Ordinance 93-37 ORDINAN'CE 93- 37
AN ORDINANCE ~ENDING ORDINANCE 91-102, THE
COLLIER COUNTY LAND DEVELOPMENT CODE;
ADOPTING AND INCORPORATING ENVIRONMENTAL
LAND DEVELOPMENT REGULATIONS MANDATED BY THE~A
GROWTH MANAGEMENT PLAN AND RECOMMENDED IN ~
THE COASTAL ZONE MANAGEMENT PLAN-1991 AND
CORRECTING LEGAL DEFICIENCIES IN ARTICLES
ONE, TWO, THREE, FIVE AND SIX OF ORDINANCE
91-102 AND ADDRESSING AN AMENDMENT TO
SECTION 2.2.16.2.1 RELATING TO PERMITTED
USES IN THE INDUSTRIAL ZONING DISTRICT; MORE
PARTICULARLY PROVIDING FOR SECTION ONE,
RECITALS; PROVIDING FOR SECTION TWO,
FINDINGS OF FACT; PROVIDING FOR SECTION
THREE, ADOPTION OF AMENDMENTS TO THE LAND
DEVELOPMENT CODE; PROVIDING FOR SECTION
FOUR, CONFLICT AND SEVERABILITY; PROVIDING
FOR SECTION FIVE, EFFECTIVE DATE.
Whereas, the Land Development Code may not be amended more
than two times in each calendar year pursuant to Section 1.19.1,
LDC; and
Whereas, this is the first amendment to the Land Development
Code, Ordinance, 91-102, in this calendar year; and
Whereas, on March 23, 1993 the Board of County Commissioners
adopted Resolution 93-124 establishing local requirements and
procedures for amending the LDC; and
Whereas, all requirements of Resolution 93-124 have been met;
and
Whereas, on April 6, 1993 the Board of County Commissioners
adopted Resolution 93-144 limiting the subject matter of
amendments and establishing deadlines for the first LDC amendment
cycle of the 1993 calendar year; and
Whereas, Resolution 93-144 limits the subject matter of these
amendments to environmental land development regulations mandated
by the Growth Management Plan and recommended by the CZMP, to
identified legal deficiencies and to cases of hardship; and
Whereas, the Collier County Planning Commission in a manner
prescribed by law did hold an advertised public hearing on May 6,
1993 and on June 10, 1993 concerning these amendments to the LDC;
and
Whereas, the Board of County Commissioners in a manner
prescribed by law did hold advertised public hearings
1993 and on June 29, 1993 and did take action concerning these
i.. amendments to the LDC~ and
Whereas, all applicable substantive and procedural
requirements of the law have been met.
:,~ NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION 1: RECITALS
The foregoing recitals are true and correct and incorporated
by reference herein as if fully set forth.
SECTION 2: FINDINGS OF FACT
The Board of County Commissioners of Collier County, Florida,
hereby makes the following findings of fact:
1. Collier County, pursuant to Sec. 163.3161, et seg., Fla.
Stat., the Florida Local Government Comprehensive Planning and
Land Development Regulation Act (hereinafter the "Act"), is
required to prepare and adopt a Comprehensive Plan.
2. After Adoption of the Comprehensive Plan, the Act, and in
particular Sec. 163.3202(1), Fla. Stat., mandates that Collier
County adopt land development regulations that are consistent
with and implement the adopted Comprehensive Plan.
3. Sec. 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 as required by
the Act.
4. Sec. 163.3194(1)(b), Fla. Stat., requires that all land
;. development regulations enacted or amended by Collier County
shall be consistent with the adopted Comprehensive Plan, or
element or portion thereof, and any land development 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. Sec. 163.3202(3), Fla. Stat., states that the Act shall
-2-
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 it,s Comprehensive Plan pursuant to the
requirements of Sec. 1634.3161 et se~. Fla. Stat., and Rule 9J-5,
F.A.C.
7. Section 163.3194(~)(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 takE~n in regard to development orders by,
gover~ental agencies in regard to land covered by such
Comprehensive Plan or element shall be consistent with such
Comprehensive Plan or element as adopted.
8. Pursuant to flec. 163.3194(3)(a), Fla. Stat., a
development order or land development regulations shall be
consistent with the Comprehensive Plan if the land uses,
densities or intensities, and other aspects of development
permitted by such order or regulation are compatible with and
further the objectives, policies, land uses, and 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 was amended .on October 14, 1992, effective October
30, 1992.
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; encourage the most
appropriate use of land, water, and resources, consistent with
the public interest; overcome present handicaps; and 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 0evelopment Code
ii/' preserve, promote, protect, and improve the public health,
safety, comfort, good order, appearance, convenience, and general
welfare of Collier County; prevent the overcrowding of land and
avoid undue concentration of population; facilitate the adequate
and efficient provision of transportation, water, sewerage,
schools, parks, recreational facilities, housing, and other
requirements and services; conserve, develop, utilize, and
protect natural resources within the Jurisdiction of Collier
County~ and to protect human, environmental, social, and economic
resources; and 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 Growth
Management Plan, Chapter 125, Fla. Stat., and Chapter 163, Fla.
Stat., and through these amendments to the Code.
SECTION 3: ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE
The Collier County Land Development Code is hereby amended as
shown on the side sheets which comprise Exhibit A, attached
hereto and incorporated by reference herein.
SECTION 4: CONFLICT AND SEVERABILITY
If any phrase or portion of this ordinance is held invalid or
unconstitutional by any court of competent jurisdiction, such
portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the
i remaining portion.
..~ . SECTION 5: EFFECTIVE DATE
This Ordinance shall become effective upon receipt of notice
from the Secretary of Sta~e that this Ordinance has been filed
with the Secretary of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of
Collier County, Florida this cQ.f~ day of ~J ,
1993.
DATE': BOARD OF COUNTY COMMISSIONERS
· COLLIER OUNTY, FLOR A
· ~:~.:'. " · BURT ~. SAUNDERS, CHAIRMAN
CRnOW,edg~rnen~, of that
M~ ~o'. ~O~ET.~ ' filig~, received th~s ~ day
I]61 332
!., APPENDIX A
Staff Side Sheet
LDC page 1-26
BEC. 1.9.9 NOTICE
Ail administrative decisions concerning the
issuance, revocation, suspension, or stop work
order, or other remedy pertaining to Building
Permits, C~rtificates of Occupancy, Development
Orders, D~velopment Permits, or Development
Approvals, whatsoever, shall be stated in official
written notice sent by registered mail to the
permit applicant. Decisions of the County Manager
may be appealed to the Board of County
Commissioners.
