Ordinance 2010-23
ORDINANCE NO. 10 _23
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE
COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH
INCLUDES THE COMPREHENSIVE LAND REGULATIONS FOR
THE UNINCORPORATED AREA OF COLLIER COUNTY,
FLORIDA, BY PROVIDING FOR: SECTION ONE, RECITALS;
SECTION TWO, FINDINGS OF FACT; SECTION THREE,
ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT
CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING:
CHAPTER 1 - GENERAL PROVISIONS, INCLUDING SECTION
1.08.01 ABBREVIATIONS, SECTION 1.08.02 DEFINITIONS;
CHAPTER TWO - ZONING DISTRICTS AND USES,
INCLUDING TABLE OF CONTENTS, SECTION 2.01.00
GENERALLY, SECTION 2.03.01 AGRICULTURAL ZONING
DISTRICTS, SECTION 2.03.03 COMMERCIAL ZONING
DISTRICTS, SECTION 2.03.04 INDUSTRIAL ZONING
DISTRICTS, SECTION 2.03.07 OVERLAY ZONING DISTRICTS,
SECTION 2.04.00 PERMISSIBLE, CONDITIONAL AND
ACCESSORY USES IN ZONING DISTRICTS, 2.04.01 RULES
FOR INTERPRETATION OF USES, SECTION 2.04.02 EFFECT
OF APPROVALS UNDER THE ZONING REEVALUATION
ORDINANCE, SECTION 2.04.03 RESERVED, SECTION 2.05.01
DENSITY STANDARDS AND HOUSING TYPES; CHAPTER
THREE - RESOURCE PROTECTION, INCLUDING SECTION
3.04.00 PROTECTION OF ENDANGERED, THREATENED, OR
LISTED SPECIES, SECTION 3.04.01 GENERALLY, SECTION
3.04.02 SPECIES SPECIFIC REQUIREMENTS, ADDING
SECTION 3.04.03 REQUIREMENTS FOR PROTECTED
PLANTS, SECTION 3.04.04 PENALTIES FOR VIOLATION:
RESORT TO OTHER REMEDIES, SECTION 3.05.07
PRESERVATION STANDARDS, SECTION 3.06.06
REGULATED WELLFIELDS; CHAPTER FOUR - SITE DESIGN
AND DEVELOPMENT STANDARDS, INCLUDING SECTION
4.02.01 DIMENSIONAL STANDARDS FOR PRINCIPAL USES
IN BASE ZONING DISTRICTS, SECTION 4.02.02
DIMENSIONAL STANDARDS FOR CONDITIONAL USES AND
ACCESSORY USES IN BASE ZONING DISTRICTS, SECTION
4.02.12 SAME - OUTDOOR STORAGE, SECTION 4.02.29
SAME-FARM MARKET OVERLAY SUBDISTRICT, SECTION
4.02.32 SAME-MAIN STREET OVERLAY SUBDISTRICT,
SECTION 4.02.35 DESIGN STANDARDS FOR DEVELOPMENT
IN THE GTMUD-MIXED USE SUBDISTRICT (MXD), SECTION
4.05.02 DESIGN STANDARDS, SECTION 4.05.04 PARKING
SPACE REQUIREMENTS, SECTION 4.06.01 GENERALLY,
SECTION 4.06.05 GENERAL LANDSCAPING REQUIREMENTS,
SECTION 4.08.07 SRA DESIGNATION; CHAPTER FIVE _
SUPPLEMENTAL STANDARDS INCLUDING TABLE OF
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CONTENTS, SECTION 5.03.02 FENCES AND WALLS,
SECTION 5.04.01 GENERALLY (TO BE PROVIDED)
[RENAMED TO TEMPORARY USE PERMITS], SECTION
5.04.04 MODEL HOMES AND MODEL SALES CENTERS,
SECTION 5.04.05 TEMPORARY EVENTS, SECTION 5.04.06
TEMPORARY SIGNS, SECTION 5.04.07 - ANNUAL BEACH
EVENTS PERMITS, ADDING SECTION 5.04.08 [RESERVED],
5.05.05 AUTOMOBILE SERVICE STATIONS, SECTION 5.05.10
TRAVEL TRAILER AND RECREATIONAL VEHICLE PARK
DESIGN STANDARDS, CHAPTER SIX - INFRASTRUCTURE
IMPROVEMENTS AND ADEQUATE PUBLIC FACILITIES
REQUIREMENTS, INCLUDING ADDING SECTION 6.02.09
PUBLIC SCHOOL FACILITIES LEVEL OF SERVICE
REQUIREMENTS, SECTION 6.06.05 CLEAR SIGHT DISTANCE;
CHAPTER EIGHT DECISION-MAKING AND
ADMINISTRATIVE BODIES, INCLUDING SECTION 8.03.01
[PLANNING COMMISSION] ESTABLISHMENT; POWERS AND
DUTIES, SECTION 8.03.02 MEMBERSHIP, SECTION 8.03.03
QUORUM AND VOTING, SECTION 8.03.04 RULES OF
PROCEDURE, SECTION 8.03.05 COMPENSATION, SECTION
8.03.06 MEETINGS, SECTION 8.03.07 STAFF, SECTION
8.03.08 APPEALS, SECTION 8.04.01 [BOARD OF ZONING
APPEALS] ESTABLISHMENT; POWERS AND DUTIES, 8.04.02
MEMBERSHIP, 8.04.03 QUORUM AND VOTING, SECTION
8.04.04 RULES OF PROCEDURE, SECTION 8.04.05
COMPENSATION, SECTION 8.04.06 MEETINGS, SECTION
8.05.01 [BUILDING BOARD OF ADJUSTMENTS AND
APPEALS] ESTABLISHMENT AND PURPOSE, SECTION
8.05.02 POWERS AND DUTIES, SECTION 8.05.03
MEMBERSHIP, SECTION 8.05.04 QUORUM, SECTION 8.05.05
RULES OF PROCEDURE, SECTION 8.06.01
[ENVIRONMENTAL ADVISORY COUNCIL] ESTABLISHMENT,
SECTION 8.06.02 PURPOSE, SECTION 8.06.03 POWERS AND
DUTIES, SECTION 8.06.04 MEMBERSHIP, SECTION 8.06.05
QUORUM AND VOTING, SECTION 8.06.06 RULES OF
PROCEDURE, SECTION 8.06.07 COMPENSATION, SECTION
8.06.08 MEETINGS, SECTION 8.06.09 EVALUATION OF THE
EAC; SECTION 8.06.10 APPEAL, SECTION 8.07.01
[HISTORIC/ARCHAEOLOGIC PRESERVATION BOARD]
ESTABLISHMENT, SECTION 8.07.02 POWERS AND DUTIES,
SECTION 8.07.03 MEMBERSHIP, SECTION 8.07.04
COMPENSATION, SECTION 8.07.05 MEETINGS; CHAPTER
TEN - APPLICATION, REVIEW, AND DECISION-MAKING
PROCEDURES, INCLUDING SECTION 1 0.02.02 SUBMITTAL
REQUIREMENTS FOR ALL APPLICATIONS, SECTION
1 0.02.03 SUBMITTAL REQUIREMENTS FOR SITE
DEVELOPMENT PLANS, SECTION 1 0.02.04 SUBMITTAL
REQUIREMENTS FOR PLATS, SECTION 1 0.02.06 SUBMITTAL
REQUIREMENTS FOR PERMITS, SECTION 10.02.07
SUBMITTAL REQUIREMENTS FOR CERTIFICATES OF
PUBLIC FACILITY ADEQUACY, SECTION 10.02.12 RESERVED
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[RENAMED TO SUBMITTAL REQUIREMENTS FOR NON-PUD
RESIDENTIAL REZONES], SECTION 10.02.13 PLANNED UNIT
DEVELOPMENT (PUD) PROCEDURES, SECTION 10.03.05
NOTICE REQUIREMENTS FOR PUBLIC HEARINGS BEFORE
THE BCC, THE PLANNING COMMISSION, THE BOARD OF
ZONING APPEALS, THE EAC, AND THE HISTORIC
PRESERVATION BOARD, SECTION 10.04.00 REVIEW AND
ACTION ON APPLICATIONS FOR DEVELOPMENT ORDERS
AND PETITIONS FOR AMENDMENTS TO THE OFFICIAL
ZONING MAP, THE LDC OR THE GMP, SECTION 10.04.09
REQUEST FOR CONTINUANCE OF PUBLIC HEARING
(RESERVED) [RENAMED TO SCHOOL CONCURRENCY
PROCEDURES FOR REVIEW AND APPROVAL OF
RESIDENTIAL SUBDIVISION PLAT AMENDMENTS];
APPENDIX G ANNUAL BEACH EVENT STANDARD PERMIT
CONDITIONS; SECTION FOUR, CONFLICT AND
SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER
COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX,
EFFECTIVE DATES.
Recitals
WHEREAS, on October 30, 1991, the Collier County Board of County
Commissioners adopted Ordinance No. 91-102, the Collier County Land Development
Code (hereinafter LDC), which was subsequently amended; and
WHEREAS, the Collier County Board of County Commissioners (Board) on June
22, 2004, adopted Ordinance No. 04-41, which repealed and superseded Ordinance No.
91-102, as amended, the Collier County Land Development Code, which had an
effective date of October 18, 2004; and
WHEREAS, the LDC may not be amended more than two times in each calendar
year unless additional amendment cycles are approved by the Collier County Board of
Commissioners pursuant to Section 10.02.09 A. of the LDC; and
WHEREAS, this is the first amendment to the LDC for the calendar year 2010;
and
WHEREAS, on March 18, 1997, the Board adopted Resolution 97-177
establishing local requirements and procedures for amending the LDC; and
WHEREAS, all requirements of Resolution 97-177 have been met; and
WHEREAS, the Board of County Commissioners, in a manner prescribed by law,
did hold advertised public hearings on May 17, 2010 and June 2,2010 and June 8,2010
and did take action concerning these amendments to the LDC; and
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WHEREAS, the subject amendments to the LDC are hereby determined by this
Board to be consistent with and to implement the Collier County Growth Management
Plan as required by Subsections 163.3194 (1) and 163.3202 (1), Florida Statutes; and
WHEREAS, this ordinance is adopted in compliance with and pursuant to the
local government comprehensive planning and land development regulation act (F.S. 9
163.3161 et seq.), and F.S. 9 125.01(1)(t) and (1)(w); and
WHEREAS, this ordinance is adopted pursuant to the constitutional and home
rule powers of Fla. Const. Art. VIII, 9 1(f); and
WHEREAS, all applicable substantive and procedural requirements of the law
have otherwise been met.
NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners
of Collier County, Florida, that:
SECTION ONE: RECITALS
The foregoing Recitals are true and correct and incorporated by reference herein
as if fully set forth.
SECTION TWO: FINDINGS OF FACT
The Board of Commissioners of Collier County, Florida, hereby makes the
following findings of fact:
1. Collier County, pursuant to Sec. 163.3161, et seq., Fla. Stat., the Florida
Local Government Comprehensive Planning and Land Development Regulations Act
(herein after the "Act"), is required to prepare and adopt a comprehensive plan.
2. After adoption of the Comprehensive Plan, the Act and in particular
Section 163.3202(1). Fla. Stat., mandates that Collier County adopt land development
regulations that are consistent with and implement the adopted comprehensive plan.
