Ordinance 2007-67
ORDINANCE NO. 07--92-
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, 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 1.08.01
ABBREVIATIONS, SECTION 1.08.02 DEFINITIONS;
CHAPTER 2 - ZONING DISTRICTS AND USES, INCLUDING
SECTION 2.03.01 RESIDENTIAL ZONING DISTRICTS,
SECTION 2.03.07 OVERLAY ZONING DISTRICTS,
SECTION 2.03.08 RURAL FRINGE ZONING DISTRICTS,
SECTION 2.05.01 DENSITY STANDARDS AND HOUSING
TYPES; CHAPTER 3 - RESOURCE PROTECTION,
INCLUDING SECTION 3.03.02 APPLICABILITY, 3.05.10
LITTORAL SHELF PLANTING AREA; CHAPTER 4 - SITE
DESIGN AND DEVELOPMENT STANDARDS, INCLUDING
SECTION 4.02.01 DIMENSIONAL STANDARDS FOR
PRINCIPAL USES IN BASE ZONING DISTRICTS, 4.02.03
SPECIFIC STANDARDS FOR LOCATION OF ACCESSORY
BUILDINGS AND STRUCTURES, SECTION 4.06.02
BUFFER REQUIREMENTS, SECTION 4.06.05 GENERAL
LANDSCAPING REQUIREMENTS; CHAPTER 5
SUPPLEMENTAL STANDARDS, INCLUDING SECTION
5.05.08 ARCHITECTURAL AND SITE DESIGN
STANDARDS, SECTION 5.06.02 PERMITTED SIGNS,
SECTION 5.06.04 SIGN STANDARDS FOR SPECIFIC
SITUATIONS; CHAPTER 6 INFRASTRUCTURE
IMPROVEMENTS AND ADEQUATE PUBLIC FACILITIES
REQUIREMENTS, INCLUDING SECTION 6.05.01
STORMWATER MANAGEMENT SYSTEM
REQUIREMENTS, SECTION 6.05.02 SEAWALLS AND
BULKHEADS; CHAPTER 10 - APPLICATION, REVIEW,
AND DECISION-MAKING PROCEDURES, INCLUDING,
SECTION 10.02.02 SUBMITTAL REQUIREMENTS FOR ALL
APPLICATIONS, 10.02.03 SUBMITTAL REQUIREMENTS
FOR SITE DEVELOPMENT PLANS, SECTION 10.02.04
SUBMITTAL REQUIRMENTS FOR PLATS, SECTION
10.02.05 SUBMITTAL REQUIREMENTS FOR
IMPROVEMENT PLANS, SECTION 10.02.06 SUBMITTAL
REQUIREMENTS FOR PERMITS, SECTION 10.03.05
NOTICE REQUIREMENTS FOR PUBLIC HEARINGS
BEFORE THE BCC, THE PLANNING COMMISSION, THE
BOARD OF ZONING APPEALS, THE EAC AND THE
HISTORIC PRESERVATION BOARD, SECTION 10.04.03
APPLICATIONS SUBJECT TO TYPE II REVIEW, SECTION
10.04.04 APPLICATIONS SUBJECT TO TYPE III REVIEW;
SECTION FOUR, CONFLICT AND SEVERABILITY;
SECTION FIVE, PUBLICATION AS THE COLLIER COUNTY
LAND DEVELOPMENT CODE; AND SECTION SIX,
EFFECTIVE DATE.
Recitals
WHEREAS, on October 30, 1991, the Collier County
Board of County Commissioners adopted Ordinance No. 91-
102, the Collier County Land Development Code (hereinafter
LDC), which was subsequently amended; and
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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, the LDC may not be amended more than
two times in each calendar year unless additional amendment
cycles are approved by the Collier County Board of
Commissioners pursuant to Section 10.02.09 A. of the LDC; and
WHEREAS, this is the first amendment to the LDC for
the calendar year 2007; 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 Board of County Commissioners, in a
manner prescribed by law, did hold an advertised public hearing
on October 11, 2007 and October 24, 2007 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 local government comprehensive planning
and land development regulation 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 Sec. 163.3161, et
seq., Fla. Stat., the Florida Local Government Comprehensive
Planning and Land Development Regulations Act (herein after
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the "Act"), is required to prepare and adopt a comprehensive
plan.
2. After adoption of the Comprehensive Plan, the
Act and in particular Section 163.3202(1). Fla. Stat., mandates
that Collier County adopt land development regulations that are
consistent with and implement the adopted comprehensive plan.
3. Section 163.3201, Fla. Stat., 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), Fla. Stat., 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), Fla. Stat., 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 Sec. 163.3161 et seq., Fla.
Stat., and Rule 9J-5 F.A.C.
7. Section 163.3194(1)(a), Fla. Stat., 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 or portion thereof shall be
consistent with such comprehensive plan or element or portion
thereof.
8. Pursuant to Sec. 163.3194(3)(a), Fla. Stat., a
development order or land development regulation shall be
consistent with the comprehensive plan if the 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), Fla. Stat., requires 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 and may be amended twice annually.
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
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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 1.08.01 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:
1.08.01 Abbreviations
* * * * * * * * * * * * * * * *
ATF After the Fact
AUIR Annual U ate and Invento Re ort
BD Boat Dock Petition
BMP Best Mana ement Practices
BOA Collier Count Buildin Board of Ad'ustments and A eals
BCC Collier Coun Board of Coun Commissioners
* * * * * * * * * * * * * * * *
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
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Best Manaaement Practices: Schedule of activitv. maintenance orocedures. ore-emotive
site control measures and other manaaement techniaues intended to reduce the
discharae of oollutants to waters of the United States.
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Dwellina. two-fami/v: A sinale. freestandina. conventional buildina intended. desianed.
used and occuoied as two dwellina units attached bv a common wall or roof. but wherein
each unit is located on a seoarate lot under seoarate ownershio.
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Infiltration trench: An excavated trench. nominallv two to three feet in width and deoth
lined with a class "C" aeotextile fabric. or better. and backfilled with clean stone
aaareaate.
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Lot measurement. width: Width of a lot shall be considered to be the averaae distance
between straiaht lines connectina front and rear lot lines at each side of the lot.
measured as straiaht lines between the foremost ooints of the side lot lines where thev
intersect with the street line and the ooints of the side lot lines where thev intersect the
rear orooertv line. (see Fiaure 9). The width between the side lot lines at their foremost
ooints in front shall not be less than 80 oercent of the reauired lot width. exceot in the
case of lots on the turnina circle of a cul-de-sac when the 80 oercent reauirement shall
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not aoolv. The minimum lot width on a cul-de-sac shall be fiaured bv drawina a straiaht
line at the chord. then drawina a straiaht line oarallel to it at the reauired setback
distance for that oarticular zonina district. That new established line shall meet the
minimum lot width of that district. (see Fiaure 10).
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ab ~ 80% required width
Measurement of Lot Width
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1.08.02 - Fiaure 9
Lot Line
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EF = Required Width
M88lIUrement of a cul-<l&-88C 101 width
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1.08.02 - Fiaure 10
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Subdivision. minor: The division of land. whether imoroved or unimoroved. into three or
more. but less than ten. contiauous lots or oarcels of land. for the ouroose. whether
immediate or future. of transfer of ownershio or develooment. which does not involve the
extension of an existina street or the establishment of a new street and does not involve
the extension. creation or establishment of anv imorovement otherwise reauired in
section 10.02.05
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SUBSECTION 3.C. AMENDMENTS TO SECTION 2.03.01 RESIDENTIAL ZONING
DISTRICTS
Section 2.03.01 Residential Zoning Districts, of Ordinance 04-41, as amended, the
Collier County Land Development Code, is hereby amended to read as follows:
2.03.01 Residential Zoning 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 a 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 the 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.
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
estate 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 or as
provided under the Golden Gate Master Plan.
1. Minimum yard Requirements. See ti=Ie subsection 4.02.01 A. Table 2.1 if!
Chapter 2.97.00 for the general requirements. The following are
exceptions to those requirements:
a. Conforming Corner lots. Conforming corner lots, in which only
one full depth setback shall be required along the shorter lot line
along the street. the setback along the longer lot line may be
reduced to 37.5 feet, so long as no right-of-way or right-of-way
easement is included within the reduced front yard. (See Exhibit
A)
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SUBSECTION 3.D. AMENDMENTS TO SECTION 2.03.07 OVERLAY ZONING
DISTRICTS
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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
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D. Special Treatment Overlay "ST"
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4. Transfer of development Rights (TDR).
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b. Transfer of development rights from urban areas to urban
areas. An owner of land located within areas designated
as urban on the Future Land Use Map, including
agriculturally zoned properties, which mayor may not be
identified with the ST overlay, may elect to transfer some
or all of the residential development rights from one
parcel of land to another parcel, as an alternative to the
development of the sending lands. The lands to which
the development rights are to be transferred shall be
referred to as receiving lands and those lands from which
development rights are transferred shall be referred to as
sending lands, as provided herein and shall be located
within the urban designated areas of the county.
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vi. Maximum number of residential units which eligible
lands may receive.
a) Lands in all residential zoning districts and
residential components of planned unit
development zoning districts are eligible to
receive residential development units
provided that the maximum number of
residential units which may be transferred to
the receiving land does not exceed ten
percent of the maximum number of
residential units permitted under the
receiving property's basic zoning district.
For the purpose of determining the number
of residential units which a parcel of land is
capable of receiving, the following formulas
shall apply:
i) RSF-1 through RSF-5 districts, up to
and including five units per acre:
Units per base density x 10% = .1
to .5 units per acre
ii) RMF-6 district, up to and including
six units per acre:
6 units x 10% = 0.6 units per acre
iii) RMF-12 district, seven to and
including 12 units per acre:
12 units x 10% = 1.20 units per acre
iv) RMF-16 district:
16 units x 5% = 0.80 units per acre
v) RT district:
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16 units x 5% = 0.80 units per acre
2€lI,Jnits v 5% - 1. JO units per acre
vi) PUD district:
Residential tract units x 5% =
permitted units per acre
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c. TDR credits from RFMU sending lands:
General Provisions
I. Creation of TDR credits.
a) TDR credits are generated from RFMU
sending lands at a rate of 1 TDR
credit per 5 acres of RFMU Sending
Land or, for those legal non-conforming
lots or parcels of less than 5 acres that
were in existence as of June 22, 1999,
at a rate of 1 TDR credit per legal non-
conforming lot or parcel.
b) For lots and parcels 5 acres or larger,
the number of TDR credits generated
shall be calculated using the following
formula:
# of acres x 0.2 = # of TDR credits
generated.
Where the number of TDR credits thus
calculated is a fractional number, the
number of TDR credits created shall be
rounded to the nearest 1/10Oth.
ii. Creation of TDR Bonus credits. TDR Bonus
credits shall only be generated from RFMU
sending land property from which TDR credits
have been severed. The three types TDR Bonus
credits are as follows:
a) Environmental Restoration and
Maintenance Bonus credits.
Environmental Restoration and
Maintenance Bonus credits are
generated at a rate of 1 credit for each
TDR credit severed from that RFMU
sending land for which a Restoration and
Management Plan (RMP) has been
accepted by the County. In order to be
accepted, a RMP shall satisfy the
following:
1) The RMP shall include a listed
species management plan.
2) The RMP shall comply with the
criteria set forth in 3.05.08.A. and
B.
3) The RMP shall provide financial
assurance, in the fomn of a letter
of credit peOOFfRaRGe surety eena
or similar-financial security,
establishina that the RMP shall
remain in place and be perfomned,
until the earlier of the following
occurs:
Words swok Ihrougn are deleted. words underlined are added
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f. Procedures applicable to the transfer of TDR credits
from RFMU sending lands.
i. General. The transfer of TDR credits from RFMU
sending lands does not require the approval of the
County. However, those developments that utilize
such TDR credits are subject to all applicable
permitting and approval requirements of this Code,
including but not limited to those applicable to site
development plans, plat approvals, PUDs, and
DRls.
ii. County-maintained central TDR registry. In order to
facilitate the County's monitoring and regulation of
the TDR Program, the County shall serve as the
central registry of all TDR credit purchases, sales,
and transfers, as well as a central listing of TDR
credits available for sale and purchasers seeking
TDR credits. No TDR credit generated from
RFMU sending lands may be utilized to increase
density in any area unless the following
procedures are complied with in full.
a) TDR credits shall not be used to increase
density in either non-RFMU Receiving
Areas or RFMU receiving lands until
severed from RFMU sending lands. TDR
credits shall be deemed to be severed from
RFMU sending lands at such time as a
TDR credit Certificate is obtained from the
County and recorded. TDR credit
Certificates shall be issued only by the
County and upon submission of the
following:
i) a legal description of the property
from which the RFMU TDR credits
originated, including the total
acreage;
ii) a title seaFGh, or ether e',iElenGe
suffiGieFlt to estaelish a title opinion
establishina that, prior to the
severance of the TDR credits from
RFMU sending lands, such sending
lands were not subject to a
conservation restriction or any other
development restriction that
prohibited residential development;
iii) an affidavit. sianed bv the owner.
statina that the property was not
subiect to a conservation restriction
or anv other development restriction
that prohibited residential
development durina the period
between the effective date of the title
opinion and conservation easement
recordation;
jjj jy) a legal instrument, prepared in
accord with the form provided by the
County, that limits the allowable
uses on the property after the
severance of TDR credits as set
forth in section 2.03.08 A.4.b.; afIEI
iv )1) a statement identifying the price, or
value of other remuneration, paid to
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the owner of the RFMU sending
lands from which the TDR credits
were generated and that the value of
any such remuneration is at least
$25,000 per TDR credit, unless
such owner retains ownership of the
TDR credits after they are severed,
unless the RFMU or non-RFMU
receiving lands on which the TDR
credits will be utilized and the
RFMU sending lands from which
the TDR credits were generated are
owned by the same persons or
entities or affiliated persons or
entities; and
v W a statement attesting that the TDR
credits are not being severed from
RFMU sending lands in violation of
section 2.03.07(D)(4)(c)(iv)(b) of this
Code.
vi vii) documented evidence that, if the
property from which TDRs are being
severed is subject to a mortgage,
lien, or any other security interest;
the mortgagee, lien holder, or holder
of the security interest has
consented to the conservation
easement required for TDR
severance.
