse must be of new construction and must meet the
requirements of the Florida Building Code National Flood Insurance
Program (NFIP) first habitable floor elevation requirements. The
guesthouse may be above a garage or may be connected to the primary
residence by an enclosed breezeway or corridor not to exceed 8 feet in
width.
* * * * * * *
D. Building Types and Architectural Standards
* * * * * * *
4. Building Type: HOUSE.
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* *
c. Façade Requirements:
A maximum of two feet of fill shall be allowed on sites in flood
hazard areas to meet the elevation requirements of the Florida
Building Code towards meeting National Flood Insurance Program
(NFIP) requirements. Additional NFIP finished habitable lowest
floor height requirements shall be accomplished through stem wall
construction. Stem walls shall be finished in material and color
complimentary to the principal structure.
ii. Open stilt-type construction is not permitted. On front yards, the
foundation area below the first floor must be treated with a solid
façade or lattice, which is consistent with the architectural style of
the building and the floodplain protection standards of the Florida
Building Code and Chapter 62 of the Code of Laws and Ordinances
scction 3.02.00.
* * * * * * *
SUBSECTION 3.Z. AMENDMENTS TO SECTION 4.03.03 —SUBDIVISION EXEMPTIONS
Section 4.03.03, Subdivision Exemptions, of Ordinance 04-41, as amended, the Collier County
Land Development Code, is hereby amended to read as follows:
4.03.03 — Subdivision Exemptions
* * * * * * *
G. Rural area subdivision requirements.
* * * * * * *
3. Access agreement. The owner of property applying for a building permit shall
execute a release and waiver agreement which shall be executed and recorded at
the applicant's expense in the official records of Collier County. The release and
waiver agreement shall be in a form approved by the county attorney or designee,
and shall include, at a minimum, the following provisions and a copy of the
recorded agreement submitted with the property owner's building permit
application:
* * * * * * *
k. An acknowledgment that the Department of Economic
Opportunity Commerce (DEED) may review and appeal any development
order issued by Collier County within the Big Cypress Area of Critical State
Concern. Also, confirmation that the applicant will execute, prior to
issuance of any development order by Collier County, a statement of
understanding of the DEO Department of Commerce review requirements
in the form approved by the DEO Department of Commerce; and
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SUBSECTION 3.AA. AMENDMENTS TO SECTION 4.06.04 — TREES AND VEGETATION
PROTECTION
Section 4.06.04, Trees and Vegetation Protection, of Ordinance 04-41, as amended, the Collier
County Land Development Code, is hereby amended to read as follows:
4.06.04—Trees and Vegetation Protection
A. Vegetation Removal and Site Filling. Unless exempted by Section 3.05.02, clearing and
filling for Site Development Plans (SDP), Site Improvement Plans (SIP), Plans and Plat
(PPL) and Vegetation Removal and Site Fill Permits (VRSFP) shall be in accordance
with Section 3.05.05 and the following criteria. The following shall not apply to the Golden
Gate Estates subdivision.
* * * * * * *
3. Stabilization:
* * * * * * *
e. For subdivisions and VRSFPs within subdivisions, excluding VRSFPs for
clearing and filling of 5 lots or less or for temporary access pursuant
to 4.06.04 A.2.a, b and c (above), a vegetation bond in the form of a
performance bond, letter of credit, or cash bond and in the amount of
$5,000.00 per acre must be posted. Bonds shall be released to
the applicant on a prorated basis based upon issuance of building permits
or stabilization of fill.
* * * * * * *
SUBSECTION 3.BB. AMENDMENTS TO SECTION 5.05.15 — CONVERSION OF GOLF
COURSES
Section 5.05.15, Conversion of Golf Courses, of Ordinance 04-41, as amended, the Collier
County Land Development Code, is hereby amended to read as follows:
5.05.15 — Conversion of Golf Courses
* * * * * * *
C. Application process for conversion applications.
* * * * * * *
2. Developer's Alternatives Statement requirements. The purpose of the
Developer's Alternatives Statement (DAS) is to serve as a tool to inform
stakeholders and the County about the applicant's development options
and intentions. It is intended to encourage communication, cooperation,
and consensus building between the applicant, the stakeholders, and the
County.
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Via. Alternatives. The DAS shall be prepared by the applicant and shall clearly
identify the goals and objectives for the conversion project. The DAS shall
address, at a minimum, the three alternatives noted below. The alternatives
are not intended to be mutually exclusive; the conceptual development plan
described below may incorporate one or more of the alternatives in the
conversion project.
SUBSECTION 3.CC. AMENDMENTS TO SECTION 6.01.02 — EASEMENTS
Section 6.01.02, Easements, of Ordinance 04-41, as amended, the Collier County Land
Development Code, is hereby amended to read as follows:
6.01.02 — Easements
If applicable, easements shall be provided along lot lines or along the alignment of the
improvements requiring easements in accordance with all design requirements so as to provide
for proper access to, and construction and maintenance of, the improvements. All such
easements shall be properly identified on the preliminary subdivision plat and dedicated on the
final subdivision plat.