3. Section 163.3201, Fla. Stat., provides that it is the intent of the Act that
the adoption and enforcement by Collier County of land development regulations for the
total unincorporated area shall be based on, be related to, and be a means of
implementation for, the adopted comprehensive plan.
4. Section 163.3194(1)(b), Fla. Stat., requires that all land development
regulations enacted or amended by Collier County be consistent with the adopted
comprehensive plan, or element or portion thereof, and any land regulations existing at
the time of adoption which are not consistent with the adopted comprehensive plan, or
element or portion thereof, shall be amended so as to be consistent.
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5. Section 163.3202(3), Fla. Stat., states that the Act shall be construed to
encourage the use of innovative land development regulations.
6. On January 10, 1989, Collier County adopted the Collier County Growth
Management Plan (hereinafter the "Growth Management Plan" or "GMP") as its
comprehensive plan pursuant to the requirements of Sec. 163.3161 et seq., Fla. Stat.,
and Rule 9J-5 F.A.C.
7. Section 163.3194(1)(a), Fla. Stat., mandates that after a comprehensive
plan, or element or portion thereof, has been adopted in conformity with the Act, all
development undertaken by, and all actions taken in regard to development orders by,
governmental agencies in regard to land covered by such comprehensive plan, or
element or portion thereof shall be consistent with such comprehensive plan or element
or portion thereof.
8. Pursuant to Sec. 163.3194(3)(a), Fla. Stat., a development order or land
development regulation shall be consistent with the comprehensive plan if the land uses,
densities or intensities permitted by such regulation are compatible with and further the
objectives, policies, land use densities and intensities in the comprehensive plan and if it
meets all other criteria enumerated by the local government.
9. Section 163.3194(3)(b), Fla. Stat., requires that a development approved
or undertaken by a local government shall be consistent with the comprehensive plan if
the land uses, densities or intensities, capacity or size, timing, and other aspects of
development are compatible with, and further the objectives, policies, land uses,
densities, or intensities in the comprehensive plan and if it meets all other criteria
enumerated by the local government.
10. On October 30, 1991, Collier County adopted the Collier County Land
Development Code, which became effective on November 13, 1991 and may be
amended twice annually. The Land Development Code adopted in Ordinance 91-102
was recodified and superseded by Ordinance 04-41.
11. Collier County finds that the Land Development Code is intended and
necessary to preserve and enhance the present advantages that exist in Collier County;
to encourage the most appropriate use of land, water and resources consistent with the
public interest; to overcome present handicaps; and to deal effectively with future
problems that may result from the use and development of land within the total
unincorporated area of Collier County and it is intended that this Land Development
Code preserve, promote, protect and improve the public health, safety, comfort, good
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order, appearance, convenience and general welfare of Collier County; to prevent the
overcrowding of land and avoid the undue concentration of population; to facilitate the
adequate and efficient provision of transportation, water, sewerage, schools, parks,
recreational facilities, housing and other requirements and services; to conserve,
develop, utilize and protect natural resources within the jurisdiction of Collier County; to
protect human, environmental, social and economic resources; and to maintain through
orderly growth and development, the character and stability of present and future land
uses and development in Collier County.
12. It is the intent of the Board of County Commissioners of Collier County to
implement the Land Development Code in accordance with the provisions of the Collier
County Comprehensive Plan, Chapter 125, Fla. Stat., and Chapter 163, Fla. Stat., and
through these amendments to the Code.
SECTION THREE: ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT
CODE
SUBSECTION 3.A. AMENDMENTS TO SECTION 1.08.01 ABBREVIATIONS
Section 1.08.01 Abbreviations, of Ordinance 04-41, as amended, the Collier County Land
Development Code, is hereby amended to read as follows:
1.08.01 Abbreviations
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CSA Concurrency Service Areas
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FISH Florida Inventory of School Houses
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SCADL School Capacity Availability Determination Letter
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SIA School Impact Analvsis
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SUBSECTION 3.B.
AMENDMENTS TO SECTION 1.08.02 DEFINITIONS
Section 1.08.02 Definitions, of Ordinance 04-41, as amended, the Collier County Land
Development Code, is hereby amended to read as follows:
1.08.02
Definitions
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Ancillary Facility: A buildino or other facility necessary to provide district-wide
support services. such as an eneroy plant, bus oaraoe, warehouse. maintenance
buildino. and/or administrative buildino.
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Concurrency Service Area (CSA): A oeooraphic area in which the level of
service standard for each type of school is measured when an application for residential
development is reviewed for school concurrency purposes.
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Dwellinq, multi-family: A oroup of 3 or more dwellino units within a sinole
buildino.
For purposes of determinino whether a lot is for multi-family dwellino use. the
followino characteristics shall be considered:
~ Multiple-family dwellino uses may involve dwellino units intended to be rented
and maintained under central ownership and manaoement, or cooperative
apartments. or condominiums, and the like and may include the fee
ownership of land beneath each dwellino unit followino development from a
common base of ownership.
For purposes of differentiatino between multi-family residential dwellino units and
other similar or related uses, and for density calculations purposes. the followino
shall apply:
~ Any multiple-family dwellino in which dwellino units are available for rental for
periods of less than one week shall be considered a tourist home. a motel.
motor hotel. or hotel. as the case may be. and shall only be permitted in
districts where specifically desionated.
b. Timeshare estate facilities shall be considered as intended primarily for
transient occupancy and shall only be permitted in districts where specifically
desionated.
c. Guesthouses and employee quarters shall not be considered as dwellino
units in the computation of density.
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Florida Inventory of School Houses (FISH) - Permanent CalJacity: The report of
the permanent capacity of existina public school facilities. The FISH capacity is the
number of students that may be housed in a facility (school) at any aiven time based on
a percentaae of the total number of existina student stations and a desianated size for
each proaram.
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Lot. corner. A lot located at the intersection of two or more streets. A lot abuttina
a curved street or streets shall be considered a corner lot if straiaht lines drawn from the
foremost points of the side lot lines to the foremost point of the lot meet at an interior
anale of less than 135 dearees.
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Lot, interior: A lot other than a corner lot. with only one frontaae on a street. See
Fiaure 8.
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Lot, throuah: A lot other than a corner lot. with frontaae on more than one street.
Throuah lots abuttina two streets are considered double-frontaae lots. See Fiaure 8.
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School CalJacity Availability Determination Letter (SCADL): Based upon a School
Impact Analvsis (SIA), a letter prepared by the School District. identifyina if school
capacity is available to serve a residential proiect. if capacity exists for each school type,
and whether the proposed development is conceptually approved or vested.
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SchoollmlJact Analysis (SIA): A detailed report which evaluates a development
plan for a proposed residential development and identifies the anticipated student impact
from the development on the level of service standard within the Concurrency Service
Area for each school type.
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Sl:JtJdi~'lsioA, minor: The division of I:md, whether improved or unimproved, into
three or more, but less th:m ten, contiguous lots or parcels of land, for the purpose,
'A'hether immediate or future, of transfer of ownership or development, which does not
involve the extension of an existing street or the establishment of a nev.' street :md does
not involve the extension, creation or est:::lblishment of any improvement otherwise
required in section 10.02.05.
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Timeshare estate: Anv interest in a dwellina unit under which the exclusive riaht
of use, ownership, possession. or occupancy of the unit circulates amona the various
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owners of timeshare estates in such unit in accordance with a fixed time schedule on a
periodically recurrino basis for a period of time established by such schedule.
Timeshare estate facilitv: Any dwellino in which timeshare estates have been
created.
Timeshare unit: A dwellino unit in which timeshare estates have been created.
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Vegetation, native: Native vegetation means native southern Floridian species as
determined by accepted valid scientific references such as those listed identified in
section 4.06.05G. '.I\!here this Code ref-ers to, or requires retention of, existing n:ltive
veget:ltion, the term n:lti'le 'Ieget:ltion is further defined :IS :I vegetative community
having 75% or less c:lnopy coverage of melaleuca or other in'.'3si'.'e exotic pbnt species.
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2008 Interlocal Aareement: the Interlocal Aoreement between the Collier County
School Board and Collier County as recorded in Official Record Book 4492. Paoe 1107.
et sea.. which bears an effective date of October 14. 2008, establishino processes for
public school facility plannino and public school concurrency.
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BLOCK- '''''
='-'-" ~~:,"'Wi^G;J-Y'--....
'L .' COR"," T '"TOROOR -r-. ~ '--...
. LOT LOT I I -'. -'--...
I ;:-1: ~^C<-TO'1: ........... .'--...
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. BACK LOTS . ". .
. INTERIOR
I lOT THROUGH I CORNfR) ..........
: FlAG : lOT lOT /...........
. Di?~H lOT I : /".
I ~i:i',' . ... . /
. LINES' ---'. LOT /"
I . '--->1 I W'Ol". /
~~~'~. '"',~iOR: ..---.:l.. .
(-'~-l _' STREET--"l.._____) /
1-'-'-'-'-'-'
...- MEJI.'lUIUO AT REQUIREO
BUILDING SETBACK LINE
Fioure 8
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SUBSECTION 3.C. AMENDMENTS TO CHAPTER 2 ZONING DISTRICTS AND USES _
TABLE OF CONTENTS
Chapter 2 Zoning Districts and Uses Table of Contents, of Ordinance 04-41, as amended, the
Collier County Land Development Code, is hereby amended to read as follows:
CHAPTER 2 ZONING DISTRICTS AND USES
2.01.01
2.01.02
2.01.03
2.01.04
2.02.01
2.02.02
2.02.03
2.02.04
2.01.00 Generally
Purpose
Miscellaneous Structures
Essential Services
Polling Places
2.02.00 Establishment of Zoning Districts
Establishment of Official Zoning Atlas
District Nomenclature
Prohibited Uses
Continuation of Provisional Uses
2.03.00 Zoning Districts; Permitted Uses, Accessory Uses, and Conditional Uses
2.03.01
2.03.02
2.03.03
2.03.04
2.03.05
2.03.06
2.03.07
2.03.08
2.03.09
2.03.10
Agricultural Zoning Districts
Residential Zoning Districts
Commercial Zoning Districts
Industrial Zoning Districts
Civic and Institutional Zoning Districts
Planned Unit Development Districts
Overlay Zoning Districts
Rural Fringe Zoning Districts
Open Space Zoning Districts
Districts Under Moratorium [Reserved]
2.04.00 Permissible, Conditional, and ACGessory Uses in Zoning Districts Reserved
2.01.01
2.01.02
2.01.03
2.05.01
2.05.02
2.06.01
2.06.02
2.06.03
2.06.04
2.06.05
2.06.06
Rules for Interpretation of Uses
Effect of Appro..,3ls Under the Zoning Ree'ialu3tion Ordin3nce
Reserved
2.05.00 Density Standards
Density Standards and Housing Types
Density Blending
2.06.00 Affordable Housing Density Bonus
Generally
Purpose and Intent
AHDB Rating System
Limitations on Affordable Housing Density Bonus
Affordable Housing Density Bonus Monitoring Program
Violations and Enforcement
2.07.00 Reserved
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SUBSECTION 3.D.