SEC. 1.9.11 ~PPEAL OF ~I)MINISTRATIVE DECISION.
APPeal Qf any administrative decision of the Cou~%¥
Manager 9r his designee not remedied by sec. 1.9.9
~l be in accordance with the 9roced~r~
set forth in Sec. 1.6.6 for aPPeal of Written
~.ons and shall be reviewed by ~he Board
of Zoni~a
Citizen Petition
Side Sheet
': 2.2.16.2.1 Permitted
1. Agricultural Services (groups 0711, except
that chemical treatment of soil for crops,
fertilizer application for crops and lime
spreading for crops shall be a minimum of five
hundred feet (500') from a residential zoning
district, 0721, except that aerial dusting and
spraying, disease control for crops, spraying
crops, dusting crops, and insect control for
crops (with or without fertilizing) shall be a
minimum of five hundred feet (500') from a
residential zoning district, 0722-0724, 0761,
0782, 0783).
2. Apparel. and Other Finished Products (groups
2311-2399).
3. Automotive Repair, Service, and Parking
(group~ 7513-7549).
4. Building Construction (groups 1521-1542).
5. Busine~s Services (groups 7312, 7313, 7319,
7334-73.36, 7342-7389, including auction rooms
(5999), subject to parking and landscaping for
retail use).
6. Communications (groups 4812-4899 including
communications towers up to specified heights,
subject; to Sec. 2.6.35.).
7. Construction-Special Trade Contractors (groups
1711-1799) .
8. Depository and Non-Depository Institutions
GrouPs ¢6011-6163~.
6 ~. Eating Places (5812).
~ 10. Educational Services (8243-8249)
~ 11. Electronic and Other Electrical Equipment
(groups 3612-3699).
~-~ 12. Engineering, Accounting, Research, Management
and Re].ated Services (groups 8711-8748).
~-~ 13. Fabricated Metal Products (groups 3411-3479,
3491-3499).
~ 14. Food and Kindred Products (groups 2011-2099
except slaughtering plants).
-. ~ 15. Furniture and Fixture (groups 2511-2599).
. ~3 16. Heavy Construction (groups 1611-1629).
~ 17. Health Services (8011 accessory to industrial
activities conducted on-site only)
~-~ 18. Industrial and Commercial Machinery and
Computer Equipment (3511-3599).
· 4~ 19. Leather and Leather Products (groups
3131-3].99).
~ 20. Local and Suburban Transit (groups 4111-4173).
~9 21. Lumber and Wood Products (groups 2426,
2431-2499).
~ 22. Measuring, Analyzing, and Controlling
Instruments, Photographic, Medical and Optical
Goods; Watches and Clocks (groups 3812-3873).
~ 23. Membership Organizations (groups 8611, 8631).
~-~ 24. Miscellaneous Manufacturing Industries (groups
3911-3999).
~ 25. Motor Freight Transportation and Warehousing
(groups 4212, 4213-4225, 4226 except oil and
gas storage, and petroleum and chemical bulk
stations).
~ 26. Paper and Allied Products (2621-2679).
~6 27. Personal Services (groups 7211-7219).
~ 28. Printing, Publishing and Allied Industries
(groups 2711-2796).
Railroad Transportation ( 011. 4013).
~ 30. Rubber and Miscellaneous Plastic Products
(groups 3021, 3052, 3053).
New language is underlined; deleted language is stricken.
31. Stone, Clay, Glass, and Concrete Products
(groups 3221, 3251, 3253, 3255-3273, 3275,
3281).
32. Textile Mill Products (groups 2211-2221,
2241-2.259, 2273-2289, 2297, 2298).
33. Transportation Equipment (groups 3714, 3716,
3731, 3732, 3751, 3761, 3764, 3769, 3792,
3799).
34. Transportation by Air (groups 4512-4581 except
airports and flying fields).
35. Transportation Services (groups 4731-4783,
4789 e:xcept stockyards).
36. United. States Postal Service (4311).
37. Welding Repair (7692)
38. Wholesale Trade-Durable Goods (groups
5012-5014, 5021-5049, 5063-5092, 5094-5099).
39. Wholesale Trade-Nondurable Goods (groups 5111-
5159, 5181, 5182, 5191 except that wholesale
distribution of chemicals, fertilizers,
insecticides, and pesticides shall be a
minimum of 500 feet from a residential zoning
district, 5192-5199).
Staff Side Sheet
LDC page 2-81
BEC. 2.2.24 '"_'_~~Din= Overlay Distrigt~ Dssi~nation of
"p-~T" Lan¢ll. Dllianation of "XCBC-BT" Lands.
2.2.24.2.1 Establishm~lnt of ST Overlay District. An overlay
zoning dis%rict classification to be known as the
"ST" Special Treatment Overlay District, and to be
designated on the Official Zoning Atlas by the
symbol "ST" together with the symbol of the basic
zoning diz~trict which it overlays, is hereby
established. This overlay district classification
will be used for those lands of environmental
sensitivity and historical and archaeological
significance where the essential ecological or
cultural value of the land is not adequately
protected under the basic zoning district
regulations; established by this code or by
ordinance. The placement or removal of this
overlay zoning district shall be governed by the
procedure for amending the Zoning Code and the
Official Zoning Atlas as prescribed in Div. 2.7.
Ail land within the ST overlay district shall be
desi~nated as environmentally sensitive.
NOTE i required by the Growth Management Plan.
Staff Side Sheet
LDC page 2-85
2.2.24.6 Prooe~ures for Site Altgration ,Plan or Site
Development Plan APProval for DevgloDment in "ST"
or "~CSC-ST" Desianated Lan~,
2.2.24.6.1 Pre-aDDlication Conference. Prior to filing a
petition for site alteration or site development
approval of "ST" or "ASCS-ST" land, the petitioner
shall requ.ast and hold a pre-application conference
with the Development Services Director and
appropriat.s County Staff. The pre-application
conference is for the purpose of guidance and
information, and for insuring insofar as is
pos~ible, that the petition is in conformity with
these regulations. No petition for the site
alteration or site development approval will be
accepted for formal processing until the
Development Services Director has reviewed the
petition to determine that all required data is
included; a minimum of thirty (30) days shall be
allowed for this phase of the review process.
County Staff shall visit the site. where
NOTEI required by the Growth Management Plan.