* * * * * * *
C. Protected/preserve area and easements. A nonexclusive easement or tract in favor of
Collier County, without any maintenance obligation, shall be provided for all
"protected/preserve" areas required to be designated on the preliminary and final
subdivision plats or only on the final subdivision plat if the applicant chooses not to submit
the optional preliminary subdivision plat. Any buildable lot or parcel subject to or abutting
a protected/preserve area required to be designated on the preliminary and final
subdivision plats, or only on the final subdivision plat if the applicant chooses not to submit
the optional preliminary subdivision plat, shall have a minimum setback as required by the
LDC, or other setback that may be approved as a deviation through the PUD approval
process by the Board of County Commissioners from the boundary of such
protected/preserve area in which no principle principal structure may be constructed. The
required preserve principal structure setback line and the accessory structure setback
lines shall be clearly indicated and labeled on the final plat where applicable. Further, the
preliminary and final subdivision plats, or only on the final subdivision plat if the applicant
chooses not to submit the optional preliminary subdivision plat, shall require that no
alteration, including accessory structures, fill placement, grading, plant alteration or
removal, or similar activity shall be permitted within such setback area without the prior
written consent of the County Manager or designee; provided, in no event shall these
activities be permitted in such setback area within ten feet of the protected/preserve area
boundary. Additional regulations regarding preserve setbacks and buffers are located in
Chapters 4 and 10, and shall be applicable for all preserves, regardless if they are platted
or simply identified by a recorded conservation easement. The boundaries of all required
easements shall be dimensioned on the final subdivision plat. Required
protected/preserve areas shall be identified as separate tracts or easements having
access to them from a platted right-of-way. No individual residential or commercial lot or
parcel lines may project into them when platted as a tract. If the protected/preserve area
is determined to be jurisdictional in nature, verification must be provided which documents
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the approval of the boundary limits from the appropriate local, state or federal agencies
having jurisdiction and when applicable pursuant to the requirements and provisions of
the growth management plan. All required easements or tracts for protected/preserve
areas shall be dedicated and also establish the permitted uses for said easement(s)and/or
tracts on the final subdivision plat to Collier County without the responsibility for
maintenance and/or to a property owners' association or similar entity with maintenance
responsibilities. An applicant who wishes to set aside, dedicate or grant additional
protected preserve areas not otherwise required to be designated on the preliminary
subdivision plat and final subdivision plats, or only on the final subdivision plat if the
applicant chooses not to submit the optional preliminary subdivision plat, may do so by
grant or dedication without being bound by the provisions of this section.
SUBSECTION 3.DD. AMENDMENTS TO SECTION 9.04.05 — SPECIFIC REQUIREMENTS
FOR VARIANCES TO FLOOD HAZARD PROTECTION
Section 9.04.05, — Specific Requirements for Variances to Flood Hazard Protection
Requirements, of Ordinance 04-41, as amended, the Collier County Land Development Code, is
hereby amended to read as follows:
9.04.05 — Reserved.
Requirements
A. General requirements.
minimum neccsary, considering the flood hazard, to afford relief.
2. Variances shall only be issued upon:
a. A showing of good and sufficient cause.
b. A determination that failure to grant the variance would result in exceptional
hardship to the applicant.
c. A determination that the granting of a variance will not result in increased
flood heights, additional threats to public safety, extraordinary public
pense, cr ate nuisances, cause fraud on or victimization of the public, or
conflict with existing local laws or ordinances.
3. In passing upon a variance, the Board of Zoning Appeals shall consider all
the LDC; and the following criteria:
a. The danger that materials may be swept onto other lands to the injury of
others;
b. The danger to life and property due to flooding or erosion damage;
c. The susceptibility of the proposed facility and its contents to flood damage
and the effect of such damage on the individual owner;
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d. The importance of the services provided by the proposed facility to the
community;
c. The neces.,ity to the facility of a waterfront location, where applicable;
damage, for the proposed use;
g. The compatibility of the proposed use with existing and anticipated
development.
h. The relationship of the proposed use to the GMP and flood plain
management program for the area;
ihe saf of access to the property in times of floor) for ordinary and
emergency vehicles;
j. The expected heights, velocity, duration, rate of rise, and sediment
transport of the flood waters and the effects of wave action, if applicable,
expected at the site;
k. The costs of providing governmental services during and after flood
such as sewer, gas, electrical, water systems, streets, and bridges, and;
i. Variances shall not be issued within any designated floodway if any
increase in flood levels during the base flood discharge would result.
m. Variances may be issued by a community for new construction and
substantial improvements and for other development necc'sary for the
ctionally dependent uCeve provided that the criteria of (a)
through (I) of this section are met.
n. Generally, variances may be issued for new construction and substantial
improvements to be erected on a lot of one half ('/2) acre or lea., in size
contiguous to and surrounded by lots with existing structures-constructed
below the base flood level, providing items (a) through (I) have been fully
considered.