AMENDMENTS TO SECTION 2.01.00 GENERALLY
Section 2.01.00 Generally, of Ordinance 04-41, as amended, the Collier County Land
Development Code, is hereby amended to read as follows:
2.01.00 GENERALLY
A. P:3rking :3nd storage of vehicles 'Nithout current license plates. Vehicles or trailers
of :3ny type that :3re not immedi::ttely operable, or used for the purpose for which
they were m:3nuf::tctured without mech:3nic:31 or electric:31 repairs or the
replacement of P:3rts; or do not meet the Florida S:3fety Code; or do not h:3ve
current v:3lid license plates; or do not meet the definition of recre:3tion:31
equipment as defined ':Jithin this Code, shall not be parked or stored on any
residentially zoned or designated property, including the E est:3tes district, other
th:3n in a completely enclosed building. For the purpose of this section :3 license
pl:3te sh:311 not be considered v:3lid unless it is both affixed to :3 '.'ehicle or tr:3iler in
:3 f::tshion authorized by Florid:3 law :3nd is registered to the vehicle or trailer upon
which it is displayed.
B. Parking, stor:3ge or use of major recre:3tion:31 equipment. No recreational
equipment sh:311 be used for living, sleeping, or housekeeping purposes when
p:3rked or stored on a residenti:3l1y zoned lot, residential districts, or :3ny 10c:3tion
not :3ppro'Jed f-or such use. In districts permitting single f:3mily homes or mobile
homes, m::tjor recreation:31 equipment may be parked or stored only in a rear
yard, or in a completely enclosed building, or in a c:3rport, or on d:3vits or cr:3dles
:3djacent to 'NaterW:3Ys on residenti::tlly zoned property; provided, however, that
such equipment may be p:3rked :3nYll.'here on residential premises, other than on
county rights of W3Y or right of 'Nay easements for :3 period not to exceed six
hours within :3 time period of seven days for loading :3nd unloading, :3nd/or
c1e:3ning prior to or :3fter a trip. For the purpose of this section the re:3r Y:3rd f-or a
corner lot sh:311 be considered to be th3t portion of the lot opposite the street 'h'ith
the le:3st frontage. For through lots the re3r Y:3rd sh:311 be considered to be th:3t
portion of the lot lying between the rear elev:3tion (by design) of the residence
and the street.
The following exceptions m:3Y be gr:3nted by the County Manager or designee:
1. Such recre:3tion:31 equipment m:3Y be p:3rked upon the premises of the
resident f-or :3 period not exceeding se'.'en d:3Ys for the purpose of
repairing :3nd/or cleaning prior to or :3fter :3 trip. ^ tempor:3ry use permit
must be obt:3ined to :3uthorize this acti'/ity. The permit for such period
sh:311 be :3ffixed to the vehicle in :3 conspicuous pl::tce on the street side
thereof. No more th:3n two consecutive permits m:3Y be issued and the
m:3ximum number of permits issued during one c:3lendar ye:3r sh:311 be
restrioted to four.
2. Nonresident: Such car, tr:3iler, bus or motor home, when used for
tr:3nsport:3tion of visitors to this county to visit friends or member of the
visitor's f::tmily residing in this oounty m:3Y be parked upon the premises of
the visited f:3mily for a period not exceeding seven d3YS. A tempor:3ry use
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permit must be obtained to 3uthorize this 3ctivity. The permit for such
period shall be 3ffixed to the vehicle in a conspicuous place or on the
street side thereof. This does not 3110\\' for li':ing, sleeping, or
housekeeping purposes. No more th3n two consecutive permits m3Y be
issued 3nd the m3ximum number of permits issued during one calend3r
year shall be restricted to four.
3. Parking of commercial vehicles or commerci31 equipment in residenti31
3reas. It shall be unla'Mul to p3rk 3 commerci31 vehicle or commerci31
equipment on 3ny lot in 3 residentbl zoning district unless one of the
following conditions exists:
a. The vehicle and/or equipment is engaged in 3 construction or
service oper3tion on the site where it is p3rked. The vehicle or
equipment must be removed 3S soon as the construction or
service 3ctivity h3s been completed.
b. The vehicle 3nd/or equipment is parked in 3 gar3ge or fully
enclosed structure or carport which is structurally or veget3tively
screened 3nd cannot be seen from 3cijacent properties or the
street serving the lot.
c. The vehicle is p:::lrked in the re:::lr of the main structure and is
enclosed within 3 vegebtive screening which conce:::lls the vehicle
from the view of neighbors.
d. Automobiles; p:::lssenger type vans; 3nd pickup trucks h3ving 3
rated 103d cap3city of one ton or less all of which do not exceed
7.5 feet in height, nor 7.0 feet in 'Nidth, nor 25 feet in length sh311
be exempted from this section unless otherwise prohibited by 3
special parking overlay district cre3ted pursu3nt to Section
2.03.07 M.
e. Exempted from this section 3re sm311 commerci31 equipment such
as 13dders 3nd pipes that cannot be contained in the vehicle. S3id
equipment shall be limited to one bdder or one unit of pipe which
does not exceed 12 inches in di3meter per commercial vehicle.
Said equipment shall be secured atop the vehicle and shall not
extend beyond the length, height or width of the vehicle.
1. B03ts or other fl03ting equipment used 3S dwelling units. Boats or other
fl03ting equipment being used 3S Etv:elliRg units or 3S commerci31
est3blishments may not anchor or tie up in w3ters under the jurisdiction of
the county for longer th3n 48 hours, except 3t fucilities located in zoning
districts permitting such use 3nd 3t facilities within such districts
design3ted for such use 3nd meeting county and st3te he31th standards
for such use.
5. Condominiums. This Code chall be construed and 3pplied with reforence
to the nature of the use of such property without regard to tho f-orm of
o'Nnership. Condominium forms of ownership shall be subject to this
Code 3S is 3ny other form of o'Nnership. ConEtominil:lms of any kind,
type or use sh:::lll comply with the provisions of F.S. Ch. 718, 3S 3m ended,
knO\'m as the "Condominium Act."
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6. Deed restrictions. This Code shall not be affected by any deed restrictions
or restrictive covenants recorded with any deed, plat or other legal
documents. No person or agency, in the capacity of enforcing and
administering this Code, shall be responsible for enforcing any deed
restrictions.
2.01.01 - PURPOSE
It is the intent and purpose of this Chapter to establish and adopt zoning districts to
govern the use of land and water in the unincorporated areas of Collier County, Florida.
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SUBSECTION 3.E.
AMENDMENTS TO SECTION 2.03.01 AGRICULTURAL ZONING
DISTRICTS
Section 2.03.01 Agricultural Zoning Districts, of Ordinance 04-41, as amended, the Collier County
Land Development Code, is hereby amended to read as follows:
2.03.01 Agricultural Zoning Districts.
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B. Estate District (E). The purpose and intent of the estates district (E) is to provide
lands for low density residential development in a semi-rural to rural
environment, with limited agricultural activities. In addition to low density
residential development with limited agricultural activities, the E district is also
designed to accommodate as conditional uses, development that provides
services for and is compatible with the low density residential, semi-rural and
rural character of the E district. The E district corresponds to and implements the
estates land use designation on the future land use map of the Collier County
GMP, although, in limited instances, it may occur outside of the estates land use
designation. The maximum density permissible in the E district shall be
consistent with and not exceed the density permissible or permitted under the
estates district of the future land use element of the Collier County GMP as
provided under the Golden Gate Master Plan.
1. The following subsections identify the uses that are permissible by right
and the uses that are allowable as accessory or conditional uses in the
estates district (E).
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b. Accessory Uses.
1. Uses and structures that are accessory and incidental to
uses permitted as of right in the (E) district.
2. Field crops raised for the consumption by persons residing
on the premises.
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3. Keeping of fowl or poultry, not to exceed 25 in total
number, provided such fowl or poultry are kept in an
enclosure located a minimum of 30 feet from any lot line,
and a minimum of 100 feet from any residence on an
adjacent parcel of land.
4. Keeping of horses and livestock (except for hogs), not to
exceed two such animals for each acre, and with no open
feedlots. Any roofed structure for the shelter and feeding of
such animals shall be a minimum of 30 feet from any lot
line and a minimum of 100 feet from any residence on an
adjacent parcel of land.
i. On 10ts/Darcels of 1.25 acres and qreater. section
5.04.05 D.1. provides for the issuance of a 16-week
temporary use permit (TUP) to keep a maximum of
2 hoqs while enqaqed in a bona fide 4-H youth
development proqram.
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SUBSECTION 3.F.
AMENDMENTS TO SECTION 2.03.03 COMMERCIAL ZONING
DISTRICTS
Section 2.03.03 Commercial Zoning Districts, of Ordinance 04-41, as amended, the Collier
County Land Development Code, is hereby amended to read as follows:
2.03.03 Commercial Zoning Districts
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F. Travel Trailer-Recreational Vehicle Campground District (TTRVC). +Ae
provisions of this district are intended to apply to trailer lots for tr3vel tr3i1ers,
park model travel tr3ilers 3nd recreational ',ehisles, not exceeding 480 squaro
feet in gross floor area. Such trailer lots 3re intended to 3ccommodate tr3'.'el
tr3ilers, model tr3'/el trailers, pickup c03ches, motor homes, and other vehicular
accommod3tions v:hich 3re suit3ble for tempor3ry h3bitation, used f-or travel,
vac3tion, and recre3tion31 purposes. C3mpsites 3re intended to 3ccommodate
temporary residency 'Nhile c3mping, v3cationing or recre3ting. TTRVC vehicles
m3Y be perm3nently located on 3 lot; however, no person or persons m3Y
occupy s3id vehicles 3S perm3nent pbces of residence.
1. Purpose and intent. The provisions of this district are intended to apply to
trailer lots for travel trailers, park model travel trailers and recreational
vehicles, not exceeding 48Q 500 square feet in gross floor area. Such
trailer lots are intended to accommodate travel trailers, model travel
trailers, pickup coaches, motor homes, and other vehicular
accommodations which are suitable for temporary habitation, used for
travel, vacation, and recreational purposes. Campsites are intended to
accommodate temporary residency while camping, vacationing or
recreating, TTRVC vehicles may be permanently located on a lot;
however, no person or persons may occupy said vehicles as permanent
places of residence.
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SUBSECTION 3.G.
AMENDMENTS TO SECTION 2.03.04 INDUSTRIAL ZONING
DISTRICTS
Section 2.03.04 Industrial Zoning Districts, of Ordinance 04-41, as amended, the Collier County
Land Development Code, is hereby amended to read as follows:
2.03.04 Industrial Zoning Districts
A. Industrial District (I). The purpose and intent of the Industrial district (I) is to
provide lands for manufacturing, processing, storage and warehousing,
wholesaling, and distribution. Service and commercial activities that are related
to manufacturing, processing, storage and warehousing, wholesaling, and
distribution activities, as well as commercial uses relating to automotive repair
and heavy equipment sales and repair are also permissible in the I district. The I
district corresponds to and implements the industrial land use designation on the
future land use map of the Collier County GMP.
1. The following uses, as identified within the Standard Industrial
Classification Manual (1987), or as otherwise provided for within this
section, are permitted as a right, or as accessory or conditional uses
within the industrial district (I).
a. Permitted uses.
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54. Existina retail uses that were in operation on January 1,
2009. in the Industrial zonina district and which have been
continuously and conspicuously operatina in the Industrial
zonina district as of rthe date of adootion of this
amendmentl, without limitation as to SQuare footaae of the
retail use. These existina retail businesses shall be treated
as leaal non-conformina uses in accordance with the LDC.
provided however that in the event of destruction or
damaae due to natural disaster, the structures housina
such uses may be rebuilt to their pre-disaster condition.
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SUBSECTION 3.H.