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I. Bayshore Mixed Use Overlay District
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3. Mixed Use Project Approval Process.
a. Owners of property in the Neighborhood Commercial
(BMUD-NC) and Waterfront (BMUD-W) Subdistricts may
petition the Board of County Commissioners for mixed use
project approval. The application for MUP approval shall
acknowledge that the owner shall not seek or request, and
the County shall not thereafter grant or approve, any
additional uses beyond those allowed in the C-1 through
C-3 zoning districts. The application shall be accompanied
by a conceptual site plan demonstrating compliance with
the criteria in section 10.03.05.G.
b. There shall be a public hearing before the Plannina
Commission. leaallv noticed and advertised pursuant to
subsection 10.03.05 G. 1. and posted as provided for in
subsection 10.03.05 G. 3. The Plannina Commission shall
make a recommendation to the Board of County
Commissioners based upon the criteria provided in
subsection 10.03.05 G. 8. There shall be a public hearina
before the BCC. legally noticed and advertised pursuant to
section 10.03.05.G. If approved by the BCC, such
approval shall be by resolution.
c. Once a Mixed Use Project has been approved by the BCC,
the applicant shall submit a site development plan (SDP),
based on the conceptual site plan approved by the BCC
and meeting the requirements of section 10.02.03 B.1. of
this Code, to the Community Development and
Environmental Services Division within six months of the
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date of approval. This SDP must be determined as
sufficient and accepted for review by the Division within 30
days of submittal. After the SDP has been approved, the
approved project shall be identified on the Collier County
official zoning atlas map, using the map notation MUP. If a
MUP approval expires, as set forth below, the map
notation shall be removed from the official zoning atlas
map. The burden is on the applicant to submit an SDP
application in a timely manner, to be responsive to the
County's SDP review comments, and to commence
construction in a timely manner after SDP approval has
been granted.
d. MUP approval shall expire and any residential density
bonus units shall be null and void and returned to the
bonus density pool if any of the following occur:
i. The SDP is not submitted within six months of MUP
approval by the BCC.
ii. The SDP is not deemed sufficient for review within
30 days of submittal.
iii. The SDP under review is deemed withdrawn and
cancelled, pursuant to section 10.02.03.BA.a.
iv. The SDP is considered no longer valid, pursuant to
section 10.02.03.BA.b. and c.
e. Once a property owner, through a MUP approval, elects to
develop or redevelop a mixed use project under
Neighborhood Commercial (NC) or Waterfront (W)
Subdistricts, then the property shall be developed in
compliance with all provisions of the overlay and cannot
revert back to the underlying zoning district.
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J. Goodland Zoning Overlay "GZO". To create design guidelines and
development standards that will assure the orderly and appropriate
development in the unincorporated area generally known as Goodland.
The Goodland Zoning Overlay district (GZO) is intended to provide
regulation and direction under which the growth and development of
Goodland can occur with assurance that the tropical fishing village and
small town environment of Goodland is protected and preserved, and that
development and/or redevelopment reflect the unique residential and
commercial characteristics of the community. The boundaries of the
Goodland Zoning Overlay district are delineated on Map 1 below.
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4. Storage Sheds. Parcels located off of Bayshore 9FiYe Wav are
allowed to retain any sheds that were constructed prior to October
17, 2003. Storage sheds for fishing and boat equipment on the
boat dock parcels off of Bayshore 9FiYe Wav constructed after
October 17, 2003 are permissible if they comply with the following
requirements:
a. The appropriate building permit must be obtained.
b. Bayshore drive setback: ten feet.
c. Waterfront setback: ten feet.
d. Side yard setback: 0 feet.
e. Maximum size of shed: 144 square feet.
Page II of 48
Words slFllek throllgn are deleted. words underlined are added
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K. Activity Center #9 Overlay. The purpose of this designation is to create an
enhanced entryway into the Naples urban area through appropriate,
unified design elements and standards; the implementation of which will
result in an attractive, positive image as outlined in the vision statement of
the Activity Center #9 Interchange Master Plan. These regulations and
the desian standards located in section 4.02.23 apply to the following
properties within Activity Center #9 as identified in the Interchange Master
Plan Land Use Map:
1. All buildings and projects that are subject to the requirements of
section 5.05.08 of this LDC.
2. Nonresidential land uses abutting any public street except
industrial buildings internal to industrial PUD zoned project, that
are located no less than 200 feet from the public street.
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N. Gateway Triangle Mixed Use Overlay District
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3. Mixed Use Project Approval Process.
a. Owners of property in the Neighborhood Commercial
(BMUD-NC) and Waterfront (BMUD-W) Subdistricts may
petition the Board of County Commissioners for mixed use
project approval. The application for MUP approval shall
acknowledge that the owner shall not seek or request, and
the County shall not thereafter grant or approve, any
additional uses beyond those allowed in the C-1 through
C-3 zoning districts. The application shall be accompanied
by a conceptual site plan demonstrating compliance with
the criteria in section 10.03.05.G.
b. There shall be a public hearing before the Plannina
Commission. leaallv noticed and advertised pursuant to
subsection 10.03.05 G. 1. and posted as provided for in
subsection 10.03.05 G. 3. The Plannina Commission shall
make a recommendation to the Board of Countv
Commissioners based upon the criteria provided in
subsection 10.03.05 G. 8. There shall be a public hearina
before the BCC" legally noticed and advertised pursuant to
section 10.03.05.G. If approved by the BCC, such
approval shall be by resolution.
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SUBSECTION 3.E.
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
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A. Rural Fringe Mixed Use District (RFMU District)
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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
Page 12 of 48
Words slrllel, lMallgn are deleted, words underlined are added
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 subsection 2.03.08 A.1. above, or
as more specifically provided in an applicable PUD.
a. Outside rural villages.
(1) NBMO Exemption. Except as specifically provided
herein NBMO Receiving Lands are only subject to
the provisions of section 2.03.08 9 C.
(2)
Maximum density.
(a) Base density. The base residential
density allowable within RFMU receiving
lands, exclusive of the applicable density
blending provisions set forth in section
2.05.02, is one (1) unit per five (5) gross
acres (0.2 dwelling units per acre) or, for
those legal nonconforming lots or parcels
in existence as of June 22, 1999, one (1)
unit per lot or parcel.
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SUBSECTION 3.F.
AMENDMENTS TO SECTION 2.05.01 DENSITY STANDARDS AND
HOUSING TYPES
Section 2.05.01 Density Standards and Housing Types, of Ordinance 04-41, as
amended, the Collier County Land Development Code, is hereby amended to read as
follows:
2.05.01 Density Standards and Housing Types
A. Where residential uses are allowable, the following density standards and
housing type criteria shall apply.
'"'
Housing " .
Type: .0 . . ~ ~ ]~ Maximum Densit}
i1 ~ .0 ~ ~ '"
Zoning .~ :@ - 0 ~ .s=:t (units per gross acre)
-.'j!, 0 - .!l - ~ - "
District: " .., "'" $.!~ 0"",
"'" "'" . 'is :<s " " ~ .S!
~ ~ . '" " . ~ ~ ~
::! :ll .i! . o . c..,
i;; ,:; U <:J u"" ;::: . .
'" >
GC Two
A ,/ S ,/ -l-B--tleres- 0.2 (J unit oer
5 acres)
E ,j .; 1.'1 1/1 aeres 0.44 (J unit
ner 2.25 acres)
RSF-I ,/ ,/ .; l~
RSF-2 ,/ ,/ .; 2~
RSF-3 ,/ ,/ I 31g;b-
RSF-4 ,f ,f I 41g;b-
RSF-5 ,/ ,/ .; 51g;b-
RSF-6 ,/ ,/ .; 61g;b-
RMF-6 ,/ .; .; .t ,/ .; DRS up te 6-Ig,a,-
~
RMF-12 S .; .; ,; DRS Hfl tB 12~
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RMF-16 .; .; DRB up 'e 16-lg,a,-
Page 13 of 48
Words slrllek threugh are deleted, words underlined are added
RT ~ 2Q
RT ~1. ,/ ,( { 16'aeFll "itkin aaLi", it)
- -
RT ~ ,( ,( ,/ DR8 up Ie 16~
VR 6 J J J DR8 up Ie 7.26 ig,ft--
VR1 ,( J DR8 up Ie 8.71ig,ft--
VR ~ ,( J DRS uJ'l La 14.52 ig,ft--
MH:l9 ./ One V- DR8 up Ie 7.26 ig,ft--
TTRVC One ,/ 12 iaefe-
C-1 lQ One 10
C-2lQ One 10
C-3 lQ One 10
C-4 One
C-5 One
I One
BP One
+I>-eeres
CON il ./ 0.2 (! unit ncr 5 acres)
l'3IleresQigC}J9reS5
0.33 ( I unit ner 3 acres)
Bie: Cvoress
BMUD 12 S .s ..s s I 2 Ioere
GTMUD 12. S .s S S 12
R-1 ./ ,( ,( ,(
R-2 ./ ,( ,( ,(
GZO Per underlying zoning district
VH-RT ,{ ,{ ,/
GGDCCO Per underlying zoning
district
if
RFMUl3 ,f 0,025 () unit oer 40
- ./ l!&I<>.l
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if
RFMUI4 J J J I J J I I 0.2 (I unit OCf 5 acres)
- - - - - - -
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jQ
RFMU" "' ,( ,( "' J .t ,( ,{ ,/ 0.2 ( I unit ner 5 acresl
- - - - .- - - -
-
MJ:jQ ./ 0.2 f1 unit ocr 5 acres)
Legend:
S = permitted subject to supplemental standards
!l.a. - !lrass aSfe
OSF' - aeRsity [aliR!l syslam
1 Recreational yehicles include travel trailers, park models. pickup coaches, and motor homes.
2 In tile MI-I aictrisl, maa~lar homes are allowable.
2 Densltv is calculated as the number of residential dwellina units oer cross acre (see definition
of density. residential). Generallv. in all zoninc districts exceot for A. E and CON. this indicates
the maximum allowable densitv includina anv aoolicable density bonuses oer the densitv
ratina svstem in the crowth manacement olan. Densitv mav be restricted bv the board of countv
commissioners at the time of rezoninc to somethinc less than the maximum. as indicated
oarentheticallv on the official zonina atlas maDs. For examole. "RMF-6(4)" allows all uses and
develooment standards of the RMF-6 zoninc district but densitv is limited to 4 dwellinc units oer
acre.
Page 14 of 48
Words slfllek throllgn are deleted, words underlined are added
3 A maximum of twentv-six (26) units oer acre are allowed for hotels and motels.
d.'1. maxifR~fR af tweRty six (2€i) ~Rils ~er aars for hatels ami metels, amI sillleen (16) units per
acre fer tifReshares aREI m~ltifafRily ~sss wheR locates '"ilhiR aR activity seRter or if the RT zaRing
was in axisteRse at the time af asaptiaR Elf this LOC. F'ar ~r-e~erties lacates a~tside an aoti'Jity
seRtor ar if the RT zaRiR!! was Rat iR existeRce at the lifRe af ada~tiaR af this LOC. seRsity sRall
ea setermined thra~!!h a~~lisatiaR af the density FatiR!! system, ~~ ta a fRallim~m Elf silctaeR (1€i)
uRits ~er asm. The sals~latiaR af density shall ee eases aR tRe laRs area se~Res ey a let(s) of
fE!OOflh
4 For RT zonina located inside Activitv Centers as desianated on the Growth Manaaement
Plan's Future Land Use MaD. residential units lincludina those for timeshares and multifamilv
uses) are allowed at a maximum of sixteen (16) units oer acre. Similarlv for RT zonina not
located within Activitv Centers but in existence at the time of adootion of the LOC (October 30
1991). residential units are allowed at a maximum of sixteen (16) units oer acre.