Staff Side Sheet
LDC page 2-86
2,2.24.7 Su.bliSlion :Reauirements for 8its alteration Dian or
Bite Develgoment Plan ApProval for DeveloPment in
"BT" or "ACSC-BT" Desianate~ Land The ffollowing
shall be submitted in a petition for site
alteration or site development approval of "ST" or
"ACSC-ST" land:
2.2.24.7.1 Submission ,and approval of a Site Alteration Plan
or Site Dev,alopment Plan containing the following
as determin,Bd applicable to the petition by the
Development Services Director:
5. Exact survey showing the project boundaries,
any existing street, water courses or
easements within or adjacent to the proposed
development. Developments shall identify,
protect, and conserve native vegetative
communities and wildlife habitat. Habitats and
their boundaries will be consistent with the
Florida Department of Transportation Florida
Land Use Cover and Forms Classification
Systems and shall be depicted on an aerial
photograph having a scale of one inch equal to
at lea~3t 200 feet when available from the
County, otherwise, a scale of at least one
inch equal to 400 feet is acceptable.
Information obtained by ground-truthing
surveys shall have precedence over information
presented through photographic evidence. For
DrODosed site alterationfs% within on
shorelines and/or undeveloped or developed
coastal barriers habitat identification shall
comDlv with the sitina criteria in accordance
Staff Side Sheets
LDC page 2-128
SEC. 2.4.4 PL~/~T MATERI~L STAND]~RDS AND INST~LLATION 5T~ND~RD5
2.4.4.1 ~. Plant materials used to meet the
requirements of this Section shall meet the
Standards for Florida No. i or better, as set out
in "Grades and Standards for Nursery Plants", Part
I, and Part II, Department of Agriculture, State of
Florida (as amended). Root ball sizes on all
transplanted plant materials shall also meet State
standards.
At least sev,anty-five (75) percent of the trees and
fifty (50) percent of the shrubs used to fulfill
these requirements shall be native Southern
Floridian species, as determined by accepted valid
scientific reference. For sites that are north and
east of U.!;. Highway 41, at least thirty-five
percent (35%) of the shrubs used to fulfill these
requirements shall be native Floridian species, as
determined by accepted valid scientific reference.
In addition, for all sites, at least seventy-five
percent (75%) 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 to be used in the native
determination may include, but not be limited to:
Long, R.W. 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.
Where xeric plants are to be utilized, use the
South Florida Water Management District, Xeriscape
Plant Guide (as amended) as a reference.
For PrOPosed land development Dro4ects on
shorelines and/or undeveloped and developed coastal
barriers all reauired landscaDina shall be o~
hundred Der¢:ent ¢100%) native southern Floridia~
species.
3'40
New language ia underlinedf deleted language is stricken.
Staff Side Sheet
LDC page 2-174
i"? SEC. 2.~.21 PRIVATE BOATHOUSES AND DOCKS.
~21.S Where new boathouses, boatshelters, or dockinq
~re DrODOSed or boat doc~ extensions.
the location and presence of seaarass or seaarass
beds within two hundred (200~ feet of any DroDosed
dock facility or boathouse shall be identified on
an aerial DhOtoaraDh havina a scale of one ingh ~Q
200 feet when available from the county, or a scale
of one inch to 400 feet when such Dhoto~raph~
not available from the county. The location of
seaarass bs~s shall be verified by a site visl~ bY
the Sits DsYeloDment Review Director or h~
desianee prior to issuance of any oro4ect aDDrQ¥~I
or Dermi%,
2.6.21.8.1 All DroDosed boathouses, boatshelters, and doc~
facilities shall be located and aligned to stav at
least ten (10} feet from any existinu sea~rass
beds. except where a continuous bed of seaurasses
exists off ~he shore of the property and adgacent
to the Dropsrtv. and to minimize negative
to sea~rasses and other native shoreline, emeruent
and submerq~d vegetation and hard bottom
communities,
~ Where a continuous bed of seaarasses exists off
shore of the Property and adgacent to the DroDer~v
the aPPlicant shall be allowed to build a dock
across the seaarasses, or a boathouse, boatshelter
or dockina facility within ten feet of seaarasses.
Such boathouses, boatshelters or dockina facilities
shall comDlv with the followina conditions:
1. The boathouse, boatshelter or dock shall be at
a height of at least three and one-half
feet NGVD.
2. The terminal Dlatform of the dock shall
exceed one hundred sixty ¢160~ s=uare feet,
~. The ac~,~ss dock shall not exceed a width of
four ¢4) feet,
4. The a~,~ss dock and terminal Platform shall
... sited to impact the smallest area of
o sea~ras:~
2.$.~1.8.3 The petitioner shall be required to demonstrate ho~
negative imDacts to sea~rasses and other native
shoreline ve,~etation and hard bottom communitiss
have been minimized Prior to any Dro4ect aPProval
or permit issuance.
New language is underlined$ deleted language is stricken.
Staff Side Sheets
SEC. 3.2.7 ~a.~LTu~BXJ;UBDIVISION PL~T.
3.2.7.1 Prelimin&rv Subdivision Pla~
3.1.7.1.1 A preliminary, subdivision plat shall consist of a
series of mapped information sheets on only
standard eiz~ 14" x 36" sheets to include, but not
to be limited to, the following:
4. Natural Features and Vegetative Cover Map; for
Proposed site alterationfsl within the coastsl
zone reiterative cover mad shall also comply
with Sec:. 3.12.5.
New lan~aqe ts underlined; deleted lan~aqe ts stricken.
Staff Side Sheet
LDC page 3-66
BBC. 3.3.5 BZTB DE~L'LQ~HEHT PLAN RL'~ZEW PROCEDURE~o
3.3.S.4.4 Ve~station ~nYentory. A generalized vegetation
inventory o~ the property shall be required to the
extent necessary, as determined by the mandatory
pre-applicatio~ meeting, indicating the approximate
~ocation, densities and species of the following:
1. Upland, wetland and estuarine vegetation
including exotic vegetation prohibited by Div.
3.9, mapped using FLUCCS terminology.
2. Any type vegetation identified for
preservation.
3. Projects containing the following shall
provide a survey identifying the species and
locations on a current aerial photograph (1"
200' or larger scale) or be superimposed on
the site plan:
a. Plants specified in an applicable PUD or
petitioners agreement to remain in place
or to be transplanted to other locations
on the property.
b. Specimen trees designated by the Board of
County Commissioners, pursuant to Sec.
3.9.6.7.
c. State or federal rare, threatened or
endangered plant species surveyed
according to accepted Florida Game and
Fresh Water Fish Commission or U.S. Fish
and Wildlife methods.
d. Existing trees that may be credited
toward the development's landscaping.