AMENDMENTS TO SECTION 2.03.07 OVERLAY ZONING DISTRICTS
Section 2.03.07 Overlay Zoning Districts, of Ordinance 04-41, as amended, the Collier County
Land Development Code, is hereby amended to read as follows:
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2.03.07 Overlay Zoning Districts
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D. Special Treatment Overlay (ST).
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4. Transfer of Ddevelopment Rights (TDR).
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c. TOR credits from RFMU sending lands: General Provisions
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ii. Creation of TOR Bonus credits. TOR Bonus credits
shall only be generated from RFMU sending land
property from which TOR credits have been severed.
The three types TOR Bonus credits are as follows:
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c) Early Entry Bonus credits. Early Entry Bonus
credits shall be generated at a rate of 1 additional
credit for each TOR credit that is severed from
RFMU sending land for the period from March 5,
2004 ~ until March 27. 2012 three years after
the adoption of this regulation. Early Entry Bonus
credits shall cease to be generated after the
termination of this early entry bonus period.
However, Early Entry Bonus credits may
continue to be used to increase density in RFMU
and non-RFMU Receiving Lands after the
termination of the Early Entry Bonus period.
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f. Procedures applicable to the severance and redemption of
TOR credits and the generation of TOR Bonus credits from
RFMU sending lands.
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ii. In order to facilitate the County's monitoring and
regulation of the TOR Program, the County shall serve
as the central registry for all TDR severances, transfers
(sales) and redemptions, as well as maintain a public
listing of TDR credits available for sale along with a
listing of purchasers seeking TDR credits. No TDR
credit generated from RFMU sending lands may be
utilized to increase density in any area unless the
following procedures are complied with in full.
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b) TDR Bonus credits shall not be used to increase
density in either non-RFMU receiving areas or
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RFMU receiving lands until
credit certificate reflecting the TOR
credits is obtained from the County.
aTDR
Bonus
1) Early Entry Bonus credits. All TOR
credit certificates issued by the County for
the period from the effective date of this
provision until March 27. 2012 three years
3fter such effective d3te shall include one
Early Entry Bonus credit or fractional Early
Entry Bonus credit for each TOR credit or
fractional TOR credit reflected on the TOR
credit certificate. Where TOR credits were
severed from March 5, 2004, until the
effective date of this provision, the County
shall, upon receipt of a copy of the TOR
credit certificate reflecting those previously
severed TOR credits, issue a TOR credit
certificate entitling Early Entry Bonus
credits equal in number to the previously
severed TOR credits.
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G. Immokalee Urban Overlay District. To create the Immokalee Urban Overlay
District with distinct subdistricts for the purpose of establishing development
criteria suitable for the unique land use needs of the Immokalee Community. The
boundaries of the Immokalee Urban Overlay District are delineated on the maps
~ below.
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IMMOKAlEE OVERLAY DISTRICT
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IMMOKALEE URBAN AREA OVERLAY
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7. Interim Deviations: Property owners within the Immokalee Urban Overlay
District may request deviations from specific dimensional requirements as
described in this section. A deviation request may be reviewed
administratively or by the Plannina Commission dependina upon its
scope. This section addresses the permissible deviations. limitations
thereon, and the review process.
a. Review Process. Insubstantial deviations will be reviewed
administratively bv the County Manaaer or desianee. Substantial
deviations will be reviewed bv the Plannina Commission. This
section is not intended to replace the current established process
of reQuestina deviations throuah the PUD rezonina process. Any
deviations from the LDC which are not expressly provided for in
this section shall be processed as variances in accordance with
Section 9.04.00 of the LDC.
b. Concurrent Deviation Application reauired. All deviation requests
shall be made concurrently with an application for an SDP or
amendment. SIP or amendment or Final Subdivision Plat. or in the
case of sian deviations. with a buildina permit. The applicant
shall list all requested deviations on the required site plan(s). and
shall depict the deviation(s) araphically on the plan(s). Additional
araphic information may also be required bv staff. on a case-by
case basis.
c. Insubstantial Deviations. Requested deviations that do not exceed
10 percent of the required dimension, amount. size, or other
applicable dimensional standard. with the exception of the
required number of parkina spaces. which may not exceed 20
percent of the LDC requirement (not more than 10 spaces), are
insubstantial. To be approved. the followina criteria must be
considered:
i. The proposed deviation is compatible with adiacent land
uses and structures, achieves the requirements of the
reaulations as closely as is practicable. and meets the
intent of the related Land Development Code reaulations:
and
ii. The applicant proposes equitable tradeoffs for the
proposed diminution in development standards. such as
increased open space. landscapina, pedestrian spaces.
bufferina or architectural features. in order to meet the
intent of the reaulation beina diminished.
d. Substantial Deviations. Requested deviations that do not Qualifv
as insubstantial deviations are substantial deviations:
i. Considerations for Review and AlJlJroval: The CCPC shall
consider the followina:
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a) Whether or not the proposed deviation is
compatible with adiacent land uses and achieves
the requirements andlor intent of the reaulations as
closely as is practicable: and
b) Whether the proposed deviation is the minimum
amount necessary to allow for reasonable use of
the property andlor address the issue necessitatina
the deviation request and
c) Whether the reduced or increased standard
requested by the deviation is mitiaated for. either
on the subiect site or by providina a public benefit
on the subiect site. Examples of such on-site
mitiaation include but are not limited to: increasina
setbacks from the adiacent road riaht-of-way
when proposina to deviate from sian size
limitations: increasina plantinas or plantina sizes or
installina a fence or wall where a reduced buffer
width is proposed: providina public pedestrian
andlor bicvcle pathway easements or other similar
mobility improvements includina transit
enhancements: providina public parkina: providina
beautification in the public realm. includino street
trees. street furniture, liohtina and other similar
public benefits.
e. Aoolicabilitv - List of Develooment Standards Eliaible for
Deviation Reauests. Property owners shall be elioible to seek a
deviation from the dimensional requirements of the followino Code
provisions. unless otherwise noted.
i. 2.03.01 Aoricultural Zonina Districts, limited to subsection
A.1.bA.ii.
ii. 2.03.03 Commercial Zonino Districts. limited to the
followino subsections:
ID A.1.c.11.vii. limited to a maximum of three stories. viii.,
and ix.: and
b) E.1.cA.iv.
iii. 2.03.04 Industrial Zonino Districts, limited to subsection
A.1.c.2.iv., minimum lot area only.
iv. 3.05.07 B.1 Preservation Standards. Specific Standards
Applicable Outside the RMFU and RLSA districts,
Required Preservation Percentaaes (Table 1 inset).
v. 4.02.01 A Dimensional Standards for Principal Uses
in Base Zonino Districts:
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a) Table 1. Lot Design Requirements for Principal
Uses in Base Zoning Districts;
b) Table 2. Buildina Dimension Standards for
Principal Uses in Base Zoning Districts. excluding
buildina height and in the case of commercial
parcels. no deviation shall be granted, for new
development. from the required 50-foot buildina
setback when abuttina residentiallv zoned
properties. or from the minimum 10-foot wide
landscaped strip between the abuttina road riaht-
of-way and the off-street parking area for new
development. but deviations from these
requirements may be considered in the case of
redevelopment where existing structures andlor
encroachments are proposed to remain:
c) Table 2.1 - Table Of Minimum Yard Requirements
(Setbacks) for Base Zoning Districts.
vi. 4.02.02 Dimensional Standards for Conditional Uses and
Accessory Uses in Base Zoning Districts, limited to
subsection E (Table Inset), except buildina height.
vii. 4.02.03 A Specific Standards for Location of Accessory
Buildinas and Structures. Dimensional Standards
(Tables 3 and 4), except that in the case of new
development on commercial parcels. no deviation shall be
granted from the required 50-foot buildina setback when
abuttina residentially zoned properties. or from the
minimum 10-foot wide landscaped strip between the
abuttina road riaht-of-way and the off-street parking area.
Deviations from these requirements may be considered in
the case of redevelopment where existing structures
and/or encroachments are proposed to remain.
viii. 4.02.03 B Accessory Buildina Lot Coverage.
ix. 4.02.27 C Specific Design Standards for the Immokalee--
State Road 29A Commercial Overlay Subdistrict. Building
Design Standards.
x. 4.02.28 A Same--Jefferson Avenue Commercial Overlav
Subdistrict. Building Design Standards.
xi. 4.02.29 A Same--Farm Market Overlav Subdistrict.
Dimensional Standards.
xii. 4.02.32 Same--Main Street Overlav Subdistrict. limited to
the following subsections: A; C.1: D.3 and D.4: and E.1,
E.2. and E.3.
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xiii. 4.05.04 H (Spaces Reauired) Table 17 and 4.05.06 B
Loadina Space Reauirements, utilizina the existina
administrative deviation process set forth in LDC Section
4.05.04 G.2.. recoanizina that the reduced need for off-
street parkina in Immokalee may be offered as a viable
basis for such administrative deviation.
xiv. 4.06.02 C Buffer Reauirements (limited to reauired width)
except that in the case of new development on
commercial parcels. no deviation shall be aranted from
the reauired 50-foot buildina setback when abuttina
residentially zoned properties. or from the minimum 10-foot
wide landscaped strip between the abuttina road riaht-of-
way and the off-street parkina area. Deviations from these
reauirements may be considered in the case of
redevelopment where existina structures andlor
encroachments are proposed to remain.
xv. 4.06.03 B Landscapina Reauirements for Vehicular Use
Areas and Riahts-of-Wav. Standards for Landscapina in
Vehicular Use Areas.
xvi. 4.06.05 B General Landscapino Reauirements.
Landscapino requirements for industrial and commercial
development. limited to subsection B.3.
xvii. 4.06.05 C General Landscapino Requirements. Buildina
Foundation Plantino Requirements Oncludino Table Inset).
xviii. 5.05.08 C Architectural and Site Desion Standards.
Buildina Desion Standards. Deviations from non-
dimensional provisions of this section are also allowed as
substantial deviations.
xix. 5.05.08 D Desion Standards for Specific Uses. Deviations
from non-dimensional provisions of this section are also
allowed as substantial deviations.
xx. 5.05.08 E Architectural and Site Desion Standards, Site
Desion Standards, limited to subsections 1.b; 2; 3; 4; 5 and
7. Deviations from non-dimensional provisions of this
section are also allowed as substantial deviations. Note:
Nothino in LDC Section 5.05.08. Architectural and Site
Desion Standards. shall be deemed to prohibit the use of
murals on exterior walls of commercial buildinas in the
Immokalee Urban Overlav District. provided that: 1) such
murals are reviewed and accepted by the Collier Countv
Redevelopment Aaency staff; and 2) such murals do not
contain text for the purpose of advertisina anv business or
commercial activity.
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xxi. 5.06.04 Development Standards for Sians in
Nonresidential Districts. limited to subsection F.
f. Duration of these /Jrovlslons. These prOVISions are interim in
nature and will be in effect until the earlier of either the effective
date of the Comprehensive Immokalee Overlay LDC amendments
or 24 months from [the effective date of this ordinancel. An
extension of these provisions may be aranted by the BCC by
Resolution if the BCC deems an extension is warranted.
a. Public Notice. Public notice. includina sianaae. notice to property
owners and an advertised public hearina. is required for
substantial deviation requests and shall be provided in
accordance with the applicable provisions of Section 10.03.05 B.
for Variances.
h. A/J/Jeals. Within 30 days of the issuance of the decision of staff or
of the CCPC. the owner or any aaarieved person may appeal the
decision to the Board of Zonina Appeals pursuant to Section No.