5 For RT zonina not located within Activitv Centers and not in existence at the time of adootion
of this LOC (October 30. 1991). allowed density is oer the density ratina svstem uo to sixteen
(16) units oer acre. The calculation of density shall be based on the land area defined bva lotls)
of record.
6 Oensitv for sinale-familv and mobile home. with or without clusterina.
7 Oensitv for duolex. with or without clusterina.
8 Oensitv for multi-familv. with or without c1usterina.
9 In the MH district. modular homes are allowable.
10 Prooerties zoned C-1 throuah C-3 mav have associated residential densities in instances of
mixed-use develooment oursuant to the Future Land Use Element of the Growth Manaaement
Plan.
11 The density of 1 dwellina unit oer 3 aross acres onlv aooiies to orivate in-holdinas within
the Bia Cvoress National Preserve that were in existence orior to October 14. 1974.
12 Maximum allowable densitv in the BMUO and GTMUO oyerlavs is attained throuah the
Mixed Use Proiect (MUP) Aooroval Process oursuant to the reaulations in the Overlavs.
13 One unit oer 40 acres is the maximum densitv oermitted in RFMU Sendina Lands (see
section 2.03.08).
14 One unit oer 5 acres is the maximum densitv oermitted in RFMU Neutral Lands (see section
2.03.08).
15 One unit oer acre is the maximum densitv oermitted in RFMU Receivina Lands located
outside of a Rural Villaae with redemotion of Transfer of Develooment Riahts ITDR) credits: 0.2
units oer acre is the maximum densitv oermitted in RFMU Receivino Lands without redemotion of
TOR credits: 3 units oer acre is the maximum densitv oer acre in RFMU Receivina Lands located
within a Rural Villaae with the redemotion of TOR credits (see section 2.03.08).
16 Onlv if Mobile Home Overlav exists.
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SUBSECTION 3.G.
AMENDMENTS TO SECTION 3.03.02 APPLICABILITY
Section 3.03.02 Applicability, of Ordinance 04-41, as amended, the Collier County Land
Development Code, is hereby amended to read as follows:
3.03.02 Applicability
A. New and existing development in the coastal zone shall be in compliance with
the goals, objectives, and policies of the conservation and Coastal Management
Element (CCME) of the Collier County GMP and with this LDC until the formal
adoption by the County of all land development regulations, ordinances,
policies, and programs '/IAicA implement tAB coastal zone Management Plan
1 QQ1 , as adopted by the BCC, and as prescribed by the conservation and
Coastal Management Element of the Collier County GMP.
B. In addition to these coastal zone regulations, all land development activities on
shorelines, and/or undeveloped and developed coastal barriers, shall comply
with the County's environmental land development regulations, including, but
not limited to: section 2.03.07(D)(1), Special Treatment Overlay district (ST);
procedural requirements in Chapter 10; section 3.05.00, Vegetation Removal,
Protection and Preservation; section 3.04.03, sea turtle Protection; section
3.04.00, Endangered, Threatened or Listed Species Protection; Chapter 10,
Coastal Construction setback line variance; and as required by Vehicle on the
Page 15 of 48
Words slrlIel, through are deleted. words underlined are added
beach Regulations in the County Code of Ordinances.
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SUBSECTION 3.H.
AMENDMENTS TO SECTION 3.05.10 LITTORAL SHELF PLANTING
AREA (LSPA)
Section 3.05.10 Littoral Shelf Planting Area, of Ordinance 04-41, as amended, the Collier
County Land Development Code, is hereby amended to read as follows:
3.05.10 Littoral Shelf Planting Area (LSPA)
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A. Design requirements.
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6. Posted area. The boundary of the LSPA shall be posted with
appropriate signage denoting the area as a LSPA. sign(s) should
note that the posted area is a Littoral Shelf Planting Area and
contain specific instructions to ensure that the planted area will not
be subjected to herbicidal treatments or other activities that will kill
the vegetation. The signs shall be no closer than ten feet from
residential property lines; be limited to a maximum height of four
feet and a maximum size of two square feet; and, otherwise
comply with section 5.06.GdOO. A minimum of two signs shall be
provided to mark the extent of the LSPA. Maximum sign spacing
shall be 150 feet.
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SUBSECTION 3.1.
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
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D. Exemptions and exclusions from design standards.
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13. Permanent emeraencv aenerators mav be placed within the rear
vard of anv property supportina a permitted sinale-family
residence. subiect to a 10-foot rear vard setback. and within side
vards subiect to a maximum encroachment into the setback of 36
inches. Generators are not permitted to encroach into reauired
front yards. Above-around fuel tanks for the aenerators are
subiect to the same setbacks: however. underaround tanks are
not subiect to setback reauirements. In order to reduce noise
durina reauired routine exercisina of the aenerators. this
exercisina is restricted to operatina the aenerator for no more than
30 minutes weekly durina the hours of 9:00 am to 5:00 pm and
shall not exceed sound level limits for Manufacturina and
Industrial uses as set forth in Ordinance 90-17, the Noise
Ordinance. as amended. All permanent emeraencv aenerators
must be eauipped with sound attenuatina housina to reduce noise.
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SUBSECTION 3.J.
AMENDMENTS TO SECTION 4.02.03 SPECIFIC STANDARDS FOR
LOCATION OF ACCESSORY BUILDINGS AND STRUCTURES
Page 16 of 48
Words slrllok Ihro"gh are deleted. words underlined are added
Section 4.02.03 Specific Standards for Location of Accessory Buildings and Structures, of
Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby
amended to read as follows:
4.02.03 Specific Standards for Location of Accessory Buildings and Structures
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Table 3. Dimensional Standards for Accessory Buildings and Structures on Non-
Waterfront Lots And Non-Golf Course Lots.
Rear Structure to
Front Side Structure
(If Detached)
1. Parking garage or carport, SPS 10 SPS 1 0 feet
single-family feet
2. One-story parking structures SPS 35 SPS 1 0 feet
and/or carports feet
3. Multistory parking structures SPS 35 SPS 1/1'
feet
Swimming pool and/or screen SPS 10
4. enclosure (one- and two- feet SPS N
family)
5. Swimming pool (multi-family SPS 20 15 feet N
and commercial) feet
6. Tennis courts (private) (one- SPS 15 SPS 1 0 feet
and two-family) feet
7. Tennis courts (multi-family, and SPS 20 15 feet 20 feet
commercial) feet
8. Utility buildings SPS 10 SPS 1 0 feet
feet
9. Chickee, barbecue areas SPS 10 SPS 1 0 feet
feet
10. Attached screen porch SPS 10 SPS N/A
feet
11. Unlisted accessory SPS SPS SPS 10 feet
12. Satellite dish antenna NP 15 SPS 1 0 feet
feet
rr. Permanent emeraencv NP 1Q See Sec. N/A
aenerators feet 4.02.01. D.13
N = None.
N/A = Not applicable.
NP = structure allowed in rear of building only.
SPS = Calculated same as principal structure.
. = 1 footlfoot of accessory height = 1 fooUfoot of building separation.
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Page 17 of 48
Words slfllok throllgh are deleted, words underlined are added
Table 4. Dimensional Standards for Accessory Buildings and Structures on
Waterfront Lots and Golf Course Lots
Setbacks
Structure to
Front Rear Side structure
(If Detached)
1. Parking garage or carport, SPS SPS SPS 10 feet
single-family
2. One-story parking structures SPS SPS SPS 1 0 feet
3. Multistory parking structures SPS SPS SPS 1/1 1
Swimming pool and/or screen SPS 10
4. enclosure (one- and two- feee SPS N
family)
5. Swimming pool (multi-family SPS 20 feet 15 feet N
and commercial)
6. Tennis courts (private) (one- SPS 15 feet SPS 10 feet
and two-family)
7. Tennis courts (multi-family and SPS 35 feet SPS 20 feet
commercial)
8. Boathouses and boat shelters SPS N/A 7.5 feet or 15 1 0 feet
(private) feet
(See section 5.03.06(F))
9 Utility buildings SPS SPS 1 0 feet 10 feet
10. Chickee, barbecue areas SPS 1 0 feet SPS N
11. Davits, hoists and lifts N/A N/A 7.5 feet or 15 SPS
feet
12. Attached screen porch SPS 1 0 feet SPS SPS
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13. Unlisted accessory SPS SPS SPS 1 0 feet
14. Docks, decks and mooring N/A N/A 7.5 feet or 15 N/A
pilings feet
15. Boat slips and ramps (private) N/A N/A 7.5 feet N/A
16. Satellite dish antennas NP 15 feet SPS 1 0 feet
17. Permanent emeraencv NP 1 0 feet See Sec. N/A
aenerators 4.02.01.0.13
N = None.
N/A = Not applicable.
NP = struclure allowed in rear of building only.
SPS = Calculated same as principal slructure.
. = 1 fooUfoot of accessory height = 1 fooUfoot of building separation
1 1/foot of accessory height = 1/foot of building separation.
2 In those cases where the coastal construction control line is involved, the coastal construction control line
will apply.
3 20 feet where swimming pool decks exceed 4 feet in height above top of seawall or top of bank. except
Marco Island and Isles of Capri which may construct to a maximum of seven feet above the seawall with a
maximum of four feet of stem wall exposure. with the rear setback of ten feet.
Page ]8 of 48
Words struel, throllgh are deleted. words underlined are added
4 20 feet where floor or deck of porch exceeds 4 feet in height above top of seawall or top of bank, except
Marco Island and Isles of Capri which may construct to a maximum of seven feet above the seawall with a
maximum of four feet of stem wall exposure, with the rear setback of ten feet.
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SUBSECTION 3.K.
AMENDMENTS TO SECTION 4.06.02 BUFFER REQUIREMENTS
Section 4.06.02 Buffer Requirements, of Ordinance 04-41, as amended, the Collier
County Land Development Code, is hereby amended to read as follows:
4.06.02 Buffer Requirements
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C. Table of buffer yards.
Types of buffers. Within a required buffer strip, the following alternative
shall be used based on the matrix in table 2.4.
1. Alternative A: Ten-foot-wide landscape buffer with trees spaced
no more than 30 feet on center.
2. Alternative B: Fifteen-foot-wide, 80 percent opaque within one
year landscape buffer six feet in height, which may include a
wall, fence, hedge, berm or combination thereof, including trees
spaced no more than 25 feet on center. When planting a hedge, it
shall be a minimum of ten gallon plants five feet in height, three
feet in spread and spaced a maximum four feet on center at
planting.
3. Alternative C: 20-foot-wide, opaque within one year, landscape
buffer with a six-foot wall, fence, hedge, or berm, or combination
thereof and two staggered rows of trees spaced no more than 30
feet on center. Projects located within the Golden Gate
Neighborhood center district shall be exempt from the right-of-
way requirement of a six-foot wall, fence, hedge, berm or
combination thereof. These projects shall provide a meandering
Type D landscape buffer hedge. In addition, a minimum of 50
percent of the 25-foot wide buffer area shall be composed of a
meandering bed of shrubs and ground covers other than grass.
4. Alternative 0: A landscape buffer shall be required adjacent to
any road right-of-way external to the development project and
adjacent to any primary access roads internal to a commercial
development. Said landscape buffer shall be consistent with the
provisions of the Collier County Streetscape Master Plan, which is
incorporated by reference herein. The minimum width of the
perimeter landscape buffer shall vary according to the ultimate
width of the abutting right-oJ-way. Where the ultimate width of
the right-oJ-way is zero to 99 feet, the corresponding landscape
buffer shall measure at least ten feet in width. Where the ultimate
width of the right-oJ-way is 100 or more feet, the corresponding
landscape buffer shall measure at least 15 feet in width.
Developments of 15 acres or more and developments within an
activity center shall provide a perimeter landscape buffer of at
least 20 feet in width regardless of the width of the right-of-way.
Activity center right-oJ-way buffer width requirements shall not be
applicable to roadways internal to the development. (See Fiaure
4.06.02 C.l
Page 19 of 48
Words slrllek Ihreugfl are deleted, words underlined are added
TYPES OF BUFFERS
CODE REQUIRED LANDSCAPE BUFFERS LDC 4.06.02.C.I.-4.
30' O.C.
3
TYPE 'A' BUFFER
#10 SHRUBS, 4' D.C. 60" HIGH AT PLANT'IN6
2!li'O.C.
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TYPE 'B' BUFFER
DOUBLE ROW OF STAGGERED TREES
#10 SHRUBS. 4' O.C. 60~ HIGH AT PLANTING
J
TYPE 'c' BUFFER
30' O.C.