4. For Dro'oosed site alterationCs) within
coastal zone as depicted on the Future Land
... Use Map. in addition to the fore~oi~g
· re~c~uirements, the ve~etation inventory shal~
depict the cate~ories of impact in accordance
with Se,:. 3.12.5,1,
06i 343
New language is underlined~ deleted language is stricken.
£
Staff Side Sheets
LDC page 3-87
BBC, 3.5.3 XPPLICABZLITr~ PERMIT REQUIRED.
It shall be unlawful for any person, association,
corporation or other entity' to create, attempt to
create, or alter an excavation without having
obtained a p,ermit therefore, except as provided
herein.
3,~,3.1 Excavations on undeveloped coastal barriers shall
~~. except as specified in Section
New language is underlined; deleted language is stricken.
%..
~. LDC page 3-138
!~. · DIV. 3.10 SEn TURTLE
BEC. 3.10.2 PURPOSE. Th.e purpose of this division is to protect
the threatened and endangered sea turtles that nest
along the beaches of Collier County, Florida, by
safeguarding sea turtle hatchlings from sources of
artificial light and adult and hatchling sea
turtles from injury or harassment. Th9 County
~'e to State and Federal qu~d~[imes for
the Drot~ion of sea turtles.
BEC. 3.10.3 NEW DEVELOPHENT. For new development, construction
and building and electrical plans for construction
of single family or multi-family dwellings,
commercial or other structures including electrical
plans associated with parking lots, dune walkovers
or other outdoor lighting for real property if
there is lighting associated with such construction
or development that is within 300 feet of the line
of mean high water, or if there are ~nv lloht
sources or any reflective surfaces illuminated by
such sources that will be visible from %he b~ach.
shall be in compliance with the following:
3.10.3.1 ~--~-~- ~'ii ~e
light
light :hal~ .not illuminate %he bcach. Outdoor
li~htin~ shall be held to the minimum necessary for
security and safetv. Floodlights amd landscape or
accent l~qbtin~ shall be prohibited,
:a~c.".' ~z bll li~htina includin~ wall moun%~d..
fixtures. Dole liqhtinc, lights on balconies, and
any other tVDe of lightin~ not specifically
referenced by this section; shall be of low
intensity and shall be fitted with hoods or
Positioned so that the liqht sources or any
.. reflective surfaces illuminated by such sources are
· not visible from the beach.
3.10.3.3 Low profile luminaries shall be used in parking
lots and such lighting shall be fitted with hoods
or positioned so that the
~ light sources or any reflective surface~
illuminated by such sources are not visible from
the beach.
3.10.3.4 Dune crosswalks shall utilize low profile shielded
luminaries~ directed and positioned so that li~h~
sources or any reflective surfaces illuminated by
such sourG~s are not visible from the beach. Dune
crossover li~htin~ shall be limited to the are~
landward of the primary du~e.
3.10.3.5 L:~~ ...... ~ .......... ee
intensity li~htin~ is necessary, low pressure
sodium vapor luminaries shall be used and fitte~
with a hood or positioned so that the licht sources
or any reflective surfaces Illuminated by such
sources are not be visible from the beach, bet~wee~
Ne~ language is underlined~ deleted ~anguage is strick~n.
LDC page 3-139
3.10.3.6 .~-a~c= e~ ~intcd em ........ ~_A~ glass ate ~
~ facing ............ ~ ~
s~ruc.urcs. Plates of tinted alass are
required for windows that are visible from the
beach. Th(~ tinted alass shall be any window or
glazin~ that has an industry aDoroved light
transmittance value of 45% or less. Such
transmittance shall be limited to the visible
spectrum (400 to 700 manometers) and shall be
measured as the percentage of light that is
transmitted throuah the ~lass. inside to outside.
3.10.3.7 Temporary security lights at construction sites
shall not ]De mounted more than fifteen (15) feet
above the ground. Illumination ~-~- ~
=hall no= -~ tha ~aach. Light sources or
any reflective surfaces illuminat~d by suGh sources
shall no~ be visible from the b~ach,"
~ ~ Thc provislsno ~ 3.10.3 shall not
=.ruc.urs ~ building
division. -~vcr, all ~ ~ ~ thic
thc prsvision= cf
SEC. 3.10.A.~ EXISTIN~ D~EL0~ME~. For existing development,
within four months of the effective date of this
Division, 4~-N~=-- ~ ...... ~-~-- ~ ~
-a~ ~ occn ~ ~ u .... existinq structures with
any liqht sources or reflective ~urfaces
illuminated bv such sources that are visible from
the beach, shall be in compliance with the
following:
3.10.~A.1 Lights ~~ ~"~: .... ~
~ May. ~'-~. ~,,.--~ 9ot=bcr ~ ~cac.,~ ~. All
lights shall be turned off after 9;00 p,~. betwee~
May 1st and October 31st. of each vear. or fitted
with a hood or positioned so that the light sources
Or any reflective surfaces illuminated by Such
sources are not bc visible from the beach.
S.10.~.2 Lights illuminating dune crosswalks ~ any ~
~ ~ ~,.c ...,~ .... shall be turned off after ~:~
9:00 P.M. between May 1st and October 31st, of
each year, or; ~ must be modified to conform to
the requirements for new development in accoFda~ce
with Sec 3.10.3 of this DivisioR,
....~.,,,.~.~-~ %hr~ugh~ut thc .,.~..~ ~ .~n-~ ~ ~ ~..=
--~. I .~ arc
~ .... umina-~cs ~ ~uch
~ ~ light
~ecuritv and emercencv exit lichtin~ shall follow
the s~me requirements stated In Sec. 2.10.4.1 of
this Division. If hich intensity lichttn~
~ecessarv. low pressure sodium vapor luminaries
~hall be used and fitted with a hood or Positioned
so that the light sources or any r~lectiv~
surfaces illuminated by such sourc~ ~r~ ~O~
Visible from the beach,
New lan~age is underlined; deleted language is stricken.
LDC page 3-139 cont'd
~_~ At least 9ne of the following measures shall be
taken, whgre applicable, to reduce or eliminate the
negative effects of interior light emanating from
doors or windows within lin~-Qf-siqht of the beach.
where lights currently illuminate the beach:
'Windc'w ~ ~ In windows facing the
cc=an abova thc ~irst float ~4~
=~-uc~urc= Gulf of Mexico and all inlet
shorelines of these beaches, tinted window
treatments are reGuired for windows that are
visible from the be~Gh so that indoor lights
do not illuminate the beach. The tinted Glass
shall be any window or Glazing that has an
industry approved light transmittance value of
45% or less. Such transmittance shall
limited to the visible spectrum (400 to 700
nanometers) and shall be measured as the
percentage of light that is transmitted
through the Glass. inside SQ Qu$s~d$,
b. RearranGe lamps and other and other movabl$
fixtures away from windows.