250-58 of the Codes of Laws and Ordinances.
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I. Bayshore Mixed Use Overlay District.
Special conditions for the properties adjacent to Bayshore Drive as referenced
on BMUD Map 1; and further identified by the designation "BMUD" on the
applicable official Collier County Zoning Atlas Map or map series.
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6. Bayshore Mixed Use District (BMUD) Subdistricts
a. Neighborhood Commercial Subdistrict (NC). The purpose and
intent of this subdistrict is to encourage a mix of low intensity
commercial uses and residential uses (see 2.03.07 1.6. Tables 1
and 2). Developments will be human-scale and pedestrian-
oriented. For mixed use projects only, subject to the MUP
approval process in section 2.03.07 1.3., refer to Tables 1 and 2
for permitted uses. Otherwise, permitted uses are in accordance
with the underlying zoning district.
b. Waterfront Subdistrict (W). The purpose of this subdistrict is to
allow maximum use of the waterfront for entertainment while
enhancing the area for use by the general public. Development
standards for the district are the same as those set forth for the
Neighborhood Commercial Subdistrict, except for the standards
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set forth in section 4.02.17. For mixed use projects only, subject to
the MUP approval process in section 2.03.07 1.3., refer to
subsection 2.03.07 1.6. Tables 1 and 2 for permitted uses.
Otherwise, permitted uses are in accordance with the underlying
zoning district.
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Table 1. Permissible land Uses in BMUD Mixed Use Subdistricts
P = permitted
E = permitted with certain exceptions ro [
.~
Blank cell = prohibited (also see table of Q) -
E u
conditional and accessory uses) E .;::
-
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0 15
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Land Use Type or Category CO(/) co
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Performing Arts Theater 7922 PE 8
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NOTES FOR TABLE 1
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Performance seating limited to-2OO 500 seats.
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J. Goodland Zoning Overlay (GZO). To create design guidelines and development
standards that will assure the orderly and appropriate development in the
unincorporated area generally known as Goodland. The Goodland Zoning
Overlay district (GZO) is intended to provide regulation and direction under which
the growth and development of Goodland can occur with assurance that the
tropical fishing village and small town environment of Goodland is protected and
preserved, and that development and/or redevelopment reflect the unique
residential and commercial characteristics of the community. The boundaries of
the Goodland Zoning Overlay district are delineated on Map 1 below.
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4. Storage sheds. Parcels located off of Bayshore Way are allowed to retain
any sheds that were constructed prior to October 17, 2003. Storage
Page 26 of 194
Words struck through are deleted, words underlined are added
sheds for fishing and boat equipment on the boat dock parcels off of
Bayshore Way constructed after October 17, 2003 are permissible if they
comply with the following requirements:
a. The appropriate building permit must be obtained.
b. Bayshore Eifive.- Way setback: ten feet.
c. Waterfront setback: ten feet.
d. Side yard setback: 0 feet.
e. Maximum size of shed: 144 square feet.
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SUBSECTION 3.1.
AMENDMENTS TO SECTION 2.04.00 PERMISSIBLE, CONDITIONAL
AND ACCESSORY USES IN ZONING DISTRICTS I RESERVED
Section 2.04.00 Permissible, Conditional and Accessory Uses in Zoning Districts I Reserved, of
Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended
to read as follows:
2.04.00 Reserved
2.04.01 Rules for Interpretation af Uses
In :my zoning district, '::here the list of permitted :md canditional uses
cont3ins the phrase "any other use which is compar3ble in n3ture with the foregoing
uses 3nd is consistent with the permitted uses 3nd purpose and intent statement of the
district" or 3ny similar phrase which provides for a use '!:hich is not cle3rly defined or
described in the list of permitted and canditianal uses, which requires the discretion of
the County M3n3ger or designee as to whether or not it is permitted in the district, then
the determination of whether or not th3t use is permitted in the district shall be made
through the process outlined in section 1.06.00, interpret3tions, of this LDC.
2.04.02 Effect af Appro'..als Under the Zoning Reevaluation Ordinance
Any use or structure th3t h3S been gr3nted a compatibility exception, 3n
exemption, or vested rights pursuant to the Collier County Zoning Reevalu3tion
Ordinance, Ordin3nce No. 90 23 (1990), shall be a permittod use in the zoning district in
'....hich it is loc3ted to the extent of its 3pproved m3ximum density or intensity of use and
to the extent th3t it rem3ins effective. Such use or structure shall nevertheless comply
with 311 other requirements and regul3tions of the LDC.
2.04.03 Reserved
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Page 27 of 194
Words struek through are deleted, words underlined are added
SUBSECTION 3.J.
AMENDMENTS TO SECTION 2.05.01 DENSITY STANDARDS AND
HOUSING TYPES
Section 2.05.01 Density Standards and Housing Types, of Ordinance 04-41, as amended, the
Collier County Land Development Code, is hereby amended to read as follows:
2.05.01 Density Standards and Housing Types
A. Where residential uses are allowable, the following density standards and
housing type criteria shall apply.
Housing
Type:
Zoning
District:
>.
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Maximum
Density 2,
11 (units
per gross
acre)
...
a>
-
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-
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a>
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(!)
GC Two
0.2 (1
A tI S tI unit per 5
acres)
0.44 (1
E ,f ,f unit per
2.25
acres)
RSF-1 tI tI tI 1
RSF-2 tI tI tI 2
RSF-3 .! .! .! 3
RSF-4 tI tI tI 4
RSF-5 tI tI tI 5
RSF-6 ,f ,f ,f 6
RMF-6 tI tI .I 0/ tI tI 6
RMF-12 S tI .I 0/ 12
RMF-16 ,; I 16
RT 3,11 .I 26
Page 28 of 194
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RT 4.11 ./ I ./ 16
RT 5.11 .; ,f .; 16
VR 6 ./ ./ ./ 7.26
VR7 ,f ,f 8.71
VR8 ,f ./ 14.52
MH9 ./ One 7.26
TTRVC One I 12
C-1 10 One 16
C_21O One 16
C-3 10 On 16
C-4 One
C-5 One
I One
BP One
0.2 (1 unit
per 5
acres)
CON 11 ./ 0.33 (1
unit per 3
acres) Big
Cypress
BMUD 12 S S S S 12
GTMUD 12 S S S S 12
R-1 ./ ./ ./ I
R-2 ./ ./ .; ,f
GZO Per underlying zoning district
16 for
timeshare.
VB-RTO 11 mf&
.; ./' ,f twnhses:
26 for
hotels and
motels
Per
GGDCCO I underlying
zoning
district
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0.025 (1
RFMU 13 ./ .! 16 unit per 40
acres)
0.2 (1 unit
RFMU 14 .! .! .; I .116 .! .! .; per 5
acres)
0.2 (1 unit
RFMU 15 ./ ./ .I ../ .; 16 ./ ./ .I ./ per 5
acres)
0.2 (1 unit
MHO ./ per 5
acres)
Legend:
S = permitted subject to supplemental standards
1 Recreational vehicles include travel trailers, park models, pickup coaches, and
motor homes.
2 Density is calculated as the number of residential dwelling units per gross acre
(see definition of density, residential). Generally, in all zoning districts except for A, E
and CON, this indicates the maximum allowable density, including any applicable
density bonuses per the density rating system in the growth management plan.
Density may be restricted by the board of county commissioners at the time of rezoning
to something less than the maximum, as indicated parenthetically on the official zoning
atlas maps. For example, IRMF-6(4)" allows all uses and development standards of the
RMF-6 zoning district but density is limited to 4 dwelling units per acre.
3 A maximum of VNenty six (26t dwelling units per acre are allowed for hotels and
motels. A hotel or motel in Port of the Islands may offer timeshare units and retain the
density of 26 units per acre. Outside of Port of the Islands. a hotel or motel or multi-
family structure includina a condominium which offers timeshare units is permitted a
density of UP to 16 units per acre.
4 For RT zoning located inside Activity Centers as designated on the Growth
Management Plan's Future Land Use Map, residential units (including those for
timeshares and multifamily uses) are allowed at a maximum of sixteen (16t dwelling
units per acre. Similarly for RT zoning not located within Activity Centers but in
existence at the time of adoption of the LDC (October 30, 1991), residential units are
allowed at a maximum of sixteen (16t units per acre.
5 For RT zoning not located within Activity Centers and not in existence at the time
of adoption of this LDC (October 30, 1991), allowed density is per the density rating
system up to sixteen (16t dwelling units per acre. The calculation of density shall be
based on the land area defined by a lot(s) of record.
6 Density for single-family and mobile home, with or without clustering.
7 Density for duplex, with or without clustering.
8 Density for multi-family, with or without clustering.
9 In the MH district, modular homes are allowable.
10 Properties zoned C-1 through C-3 may have associated residential densities in
instances of mixed-use development pursuant to the Future Land Use Element of the
Growth Management Plan.
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Words struck through are deleted, words underlined are added
11 The density of 1 dwelling unit per 3 gross acres only applies to private in-
holdings within the Big Cypress National Preserve that were in existence prior to
October 14, 1974.
12 Maximum allowable density in the BMUD and GTMUD overlays is attained
through the Mixed Use Project (MUP). Approval Process pursuant to the regulations in
the Overlays.
13 One dwelling unit per 40 acres is the maximum density permitted in RFMU
Sending Lands (see section 2.03.08).
14 One dwelling unit per 5 acres is the maximum density permitted in RFMU
Neutral Lands (see section 2.03.08).
15 One dwelling unit per acre is the maximum density permitted in RFMU
Receiving Lands located outside of a Rural Village with redemption of Transfer of
Development Rights (TDR) credits; 0.2 units per acre is the maximum density permitted
in RFMU Receiving Lands without redemption of TDR credits; 3 dwelling units per
acre is the maximum density per acre in RFMU Receiving Lands located within a Rural
Villa~e with the redemption of TDR credits (see section 2.03.08).
1 Only if Mobile Home Overlay exists.
17 Lock-off unit: Where the floor area of a timeshare unit or hotel room contains
lock-off accommodations which can be occupied separatelv from the main livina unit.
each lock-off accommodation shall be counted as a full timeshare unit when computina
the allowable density.
B. Acreage associated with historical/archaeological resources preserved within the
boundaries of a project shall be included in calculating the project's permitted
density.
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SUBSECTION 3.K.
AMENDMENTS TO SECTION 3.04.00 PROTECTION OF
ENDANGERED, THREATENED, OR LISTED SPECIES, SECTION
3.04.01 GENERALLY
Section 3.04.00 Protection of Endangered, Threatened, or Listed Species, Section 3.04.01
Generally, of Ordinance 04-41, as amended, the Collier County Land Development Code, is
hereby amended to read as follows:
3.04.00 PROTECTION OF ENDANGERED, THREATENED, OR LISTED SPECIES
3.04.01 Generally
A. The purpose of this section is to protect species in the County, by including
measures for protection and/or relocation of endangered, threatened, or species
of special concern listed by:
1. Florida Fish and Wildlife Conservation Commission (FFWCC) as
endangered, threatened, or species of special concern, and as provided
for the bald eaale in F.A.C. 68A-16.002.
2. United States Fish and Wildlife Service (USFWS) as endangered or
threatened. and as provided for by the Bald and Golden Eaale Protection
Page 3 I of 194
Words struck through are deleted, words underlined are added
Act.
3. Convention of Internation:ll Tr:lde in End:lngered Species of Wild F:lun:l
and Flor:l (CITES).