DOUBLE. STAGGERED HEDGEROW. #3 SHRUBS
24- HIGH AT Pl.ANllNt7 & MAINTAINE~ AT36.
TYPE 'D' BUFFER
NOTE:
. FLEXIBILnY IN BUFFER PLANTING IS ENCOURAGED.
TREES & SHRUBS MAY OCCUR ANY WHERE WITHIN BUFFER
AS LONG AS ON CENTER REQUIREMENT IS MET.
. BUFFER MAY MEANDER AS LONG AS
SPECIFIED WIDTH IS MAINTAINED.
OIMEN.
VAlUES
10'.15'.20'
DEPENDING ON
ROW WIDTH
PREPARED BY' OI'FICEOfGRAP~CS.o.NO T[~NIC,,",-SUPPORT
CQI,lMIJNITYDEYEl-CPloI(HTAIlOENW1ONt.lENTAlSER"'CESDIVlSlON
OAT[:J/07f1LE:LANDSCAPEBlIfFERS.OWG
Fiaure 4.06.02 C
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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
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C. Plant Material Standards.
Page 20 of 48
Words struek threllgh are deleted. words underlined are added
1. Quality. Plant materials used to meet the requirements of this
section shall meet the standards for Florida No. 1 or better, as set
out in Grades and Standards for Nursery Plants, part I and part II,
Department of Agricultural, State of Florida (as amended). Root
ball sizes on all transplanted plant materials shall also meet state
standards.
a. N. least 75 persent of the trees and 50 persent of the
shrllBs llsed te flllfill these reql,lirements shall Be nati'/e
SOlltherR Floridian spesies, as determined by assef3ted
valis ssientifis referenGo. For sites that are narth and east
of U.S. HigR'Nay 41, at least 35 f30rsent af tho shrllBs used
ta fulfill IRese requirements shall Be native Floridian
sf3esies, as determines BY assepted valid ssiontifis
referense. "Native Trees ana ShrllBs for Collier COllnty
List" is availaBlo for referense. Far proposes land
se1:elepment projeots on soastal sRerelines and/or
I,lnae'/eloped and aevolaped soastal Barrier islanas, all
reqllired lanasGaping shall Be 100 persent native Southern
Floridian spesies.
a. For sites South and West of US-41 all reauired
landscapina shall be 100% native species as determined
bv accepted valid scientific reference. For sites South and
West of 1-75 and North and East of US-41. a minimum of
75% native trees and 50% Native shrubs are reauired. For
sites North and East of 1-75. a minimum of 75% native
trees and 35% native shrubs are reauired. (Link to
"Recommended Collier County Native Plant list" and
"Native Reauired Plantina Map").
b. In addition, for all sites, at least 75 percent of the trees and
shrubs used to fulfill these requirements shall be drought-
tolerant species as listed in the Xeriscape Plant Guide and
Native Trees and Trees for South Florida (IFAS).
References used in the determination of native species
may include, but not be limited to:
Long, RW.. and O. Lakela. 1976. A Flora of Tropical Florida.
Small. J.K., 1933. A Manual of the Southeastern Flora.
Wunderlin, R.P.. 1982. Guide to the Vascular Plants of Central
Florida.
c. Where xeric plants are to be utilized, use the South Florida
Water Management District, Xeriscape Plant Guide (as
amended) as a reference.
Page 21 of 48
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t
\
Plant Material Cold
Tolerance
and
Native Planting Map
INLAND ZONE
[:J MID ZONE
COASTAL ZONE
PI
,
.-<!- '
,
cagle! County
o 25 5
"'-~-"'...~"'"""-
...._-.~---~-
Fiaure 4.06.05 C
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E. Prohibited Plant Materials.
1. Prohibited species. The following plant species shall not be
planted:
a. All Cateaorv I Invasive Exotics as listed on the Florida
Exotic Pest Plant Council's website: rwww.flepPc.oral This
list is routinelv monitored and updated bv the FLEPPC.
Plus the followina species:
b. Melia azedarach (Chinaberrv tree).
c. Dalberaia sissoo (Indian rosewood).
a. Enleroloei~m eysloGarl'lum (ear tree).
e. Melia azedaFaGI1 (Chinaberry tree).
s. BisGAefia javaniea (eishol'lwood).
d. Ssaevola frutesGens (.I\ustr.alian inkberry).
e. Daleer-gia sissee (Indian reSe'JlOoo).
f. Sal'li~m seeifer",m (Chinese tallow tree).
g. Ardisia e11il'ltiea (shoe bullen ardisia).
h. Fieus misreearl'la/Fis~s nitida (Ia~fel fjg!C~l3an la~rel).
TRis list sRall be sloll3jeet to revision as exolis I'llant sl'lesies are
eletermined to be nOlliolols, invasive, sa~se environmontal degraelation to
native Rabitats, or te be eletrimental tel:l~man hoaltl:l, safety, er the I'llolblis
welfare.
2. Prohibited exotic species. In addition to the prohibitions outlined in section
4.06.05 E. above, the species enumerated in section 3.05.08 or seeds
thereof shall not be grown, offered for sale, or transported inter-county or
intra-county.
Page 22 of 48
Words stAlel, Ihrollgh are deleted, words underlined are added
3. Prohibited exotic plants. All prohibited exotic plants, as defined in this
Chapter as well as Chapter 3, shall be removed during each phase of
construction from development areas, open space areas, and preserve
areas pursuant to this Chapter as well as Chapter 3. Following site
development, a maintenance program shall be implemented to prevent
reinvasion of the site by prohibited exotic species. This plan shall
describe control techniques and inspection intervals, shall be filed with,
and be approved by, the development services director prior to approval
of the improvement plans and final subdivision plat. Flexibility, in the
form of area tradeoffs or mitigation, may be allowed in the determination
of areas within developments to be preserved.
4. Native habitats. developments shall identify, protect, conserve,
incorporate and use native vegetative communities pursuant to Chapter 3
and identify, protect and conserve wildlife habitat.
F. Requirements to remove prohibited plant materials. For these requirements, see
section 3.05.08 of this Code.
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G. Installation and selection requirements for plant materials
1. Prior to the issuance of any certificate of occupancy for a use
required to provide landscaping and irrigation in accordance with
this section, all required landscaping and irrigation shall be installed
and in place as set out in the plans approved under Chapter 10 of
the Code. All plant materials must be installed in accordance with
accepted landscape practices in the area and meet the plant
material standards contained in Section 4.06.05 C. Plant materials
shall be installed in soil conditions that are conducive to the proper
growth of the plant material.
2. Limerock located within planting areas shall be removed and
replaced with native or growing quality soil before planting. A plant's
growth habit shall be considered in advance of conflicts which
might arise (i.e. views, signage, overhead power lines, lighting,
sidewalks, buildings, circulation, etc.). Trees shall not be placed where
they interfere with site drainage, subsurface utilities, or where they shall
require frequent pruning in order to avoid interferences with overhead
power lines and buildings. Large saRopy tr-ees that ar-e planted closer
than Hi' te a building or '....ithiR 10' of a sidewalk, pa'Jed ama or
uReerground utility shall !'lrovide root barrier, structur-al soils or other
acce!'ltable methoe of protcstion extending witlliR 20 feet of such
building, sidewalk, !'laved area or uReergroune IoJtility. Tree and parkiRg
lotl!'lole lighting losatians shall ae designee se as Rat to conflict with one
another. Parking latl!'lele lighting shall Rat ae leGated in laRdscape islands
with trees aRe shalllle lesated a minimum of 12.5 feet from the trunk of a
tr-ee. (See Figur-e X aelo'Io').
a. An approved root barrier svstem shall be installed when the
followina occurs:
I. Larae canopv trees are planted closer than 15' to a
buildina.
ii. Larae canopv trees are planted closer than 10' to a
sidewalk. underaround utilitv or paved area with no curbina
or curbina which extends less than 18" below arade (see
Fiaure 4.06.05 G.A. below).
Page 23 of 48
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-rl
IS" bEE"
"""
l'
10' OR LESS TO aA:l8
I
Ii
10 Oil LEss TO SIOEWALK.
PAVEOAItEAOA:
\.N)~OUNO
"
TR;EES PLANTED WITHIN 10'
OF A PAVED AREA OR
UTIUTY
ROOT BARRIER.
INSTAUEO PER
MANuFACTuRER'S
SP€CIFICA TION
FOR A MININUM
DISTANCE OF
ZOL.F.
~'
//
'--....,
- '"
--------
15' fROM
EDGE OF autlbING
. ", .
\~\---______ TREE
--- I ROOT BARRIER ZONE,
?Q' ~ J. I ALL BUILDING. SIDEWALK, OR
l: . 1'"...., PAVED EDGeS OCCURfUNG
~~ II Wrn-ltN THIS ZONE SHALL
lilE PROTECTED FROM TREE
ROOTS BY THE Pt.ACEMENT
OF A ROOT BA&:tRIER. ROOT
BARlUERS SHAl.L NOT BE
USED TO -BOX-IN" TREE ROOTS.
ROOT
. ", .
. ", "
. . .'
" " .
PLAN
ROOT BARRIER DETAIL NT.S.
REFER TO LDC 4.06.05 G.2.
l'llttAIII!D'Y'Ol'f'U:l!af_I'lC.SANII~~T
~lYllElI&l.4'~'.vlt>~"l.an"""lCfS!)IV1Jl1ON
llA~ICVZDO!lII'W!"'I..........O.H'~
Fiaure 4.06.05 G.A.
b. Tree and parkina lot/pole liahtina locations shall be desianed so
as not to conflict with one another.
i. Parkina lot/pole liahtina shall not be located in landscape
islands with trees.
ii. Parkina lot/pole liahtina shall be located a minimum of 12.5
feet from the trunk of a tree (see Fiaure 4.06.05 G. B.
below).
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COMPATIBlE TREE AND UGHTING DESIGN
Fi€ll,lr-e X
Fiaure 4.06.05 G. B
3. Trees shall not be planted in areas that retain excessive quantities of
water or will require excessive amounts of fill placed over the root system
that will affect the health of the tree species. Required landscaping shall
not be placed within easements without written approval from all entities
claiming an interest under said easement.
4. All trees and palms shall be properly guyed, braced and/or staked, at the
time of planting to ensure establishment of the tree or trees and erect
growth. Nail staking or other methods that cause cosmetic or biological
damage to the tree are prohibited. Trees shall be re-staked within 24
hours in the event of blow-over or other failure of the staking and guying.
Staking shall be removed between six and 12 months after installation.
5. All required landscaping shall be installed in accordance with plans
approved under Chapter 10 of the Code. Landscaping within a
subdivision development shall be guaranteed by a subdivision
completion bond in accordance with Chapter 10 governing the final
platting of subdivision.
6. All required landscaping shall be maintained in a healthy condition in
perpetuity as per the approved building and site plans. Code
Enforcement may investigate deficiencies in approved landscaping and
institute corrective action to insure compliance with this Code.
7. In instances where an act of God or conditions outside the control of the
applicant have prevented immediate installation, the County Manager or
his designee, if furnished with a statement which includes good and
sufficient evidence that states that the required plantings will be installed
when conditions permit, may issue a temporary certificate of occupancy.
If the required plantings are not installed when conditions permit, then the
county may revoke the certificate of occupancy.
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I. Treatment of Slopes: The following landscape and engineering standards shall
apply to all landscape areas except for Golf Courses. See: Slope Chart
4.06.05.1. and Slope Cross Sections 4.06.05.1.
Slope Chart 4.06.05.1.
Slope Ratio Slope Treatment. See a. below.
No Steeper Than 4: 1 Grass. See Figure 3 below.
(4 horizontal to 1 Trees, Ground Covers, Ornamental Grasses, and
vertical) Shrubs.
No Steeper Than 3: 1 Trees, Ground Covers, Ornamental Grasses, and
Shrubs. See FiQure 2 below.
(3 horizontal to 1 . Requires 50% surface coverage at time of
vertical) installation and 80% coverage within 1 year and
avoid soil erosion.
. Toe of slope shall be set back a minimum of 2
feet from sidewalks and paved surfaces.
No Steeper Than 2: 1 Rip-rap or other forms of erosion and scour
protection. See FiQure 1 below.
(2 horizontal to 1 . Permitted only in concentrated, rapid flow water
vertical) management areas or sloped areas less than 200
souare feet with a maximum heioht of 30 inches.
. Slopes shall be stabilized with geo-textile fabric
and be planted with ground covers or vines to
Iprovide 80% coveraqe within 1 vear.
No Steeper Than 1: 1 Permanent slope stabilization systems are required
on all slopes steeper than 2:1 and no steeper than
1:1.
(1 horizontal to 1 . Stabilization systems shall require engineered
vertical) plans signed and sealed by a Professional
Engineer, Architect, or Landscape Architect
reqistered in the state of Florida.