~, U~ window treatments, includinq, bu~ Do~
limited to blinds and curtains, to shield
interior liqh~$ ~rom the beach,
d. Turn Qff unnecessarv lights,
SEC. ~.10.~& PUBLICLY OWNED L~TIN~. ~t-~ee~ light= and
lighting ~ -~-~ --~ ~- publicly ~
accco~ areas -~'~..~ ~ ~ubJcct ~ ~..= ~ All
Dubliclv owned li~htin~ with light sources that ar~
visible from the beach or that illuminate
reflective surfaces that are visible from th~
beach, shall be turned of~ a~ter 9:Q0 P.m. betweeD
MaY 1st and October 31st. of each year. or shall be
fitted with a hood or positioned so that the light
sources or anv reflective surfaces illuminated by
~uch source:~ are Dot v~sib~e ~rom the beach,
Th=sc ligh~ =hall ~ ~ulppcd ............
..... Lights ~ ~arks ~ o~..cr point~ ~
~ shielded ~ shaded ~ =hall n=t ~ utilized
each yca~.
SEC. S.10.6~ ~UL TO KILL. MOLZST, OR INJ~E SEA T~TL~S. It
shall be unlawful for any person to kill, molest,
or cause direct or indirect injury to any species
of sea turtle in Collier County or within its
Jurisdictional waters. It shall be unlawful to
collect or posses any part of ~.inJurcd ~~ca- ~ ~ a
sea turtle.
SEC. s.x0.1e CONSTRUCTIO]~ D~IN~ NESTIN~ SEASON. It shall be
unlawful to construct any structure, add any fill,
mechanically clean any beach, or grade any dirt
within 100 feet of the nesting zone of a beach
where sea turtles nest or may nest, during the
nesting season without obtaining a Construction
New language is underlined; deleted language is stricken.
Sea Turtle Nesting Area Permit from the Development Services
Director. If sea turtle nesting occurs within 100
yards of the construction measured parallel to the
shoreline during permitted construction activities,
the nest area will be flagged by the permittee and
the ~~ Scrvlccu ~ ~ w3~ G
hour~ Natural Resources Director informed prior to
9:00 A.M. of that mornina. Depending on nest
location in relation to intensive construction
activities, the
Natural R.gsources Director may require that the
nest(s) be relocated by the applicant pursuant to
Sec. 3.10.~.9.2 and Se. 3.10.~9.3.
3.10.7.1 Construction activities shall not interfere with
sea turtle. B~stina. shall Dreser¥9 or replace any
native veqetation on the site. and shall maintain
the natur~ existin~ beach profile and minimize
interference with th~ natural beach dynamics and
~unction.
3.10.7.2 Constructic,n or repair of any structure, includin~
but not limited to. dune walkovers, seawalls or
9ther rev~t.ments, sandbags, groins or Jetties shall
not be Permitted durin~ ~a turtle nestin~ season
on any Collier CouDtv beache~.
SEC. 3.10.9 PERMITS AND FEE~.
3.10.9.3 Neet Reloc:~ion. If the {)e%~~ ~e~v~%eee
~ N~%~ural Resources Director or his or her
desi~ng_9 finds it necessary for a nest to be
relocated away from a construction area, then only
the ~e4~ ~ ~ e~ Natural
Eesources Director or his or her designee or an
individual possessing a Turtle Handling Permit
shall move the nest. If the
Dircctcr ~ltural Resources Director or his or her
designee who possess a Florida Marine Turtle
permit, moves a sea turtle nest the cost shall be
$100.00 to the landowner. A nest that is more than
12 hours old shall not be relocated under any
circumstances.
New language is underlined; deleted language is stricken.
Staff Side Sheet
· LDC page 3-142
DIV. 3.12 COASTAL ~ON]I MANAOEMENT.
SEC. 3.12.1 ~ The purpose of this division is to manage
and conserve the habitats~ and speciesA natural
shoreline, and dune systems in the Collier County
Coastal Zone as defined in the Collier County
Growth Management Plan and Div. 6.3 herein through
the identification, protection, conservation, and
appropriate use of native vegetative communities
and wildlif(! habitats.
SEC. 3.12o3 ~W AND E~iISTINO DEVELOPMENT. 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 Growth Management Plan
~GMP) and with these land development re~ulations
until the formal adoption by Collier County of all
land develo]pment regulations, ordinances, policies
and prograr~s which implement the Coastal Zone
Management Plan-1991, as adopted by the Board of
County Commissioners and as prescribed by Policies
1.3.2, 2.5.1~, 2.5.3, 6.1.2, 11.6.1, 11.6.2, 11.6.3,
11.6.4 of the Conservation and Coastal Management
Element of the Collier County Growth Management
Plan.
SEC. ~.1~.4 ~PPLICABILI~¥, For ~11 new and existin~
~veloDment and construction pursuant to Division
3.2 and 3.~ and the building code of Collier
County,
~E~, ~,1Z.5 DEVELOPMENT ~TARD~RDS AND REG~Lq%TIONS. In addition
to these ~oastal z~e ~e~ulations all land
development ~ivitie~ on ~horelines. and;o=
uDdevelope~ and developed coastal barriers, shall
¢omDly witla Collier County environmental land
development regulations, including, but not limited
to; $~G, ~.2.24 SPecial Treatment Overlay District
[ST~: Div. $.7 Soil Erosion Control: Div. 3.8
Environmenta~ Impact Statements (EISI: Div, 3.9
Vegetation Bemoval. Protection and Preservation:
.. Div. 3.10 Sea Turtle Protection; Div. 3.11
· Endangered. Threatened or Listed Species
ProtectioD; Div. ~.~3 coastal Construction Setbac~
bi~e Var~a;)ce; D~v. 3.14 Vehicle on the Beach
Be~ulation.
3,~.5,~ Si~ing Cr~i~e~a ~nd Process. AnY proposed
structure or site alteration on a shoreline shall
b~ located within the boundaries of the subjec~
parcel with the most impacted coastal habitats
existina on the subject parcel _receivi~q the
hi,best priority for sitina of the DrODOSed
structure or site alteration. The followin~
~ategories a ts . Q_q~h G, shall be used
~ determine the priority for location of
~veloDment or site alteratioD:
A. Areas presently developed
Disturb~ uplands
Disturbed freshwater wetlands
Disturbed brackish water and marine wetlands
E. Viable unaltered uplands
F.Viable unaltered freshwater wetlands
New language is underlined; deleted language is stricken.