B. Applicability and Exemptions.
1. General Applicability: Except as provided in 2 below, all new
development shall be directed away from listed species and their
habitats by complying with the guidelines and standards set forth in this
section.
2. Exemptions: The following are exempt from the provisions of this Section:
a. Agricultural operations that fall within the scope of sections
163.3162(4) or 823.14(6), Florida Statutes;
b. All development within the RLSA District, except as specifically
provided in section 4.08.00; and
c. All development within the NBMO, except as specifically provided
in section 2.03.08.
C. EIS :lnd mManagement plans.
1. Exemption. Single-family platted lots or construction of a sinole-family
home, includino accessory uses and structures. on a lot of record that
:lre not p:lrt of :l previously :lppro'led subc:UvisioR or SDP shall not be
required to prepare an EIS or a management plan, but shall complv with
approved manaoement plans for the subdivision in which they are
located.
2. EIS. An EIS is required as set f-orth in section 10.02.02. The County sh:lll
notify the FFVVCC :lnd USF'NS of the existence of :lny listod species that
may be discovered.
J.f. Management Plans.
a. General Requirements. A wildlife management plan shall be
required for all projects where the wildlife survey indicates listed
species are utilizing the site, or where bald eaole nests occur on
the site or within distances to the site identified in the Bald Eaole
Manaoement Plan utilized bv the FFWCC. These plans shall
describe how the project directs incompatible land uses away from
Ji.steG these species and their habitats and shall incorporate proper
techniques to protect Ji.steG these species and their habitat. and
the nests of bald eaoles from the negative impacts of proposed
development. Incompatible land uses and proper techniques to
protect listed species and their habitat. and the nests of bald
eaoles. shall be in accordance with the ouidelines, manaoement
plans and recommendations of the FFWCC or USFWS.
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Words struelc throl:lgh are deleted, words underlined are added
Manaoement plans for listed plant and animal species. and for the
nests of bald eaoles. shall be included as part of the preserve
manaoement plan. if a preserve manaoement plan is reauired.
The County shall notify the FFWCC and USFWS of the existence
of any listed species that may be discovered.
b. References. Manaoement ouidelines contained in publications
utilized by the FFWCC and USFWS as their technical assistance.
shall be used for developino reauired manaoement plans. +he
following references shall be used, 3S appropri3te, to prepare the
required management pbns;
i.
South Florid3 Multi Species Recovery P13n, USF'NS,
~
ii.
Habit3t Man3gement Guidelines for the B31d Eagle in the
Southe3st Region, USF'NS, 1987.
iii.
Ecology and H3bit3t Protection Needs of Gophor Tortoise
(Gopherlls pofyphemlls) Populations found on Lands
Sbted for Large Scale development in Florid3, Technical
Report No. -1, Florida G3me 3nd Fresh VV3ter Fish
Commission, 1987.
i"
. .
Ecology 3nd de'..elopment Rebted Habit3t Requirements
of the Florida Scrub J3Y rAphe/acoma coerl:Jfescens),
Technic31 Report No.8, Florida Game 3nd Fresh '.^!3ter
Fish Commission, 1991.
D. Protective measures. All developments subject to this section shall adhere to
the following:
1. General.
a. In those areas where clustering is permitted, all developments
shall be clustered to discourage impacts to listed species
habitats.
b. Open space and vegetation preservation requirements shall be
used to establish buffer areas between wildlife habitat areas and
areas dominated by human activities.
c. Provisions such as fencing, walls, or other obstructions shall be
provided to minimize development impacts to the wildlife and to
facilitate and encourage wildlife to use wildlife corridors.
d. Appropriate roadway crossings, underpasses, and signage shall
be used where roads must cross wildlife corridors.
e. When listed species are directly observed on site or indicated by
evidence, such as denning, foraging or other indications, priority
Page 33 of 194
Words stmck through are deleted, words underlined are added
shall be given to preserving the habitat of that listed species, as
provided in section 4.06.04.
f. Management Plans shall contain a monitoring program for
developments greater than 10 acres.
g. Letters of technical assistance from the FFWCC andlor
recommendations from the USFWS shall be deemed to be
consistent with the GMP. Other forms of technical assistance from
the FFWCC and/or USFWS shall be acceptable based on the
nature of the evaluation.
E. Single-family platted lots or construction of a sinale-family home. includina
accessory uses and structures. on a lot of record, seven and one half (7 1/2)
acres or less in size, shall be exempt from the requirements set forth in section~
3.04.02 A. C, E. F, G S. and 3.04.03, but shall comply when required as part of
the subdivision in which they are located. 'Nhen these lots are not a part of a
previous Elevelopment which has been required to comply ':Iith section 3.01.02
8. However, gopher tortoises shall be protected pursuant to this section. Other
aaency approvals may be required in accordance with 10.02.06 C.
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SUBSECTION 3.L.
AMENDMENTS TO SECTION 3.04.02 SPECIES SPECIFIC
REQUIREMENTS
Section 3.04.02 Species Specific Requirements, of Ordinance 04-41, as amended, the Collier
County Land Development Code, is hereby amended to read as follows:
3.04.02 Species Specific Requirements
On property where the wildlife survey establishes that listed species are utilizing
the site or where the site is capable of supporting listed species and such listed species
can be anticipated to potentially occupy the site, the County shall, consistent with the
GMP, consider and utilize recommendations and letters of technical ossistance from the
Florida Fish and 'Nildlife Conservation Commission and recommendations from the U.s.
Fish and 'Nildlifo Service in issuing de\'elopmeRt orders. It is recognized that these
agency recommendations, on a case by case basis, may change the requirements
contained herein and any such change shall be deemed to be consistent with this Code.
Wildlife habitat manaaement plans for listed species shall be submitted for County
approval. A plan shall be required for all proiects where the wildlife survey indicated
listed species are utilizina the site (other than for occasional use by non-resident species
such as wadina birds) or if required by state and federal permit requirements. These
plans shall describe how the proiect directs incompatible land uses away from listed
species and their habitats. The County shall, consistent with applicable GMP policies,
consider and utilize recommendations and letters of technical assistance from the
Florida Fish and Wildlife Conservation Commission and recommendations from the US
Fish and Wildlife Service in issuina development orders on property containinc listed
species. It is recocnized that these acency recommendations, on a case by case basis.
may chanae the requirements contained within these wildlife protection policies and any
such chance shall be deemed consistent with the Growth Manacement Plan. The
Page 34 of 194
Words struck through are deleted, words underlined are added
following specific species management and protection plans shall be applicable, in
addition to those required by other provision in this section 3.04.00:
A. Gopher Tortoise (Gopherus polyphemus Gopherus polvphemus).
1. All native habitats occupied by gopher tortoises, their h3bitats, and
the associated listed commensals are hereby protected.
2. It is expressly prohibited to take, which means to harass, harm,
hunt, shoot, wound, kill, trap, capture, collect, molest. pursue. or
attempt to engage in any such conduct, any gopher tortoise, and
to alter, destroy, or degrade the functions and values of their
burrows or n3tur31 habitat, unless otherwise provided for in this
section.
3. All gopher tortoise burrows are protected, and it is prohibited to
intentionally destroy or take any such burrow by any means,
unless otherwise provided for in this section.
4. Personnel 3uthorizod by the FF'IVCC or the County may house
:md reloc3te tortoises, 3S necessary and provided for in this
section. Relocation shall be permitted and executed accordina to
FFWCC Gopher Tortoise Permittina Guidelines.
5. When gopher tortoises are identified on-site, a habitat protection
and/or management plan or off-site relocation plan. as prepared
by a FFWCC permitted Authorized Gopher Tortoise Relocation
Aaent. shall be submitted to the County Manager or designee for
review and approval.
6. The on-site habitat protection and/or management plan shall
include, but not be limited to, the following items:
a. A current gopher tortoise survey no more than 6 months
old or within the time frame recommended by the FFWCC,
which sRaU may be field-verified by pl3nning services staff
the County Manaaer or desianee.
b. A proposal for either maintaining the habitat for the
population in pl3ce on site or relocating it the existina
population to a aopher tortoise recipient site permitted bv
the FFWCC.
c. A If preserved on site. a site plan identifying the
boundaries of the gopher tortoise preserve.
d. The method of relocation, if necessary.
e. The proposed supplemental plantings, if needed.
f. Detail~ of the construction and maintenance of gopher
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Words struck throl:lgh are deleted, words underlined are added
tortoise preserve fencing to protect tortoises durina
construction.
g. An annual maintenance plan describing exotic removal
and vegetation management.
h. Identification of persons responsible for the initial and
annual protection andlor management of the tortoises and
the preserve area. Suitable gopher tortoise habitat sAaU
and maximum allowable density of aopher tortoises shall
be in accordance with the parameters identified in Gopher
Tortoise Manaaement Plan and Gopher Tortoise
Permittina Guidelines utilized by the FFWCC be
designated on the site plan at the time of the first
de':elapment order submittal. Suitable aopher tortoise
habitat preserved on site shall be desianated on the site
plan at the time preserves are established and shall be
credited to the preservation requirement as specified in
section 3.05.00 of this LDC.
i. Habitat manaaement and monitorina to ensure habitat
within the preserve is maintained in accordance with the
parameters identified in Gopher Tortoise Manaaement
Plan and Gopher Tortoise Permittina Guidelines utilized by
the FFWCC.
i. Methods identified to protect tortoises from roadways,
domestic animals. or other possible danaers. if needed.
7. Suitable habit3t Sh311 be defined as having the following
ch3racteristics:
a. The presence of well dr3ined, sandy soils, which allow
e3sy burrowing for gopher tortoises.
b. Appropri3te herbaceous ground cover (if not present,
supplement31 food sources sh311 be pl3nted).
c. Gener311y open canopy 3nd sp3rse shrub cover, which
allow sufficient sunlight to re3ch the ground.
d. Typically, includes the presence of 3n existing gopher
tortoise population.
8. Off site reloc3tion pl3ns shall be permitted to meet 311 or p3rt of
the on site gopher tortoise habit3t preserv3tion requirements
under the follo.....ing circumst3nces:
a. Where suitable h3bit3t does not exist on site;
b. Where 3 property owner meets the minimum on site n3tive
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Words struck throl:lgh are deleted, words underlined are added
':egetation preservations requirements of this LDC with
jurisdictional wetlands, and cannot provide appropriate
habitat for gopher tortoises as described above; or
c. Where scientific data has been presented to the County
Manager or designee, and ::m environmental professional
opinion is rendered that the requirement to provide the
required on site gopher tortoise habitat preservation area
will not be conducive to the long term health of the on site
population of tortoises.
Q. If an off site relocation plan is authorized under one (1) or more of
the above conditions, approval of such a plan and associated
State permit, shall be obtained from the FF\^!CC. 'Nhere
appropriate, a combination of on site preservation and off site
relocation may be considered.
10. When relocating tortoises on site, the density shall be re'/iewed on
a case by case basis, and no more than five (5) tortoises per acre
will be considered a suitable density.
Z-U. When identifying the native vegetation preservation requirement
of section 3.05.07 of this LDC for parcels containing gopher
tortoises, priority shall be given to protecting the largest, most
contiguous gopher tortoise habitat with the greatest number of
active burrows, and for providing a connection to off-site adjacent
gopher tortoises' preserves. 1\11 gopher tortoise preserves shall be
platted with protective covenants, as required by this section and
section d.05.07 H of this LDC or, if the project is not platted, shall
provide such language on the approved site development plan. It
shall be a priority to preserve scrub habitat, when it exists on-site,
for its rare unique qualities and for being one of the most
endangered habitats in the County, regardless of whether gopher
tortoises are relocated off-site.
