Ordinance 93-89 AN ORDINANCE AMENDING ORDINANCE 91-102, THE
COLLIER COUNTY LAND DEVELOPMENT CODE, ARTICLE '~'
ONE, GENERAL PROVISIONS; ARTICLE TWO, ZONING;
ARTICLE THREE, DEVELOPMENT REQUIREMENTS;
ARTICLE FIVE, DECISION-MAKING AND
ADMINISTRATIVE BODIES; AND ARTICLE SIX,
DEFINITIONS; 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.
Whereast the Land Development Code may not be amended more
than two times in each calendar ~ear pursuant to Section 1.19.1e
LDC; and
Whereas, this is the second 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, onilApri'l 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, the Collter County Planning Commission in a manner
prescribed by law did hold a public workshop on October 14, 1993
and advertised public hearings on October 21, 1993, October 27,
1993, and December .~, .~993 concerning these amendmen=s to
LDC; and
Whereas, the Board of County Commiss~oners in a manner
prescribed by law did hold advertised public hearings on November
17, 1993 and December 9, 1993 and did take action concerning
these 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 ~OARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION 12 RECITALS
The foregoing recitals are true and correct and incorporated
by reference herein as if fully set forth.
SECTION 2:z:, 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 seq., 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.C~After~Adopt.ion 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 developmen~A re~ulations 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. ~63.3194(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
be construed to encourage the use of innovative land development
regulations.
6. On January 10, 1989, Collier County adopted the Collier
County Growth }~anagement Plan (hereinafter the "Growth Management
- 2 -
Plan" or:~"GMP'') as its Comprehensive Plan pursuant to the
rsq~irements of Sec. 1634.3161 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 shall be consistent with such
Comprehensive Plan or element as..adopted.
8. Pursuant to Sec. 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. 16~.3194(3)(b), Fla. Stat., requires that
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 ~he
objectives, policies, land uses, densities or intensities An the
Comprehensive Plan and if it meets all other criteria enumerated
by the local governmgnt~.
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 publ~ 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 Development Code
preserve,, prom~e, 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, eewerage,
schools~ parks, recreational .~acilities, housing, and other
requirement~ - and services; conserve, develop, utili'ze,, and
protect' natural resources within 'the Jurisdiction of 'Collier
County; and to'protect ~uman,.environmental, social, and economic
resources; and maintain, through orderly growth and development,
the character and stability of present and future land uses and
development inCollier County. :
''12. It is the intent of the Board of County Commissioners of
Collier County. to implement the Land Development Code in
accordance wit~- the provisions of the Collier County Growth
Management Plan, Chapter 125, Fla. Stat., and Chapter 163, Fla.
Stat.,-and through theseamendments 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
remaining portion.
SECTION 5: EFFECTIVE DATE
This Ordinance shall become effective upon receipt of notice
from the Secretary of State that thie Ordinance has been filed
- 4 -
with th~ Secretary of State.
PASSED AND DULY ADOPTED by the Board of County Comm~ssioners
1993.
DATE: '' BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
,D~T~GHT E~.. iBR0.CK BY~
: ". ' W .'~¢'~ BURT L. SAUNDERS, CHAIRMAN
/i~GAL': SUFFICIENcy .
':.?,, ~i";'... ~ "'
, MARTHA L., NEBELSIEK
ASSISTANT COUNTY ATTORNEY T~Is o.~lno~ tll~.d wl~ ff~
- ~ .~e~tary of $ t~'$ Offic h
and ecknow'ed~ement of that
064,, 225
EXHIBIT A
- 6 -
1-15
1.7.9 ~HXTATION ON DETERM~N&TION OF VESTED R~Oh~.. A Dete~min&tion of
vested rights shall expire and be null and void unless sither 1)
construct£on is commenced pursuant to a final development o=der,
final eubd£vision plat, or final s£ts development plan, within two
(2) years after the llSUancl of the dete~mination of Veltsd rightl
under thio Division, ore 21 whe~ -=n~==~ substantial permanent
buildings have been, or ars bs£ng constructed or init&lied
pursuant to & valid, unexpired, final development order of Collier
County within two (2) ysarl after llsu&ncm of the dstsrmin&tion of
Velted rightl under thil DlVlliOflTj In e{ther cameL e~l much
development, whether pUrlU&nt to s fin&l dlvslol~nlnt order, final
eubd£vlsion plat, or fins1 s£te dsvslop~nsnt plsn &e ~
shell continue in good faith ~
aforementioned two (2) year time limitation on the detsrmin&tion
of vested rights sh&ll bi stayed dur£ng any time plriOdl within
which commencement of cons~ruction pursuant to & final development
order, final subdivision plat, or final sits development plan ie
prohibited or deferred by the County solely si & result of lack of
Cods.
'Dslsts stricken language; add underlined langu&gs.
, ~ ~ ~,.~ I I I II II III III IIII III I I
LDC Fags 1-19
1 · 8 · lO I~ti. COI41~OR,~4T~O STRUCI~JRES,
~ere a .truc~ure lawfully exl.~ ~ ~ ~ a~ the
~en~ent that could not bi bu~l~ under thil Code b~ rlllOfl Of
reetr~c2~one On lot area, 'lot coverage, height, yards, locatLon on
the $ok, or re~remen2s other than use concernLng the et~cture,
such structure may be continued .o long as Lt rema~n, othe~Lee
la~ful, subject to the roll,Lng
Delete stricken language/ add underlined language,
T-DC l~age 3,-20
1.1o10.3 Ihould such non-conforming structure og non-con£o~ming ~r~Lon
titty percent o~ ltl actual replacement colt at time of
destruction, Ii dete~mined by & COlt-iltimatl submitted to the
Site Development ~evie~ ~ Director, it Ihall not be
reconstructed except in conto~mit¥ with pcovi.~on, oZ thi, Zoning
Code.
1.8.10,4 Non-conforming =eliden=Lal ~iructu=e., which to= the pu~.. o~
=his section shall mean de~ached e~ngle f~1y dwellings,
o= mobile homes In exie~ence a~ the effective date of th~e Zoning
Code o= ~e relevanC amendmen~ and ~n continuous ~te~den~ll~
~he~eafce~, ma~ be altered, expanded, o~ replaced u~n
race, sedation of C~e Collie= County Planning Com~seion and
approval of the Board of Zoning Appeals by
Hotwithetandino the foreaoin= relt;ictionl al to reconet~ction.
anv residential structure or it~ucture~ in an~ relidential gone
o~ec a=olLcable district retirements shall be met unlesl,,i
~arLance there~ote ~ obtained ~rom the Board of ZonLno
For tbs outdoes of this Division, a betel, motel, oc boa~el shall
be considered to be a residential
Since t~e size and n~uce of the ~ltetatLon~ expansion oc
cepZacemen~ of such non-confo~ng i~ctu;ee may ~a~ vLdely~
IiCI plan, and It applicable, prelimina~ building plans
indicating t~i p~opoeed ilCe~ation, expanIlOn o~ replIc~nt
be preIented with each pet~tion. P~lo~ to g~anCing IUCh
llte~ation, expansion o~ ~eplaciment o~ I non-con~o~lng
f~ll~ dwelling, duplex o~ mobllI h~, thi Piannin~ C~iiilon
and tbs Board o~ County Co~lssione~i Ihali coniidi~ and baIe
approval on the following ItandardI and c~lte~ial
Delete Itr£cken language/ add undeclined language.
LOC Page 3.-23.
[.8.11.1. Issuance and Re-issuance of Rulldino Permits when Multi~le Noblle
gOneS are ~ocated off a Sisals Parcel of Land.
~ere auecifiC zonino districts oermit mobile ho~e development and
enid landa have been svbstafltiallv develooed ur[or to the
~ffective date of this Code with multl~le mobile homes under
IL~oular ownershio without an aooroved site development ~lan, as
re'av£red bv Div. 3.3 of th~s Code, no further bulldino ce~mits for
the ~acement o~ ~e-olacement of ~ob~le homes may be obtained
except as deC,ned be~. .
~,~.11.1.1 Habile ~ome ReolscemenC, Prior to issuance o? any build[no
~9~ [~lacement si a mobile home, the o~o~e~tv ~ne~ ac authorized
~q~t shall orov~de the S~te Oevelo~ent Rev~e~ O~ecto~ o~
deo~nee~~it~: three co~es' a-'o~ scaled d~aw~na o~ the
~arce~"~hich
l:;: ' Proo~' of 8uildino Permit issuance loft s~ruc~ure be~na
replaced. ·
~.-' The ;loc~h 'of 'thg' '~tructure to' be ~eOlsc~d' and
~ --' re~onshio tO'adYacen2 mob~Ie'ho~es and ~arcel:boU~dariee.
for any additional mobile homered, the aool~can2 or authorized
aoen~ ehal.'[ obtain' a'-SiCs .Develo~en~' Plan. consistent with
~y~l~O~' 3,3 of the Land Oevelo~en~ Code. As oarC se CRc
a~l~ca~[on, build[no oe~[~ numbers of all ex,erisa mobile h~ee
~,e,~,~,3 "tn no case ehaZi ~Be-ie~uanbi:.or.Y~e;[d'euance .o~ bulldlno
cause'the dene~v'.of.the'ivb~ec~ ~rcel ~o exceed ~haC ~r~ided
~h~-,dvneiCv.'ratln~'~st'~ of'the. ~h .Hana~nt .Plan or-
~okalee:Fu~ure Land' Uae Ha~. exce~ as may be ~rovided In Sec.
1,8,10,4 of this Code.
i: 06, 230
~0OK
LDO Page
On any flofl-con~o~Lng or.etude or ~rt~ofl o~ a I~CCUFI and
· n~ e~ruc~ure cont~LnLng · non-eon~o~Lng uso, ~rk may be done Ln
any perLod o~ twelve {12) conmecutLve monthe on ordLn~ repaLro~
o= off =opaLr or rep~acemon~ o~ nonbearLflg wa~.~ ~Lxturee; w~rLng~
o= p~u~ng Co an exCen~ no~ exceeding ~wenCy (20) ~=cen~ o~
current aseeesed va~u~tLon O~ the o~ructure {o~ o~
non-con~o~ng port,on o~. the structure ~f . a flon-~onto~Lng
~rtion o~ · etrpctu~e Xe. Xnvolved), provided thaC the
content, o~ the. structure ex~ltXng at the date X~.
non-conJo~Xng ehall not be Xnc~eaee~ except eub~ect fu~her to
,...,..:.. the.exceotion ~rovEde~ at 5ec. 1.8.10, herein.
LDO page ~-23
Tho prov~s£oflm of th~m Code shall be enforced by (1) the
County Code Enforcement Board pursuant to tho luthoFLty gFmflted by
sec. 162.01 e~. geq,~ Fla, S~a~.; (2) by ~ho Boa~d o~ County
Co~ssLone~s through L~f au~horL~y ~o en~oLn and ~es~raLn any
person vLola~in9 ~he Code~ or (3) by Collier County ~hrough
prosecu~Lon of viola~ions Ln the name of the S~a~e of
pu~suan~ ~o ~he au~horL~7 granted by Sec, 125.69~ Fla. S~a~,
wa~ora~ o~ s~ruc~ures affected by ~h~s Cods and ~o Losue c~a~Lonl
for v~ola~Long,
1.9,1.1 The ~lrm County Hanage~ am used ~n ~hLs Code shall mean ~ho County
Hanager or bls demLgnee,
IRC. 1.9,2 VIO~TION.
g~enever~ by ~ho provis~ons of thLs Code, ~he p~rto~aflco o~ any
ac~ Lo re~l~od~ o~ tho performanco of ~ny ac~ ~s p~oh~bL~ed~
whonever any ro~l~tion oF l~a~on Lo ~sod on ~he uso o~
develo~en~ o~ any land or w~er~ or on ~he e~oc~Lon
o~ruc~ure~ ~ ~a~lure to comply w~th such provLsions sha~l
constitute i v~ola~ofl of ~h~s Code.
SEC. 1.9.3 co~l~s REOARDZNO
~henever ~ v~o~at~on of ~h~s Code occurs, or ~s alleged to hays
occurred, any person may fLle a complaLn~. Such c~pl~Ln~
fully t~o causes and bas~s thereof shs~l bo f~led
the County ganager. The County Hanager~ o~ bls des~gnee~ sha~
record proper~ such compla~nt~ ~nvest~Vate~ and take action
thereon as provLded by th~s Code. He shall maintain as · ~bL~o
record~ ~n h~s o~f~ce~ the d~s~s~t~on made of the complaint.
Any o~er, tenant, or occupant o~ any land or gt~cture,
thereof, and any architect, engineer, builder, centrals,, or any
other a~efltr or other ~rson, ~, or cora,at,on,
~nd~v~dually or through Lts agents, employees, oF ~nde~ndent
contractor, v~olate, the provisions o~ th~s Code, or who
participates ~n; ans~ste, d~rects, createe~ o~ ~nta~n8 any
be held responsible for the v~olat~on and be sub,eot to the
penal~e8 and remedies provLded here~n or as o~he~oe provided by
s2atu2e or ordinance.
:'?'/"Dellti' ltC~cken lan~age~ add underlLned lan~agl.
p~OCEDUR~S UPON DZSCOVERY OF VZOL~TZOgS,
Upon the deteFmLnat£on that any prov£a£on o£ th£a Code La beLng
v£ol&~ed, the County Hanagac sc hLI del~gnee, before prolecut£ng
a&~d v£o~at£ons be~ore the Code En~o=cement Boa=d, shall sand a
requested o= by hand del£very to the person(s) respona£ble for
such v£olat£on, £nd£cat£ng the nature of the v£olat~on and
o=dar£ng the ect£on neceaaa~' ~o coo=act £~. ~dd£~£onal
not£cea may be aen~ a~ ~he County Hanage~'a
The wr£tten not£ce shall a~a~e the ac~Lon the County Han~ge=
intends to ~a~e, £~ ~he v£olatXon La not co~racted an~ shall
adv£ae that ~he County ~anage~'a orde~ may be appealed ~o the
County ~anaga~ or h£a designee.
~e~o~e a viola~on o~ an2 o~ ~he p~ovL~ons o~ ~hL~ Co~e
p~oaecu~e~ ~e~o~e ~he Code En~o~cemen~ ~oa~d, w~en no~e
aervicad ~M ~he Coun~ ~a~ager o~ h~a deaLgnee acco~dLng ~o
~e~l~amen~a o~ O~d~namce Ho. ~2-~0. as may amended ~rom ~lme
~me.
X~ ~he v~ola~on l~ o~ a na~u~e ~ha~ A~ ~an Me co~e~e~ M2 an
O~AcLal ~on~ng ~laa ~em~en~ o~ ~h~ough ~he g~an~lng o~ a
variance, ~he County A~Ln~e~ra~or ~s au~ho=~zed ~o 8ue~fld
enfoFcemen~ scalene ~ndLng ~he outcome o~ ouch
provLded ~ha~ ~he ps=son{o) =es~ns~ble fo= ~he v~ola~on ~Llo
approp=~a~e application fo~s ~o= O~c~al Zoning A~la. ~en~en~
o= va=ianco hea=~ng w~h ~he County Hanage= w~hLn ~en (10)
calends= dams o~ ~ho =ece~p~ o~ no~ce o~ vLola~Lon. Xf ~he
outcome o~ an Official Zon~ng A~lao ~en~efl~ =e~eo~ o= vaF~ance
ra~es~ does no~ =emedM ~he vLola~lon, ~he ~=~on(o)
fo= ~he viola~on shall have fifteen (15) calendar days ~o
~he viola~on, unless granted an eX,ShaLOm by ~he County Hanage=
as .e~ forth above.
Xn cases' whe=o delay ~uld serLouoly ~hFea~en ~he effec~Avo
enfoFc~en~ o~ ~hLo C~e oF ~.e a dango= ~o ~ho ~blLo
· afe~, o= goneFaX wel~aFe, ~ho County Hanage= My geck
enfo=c~en~ ~hou~ pFlo= w=~en no~ce by LnvokAng any of
=emed~es contained In ~hLg Coda oF o~he~Lso provided bM
LDC paqe
1.~.*.5 ffithholding the issuance of any Construction Plan approval,
: Building Permit, Certificate of Occupancy, or inspection by the
County/
l.f.l.t Requ£ring replacement by the property owner o£ any vegetation
~ removed in violation of the land alteration and landscaping
~ regulationa or in violation of any permit issued under the Code~
tncludtna correct,ye measures pursuant to gee. 3.9.6.9, i~
Delete stricken language/ add underlined language.
m
LDC page 1-2& aupplement 7/93
].~,~plecsmant trees sh&l~ be o! mu~lc~ent a~se end quantity to
replace the E)B)i Inches removed. At the tkme o~ pIant~ng,
Fep~acemen~ tree 8ha~ have i mLflLmum caX~peF o~ one and one
(~ ~/2) ~nches Ind~ m~nLmum heLght o~ seven to e~ght (7-8) ~eetl
And
X.9.8.7 Recovery o~ attorneys' ~eem, ex~e~t v~tneom ftel~ &nd costa,
~ncXud~ng thom. on a~eaX, ~ncur~ed by the County for Ln-h~ae
A~X 4~n~stFat~ve dec~m~onm concerning tho ~smumnce,
"-~ ...... ';'.'iumpeno~on, oF stop wo~ oFdeF~ OF other Flmed7 ~FtaLnLng to
.~.;...Buk~d~ng Pe~kt,, ceFt~catem o~ occu~inc), ~eve~o~ent
:':'. .J..:'.'?'~e'mt&ted Ln o~Lc~aX wF~ttq, not~ce sent b~ registered maLX to
-? .... ~:~' ~t applicant. Doc~m~ons o~ the County ~anage~ may be
.,):~:.:,.-.~ppeiX~ to the Boa~d o~ County Co~LsmLone~m.
..' ,'.ordLnance, or regulation o~ CollLer County ouperseded by th~o
"" ..:...-Code, which prosecution was pending a~ ~he offoctLvo date of
'-' Code, or any prosecution whLch may bo begun ~Lth~n one (~) year
after the effective date o~ th~s Code, Ln conso~onco of any
".'" '=~'=?~v~olat~on of any prLor Code, ordinance, or re, lateen su~rsod~
...:-..::.V~erebT, ~h~ch v~olat~on ~as co~ted pr~or to tho o~octLvo date
of th~s Code, shall be ~r~ed and doke~Lned exactly an ~ such
. pr~or code, ordLnanco, or regulation had fist been su~rsedod.
SEC. X'.9,1L.-. 'APPE~ OF ADN]NXST~TI~
_. .... Appeal of an7 l~n~s~rat~ve decision o~ tho County Hanager or
designee no~ remedied by Sec. ~.9.9 heFnLn shall bo ~n accedence
":-; . ~th the procedure set forth ~n Sec. 1.6.6 for appel of
"1[':: ;".-;.~ntorpretak~ons and shall bo reviewed by tho Board o~ ZonLng
~elt~t~b[-llfl~uago; add underlined language.
..~......j. f/'~..~. · ,.
LDO ~age 2-S
IEC. 2.1.1S PRORIBZTED US~S A]~) S~RU~ES,
~. Any u.e or structure not .pecLf£ca11¥ perm£tted In & zoning
dLst~£ct as a permitted use, cond£~Lonal uae or use aXlowod
by ~easomablo lmpl£ca~£on shalX be p~oh£b£~ed £m such zon£ng
d£str£ct. ~gads[de sales shall be mroh[b~ted In all zomina
~8~r£cto unless a temporary use ~em~ amd a~rooria~e
l£censes have been obtained.
2. The s~oraae, d£s~lav, or sale of any ~emso
ma~er[al~, or Groduc~s w~e~her ~n~ohed or unf~n~uhed.
~oceoaed o~ natural, w~hLfl ~bl[~ ~lQh~-o~ay. aha~
3. The u~o~aae, d~s~Xav, o~ .a~e o~ any l~emm.
~he no=ma~ oDe=at~ofl o~ a ~e~anon~ o~Fuc~u=e au~hoF~ze~ by
~he Co~l~eF County Land Develo~en~ Code shal~ only bo
3. Rete£1 melem of fresh, unorocessed agricultural prodvctml
gr(~n pr£m&r£1¥ on '.the. property and ~ mub~ect to a
review of traffic .circulation~ oarkin~, and .safety concerns
vorsuant ko the [u~lssion of a s£te lmorove~en~ Plan al
~rov£ded for in Section 3,3,5.1.
Dele~:e stricken lsngu&gel add underlined language.
:". ~
i. ~.*. ~o,,< 0§4,,~ 237
,.,
LDC pa~e 2-9
IKC. 2,2.2 Rgral Aar~culture DLstrict (Al.
2.2.2.2.2 Uses Accessory to PeFuitted Uses.
Uae of A a mobLlo home 0~ a residence ~ ~.:~ ~e~
co~u~c~om ~ ~h bofla fide ~ ~
a. The a~o~am~ shall suhmL~ a commle~ed am~l~ca~o~
~he S~e Develo~en~ ~ev~e~ ~rec~or, or h~. dear*nee,
for a~D~ova~ g~ ~, ~e~porarv use Derm~ to utilize
mobL~.~qm~ ,~ a residence in con4unc~on with a
fide co~ercial aoricul~ural activity as described in
Sec. 2.~t2.2.1 {2,{. Included wl~h ~hil luuliCl~lO~
shal~ ~ I ~gnce0~ual ~1o~ elan of the sub~ec~
deoi~q the..~ocation of the oromosed mobile home~ the
distance of the oroooeed mobile home to all oro~ert~
lines and existina o~ oro~sed structures: and.
location, ac~eaae breakdown, tvoe and any intended
Pb~q plan fo~ ~e bona fide aaricultural activity.
b. The receiot of any and all local, state, and federal
oe~lts reouired for the aarlcul~ural use a~/or ~o
plac· ~ ~9~Lle home on the sub~ec~ site includin=.
not limited ~o. an a=ricul~ural clearino
buildino ~rmit~s), ST oermits, and the like.