Viable unaltered brackish water and marino
wetlands.
~,XZ.5.~.~ Where, if "k, Areas Presently ~¥~Qped" exists on
the subtect parcel, it shall be the preferred sit~
for the Dror,osed structure or site alteration.
Where, if "A" is not present, and "B. Disturbed
u~lands" exists on the subiect parcel, "B" shall be
the preferre~ site for development or site
~lteration,,, This siting process shall continue in
the same manner throuah "~.", until a specific area
is identified ~$ an appropriate location for the
proposed structure or site alteration on the
subject parcel.
In the eveg~ that the p~Qposed deYelopment or site
alteration requires a larger area than is available
in the hi~hest category of impacted habitat, then
any adjoining land in the next hi~hest cateaorv of
impacted habitat shall, in addition, be allocated
for locatig~ the proposed development or site
alteration. Where there is a mixtur~ of c~Cgories
of impacted habitat and it is no~ ~o~$ible ~o
follow the procedure noted above, the PrOPOSed
development ~r site alteration shall be Planned to
maximize the use of land for development in the
hi~hest ranked categories and to minimi~9 ~be us~
~f land in.~he lowest ranked categories. The
burden of proof shall be on the petitioner, that a
higher ranked category of impacted habitat is not
feasible sitin~ the proposed development or site
alteration.
$.~.~,~.Z If the proposed development is determined to be a
subdivision, as defined in Div. 6.3, the categories
9f impacts, A throuqh G, shall be conceptually
iljustrated on the reGuired preliminary subdivision
p%a~ ~Dd completely detailed on the final
subdivision improvement plans, with any reGuired
protected/preserve areas iljustrated on the final
subdivision 'plat, in accordance with the provisions
of Div. 3.2. If the ProPosed development does not
GoDst~tute a subdivision, the categories of impact,
A through G, shall be iljustrated on a sit~
., development iplan for any form of development,
· including silDg%e ~am~y Or duplex residential
structures ii~ accQrd~Dce with the provisio~ of Div.
~,~.5,~ Review bY ~n'?i~onmental Advisory Boar4. All
preliminary :subdivision plat and/or site
development plan submissions for developmep~ or
site alterat~Qn on a shoreline and/or undevelo~me~
~oastal barrier shall be reviewed, and a
recommendation shall be made for apprQyal, ~pproval
~ith qQDditions or denial by the Environmental
Advisory Boa~,
3.~Z.5.~.~ An applicant a~Grieved bv action of the
Environmental Advisory Board may appeal,~9 ~h9
Board of Zoning Appeals. Said appeal shall be iB
accordance with the procedure and standards of sec,
1.6.6 for ap]~eal of written interpretations.
3.~z.5.3 $~A ~VE~ RISE. An analysis shall be required
~emoDstratin.~ the impact of a six inch rise in sea
Level above NGVD for ,~velopment projects on a
shoreline. This reGuirement shall be met by
~nclusion 9~ this analysis in an environmental
impact statement (EIS). This requirement shall be
waived when an EIS is not re~uired~
350
New language is underlined: deleted language is strick~n.
This analYsiS shall demonstrate that th9
development will remain fully functional
intended use after a six inch rise in sea le~ =. In
~h~ event that the petitioner canno~ m~et thJ~
regui~ list shall be provided by the
petitioner of the changes necessary in order
the development to meet the standard.
3.12.5.4 NATIVE VEGETATION RETENTION ON COASTAL
Native vegetation retent~o~ or r~v~getation shall
be in compliance with the reguirements of Di\!.~
and shall incorporate at a minimum the presez','ation
and revegetation standards as follows:
3.12.$.4.1 Native vegetation shall be preserved to the
extent Possible. To the ex~Pnt that native
vegetation cannot be retained on site and the
remaining native vegetation can be supDlementa~
without ~pgrading or damagin~ its natural
then the existin~ native veq~%ation shall be
supplemented with compatible vegetation on
3.12.$.4.2 All beachfront land development Projects shall be
reGuired tQ revegetate the dune where the dune
devoid of coastal dune vegetation.
3,12,5,4.3 Ail land development Dro~ects shall provide
native southern Floridian species within
r~quired landscaping and buffering standards as
established within Division 2.4.
3.1~,$.4.4 APpropriate coastal dune or strand veGetatio~ shall
be required as the only stabilizing ~edigN ]~_an_~
coastal barrier dune or straDd vegetation
restoration program.
~C. ~.$~.6 UNDEVeLOpED CQASTA~ ~ARRIERS, In additiQ~ to the
re~ulations contained in Sec. 3.12.5. the following
standar~ shall aPPly tO any ProPosed structure or
site alteration within all undeveloped coastal
barriers,
3.12.6.1 Density. The County shall not approve any p~a~ of
development of an undeveloped coastal barrier which
would exceed a density of one structure p~r fiv~
.. acres ~f f~st~a~d, eithe~ ~ndividually or in
· combination with adjacent developments.
3.12.6.2. Prohibitions. The following land d~veloDment
activities shall be prohibited:.
1. Brid~es and causeways to or o~ UDd~weloDed
coastal barrier islands:
2. paved roads:
~oDmercial marinas:
4. shore hardening structures.
3,12,~,3 Fillin~ and E~cavat~o~. Fillin~ and excayation are
prohibited on undeveloped coastal barriers e×ceDt
as follows:
1. When Dart of a dune or beach restoratioB
Dro~ram as permitted by aovernmental agencies
having jurisdictioB,
2. When Dart of a Wastewater treatment system as
Permitted by aovernmental agencies hav~Dq
4urisdiction.
3. When Dart of a Public Development Plan
permitted by aoverBmental aaencies hav~Dq
4urisdiction.
New language is underlined; deleted language is stricken.
BEC. 3.12.7 PERMITS REOUIRED. NQ ~pDlicable County permit shall
be issued by the Community Development
Administrator or his desianee, for any development
Dro4ect whic~ impacts wetlands and/or waters of the
~~__~, until the appropriate state or
f~&~L~.~t(s) have been issued, includina, for
example. DeZmlitS from U.S. Army CORDS of Enaineers.
~_~9]~~'tment of Environmental Reaulation. and
South Florida Water Manaqement District. and
provided to ~he Collier county Pro4ect Plan Review
Environmental staff.
~C. 3.12.S UNDEVELOPED 9OaSTAL B~.RRIBRS. In addition to the
reaulat~ons ~;ontained in Sec. 3.12.5. the followina
standards shall apply to any proposed structure or
site alteratioD within all undeveloped coastal
3.12.8.1 DensitY. The County shall not approve anY plan of
development of an undeveloped coastal barrier which
would exceed a density of one structure Der five
acres of fastland, except for leas1 non conformina
lots of record, either individually or in
combination with ad%acent developments.