~~. 8!LgGopher tortoises shall be removed captured and relocated
from within the development footprint all active and inactive
burrows located within the area of construction prior to any site
improvement, in accordance with FFWCC ouidelines and the
protection/management plan approved by County Manager or
designee. Hioh densities of hatchlinos and iuvenile tortoises are
often found in dense thickets of low orowino veoetation in habitat
where existino oopher tortoises and their burrows are located. In
areas where relocation of oopher tortoises is required. the location
of these thickets shall be identified in the protection/manaoement
plan and any oooher tortoises within these areas shall also be
relocated.
1 d. Exemptions. Single family platted lots seven and one half acres
or less in size, shall be exempt from the requirements set forth in
subsections 5 through 11 above, '.vhen these lots are not a part.of
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:l previous ~e'leI9pment which has been required to comply with
subsections 5 through 11. However, gopher tortoises shall be
protected pursu:mt to 1. 3. ::lbo\'e.
B. Sea Turtle Protection.
1. The purpose of this section is to protect the threatened and
endangered sea turtles that nest along the beaches of the
County, by safeguarding sea turtle hatchlings from sources of
artificial light, and adult and hatchling sea turtles from injury or
harassment. The County shall adhere to state and federal
guidelines for the protection of sea turtles.
2. The requirements of this section apply when development or
lighting associated with development is located within tfH:ee
hundred (300) feet of coastal mean high water; when parking
lots, dune walkovers, or other outdoor lighting is proposed; and
when reflective surfaces that will be illuminated by outdoor lighting
will be visible from the beach.
a. Outdoor lighting shall be held to the minimum necessary
for security and safety. Floodlights and landscape or
accent lighting shall be prohibited.
b. All lighting, including wall-mounted fixtures, pole lighting,
lights on balconies, and any other type of lighting not
specifically referenced by this section, shall be of low
intensity, and shall be fitted with hoods or positioned so
that the light sources, or any reflective surfaces illuminated
by such sources, shall not be visible from the beach.
c. Low profile luminaries shall be used in parking lots, and
such lighting shall be fitted with hoods or positioned so that
the light sources, or any reflective surfaces illuminated by
such sources, shall not be visible from the beach.
d. Dune crosswalks shall utilize low profile shielded
luminaries directed and positioned so that light sources, or
any reflective surfaces illuminated by such sources shall
not be visible from the beach. dDune crossover lighting
shall be limited to the area landward of the primary dune.
e. If high intensity lighting is necessary, low pressure sodium
vapor luminaries shall be used and fitted with a hood or
positioned so that the light sources, or any reflective
surfaces illuminated by such sources, shall not be visible
from the beach.
f. Plates of tinted glass are required for windows that are
visible from the beach. The tinted glass shall be any
window or glazing that has an industry-approved light
Page 38 of 194
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transmittance value of forty five (451 percent or less. Such
transmittance shall be limited to the visible spectrum (400
to 700 nanometers), and shall be measured as the
percentage of light that is transmitted through the glass,
inside to outside.
g. Temporary security lights at construction sites shall not be
mounted more than fifteen (15t feet above the ground.
Light sources, or any reflective surfaces illuminated by
such sources, shall not be visible from the beach.
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5. It shall be unlawful, during the nesting season, to construct any
structure, add any fill, mechanically clean any beach, or grade
any dirt within 100 feet of the nesting zone of a beach where sea
turtles nest or may nest, without obtaining a construction in sea
turtle nesting area permit from the County Manager or designee.
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d. Construction or repair of any structure, including, but not
limited to, dune walkovers, seawalls, or other revetments,
sandbags, groins, or jetties, shall not be permitted during
sea turtle nesting season on any County beaches, except
if permitted structures are damaged by a named storm or
other declared natural disaster and the following conditions
are met:
Lt. Minor Repair Work. Minor repair work (boards need
to be nailed back to the existing intact structure, or
&-few less than 10 percent of the boards need to be
replaced) that can be performed completely from
atop the structure is authorized after obtaining the
necessary approval of the FDEP and notifying
Collier County En'/ironmental Services the County
Manaaer or desianee of that work. Work must be
completed within 12 months of the named storm or
declared natural disaster.
!L2. Maior Repair Work. Prior to any repair work
(greater than that described in i 4- above) or
reconstruction of any part of the structure, the
following information shall be provided so that staff
can determine if the major repair or reconstruction
can occur prior to the end of sea turtle nesting
season:
al.,. The appropriate permit or authorization from
FDEP, if required.
bl.,. The location of all known sea turtle nests.
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Community Development and
Environmontal ServiceE (CDES) staff The
County Manaoer or desionee will provide
assistance in locating nests. Construction
activities shall not occur within 10 feet of
these boundaries fef of viable nests.
cl,. A survey by a qU3lified consult3nt FFWCC
permitted Authorized Gopher Tortoise
Relocation Aoent locating any gopher
tortoise burrows on site within 50 feet of the
structure proposed construction. Relocation
of gopher tortoises will be required when the
burrows are in harm~s way of the
construction activity.
dl,. Photographs of the site as it existed after
the storm to document the conditions of the
property.
el.,. An aerial of the property showing the CCSL
line.
f} A copy of a CCSL variance or CCSL permit...
if required.. and building permit approving
the original construction of the structure.
gl3:- Sea turtle nest locations will be
reestablished using their previously
recorded GPS locations and accuracy data
to identify a 95% confidence boundary.
Construction activities shall not occur within
10 feet of these boundaries for viable nests.
Nests will be considered viable for 80 days
from the time the nest was recorded unless
it can be proven that a particular nest has
been damaged by the storm and there is no
chance of any hatchlings.
g -4-. Minor structures, as defined by Florida Statutes
Subsection 161.055, of the Coastal Zone Protection Act of
1985, shall be approved provided that they also comply
with:
La. Federal requirements for elevations above the 100-
year flood level,
iLa. Collier County Building Code requirements for flood
proofing,
!lLs. Current building and life safety codes,
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iv G. Collier County and State of Florida Department of
Environmental Protection CCSLlCCCL regulations,
Y....e. Applicable disability access regulations of the
American Disability Act (ADA), and
vi f. Any required Collier County zoning and other
development regulations with the exception of
existing density or intensity requirements
established, unless compliance with such zoning or
other development regulations would preclude
reconstruction otherwise intended by the Build back
Policy as determined by the Emergency Review
Board established herein.
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C. Florida Scrub Jay. Habitat preservation for the Florida scrub jay
(Aphe/ocoma coeru/escens) shall conform to the guidelines contained in
Technical Report No.8, Florida Game and Fresh \/\,Iater Fish
Commission, 1991. The required management plan shall atse provide for
a maintenance program and specify an appropriate fire or mechanical
protocols to maintain the natural scrub community. The plan shall also
outline a public awareness program to educate residents about the on-
site preserve and the need to maintain the scrub vegetation. +Aese
requirements shall be consistent 'l:ith the UF'JVS South Florida Multi
Species Recovery Plan, May 1999.
D. Bald Eagle. For the bald eagle (Haliaeetus /eucocepha/us), the required
habitat management plans shall establish protective zones around the
eagle nest restricting certain activities. The plans shall also address
restricting certain types of activities during the nesting season. +Aese
requirements shall be consistent with the UF'.^IS South Florida Multi
Species Recovery Pl3n, May 1999.
E. Red cockaded woodpecker Red-Cockaded Woodpecker. For the red-
cockaded woodpecker (Picoides borealis), the required habitat protection
plan shall outline measures to avoid adverse impacts to active clusters
and to minimize impacts to foraging habitat. Where adverse effects can
not be avoided, measures shall be taken to minimize on-site disturbance
and compensate or mitigate for impacts that remain. These requirements
shall be consistent "'lith the UFWS South Florida Multi Species Recovery
Plan, May 1999.
F. Florida bl3ck bear Florida Black Bear. In areas where the Florida black
bear (Ursus americanus floridanus) may be present, the management
plans shall require that garbage be placed in bear-resistant f*=OOf
containers, at one or more central locations. The management plan shall
also identify methods to inform local residents of the concerns related to
interaction between black bears and humans. Mitigation for impacting
habitat suitable for black bear shall be considered in the management
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plan.
G. Panther. For projects located in Priority I and Priority II Panther Habitat
aFeaS Primary and Secondary zones, the management plan shall
discourage the destruction of undisturbed, native habitats that are
preferred by the Florida panther (Felis conc%r COryl) by directing
intensive land uses to currently disturbed areas. Preferred habitats
include pine flatwoods and hardwood hammocks. In turn, these areas
shall be buffered from the most intense land uses of the project by using
low intensity land uses (e.g., parks, passive recreational areas, golf
courses). Golf courses within the RFMU district shall be designed and
managed using standards found in that district. The management plans
shall identify appropriate lighting controls for these permitted uses and
shall address the opportunity to utilize prescribed burning to maintain fire-
adapted preserved vegetative communities and provide browse for white-
tailed deer. These requirements shall be consistent with the UFV\'S South
Florida Multi Species Recovery Plan, May 1999, and '1:ith the provisions
set forth in this section.
H. West Indian Manatee. The management and protection ~
requirements based upon the Manatee Protection Plan for the West
Indian Manatee manatee (Trichechus manatus) are set forth in section
5.05.02.
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SUBSECTION 3.M.
ADDITION OF NEW SECTION 3.04.03 REQUIREMENTS FOR
PROTECTED PLANTS
Section 3.04.03 Requirements for Protected Plants, of Ordinance 04-41, as amended, the Collier
County Land Development Code, is hereby added to the Land Development Code to read as
follows:
3.04.03 Requirements for Protected Plants
When habitat containino the followino listed plants is proposed to be impacted. plants
listed as Rare and Less Rare (below) shall be relocated to on-site preserves if the on-
site preserves are able to support the species of plants. Relocation of epiphytic species
of plants listed as Rare and Less Rare (below) shall only be required for plants located
within eioht feet of the oround. Plants listed as Less Rare shall be relocated to the on-
site preserves only if the preserves do not already contain these species. When
available, only two plants per species per acre of plants listed as Less Rare are required
to be relocated, UP to a maximum of ten plants per species per preserve. When
available, seed from Tillandsia may be transferred to trees in lieu of relocation of plants.
Other than for Tillandsia. the species of plants listed below mav be planted within
preserves from nursery orown stock in lieu of relocation. Sites infested with exotic
species of Metamasius weevil which feed on Tillandsia. shall not be allowed to relocate
Tillandsia species. Plants listed in this section shall not require the land in which they are
located to be placed in a preserve.
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Rare Plants:
Cowhorn orchid
Curtiss's milkweed
Florida clamshell orchid
Ghost orchid
West coast prickly apple
Cvrtopodium punctatum
Asclepias curtissii
Encvclia cochleata
Polvrrhiza lindenii
Harrisia aracilis
Less Rare Plants:
Butterflv orchid
Giant wild-pine
Inflated wild-pine
Stiff-leaved wild-pine
Twisted air plant
Encvclia tampensis
Tillandsia utriculata
Tillandsia balbisiana
Tillandsia fasciculata
Tillandsia f1exuosa
Where clearina of veaetation is needed for habitats reQuirina fire or for activities needed
to simulate fire. epiphytic plants listed above should not be relocated into these habitats.