.T~. use of the mobile home shall be ~l~ted on a
temoorarv basis only. not to exceed the duration of
~ona fide co~ercial aarlcul~ural activity for which
mgbile h~e Is a~ ~99esso~ use. The initial t~ra~
Years. and may. u~n submlss~gn of a ~r~tten re~es~
O9~om~an~ed. by the a~mlicable fee, be renard anfluallv
thereafter mrov~ded that there Is continu~no o~erat~om
of the bona fide co, arc,al aoricultural act~vit~es.
)elete stricken language~ add undo=lined language.
,ooK238
,'-~,~ ·oricultur·l activity. · trlgt of land · minimum of five
'~i~'~ fa! ·ores in size. ~n¥ ~ro~rtv l¥inn within ~vbl£o road
~' '" rights-of-way shall not be included in the minimum
acreaae calculations.
e. ~ mobile home. for whLch a temvorarv use ~ermit in
coniunction with a bona fide commero£al aaricultural
actLvitv Ls reaues~ed, shall not be lo~ated closer than
one hundred feet ~100'~ from any County hiahw~y
riaht-of-wav Il'ne. two hundred feet f200°1 from any
state hiahwav riaht-og-wav, or five hundred feet
from any Federal hiahwav riaht-of-wav line.
Delete stricken languagel add underl£ned language.
T~C pegs 2-9; 2-10
Izc, :2.2.2 ](h~lr&l Aqr~Lcull~.ure Diltr~c~ ~.
2.2.2.3 Conditional Uses. The fo~low~ng ulel ace ~egm~C~ed &l cond~c~,
i~lndmrdl and procedures established ~n D~v. 2.7.4.
1~4. Ve~er~nar~ Clinic.
l~S. Group care ~ac~l~el ...
1~6. Golf Courlel ...
167. O~1 and gal ~eld ...
198. S~r~l ~nltruck~onal ...
~lg.s~rt~ng and recreational ...
2~. ~eta$1 plant n, rler~el...
2~1. Xlphalt$c and Concrete Batch Hak~ng Plante ~
lvy--;;-;k;v ...-..*..,-'-' ......... r------ lUbJlCt tO the ~oll~ng cond~t~on8~
a. ~,phalt~c or concrete batch making plant~
pe~tted ~thln the area designated ~gr~cultural
~. on the ~uture Land Use Hap of ~ the
~. Delete ,tr~cken lanquage7 add underlined language.
LDC page 2-9/ 2-10 cont'd
2~2. Cul~ucal~ gduca~AonaX, or recgea~£onal ...
language/ add underl£ned language.
LOC page
2o2.3.&.3 MLnimum Yard Xe~/rements.
1. ?ron~ Yard. Seven~¥-£1ve £aet {?S').
2. S£da Yard. Thirty feet (30'), except for legal non-conformLng
lo~a of record, whLch are non-conform~fla due ~o /nadeauate
~en percan~ (lOt) of the v£dth of ~ha lot, not to exceed ·
maximum requ£rement of ~hlr~y fee~ (30').
3, ~ear Yar~. Saven~y-f~va feet (75°}.
Delete atr£cken language; add underlined language.
LDO page 2-18
2.2,S.4.3 ~LnLmum Yard Reauiromen~l,
o~ at leaet ~£f~een flS~ acre. in gize. the RSF-3 mtnimum
yard re~uiremen~s aha~ a~v.
Delete ~.c".:~:c. language/ add underlined language.
LDC Page 2-20
1. ~ul~£ple-~am£1¥ d~'e~l£nge.
2. Townhoulae, lubJec~ ~o ~he prov£e~one of Sec~£on 2.6.36.
3. Duplexee.
~ 4. SLnvle-~mnLl¥ dwelling un£~e for ex£e~£ng non-con£ormLng lo~e
~ eub4ec~ ~o BAa RSF-6 d£mene£onal e~andarde.
$. ramLIy Care Fac£1i~£ee, eubJec~ ~o Sec. 2.6.26.
Delete eCricken'languagel add underlined language.
[,DC page 2-20
2.2.6.&.3 HLItLBu, Yard Rea~lremsntSo Th:L~ty £eet (3Q') ~th one ~ (1')
wino o~ a .~ructure.
2.2.7.4.3 ~in~nun Y~ ~t~trenen~s. Thin,y-five fee~ (3S'1 plus one foo~
(1') loc e~ch foo~ ovec f[~y foe~ (SO') Ln heLgh~, as measured
from each ex~eF[oc wal~ o~ wino of a
1.1.8.4.3 Minimum Yard Re~lrementt. FLaky-five ~rcent (SS~) of the
build,nv heLgh~ as measured fr~ each exterior wall or wino of a
structur~ with ~ mLn~um of twenty fe~t
~'/'-Delete stcJ. cksn language; add undm:l£nsd language.
Z,DC: PaVe 2-27
1. HobLle Homes.
2. F&mLI¥ Care FacllLtiea, aubJeot to Sec. 2.6.26.
3. Rec~eational VehLclea (R.V.) as ds£1ned In the TTRVC
for those areas zoned MHTT or HM~F prior to
November 13. 1991. in accordance wL~h an &pp=oved Nests=
Development Pl&n delign&tLng IpecL£io areal £o= R.V. Ipaces.
The Dsvelopmen~ l~ind&cds of the TTRVC D£1t=ic~ (excluding
Xo~ ILze and are~} ehalX apply ~o ~he placemen~ and Ulee
2-29
An owner may. subject to the aooroval o~ the Board o~ ~'~''~_~
~omm£ssioners. orovide a cash contribu~On l~ lieu o~ on-s£te
shelter facilities in In a~unt eauivalent to the estimatmd cost
of ~rovidlno said on-site shelter. The Collier County ~meroencv
~anaoement Director shall make an estimate of the cost of on-mite
lhel)er imorovementa and thi, shill a~rve as m ouide in
dlter~in~no the cash contribution v&lum ~n lieu of conmt~uctkon.
Should there be any d~aoreement as to the value of sm~d reouLred
shelter ~morovements the a~licant mmv elmct to ~av the comt~ of
obtainino an independent a~ra~sa1 who shall be retained by the
Emeroencv Hanaoement Director. The independent ao~rmimm1 valul
shall then determine the value o~ the camh-in-l~eu of oa~ent.
$~ld monevs shall be ~1aced la a soecia1 acqoun~ ~nd shall oR~v be
benefit the area fr~ whigh the ~ash-in-liau o~ or~oinabed.
~DC page 2-3~
IZC. 2.2.X2 ~t COI~'I~RCX~q.Ta ~0~'~S~ON~,L DXSTRTCT (C-X~ ~
PROFESSXON~/TRANSXTXO~ DXSTRI~ lC-l/TI.
2.2.12.2.1 Pe~Atted
S. ~roup Care FacSimiLes (Ca~eqo~ I and II)~ Care
except for homeless sheltersl and HureAnq Homes,
subject to Sec. 2.6.26.
2.2.12.3 ~ondit~onal U~t~. The ~oll~Ang use. are ~..~ble
condL2~onal uses ~n the C~ercLal ProfessLonal/Trans~tionaL
D~ltr~ct (C-1, C-l/T), lub~lct tO 2he 12andards and
procedures es2abl~shed ~n D~v. 2.~.4.
S. H~eless shelters, as defined by this Co~
~ <language renaAnl al
~ <language reeaAna aa
~ <language reeaAns aa Aa>
~ <lan~age re~[ns as
~10. *Xan~age re. Aaa as
11. Soum kitchens, aa defXned bv th/e Code,
LDO Page 2-36
2.2.12,2.1 ~.tEl~.t.~l~lJ~.
IS. Any other eo~ae=cial use o~o~pro£essLon&l ee=v£ce, vh~ch £e
that exclusively serve the edm£flietret~ve ee oo~oeed ~ ~
o~erm~ons~ ~unc~Lon~ o~ a b~o~neo., and .~l ~ure~y
associated ~h activities conducted ~n an O~L¢O,
page 2-38
2.2.13.2.1 Pet~uitted
9. Grouo Care rac£11tiea ICateaorv ! and !!~ Care
except for homeless .he~ter.~ and Hu~s£na Homes,
sub,eot to See. 2.6.26.
0-~lO,
<~aaguage reulLnl ~
~ <lzngu/9, remains as
LD~ ~age 2-40
2.2.13.3 CoudL~ona! ~ses. ?ha follo~£ng uses are
condL~£onal usaa £n the
(C-2), sub~ec~ to ~he standacda and procedures established
D~v.
1. Homeless shelters, as defined bv thee Code.
~-,2. <language remains as
3. sous k~tchens, as defined by thLs Code.
· 1:~:'~"'}."' Delete ~ languagel add underltned language.
LDC Page 2-39
2.2,13.2.1 ~Zl£~te4 uses.
16. Any othe= conven£ence comme=c£al use wh£ch £s comparable
natuce w£th the £ocegoLng uses~ ~ncludLno buLldin~v
retail, service and off£ce our~)oses consis~lO~ wLth
~erm£~sd uses and ~ur~ose and £n~ent sta~lm~n~ o~
~C page 2-42
-. ': ~ Grouo Care facilities fCateoorv ~ and ~ Cars ' '.?~
sub~ect to Sec. 2,6.26,
~<language remains as
~10. <languaqe remains as
i~ll~ <language remllns as
11.12. <language remains as
~13. <language roma~n, as
~14. <language release as
I~.:~ <langulge remains is
t~.18~ <language tannins as
I~.19, <language remains as
~20. <language remains Is
~2~. <language remains as
~22. <language remains as
~23. <language remains as Is>
23.~<languag, remains as
~ <lan~sge remains as
~26. <language remains an
~C page 2-43
· . 2.2.~.3 Conditional ~ses. The ~ollo,lng uses aft ~ll~ble
conditional uses ~n tho Co.arc,al Zn~e~ed~ste
H~Iosn shelters, an defined by this Code.
(lan~age ~enaLna an
*lan~age ~enaLnn as
~Xan~a~e remaAns an
*lan~age remains as
*lau~a~e ~emaAnn an
10. Soup kitchens, as dVf~ned by this Code.
<language remzins as
25. ~.n¥ o~.her general c~er~La~ ule whLch L~ comparable ~n
nl~ure vL~h ~he foregoLng uses~ ~n~ludtna bu~dina~ for
'.,' Delete stricken lang~age/ add underl£ned language.
Page 2-42
Accessory to PeruLtted Uses,
£nc~denta~ to the uses peFmLtted aa o~ =Lght Ln the c-3
,'~i, ~-~
.~ .'~ ~ ,
· ~' 'i~ 4~'~'
'.- , '--
!~ ~'~':' . Delete .tr~cken language; add underlined language,
~:' .
~: ,,o~ 064,~254
LDO Page 2-45
3. ~muaamen~a end Xecre&~£on Serv£ce~ - Xndoor4arouo~ 791X-7942,
· . 7991-7993, 7997, 7999} O~doo= - ?999 LncXudLng only
p~l~l end llkll o~e=&~£on~ hOUllbO&~ rental;
~en~al, ope~a~£o~ o£ ~a~y t£ah£ng bo&ks, canoe
::.:, ,"' :' Bolero s~[cken lan~agel add unde~l&ned language.
,o K 064
~. ~*~.. ·
LDC page 2-45
2.2,15,2.l Psr~L~ted Usast
~ncludtne homeless sheltarst and Nu~s£ne Homes,
subtect to Sec. 2.6.26.
~.14. <language remaAna as
t¢-~_L <language ~emaAns
IS.~ <language remains as
~18. <language remaLns
~.19. <~anguag~ rema~na
~20. <XanguaVe reasons as
~2~. <Xanguage Fema~ns
~22. <Aanguage remains as
:~.23,: <~lnguage
24, So~o kitchens, as defined bv ~his Code,
,.:?. LDC page 2-47
~ 2.2,1S,3 Conditional Uses, The £ollo~£flg uses a~e peL~u£~ed as
.,' , condLt~onal uses An the General Commercial D~s~rL~ (c-4},
sub~e¢~ to ~he s~andards and procedures est&bi,shed ~n Div.
2.7.4.
9. Homeless shel~ers, as defined by this Codor
~*10. <language remains as is>
:0.11. Soup k£tchans, as da~£ned by th£a Code.
~q~-rZ2. <language remains as
~13. <language Fema~ns as
~.~<~anguage remains
Z6. Souo k~tchene, as defined by ..... th~
Codo~
add
! '~-~"ii~ il':I~ language, unde~l:Lned language.
[ ~'~ ~.~:'.~: .
.. 06 ..256
2-46
24. Any other general comnerc~a! use which ~, comparable
ri&tore w~th the forsgo£ng UlilT [nclud£na bu£ldinae loc
retl£1, service end office ~r~os,i conltsCen~ v£th th~
oe~n£t~ed Ulll and Lnten~ and ~urc~se Itatemen~ of ~h~
d£ltr/ct.
1, Oeee and structures that a~e n;c:;=~=~ acceosor~ and
LncLdental to the uses pe~mLtted as o~ =£qht Ln the C-4
I~,:~' '
.:r, ~.~,~: Delete ,tcicken lan~age, add u~de~lAned
language,
,o. ~,,~ 258
LDC Page 2-S0
r.~'.~,. 2,2,15~,2.[ Permttted
20, Any ethic heavy commercial uae which le compacable in nature
with the £oregoing Ulel~ [nclud[no bu[ldtnal for
eervLce and offfce ~ur~oeee coneieten[ with the ~rm~t~ed
uses and intent and ~r~oee statement of tho
*.:~j.~,.[. Delete stricken lanquagel add underlined language.
,oo 064
LDC Page 2-50
' ' ~n=~dent~ to ~he uses permitted as ~gh~ Ln the C-5
. ~:,' ...... ..
ccPc Recommend&rios
LpC I)age 2-S0, 51
2.2.Z5 ~/2.3 Cond~.tionl~ U.es. The ~ol~o~ng uil!
conditional uses £n the Heavy Commetc~al DLitrict (c-s),
eub]ect to the ganda=ds and procedures e~tablL.hed in
2~2z4.
?. Homalefl shelters, a. defined bv th£e Codvt
~-r8. <language remains aa is>
0?9. <Xanguago remains as
~10. <hngunge remains as
~0~ Soup k~chens, as defined by ~h~, Code.
tl~ <hnguage re~ains as
~ <language Fema~ns as
~3. Sow k~che~.', as de~ned by ~hLg Code.
~ <language remains as As>
I~C Paqe 2-53
2.2.1~.2.1 ~l
39. Any other use which £l comoarable in nature w£th t.~q
foreaoLna uee. and ie otherwiee clearly cone£1tent with th~
intent end our~oee etatement of the di.trlct.
LDC p~ge 2-55
;:"; : 2,203.6,&,:1. NJ. nj. nun Lo~. Area, ~ ~.".~--~;;-~ ;q-~A,~O0-}' T~art~.v ~:houaand f20,000~
. ~,,%., Iql.lll:'l floP,.
~ ' Delet:e ot:~ricken languagel add underlined language.
,OOK 06~ ~263'
LDO Page 2-64
2.2.20.3.1 Maximum Residential Densities.
· aha~ be guided, In part, by tho Oene£ty Rating System
contained in the Future Land Uso Element of ~he GTowCh
~anagement Plan. Tho overall maximum reeidentia~ density
permissible or permitted In a PUD shall be calc~lated
dividing the total number of dwelling units by the total
gross acreage of the proposed PUD excluding the acreage of
the co~ercial and induotria~ tracts or increments. The
maximum 'density pormlooible o~ permitted In a PUD shall not
exceed the dens try permLssible unde~ the Density Rating
System.
of Cjusterin~ development where density may exceed the n~mber
of units Der acrs othgrw[se allowed over the entirety of the
PUD. e~cemt as fuuther ~rovided for mixed us~ PUD'o. The
density on a Darce~ sp~c~q basL~.~y be the maximum
that have beeD approved for the PUD. relative to each
build in~ Darce~, G~m~rally~ ~us%ered dave loDme~t w~l~
parcel soec~fLC deve%opmemt sha~l utilize a1~ of tbs element~
~ a go.on arch ltectuT91 theme. Ysrd and eoac~n~
re,at lonsh[os between bu[~d{n~s mav varv from the
tradit iona~
intensity of developmen= when l~ has been declaimed
develo~ent to the maximum 'density or ln~ensl~
l~ Sec. 2.2.20.3.1.1 would=
a. Crea~e lnconvenien~ sc unlafe accell ~o ~he PUD, o=
b. Create traffic congestion In the ltreitl which adjoin
lead to the PUD~ o~
Place a burden on parks, recreational areal, ich~ll,
and other fac~lities which larva or are pro.led to
lerVl the PUD, or
d. Be In conflict with ~he ~nten~ o~
prOVlliOnl of the Growth ~anagement Pile, or
e. Ccta~l a threat to property or incur abno~al ~bl~c
expense In areas subject to natural hazards, o~
f. Be incompatible or inconsistent with surrounding
neighborhoods or areas, or
g. Othe~se be lnappropria=e.
Delete itricken language/ add underlined language.
LDC page 2-82
2,2.2&.3.2 Divelo~mant Standards and Xeou[at[ons far &¢$¢-$~. All development
Ordlrl llluld within thl ACSC-ST Arll ihlll comply with or be more
Crit£cal State Concern," es eat forth belowt
Delete stricken language; add underlined language.
LDC P&qe 2-107
~DC page 2-144
or signal0 or be of a alas, location, movement, content, color, or
ll~uminat£on which may be reamonabl¥ confused with or conmtrued
am, or c¢,~ceal, a traffic control device.
2.S.6.14 Slgna, comonly referred to as snipe lignl, made of any material
whatsoev~r and attached In any way to a utility pole, tree, fence
post, stake, stick or &ny other object located or situated on
public o$: private property, except ae otherwise expressly allowed
by, or e):empted from this Code.
2.5.6.15 W/nd algas ('except where permitted am part of Section 2.5.8.2,
Temporary Signs).
~ht-oE--wav w~h~n ~he unEncor~rated areas of the C~n~v. which
BE~n was erected, o~rated or maEntaEned wEthout the
revered ~y Sec. 2.5.12 havana been Eesued bv the C~unEtv
Develo~oD~ ServEces ~dm~nEe~rator or h~. deeE,ne~ shall be
re~ved t~ prov~d Eq ~ectEon 2.5.7. Such ,~en, shall Enclude
bu~ are no~ lEm~ed ~o ~2~ctural .~an.. free-.~and[na
sEon. at~ached or affffExed to st~ctures or other objects.
2.5.6.17 ~ny de,crEp~Eon or repreeen~a~Eon, En whatever ~o~, o~ nudEty,
sexual conduc~, or sexual excEt~en~, when
2.5.&.17.1 ~l patently offensive to contem~ra~ standards ~n the adult
c~un~f as a ~hole w~h re.~c~ to ~ha~ ~. suitable sexual
mater~al for m~nor., and
2.5.{.11.2 taken a. a whole, lack~ .er[cu. lgtera~, ar~[mtLc, ~[&tgca[, or
· c~ent$~.~c value.
2.S.I.18.1 ~tm audible mound, va~r, s~ke, or gam~s matter.
2.5.~.18.3 Employ. motLon, have v~lLble moving pa~e, or gives the LXlul~on
of ~tLo~ (excludXnq ~Xme and ~rature
e~$~en'C, wLnd~, d~r, or o~n~ng Ulll ii i Mini O{ Lngrell or
egress for f~re esca~ ~ses ~nclud~ng any o~n~ng r~red for
proof ~Lght and ventilation.
D~l~e et=£cken languagel add underlined language.
LDC page 2-145
2.5.&.1, No-sign shalX be placed or permitted as a princ£pal use on any
property,,ln any zoning district except se followl~ U-Plc
politicabrsignl, or signs approved by temporary permit purluant to
the time limitations set forth herein.
2.$.6.20 Tethered inflatable
IEC. 2.5.7 ~INRTION:OF PRORIBITEO SIONS. Within slx months of enactment
of O=dLr~ance 90-114 (January 4~ 1991), o= al othe=~ee ~:ovided
within Sec. 2.5.9, all signs expressly prohibited by Sec. 2.5.6,
. and thel.r supporting itructures, shall be removed w~%hin thirtv
(30~ da,zs of the end of the a~ortization Period, or, In the
2.5.6. B~lboa=dl w~th an o=~gl~ coat of one hundred ($100.00}
dolllrl o= more, and which, have been legally perm~ted, Iha!l
=rea=ed as nonconforming ...l~gns . and removed pursuant, to... Sec.
~n ~11 nonresidential17 zoned d~t~ic'ts sub~ect to the
restrictions .belo~ ....
2.5,8.1.1 Pole or ~ound S~ans.. S~ng~e occupancy parcels, sh0PP~ng cen~e~s
office .~omplexel, o= industrial pa=ks having frontage of one
hundred f~f=y fee~ (150") o= more on a public s~=let, Ihall
peri,ged one (1) .poll, or ~wo. (2) ground signs. In Iddl~lon,
multiple occupancy parcels .such as Ihopping ?entl=l~ ~f~!.cl
complexel, or lndus~rial parks containing twenty five thouland
(25,000) square feet o= more of gross lea~able floor a=ll w~l~
pe~lt~ed onl { 1). d~rec~0=y llg.n with a. maximum I~ze of
hundred f~fty (250) square feet fo= a s~ng~t entrance on each
public
1. Maximum allowable .lg~ area - one hundred (100} s~l
for each pole or ground signs, o= a maximum con,ned' Ifil of
one hundred twenty (120) s~a=e fee~ for t~ (2) ground
signs, except for approved directory sign.s. ...