3.12.8.2 Prohibitions. The followina land development
activities shall be prohibited:
1. Bridaes and causeways to or on undeveloped
coastal barrier islands:
2.Dared roads:
3. commercial marinas:
4. shore and hardenin~ structures.
~,12.8.3 Fillin~ &~ ~xoevst~on. Fillin~ and excavation are
~n undeveloped coastal barriers except
1. W~en Dart of a dune or beach restoration
pro_sram as permitted by aovernmental aaencies
~t When Dart of a wastewater treatment system as
p_~ed by aovernmental aq~n¢ies havina
· ~, When Dart of a PUblic development plan as
permitted by ~overnmental a~encies havin~
BE~. 3.12.9 EXBI~PTZONS. The provisions of this section shall
not be applicable to any development, structure 9r
site alteration for which a buildina Permit has
been issued or final site development plan aDprov~l
aranted prior to the effective date of thi~
Division as amended bY the first LDC amendment
cycle of the 1993 calendar year.
New language is underlined; deleted lanquage is stricken.
UNDEVELOPED COASTAL BARRIERS
IN COLLIER COUNTY
PASS
PASS'
0
· . ~CCflTAJL
C.~PC ~O~,~AJ,~) lJt~T PiS
3-142A
UNDEVELOPED COASTAL BARRIERS
OF COLLIER COUNTY
WIGGINS PASS UNIT FL-65P
CLAM PASS UNIT FL-64P
WlGGINS PASS UNIT FL-G5P~' L[£ COUNTY
CLAM PASS UNIT FL-64P1
UNDEVELOPED COASTAL BARRIERS
OF COLLIER COUNTY
KEEWAYDIN ISLAND UNIT P16
TIGERTAIL UNIT FL63P
GOROON P ASS
KEEWAYDIN ISLAND UNIT P16
~ UTTU~ MARCO PAS:
· _~ HL:RRICAH£ PASS
CAPRI PASS;
BIG MARCO PASS
TIGERTAIL UNIT FL-63P
CAXAMBAS
" UNDEVELOPED COASTAL BARRIERS
of COLLIER COUNTY
CAPE ROMANO UNIT P-15
CAXAUBAS PASS
BLIND
GULl.IVAN PASS
Staff Side Sheet
LDC page 3-146
DIV. 3.14 yEHICLES O~I THE BEACH REOVLATIONB.
SEC. 3.14.3 EXCEPTIONB~ EXEHPTION CERTIFICATE. All exemption
certificates to allow operation of vehicles on
~Qunty beaches shall expire on APril 30th. of each
y~ar. %Q ~oincide with the be~innin~ of sea turtle
nesting $~ason. Ourin~ sea turtle nesting season.
MaY ~ ~.rou~h October 31st. of each year. all
~×emDtion certificates shall be sub4ect to Sec.
~t~4.6 of this Division.
3.14.3.1 ~-~ Sheriff, City, State and Federal Police and Game
and Fish Commission vehicles operated or authorized
by officers of these departments operating under
orders in the normal course of their duties shall
be exempt from the provisions of this division.
3.14.3.2 ~+ Vehicles which must travel on the beaches in
connection with environmental maintenance,
conservation, environmental work, and/or for
purposes allowed by Collier County Ordinance No.
89-16, providing that the vehicles remain
stationary, except to access and egress the beach,
shall be exempt from the provisions of this
division if an Exemption Certificate has been
obtained from the Development Services Director of
Collier County, Florida, or his designee, and said
Exemption Certificate is prominently displayed on
the windshJ.eld of such vehicle. The procedure for
obtaining such an Exemption Certificate shall be by
application to the Development Services Director in
writing stating the reason or reasons why it is
necessary for such vehicle or vehicles to be
operated on the beaches in connection with an
environmental maintenance, conservation,
environmental purpose and/or for purposes allowed
by Collier County ordinance 89-16, taking into
consideration the vehicular use restriction
previously stated as a criterion for an exception,
an4 Exemption Certificate for such vehicle or
vehicles shall be issued by the Development
Services Director if the Development Services
Director is satisfied that a lawful and proper
9nvirQDmental maintenance, conservation,
environmental purpose and/or purpose as described
above and allowed by Collier County Ordinance No.
89-16 will be served thereby.
3.14.3.3 ~ Baby buggies (perambulators), toy vehicles, toy
wagons, wheelchairs or similar devices to aid
disabled or non-ambulatory persons shall be exempt
from the provisions of this division.
SEC. 3.14.4 ?ERMIT FOR CONSTRUCTION.
Prior to beginning construction in proximity to a
sand dune for any purpose whatsoever, including
conservation, a temporary protective fence shall be
installed a minimum of ten (10) feet landward of
the dune. It shall be unlawful to cause or allow
construction and related activity seaward of such
fence. Each permit for work shall clearly indicate
the provisions of this Code and the protective
measures to be taken and shall be subject to the
prgvis~ons ~ Sect~oD 3,~4.6 of this division.
1 357
New language is underlined; deleted language is stricken.
LDC page 3-146 cont'd
$ · 14. ~ BEACH RAKIHG AND MEChaNICAL BEACH .CLEANING
~ Beach raking and mechanical beach cleaning shall be
prohibited on undeveloped ~gastal barriers.
3.14.5.2 Beach rakigg and mechanical beach cleaning shall be
subject to the Provisions of Sec. 3.14.6 of this
3.14.5.3 Beach Rakinq and mechanical beach cleaning shall
not interfere with sea turtle nesting, shall
preserve 9r.reDlaGe any ~ative vsgetation on the
site. and shall maintain the natural existing beach
profile and minimize interference with the natural
beach dynamics and function.
3.14.5.4 Beach raking and mechanical beach cleaning devices
shall not disturb or penetrate beach sedim~Dts bv
more than the minimum depth necessary, not to
exceed one inch. in order to avoid a potential
increase in the rate of erosion. In cases where
the one inch depth is not sufficient, a maximum
depth of two inches, as allowed be the D~p~rtment
of Natural Resources. will be permitted where
approved in writing by the Development Services
Director.