. Stabilization systems if visible from any road,
access, or residence shall be set back from property
line a minimum of 2 feet and be landscaped to
provide 80% opacity within 1 year. In addition when
a system is located within a landscape buffer all
buffer plantings shall be located on the high or
elevated side in a minimum 5 foot wide planting
area with a slope no greater than 10: 1.
. Stabilization systems shall not exceed 3 feet in
height and shall not be located on lake banks or in
lake maintenance easements.
. Set back requirements from sidewalks or paved
surfaces shall be a minimum of 2 feet.
Steeper Than 1: 1 Vertical Retaining Walls. See b, c, and d. below.
See Also Alternative A & B beiow.
. Walls over 30 inches in height shall require
engineered plans signed and sealed by a
Professional Engineer, Architect. or Landscape
Architect reQistered in the state of Florida.
. Wall shall be architecturally finished or provide a
natural appearance. See e. below.
. Walls if visible from any road. access. or
residence shall be set back from property line a
minimum of 2 feet and be landscaped to provide
80% opacity within 1 year. In addition when a wall
is located within a landscape buffer all buffer
plantings shall be located on the high or elevated
side of the wall in a minimum 5 foot wide planting
area with a slope no Qreater than 10: 1.
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SUBSECTION 3.M.
AMENDMENTS TO SECTION 5.05.08 ARCHITECTURAL AND SITE
DESIGN STANDARDS
Section 5.05.08 Architectural and Site Design Standards, of Ordinance 04-41, as
amended, the Collier County Land Development Code, is hereby amended to read as
follows:
5.05.08 Architectural and Site Design Standards
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B. Applicabi/ity. The provisions of section 5.05.08 apply:
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3. To all renovations and redevelopment, including applicable
additions of a building or site, as follows, except that "renovation"
is not intended to apply to routine repairs and maintenance of an
existing building:
a. Any addition or renovation of an existing building or project
including vehicular use area (i.e. - approved for use and
occupancy as of November 10, 2004) that will result in a
change to the exterior of the building or site such that in
the case of:
i. A building facade renovation where such addition,
renovation, or redevelopment exceeds 50 percent
of the wall area of an existing facade, that entire
facade must comply with the standards of Section
5.05.08.
ii. An addition or renovation to, or redevelopment of,
an existing building or project, where the cost of
such addition, renovation, or redevelopment
exceeds 50 percent of the assessed value of the
existing structure(s), or would exceed 25 percent of
the square footage of the gross area of the existing
structures, the existing building(s) and the site
improvements must conform with the standards of
Section 5.05.08.
iii. Upon repainting an existing building, the colors to
be applied must comply with Section 5.05.08 {)
C.13. Materials and colors.
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SUBSECTION 3.N.
AMENDMENTS TO SECTION 5.06.02 PERMITTED SIGNS
Section 5.06.02 Permitted Signs, of Ordinance 04-41, as amended, the Collier County
Land Development Code, is hereby amended to read as follows:
5.06.02 Permitted Signs
A. Signs within residential zoned districts and as applicable to residential
designated portions of PUD zoned properties.
1. Development standards.
a. Maximum allowable height. All signs within residential zoned
districts and as applicable to residential designated portions of
PUD zoned properties are limited to a maximum height of eight
feet, or as provided within this Code. Height shall be measured
from the lowest centerline grade of the nearest public or private
R.O.W. or easement to the uppermost portion of the sign
structure.
b. Minimum setback. All signs within residential zoned districts and
as applicable to residentially designated portions of PUD zoned
properties shall not be located closer than ten feet from the
property line, unless otherwise noted below or as provided for in
Page 27 of 48
Words slFUel, lhro~gh are deleted. words underlined are added
section 1.04.04 G f!. as detemnined by the county for safety and
operation.
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SUBSECTION 3.0.
AMENDMENTS TO SECTION 5.06.04 SIGN STANDARDS FOR
SPECIFIC SITUATIONS
Section 5.06.04 Sign Standards for Specific Situations, of Ordinance 04-41, as amended,
the Collier County Land Development Code, is hereby amended to read as follows:
5.06.04 Sign Standards for Specific Situations
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C. On-premise signs. On-premise pOle signs, ground signs, projecting
signs, wall signs, and mansard signs shall be allowed in all
nonresidentially zoned districts subject to the restrictions below
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3. Directory Signs. Multiple-occupancy parcels such as
shopping centers, office complexes, business parks, or industrial
parks containing 25,000 square feet or more of gross leasable
floor area, and eight or more independent businesses will be
permitted one directory sign for a single entrance on each public
street. When a directory sign is proposed then pole or ground
signs shall be limited to the name and logo of the complex and
shall not contain name of any tenant. The directory sign shall
contain a minimum of four and a maximum of eight tenant names.
The name of businesses located on outparcels shall not appear
of directory signs.
a. The maximum height for directory signs is limited to 20
feet. Height shall be measured from the lowest centerline
grade of the nearest public or private R.O.W. or easement
to the uppermost portion of the sign structure.
b. Directory signs shall not be closer than 15 feet from the
property line, unless otherwise noted below or as provided
for in section 1.04.04 G-B.
c. Maximum allowable sign area: 150 square feet for
Directory signs.
d. A minimum 100 square foot planting area shall be provided
around the base of any Directory sign, consistent with the
provisions of this section of this Code, development of
landscaping shall be approved by the County consistent
with Section 4.06.03 A. of the LDC.
e. The location of all permanent directory signs shall be
shown on the landscape plans as required by section
4.0605.
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14. On-premise signs within agricultural districts in the rural
agricultural area designated on the future land use map of the
growth management plan. On-premises signs shall be permitted
within agriculturally zoned or used property, for agri-commercial
uses defined within the Collier County zoning ordinance only, and
subject to the following restrictions:
a. One pole or ground sign identifying the farm organization,
located at the entrance or gate of each street frontage,
and only for permitted agricultural uses. The maximum
allowable sign area for each pole or ground sign shall not
exceed 100 square feet with a maximum height of 20 feet,
Page 28 of 48
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and shall be located a minimum of 15 feet from any
property lines, public or private right-of-way or easement.
i. On premise signs within agricultural zoned districts
in the urban area shall comply with the
requirements of section 5.06.04 -A-. of the
Land de\'elepment Development Code.
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SUBSECTION 3.P. AMENDMENTS TO SECTION 6.05.01 STORMWATER MANAGEMENT
SYSTEM REQUIREMENTS
Section 6.05.01 Stormwater System Management Requirements, of Ordinance 04-41, as
amended, the Collier County Land Development Code, is hereby amended to read as
follows:
6.05.01 Stormwater Management System Requirements
A complete stormwater management system shall be provided for all areas within
the subdivision or development, including lots, streets, and alleys.
A. The system design shall meet the applicable provisions of the current
County codes and ordinances, SFWMD rules and regulations pursuant to
Florida Statutes, and the Florida Administrative Code, and any other
affected state and federal agencies' rules and regulations in effect at the
time of preliminary subdivision plat submission.
B. Where stormwater runoff from outside the subdivision or development
historically passes on, over, or through areas of the subdivision or
development, such runoff shall be included in the stormwater system
design. The system shall be designed for long life, low cost maintenance
by normal methods and provide for optimal on-site detention of
stormwater runoff and groundwater recharge in accordance with
applicable County and SFWMD regulations.
C. Any structure with an outside wall which is closer than ten (10) feet from
a side property line shall install properly sized (minimum twenty-four (24)-
square inch cross-section) gutters and downspouts to direct stormwater
away from neighboring properties and toward front and/or rear swales or
retention/detention areas.
D. In-ground percolation type retention systems such as rock trenches,
exfiltration trenches or beds, infiltrator type systems, gallery type systems,
etc., shall not be used to achieve water quality retention for residential
subdivisions. Rear yard open retention systems shall likewise not be
designed to achieve water quality retention on projects submitted after
January 1, 2002. All retention systems for projects designed after January
1, 2002, shall be on common property owned and maintained by a
homeowners' association or similar entity.
E. Any canal which forms a part of the publiC water management system
shall be dedicated for care and maintenance per the requirements of the
governmental agency which has jurisdiction. Canals located entirely
within the subdivision and which do not form a part of the public water
management system shall be dedicated to the public, without the
responsibility for maintenance, as a drainage easement. A maintenance
easement, of a size acceptable to the County Manager or designee or
other governmental agency with maintenance responsibility, shall be
provided adjacent to the established drainage easement, or the drainage
easement created must be of a size suitable for the proposed canal and
its maintenance.
F. Storm water Retention / Detention Desian for Sina/e-Familv Dwellina
Units. Two-Familv Dwellina Units and DUD/exes.
1. Aoolicabilitv. Anv application for a buildina permit to allow the
develoDment or redevelopment of a sinale-familv or two-familv
dwellina or dUDlex submitted after Julv 1. 2008. except for the
followina conditions:
Page 29 of 48
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a. Anv application within the boundaries of development
proiects that have: (1) been permitted bv the South Florida
Water Manaaement District for Surface Water Manaaement or
Environmental Resource Protection and (2) have a central
surface water manaaement collection. storaae. treatment and
discharae svstem;
b. a one-time addition is allowed for certain sized homes. as set
forth below: or
c. an application accompanied bv a stormwater manaaement
plan. sianed and sealed bv a reaistered Florida Professional
Enaineer.
Table 6.05.01 F.
Lot size Lot Coveraae Impervious Area Coveraae
under 11.000 sa. ft. 25% 40%
11 ,000 sa. ft. to 52.999 sa. ft, 2.750 sa. ft. 4.400 sa. ft
+ 5% of area in excess of + 5% of area in excess of
and 100 ft. or areater in width 11.000 sa. ft. 11.000 sa. ft,
11 ,000 sa. ft. to 52.999 sa. ft, 2.750 sa. ft. 4.400 sa. ft.
and less than 100 ft in width. + 2% of area in excess of + 2% of area in excess of
11.000 sa. ft. 11.000 sa. ft,
4,850 sa. ft. 6.500 sa. ft.
53.000 sa, ft. a nd over + 3% of area in excess of + 2% of area in excess of
53.000 sa. ft. 53.000 sa. ft.
2. The maximum allowable ratio of lot coveraae and impervious
area coveraae to the total lot area shall be as provided for in table
6.05.01 F. unless accompanied bv an enaineer's analvsis as
specified below.
a. The site drainaae analvsis shall include water aualitv
calculations to SFWMD standards and water auantity
calculations done to accommodate the runoff. from area in
excess of the above ratio, from a 5 year 1 dav storm and
shall include a percolation test done bv a aualified
enaineer or technician. If the site will use a
drainfield/septic tank for sewaae treatment/disposal. the
wet season water table calculations for drainaae must
match that used for the drainfield desian.
lL The application site plan shall list all reauired separation
distances between wells. drainfield svstems. and
stormwater retention/detention areas. The calculations
mav be done on the site plan or mav be in a separate
Enaineer's report. but must be sianed and sealed bv the
Enaineer,
~ The water surface area of swimmina pools and ponds is
not considered as impervious area for the purposes of the
calculations in Table 6.05.01 F.
3. A one-time addition to an existina residence will be allowed after
Julv 1. 2008. The addition will be limited to 3 percent of the lot
area UP to a maximum of 1000 sa. ft. as lona as that one-time
addition does not exceed the area in Table 6.05.01 F. bv more
than 3 percent of the lot area or more than 1.000 sa. ft.
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SUBSECTION 3.Q.
AMENDMENTS TO SECTION 6.05.02 SEAWALLS AND BULKHEADS
Section 6.05.02 Seawalls and Bulkheads, of Ordinance 04-41, as amended, the Collier
County Land Development Code, is hereby amended to read as follows:
6.05.02 Seawalls and Bulkheads
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D. Best Manaaement Practice IBMPI for sinale familv residential lots
emplovina seawall(sl.
Coastal canal residential lots bounded bv seawall(sl shall provide an
infiltration trench adiacent to and alona the entire lenath of the seawall
servina the lot perimeter. Infiltration trenches shall be excavated to a
width and depth of 2 to 3 feel. lined and secured with a class "C" aeo-
textile filter fabric. or better. and backfilled with clean % - 1 inch stone.
Other aaencv permittina reauirements notwithstandina. infiltration
trench characteristics shall be suitable for pretreatment of drainaae areas
of five (51 acres or less. The infiltration trench shall be directlv behind and
centered on the 2" weep hole shown on the "Sample Concrete Seawall"
detail of the Technical Specifications section of Countv Ordinance 85-02.
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SUBSECTION 3.R.
AMENDMENTS TO SECTION 10.02.02 SUBMITTAL REQUIREMENTS
FOR ALL APPLICATIONS
Section 10.02.02 Submittal Requirements for All Applications, of Ordinance 04-41, as
amended, the Collier County Land Development Code, is hereby amended to read as
follows:
10.02.02 Submittal Requirements for All Applications
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B. Subdivision exemptions. Before any property or development proposed
to be exempted from the terms of this section may be considered for
exemption, a written request for exemption shall be submitted to the
County Manager or his designee. After a determination of completeness,
the County Manager or his designee shall approve, approve with
conditions or disapprove the request for exemption based on the terms of
the applicable exemptions. To the extent indicated, the following shall be
exempt from the applicability of this section.