2. Set~ack. - fifteen fee~ (15) from any pro~rty line,
or private right of ~ay, or easement, with ~hl exception of
.dirlctory. ~nl which may .be. located within ~he ~anl of
pti'vats streets or easements, provided their location
: , .' prelentl no vieua~ obstructions, or traffic hiza=dl to
,~ mot,orists or pedest=lans.
3. Maximum allowable height - twenty five feet (25). Height
shall be ~easured f=om the lowest cents= line grade of the
nea:=est public o= private =lght of way o= easement to the
upp,~=moet ~=t~o. of the s~g. st=ucture.
:!?,
page 2-151
2.5.8.7.2 No more than two (2) off-premise directional s£gna shall be
permitte,~, £dentifM£ng the location and nature of a building,
structur,3, or use which is not visible from the arterial roadway
serving ,much building, structure, or uses provided;
1. Eac~ sign ia not more than twelve (12) square feet in areav
w£t]~ a a£nole faced disolav area only. Double faced since
sha~l not be oermitt~,
4. The applicant must h~v~ submit with the ~ermit ao~lfcation
~9~.~rized. written permission from the property where the
off--site sign is located.
Delete ~ langua~le; add underlin~ language.
269
LDC page 2-162
SEC. 2.&.& EXCEPTIOHS TO REOUIEED YARDS.
2.&.&.3 MINOR I~ROVEMENTS TO ~G~ NON-CONFO~INO S~U~S ~D
WITHIN A ~SIDE~I~ ZONING DISTRICT.
2.6.4.4.1 Where a structure was lawfully permitted w~thLn a reeldent~a~
zO~n~ d].s2r~ct under a Drevlo~e Co4~, a~d where said ~tructure
cons~der<,d non-conformina under the current Land Develo~ent Co~
DeveloPment Review Director may administratively aPProve
variance fo~ an amount ecual to o~ Ieee than the exis~lnc e~de
en~/o~ r,~er yard encroachment, Canopies. w~ndow sills or othe~
~o~ectione ae ~rov~ded for within Sec. l,~,4.1 shall not be used
~n ~he calculation of ex~et~nq e~de and/o~ rea~ var~
encroachments.
2.6.~.4.2 ~rocedure. ~he a~Dl~cant shall follow the same ~ocedu~ea
~ovided within Sec, 2.6.4.2.2. except that ~n addition the
a~licant, shall submit a de~aLled conceptual e~te ~len d~ewn to
scale depictinc all exietl~c structures and the ~roDoeed add~tlgn,
ee well as the distance between the ~ro~e~tv l~ne. and tho
ex,stint and ~roPoeed structures. ~ddit~onallv. the
shall ~Fovide ~roo~ that ~he enc~oachinc structure was lecallv
constructed. Such eroof shall tnclude at a minimum, evidence
a bulldinc ~ermit was issued for the encroach~nc .tructure~
where .u,:h evidence cannot be ~rovtded, documentation from
Pro~e~y ~raieer'e 0~fice of ~he dele the structure wee
on the tax ~o11~
Delete stricken language; add underlined language.
soo 1 64
LD¢ Page 2-163
2.&.?.l Parkina *tad Storaoe of Vehicles Without Current License Plates.
2.6.7.1.1 Vehicles or trailers of any type ~ that are not immediately
operable, or used for the PurPose for which they were manufactured
without ~echanical or electrical repairs or the replacement of
Darts! DC do'not meet the Florida Safety Code! or do not have
current valid, license' platesT .~] or 'do not meeting the
definition. ~ maJo~- recreational equipment am defined wi%his the
Code, shall'not be parked or stored on any residentially zoned or
designated p~Oper_~y,, including the E-Estates.District, other than
in a com~,letely enclosed building.
Delete stricken language; add underlined language.
LDC Page 2-163
2.6.7.2.1 No major retreat!one! equipment shall be used for !lv£ng,
eleep£ng, or housekeeping purposes when parked or stored on a
residentially zoned lot, residential die,riehl, or any location
not approved for such use. In districts permitting mingle-family
homes or mobile homes, major recreational equipment may be parked
completely enclosed building, or In a carport, or on davits or
cradles adjacent to waterways on residentially zoned property;
provided, however, that such equipment may be parked an~here
residential premises for a period no~ ~o exceed ~wenty-four (24)
hours durJ.ng loading and unloading, and/or cleaning prior to
after a trip. For the purpose of this section ~he rear yard for a
corn,~r shall be considered ~o be that portion of ~hfl 1o=
vard sha~l be considered to be that portion o~ the lot
8tre~
Delet~...mtricken language; add underlined language.
272
LDC Page 2-164
2.&.?.2.2 The followLng exceptions may be granted by the Site Development
Cs=vi:== R~view Director:
1. Such m~Jor recreational equll~ment may be parked upon the
premi,es of the relldent for & period not exceeding seven (7)
days :~or the purpose of loading, unloading, repairing and/or
clean!.ng prior to or after a trip. The permit for much
period 8hall be affixed co the vehicle in a conspicuous place
on tbs street aide thereof. No more than two consecutive
Derm£t:~ m~y b~ ~ugd aod ~he maximum number of permits
issued dur~na one calendar year 0hal! be restr£cted to four
2. Non-~.s£dent= Such car, trailer, bus or motor home, when used
for transportation of vis£tors to this County to visit
fr£ends or members of the vls£tors family residing in this
County may be parked upon the premises of the visited family
for a period not exceeding ~ ~ ~ven ¢7] days. This
does not allow for living, sleeping, or housekeeping
purpo~led. No mo~e than two consecutive permits may be issued
~Dd ~:~9 ma~mum Dumber of permits issued durin~ one calendar
Year ~hall be rgstr~cted to four ¢4~.
2.6.7.3 Plrkina of Commercial Vehicles or Commercial ZaulDment In
Resident£al Areal.
2.&.?.3.1 Xt shall be unlawful to park a commercial vehicle or commercial
equipment on any lot in & residential zoning district unless one
of the ~ol.~owing condl~ions ex£sts:
1. The v,~h£cle is en~aged in a construction service operation on
the site where it is parked. The vehicle must be removed as
soon as the construct£on of service activity has been
compl,~ted.
2. The v,~hicle is parked in a garage, carport, or ~ully enclosed
atruc'~ure and cannot be seen from the street nerving the lot.
3. The vehicle is parked in the rear of the main structure and
is enclosed within a ve~etat£ve screening which conceals the
vehicle ~rom the view o~ neighbors.
4. Auto~biles, paesenaer ~yp~ vans, and pickup trucks having a
rated load capacity of one (1) ton or less shall be exempted
from this Section unless otherwise prohibited by a Special
Parkl:ag Overlay District.
2.$.7.~ Restricted Parking "RP" Overlay Dlstrictl Restricting the Parking
of Commercial and Major Recreational Equipment.
2.6.7.4.1 Purpose a:~ ~ntent. It is the intent and purpose of the
Restricted Parking Overlay District (RP) to allow residents within
& 8ubdivia£on in Collier County to prescribe stricter regulations
governing '=he parking of commercial and/or major recreational
064 273'
imm mm
LDO page 2-165
2.&.7.&.3 Procndure fgT Zlt&blishinq District. Upon petition to the Board
of County Commissioners, signed by a minimum of one hundred (100)
property owners or fifty percent (50%) of the property owners,
whichever is the lesser, in the proposed district, platted
subdivisLon, or a voting precinct comprising a homogeneous zoning
area, the Board of County Commissioners may revise the boundaries
of the district and enact an implementing ordinance to become
effective upon approval by a ma~or£ty of the qualified electors
residing ~,£thin the district voting in the next general election
held spect, ficall¥ for the implementing ordinance. The election
permLts a ch61ce by the elector if in favor of or opposed to the
regulations adopted by the implementing ordinance.
2.6.7.5 Restricted Parkinq Overlmv District for Marco Island. It is the
intent and purpose o( this subsection to allow residents within a
subdivision in Collier County to prescribe stricter reoulations
~overninq the parking of com~ercial and/or maior recreational
~gulDment than is prgvld~d u~er the minimum requirements set
forth in this Zoninq Ordinance.
The ourooee of these reoulations is to maintain the appearance and
c~alltv of the r~Q[d~ial use in the manner in which it was
originally pla~d, to reduce conceetion0 prevent overcrowdlnc and
the blockf~nq ~f views and the free flow of air currents, and to
maintain the laatl~q values and amenities of the ne£ohborhood.
),(,?,$.1 ~on£nq ¢l~!s)lfi~)~)o~. This district shall apolv as an overlay
district for areas or portions of areas which are zoned for
res£dentl(~l ~see ~n Morro Island and shall be known as the
Restricted Parkinq Overlay District. desionated on the Official
ioninc ~tla) by the symbol "RP" in contunction with the basic
resident£al s~mbol.
1. No r~,~)~l~nal equipment shall be ke~t or parked on premises
zoned for residential purposes within the County nor on
publ].c riohts-of-wav of said zoned districts exceot when
parked en~relv within the confines of a reface, carport, or
fully e~l~ed )l~u~ure and cannot be see~ from any ~buttinG
pKQpertv or public way provided, however, that such vehicles
~)y be parked anywhere on residential premises for a period
~ot to ~xceed twenty four (241 hours durino loading and
unloadinc.
ex~ept%~ns may be qran~ed by the $~e ~v~pment Review
ler~ pirecto~ where the ~ollowing conditions are
sat£s~led&
Such recreational equipment may be parked u~on the
premises o~ the r~sident ~or a pqg[od not exceedin~
s~v~n (?) days for the purpose o( loadinq.
unloadin~, re~alrinq and/or cleaninq prior to or
~(~er a trio. The ~ermit for such pQ~l~d shall be
af~xed to the vehicle in a conspicuous place
the ~t~ee~ sid~ there0~, No more ~h~
Delete stricken language; add underlined language.
m m
LD¢ page 2-165-A
consecutive permits can be issued, a maximum
number of permits allowed for a calendar
be restricted to four
ii. Hon-Res£dent~ Such recreational eaui~men~
inc~ud~nq ~vt not limited to. trailers, buses or
-' motor homes, when used for transportation of
visitors to this COuntY to visit friends or members
of the visitors (emily residing in thim County may
be parked upon the premises of the visited family
for a period ~ot exceedino ten (10) dave. This
bSg~keeptnq purposes. No more than two
. consecutive permits can be issued. ~ maximum
pumb~r of pQrmits allowed for a calendar year shall
be restricted to four
2...)oat, and Boat Tra~Xers~ ~o boat or bo~t trailer shall be
park,d or stored on premises zoned for reaidentia! uses or on
public rl~hte-9~-way ~ ea~d zoned districts, except when
_... Darknd or s=ored entirely within .the. confines of~
~. '..carp(~rt'or ful'lv enclosed or shielded structure and cannot be
· seen from' any abuttinq property or pub~e wav,.~x~e~t-where
the follow£ng cond£t~ons occur~
a. ~ boat tra~;~r may be parked on the owner's premises in
· ~ ..... ~he oDmn,..Sr 9~ & temporary ba$~s ~9~ to exceed either
(8) hours for the puroose of loadlnq and/or cleanin~ and
unloadinq drier to or after an out£nq.
3.. Boa~,~ Boats may be stored on premises zoned for residential
~q only In one of the followinq methods~
.Boats mmv. be stored in the confine of a aaraoe or fully
~closed opaque
Boats may be berthed at approved docks, piers or by use
of moorina whioe, standoffs or by a '~eimllar
~ructure/device on naviqable waterways/canals)
8oats may be stored o~ dav~s, ll(~e, elevators or
similar device adtacent to nav~qable waterwave/canals~
dr ~sats may be stored on cradles consist£nq of a framework
9~ ~ars 9r rod~ whig ~)ld c~d~e is u~ed in coniunction
with' the davit, lift, elq,v$~or or a similar device
: . ~dtacent to naviqab~ wa~erways/canal~,.
~0~]~ and Motel Parking P~Ovisions~ Mste)s and ~ are
ggn~[dered as business-like enterprises~ therefore.
recreational vehicles, trucks, trailer, buses and/or other
cgn~,~Fsial industrial vehic~es~ ~sted h~rein of bona fide
residents thereof, transients or otherwise may be
Delete stricken languag,~ add underlined language.
LDC page 2-165-B
the ~[em~ses,of itch facLl£t~es. Such veh£clea shall not be
parked ~n streets, ~llevs or other riehts-of-wav w~thin the
residential district.
5. General Exceot£ons: The orov~sLons of th~a Section shall not
adohr ~o vehLcles oarked on tho oremLsea of churches,
cl~n£cs, schools, ur~vaCe clubs, oolf courses,
hotels and mp~e~e an4 par~s and recreational areas, while the
careens transoorted thereby are at~end~n~ or ~artEcioat~n~
activities or be~no trea~ed or served thereat, nor.to buses,
~ru¢~s or tra~lera parked, at any ~me, ~n a space*prepared
9r d,s~nated therefore on $~Ld premises, ~f such veh£cl®a
are ~sed or operated by or for the ooera~on of the places or
Enet~.tut~ons dee£~nated, except %ha~ eugh veh£cl~s cannot be
9~ for res~dential occupancy.
No building or structure *shall be moved from one lot to another
lot, or moved.**~o another location on the same lot, .unless such
bulldinq***~r .s~.ructurp_sha.ll 9here~fter~pnf0rm _9o =all
applicabb~**provisions of. this .**Zon.inT. Code ..and to all other
applica~l,~ regulations of Collier County.
SEC. 2.&,9 ESSENTIAL SERVICES.
Essential services are ~her~by.. defined as services .designed and
operated to provide water, sewer, gas, telephone, electricity,
cable television or communications to the general public by
providers which 'have been approved and authorized according to
laws having appropriate ~urisdiction.. Essentia~..se=~£cee are
allowed' in · an¥'"zoning district subject to the following
conditions=
in any =on£ng district! water lines, sewer lines, gas
telephone ~.lnes, telephone switching stations, cable! television,
electrical transmission and distribution lines, euba~ations,
emergency power structures, sewage lift stations, water pumping
stations, individual private wells and septic tanks, and similar
installations necessary for the per.formance of th~se services.
Furthermore, governmental facilities shall be permitted uses in
commercial, industrial, agricultural, recreational and estate
zoned districts.
2.6.9.2 Conditional Uses. The following uses shall be dee~d conditional
: uses in any zoning district~ electric or gas generating plants,
effluent tanks, major re-pump stations, sewage treatment plants,
lncludin~ percolation ponds, hospitals, hospices, water aeration
or treatment plants, governmental facilities in residential areas,
public water supply acquisition withdrawal, o= extraction
facilities, safety service facilities, and ct;her similar
facilities.
Delete stricken language; add underlined language.
LDC page 2-165
SEC. 2.6.9 ESZENTIAL SERVZCE~.
Essential services are hereby defined as servicel designated and
operated to provide water, leWer, gal, telephone, electricity,
cable t~llevislon or co~munications to the general public by
provider~! which have been approved end authorized according to
laws having approp£rate Jurisdiction. s~d ~overmental
the following conditions=
2.&.9.1 Psrmittp,l Us~s. The following uses shall be deemed permitted uses
in any zoning d£strict= water lines, sewer l£nes, gas lines,
telephon,! lines, telephone switching stations, cable television,
electric.il transmission and distribution linesp substations,
emergency power structures, sewage lift stations, water pumping
stations, individual private wells and septic tanks, and similar
installa~:lons necessary for the performance of these services.
F~H~ex~m~r~r ~governmental facilities, as defined by thim Code,
shall be permitted uses in co~ercialT ~ industrial,
~therm,3re. ~he follow,nc covernmental facLlitLe~ ~hall
~e~ltte,~ ~eea In the acricultural and estate zoned
~-reel,~ential not-for-pro,it child care. non-resident~
education facilities, libraries, museums. Dark and
service
2.6.~.2 ~ditional Usel. The following uses shall be deemed conditional
uses In any zoning district= electric or gas 9enerating plantl,
effluent tanks, major re-pump stations, sewage treatment plantsT
including percolation ponds, hospitals, hospices, water aeration
or treatment plants, govermental facilities iB residential
~cifie,~ by Se~. 2.6.9.1. public water supply ac~lmition~
withdrawal, or extraction facilities, safety service facilities,
and othe:c similar facilities.
277
Page
2,&.10.1 ~ Alcoholic ~evereqes. The Si. re Deve loDment ~ev~ew
~ or h~s de~Lanee, ~av authorize ~e sa~e o~ a~coho~c
~~ ~o~ consumption on p~em~ses sub~e~ ~o compliance
~~q restrictions and ~he follow~n~ loca~ona~ cr~er~a~ ~
Delete stricken language; add underlined language.
LDC pages 2-189 thru 2-195
SEC. 2.&.33 TEMPORAP:Y USE PERMITS
2.6.33.1 Purpose and Intent. Baaed upon the nabu=e of some usaa, thai=
a use Is intended to function, there l. an identified need to
allow cl~rtain temporary uses ~ withl~ a development lite ~'it~
and to provide for other types of temperer7 usam such am o~ecial
~nfty event0, sales and promotions. It la the intent of this
Section to 91aosify temporary uses and =o provide for their
permitting.
2.6.33.2 General. The ~ ~ ~ Site DeveloPment
for requests that demonstrate compliance with the intent of eec.
2.6.33. approvals for such requests shall be based upon, but not
limited to~ the applicant's description of the temporary use, the
lm=emded duration of the use, hours of operatfonr a~d the impacts
of the ~roPosed temporary use on ad~ac~nt proDert~ ~ -w=ll ~ e
~11 requests for a temporary use permit shall submit A Conceptual
~ Site Persistent Plan [SDP) ~ acco~d~ 'with D'~ ~ ~
d~~ ~ ~ as provided for within this section.
The ~DD~ODTia~e re~u~red plan and temporary use permit aDolication
shall b,~ aubmitteO and approved p=ior to the submission of a
bu lldin~ permit appll~at [o0 and ~hall demonstrates, where
applicat~e~ that provisions will be made to adequately address the
following=
1. Traffic circulation and safety within the site~
2. Ml,imum parking requirements for the temporary uso as defined
within Div. 2.3, Off-street Parking and Loading;
3. Screening, buffering, and landscaping of the temporary use to
reduce potential impacts on adjacent properties;
4. Liphting;
5. Sa~.ltary facilities;
6. ~e Protection ~
~ ~lronmental impacts [
~ ~.rmwat er management ~ .~
~ Any other retirements determined to be necelaary for the
public health and safety.
: . ~~ ~ ~prov~d ~ ~ ~ ~ ~ e building
2.6.33.43 Temporary CoDst. Fuct ~on and Development ~e~St~ ~ During the
construction of any development for which a preliminary or final
language; add underlined language.
,OOK
developmE~nt order has been granted, the developer may request a
temporary use permit for the below listed ac~lvitie~ %0
initially fo~ a period not to exceed 2~enty-fou~ (24) monthl
length and may be renewed anmua~ly based on demonstration of need.
A requesf: for renewal shall be submitted to the Site
Review D~rector In writ~n~ thirty (30) days prior to the
expiration of the temporary use permit. Temporary construction and
developm~lnt permits shall be allowed for the following
1. Temporary offices to be used for construction, and
adm4nis%rative ~d ~a~: functions wl~hl~ the develo~ent.
sales off~ces, allowln~ for the sale. re,ale, market~
3. On-hire storage of equipment and construction materials for
usm on thm developmsnt site only.
4. On-n/tm mobile homm u~ed ~m a temporary off/c~ or mtoragm
5. On-~lte mobile radio a~d television equipmen~ and antennae.
6. On-,~ite mobile home for the use of a watchman or caretaker
only.
7. on-,mite temporary ume of mtructurem and equipment for the
~g~%ect develooment with ~b~ written authorization of the
Dro'oert~ owner.
Oth,~r on-site uses similar to the foregoing uses and
der,ermined to meet the intent of Sec. 2.6.33.2.
Prooosed temporary structures identified above and intended to
located either within a development for which Final SDP
has not been ~ranted or withim a olatted tract of an
develoom~ot orior to resubd~visioo as re~uire~ bv the
of Div. 3.2. reouire the submission and approval of a Site
DeveloQment Plan In accordance with D~v. 3.3. In the case of
pro~ecgs Fequ[~ln~ olattin~ pursuant to PLy, ~,2 , ~ Preliminar~
Subdivision Plat shall be submitted and 9ppT~wed prior,-to the
oraotin~ of Floal Site Development Plan approval. All other
temporary uses permitted within Sec. 2.6.33.3 re, ire the
submission of a conceptual plan which demonstrates that provisions
will be made to address the regu~Fgments ~f Se~.
2.6.33.S4 ~o~e% Homes and Model Sales Centers ~. M~
Delete
:=r~:~n language; add underlined language.
~odel homam and ~9~el sales centers mhal~ be of a tem~ar~ nature
~ ~n ~ ~ ~ · ~ ~lowed ~n any
residential zon~n~ d~s~r~c~ or res~den~Sa~ component of a PUD b~
the iesu~n~ of ~ temoorarv use ~erm~ and sub4ec~ ~o ~h~
Mode~ .homes sha~l only be ~erm[tted for dwellings which have
Dq~ been previously used as a residence.