3.14.~.5 ~eaw eguiDment shall not be used to conduct beach
raking and mechanical beach cleaning. Light-weight
vehicles havin~ wide. low profile, low-pressure
tires shall be used to conduct beach raking and
mechanical beach cleaning operations,
~C. $.14.~ OPERATIO~ OF VEHICLES O~ T~ BEAC~ DURIN~ MARINE
TURTLE NESTLING SEASON. The operation of motorized
vehicles, including but not limi~ to. any
self-propelled, wheeled, tracked, Or belted
conveyance, shall be prohibited on coastal beaches
above mean high water durin~ sea turtle nesting
season. May 1st to October 31st. of each year.
except in gases of law enforcement, emergency, or
conservation of sea turtles.
· 3.14.6.1 Beach rakin~ and mechanical beach cleaning durin~
sea turtle nesting season. May 1st to October 31st.
of each year. shall be confine~ to th~ arga of
beach below mean high water or previous high tide
mark and only where a State certified sea tutti-
monitoring program is in place and shall b-
performed only after daily sea turtle monitoring
has b~eD coDducte4, b¥ a State certified sea turtl-
permit holder,
New lan~aae i~ underlined~ deleted language is stricken.
Staff Side Sheet
LDC page 5-3
DIV. 5.2 PLAN~ING CQ]~ISSION.
BEC. ~.2.3 CO~}{ISSION )~EMBERSHIP.
5.2.3.4 ReaDDointmel~ts. Ail reappointments to the Planning
Commission shall be made so as to achieve the
following g(~ographical distribution of membership:
One member -. County Commission District No. 4
(city of Naplcs)
Two members - County Commission District No. 1
Two members - County Commission District No. 2
Two members - County Commission District No. 3
Two members - County Commission District No. 5
{-~ (one frgm I~Qkalee)
New language is underlined; deleted language is stricken.
.: Staff side Sheet
LDC page 5-7
DIV. 5.3 BOARD OF ZONIN~ APPEALS.
8~C. 5.3.2 POWERB AND DI~TIEB.
5.3.2.2 To hear, review and approve, approve with
conditions, or deny appeals from admini:trativc
~e~ interpretations m~de bv the
DeveloDment :~ervi¢~s Director or the Long Ranqe
Plapning Dir,~Qr or administrative decisions
9ertaininq tq the Growth Management Plan, the
Future Land Use Map, the Land Development Code, or
the Official Zoning Atlas by the Development
Services Director or the Long Range Planning
Director or their designees.
New language is underlined;~ deleted language is stricken.
Staff Side Sheet
LDC page 6-4
AcosDtablP_monitor means a~%v Derso~ that is acceptable to monitor
alteration or trimmin~ of man~roves un~r Florida Department of
Natural Resources standard~
"Alter,' or "Alteration" means to cut, remove, defoliate, or
otherwise destroy man~rove~
Coastal Barriers means barrier islands.' sDits, peninsulas, or
similar land-forms, includin~ the Gulf of Mexico. or Straits of
Florida which separate estuaries or harbors from the open waters
of the Atlantic Ocean, Gulf of Mexico. or Straits of Florida.
Rule 9J-5.003(12~. F.A.C.
Coastal Zone means all lan4 and territorial waters west of SLOSH
~one 1 line OaDDroximatelv U.S. 41. for most of the Countv~
includin~ water and submer~ed lands of oceanic water bodies or
estuarine water bodies; shorelines adjacent to oceanic waters or
9~%uaries: coastal barriers: li¥in~ marine resources: marine
wetlands water-dependent facilities or water-related facilities
on oceanic or estuarine waters; or public access facilities to
Q~eanic beaches or estuariD~ shorelines: and all lands adjacent
~Q SUCh Occurrences where d~eve~opment activities would impact, the
inte~ritv or quality of the above.
DpveloDe4 Coastal Barrier shall mean anv coastal barrier that is
not an undeveloped coastal barrier as defined herein.
Development: Has the meaning given it in Sec. 380.04(1}, Fla.
Stat. [SEE DIV. 3.15]
Znvironmsntall¥ sensitive ~ea means unique uplands, wetlands.
and anv natural area which would be adversely imDac%ed ~¥
development.
Fastlan4 means that Dortio~ of a coastal island above the uDDer
limit of tidal wetland vegetation, or. if such ve~etatio~ is not
9resent, that Portion of the island above the mean high water
line, This area does not ~lude interior wetlands.
Man,rove or man~rove tre~s shall be defined as any O~ ~he
followin~ species: red maD~rove (RhizoDhora man~le~, black
man~rove (Avicennia ~erminans),white maD~rove (Lauuncularia
racemosa}.and bqttoDwood (~onocarpus erectus} (re~erence ~CM~
definition ~0, Wetlands).
~ea~rass or Sea~rass Bed Any intertidal or submer~ed estuarine
or marine habitat that is or could exDected to be at l~ast 20%
~overed durin~ the ~rowiD~ season bv any combina%ion Q: the
followin~ plants: turtle ,=rass (Thalassia ~estudinum~. man,tee
~rass (Svrinqodium filifo~me~, shoal ~rass OHalodule wrichtii).
widgeon ~rass (RuDoia mari~ima), and anv species of HaloDhila.
Tri~u~in~ beads ~e~eGtive prunin~ of man~rove limbs smaller than
one inch in diameter or three inches in circumstance that does
not prevent the tree from ~rowin~. flowerinc, or develoDin~
DroDa~ules. however, roots, includin~ DroD roots and
DneumatoDhores ~ay not b~ disturbed and chemical defoliants ~re
not allowed~
UndevaloDgd cgastal Barrier shall mean:
1. Coastal barriers which contain les~ than one manmade
structure per 5 acres Of fastland, and human activities have
[l l 3'6!
New language is underlined; deleted language is stricken.
Staff Side Sheet
LDC page 6-4
not significantly affgcted natural GeomorDhiC and ecological
processes, allowinq the area to function naturally, and
PrOVided that the ocean side of the barrier island is at
least 1/4 mile lonG.
2. For the DurDoses of DiV, 3.12. undeveloped coastal barriers
include those areas ~leDicted on the maps produced by the
United States Fish and Wildlife Services CUSFWS~ Pursuant to
the Coastal Barrier Improvement Act. PL101-591, which
supersedes all previous map~ prepared by the USFWS. and shown
in this Division,
New language is underlined; deleted language is stricken.
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 copy of:
Ordinance No. 93-37
which was adopted by the Board of County Commissioners on
the 29th day of June, 1993, during Special Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 2nd
day of July, 1993.
DWIGHT E. BROCK .~..\..\%i%j ,,.
Clerk of Courts and Clerk>'. · ·
'~ Ex-officio to Board of .'x · /.. ..
· County Commissioners 3'.' ; '"
~y: /s/Maureen Kenyon :' ..
~ Deputy Clerk
.,11'