1. Active agricultural uses. Agriculturally related development as
identified in the permitted and accessory uses allowed in the
rural agricultural district A and located within any area designated
as agricultural on the future land use map of the Collier County
growth management plan and the Collier County official zoning
atlas, except single-family dwellings and farm labor housing
subject to sections 2.04.00 and 5.05.03, shall be exempt from the
requirements and procedures for preliminary subdivision plats
and improvements plans; provided, however, nothing contained
herein shall exempt such active agricultural uses from the
requirements and procedures for final subdivision plats, and
where required subdivision improvements are contemplated, the
posting of subdivision performance security.
2. Minor subdivisions for single-fami/y detached and duplex
residential development. A minor subdivision, as defined in
artisle 6 section 1.08.02, for single-family detached and duplex
residential development shall be exempt from the requirements
and procedures for preliminary subdivision plats; provided,
however, nothing contained herein shall exempt such minor
subdivision from the requirements and procedures for
improvement plans and final subdivision plats, and where
required subdivision improvements are contemplated, the
posting of subdivision performance security. No building permits
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shall be issued prior to recordation of the final subdivision plat.
3. Minor subdivisions for multifami/y residential and nonresidential
development. A minor subdivision, as defined in article €i section
1.08.02, for multiple-family residential development and all
nonresidential development shall be exempt from the
requirements and procedures for preliminary subdivision plats
and improvement plans; provided, however, nothing contained
herein shall exempt such minor subdivision from the
requirements and procedures for design requirements for access
under the Collier County Construction Standards Manual, water
management plans under the Collier County Construction
Standards Manual, final subdivision plats under sections
10.02.04 and 10.02.05, and site development plans under
section 10.02.03, and where required subdivision improvements
are contemplated, the posting of subdivision performance
security. No building permits shall be issued prior to recordation
of the final subdivision plat.
4. Integrated phased developments. An integrated phased
development, as defined in section 1.08.90 1.08.02 and which
has been previously approved in accordance with section
10.02.04 A.5., shall be exempt from the requirements, standards
and procedures for preliminary subdivision plats (section
10.02.04) and improvement plans (section 10.02.05 E.); provided,
however, nothing contained herein shall exempt such integrated
phased development from the requirements and procedures for
design requirements for access according to the Collier County
Construction Standards Manual, water management plans
according to the Collier County Construction Standards Manual,
final subdivision plats and subdivision performance security
under sections 10.02.04 and 10.02.05, and major site
development plans under section 10.02.03. No building permits
shall be issued prior to recordation of the final subdivision plat.
These provisions shall not require that the interior access within
an integrated phased development be different from the
conditions in section 10.02.03 applicable to site development
plans.
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SUBSECTION 3.S.
AMENDMENTS TO SECTION 10.02.03 SUBMITTAL REQUIREMENTS
FOR SITE DEVELOPMENT PLANS
Section 10.02.03 Submittal Requirements for Site Development Plans, of Ordinance 04-
41, as amended, the Collier County Land Development Code, is hereby amended to read
as follows:
10.02.03 Submittal Requirements for Site Development Plans
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B. Final Site development plan procedure and requirements
A pre-application meeting shall be conducted by the County
Manager or his designee, or hislher designee, prior to the submission of
any site development or site improvement plan for review. This meeting
may be waived by the County Manager or his designee upon the request
of the applicant
1. Site development plan submittal packet: The site development
submittal packet shall include the following, if applicable:
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d. Vegetation inventory: A generalized vegetation inventory of
the property shall be required to the extent necessary, as
determined at the pre-application meeting, indicating the
approximate location, densities and species of the
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following:
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iii. Projects containing the following shall provide a
survey of identifying species and locations on a
current aerial photograph at a scale of one inch
equals 200 feet or larger or superimposed on the
site plan:
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(c) State or federal rare, threatened or
endangered plant species surveyed
according to accepted Florida GamEl aAd
Fros~water Fish Commission Florida Fish
and Wildlife Conservation Commission or
U.S. Fish and Wildlife Service methods.
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SUBSECTION 3.T.
AMENDMENTS TO SECTION 10.02.04 SUBMITTAL REQUIREMENTS
FOR PLATS
Section 10.02.04 Submittal Requirements for Plats, of Ordinance 04-41, as amended, the
Collier County Land Development Code, is hereby amended to read as follows:
10.02.04 Submittal Requirements for plats
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B. Final plat requirements
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3. General requirements for final subdivision plats
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b. The final subdivision plat shall conform to the approved
preliminary subdivision plat, if the applicant chose to submit a
preliminary subdivision plat, pursuant to section 10.02.05 A.5..
The final subdivision plat shall constitute only that portion of the
approved preliminary subdivision plat, if applicable, which the
applicant proposes to construct within a finite period not to
exceed 18 months. The improvements required by this section
which apply to the final subdivision plat shall be completed
within 18months from the date of approval of the final plat bv the
board of countv commissioners unless prior to the 18-month
construction period, a written request for an extension in time
not exceeding one year is applied for and approved by the
development services administrator or his designee. The
applicant shall enter into a construction and maintenance
agreement with the county, in a form acceptable to the county
attorney, which establishes the terms and conditions for the
construction and maintenance of the improvements required
during the 18-month construction period (unless a written
extension request is approved by the County Manager or his
designee prior to the expiration of the 18-month construction
period), whet~er the final plat is appro'Jed oAly or approved and
resoraea wil~ tho /losting of a subdi'/ision /lerformanse sesurity.
This agreement shall be submitted with the final plat for review
and approval and executed by all parties at the time of final plat
approval per section c. below.
c. At tile tiFRe of subFRission ef tRe final subai'/isioA plat, tile
a/l/llisaAt st-1all submit a stateFROAt inaisating whelAer tho
r-eEfUiFed iFRprovements ar-e 10 Be sOAstruGtea prior to the
rosording of tAO final sUBdivisioA /llat or after resoraiAg uAaer
subelivision perfermanse sesurity postoa '/lith the seunty as
proviaeel fer in this sestion. '.^.!t-1en tAe rOEfuiroa improvements
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Words struck Ihrough are deleted, words underlined are added
are to ee eOR'lplotee/ after reoore/in!! ~nder !!~amntees as
proviEleEl in this se61ion, Once approved bv the board. the
applicant shall submit the final plat for recordina within 18
months. The final subdivision plat upon submittal shall be
accompanied by the following:
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SUBSECTION 3.U.
FOR
AMENDMENTS TO SECTION 10.02.05 SUBMITTAL REQUIREMENTS
IMPROVEMENT PLANS
Section 10.02.05 Submittal Requirements for Improvement Plans, of Ordinance 04-41, as
amended, the Collier County Land Development Code, is hereby amended to read as
follows:
10.02.05 Submittal Requirements for Improvement Plans
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A. Procedures for improvement plans and final subdivision plats
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2. Review, determination and recommendation by County Manager
or his designee. After receipt of completed improvement plans
and final subdivision plat, the County Manager or his designee
shall review and evaluate the improvement plans in light of section
10.02.05 E., including the general requirements established in
section 10.02.05 E.1., the improvement plans submission
requirements established in section 10.02.05 B.2., the required
improvements established in section 10.02.05 E.3., afl€I the
design requirements established in section 10.02.05 EA., the time
limitations pursuant to section 10.02.03 B.4.a. and shall review
and evaluate the final subdivision plat in light of the final
subdivision plat requirements established in section 10.02.04
B.3. Based on the review and evaluation, the County Manager or
his designee shall approve, approve with conditions, or deny the
improvement plans. If the improvement plans are denied, then the
final subdivision plat shall not be submitted to the board of
county commissioners unless and until the improvement plans
have been approved or approved with conditions by the County
Manager or his designee. If the improvement plans are approved
or approved with conditions, the County Manager or his designee
shall recommend that the board of county commissioners consent
to, consent with conditions or deny the final subdivision plat.
The determinations regarding the improvement plans and the
recommendation regarding the final subdivision plat shall be in
writing. If the County Manager or his designee denies or places
conditions on the improvement plans or recommends denial or
conditions on the final subdivision plat, he shall state reasons
for such denial or conditions, or recommendation of denial or
conditions and shall cite the applicable code or regulatory basis
for the conditions of denial.
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B. Construction of required improvements
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11. Expiration. /\11 reqlJireEl iR'lpra'/eR'lents asseeiateEl with tho
eonstr~61ion ane/ R'laintenanoe a!!resR'lsnt shall be eOR'lpleteEl
within 1!l R'lonths frsR'l the Elale of reeorElin!! sf the final s~edi\'ision
plat, or, if eORslr~61ion of reEllJirsEl iR'lprOYSR'lSRts is ~nElertal(en
prior to reeorElin!! the fiRal s~edivision plat, within 1!l R'lonths froR'l
the Elata of appro'/al ef the final suee/i'/ision plat ey the beard of
county sOR'lR'lissionerG. If improvements are not completed within
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the prescribed time period as specified in section 10.02.04 B.3.b,
and a subdivision performance security has been submitted, the
engineering review director may recommend to the board that it
draw upon the subdivision performance security or otherwise
cause the subdivision performance security to be used to
complete the construction, repair, and maintenance of the
required improvements. All of the required improvements shall
receive final acceptance by the board of county commissioners
within 36 months from the date of the original board approval. The
developer may request a one-time, one-year extension to receive
final acceptance of the improvements.
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E. Improvement Plan Requirements.
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2. Improvement plans submission requirements.
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s. Subdivision Construction Plans and Plats IPPLs)
once submitted for review. will remain under review
so lona as a resubmittal in response to a countv
reviewer's comments is received within 270 davs of
the date on which the comments were sent to the
applicant. If a response is not received within this
time. the application for PPL review will be
considered withdrawn and cancelled. Further
review of the proiect will reauire a new application
toaether with appropriate fees.
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4. Design requirements for Water Management.
a. Plans and specifications. As a precondition for approval of
improvement plans, the developer shall deliver to the
County Manager or his designee complete plans and
specifications in report form prepared by a registered
professional engineer licensed to practice in the State of
Florida, which shall include, but may not be limited to, the
following:
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x. Construction plans for all subdivisions. site
development plans, site development plan
amendments and site improvement plans shall
include a aeneral note statina that all off-site
drainaae improvements associated with the current
phase of development. includina perimeter berms.
swales. stormwater outfall systems and on-site
perimeter swales shall be completed and
operational prior to commencement of construction
of on-site improvement.
a) This reauirement shall be established at the
mandatorv pre-construction conference.
Failure to complv with completion of the
reauired off site improvements will result in
a stop work order beina issued until such
time as the proiect is brouaht into
compliance with this reauirement.
b. The engineer of record prior to final acceptance, shall
provide documentation from the stormwater maintenance
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entity that it has been provided information on how the
stormwater system works and their responsibility to
maintain the system.
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SUBSECTION 3.V.
AMENDMENTS TO SECTION 10.02.06 SUBMITTAL REQUIREMENTS
FOR PERMITS
Section 10.02.06 Submittal Requirements for Permits, of Ordinance 04-41, as amended,
the Collier County Land Development Code, is hereby amended to read as follows:
10.02.06 Submittal Requirements for Permits
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E. Enforcement and penalties.
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3. Corrective measures for environmental violations.
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e. Monitoring and replanting.
i. A monitoring program shall be required that would
determine the survivability by species of the plants used in
the mitigation effort. A minimum of five two reports will be
submitted. Reports shall be due at one-year intervals.
ii. An Eeighty percent survival by species shall be required
for a five two-year period unless other arrangements are
specified and agreed upon in the mitigation plan.
Replanting shall be required each year if the mortality
exceeds 20 percent of the total number of each species in
the mitigation plan. Should the Countv Manaaer or
desianee determine the need for an extended monitorina
schedule. monitorina mav continue until at least an eiahtv
percent survival of reauired plantina(s) has been attained.
iii. The soil and hydrological conditions for some mitigation
areas may favor some of the plants and preclude others.
Should the county andlor consultant find that over time,
some of the species planted simply don't adjust, the
mitigation plan shall be reevaluated by both the consultant
and the county, and a revised plan will be instituted. This
condition shall not apply to all mitigation areas and each
case will be evaluated individually, based on the supported
[supporting] data submitted by the mitigator.
iv. Should there be a chanae in ownership of the propertv
identified in the approved mitiaation plan. the seller will be
responsible for notifvina the buver of the mitiaation plan
and anv reauirements pursuant to the plan.
f. Donation of land or funds. The donation of land and/or funds to a
public agency may be made if none of the above are viable
alternatives. This donation of land and/or funds shall be equal to
or greater than the total sum it would cost to mitigate for the
violation according to section 10.02.06E.3.a. including consulting
fees for design, and monitoring, installation costs, vegetation
costs, earth moving costs, irrigation costs, replanting and exotic
removal.