2. A model home or model sales center is no~ intended to allow
~h9 fyi[ scope of rea[ esta~ ~ctivities and shall be
restricted primarily to the sale and marke~ina of ~he mode[~
or 0rOdUCt8 similar to the model. A mode[ hgme shall not
include offices for builders, contractors, developers, or
~[mLlar activities.
Hodo[ homes may be "wet" or "dry". Model homes ~ermitted
,"d~%~" mg~els shall b9 limited to a conditional certificate
9~Cu~ancv allowin, ~he use of the s~ructure as a model
pFgvided ail resulted infrastruc:ure [s in place to service
~h~ uni~, Model homes ~erm[tted as "we~ models' shall not be
9~uD[ed until such time as all resulted [nfr~gug~ure
ava%~able ~q seTviqe the un%t and a permanent ~eT~ificat9
~cqupancy has b~e~
~ t.~m~orarv use ~erm[~ for a model home or model sales cen~er
~baL1 be issued lnitia~v for a ~eriod of twenty-four
~xt,;nsio~s beyond the initial two ~21 ve~; Dermit may
qra;tted In accordance with Sec. 2.6.33.4.3.
7~m~orarv use ~erm[ts for model homes or model sales centers
to b~ %ocated w~thi~ a proposed sinq%~ ~am%%y
prior to final olat approval may be re~,sted bv ~he
~pp~l~ant ~nd require subm~s~on and apmrova~ of
prelim%nary Subd[v[~[oD p[at pursuanD t0 ply, 3.2 and a Site
pev,~[Op~nt p%a~ pursuan~ to Div. ~.3- subject tO th~
fol[owinq~
~) . ~ m~M[mum of five mode[~ shall be permitted within
~pproved development prior to final ~la= approval
permitted above.
language; add underlined language.
p) ?he anolicant ,hall provide documentation that all
reauired utilities will be available to the eub4ect
mite, and, where reauired, mhall deoict much utllitiee
.. in detail on the Sl~e development Plan.
cl The oarcele on which the modet~ are located mu~t abut
privately owned and maLntained ~oad. temoogarv In natur~
9t ~ecmanentlv conetcucted to CollLet Covntv ¢oadwa~
standac~m.
~ The boundaciem deokcted on the P~elimina¢?
Plat shall be depicted on the Site De~elooment Plan
order to ensure compliance with thn applicable
developments etandard~ ~n effect on ~he eub~ec~
Final lot qradin~ and d~ainaqe conveyance mhall be In
conformance w~th the m~ter ~radinc plan.fpo the
aa deptc~d 9n the Pcelimina~v Subd Lvial~n Pla~
eubmittal documente~
~ll other temoora.¢.',L...~ee requests for model hemem
reau ~re the c~, ~;~ 3~lon pi a conceptual plan whkch
~nmtrate=. that ~¢gv[aion~ will be mad~ t.o ade~uatel~
addrese the reouirements o~ Sec, ~,6,33,2.
2,6.33.4.2
2.6.33.5~.8t Exteneion of a,~emporary .~se permit issued for a model home
model sa].ee center ~' may be granted for a maximum of three
z~z~ lan~uaqe~ add underlined language.
(3) years and shall require public notice and a hearing by the
planning commission, A request for an extension and scheduling on
the Planning Commission agenda shell be made prior to expiration
of the initial temporary use permit issued for the · model home or
model salem center e~£:=. Only one {%} such extenm£on shall be
granted and any additional requests for an extension shall
granted only £n accordance with Sec. 2.6.33.54,~05, Notice off
publLc hearing shall be prominently posted on the property for
wh£ch the extension is sought, Notice of the public hearing shall
be &dvertised in a newspaper of general circulation in the County
at least one (1) time fifteen (15) days prLor to the public
hearing. ~otice of the time and place of the public hearing shall
be sent at: least fifteen (15) days In advance of the hearing by
mail to all owners of property w£thin three hundred feet (300') of
the sub~ec:t property, the PlannLng Com~Lselon's action shall be
baaed upon consideratLon of the following factors=
1. The number of existing model homes or model sales centers
o..' ae within the immediate area of the extension request.
2. The .:~assLf£cation of the right-of-wayisl u~n which the
model home or model sales cente~G...:=~" fronts.
3. ~ c~acte~ a~ M~p o~ t~ a~ea eu~L~ t~ ~
h~ or ~del ea~ee ~ ~.
4. ~he Dotent~a~ e~ect o~ the mode~ home or mode~ na~en cen~et
~e on ad,scent and surrounding
S. The e~xLetence o~ complaints te~atLng to the uae o~ the moda~
home o~ mode~ sales center o~ZLc; which Se the subject off
the extene:on
2.G.33,~,~ ~x~ens~onl~ o~ ~emoorarv use ~erm~cs ~or mode~ homes o~ mode~
centers ~'~:~ ~ Ln excea~ o~ th~ee (3) yea~. aha~ ~equ~e
aubmLtta~ and approval off a Cond::~ona~ Uae Permit Ln accordance
with Sec. 2.7.4.
~:: 2.&.33.& Temuorlrv
In '~he case o~ ~emporar7 saIes~ such as grand open~ngm~ going
ou~ of buiLnem, male., special promotional males, or other
s~mi].a: u~e~ (exclusive of garage sa~ea, lawn sales
Services Admin~s:ra:or, o= h~ designee, may
non-renewable perm~ts of up to :we weeks duration, such
du=lng any calendar year ~he mum to:al of all permits for
such events doe. not exceed twenty-eight (28) days.
Temporary permits may be allowed for up :o an additional
(4) ~eeks whe~ approved by the 9oard of County
Such special approva~ shall be subject to stipulations
additional constraints dee~ed necessary and appropriate
the re~est. Such m~lpula:lons or constraints deemed
necet~sary by the Board of County Co~Lsaionec a~all be noted
Delete ~ languag,~ add underline4 language.
as conditions to the issuance of said permLts, &nd the
permittee shall be required to sign & notarl%ed agreement to
said stipulations or constraints. ~n Lune G~ of
permitted, include the placement og ~ .Lgne, a maximum of
merchandise, ~oocarv structures and equipment ~ =*'
structures and equipment. ~erchandiee. or ~[~ceme~ and
~arkinq ~[ vehicles in con,unction with the tq~orary
shall ~gn~orm to the minimum yard requirewente of the
dist~ in whlgh it Ks locate~. If the temporary uae il not
discontinued upon expiration o~ the permit, it shall be
deeme~d a violation of the Land Development Czd[~ Code and
mhall be subject to the penalties therein.
3. Temporary 8ale~ ~ermite. may be issued to the qwnerrel
~,rcial establishment, o~ to ~he ~enantfel
withln a co~cial establishment with the a~t~pval of the
D~oPet~y qwne~ oT p~oDeFtv manaoe~, o~9vided Bald tenan~
~rovLdee documentation of a curren~ annual lease with the
~ro~ertv owner. Uses ~erm[tted by an a~roved te.m~orarv
~e~mJ.t shall b~ o~er~ted bY the ~rooerty gwp~ 9~ tenan~fel.
except as provided fo~ in sections 2.6.33.6,5 ~r~
~ Temporary sales permits shall be restricted to those zoning
distl~icts In which the sale of the items would normally be
permitted. Further, the sales activity permitted by the
excep= ae provided for [~ Sec=ion 2.6.3},~.5 a~d 2.6 33.6.6.
no= be issued for undeveloped proper=isa. ~
5. The S[te Development ~ev[e~ ~[rec~or, or his dee[ones, may
issu,a temoorarv use oermLts for satellite locations sub,sc:
to the aoolicable restrictions set forth tn this Section.
orovLded the aoollcant currently ooerates a business from a
pe~anent anoroved co~erc~al location ~[th[n Collier cquntv.
~dd[~[onal~y~ the purpose o[ the temporaFy ~a~e shall be the
same as the or[nctoal ~ur~ose of the existino co~e~clal
bue[nee~ o~ the applicant.
Delete ~ language/ add vnderline4 language.
6. The Site Devetopment Review Director may. Ln determinina
specific benefit to the public, scant a temporary use permit
to facilitate ~h~ yale of an Ltem or items not aenerallv
available within a seer[fir Plannino Community, sub,eot to
the apolicable r~rictions set forth in this Section.
4~7. Prier to the issuance of a temporary caleb permit, a complete
application, along with a conceptual site plan shall he
submitted to the Site Oeyetoement Review Director,
designee. The conceptual plan, when reviewed in con,unction
with the appZication, shall be of the appropriate scale and
data. il to adequately describe and define=
ia1 Veh£cular and oedestrtan ?traffic safety measures.
(b) ~dditiona! par~ino reeuirements. ~ maximum of ten
percent {10%1 of the parkin~ required by Div. 2.3
this code may be occupied or otherwise rendered unusable
bv the p~acement of temporary structures, e~uipment.
** el~ns and merchandise, The m~nimum required number of
handicapped parkin~ spaces pursuant to Div. 2.3
remain avaiZable for usage.
¢cl Limited activity hov~e,
~d) Watchmen, fear[no, liqht[~q,
{el Fire prot~gtion measures.
~ . {f~ Sanitary facilities.
[q~ If re~uired, a faithful merformance bond to
'--:: ..... ;~._...~.-"~-- comoliance with the conditions of the permit.
::W...&.~.~.~. In making such approval, the ~nlng ~ S~te Develo~en~
. reqairements, or ree~iq~tons ao he deems appropriate in the
~aqe Sales= In the case of garage sales, lawn males ~nd
other similar temporary sales ~o be held aC private home~
.;:' . :~ ~, churches a~d otheE place~ of worship.
...... ~er9. other ~o~-Profit =eside~tia~v zoned
-.,~. ,~ .... - ~ienee, may issue a two (2) day permit ~oc luch ~vent~
during each six (6) month period. Such permit may include the
use of temporary signs located on the property where tho sale
%~- 3..*%' Is being held~ limited to ~ maximum of two 8[qns. no ~reater
~ .... ~ ~ four (43 s~uare fee~ each No signs shall be placed In
any public rights-of-way. If the temporary use Is not
discon~inued upon expiration of the permit, it shall be
Delete ~ languagel add underlined language.
.oK 064,' 285
considered a violation o! the Land Develo~meq~ ~ code
and shall be sub~ect to the penalties herein.
2.6.33.7 ~emnorsrv Seasonal $~]9~ A non-renewable five (~) week
may be issued for seasonal and holiday related temporary sales
sub,eot to the followlno restrictions.
1. Tem~,orar¥ use 0~rmits for seasonal ~a~e~ m~y b~ ~esued for
~h~ followt~q sesson/hol£dav related ~ems!
Christmas trees,
~lrewo~ks ~sub~ect.to the issuance of an aDoroved ~erml~
b~ the ~urisdictional fire
~1 Pumokins
21 Tem'oorar¥ use oermita for seasons! sales may be issued on
imoroved ot unLmoroved orooerties provided the aoolicant
l~g~Lts a coneeotual site ~an ~hlch ~emonstrates that
~ovisions will be made to adeauate~¥ address the followinq;
la} Vehicular and ~edestrian traffic safety measures~
~b~ ~dequate on-site..or additional off-site ~arkino
for unimoroved ~roDertieS. A maximum of ten percent
[10%! of the oarkinq reouired by Div. 2.3 of this cod-
· av be occupied or otherwise rendered unusable by th-
placemen~ Of temporary e%ru~tures, equlDment,s~q,s end
merchandise. The minimum ~equ~r~d number of handicapped
Darkin~ sDa~s pursuant to Dlv, 2,3 shall remain
available for
~Cl Limited &~v~y
~dl watcbm~n, fencing, liqht~n~,
~el Fire PFo%ec~00 measuueS?
{fl Sanitary facilities,
3. The aDclicant shall provide a notarized letter from
DrODert¥ owner or the DrODertV manaoer qrant~nq Derm£esio~
utilize the eub4ect property for the Temporary Seasonal Sale..
4, Tqmporarv use permits for seasonal/holiday males may, in
~_g_~f~ort of the Yes be/no oermltted, include the placement or
one sion. a maximum si thirty-two souare feet. or two such
sloes for Properties containino more than one streg~
frontaoe, as well as merchandise, temporary structures
~qqi~ment. ~ ~h~ ~empo~ar¥ use is ~9~ discontinued upg~
exoiration o~ the ~ermit, l~ shat~ be deemed a violation of
the ~and ~eve~opmen~ Code ~nd shal~ be sub~ect ~o ~h~
penalties there~pt
~.&.33.9~ ~otion Picture/Television ~roduction Fe~m~t:
2.&.33.~.1 <languag,j remains the same>
2.6.33,~.2 <lenguag,) remains the same>
· ~,,' Delete =~.;l:k~n language~ add vnderlined language.
:.
2.S.33.~.3 <language remains the sams>
2.&.33.~.4 <language remains the same>
2.&.33.~.S <language remains the same>
2.6.33.~.6 <language remains the same>
L:'' 2.&.33.~.7 ~languag~, remains the same>
2.&.33.~.8 clanguag, remains the same>
.,.
2.&.33.~.9 clanguago remains the same>
~ ~en~o~a~,r Svorts Events. Reliqious Events. and Co~=~O~v Eventsv
~ In the c&ee of sports events, relig£oue events, community events,
or other similar events sponsored by orof£t, non-profit,
charitable, civ£1, or membership organizations the ~ S~te
designee, may grant non-renewable permits o~ up to two (2) weeks
duration, such that during any calendar year the sum total of all
permits for such events does not exceed twenty-eight (28) days.
Temporary permits may be allowed for an additional period of up to
four (4) weeks when approved by the Board of County Commissioners.
Such special approval shall be subject to stipulations or
additional constraints deemed necessary and appropriate to the
request. Such stipulations or constraints deemed necessary by the
Board of County Commissioners shall be noted aa conditions to the
1osuance of enid permits2 and the permfttee shall be re,ired
sign a notarized agreement to said itipulationl or conetral~=l.
~ Tem~ra~y Permits may, l~ ~uppor~ of the uae being permitted,
include the placemen~ of signs, merchandise, structures and
equi~e~t, and a mobile home as an office, but not for
If the temporary u~e Is not discontinued upo~ expiration of the
permit, it shall be deemed a violation of th~ Zoning
~ and shall be subject to the penalties contained therein.
~ Temporary Pe~lts In this category shall be =e~tricted to
zoning district~ In which the use would normally be
unle~ otherwise approved by the ~oard of County Co, resigners via
a Publl(: Petition Request.
Delete ~ language/ add underlio~g language.
LDC page 2-2111 2-21~
2.7.2,3.2 N6tice ~nd Public ~ear£nq Where ProDostd ."~en4ment would Chanae
Zonino (:lassifict£9~ 9[ Land~
S. Notice of the time and place of the public hnarLng by
Planning Commission shall be sent at least fifteen (15) days
in advance of the hearing by mall to al1 owners of property
wit:bin three hundred feet (300') of the property Lines of the
laf~d for which rezon£ng or a Planned Unit DevgloDmen: CPUDI
am~ndment is sought~ provided, however, that where the land
fo~: which ~he rezon£ng or PUD amendme~ £s sought £s part of,
or adjacent to, land owned by the same person, the three
hu~tdred foot (300') distance shall be measured from the
bot~ndar£es of the entire ownerShll>r oc PUD! except tbs:
notice need not be mailed to any property owner Locatsd more
than one-half mile (2,640 feet) from the land or PUD for
whLch rezoning or PUD amendmen~ is sough:. For the purpose of
this requirement, the names end addresses of property owners
shall be deemed those appearing on the Latest tax rolls of
Collier County.
7. That Clerk to the Board of County Commissioners shall notify
by mall each real property owner whose land Ls subject to
re=toning or PUD ame~d~e~ and whose address is known by
re~ference to the latest ad valorem tax records. The not[ce
shall state the substance of the proposed ordinance or
ref~olution. Such notice shall be gLven at least fifteen
days prior to the date set for the public hearing, and a copy
of such notices shall be kep~ available for public
lnf~pections during the regular business hours of the Clerk to
th¢~ Board of County Commissioners.
Delete stricken langu~[gel add underlined language.
LDC page 2-219
2.?.3.1.1 PUD Mas~er P1~t. The PUD Master Plan *hall Include the follow£ng
unnecessary ~o =raoh~callv ~ljustra~e ~he develoomeR~ .~ra~e~y~
Delete stricken langua~]e~, add underlined language.
~oo~ 06~1 ~.289
Page 2-220
2.?.3.1.2 Su~oortinq Dst%. Data supporting and describing the appl£cation
for rezc]ning to PUD in the form of a PUD Document which Ihall
cons£it of the following. U~sm d~t~rm~0ed %0 be unnecesgarv ~
d£gcribe the development strate~¥~
Delete stricken language~ add underlined language.
LDC Page 2-225
2.7.3.& Tc~lL~.te for Amorgv~ PVD Master Plans. ~n the event that a PUD
Haeter PLan la given approval, and the landowner(a) ehall:
Should t;he Development Services Director determine that the
development has not commenced in earnest, then upon review and
coneidera.tion of the report provided b7 the owner and any
supplemental information that may be provided, the Board of County
Commissioners shall elect one of the following=
Delete stricken languago; add underlined language.
LDC page 2-226
2.7.3.5.! Substan~al/Znsubvtant~al Chanqes.
2.7.3.S.1.9 Any mod£:~lcat£on to the PUD Master Plan or PUD documen~ or
amendment to a PUD Ordinance wh£ch is inconsistent w£th the Future
Land Use Element or other element of the Growth Management Plan or
wh£ch modification would increase the density or £nt~lne£ty of the
permitted land uses; or
Any mod£~£cat£on to the PUD Heater Plan or PUD document or
amendment to a PUD Ordinance which impact{I) any consideration
deemed to be a substantial modification aa deac=£bed under Sec.
2.7.3.S.1.1 through 2.7.3.5.1.9t or
Delete etr£cken lenguage~ add underl£ned language.
'''
LDO Page 2-228
2.7.3,& Honi~orlnq Requireme~$. In order to ensure and verify thee
aoorov~d oro~ect densities or intensities of lend will no~ be
exceeded and that develooment commitments will be fulf£11ed.
annuml _.Monitoring reports shall be aubm£tted by the
developer/owner or author£zed agent of a PUD to the Development
Services Director. The monitoring report shall be submitted
annually, om each anniversary of the date said PUD was approved by
the Boa=d until the PUD le completely constructed and all
commitments in the PUD Document/Master Plan are met. The
mon£toring report shall provide the following lnformat£on~
1. Nam~l of project;
~r2. Nam~l of owner, developer/
permit:ed uses; infrastructure and/or o~her u.el which are
complete of for which a valid permit has been issued, but
which have not been completed;
~ Up-to-date PUD Master Plan showing infrastructure,
projects/developments, plats parcels and other pertinent
infcrmation.
~ Traffic counts for all access points to the ma~or highway
network.
~ Copies of a~l required monitoring reports completed In pas:
year {i.e., ~raffic, Wail Field, etc.).
~ Up-to-date PUD Document which includes all approved
amendments.
~Sta:ue of co~itments In PUD Document.
ll.~Othec information as may be re.ired by the Develo~en:
Services Director.
2.7.3,6.~ Chanq9 of.O~erlh~p~ _ A cha~e i~ ownership shall ~o~ absolve th
orioinal _owner of the re~iremeBt to file a~ annual monttoriDu
=ePor~, Transferrin~ responsibility for fil~n~ the annua%
be demgns%rated In the form of an ~xecu~d aoreemen~ between th
~l~ina% 9wneF ~nd ~he Oew entit~ which when fl~ed with the Sit
Deve~opme~%~ Rev%aw Direct9~ shall au~0maticallv tra~sfe.'
=~Do~sib].llt~ for f[linq ~be aBnual monitorin~ report.
Delete stricken language; add uhderlined language.
LDC Page 2-231
2.7.5.! ~u~ose: In epecif£c cases, variance from the terml of thil
Zoning C~de may be qranted where said variance ee will not be
contrary to the public interest and where~ owing to apecial
conditior~m peculiar to the propert7, · literal enforcement of the
Zoning code would result in unneceslary and undue hardlhlp. A
variance from the terms of this Zoning Code may be granted baBed
on the re~guiremente of this Section.
Delete stricken language~ add underlined language.
LDC page 2-233
SEC. 2.?.& BUILDING PZKMIT AND CERTIFICATE OF OCCUPANCY CONPLIARCE
I. Zonina Action on Bull~Lnq Permits. The Site Development
Re¥[~2~ 6~ Director shall be responsib[e for determining
whether applications for bulld£ng permits, as required by the
Collier County Building Code, are in accord with the requirements
of this Zoning Code and the Land Development Code, and no building
permit shall be issued without written approval that p[anl
submitted conform =o applicaDle zoning regulations, and other
development regulations. No building or structure shall be
erected, moved, added to, e~ altered, ut£1[zed or sllowed to ex[st
without e pe~m~c~r first ob~a[o[n~ ~he authorize=Ion of ~h~
reauLred building ~ermL~st inspections and cern/rice,eta1
~ ae required by =he Co[Ilar County Building Code and no
building permi~ application shall be approved by
Development Review ~ Director for the erection, moving,
addition to, or alteration of any building or a=ructure except
conformity with the provisions of this Zoning Code and the Land
Development Code unless he shall receive a written order from the
Board of Zoning Appeals i~ the form of an administrative review
the interpretation or variance as provided by this Code
he shall receive a written order from a court or tribuna[
competent Jurisdiction.