SUBSECTION 3.EE. AMENDMENTS TO SECTION 10.02.04 — REQUIREMENTS FOR
PRELIMINARY AND FINAL SUBDIVISION PLATS
Section 10.02.04, — Requirements for Preliminary and Final Subdivision Rats, of Ordinance 04-
41, as amended, the Collier County Land Development Code, is hereby amended to read as
follows:
10.02.04— Requirements for Preliminary and Final Subdivision Plats
E. General Requirements for Construction Plans (CNSTR).
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2. Application and process.
* * * * * * *
c. Construction plans shall be reviewed and approved pursuant to LDC
section 10.02.04 B.3 and B.4, as applicable.
* * * * * * *
SUBSECTION 3.FF. AMENDMENTS TO SECTION 10.02.08 — REQUIREMENTS FOR
AMENDMENTS TO THE OFFICIAL ZONING ATLAS
Section 10.02.08, — Requirements for Amendments to the Official Zoning Atlas, of Ordinance 04-41,
as amended, the Collier County Land Development Code, is hereby amended to read as
follows:
10.02.08 — Requirements for Amendments to the Official Zoning Atlas
* * * * * * *
B. Amendment of the zoning atlas. A zoning atlas amendment may be proposed by:
1. Board of cCounty GCommissioners.
2. Planning GCommission.
3. Board of zZoning aAppeals.
* * * * * * *
SUBSECTION 3.GG. AMENDMENTS TO SECTION 10.04.04 —Applications Subject to Type
III Review
Section 10.04.04, -Applications Subject to Type III Review, of Ordinance 04-41, as amended,
the Collier County Land Development Code, is hereby amended to read as follows:
10.04.04 Applications Subject to Type III Review
The following applications are subject to Type III review: Variances; Administrative Appeals;
Certificates of Appropriateness; conditional uses; nonconforming Use Amendments; Vested
Rights; flood Variances; Parking Agreements.
* * * * * * *
SUBSECTION 3.HH. AMENDMENTS TO APPENDIX C- FINAL SUBDIVISION PLAT,
REQUIRED CERTIFICATIONS AND SUGGESTED TEXT AND
FORMATS FOR OTHER REQUIRED INFORMATION
Appendix C- Final Subdivision Plat, Required Certifications and Suggested Text and Formats
for Other Required Information, of Ordinance 04-41, as amended, the Collier County Land
Development Code, is hereby amended to read as follows:
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APPENDIX C — FINAL SUBDIVISION PLAT, REQUIRED CERTIFICATIONS AND
SUGGESTED TEXT AND FORMATS FOR OTHER REQUIRED INFORMATION
A. DEDICATE TO THE (insert homeowners' association or legal entity):
* * * * * * *
7. All conservation/preserve areas/easements as follows:
ALL (CONSERVATION or PRESERVE) (TRACTS or EASEMENTS) ARE
DEDICATED AS COMMON AREAS WITH PERPETUAL RESPONSIBILITY FOR
MAINTENANCE. THE (CONSERVATION or PRESERVE) (TRACTS or
EASEMENTS) MAY IN NO WAY BE ALTERED FROM THEIR NATURAL OR
PERMITTED STATE.ACTIVITIES PROHIBITED WITHIN THE (CONSERVATION
or PRESERVE) AREAS INCLUDE, BUT ARE NOT LIMITED TO;_
CONSTRUCTION OR PLACING OF BUILDINGS ON OR ABOVE THE GROUND;
DUMPING OR PLACING SOIL OR OTHER SUBSTANCES SUCH AS TRASH;
REMOVAL OR DESTRUCTION OF TREES, SHRUBS, OR OTHER
VEGETATION WITH THE EXCEPTION OF EXOTIC/NUISANCE VEGETATION
REMOVAL; EXCAVATION, DREDGING OR REMOVAL OF SOIL MATERIAL
DIKING OR FENCING; ANY OTHER ACTIVITIES DETRIMENTAL TO
DRAINAGE11 FLOOD CONTROL, WATER CONSERVATION, EROSION
CONTROL, OR FISH AND WILDLIFE HABITAT CONSERVATION OR
PRESERVATION.
* * * * * * *
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
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or re-lettered to accomplish such, and the word "ordinance" may be changed to"section,""article,"
or any other appropriate word.
SECTION SIX: EFFECTIVE DATE
This Ordinance shall become effective upon filing with the Florida Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this,' Ll8.ay of L I\ , 2024.
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL, CLERK OF COLLIER COUNTY, FLORIDA
AO 7-4,
By: n _ By: 1
Attest .s' Cha , ,J.-puty Clerk HRIS HALL, Chairm'-n
si.na - e only
Approved as to form and legality:
,6\ (-6 \ This ordinance filed with the
Heidi F. Ashton-Cicko Secretory of S ate s office the
Managing Assistant County Attorney --1—day of « , 2,024
and acknowledg merit of that
04-CMD-01077/1991(03/26/24) film. rece'ved is day
23-LDS-00288/66 of i1, +i'_•
By
omit
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slit Si
FLORIDA DEPARTMENT of STATE
RON DESANTIS CORD BYRD
Governor Secretary of State
April 1, 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. 2024-11, which was filed in this office on April 1, 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