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SUBSECTION 3.W. AMENDMENTS TO SECTION 10.03.05 NOTICE
REQUIREMENTS FOR PUBLIC HEARINGS BEFORE THE BCC,
THE PLANNING COMMISSION, THE BOARD OF ZONING
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APPEALS, THE EAC, AND THE HISTORIC PRESERVATION
BOARD
Section 10.03.05 Notice Requirements for Public Hearings Before the BCC, the Planning
Commission, the Board of Zoning Appeals, The EAC, and the Historic Preservation
Board of Ordinance 04-41, as amended, the Collier County Land Development Code, is
hereby amended to read as follows:
10.03.05 Notice Requirements for Public Hearings Before the BCC, the
Planning Commission, the Board of Zoning Appeals, :J:!he EAC, and
the Historic Preservation Board
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B. Notice and public hearing where proposed amendment would change
zoning classification of land and for conditional uses and variances, for
planned unit development (PUD) rezoning extensions and for small-scale
or other site-saecific comarehensive alan amendments. In the case of g
small-scale or other site-specific comprehensive plan amendment. an
application for extension of PUD zoning status or the rezoning of land, to
include rezonings, conditional uses and variances initiated by other than
the board of county commissioners or amendments to planned unit
developments, such provisions shall be enacted or amended pursuant to
the following public notice and hearing requirements by the planning
commission and the board of county commissioners as applicable. Small-
scale or other site-specific comprehensive plan amendments. PUD
extensions, rezoning, conditional use and variance petitions initiated by
the board of county commissioners or its agencies for county owned land
shall be subject to these provisions.
1. Applications for a PUD extension, whether initiated by the
applicant or the BCC, shall only be heard by the BCC pursuant
to the notice and advertising requirements set forth in sections
10.03.05 B.81Q. and 9 11. of this Code.
2. In the case of PUD extensions pursuant to sections 10.02.13 G
D.4., 10.02.13 G D.5.a. and 10.02.13 G Q.6. of this Code, a sign
shall be posted at least 15 days prior to the date of the hearing
before the BCC and shall conform to the applicable sign
requirements listed in sullsestioAs d.s., d.d., 4 aAd a below.
a. The sian advisina of the PUD extension hearina shall be in
substantiallv the followina format:
PUBLIC HEARING FOR A PLANNED UNIT
DEVELOPMENT (PUDl EXTENSION
TO PERMIT: (set forth alternatives
aoina to the BCCl
DATE:
TIME:
b. THE ABOVE TO BE HELD IN COMMISSIONERS
MEETING ROOM. COLLIER COUNTY GOVERNMENT
CENTER. HARMON TURNER BUILDING. 3301 E.
TAMIAMI TRAIL. NAPLES. FLORIDA. 34112.
3. In the case of small-scale or other site-specific comprehensive
plan amendments. a sian must be posted at least 15 davs prior
to the date of both transmittal and adoption hearinas. as
applicable. before the plannina commission.
a. The sian advisina of the comprehensive plan amendment
hearina shall be in substantiallv the followina format:
PUBLIC HEARING FOR SMALL-SCALE OR
SITE-SPECIFIC AMENDMENT TO
COMPREHENSIVE PLAN
TO PERMIT: (sufficientlv clear to describe
amendmentl
OTHER
THE
the
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DATE:
TIME:
b. THE ABOVE TO BE HELD IN COMMISSIONERS
MEETING ROOM. COLLIER COUNTY GOVERNMENT
CENTER. HARMON TURNER BUILDING. 3301 E.
TAMIAMI TRAIL. NAPLES. FLORIDA. 34112.
30 4. For all other petitions noted in paraaraph B above. a A sign shall
be posted at least 15 days prior to the date of the public hearing
by the planning commission. The sign to be posted shall contain
substantially the following language and the sign's copy shall
utilize the total area of the sign:
a. PUBLIC HEARING TO REZONE THIS PROPERTY:
FROM TO
TO PERMIT:
DATE:
TIME:
(or where applicable the following:)
b. PUBLIC HEARING REQUESTING CONDITIONAL USE
(VARIANCE) APPROVAL
(both to contain the following information:)
TO PERMIT: (Sufficiently clear to describe the project)
DATE:
TIME:
c. ne SigA aEl'lising Elf the PUD elltensiEln hearing shall Be in
sUBstantially tRe follElwing format:
PUBLIC HE/\RING FOR /\ PLANNED UNIT
DEVELOPMENT (PUD) EXTENSION
TO PERMIT: (set foFth allernati'les
going to tho BCC)
DI'.TE:
TIME:
ALL OF THE /\80VE TO 8E HELD IN COMMISSIONERS
MEETING ROOM, COLLIER COUNTY GOVERNMENT
CENTER, HARMON TURNER BUILDING, 3391 E.
TAMI/'.MI TR/\IL, NAPLES, FLORID/\, 34112.
~ ALL OF THE ABOVE TO BE HELD IN COMMISSIONERS
MEETING ROOM. COLLIER COUNTY GOVERNMENT
CENTER. HARMON TURNER BUILDING, 3301 E.
TAMIAMI TRAIL. NAPLES. FLORIDA. 34112.
EI Q. For all petitions. the +Re area of the signs shall be as follows:
t.-a. For properties less than one acre in size, the sign shall measure
at least one and one-half square feet in area.
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it.-b. For properties one acre or more in size, the sign shall measure at
least 32 square feet in area.
+. 6. For all petitions. in Iff the case of signs located on properties less than
one acre in size, a sign shall be erected by the County Manager or his
designee in full view of the public on each street side of the subject
property. Where the property for which approval is sought is landlocked or
for some other reason the signs cannot be posted directly on the subject
property, then the sign or signs shall be erected along the nearest street
right-of-way, with an attached notation indicating generally the distance
and direction to the subject property.
~ 7. For all petitions. in Iff the case of signs located on properties one acre or
more in size, the applicant shall be responsible for erecting the required
sign(s). A sign shall be erected in full view of the public on each street
upon which the subject property has frontage. Where the subject
property is landlocked, or for some other reason the signs cannot be
posted directly on the property, then the sign or signs shall be erected
along the nearest street right-of-way, with an attached notation
indicating generally the distance and direction to the subject property.
There shall be at least one sign on each external boundary which fronts
upon a street, however, in the case of external boundaries along a street
with greater frontages than 1,320 linear feet, signs shall be placed
equidistant from one another with a maximum spacing of 1,000 linear
feet, except that in no case shall the number of signs along an exterior
boundary fronting on a street exceed four signs. The applicant shall
provide evidence to the county manager or designee that the sign(s)
were erected by furnishing photographs of the sign(s) showing the date
of their erection at least ten days prior to the scheduled public hearing by
the planning commission, whichever has jurisdiction. The signs shall
remain in place until the date of either of the following occurrences: 1.
Final action is taken by the board of county commissioners or 2. The
receipt of written notification by the county manager or designee from the
applicant requesting to withdraw the petition or requesting its indefinite
continuance.
e,. ~. For all petitions except for small-scale or other site-specific amendments
to the comprehensive plan. the +he planning commission shall hold one
advertised public hearing. Notice of the time and place of the public
hearing by the planning commission shall be sent at least 15 days in
advance of the hearing by mail to the owner of the subject property or his
designated agent or attorney, if any.
+-, 9. For all petitions except for small-scale or other site-specific amendments
to the comprehensive plan. notice NetisCl of the time and place of the
public hearing by the planning commission shall be advertised in a
newspaper of general circulation in the county at least one time at least
15 days prior to the public hearing. Where applicable, the notice shall
clearly describe the proposed land uses, applicable development
standards, intensity or density in terms of total floor area of commercial
or industrial space and dwelling units per acre for residential projects,
and a description of the institutional or recreational uses when part of the
development strategy. The advertisement shall also include a location
map that identifies the approximate geographic location of the subject
property.
g.,.1Q" For all petitions except for small-scale or other site-specific amendments
to the comprehensive plan. for Mlf subject properties located within the
urban designated area of the future land use element of the growth
management plan, notice of the time and place of the public hearing by
the planning commission shall be sent by the county at least 21 days in
advance of the hearing. This notice shall be sent by mail to all owners of
property within 500 feet of the property lines of the land for which an
approval is sought; provided, however, that where the land for which the
approval is sought is part of, or adjacent to, land owned by the same
person, the 500 foot distance shall be measured from the boundaries of
the entire ownership or PUD, except that notices need not be mailed to
any property owner located more than one-half mile (2,640 feet) from the
subject property. For the purposes of this requirement, the names and
addresses of property owners shall be deemed those appearing on the
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latest tax rolls of Collier County and any other persons or entities who
have made a formal request of the county to be notified.
9,. 1.1, For all petitions except for small-scale or other site-specific amendments
to the comprehensive plan. for l=eF subject properties located within areas
of the future land use element of the growth management plan that are
not designated urban, all of the foregoing notice requirements apply,
except that written notification must be sent to all property owners within
1,000 linear feet of the subject property. For the purposes of this
requirement, the names and addresses of property owners shall be
deemed those appearing on the latest tax rolls of Collier County and any
other persons or entities who have formally requested the county to be
notified.
12. For small-scale and other site-specific comprehensive plan amendments.
the plannina commission (local plannina aaencv) shall hold advertised
public hearina(s) on the pro Dosed ordinance or resolution. as applicable.
pursuant to reauirements of Chapter 163. Florida Statutes.
m 13. For all petitions except for small-scale or other site-specific amendments
to the comprehensive plan. notice Notiso of the time and place of the
public hearing by the board of county commissioners shall be advertised
in a newspaper of general circulation in the county at least one time at
least 15 days prior to the public hearing.
.:J.+. ~ The clerk to the board of county commissioners shall notify by mail each
real property owner whose land is subject to rezoning, or PUD
amendment, and whose address is known by reference to the latest ad
valorem tax records. The notice shall state the substance of the proposed
ordinance or resolution. Such notice shall be given at least 15 days prior
to the date set for the public hearing, and a copy of such notices shall be
kept available for public inspection during the regular business hours of
the clerk to the board of county commissioners.
~ For small-scale and other site-specific comprehensive plan amendments.
the board of countv commissioners shall hold advertised public hearina(s)
on the proposed ordinance or resolution. as applicable. pursuant to
reauirements of Chapter 163. Florida Statutes.
~ lli For all other petitions. the +Ae board of county commissioners shall hold
one advertised public hearing on the proposed ordinance and may, upon
the conclusion of the hearing, immediately adopt the ordinance or
resolution.
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F. Public participation requirements for small-scale Dr other site-specific
comprehensive plan amendments, rezonings, PUD amendments,
conditional uses, Mixed Use Proiects (MUPs). variancesL eF and parking
exemptions.
1. Applicants requesting a small-scale or other site-specific
comprehensive plan amendment, rezoning, PUD amendment,
mixed use proiect approval or conditional use approval must
conduct at least one Neighborhood Informational Meeting ("NIM")
after initial staff review and comment on the application have been
provided. or after notification of application sufficiency for a small-
scale or other site-specific comprehensive plan amendment, aRE!
before the Public Hearing is sSRoauleEl with the Planning
Commission or Board of Countv Commissioners actina as the
Board of Zonina Appeals.
a. For a small-scale amendment, the NIM is required prior to
the CCPC adoption hearing. For other site-specific
comprehensive plan amendments, the NIM is required
prior to the Planning Commission transmittal hearing. A
second NIM for a site specific comprehensive plan
amendment, to be held prior to the Planning Commission
adoption hearing, will only be required if, as determined by
staff, a substantial change has occurred to the proposed
amendment subsequent to the Board of County
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Words slrllek through are deleted, words underlined are added
Commissioners transmittal hearing.
b. In the case of a Mixed Use Proiect application. after initial
staff review and comment on the application have been
provided. a NIM shall be conducted prior to the first public
hearina.
c. For all other applications, the appropriate number of staff
reviews of the application returned before the NIM can be
held will be at the discretion of the County Manager or his
designee, only in cases where one or two pending reviews
are unnecessarily hindering the applicant from presenting
the proposal to the public.