2. AD~icat~on f~r ~ui~dinq Pe~it. All applications for
building permits shall, in addition to containing the information
re.ired by the Building Official, be accompanied by plot and
construction plans drawn to scale, showing the actual shape and
dimensions of the lot to be built upon; the sizes and iota=ions on
the lo= of buildings already existing, If any/ the size and
location on the lot of the building or buildings to be
alteredT, or a[lowed to exist; the existing use of each building
or buildings or parts thereof/ the number of fami[ies the building
is designed %o acco~odate; the location and number of re. ired
off-street parking and off-street loading spaces; approximate
location of trees protected by County regulationst and such other
informer"on with regard to the lot and existing/proposed
Code. In the case of application of a building permit on property
adjacent to the Gulf of Mexico, a survey, certified by a land
surveyor or engineer licensed In the State of Florida, and not
older than thirty(30} days shall be submitted. If there lm a storm
event or active erosion om a specific parcel of land for which a
building permit Is requested, which the Site Devslo~ent Review
~ Director determines may affect the density of the
property, a more recent survey may be required. Where ownership
property lines are In doubt, the Site Development ~lew
Director may require the submission of a survey, certified by a
land surveyor or engineer licensed in the State of Florida.
PrOperty stakes shall be in place at the co~encemen~
construction.
Delete stricken languaget add underlined language.
LDC page 2-233-A
Status of Pe~t~ ~ssuad tn Error. au£ld[ng perm£ts or
cert£f£catea of occupancy issued on the basis of plans and
epec£fLcationa approved by the Site Development Review 6e~-~-eee
Director authorize only the uae, arrangement, and construction set
forth in such approved plane and applications, and no other uae,
arrangement, or construction. Uae, arrangement, or conatruct£on
different from that authorized shall be deemed a violation of this
Land Development Code. ~
e. Statements made b~'. the appl£can~ on the bu£1d£ng permit
application ihall be deemed offic£al eta=emen=a. Approval of
the appl£cation by the' $£te Deve[opment Review 6e~P~ee
Director shall, in no way, exempt the appl£c&nt from strict
observance of applicable provisions of thil Land Development
Code end all,other applicable regulations, ordinances, codel,
and l&wa.
b. A building permit issued in error shall not confer any rights
or privileges to the
Delete stricken language~ add underlined language.
064
LDC page 2-234
applicant to ~roceed to or continue with construction, and
the County shall have the power to revoke such permit until
said error is corrected.
4. Adequate Public Facll~tis$ Re~rad. No bulld~ng permit
certifica:e of occupancy shall be issued except in accordance with
the Collier County Adequate Public Facilities Ordinance, Ord. No.
90-24 (Div. 3.15 of this Code) and Rule 9J-5.0055, F.A.C.
~. No s~e wp=k, re,oval of Dro%ec~ed ve~e~a=~on.
grading, improvement of property o= coas~ruc=lon of any ~ype
be co~enced p=~or ~o the ~ssuance of a building perml~ where
development p=oposed requites a bu~ld~ng perm,= unde= ~h~s Land
Development Code o= o=he= applicable County regulations. Removal
of exotic ve~e~at ~on shall be e~emD~ed v~on rece~D~ of
~e~e~a=ion removal Derm~ for exotics Dureuan= ~o O~v.
SEC. 2.7.7 AFFORDABLE ~OUSINO DENSITY
2.7.7.1.1 Tltl~ and Cltat~ofl. Th~s Sec. 2.7.7 shall be known and may be
cited as ~he "Co~ler County Affordable Housing Dens~y Bonus
Regulations.- 'Affordable Housing Density Bonus' shall In
section be refer~ed ~o as 'AHDB~.
2.7.7.1.2 Author~tv. The Board of County Co~iss~one=s has the authority
adopt th~s Code pursuant to At=. VIII, Sec. l(f), FI~.
Sec. 125.01 ~ ~., F~a. Stat., Sec. 163.3161 ~ s~., FI~.
Stat., Rule 9J-5, F.A.C., tho Growth Management Plan, the
Stipule=ed Se~leme~t Agreement in DO~ Case No. 89-1299 GM, and
each of the authorities, findings, conclusions and provisions
forth or referenced in this Sec=ion.
2.7.7.1.3 ~DDl~cabL~it~. This Section shall apply ~o a~l develo~en~ In the
total unincorporated area of Collier County.
2.7.7.1.4 Purpose ~nd Inte~. Sec. 2.7.7 is in~ended ~o ~mplement and
consist~nt wi~h the Gro~h Hanagemen~ Plan, Sec. 163.3161
seq., FLa. Stat., Rule 9J-5, F.A.C., and the S~ipulated
Ag=eemen~ In DOAH Case No. 89~1299 GM, by providing for
low and very low income housing throug~ ~he use of dens~ty bonuses
which a110~ an increase In the numbs= of residen=la~ dwelling
units per acre allowed on proper~y proposed fo= develo~enC,
thereby decreasing the per unit cost of land and develo~ent.
This objective Is accomplished by implementing an 'AHDB'
which consists of an 'AHOB- Ra~ing Syste~ and an "AHDB- Monitoring
Program. The purpose of the 'AHDB' Ra~lng System la to provide
increased residential densities to developers who guarantee tha~ a
portion of ~eir' housing developmen~ will be af fordable by
households of moderate, low o= very low income, ~hus expanding
housing oppor~unities fo= ~odera~e, lo~ and very low income
Delete stricken language~ add underlined language.
1364 297
LOC page 2-234
IgC, 2,7o& mV]LDINO P~R.MIT AND CERTIFICAT~ OF OCCUPANCY COMPLIANCg PROCESS,
Zonina and Land .Use Aooroval Resulted Prior to or
Slmultaneoumlv with. Issuance of Build[nc Perm£t or Occuoancv
of Land and Space,
~ zonina ce~i~lcabeo at~es~lna ~o comol£an¢e with all
asoec~s of the zon~na orovisions o~ the Land Development
Code, shall b~ Ee~uired orior to ob~ainina a bulldina oermit
or to occuo¥1n~ any aoace of land or bu£1d~n~s or for the
gonduc~ of a bue~nesa In all zon[no dia~rt, ?he followin~
Zonin~ Ce~lf£ca~e review Dcoceduce shall provide ,~gr the
~a~qance o~ a Zonina Cec~f£cate,
a, ~or ~he Duroosea of de~ecm[n[no comollance w~th the
zon~no ogov~s[ons o~ ~he ~and Development code, an
aoDcoval of a Site Develo~en~ Plan ougauant to
3,3, herein° authorizes ~he issuance of a Zonlna
CecCifica~e, Said ~onin~ Certificate shall ¢on~tute a
statement of comoliance with all a~olicable
of the Land DeveloDmen~ Code, lnclud~q ~he v~eq 9f the
bu£1dina soars uoon which a~l£cable off-street ~arkin~
and load~n~ reau~cements were based, however, ~qguance
of a Zon~na Certificate shall no~ exemo~..~n¥ p~on from
ful~ compliance w~h any apptlcab~e p~0ut~O~, 9~,
Land Development Code,
b, In aubdl¥1ded bulldin~e each apace for which & uae
prooosed ~eauirea a Zonino Cert£f£cate loc that
oacticular e~ace, independent of any ~pp~oval
uoon the bu£ldino and the land pursuant to D£v. 3,3 and
of a Zoninu Cert£ficate issued for the bu£ld£no and the
land. shall be reauired,
c, A Zonina Certificate shall be required for any use of
land or buiXdin~s located in residential zonina
--districts, which involve the conduct of a commercial
other non-residentiallY allowed uses 9~ la~
buildin~a.
LOC Page 3-4
3.2.4.8 Lot Llns Ad4ustmant. An adjustment of a lot line between
cont£guou! lotl which ace under separate ownership Ih&ll be
from this D£vis£on £f all of the follow£ng cond£tions are met in a
Or turveying error in a recorded plat or is to perm£t an
£nsubstant£al boundary change between adjacent parcels, such
in0ubatantial thanes shall not exceed the creation of two ¢21 lots
from three ~3} slatted lota~ and
3.2.4.8.2 Both landowners whose lot lines are be£ng adjusted provide
consent to the lot ling adjustment7 and
3.2.4.8.3 Instrument(s) evidanc£ng the lot line adjustment Ihall be filed in
the official rscordl of Collier Count~, Florida, upon approval,
and Ihall £ndicate that the result of the lot line adjustment will
meet the standards of, and conforms to, the =equirements of
Code, including the dimensional requirements of the zoning
district and subdivision in which the lots are located.
in cases of an existing nonconforming lot, the adjustment shall
not increase the nonconformity of the lot; and
3.2.%.8.¢ It Il demonstrated that the lot line adjustment will not affect
the development rights or permitted density or intensity of ule of
the affected 1eta by providing the opportunity to create a new
lot(s) for resale or development.
· Delete stricken language~ add underlined language.
,oo, 06 1
LDC Page 3-4
3.2.4.9 Prior ~ubdivllion. All d£vis£on of land occurring prior to the
effective date of th£s Code and conform£ng to the purposes of th£s
D£vision, aha11 be exempt from th£a DlvLs£onl p=ov£ded, however,
that arty property so d£v£ded which £s reaubd£vided or further
d£v£ded on or after January 10, 1989, shall not bi exempt from
thim Dt.v£.£on. Fo~ aar[cultural/ree£dent£al aubd£vLaton, with£n
the rul~a[ area of Coll[e~ County aa defined herein refer ko
Sect[on 3.2.4.11.
?
Delete str£cken langua,~ei add underlined language.
].2.4.11 ROts1 Area Subtilely[sos. The purpose of this Section La to
recoan£z9 the unioue attributes of areas identified as "Rural"
the Futile Land Uae Element of the Collter County Growth
~anaoement Plan for residential and a~ricultura! uses defined tn
~Lv. 6.~, Throuoh the provisions of this Sect[on, practices that
ars com1~atlble with the character and natural functLons of the
rural area are beet promoted bY the alternatives provided to the
"~rban" improvements set. forth [n Division 3.2 oenerRll¥.
3.2.4.11.[ E~sm~tion from Plattinq and Subdivision Requlationa. The d£vislon
~ property mae:lac :he definition of rural subdivision shall not
require the a~[~dlv[der to record a f£na! plat nor comply with the
subd[vtsion t'~qu[at[pn~ provided [n Division 3.2. The subd[vtder
~R~ purchaser of the property shall comply with the reoulatlons
~ovtded in Sectton 3.2,~,1[, The division of property not
meetin~ the definition of rural subdivision la re,uired to comply
with all requirements of D[vis£on 3.2,
~.2.4.11.2 Deeds and other Co~veyanqe~.. ~ll deeds and other conveyances for
propertl.~s mee~[~q ~he definition of rural subdivision shall
include in ten-nq~nt typ9 .,~..he followlno statement: "NO
GOVERNMENTAL AGEnCy,. iNCLUDING COLLIER COUNT¥~ ~HALL EVER BE
RESPONSII~LE FOR TM$ MAINTENANCE, UPKEEP OR IMPROVEMENT OF ANY
PRIVAT~ .DRIVES~ ~O~D$~ STREETS. EASEMENTS QR RIGHTS-OF-WAY
PROVIDIN(} ~N~ESS AND EGRESS TO THE PROPERTY MERE~ CONVEYED.
3.2.4.11.3 ~ulXdinq Permits for Rural Subdivisions. Prior to the issuance of
a bulldtn~ permit for any property tn the RuFal Are)~ which by
definition in Div. 6.3 is deemed to be a rural subdivision,
owner. ~[ the property applv[n~ for the build[no permit must
provide verification that he or she has an existino means of
access t,) the property and the existino meRD~ ~( access ~o such
property must be improved to the standards established bY this
aubsecti¢,n. Said access may be~
naturally cleared accesswav a minimum of 24 feet in width, or
bi duet. leas outface a minimum of 24 feet in width, or
asg~alt paved road a mtnimum of 24 feet in width, or
limerock surface a minimum of 24 feet in width.
3.2.4.11.¢ Access A¢~reement. The owner of property aP~XY[~O for a bufldin~
permit shall execute a release and wa£ver aoreement which shall be
executed and recorded at the applicant's expense in the official
records of Collier County. The release and waiver aoreement
be in a form approved by the County Attorney or his desionee, and
shall include, at a minimum, the follow[ns provisions and a copy
of the ~'ecorded aareement submitted with the property owner's
bulldina permit application=
Delete etrichcn languag.sl add underlined language.
064
LOC page 3-$ cont°d
Rural Subd£v£s£on
~,'~ '. LL.__l.~,~f£cat£on of the orooert¥ by leaal descr~D~£on and tax
.~ii~ R~'cel folio numbe=l
]~_~_D_~,crlotion of the means of access ko the sub4ect orooer~v
ancl the ohvsical cond~tion of tha= access~
g_L__~_~tatement recoaniz£na that the access riahts are oersonal
r~c!hts between ~he ara~tor and arantee and the Countv°s
~p~,Fgval of the use of the accee~wav ~n no way l~Dlies that
~.Vee ~e
~~tate~en~ C92f~rmino that the ~aintenance and upkeep
~h means 9~ access shall be tho perpetual ree~ne[b~l[tv of
~ ~nd~vidua~..lg) o~ other en~kv hold~na r~ah~e to such
~ns of accesll
~~atement confLrmLn~ ~.~t any develo~ent order ~esued by
~lier County ~ropos[n~ ut~lLza~[on of such means of access
~11 contain a s~ec~fic disclaimer from Collier County
~a~Ln~ to ~he CgqBbv's obl~qa~lon for ~he ~resent or futvre
~n~enance.gr ~DRq~ of such means of
~,~atement of release holdina Collier County harmless
~De2u[Cv for maintenance of such means of
~crl~CLon of t~e uC[l~ee, [nclud[na, for
~er~ ~eleD~one, elec~r[ci~v. ~h~ch shalL, service the
~:e o a n
~ e u der ~ m =~e b u
~'~ ~n =h D vew e u me
m ovdb e A'
Delete e~*~.~en language; add ~ language.
LDC page ~-5 cont'd'
Rural Subd£v£sion
1! A s~L~.tement that permits from all mtate and feder&l auen¢iel
haw~ been obtained or a~vl£ed for. £nclud£no cov~es of said
p~/~ a~l£cations, The res~onsibllitv to determ£ne if much
perm~ a~e n~cessarv ~s solely the resoons~b£11tv of the
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Page 3-12
3.2.&.3.& I<ode! SaJ. e, Center,. M~4el
~ov~ded ~o~ ~h~n Sec. 2.6.33.
Coun'~ ~ ~ building
{Cc: Ccc. :.~.33}; ~r
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LDC Pags 3-15
3.2.6.4 ~Onstruction of Required Xm~rovementl.
3,2.&.4.10 Failure to Comole~! Unrecorded eubdivllion, Where an applicant
has elected to construct, install, and complete the required
lmprovemenUe prior to recordation of the final subdivision plat
and falls to complete such improvements within the time
limitation~l of this OIvlslon, all approvall for the subdlvlsio~
eh&Il be null and void. No reference shal~ be made to the
preliminary subdivision pla~ or the final subdivision plat with
respect to. the sale of lots or issuance of bulldin~ perm£te,
unlela and until'the preliminary sod final subd£vis£on plats have
been resubmitted w£th all of the supplementary documentl and
material, and all approvals required in this Dlvllion have been
~rented. Under these circumltancel, =he applicant ~hall be
required to compeneate the County through the payment of new
review and inspection fees, &l =h=;u~ though the develol~ent were
being 8ubmitted for its initial review and approval.
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305
LDC page 3-16
3.2.&.$.3 ~ocedure~ for Accsotlnca of Raou~red ]morovem~O~ . The app~£cant
shall submit the following data, cert£f£cat£onm, lnmpect£onm and
documents for review and approval by the Site Develolm~ent Review
~-ee D£rector prior to the Board of Count7 Commiemionerw
denying, granting, or granting with conditionw preliminary
acceptance of any completed required improvements and prior to
authorizing ~he ~;.~Development Revie~ ~ Director to lleue
any building permitl for Itructures to be constructed within a
subdivision or development, where the developer has chosen ~o
¢onstrug~ '~he lmorovements Prior ~o record~na of ~he Platm
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LDC page 3-20
3.2.7.1 ~roliminar~ Subdivision Plat Submission Eeauiroments.
3.2.7.1.21 An envirol~mental lmpac= statement pursuant =o D£v. 8.3 of thio
Code, axe.epa that the applicant may request an administrative
environmental degradation will result from the develolmment of the
land or w~ore a prior environmental impact assessment was prepared
for the oame area of land within five (5) years from the date of
submission of the preliminary subdivision pla=.
LDC Page 3-24
3.2.8.2
3.2.8.2.3 A de=sliced water management plan in accordance with the master
water management plan approved in the preliminary subdiv/slon plat
showing the complete water management eye=em including, bur not
limited to, closed drainage areas, design high water, recurring
high watl3r, acreage, a complete lot grading plan with final
grading elevations, surface runoff flow patterns, and companion
drainage easements consistent with =he final subdivision pla=
pursuant to Section 3.2.9 to be utilized by the Applicant, hie
successor:! or assigns during the building permitting and site
improvement process for all lots consistent with the Collier
county Building Code, and the compatibility of drainage of surface
waters ir~to adjacent or larger water management systems. The
complete calculations used to design the system shall be provided
for proJeute 40 acre* or lama. For projects greater than 40 acres
or where the water manacement system will utilize wetlands for
water manlcement, the Applicant shall initially provide with the
submiseio~ the SFWMD Conat~uction Permit Submittal. Prior to
approval the applicant shall provide the staff report and early
work permit or construction permit.
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m m
LDC Page 3-26
~,2.8,3,4 ~u~fer ~ Subdivisions or developments shall be buffered for
the oro~:ect~on of p~pqr~v owners from surro~nd[n~ land
re~ire~ =Ureuant' ~o-O[v; ~,4. ' Buffers shall be LnsColled dur~no
Construction as follows and l~ accordance ~L~h Div. 2,4~
To separate ' reml~ential developments from co,err'iai.
~munitV vms. ind,mtrial and public .vse develo~ents and
~acent expressways, arterials and railroad riohte-of-wav,
~:ept where such expressway, arte~a{, ~g railroad
~h~-o~wav abuts ~ ~o1~ course.
b) To separate co~ercial, co.unify u~e, industrial and public
~, developments from reside~la~ d~v~l~pments,
To se~ara:e eubdivis[~ns of residential otouertv the: do not
~ult In the submit:al o~ a Si:e Develoomen: Plan pursuant
~ ~he provisions o~ Division 3.3 ~rom other resides:iai
~.oerties.
Seuaration shall be crea:ed with a landacaue bu~er strip which
deeioned and cons:ructed In comolLance ~lth the orovielone
Dlvialon~2.4. Such bu~er strip,el shall be shown and deeiona:ed
on the ~nal ola: as a tract or eamement and shall no: be located
within any uublic or urly{:e richt-~-vaV, T~e ability to locate
bu~fer~el ~ithin a olat:ed or recorded., easemen~ shall be
de:ermined pursues: to :he urovimionm of Division 2.4. Buffers
ad~acent to p~ocected/Preserve areas shall conform to the
reouirements established by the aoencv r~guirl~ ~u~h bu~r.
~ ': Delete stricken language; add underlined language.
,OOK 064,AG 309
LDC Psge 3-27
3.2.8.3 /tsaul~ed lmoroYemsnt,.
3.2.8.3.9 glevltion. Lind ~lll~na. Bxcsvst~on lnd D~mol~t~on, The
of 411 building m~em and public o= p~vata =oadwayl included
conservation o= recreation ~m proposed shall be no= less ~han five
eleva=~,0n8 above tho em=abl~shed NOVD datum am adopted
Board of Coun=y Co~.s~onerl, FE~/FI~, or ~ Sou=h Florida
refere~,:e to bulkhead lines, ssi= barrier lines, a~d other
approprLate regula=lons regarding la~d filling,
excava=~ons, demolition, a~d related regulations shall be observed
during che conetruc=ion of any ~mprovemen~a w~h~ Collie= County.
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,oo 064
LD¢ Page 3-33
3,2,8,3 Ke~uirg~
3,2.1.3.20 ~LI~L_~. Street lightm shall be demEgned and lnltelled
ut£1£=lng the gu£delinas of the IES standards for each street
lnterse~tion, at required intervals along each Itreet not to
exceed 400 feet (400'} and at the end of each cul~de-sac, and may
bo requ£red at intervals along each st=est. Such lights may be
require.~ on interior streets, alleys, boundary streets, access
paths, .lsd the l£ke.
Wherever, £n'the opin£on of the Site Development Revl~ ' ' a
Directs:=, baled on an engineer's determination, a dangerous
condition Il created by sharp curves, lrregularit£ee in street
be requ£red. Street lights and mount£ng poles shall be w~red for
underground aarv£ce. All conduits and casing to be placed under
the roadway required for the lights ~ust be £netalled during each
conltru~:tion phase prior to roadway subbase completion. Street
lights mba11 be designed and £nstalled in either of two (2)
Wh(Jre Itreet light, are to be installed on pr£vate mtreetl,
th¢~ developer, through an e~ectrio&l engineer registered in
th~! State of Florida, .hall design and install the street
l£ghting system subject to the approval of the Development
Se]:v£cee Director. Upon complet£on of the etree~
l~qht~, they shall be owned, operated and m&£nta£ned by the
property owners' association, a condomin£um &eeoc£at£on,
cooperative association, or other similar entity, o= the
publ£¢ utility furnishing the electr£c service.
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,OOK
LOC pa~e 3-39
3.2.0.&.7
4, Improvement Plans. The improvement plans for reou~red
Jallorovements which will be constructed within In ex,stint
e~eement must iljustrate the existina cerement and exietinc
~acilities. and the proposed eetement and the
~a.¢ilities. Copies of the improvement plant shall
R~vided by. the applicant to the holder of the eeeement[~]
ei~ultaneoualv with its submission to the ~ountv.
~,~ review end approval o~ improvement plans
~thori~e the construction o~ re~ired imo~ovemento which
~,~oneletent with exietinc eaoement{a~ o~
add underlined language.
Page 3-40
3.2.8.&,9 Hs~lan $'~r~s end ~ntranceway~.
2. 3ub,llYision or Land Development gntrancewavz, iubd£vision or
dev,mlopment entrancewaTs consint£ng of hab£table o=
unhab£table etr~ctures, walls, fences, gates, rock p£1ea or
the like are not permitted within the median strip of a
publicly dedicated right-of-way. Decorative entranceways may
be constructed upon property ad)scent to a right-of-way in
compl£ance with ~ this Code and shall be placed so as to
not £nterfere with any cross-corner or stopping sight
d£etance' or constitute a traffic hazard. Any improvements
w£th£n private rights-of-way shall not be placed over any
und.rground improvements without the prior written consent of
the intended owner of the improvements. Upon completion of
the ent=anceway, all improvements shall be maintained by the
property owner's association, condominium associatLon,
cooperative association, or other similar entity.
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LDO Page 3-49
3.2.1.4 D~li~ ~,eauiremsnts.
3.2,1.4,21 Utility Camin~s. All casings to be installed within the roadway
section of a project shall be located at a depth at Is&it iix
inches {6"} below the bottom elevation of the roadway stabilized
based course. All casinos orov£dina water secv£ce shall ~tend ~9
the lnt.ereectio~ of the rioht-of-wav line and ~h~ 1o~ l~ne.
Unless approved by the Development Services Director pursuant to
Sec. 3.2.?.2, all casings required for the complete service of
underground utilities to the subdivision shall be installed during
the construction phase of the pro,eot. Any casing which must be
placed after completion of the roadway stabilization and paving
shall have its method of installation approved by the Development
Services Director.
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LDC page 3-49
final subdivision plat and improvement plans a~proval. The
installation of underground utilities or relocating existing
facilities as prescribed by this Division shall be in conformance
with the respective utll£ty's rules and regulations.
3.2.8.4.20 ~tllit¥ lnstsllstion. After the clearing, grubbing, and grading
has been completed within six lnchee (6") of final sub-grade of
the roadway for a street, all underground work for the water
maine, s.initary sewers, storm sewers, gas mainm, telephone,
electrical po~er conduits and appurtenances and any other utility
shall be installed ac=sss the width of the street to the sidewalk
area, or provisions shall be made so that th~ roadway or
right-of-~ay will not be disturbed by future utility
installations. All underground improvements so installed for the
purpose o:! future service connections shall be properly capped end
backfilled.
3.2.8.4.2! Utility C.%sin~l. All casings to be installed within the roadway
section of a project shall be located at a depth at leaeC six
inches (6') below the bottom elevation of the road~ay stabilized
bale cour.e. Unless approved by the Development Services Director
pursuant ~o Sec. 3.2.7.2, all casings required for the complete
service of underground utilities to the subdivision shall be
installed during the construction phase of the project. Any
casing which must be placed after completion of the roadway
Itabllization and paving shall have its method of lnltallation
approved by the Development Services Director.
3.2.8.4.22 Wirer Nant,qcment.
l. S¢o~e. A complete etorm water management system ehall be
provided for all areas within the subdivision or development,
including lots, streets and alleys. The system design shall
meet the applicable provisions of the current Collier County
Codes and Ordinances, South Florida ~ater Management District
rules and regulations pursuant to Chapter 373, Florida
Statutes and Chapter 17-40 and Title 40E, Florida
Administrative Code, and any other affected state andi~ederal
agencies' rules and regulations in effect at the time of
preliminary subdivision plat submission.
Where etormwater runoff from outside the subdivision or
development historically passes on, passes over or through
areas of the subdivision or development, such runof~ shall be
included in the etormwater system design. The system shall ·
designed for long life, low cost maintenance by normal
~ _ methods and provide for optimal on-site detention of
stormwater runoff and ground water recharge in accordance
with applicable county and SFWMD regulations.
W~e~ mag~q~mep~ areas.sha~ be Fequ~red .~9 b~ maintained in
peFpetuitv accordina to the Spp~v~d p~aOs, w~er manaoement
areas not maintained shall be Correct~ a¢cord~Do to approved
PT~O within thirty ¢30~ dave.
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064. 3'15
LDC Page 3-52
3.2.8.4 Design Re,ruLremen~.
3.2.8.4.22 Water Manor,emend.
9. Undelrground Drainage. Where drainage plane provide for, or it
is I~o directed by the Site Development Review ===vi~aa
Director, the collect£on of storm water £n underground pipes,
inlets and other appurtenances for conveyance to an
lnte~pmed£ate or ultimate outfall, the following minimum
design criteria shall be observed~
a. The' min£mum p£pe used within a publicly m&lntained ~
storm water collection system shall be f[ftee~ lnchel
(15") in diameter.
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LDC page 3-57
3.2.9.2.S Survey Dat~.
12. All final olata ~resented for ~ooroval ahal! clearly indicate
the ~inishvd elevation %bose HOVD g~ the roads, the averaoe
finl~,hed elevation above NGVD of the late or homeeitea, and
the minimum base flood elevation above NOVD as reouired.
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LDO Page 3-61
~~ ~ub4ec~ to the DrOV~S~OD~ of ~h~ Division.
~; of this DivlsiO~ shall not apply to the followin~ laD4
~.~les and represen% the sol~ exception~ therefrom:
~.e ~mflv detached a~d ~wo family housin~ etructure[~
~7 [Cjuster Development}.
~ ~:~round conetruct~oB; ut[lit~ee, co~unication~ and
~ar under,round construc%ion type
~~lsorv and ancillary facilities for a aOlf course such
~%minar~ work authori:a~/o~ has bee~ entered in~o with
~ ~truction traflers and mtoraoe of eauipment and material_
~ activities are a function of, except as
~[ded at Section
~l Homes and Sales Centers, exc~D% as o=herwise provided
~ction 2.6.33,
~ above land use activities shall be exempt fr~
~~ of Divisio2 ~.3. these la~d use activities are
~her provfsfons of the Land 0evelo~ent Code such ms bg~
~ed to landscaping, tree removal, develo~ent standard
~~bmission requirements attendant to obtainin, a tem~rary
;~". Delete etricken languag,i; add underlined language.
LDC Page 3-63
3.3,5,4 PreliBl~try Site DeveloDmen~ Plan Application ~enu/reBen~.. A
pre-applicat£on meeting shall be conducted with Community
Develop~nt Serv£ces staff, excent where a Petitioner waives sa£d
meetina and notes such In their subm£ttal ~ackaa~, l~f ~
D=v~lop.~ ~ccvi~e ~i~=c~o~ to de~erm£ne al~ applicable
submittal requirements which shall include the following, if
appl£cable~
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3'19
LDO Page 3-63
3.3.~.6 Site X,prevement Plan ~eview. Submittal of a site plan may
reviewed under the Site Improvement Plan
~e dev~ooment proposal meets all of the followina conditions~
3.3.5.6.1 The prolight involves a site which is currently improved with
principal structures, parking facilities, water and sewer
service~ and defined in~ress/eGress,
3,3,$,6.2 The prc, oosed use will not require an expansion of the exlstln~
impervious areas or otherwise affect on-site surface water
mana~em,ln: f~cL1Lties as may bo documented by waiver letters from
the South Florida water ManaGement District or Collier County
where applicable.
3.3.§.~.3 Written documentation from appropriate a~encies acknowledGinG that
water ~nd sewer services are avaLlable at the alto and are
ads. at. to serve the proposed use,
3.3.5.7 SLte ~mSF~vement Plan Submittal and Review. A Site Improvement
Plan FSIPI shal~ be pre~ared on a 24'x36' 8heat drawn to scale and
setting for%h the following information:
1. The Project title, property owner, address and telephone
number,
Legal description, scale, and north arrow,
3. Zoning designation of the subfect site and ad~acent sites and
~ oroposed use of the subject site,
4, Location, confiouration and dimensions o~ all buildin~ and
lot improvements,
5, Location and configuration of parking and loading areas, and
the directional movement o~ internal vehicle traffic,
6, Location and dimension of access point{s1 to the slte,
?? ... Par~[P~ summary in matrix form, indicatin~ the rec~u~red and
pro'?Lded parkin~ for each existin~ and proposed use,
Location and confiouration of handicapped parking facilities
sod buildin~ accesslbilitY.~ea~ures,
9. Location. dimension and ¢~nflug~at~on. ~ existing wat~
~aoaGement facilities.
10. Locfltion of trash
Location of existing and proposed landscaping with
specification as to size. ~uantitv and type of vegetation.
12. ~nv addl~ooa[ relevant ln~ormatiGn aa may be recruited bY the
Site Pqve~0pment ~v[ew. Director.
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064- -320
LDC Page 3-70
SEC, 3,3,6 SITE ~ZV~LOPMENT PLAN STANDARD~, The D~v=: =~7.a~,L ===vic~;
develo~nent plans.
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LD¢ page 3-71
3.3.&.7 Water management master plan on the property, conslder£ng its
effect on adjacent and nearby properties and the consequences of
such wa=er management master plan on overall County capacities.
water nt~n~aement areas shall be re~u~red .%o be maLnta£ned
oerDetu~v accord£nu to the approved plans. Water menacement
areas ~pt ma£ntalned shall be corrected a¢cordlne to aocroved
Elans within 30 dave.
3.3.&.a Adequac3, of utility service, considering hook-in location and
sva£1abJ. Zlty and capacity for the uses projected.
3.3.&.9 Such other standards as may be imposed by this Code, the Growth
Management Plan or other applicable regulations for the particular
use or acclivity proposed.
3.3.6.10 Signage proposed for the project shall be in conformity with
Collier County Sign Code, Division 2.S, and shall not be reviewed
and approved as part of the site development plan process.
IIC. 3.3.7 AMENDMENTS.
3.3.7.! Any proposed change or amendment to a previously approved site
develo~ent plan shall be subject to review and approval by the
Development Services Director. Upon submittal of a plan clearly
iljustrating the proposed change, the Development Services
Director shall determine whether or not it constitutes a
substantial change. Zn the event a substantial change is
identified, both the preliminary (if required) and the final site
development plan shall be amended to reflect the change and shall
follow the same review procedure ae eel forth for a new site
development plan ap~lication (refer to Sec. 3.3.5 and 3.3.6). A
subetant£al change shall be defined
3.3.?.1.! Any change which substantially affects existing transportation
circulation, parking or building arrangements, drainage,
landscap£ng, buffering, identified preservation/conservation areas
and other site development plan consideratione~ or
3.3.7.1.2 Any other change the Development Services Director may d~termine
ae e£gnJ, ficantly altering the general layout, configuration and
arrangement of the project.
3.3.7.2 In the event the Development Services Director determines the
change t:o be less than substantial, both the preliminary, if
required, and f£nal site development plan shall be amended to
reflect the change, but shall not be required to follow the review
= procedur,~ ae eel forth for a new site development plan.
SEC. 3.3.8. SITE D~:VELOPM~NT PLAN TIME LIHITS. Approved Final Site
'Developm~nt Plane shall remain in force for two {2) years. If no
developm~nt (actual construction) has commenced within two
years, the Site Development. Plan shall expire. One (1) one-year
extension may be granted for good cause shown upon written
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064--322
3,5.&
3,5.4,7.3 A bu~ldJ.no DormLt, fo~ the s/moXe famLlv home must be £ssued ~o~
to ~he County £eeu£na a lette~ o~ exemo~lon.
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LDC Pagm 3-87
3.5.$.2,1 I'~suance of Private and Development Excavation Permits. The
Development Review =~v~== Director may administratively approve
And issue Private and Devolopmen~ Excavation Perm~s where all of
~hl applicable standards of ~his d~v~sio~ have bee~ me~ ~d
~mDrovement oIans Dur=uant to D~v. 3.2 o= a ~nal site develoDment
plan Du=eu~nt to D~v. 3.3 hae been ~esued fo= the property where
~he Development o= P=~vate excavation ~a to occur, or ~
local development order has been issued ~or Private exc~vatlgn~
occurrin~ on DroDer=v zoned for single family U~e. When, in
opinion O~ ~he S~t~ Deve~opme~ Rev[e~ D[Fec~og, =he s~andards
have no~ been me=, the applica~[on shall be submitted ~o
Environmental Advisory Board for reco~enda~[on w[=h ul=~ma~e
approval or denial required of the ~oard.
.~:..~?.. ':,:~?, ..
. . ;::~ :. ",:~ · ·....
..: :'
00K (]64 3'24
LDC page 3-88
Review ~ Director and the Board shall be granted only upon
competent and substantial evidence sumltted by the Applicant,
3.5.S.¢.5 The excavation does not conflict with the Growth Management Plan
or land development regulations adopted pursuant thereto, nor does
it conflict with existing zoning regulations. ~ et~m~-L~en% =,hall
~ ~ Special criteria and approval procedures may be
neceaaar7 ~or projects within the Bls Cypress. Area
S=ate Concern.
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· 1364
LDC Page 3-92
SEC. 3.$.& A~PLICAT~tON REOUIREMgNT$ FOR EXCAVATION PEP, HIT~.
3.5.6.3 If treell are to be removed as a result of the excavat£ng
operatio=l, a ~ Veoeta~ig~ Removal Permit shall be obtained from
the $£te Development Revie~ ==zvlc~ Director before work eh&Il
commence.
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OOK 3'26
LDO Page 3-92
IEC. 3.S.7 CONSTRUCrlON REOUIREMENT$ FOR TXS CONSTRUCTION OF EXCAVATIONS.
Permit Information Volume IV aloha wi~h %h~ followina
requirements, shall a~lv to all excava~ions,
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,ooK
Page 3-93
3.S.?,2 Side Slooee
3.S.7.2.¢ ExceptLonm to the m£de elope requ£rementm that may bi ~umt~f£ed by
much alternat£vem am art£f£c£&l IlOpe protect£on or vmrt£cal
bulkheads ehall be approved £n advance by the S£te Development
Revkew ~ D£recto~, where tuet~f£cat~on ehall be docvmen~
~n a des£on ana~ve~s orep~red by a Profees~ona~ Enoineer
=aa£Kered In ~he $~&~e o~ FlorLda.
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064 328
LDC Page 3-93 BCC Side Sheet
3.5.7.2 Side Slopes
3.5.7.2.5 Ten perc,~nt (10%] of the finished lake banks shall be planted with
~a=ural ~A~ive aquatic vegetation on a littoral shelf located
three (:]) feet vertlcall7, with two-thirds (2/3) below and
one-th£rd (1/3) above the control elevat£on, except for dry
~9~entio,1. dry retention ponds, wet swa~qe and ditches used only
for con~,}YanCe of surface water.
Littoral pla~ting zones should be adjacent to and waterward of
control ,~tructures when possible. The followino criteria shall be
m~lmum standards' in the creation of the littoral zone:
1. Elchtv nercent ~80%~ veoetative coveraoe of the olanted
littoral shel~ ~ reouired over a three year ngr~gd to ensure
e,tablishm~, Devond three years the littoral shelf shall
b9 m~lntained a~ [u~gtional comnonen% g~ t~ l~ system.
The function shall be defined as mimickin~ a natural system
to imprgv~ w~t~F rustily, bioloqicallv clean~e.r~n-g~f nrior
to discharqe into water, buffer a~ainst shoreline erosion.
naturally control exotics and/or to mimic other natural
functions such as the utilization by wildlife.
2. The littoral zone shall be nianted with at least three
different snecies of native, nursery orown or otherwise
leqallv obtained ye,elation tolerant of the different zones
within the littoral shelf where no sinqle snecies shall
account ~or qreateF than ~fty 9eFcen~ O~ cgve~aqe. Conies
of receints for veq~tat~oo purchase shall be prov~deO upo~
request bv the Site Develonment Review Director.
3. All Collier County listed prohibited exotics s~all be remov~d
as they occur manually or w~th U.S. Environmental Protection
~eq~y annroved herbicides. Cattails eha~ b9 removed
manually or with U.S. Environmental Protection Aaencv
apnrov~4 herb£cid~s when they exceed t~n perce~ ¢,veraae.
4. At the time of plantlo~ minimum tree height shall ~% eiaht
feet~ minimum shrub heiaht shall be twenty-four lnches~
minimum herbaceous height shall be twelve inches. The heicht
Fequ~reme~~ may be adm~nis%rativel¥.wa£ved where ~be re~u~red
heioht of tree. shrub or herbageous p~ao=s are.DOt Sva£1ab~.
$. An annual monitorino renort shall be forwarded to Comnlia~g~
Services Environmental staff, until such time as criteria ~e~
forth in Sec. 3.5.7.2.5f1~ have hee~ Satisfied~
In order to ensure a minimum eiahtv nercent coveraae of littoral
zone Dlantin~ areas, a nerfo~m~nce auar~n~ee oursu~ ~O the
p~o~teions of Sec. 3.5.10 will be re~uire~ uoon completion an~
a¢centance of each excavation oermitted by the County. The v)lue
of the quarantee shall be based on a cost estSmate t9 replace the
oriq£nal ~stalled )ittora! Zone p~ants. The .qua~a~ee m~t be
sub,p.~tted and approved by the Board of County Contm~se~oners pr~o~
064 329
LDC 9age 3-93 con~.'d
to ~re~lm£nar¥ acce~ngv of the ~erm£tted excavationf~) and eh&11
be held fo~ ~ ~vr£od o~ a minimum o~ one Year to ~?rml~ ~he
~antinoe to becom~ eetab~lshed within the lake. ~h~ ouarantee
may only be r~leaeed bv the County u~on the comol~lon O~ & ~£na!
inspection which confirms that at least elahtv mercen~ ¢overaae
has been obtained,
3-94
SEC. 3.5.7 CONSTRUCTION REOU~EEMENT$ FO~ THE CONSTRUCTION OF ~AVATIONS.
3.5.7.8. Non-Wste= Management S¥1te, LSkel. Non-water manaaement system
&~9~a theLr en=£reshorelLne under the follow£na conditioner
a, $~de $~o~es eha~l bo at a mLntmum ratio o~ 2=1.
The reauired littoral zone may be created at a water
manaoement lake in the system, but at least ten Dercen~ ~10%1
of the ~eau£rqd l£ttora~ areas shall be created at the lake
diechar~e fac£1Ltv,
R£D-ra~n~ must e~tend down to the elope ~reak~olnt~e~ulre~
~v Sec. ~.$.?.2, ED¢.
~ , The lake shall have ~rotectlve barr£ere to o~ven~ veh£cular
~ceee where necessary.
e. The lake shall meet All o~ ~he deepen recuiremente o~ Sec,
3.$., LD¢.
Delete stricken language; add underlined language.
3-94
3.$.7 CO~STRUCT~0~ R~OUZRK~:NT$ FOR T~S CO~STRUCTZ~
~ ~mendments tO Approved ~xcavat~onst Substant£al chances to any
auoroved excavat£on ~ermLt musk be eubm[~
Rov£ew fcc review ~n~ sea,oval, with such aoorova! crsnted
wrLtino orior to conu~encemen~ of any ~ro~osed c~an~e. Failure
co~ol¥ with the ~ermit reculremen~s shall be csuse. ~gr the
Develooment Services O£rector to issue "StOa ~ork" orde~o on all
excavation related acC~vities tak~no olac~ or ~lanned for
eubiect ~ro~ertv. Insubstantial chances shall not ~ecuire
~tten a~rogal and e~all ~nclude reductions ~n or,face a~ea not
a~fec~nc wate~ manacement dee~cn cuan~t~ee~ c~er~a o~ the
m~n~um standards o~ t~e D~v~e~on and ~educt~one ~n
~an~l~ee of m~ter~al ~o be re~oved. ~ w~tten description
~o~oeed ~nevbetan~al chance, ~n~lud~nc an ~lluet~ated aa-built
as ~e~ the excavat~gn ~e~m~t,.to any a~o~ed excavation shall be
submitted ~n w~t~nc to P~o~ect Plan.~ev~ew and to.t~e ~evelo~ent
Compliance Department ,
/.
LDC Page 3-97
3.5.10 ~RFOR/AANCE GUARANTEE REOUIREHENT~.
3.5.10.1 Upon approval of any commercial or developmen= excavation permit,
but prior to the issuance thereof, the Applicant shall, after
notification that the permit has been approved, execute an
Excavation Performance Securltv Aagreement statino that th~
aoDlican= ~e will comply with the provisions of this division and
the permit. Governmental entities shall be exempt from thin
requirements exceot for ln~evenden~ SDeCi~l-OuroOSe oovernmenC
[~ch as a Co,unity Development Dlstric~ ~CODI. Excavation
Performance 'Secur~v shall be re~u~red of an ~ndeoenden=
~DBC~al-DqrDOSe aovernment ~n accordance wkth Sac. 3.5.10.1.3.
~ The Excavation Performance Security Aagreement shall be
Delete stricken language; add underlined language.
, .,~:'~:..
:~,*~:. Delet~ mtr£cken langu&gel add underl£n~d langu&ge.
':i LDO page 3-100
i':' DZV. 3.S
S~C. 3.S.X ·
This division shall be known and may be cited se the 'collier
County Well Construction Coda'.