.f." Written notice of the meeting shall be seAt te all f'lref'lerty e'Nners
'NAe ar-e r-eEJl,lireEl te rCleeive lellal netifisatieR freFR tAe sel,lnty
~I,lFSl,laRt te seetieR 10.03.05.8.6. er 7. Netifisation shall be sent
to all propertv owners within 500 feet of the propertv lines of the
land for which the amendment to zonina is souaht. The 500 foot
distance shall be measured from the boundaries of the entire
ownership or PUD. For properties located within areas of the
future land use element of the arowth manaaement plan that are
not desianated urban. the foreaoina notice reauirements applv.
except that written notification must be sent to all propertv owners
within 1.000 linear feet of the subiect propertv. For the purposes
of this reauirement. the names and addresses of propertv owners
shall be deemed those appearina on the latest tax rolls of Collier
Countv. The applicant shall provide written notice of the
Neiahborhood Information Meetina (NIMl shall also be sent to
property owners, condominium and civic associations whose
members are mav be impacted by the proposed land use changes
and who have formally requested the county to be notified.
a. A list of such organizations must be provided and
maintained by the county, but the applicant must bear the
responsibility of insuring that all parties are notified. A copy
of the list of all parties noticed as required above, and the
date. time. and location of the meeting, must be furnished
to the County Manager or designee and the office of the
G~oard of GCounty G~ommissioners no less than ten days
prior to the scheduled date of the neighborhood
information meeting.
b. The applicant must make arrangements for the location of
the meeting. The location must be reasonably convenient
to those property owners who are required to receive
notice and the facilities must be of sufficient size to
accommodate expected attendance. The applicant must
further cause a display advertisement, one-fourth page, in
type no smaller than 12 point~ and must not be placed in
that portion of the newspaper where legal notices and
classified advertisements appear~ stating the purpose,
location, time of the meeting and legible site location map
of the property for which the zoning change is being
requested. The advertisement is to be placed within a
newspaper of general circulation in the county at least
seven days prior to, but no seoner not later than five days
before, the Neighborhood Informational Meeting (NIMl.
The Collier County staff planner assigned to attend the
pre-application meeting, or designee~ must also attend the
neighborhood informational meeting and shall serve as the
facilitator of the meeting,~ however, the applicant is
expected to make a presentation of how it intends to
develop the subject property. The applicant is required to
audio or video tape the proceedings of the meeting and to
provide a copy of same to the County Manager or
designee.
Page 41 of 48
Words stmel, Ihrellgh are deleted, words underlined are added
~ ~As a result of mandated meetings with the public, any
commitments made by the applicant shall be reduced to
writing and made a part of the record of the proceedings
provided to the I'llanning eervises Zonina and Land
Development Review department. These written
commitments will be made a part of the staff report to the
county's appropriate review and approval bodies and made
a part of the consideration for inclusion in the conditions of
approval of any applicable development order.
d. In cases where the applicant's petition activitv extends
beyond one vear from the date that the last Neiahborhood
Information Meetina (NIM) was held. a second NIM will be
conducted with adherence to all notification and
advertisina reauired for the initial meetina. This
reauirement does not applv to site-specific comprehensive
plan amendments.
3. Any applicant requesting variance approval or parking exemption
approval must provide documentation to the I'llanning servises
ael'lar-tFRent Communitv Plannina Coordinator indicating that
property owners within 150 feet of the subject site have been
advised of the extent and nature of the variance or parking
exemption requested within 30 days of receipt of a letter indicating
that the application is sufficient.
4_ Where it has been determined that there is a property owner,
functioning condominium or civic association which has made
formal request of the county to be so notified, then the applicant
must provide written documentation to the I'llanning servisos
del'lartFRent Community Plannina Coordinator indicating that such
property owner or organization has also been notified concerning
the extent and nature of the variance or parking exemption
requested. T/:1e appliGant FRl,Jet I'lrevide a 'I:rillen aseount of t/:1o
reel,Jlt of sl,Jeh netiee ana s/:1all SI,JllFRit any and all written
eOFRFRl,Jnisatiens to the I'llanning seFviess del'lar-tFRent. A list of
property owners, homeowner or condominium associations
notified and any other written communications must be submitted
to the planning eerviees depar-tFRent Communitv Plannina
Coordinator at least two weeks prior to the scheduled date of the
first advertised public hearing. The applicant sIlaU must provide a
written account of the result of such notice and shall submit any
and all written communications to the Zaning and Land
Develol'lFRent Review del'lartFRent Communitv Plannina
Coordinator.
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G. Notice and publiC hearing requirements where proposed resolution by the
board of county commissioners would approve a mixed use project
(MUP) located in a mixed use district overlay. In cases in which the
applicant requests approval of a mixed use project (MUP) under the
provisions of a mixed use district overlay, with or without requested
allocation of bonus density units, where applicable, the mixed use project
shall be considered for approval pursuant to the following public notice
and hearing requirements by the board of county commissioners.
1. The plannina commission shall hold one advertised public
hearina. Notice of the time and place of the public hearina bv the
plannina commission shall be advertised in a newspaper of
aeneral circulation in the countv at least one time at least 15 davs
prior to the date of the public hearina.
-l-, .f." The board of county commissioners shall hold one advertised
public hearing. The public hearing shall be held at least 15 days
after the day that an advertisement is published in a newspaper of
Page 42 of 48
Words Slruek lhrollgh are deleted, words underlined are added
general paid circulation in the county and of general interest and
readership in the community.
20- ~ Applicants reauestina a MUP approval must conduct A-'!t least one
Neighborhood Informational Meeting (NIM) shall be sonduGted by
the al'll'llisant (in conjunction with the overlay area advisory board,
where such advisory board exists) after initial staff review and
comment on the apolication and before the public hearing by the
beard ef seunty seRlRlissieneFG plannina commission. Written
notice of the meeting shall be sent by applicant to all property
owners who are required to receive legal notification from the
County pursuant to sections 10.03.05 B.8 and 10.03.05 B.9. A
Collier County staff planner, or designee, must also attend the
neighborhood informational meeting; however, the applicant is
required to make the presentation on the development plan of the
subject property.
&- 4. The applicant shall further cause a display advertisement, one-
fourth page, in type no smaller than 12 point; which shall not be
placed in that portion of the newspaper where legal notices and
classified advertisements appear. The ad shall be published no
later than 7 days prior to the date of the neighborhood
informational meeting. The ad shall state the purpose, location,
and time of meeting, and shall display a legible site location map
of the property for which the mixed use project approval is being
requested.
4, 5. The applicant shall post the subject property with an outdoor sign
at least ten days prior to the date of the public hearing before the
8GG plannina commission. The sign to be posted shall contain
substantially the following language and the sign's copy shall
utilize the total area of the sign:
a. PUBLIC HEARING REQUESTING APPROVAL OF A
MIXED USE PROJECT
TO PERMIT: (Name of Project)
(Number of acres)
DATE:
TIME:
ALL OF THE ABOVE TO BE HELD IN COMMISSIONERS
MEETING ROOM, COLLIER COUNTY GOVERNMENT CENTER,
HARMON TURNER BUILDING, 3301 E. TAMIAMI TRAIL,
NAPLES, FL 34112.
eo- Z. The area of the sign shall be as provided in section 10.03.05
B.3.d. of this Code.
1., 8. Criteria for Mixed Use Project Approval
The following criteria must be met in order to gain approval for
mixed use projects developed in accordance with provisions of a
mixed use overlay.
a. No less than sixty percent of all commercial uses within a
mixed use project shall provide retail, office and personal
service uses to serve the needs of the subject project and
surrounding residential neighborhoods.
b. No more than 25 percent of the residential units within a
mixed use project shall be on gated roadways. Residential
uses shall be constructed concurrent with, or prior to the
Page 43 of 48
Words slrllel, !IIrallgh are deleted, words underlined are added
construction of commercial uses so as to insure actual
development of a mixed use project.
c. Mixed use projects shall connect to local streets, adjoining
neighborhoods and adjacent developments, regardless of
land use types. A grid pattern is usually the basis for the
transportation network. Whatever the pattern of the
vehicular network, internal interconnections between uses
and external connections between adjoining
neighborhoods and land uses shall be provided for
pedestrian, bicycle and other modes of alternate
transportation.
d. The commercial component of a mixed use project may be
located internal to the project or along the boundary; if
externally located, internal access roads and service
access shall be provided so as not to promote strip
commercial development along external collector and
arterial roadways.
e. Parking lots shall be dispersed throughout the project. No
one parking lot shall provide more than 40 percent of the
required offstreet parking. Parking garages shall have no
restrictions on percentage of required parking that
may be accommodated; however, commercial uses only
shall be permitted on the ground floor. This requirement
shall not apply to individual parcels less than 5 acres in
size.
f. At least 30 percent of the gross area of mixed use projects
shall be devoted to useable open space, as defined in
section 4.02.01 B. of this Code. This requirement shall not
apply to individual parcels less than 5 acres in size.
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SUBSECTION 3.X.
AMENDMENTS TO SECTION 10.04.03 APPLICATION SUBJECT TO
TYPE II REVIEW
Section 10.04.03 Application Subject to Type II Review, of Ordinance 04-41, as
amended, the Collier County Land Development Code, is hereby amended to read as
follows:
10.04.03 Applications Subject to Type II Review
The following applications are subject to Type II review: Final Plats; conditional
use Permits; Rezoning; LDC Text Amendments; GMP Amendments; and
small-scale development Amendments.
For a graphic depiction of the review procedure, please see Illustration
10.04.03 A
Page 44 of 48
Words .!Riok Ihrough are deleted, words underlined are added
TYPE II
(FINAL PLATS; CONDIT10NAL USE
PERMITS; REZONING; UDC TeXT
AMENDMENTS: OMP AMENDMENTS;
SMALL SCALE DEVELOPMENT AMENDMENTS)
APPLICANT MAY
SUBMIT REVISED
APPLICATION
(Limited to X Resubmittals)
PREPARATION OFVVRITTEN STAFF
REPORT AND RECOMMENDATIONS
HEARINGS BY
PLANNING COMMISSION AND,
AS NEEDED, ENVIRONMENTAL
APPROVAL
(W"iltenFlndlngsand
WriltenOrder)
APPROVAL
WITH CONDITIONS
(VVrittenFindlnljtSand
Witten Orders)
TYPE II
(CONDITIONAL USE PERMITS,
REZOMNGt UDC TEXT AMENDMENTS:
GMP AMENDMENTS; SMALL 8CALE
DEVELOPMENT AMENDMENTS)
Page 45 of 48
Words slruel, throllgh are deleted. words underlined are added
SUBSECTION 3.Y.
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; and PrelimiAary Plats.
For a graphic depiction of the review procedure, please see Illustration
10.04.04 A,
TYPE III
(VARIANCE'. AOMIIMTRATlVIiAPPEALS,
CERTlFICA15 OF APPl'lOf'IIIIATlNl!!aa,CONDlTIONAL USES,
~ING USlAMRNDMIHTI. IIIiSTED IUGHTI,
I't.OOD VAltlANClS. fOAftKlNO AOft....I!Nn.
PftELlMINAIIIYI'LUI,
.RECfIPT & COMPILAh'J""
OF COt.lMENTS &
~ ","oro", ....
f>RLPAIIAIIOU orWl?HTEN~]l\rfl
REPORT AND RECOMMENI)o\TIONS J
CONDITIONS
AFFIM
DECISION
J
rn:/I/'I'
{APPROVE,
f1FNl'
[;0 ""'''' ']
OR OTHER
PROCE~~_
, CONTII"u[
PROCE&;ING
I ORIG~jAL
APPLlCA1ION
Page 46 of 48
Words struek throHgh are deleted, words underlined are added
TYPE 1/1
(VARIANCES, ADMINl8TRA lIVE APPEALS,
CERTIFICATE OF APPROPRIATENESS, CONDITIONId. USES,
NONCONFORMING USE AMENDMENTS, VESTED RJGHTS,
FLOOD VARIANCES, PARKING AGREEMENTS
VARIANCES, CONDITIONAL
USES, NONCONFORMING
USE AMENDMENTS,
FLOOD VARIANCES,
PARKING AGREEMENTS
APPROVE OR
APPROVE
WlTH
CONDITIONS
WI'ItteIlOrder
SECTION FOUR:
CONFLICT AND SEVERABILITY
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
Section 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-Iettered to accomplish such, and the word "ordinance" may be
changed to "section," "article," or any other appropriate word.
SECTION SIX:
EFFECTIVE DATES
This Ordinance shall become effective upon filing with the Florida Department of
State, Tallahassee, Florida; with the exception that amendments to section 6.05.01, as
proposed in subsection 3.P. of this ordinance shall become effective on July 1, 2008.
Page 47 of 48
Words .truel, throllgh are deleted, words underlined are added
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this 24th day of October, 2007.
~~~~~'f!: B~~..cLi:RK"
,~'l"." 1:7. _~J ......O::~-:..-. ",
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
B.
-"JA ........"
Altwstn to-.
It~tlrt .J~,
By~~
JAME . COLETTA, JR, CHAIRMAN
Appro ed as to form and
legal uff' . nc :
Page 48 of 48
Words slrlIol, through are deleted, words underlined are added
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of:
ORDINANCE 2007-67
Which was adopted by the Board of County Commissioners
on the 24th day of October, 2007, during Special Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 29th
day of October, 2007.
DWIGHT E. BROCK
Clerk of Courts_ -andn~'J.:~rk
.....,. .",
Ex-officio to.'BoiJ-,l;'Q of.';")
C nty Commissi~e~s .
~:.-! i ~
,,-
By: Martha
Deputy
.-'
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