SEC. 3.6.2
The Board does hereby make the following findingst That it ia
necessary and in the public interest to regulate the location,
Construction, alteration, repair, equip~ent, maintenance, and
plugging of wells in Collier County and iS in the interest of the
public health, safety and welfare. It is therefore the purpose of
thil division to bring About public awareness of proper we~l
construction methods and to initiate and enforce regulation
relating to well construction. Regulation of well construction is
necessary because improperly constructed, repaired, or abandoned
wells, test holes, or hydraulic elevator shafts have the capacity
to create hazards to the health, welfare and safety of the
citizens of Collier County and to pollute or otherwise adversely
affect the quality of water resources in Collier County.
3.6.3
. This division ihall apply to and be enforced in ali areal of
' . Collier County.
SEC. 3.6.4 KEGUL~TION OF W~LLS.
requirements applicable to the construction, repair or
of wells. All wells must be permitted prior to
repair or abando~ent and must be constructed, repaired or
abandoned by a licensed water well contractor. This does
relieve the applicant from obtaining permits from the South
Florida Water Management District which may be required under
Chapter 40E-2 (Consumptive Use}, Chapter 40E-4 (SurfaC~ Water
Management), Chapter 40E-20 (General Water Uss Permits} or Chapter
40E-40 (General Surface Water Managemen~ Permits}, Florida
A~lnistrative Code, ~s may be a~ended fro~ t~me~o time,
3.6.4.2 Pe~lt~ ae~uired.
3.6.4.2.X ~nless expressly exempt In subaec~loa 3.6.4.3, a perm~ mua~ be
obtained from ~he County prior ~o =he coms=ruc=~on, repair
: . abandonmen~ of any well, test hole, or hydraulic elevator shaft
within Collier County. Any well drilled without a pe~lt shall be
plugged by the contractor at the contractor's expense.
3.6.4.2.2 A well construction permit must be obtained prior to the
construction of any gang well, regardless of the size or depth of
the individual wells comprising such gang well, for the purpose of
procuring or obtaining water other than fOF.~p0gaFv dewaterin~.
Delete stricken language; add underlined language.
064 3'35
LDC page 3-100-A
3.&.&.2.3 No test hole shall be converted to a water well unt£1 e ~**
Delete stricken language; add underlined language.
~oo~ 064 ~.336
LDO page 3-101
.:~ 3.6.A.3.¢ No monitoring or observation well .hail be converted to
production well until a well con.tructlon permit or modlfica~£on
thereof is obtained for each product£on well.
3.6.4.3 Exsmnticns. The following wells are exempt from the requirement.
of Seca. 3.$.4.5 and 3.6.4.$. This exemption does not relieve the
applicant from obtain£ng permits which may be race, ired under
Chapter 40E-2 (Consumptive Use), Chapter 40E-4 (Surface Water
Management), Chapter 40E-20 (General Water Use Permit.) or Chapter
40E-40 (General Surface Water Management Permit.), Flor£da
Adm£niatratlve Code, from the South Florida Water Management
Oi.trict.
3.6.¢.3,! No well in exi.tence on the effective date of this dLv£sion shall
be required to conform to the provisions of Seca. 3.6.4 or 3.6.5
... .......... or any rule. or regulations adopted put,usnr hereto. However, any
well now or hereafter abandoned or repaired as defined pursuant to
th£s dlv£sion and any applicable rules or regulations with respect
...... to abandonment of wells, and any well which ia determined by the
County to be a hazard to the ground water resources mugt comply
with the provisions of this division and applicable rules and
~...'~?'A'?" re'gulation, within a reasonable time after notification of such
...l.',l..- . determination has been given.
driven ~r ~et~ed for ~he ~emmorerv dew~ter[no of ~ubsurf.~ce
forma~lo~s for con~ruc[[o~ PurPoses.
3.6.4.~ '- ~xgept[ons a~d Variances. An exception Or variance affecting
permit requirements of =hie divis[on shall occur when~
3.6.4.4.Z The County finds that compliance w~h all ~he requirements of Sec.
3.6.4 may resul~ In an undue hardship for the coca,ruction,
,.... o= abandon.n= of certain wells.
3.6.4.4.2 A~y affected person may request an exemption from ~ny o= all of
. · . thais rules for an individual well by making written re~os~ to
~"' the County Ha~a~er or hie desiqnee which must include those
: "'='~ ....specific re~irements for wh[ch an exemption is requested, any
alternate o= substitute methods or condftion~ considered
appropriate, .-a~d.. reasons why the exemption i8 considered
.... .' · necessary.
Dele~~em..~anpuage~ add underlined language.
,~ ~v: -.~.-~
~ ~ · ,'.:~..< ., .
LD¢ page 3-103
The anticipated atart£ng date.
12. The South Florida Water Management District water use pa=mit or
the water use application number, if applicable.
13. A well completion report and log for any hole which becomes
water well.
14. A single permit shall be issued for all test holes located on one
site.
15. Llkew£ae a single permit shall bo issued for all monitoring wells
located on one site.
3.&.4.5.3 The application must be signed by the owner or hie authorized
agent, if applicable, and a license water well contractor.
3.6.4.5.& The fee required purmuan~ to ~ec. 3.6.4.6 .hal~ be submitted with
the perml~ application.
3.6.4.6 ~. The Board of County
Co~18sioners sha~l es=ablish~ by Resolution, a schedule of fees
and charges for matters pertaining to this d~vislon and 4llied
matters. It l. the lflten~ of these regulations =ha~ the Coun~y
shall no= be required to bear any par= of the cos= of applications
made under this division. The schedule of fees and charges shall
be poa~ed In ~he office of ~he BuLldin~ Departm8n~ and
Resolution es~abl~shing such fees shall be on file w~th the clerk
to the Board. The charges lis=ed may be changed by resolution
the Board of County Co~lssioners and are not subject to tho
procedure for amendmen~ of this division.
3.6.4.7 d on, sue c .
3.6.4.7.1 In order ~o obtain a permit under this division, an
mustz
I. Submit a permit application aa spec~fied In Sec.
2. The permit application fee shall accompany ~he original
application according to the fee schedule provided lot
Sec. 3.6.4.6.
3. Submit proof of a S~ate si Florida, water well contractor
license issued by the South Florida Water Hanagemen~
District, in force, and any subse~ent county contractor
license, mus~ be provided by the applicant at the time
application for a well cons~ruction
Delete atricken language; add underlined language.
LDC page 3-103-A
3.&.&.7.2 A State of Florida contractor license le ~ required for test
holes, test borings, foundation holes or hydraulic elevator
Countyr an~ proof of licensure must be provided by the applicant
with submittal of the permit application.
3.&.¢.?.3 If the applicant le the landowner, evidence of Contractor's name
and proof of license issued by the South Florida Water Management
District and/or Collier County, in force, must be provided to the
County prior to any work commencing on the permitted well.
Delete stricken language1 add underlined language.
,oo, 06 1
LDC page 3-104
3.&.%.~.& An applicant must cert£fy that=
· 1. the proposed well will comply with the construction criteria
set forth in Sec. 3.6.4.
2. The applicant or owner has obtained a South Florid& Water
Management District water use permit under Chspterl 40E-2 or
40E-20, Florida Administrative Code, if applicable.
3. The proposed well will not otherwise adversely affect the
.~ water resources.
3.&.4.7.5 The application must be complete and meet all the requirements of
this division.
3.&.4.?.& Upon lllUanCl of a permit, the County may lmpOII luch lpeCial
conditions thereon as may be necessary to protect the purpose and
intent of this division.
;~< 3.6.4.8 Duration of Permits. Each permit shall be valid for a period of
~ ~ six ¢6~ months. In the event construction, repair, or
abandonment is not completed w£thin that time, the County may
extend the time lim£t an additional three (3] months upon written
request b7 the perm£ttee, provided that the conditions of the
original permit application have not chanqed.
3.6.4.9 v · . The County may suspend or
revoke a permit to construct, repair or abandon a well by written
notice to the permittee under any of the following circumstances=
3.6.4.9.! Material misstatement or misrepresentation in the application for
a permit;
3.6.4.9.2 Failure to comply with the prov£elons set forth in the permit;
· 3.6.¢.9.3 Disregard or v£ol&tion of any provisions of these rules and
<:'. regulations; or
3.&.4.9.4 Unforeseen circumstances which may create a danger to the water
resources or the public health, safety or welfare if the well is
constructed as permitted.
3.~.¢.10 ~.
3.6.¢.10.1 Well completion reports are required for the construction, repair
or abandonment of all wells regardless of whether a permit
= _ application is required under Sec. 3.6.4.5. Well completion
reports shall be filed with the County within thirty (30) days of
the completion of work.
3.6.4.10.2 The water well contractor shall keep or cause to be kept by a
~ driller in his employ an accurate log of all
construction, repair or abandonment activities at the site of
Delete stricken language; add underlined language.
LDC page 3-105
, 3.&.%o10.% The County may alas require that samples be taken during
,-,', conltruction and furnished to the County with the completion
,.. report. If samples are required, the County shall provide
containers and instructions.
3.&.~.11.1 £m~rgsncy permits may be issued by the Coun=y when one of the
following cond£~lons exist that ~uatify the lssuance~
1. An axis(lng well supplying a particular use has failed and
must be immediately replaced;
2. The health, safety, or general welfare of the people of the
County would be ~eopard£zsd without such authorization~
3. Emergency authorization ia needed to lmmed£ately mitigate or
resolve potentially hazardous degradation of water resources;
or
A. A serious set of unforeseen, and unforeseeable circumstances
exists which creates the emergency.
3.~.A.11.2 Emergency permits ~ may be applied for i-m ~ and issued
~ ~ verbally. Xere carelessness or lack of planning on the
part of the applicant, contractor or driller will not constitute
sufficient cause for the issuance of an emergency permit.
3.6.¢.11.3 The applicant for an emergency permit shall submit ~ an
application ~ and the
1~ fee in accordance with Sec. 3.6.4.$ and any other
requested information within t~ ~ ~
after making ~ verbal application for an emergency permit.
3.6.¢.11.4 Seca. ~.6.4.10 and 3.6.5 shall apply to all construction performed
under an emergency permit, except for those cond£tiona that may be
specifically waived by the County upon written requsst~by the
applicant. .
l.~.A.12.1 The County is authorized to inspect any well or abandoned well,
including those wells permitted under Sec. 3.6.$ within its
Jurisdiction, as it deems necessary to insure conformity with
applicable standards. Such inspection may include but not be
limited to p_~ geophysical logg£ng, water level measurements, or
~ _ other methods. Duly authorized representatives of the County may~
upon proper identification and at reasonable times, enter upon and
shall be given access to any premises for the purpose of such
inspection.
Delete stricken language; add underlined language.
LOC page 3-106
';i~" 3.&.i.12.3 I lite lnlpeCtiOn may be conducted by an authorizld rlprllentativl
of the County prior to issuing a permit for construction, repair,
or abandonment of a~y well teac hole, foundation hole, or
hydraulic elevator shafC.
3.6.4.12.4 The County shall be notified by the contractor at least 24 hours
in advance of the commencement of well construction, repair, or
abandonment for all wells. A County representative may be on site
to observe the grouting and other construction activities. If the
County is properly notified and representative is not at the site
accomplished in his their ibsence. All work shall be p~rformed in
compliance with the c~rrent Collier County Nolee Control
Ordinances fOrd. No. 90-17 end Ord, No. 91-56% as may be amended
from time to time.
3.&.4.12.$ If, upon baals of an lnapection, the County finds any well is an
abandoned well, the well shall be plugged a~ the owner°s expense
in accordance with the methods of abandonment as set forth in Sec.
3.$.5.
3~6.~.1.~ Re-inspection fees shall be charted for additional ei~9
visitations reeultina from construction deficiencies and/or
failure of the contractor to notify the inspector o~a change in a
~onstruction schedule.
SEC. 3.6.~ CONSTRUCTION. REPAI~ A~,D ~S;~NDO~M~NT STANDAaDS.
3.&.~.1 ~. The regulations i~ this section relate to the ~tandard~
we~le. All wells within the County unless specifically exempted
under Sec. ~.6.4.3 mu~t comply with these standard~ regardless of
whether a permit Is required under Sec. 3.6.4.
3.6.~.2 ~onstructfon ..methods. Well~ must be so constructed, cased,
grouted, plugged, rapped, or sealed as to prevent uncontrolled
surface flow, uncontrolled movement of water from one aquifer or
zone to another~ contamination of ground water or surfa~ water
re~ource~, or other adverse lmpact~. The following shall apply to
all con~truction, repair, or abando~en= of well~ in Collier
County, except for~
3.6.5.2.~ Public water supply wells which shall be constructed, repaired or
abandoned In accordance with Chapter ~ 17-555, Florida
A~lnietrative Code.
3.6.5%2z2 Injection wells which have received a ~ermit under Chapter 17-28,
Florida Administrative Code, provided the applicable otandardo of
construction are met under Chapter 17-28, Florida A~lnietrative
Code.
3.6.5.3 ~cation. Wells shall be located so as not to peas a threat of
contamination to tho water resource and shall be located within
Delete l=ricken language~ add underlined language.
,oo 064 3'42
LDC page 3-109
MINIM1R4 DIMENSIONS AND WEXGBTS FOR
BLACK OR OALVAN1'ZED STEEL CASXN~3 OR
S WI N
nominal outside wall plain end
size diameter thickness weight
(in.) (in.) Cln.) (lbs/it)
2 2.375 0.154 3.65
3 3.500 0.125 4.51
3.5 4.000 O. 134 5.53
4 4.500 0.142 6.61
5 5.500 0.154 8.79
5.5 6.000 0.164 10.22
6 6.6~5 o.288 22.72
8 8.625 0.188 16.90
3.6.5.&.S Black or galvanized steel casing or liner pipe set ln=o place
without driving, with an outside diameter leas than 3.500 inches
shall have a wall thickness of not leam than 0.125 inches. Black
or galvanized steel casing or liner pipe with a nominal size
between 8 and 16 inches shall have a wall thickness of not less
than 0.250 inches. Steel casing or liner pipe with a nominal size
of 16 inches or more shall have a wall thickness of not less than
0,375 inches.
3.6.5.4.& stainless steel pipe used for casing or liner pipe shall be
Schedule ~ 10-S of the American National Standards Institute
(ANSI B 36.19-1976), or stronger classification.
3.&.5.4.7 Polyvinyl Chloride (PVC) pipe may be used for well casing or liner
pipe. Any PVC pipe used to construct a water well shall have been
marked by the manufacturer, under a method specified by the
National Sanitation Foundation, Ann Arbor, Michigan, as ~uitable
for use in well construction. Any PVC pipe larger than 4.5 inches
outside diameter used for well construction or repair shall have a
working pressure rating of not less than 200 p.a.i, at 73 degrees
Fahrenheit or shall be ASA Schedule 40. Other nonmetallic pipe
may be approved by the County.
3.6.5.4.8 Steel well casing and liner pipe may be Joined in a watertight
manner by threaded couplings or electrical welding methods. PVC
~ pipe shall be Joined by solvent bonded or threaded couplings or
other approved method which shall meet the strength requirements
of casing as specified in Sec. 3.6.5.4.6.
3.6.5.4.9 Nonmetallic and stainless steel well casing or liner pipe shall
not be installed or seated by driving unless prior approval
obtained from the County.
Delete stricken language; add underlined language.
,o K 064
page 3-111
&bore the zone of lost circulation and the annulua ahall be
bridged at that point by sand and other approved material
introduced through the pipe. Grouting or sealing of the annular
apace ahall be complated uaing the pipe or other approved methods.
A tremie pipe, or other approved method may alan be used to
complete grouting when the total volume of grout to be
lmolaced exceeda that which can be safely repi-a~,ed l~olaced in one
continuous operation. Walls shall be grouted by pumping cement
or bentonite orout through the casing or through a tremie pipe
outside the casing only after the annular space is flushed clean
of debris.
Grouting under gravity preasure will not be allowed. The m~
minimum set time for grouting of casing shall be 12 hours before
drilling operations may continue. Bentonite orout may be used
9O~v on domestic, lrriaation, water source or around source hea~
9umo installations or well abandonments with a nominal casino
diameter of four [41 inches or less. Use of Bentonite stout shall
nQ~.be allowed on oublic sgo~lv wells, wells in delineated areas,
wh~e artesian flow occurs or in any identified
sites. Bentonite stout shall be cavced with neat cemen~ in the
uD~er three ~31 feet of the annular soace to orevent damaae to the
~entonite seal,
3.~.).&.2 All wells must have an annular apace equal to or greater than two
inches for grouting.
3.&.~.&.3 Wells conatructed in unconaol£dated formations by any method which
createa an annular apace shall be grouted no more than ten (10)
feet above the top o~ the screen to land surface.
3.&.S.&.a ~11 other wells ahall be grouted from the bottom of the casing to
land surface.
3.&.5.&.$ Grouting and aealing of water wells shall be accomplllhed by the
practices and methoda recommended by section A1-8.4 of AWWA
AlO0-66,1"AWWA Standard for Deep Wells, ~erican Water Works
Association, Inc., or other methods approved by the County.
3.6.~.6.6 Galvanized areal casing ahall be grouted by using be~tonite grout
or acme other acceptable material without the addition of cement.
3.6.5.6.~ Walls constructed by methods which require driven well casing are
exempt from Sec. 3.6.5.6.2 and 3.6,5.6.3, provided all of the
following conditions are met=
1. Casing ahall be driven from land surface to ltl final depth
l~ a borehole smaller In diameter than nominal outside
diameter of the casing used, or be driven from land surface
to its final depth ahead of the drill bftl
2. A drive shoe is uaedl;,
Delete stricken language~ add underlined language,
LDC page 3-112
i'' 3.6.5.&.~ Permanent Well Seals. Wells located on ground subject to flooding
~ shall be properly sealed to prevent the movement of contaminants
and surface water into the well. The upper end of the well casing
shall include & watertight seal ~ ~ A An~ ~ y~
shall be above the 100-year flood level. Pumping equipment and
any necessary pipe or elec~ricai connections shall be so installed
aa ~o preven~ lnadver~en~ in,reduction of con~aminan~s ln~o
well. Plumbin~ equipmen~ and an~ necessary pipinO or elec~rical
connections installed ~i~hin ~he casino shall be installed ~hrouoh
a ~ell seal. An unobstructed inspection por~ equipped wi~h
~emporary removable pluO shall be provided and accessible a~
wellhead for wells four (4} inches or orea~e~ In dizened.
3.~.S.~ ~. The use of explosives In ~ell cons~uc~ion
develo~en~ la prohibi~ed unless specificall~ approved pursuan~ ~o
Sec. 3.6.4.4.
3.6.5.S ~~. If ~he ~ell flo~s a~ land sub,ace, each well shall
be provided ~l~h a valve pqrsuan~ ~o Section 373.206, Florida
S~a~u~ea.
3.~.5.{ ~e d .
3.6.5.~.1 Why well which ~as no~ constructed in accordance wl~h
s~andards of Sec. 3.6.5 and fails ~o be corrected upon
no,ice In accordance wl~h Sec. 3.6.4.12.2 shall be deemed an
abandoned well.
3.{.5.9.2 ~ny well which la an abandoned artisan well unde~ Section
3~3.203(3), Florida S~a~u~es, or l~a successor, shall be plu~ed
In accordance wl~h Sec. 3.6.5.9.3 below.
3.~.5.{.3 All abandoned ~ells shall be plugoed by flllinO ~hem from bo~om
~o ~op ~l~h nea~ cemen~ 9rou~ or o~he~ approved ~ ~
within a ~lme specified by ~he County, unless o~he~lse p~ovided
in ~ri~ln9 by ~he County. The pluggln~ shall be ~o restore o~
improve ~he hydroloolc conditions which existed before the
was constructed. The work shall be accomplished by a 1Zcensed
water well contractor.
3.~.~.9.A A reques= ~o abandon a well shall be submitted on the application
fo~ provided ~y the County.
].6.~.9.5 Tea= holes for =he purpose of ob=aining da~a for engineering
· tudies, seismographic, geophysical or geological exploration
prospecting for minerals bu~ not for the purpose of
producing or disusing of water shall be plugged by filling
from bo~om ~o ~op wE~h a nea~ cemen= grou= or o~her approved
grouting material l~ediately upon comple~Eon of ~es=a. The
Contractor shall be responsible for ~he proper plugging of such
~ea~ holes.
Delete etricken language~ add underlined language.
LDC p·ge 3-112-A
SEC. 3.6,& CONTKACTO~ LICENSINQ ~ND EQUIPMENT REQISTRATION.
CHAPTER ~7--~, 17-531, Flor£da Administrative Code, or its
successor, which requires the licensing of water well contractors
and registration of drilling equipment, is ·dopted by reference
and made part of thil div£tion. Any hereafter required County
water well contractor license must be obtained by the water well
contractor prior to request for · well construction permit or
comm·ncement of well con'struction. Although persons engaged in
the installation of elevator shafts, foundation holes, and/or test
borings may or may not have · license issued by the South Florida
Water Management District, any County License required under ·
County ordinance must be obtained by
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064 P , 3'46
LD¢ Page 3-1~0
'"'i~- .' 3,8,9.1 -ql~gle family or duplex use on & single lot oF parcel. Exem~Lon
shall not apply to any parcel with a ST or ACSC-ST overlay. ~
Delete stricken language; add underlined language.
LDC page 3-123
!,
~.~ SEC, 3,9,3
i~ ufl~awful for any lndlv£dual, flrm, assoc£atlofl, Jolnt
partnereh£p, eotate, trust, mynd£cate, fiduciar¥ corporat£on group,
or un£t of Federal, State, County,
remove or cause to be removed vegetat£on~
w£thout first obtaining a vegetation removal permlt from the
Development Servlces D£rector except as hereinafter exempted.
a s d a s v nm
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a w a w ev
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a war h be
sgc. 3.9.¢
Delete stricken langauge; add underlined language.
LDO page 3-124
3.9.4.2.2 A site plan which lncludesz
1. Property dimenliOnS.
2. Location of existing infrastructure and alterations.
3. Location of proposed structures, Infrastructure and
alterations.
4. The location and e~ec£ea of ail protected vegetation. Large
stands of a e£ngle'specles, such ae cypress heads, may be
indicated as a group.with an approximate number or area.
5. Specific Identification of all specimen trees.
6. Designation of all protected vegetation proposed for removal.
7. Location and data£1s of protact£ve barricading of the
vegetation to be retained.
8. Descriot£on of any oroDosed alteration oF manarovg~
9. Deecrio:Lon of any oroDoeed maintenance tr~lnq ~
man~ToveB~
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LDC page 3-125
SEC. 3.9.5 T ·
3.9.5.1.5 2. ' v u e . The applicant for a
vegetation removal permit shall, at the time of application,
designate representat£ve(a)~
a. Who shall be responsible for the installation and the
maintenance of all tree protection barriers.
b. Who shall be responsible for supervll£ng the removal of
all existing vegetation permitted to be removed or
:
LDC page 3-127
reguie£te caliper may be substituted. Under no c£rcumetancee w£11
landscap£ng be accepted. Replacement nat£ve vegetation shall be
planted wIth£n fourteen (14) fourteen calendar days of removal.
3.9.5.2.? On a parcel of land zoned Residential Single Family (RSF), V£11age
Ree£dent£al (VR)', Eltates (E) or other non-agr£cultural,
non-commercial zoning 'd£1trlct In wh£ch alngle family lOtl have
been subdivided for Ilngle fam£ly use only, a vegetation removal
permit may be issued for any permitted accelaory Ule to that
~oning.
v - 7-
- 7- - 7- a
3.9.S.3 s e · u · ·
For &l~ £nd£v£dual areal of ~ preBerved
plant cor~unltiea large= tha~ one half (1/2) acre Ih asea,
Director, a harts=lye management ~lan indicating =he manner
which the owner w£11 preserve the native plant communities. The
narrative shall lncludet
Dele%e et~£~ken langauge~ add urlderlined language.
' LDC page 3-128
~' IEC. 3.9,& ~EVIEW PROCEDURES
." 3.9.&.1 Issuance of Permit. Based on the information contained in the
application and obtained from the on-site inspection, the
An approv'ed vegoUat£on removal permit is valid fo= & po=led not to
exceed one hundred eighty{180) days ~
V v
V
An extension requested prior to expiration of the orig£naL permit
the Development Sorv£ce8 Director ~
~ The Develops,=
Services D~rec=o=~
may a~ach conditions to ~he permit
no= proposed for removal. A viola=ion of =hess cond~tions sha~l
cause to void ~be vegetation removal permit.
~'.' Delete stricken langauge; add underl£ned language.
[/64
LD¢ page 3-129
3.9.6.4.2 Ex~pt for lo~e om undeveloped coaetal barrier
~ a vegetation removal
permit for clearing one (1) acre or lees of land La not required
for the removal of pro~ected vegetation, other than a mpecimen
tree on a parcel of land zoned rem~demt£al, s£ngle-fam~12
Village Ree£dent£al (V~), or Estates (E), or o~hmr non
agr£cultural, non-commercial zon£ng d£mtr£ctm £n wh£ch m£ngle
fam£1¥ lots have been mubd£v£ded for s~ngle family uae only, where
the following cond£t£onm have been met=
Delete stricken langauge; add underlined language.
064 3'53
LD¢ page 3-130
7-
v w
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D} If the unlawful removal of ~rees has caused any chang~ in
hydrology~ ground elev&~lone or surface water flows~ then
hydrology~ ground elevation or surface ~ater flows shall be
restored ~o pre-violation conditions.
In the event of impending development on property where protected
trees were unlawfully removed, the restoration plan shall indicate
the location of the replacement stock consistent with any approved
plans for subsequent development. For the purposes cf this
Ordinance, impending development shall.mean that a developer has
made appXlcat£on for a development order or has applied for
building permit.
F) The ~ Development R~v[ew ~ Director may, at him
dilCrltion, allow the replacement stock to be pllntld Off--litl
where impending development displacls areal to be restored. In
such situations, off-site plantings shall be on landl under the
control of a public land and/or agency. The off-site location
shall be subject to the approval of the ~u~te Development ~
~ Director.
G) The donation of land and/or of funds under the control of 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 coat to restore the area in which the
violation occurred. (Preservation of different contiguous habitats
is to be encouraged).
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LDC page 3-137-A
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Delete stricken language7 add underXtned l&nguage.
064 ~,~ 3'56
LDC page 3-137-B
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{.DC page 3-137-C
'~,".' 2~ Should the County re~ec~
!:j' viii be urovLded mO the aoo~
· re-eu~mig for county
3.9.6.9,4 Monitor/ne & Reolantina
1. A monttorina orooram mhall
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Any person who feell aggrieved by the application of this
a petition with the ~ Develo~ent ~ ~ Director, to
have the case reviewed by the Collier County Board of County
Co~lss[oners.
}',.: ~ Delete ~tricken language/ add underlined language.
,ooK 064
LDO Pa~e 3-137
s~¢. 3.~.~
LDC page 3-140 *nd 31140-A supplemen~ 7/93
Se~. 3.10.9 ~.
~: 3.10.9.~ · During the
nelting leason, ~he ~ee ~ e conatruct£on ~ w£th£n 100 fee=
of the nesting zone of & beach where sea turtles neat or may nest
~. The ~ Develop~nenC ~
~ez~ee Director shall inform the applicant about lea turtle
federal permits shall be obtaLned prior to a Construction in Sea
Turtle Nesting Area Permit being issued.
Delete atricken language; add underlined language.
~...
,O K 064 e 3'60
LDC Page 3-140-A aupblement 7/93
3.10.9.3 Nest Relocation. I~ the Site Development Review Director
~ ~ or hie or her deeignee ~inde that it
neceaaary ~or a nest to be relocated away from & construction
area, then only the Site Development Review Director
~ou~¢~ DL~=¢~ or hie or her deaignee or an lnd£vidual
poeaeseing a Turtle HandLing Permit ehal~ move the neet. Nhere ~-~
the Site Development Review D[re~gr ~u~ ~ee~t~m C~or or
hie/her designee who poeseese~ a Florida Marine Turtle permit
moves a sea turtle neat the cost to the landowner shall be
ee t~e l=nd~wn~ the fee established bY resolution of the
of County ~o~ieeio~e~e. ~ neet that la more than ~ hours old
ahal[ not be relocated under an~ circumstances.
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00K 064
LDC page 3-142-C supplement 7/93
1. Bridges and causeways to or on undeveloped coastal barr£er
~' , 2. paved roads;
~%':. 3. commercial marlna.~
'~: 4 Ihore hardening structures.
' 3.12.&.3 ~~IS~A~. Filling and excavation are prohibited on
undeveloped coaltal barrierl except aa fellowes
:i 1. When part of a dune or beach restoration program al permitted
by governmental aglncies having Jurisdiction.
:.
2. When part of a Waatswater treatment system as permitted by
governmental agencies having Jurisdiction.
3. When part of a Public Development Plan as perm£tted by
governmental agencies having Jurisdiction.
SEC. 3.12.? ~. NO applicable County permit shall be issued by
the Community Development Ad~lnistrator or his dellgnel, for any
development project which'i~pacts wetlands and/or waters of the
coastal zone, until the appropriate state and/or federal permit{i)
have been issued, including, for example, permits from U.S. Army
Corps of Engineers, Flor£da Department of Environmental ~
~, and South Florida Water Management District, and
provided to the Collier e~ounty Project Plan Review Environmental
staff.
SEC. 3.12.8 ~. In addition to the regulations
contained in Sec. 3.12.5, the following standards shall apply to
any proposed structure or site alteration within all undeveloped
coastal barriers.
3.12.S.1 Density. The County shall not approve any plan of development of
an undeveloped coastal barrier which would exceed a density of one
structure per five acres of fastland, except for legal
nonconforming lots of record, either individually or in
comb£nation with adjacent developments.
3.12.8.2 ~. The following land development activities shall be
prohibitsdl
1. Bridges and causeways to or on undeveloped coastal barrier
lslanda~
2. paved roads~
3. commercial marinas;
4. shore and hardening structures.
vii 3.12.8.3 ~lS--~i~t~. Filling and excavation ere prohibited on
'.'.,~ undeveloped coastal barriers except as followsl
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064
LOC Page 3-144
3.13.7.2 ~y modification, maintenance, or repair, to any ex£mting
/tructure within l£mitl of the existing foundation o= footorint,
which deem not require, involve, o= include any &dd£~£one ko, or
~tructuce, exciuding ~==wGl~; a~ ~ addLtLonl oc enclolure
added, constructed, oc inltalled below the first dwelling floor or
lowe.~ deck of the existing i~ructure.
Delete Itr£cken language~ add underlined language.
LD¢ Page 3-146 supplement 7/93
~'~ p_~ to allow operation o[ vehicles on County
beaches shall expire on April 30th~ of each year, to coincide with
the beginning of sea turtle nesting season. During sea turtle
nearing season, May 1st through October 31st, of each year, all
e~em~e-~e~ ~ permits shall be subject to Sac. 3.14.6 of
this Division.
3.1A.3.2 Vehicles which must travel on the beaches in connection with
: environmental maintenanca~ consarvation~ environmental work,
and/or for purposes allowed by Collier County Ordinance No. 89-16,
providing that the vehicle(a) associated with the permitted usaa
of collier County Ordinance No. 89-16 remain stationary, except to
access and egress the beach, shall be exempt from the provisions
of th£a division It a~ ~ ~ a Derm~ has been
obtained from the ~ Development ~ ~ Director
~ ~ ~ or h~s designee, and said
The procedure for obtaining such ~ ~ ~ ~
shall be by application to the ~ Development ~ ~
Direc=or In writing stating the reason or reasons why it
necessary for such vehicle or vehicles to be operated on the
beaches In connection with an environmental maintenance,
converva=lon, environmen=al purpose a~d/o= for purposes all,ed by
Collier County Ordinance No. 89-16, ~aking into consideration the
vehicular use res~r~c~ion previously stated as I criterion for an
exception, and ~p~' ~~ for such vehicle or
vehicles shall be issued by the ~ ~evelo~ant ~ ~
Director El the ~ Develo~ent ~ ~ Director
satLsiEed that · lawful and proper maintenance, conservat~on~
env~ro~ental pur~ee and/or purpose as described above and
allowed by Collier County Ordinance No, 89-16 will be served
thereby,
}!i:' Del.te stricken language~ add underlined language.
hDC page 3-147
LDC Page C-4
Appendix C - Final Subdivision PX&t Required Cortificat£ons~
![ This Plat approved by the Collier County Utilities Division
this __ day of ~, 19__,
~ A.D.
/.. ,
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,oo~ (164 ~,~:366
~pp~nd£x C - F£~al Subd£v£e£on Plat Required Ce~t£f£cat£onat
ThLe P~at approved by the v
Collie= County. Florida Be~~
· day of __, 19__, A.D.
::.':~: · Pz:oJect: Plan Review Manager
Coll£er County Eng£neer
Delete atricken languagel add underlined language.
LDC Page C-4
Appendix C - Final Subd£v£s£on Plat Requ£red Cert£f£cation.~
Thil Plat approved by the Collier County Public Health ~me~H~ ~ th£1
day of ~, 19__, A.D. with connection to approved central water
and sewerage IyItem; and no ~nd£v£dual potable wa=e= wells o= £ndividual lewagl
D£;ecto; of Env£=onmen=al EngLnee=ing.
Delete stricken language; add underlined language.
incidental and subordinate to the principal use or structure and, unless
otherwise provided, on the same premises. On the same premises with respect to
accessory use and structure shall be construed to mean on the same lot or on a
contiguous lot in the lame ownership and zoning district. Where a building is
attached to the principal building, it shall be considered & part thereof, and
not an accessory building, except aa provided itt Div. 2.6, Supplemental District
Regulat£ons. The facility serving malt, vinous, or alcoholic beverages shall be
deemed An accessory uss for a motel, hotel~ boatel~ private club, country club,
yach~ club, restaurant, bowling alley, or golf club provided al% other
applicable requirements of State law and County regulations are met.
Abandon, W w
PUrPOSe v v
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Commer~at Any vehicle ~ hms ~ ~ ~ ~ ~ ~ ~
~ %~ used In conjunction with m co~erclal or business activity, ~
~. (SEE SEC...2.6.7)
~~/~
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· Delete stricken language; add underlined language.
g64 P,c 3'69
DSDt la used herein shall mean t~he Development Services Dlrector~lg_~ known a~
the Site Development Review DirectOr, and any succe~ [SEE DIV.
3.5]
Eat'ina ~stabli.haentl An establishment der/v£na ~iftv-one oercent ~$1%1 or more
of its arose revenue from the retail sale of food and non-alcohol£c beveraaes
for on-~remiee or lmmedia~e ~9~sumn~on. Eatina establishments may include
drive-throuah restaurants, ~as~-Eood restaurants, sL~-down res~avran~s, ~alk-up
restaurants, and ~ake-ou~ ~re~ared ~ood s~ores as defined bv ~bL~ Code.
~tLon~ ~nv ~em~orarv s~ecLal even~ ~hLch ~s o~en ~o ~he ovblic, aenerally
for an admission or nar~cLoa~on fee and involves any o~ ~he ~ollowLnal
d~s~lav or demonstration of merchandise or ~roduc~s no~ aenerallv for
~ra~Lon or d~s~av of mechanical a~ara~us, artworks, and ~be
demonstration or ~resen~a~lon by an LndLvLdual or q~ou~ whLc~ may or may no~
involve ~he use of animals and similar ~vPe~ o~ ~em~orarv s~ec~al
Exhibitions may have ancillary food and d~k d~s~ensLna facilities.
Festival. Ou~doo~ ~n~ ~em~orarv s~ecLal even~ ~o ~hLch ~he ~ubl~c l~ invited or
~ed for a c~arae or ~ree o~ cos~ a~d ~hLch ~rov~des a~ L~s ma~n a~rac~lg~
~ollo~lna~ 1Lye or am~l~fied mu~c~ 9r, ~he on-sl~e ~re~ara~ion and
dis~enmina of food and dr~nk.
~ve~ent Facilitiest local, state and ~ede~allv owned or leased and o~erated
~overnment facilities that ~ovide ~overnment services, fnciudina ~lma~v civic
aro~h Management Dlrector~ as used herein shall ~eP ~he Lan9 Range Plannin9
Director o~ his designee~d flnv svccessor in function. [SEE DXV. 3.15]
a a u m ~ Vehicles or equipment primarily designed as
tem~rary living ~arters for recreational~ camping, or travel use, arOUsed
the pursuit of other recreational activities such as boating o~ fishing~
vehicles or e~i~ent designed or modified expressly for competition and
o~rated primarily on & tr~ck or course. Said vehicles or e~l~ent must be
maintained la an operational condition.
~lc~ wherebv the merchant
b m w
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:"~, Delete stricken language~ add underlined language.
'..
~2.~.tAs A parcel containing an archaeological s£te, or native habitat,
either wetland or upland or threatened or endangered species, which shall be
preserved in its natural state in perpetuity, with no alteration, lave the
removal of exot£cs. {SEE DiV.
~~_~: A restaurant where food is ordered from a menu normally
while seated at a table, and where table service is provided. Cafeterias are
deemed sit-down restaurants for the purpose of this Land Development Code.
W - t A fast-food facility with one (1) or more walk-up windows.
This type of facility has 'no indoor seating or drive-through windows, but may
have outdoor seating.
~l A change or amendment to an approved, recorded subdLvisLon plat
if such change (a} affects any street layout shown on such plat, (b) affects any
area reserved thereon for public use or (c) d£minishes the sLze of any lot shown
thereon and creates an addit£onal bu£1dl~g lot.
Ye ~ A measurement of the speed of oscillation of
the particles oS a medium when a shock wave travels through the medium. The
Resultant Peak Particle Velocity shall be calculated as the vector sum oS the
peak particle velocity in three (3) mutually perpendicular planes of motion at
any one (1) instant in time. [SEE DIV.
Retall.~~ A use that La clearly incLdental to and cuetoma=~ly found
connection with a permitted industrial use.
~z A eC:~p o~ land, public or p~Lvate, occupied et intended to be
occupied by a attest, crosswalk, =aLl=oad,
gas pipeline, eto~ drainage way, water ma~n, sanitary or storm eewe= main,
fo: a~Llat special use. The usage of the term 'rlght-o~-way' ~o~ land platting
pur~eee shall mean that every right-of-way, whethe= public et private,
hereafter established and shown on a plat Aa to be separate and dLetinc: ~om
the lots or parcels adjoining such right-of-way and not ~ncluded w~thin the
d~ens~ona et areas o~ such lots or parcels. [SEE DIV. 3.2]
- ~ u v v
~~ See Dwelling, Rowhouse.
~~ A trapezoidal area underneath the inner edge of any ~unway
approach sut~ace where that surface la fifty feet (S0') or lees above the runway
end el~vation. The Runway Clear Zone beg~ne at the end of each primary outface,
and Is centered u~n the extended runway cen:erllne.
Delete stricken language; add underlined language.
DIV. ~o3 DEFINITION~
~~yJ~~j~t Services that provide protection to Count~ residents
and v£s£tors for their health, safe~¥, and welfare such as law enforcement,
emergency medical, fire safety, traffic safety, emergency shelters, public
safety training facilities, or emergency heliport facllit£ae.
~ A line marking the minimum ~ distance between a
right-of-way line, property line, bulkhead line, shoreline, access easement line
or other defined location and the beginning point of · required yard or the
bulldable area, as this Land Development Code may require in the particular
5[an.D~~ k sign having two'(2) display surfaces, not necessarily
d£1play£ng the same copy, which are ~ parallel and back-to-back and not
more than twenty-four inches (24}" apart. Double-faced signs shall be measured
by only one (1) side £f both s£des are advert£sing the lame business, commodity,
or service. (SEE DIV. 2.5)
~It~__W.J~ Any sign or displa7 including, but not l~mited to flags, balloons,
banners, streamers and rotating devices, fastened In such · manner to move upon
" be£ng subject to pressure b7 w£nd or breeze, but shall not Anclude official
flags, emblems, insignia or pennants of any religious, educational, national,
irate, or pol£tical subd£vision. (SEE DIV. 2.5)
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DIVe &,3 DEFINITIONS
~ The required opln spice extending across the entire w~dth of the
lot between the front building l£ne and street right-of-way line. Where double
frontage lots exist, the requ£red front yard shall be provided on both streets.
Where corner lots of record existed prior to the date of adoption of Collier
County Ordinance No. 82-2, which lots do not meet m£nimum ~ ~ fron~aae
requirements established in th£s Code, 1) only one (1) fuXX depth front yard
shall be required, 2) all other front yards shall be not less than fifty percent
($0%) of the otherwise required front yard depth ~
"" ' and the full depth front yard shall be
located along the shorter lot line along the street.
Yard Rea~ The required open space extending across the ent£re width of the
rear yard between the inside lines of the side yards and except in corner
Xn the case of through lo~s and corner lots~ ~here ~lXl be no rear yards~ but
only fron~ and side yards. Depth of ·requtred rear yard shall be measured so
tha~ the yard established la a s~rlp of the minimum ~d~h red,red by zoning
d~s~r~c~ regulations with l~s inner edge parallel to the rear lo~ line.
~ ~ yard o~har than , ~ one ad~acen~ to a public ~
~ ~ ~ perform~ the same functions as a s~de or rear 2ard~ bu~
~ ~ e ~ ~ ~ so placed or oriented that neither the te~ 's~de
yard" nor the term 'rear y~rd" clearly applies. (See "Fron~ ~ard," "Skde ~rd,"
"Rear Yard~" o~ S8c~o~
2.6.4).
Delete stricken language; add underlined language.
DZY, 6,3
~J{~~l~! The vertical d£ltance from the firlt finished floor to the
h£gheet point of tbs roof surface of a fist or Bermuda roof, to the deck line of
a mansard roof and to the mean hsight levsi between saves and ridge of gable,
hip, and gambre2 roofs. Where minimum floor elevations ~ ~ ~ ~
have been established by 2aw ~.~, the building height shall
be measured from such required minimum floor elevations. (See Sec. 2.6.3,
'gxclusionm from Height Limits' and 'Off-Street Parking Within a Building'.)
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,oo 064 , 374
DIV.
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06~ P,~.~ 3?6
STATE OF FLORIDA }
COUNTY OF COLLIER )
I, DWIGHT E. BROCK, Clerk of Courts tn and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing ts a true copy of:
Ordinance No. 03-80
which was adopted by the Board of County Commissioners on
the 0th day of December, 1003, during Special Session.
WITNESS my .gand. .and the official seal of the Board of
County Commissioners of Collier County, Florida, this 14th
day of December, 1003.
~'. .... DWIGHT E. BROCK
~' Clerk of Courts and Cle~'
Ex-officio to Board of~ · .-
County Commission,s ;.]..' · '; .. ·
"' " I ~' Deputy Clerk .",,,,. "~"