Epiphytic plants may be removed from preserves if located on veaetation required to be
removed as part of an approved preserve manaaement plan.
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SUBSECTION 3.N.
AMENDMENT AND RENUMBERING OF FORMER SECTION 3.04.03
PENALTIES FOR VIOLATION: RESORT TO OTHER REMEDIES
Former Section 3.04.03 Penalties for Violation: Resort to Other Remedies, of Ordinance 04-41,
as amended, the Collier County Land Development Code, is hereby renumbered and amended to
read as follows:
3.04.03 3.04.04 Penalties for Violation: Resort to Other Remedies
Violation of the provisions of this section or failure to comply with any of its
requirements shall constitute a misdemeanor. Any person or firm who violates this
section or fails to comply with any of its requirements shall upon conviction thereof be
fined, or imprisoned, or both, as provided by law. Each day such violation continues shall
be considered a separate offense. Each taking of a gopher tortoise shall constitute a
separate violation. It is not the intent to include tortoises that may be accidentally injured
or killed during an approved relocation procedure that is done by a qu~lified consult::mt
FFWCC permitted Authorized Gopher Tortoise Relocation Aaent, in accordance with
their protection/management plan. Any other person, who commits, participates in,
assists in, or maintains such violation may each be found guilty of a separate offense
and suffer the penalties herein provided. The county, in addition to the criminal sanctions
contained herein, may take any other appropriate legal action, including but not limited to
injunctive action, to enforce the provisions of this section.
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SUBSECTION 3.0.
AMENDMENTS TO SECTION 3.05.07 PRESERVATION STANDARDS
Section 3.05.07 Preservation Standards, of Ordinance 04-41, as amended, the Collier County
Land Development Code, is hereby amended to read as follows:
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3.05.07 Preservation Standards
All development not specifically exempted by this ordinance shall incorporate, at
a minimum, the preservation standards contained within this section.
A. General standards and criteria. The followina criteria shall be used to
administer the preservation standards in all unincorporated areas of the
County:
1. Native veaetative communities. The preservation of native
vegetation shall include all naturally occurrina strata includina
canopy, understory and ground cover emphasizing the largest
contiguous area possible, except as otherwise provided in section
3.05.07 H.1.e. The term native vegetation is further defined as a
veaetative community havina 25 percent or more canopy
coveraae or hiahest existina veaetative strata of native plant
species. In the absence of other native strata. herbaceous
veaetation not typically associated with the re-arowth of native
veaetative communities, commonly known as weeds, shall not be
considered native vegetation for the purpose of preservation.
2. Native trees. Where a property has been lea ally cleared and only
native trees remain and the native around cover replaced with
lawn or pasture, then only the native trees shall be retained. The
percent requirement of native trees required to be retained shall
be bv tree count based on the percent requirement for native
vegetation pursuant to 3.05.07 B. Only slash pine trees with an 8
inch DBH or areater. hardwood trees with a 18 inch DBH or
areater. or palms with a minimum of 8 foot of clear trunk. shall be
used for calculatina this requirement. For hardwood trees, every 6
inches of fraction thereof over 18 inch DBH shall count as an
additional tree (18 inch DBH = 1 tree. 24 inch DBH = 2 trees. 26
inch DBH = 3 trees, etc.). Slash pine trees and cabbaae palms
shall on Iv be retained on portions of the property with a density of
8 or more trees per acre. Trees which are unhealthv or dvina. as
determined by a certified arborist or any individual meetina the
Qualifications in 3.05.07 H.1.a.iii, shall not be retained or used for
calculation. Native slash pine trees shall be retained in clusters. if
the trees occur in clusters. with no encroachment (soil
disturbance) within the drip line or within 30 feet of the trunk,
whichever is areater. of any slash pine or hardwood tree.
Encroachment may occur within these distances where evaluation
bv a certified arborist determines that it will not affect the health of
the trees. Trees which die shall be replaced with 10 foot hiah
native canopv trees on a one for one basis. Native trees with a
DBH of two feet or more shall be replaced with three 10-foot hiah
native canopy trees. Areas of retained trees shall not be subiect to
the requirements of 3.05.07 H.
Where trees cannot be retained. the percent requirement of trees
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shall be made UP elsewhere on-site with trees planted in clusters
utilizing 10 foot high native canopy trees planted on a one for one
basis. Where native trees with a DBH of two feet or more cannot
be retained. a minimum of three 10-foot high native canopy trees
shall be planted per tree removed of this size. Trees planted to
satisfy this reauirement shall be planted in open space areas
eauivalent in size to the area of canopy of the trees removed. This
planted open space shall be in addition to the area used to satisfy
the minimum landscape reauirements pursuant to 4.06.00. In lieu
of using actual canopy coverage, the following average diameter
for tree canopies may be used to calculate canopy coverage of
existing trees: slash pine 40 feet. cypress 25 feet. live oak 60 feet
and cabbage palm 10 feet. Open space areas not normally
planted with trees. such as stormwater retention areas or lake
banks not planted to meet the LSPA reauirement. may be used to
satisfy this reauirement. Trees planted to satisfy this reauirement
shall be set back a minimum of 30 feet from principal structures
and impervious parking areas.
2~. Areas that fulfill the native vegetation retention standards and
criteria for native vegetative communities of this ~Section shall be
set aside as preserve areas, subject to the requirements of
section 3.05.07 H. Single family residences :::Ire exempt from the
requirements of section 3.05.07 H.
d4. Native vegetation to be retained as preserve areas shall be
selected in such manner as to preserve the following, in
descending order of priority, except to the extent that preservation
is made mandatory in sections 3.05.07 F.3-:- and 3.05.07 G.3.C:-:
a. Wetland or upland areas known to be utilized by listed
species or that serve as corridors for the movement of
wildlife;
b. Xeric Scrub, Dune and Strand, Hardwood Hammocks;
c. Onsite wetlands having an accepted functionality WRAP
score of at least 0.65 or a Uniform Wetland Mitigation
Assessment Score of at least 0.7;
d. Any upland habitat that serves as a buffer to a wetland
area as defined in section 3.05.07 A.3.c above;
e. Dry Prairie, Pine Flatwoods; and
f. All other native habitats.
4~. Preservation areas shall be interconnected within the site and to
adjoining off-site preservation areas or wildlife corridors.
5. To the greatest extent possible, nati',e 'legetatien, in qU:::lntities
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and types set forth in section 4.06.00, shall be incorporated into
bndscape designs in order to promote the preservation of native
plant communities and to encourage water conservation.
6. Where veaetation has been illeaally cleared. the amount of native
veaetation used to calculate the preservation requirement will be
that amount present at the time prior to the illeaal clearina.
Criteria to determine the process and criteria for the clearina are
found in sections 10.02.06 and 3.05.05.
a. Re-creation of native veaetation shall not be required
when anyone of the followina criteria is met:
I. The parcel was issued a County permit to clear
veaetation and remains cleared of native
veaetation.
ii. The parcel was issued a County permit to clear
veaetation for aaricultural purposes prior to July
1993 (the date at which the 10 year aaricultural
c1earina rezone limitation previously identified in the
GMP is achieved) and which remains cleared of
native veaetation.
iii. If no c1earina permit can be found, demonstrations
of continuous bona fide aaricultural operation alona
with issuance of an after-the-fact aaricultural
clearina permit from the County will be evidence of
leaal clearina. Demonstrations of continuous bona
fide aaricultural activities may include. but are not
limited to, aaricultural classification records from
the property appraiser's office: dated aerial
photoaraphs: occupational license for aaricultural
operation: SFWMD consumptive use permits for
the onaoina aaricultural use or other information
such as sworn testimony from previous owners
which establishes the commencement date and the
location of the aaricultural operation. The rezone
limitation pursuant to 10.02.06 shall apply.
7. Unless otherwise required in the RFMU District. sinale-familv
residences shall be exempt from the native veaetation retention
requirements and from havina on site preserves. Setbacks to
preserves shall be in accordance with 3.05.07 H.
8. Development standards pursuant to section 4.02.14 shall apply to
all development. includina sinale-familv. within the ACSC.
9. Created preserves are allowed subiect to the criteria in 3.05.07 H.
10. Fire and fuel breaks within preserves, kept to the minimum
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necessary in accordance with standard forestry practice, shall
count toward the minimum native veaetation retention
requirement.
B. Specific standards applicable outside the RFMU and RLSA districts.
Outside the RFMU and RLSA Districts, nati':e vegetation sholl be
preserved on site through the applic::ltion of the following preser'o'::ltion
::lnd vegetation retention st::lndards and criteri::l, unless the development
occurs within the ACSC where the ACSC standards referenced in the
Future L::lnd Use Element shall apply. This Section shall not ::lpply to
single family d'''Jelling units situated on individu::lllots or parcels.
Outside the RFMU and RLSA Districts. native veaetation shall be
preserved on site, except for sinale familv residences. throuah the
application of the followina preservation and veaetation retention
standards and criteria. The sinale family exception is not to be used as an
exception from any calculations reaardina total preserve area for a
development containina sinale familv lots.
1. Required preservation.
Development Type Coastal High Non-Coastal High
Hazard Area Hazard Area
Less than 10% Less than 5 10%
2.5 acres acres
Equal to or Equal to or
greater 25% greater than 5 15%
Residential and Mixed acres and less
Use development than 2.5 than 20 acres
acres
Equal to or 25%
greater than
20 acres
Golf Course 35% 35%
Less than 5 10% Less than 5 10%
Commercial and acres acres
Industrial development Equal to or
and all other non- Equal to or
specified development greater 15% 15%
types than 5 greater than 5
acres acres
Industrial development 50%, not to exceed 50%, not to exceed
(Rural-I ndustrial District 25% of the project 25% of the project
only) site site.
2. Exceptions. An exception from the vegetation retention standards
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above shall be granted in the following circumstances:
a. where the parcel was legally cleared of native vegetation
prior to January 1989 and remains cleared of native
veaetation;
b. where the parcel cannot reasonably accommodate both
the application of the native vegetation retention
standards and the proposed uses allowed under this Code,
subject to the criteria set forth in section 3.05.07(H)(1)(e).
H.1.e.
c. Riaht-of-wav acquisitions by any aovernmental entity for
all purposes necessary for roadway construction. includina
ancillary drainaae facilities. and includina utilities within the
riaht-of-wav acquisition area.
d. Existina utility easements and easements for inaress or
earess required for neiahborina properties.
e. Previously cleared parcels for support of public
infrastructure. and which remain cleared of native
veaetation.
f. Trees and other veaetation planted for landscapina and
which have not been used to satisfy the native veaetation
preservation requirement.
a. Previously cleared fallow farm fields and pastures. with no
canopy trees (other than slash pine trees with less than an
8 inch DBH or palms with less than 8 foot of clear trunk)
and less than 75 percent aerial coveraae of native
veaetation. Marshes and similar type environments (640
FLUCFCS Codes) shall not be included in this exception.
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H. Preserve standards.
1. Design standards.
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b. Minimum dimensions. The minimum '.':idth of the presorve
sh:)1I be: Thin linear and perimeter "picture frame-shaped"
preserves are discouraaed, unless such preserve shapes
are dictated by environmental or environmental reaulatorv
considerations. Connections to other oreserves.
conservation areas, natural flowways, natural water
bodies. water manaaement lakes. estuaries. aovernment
owned or taraeted lands for preservation purposes or
existina listed wildlife habitat. when present. are
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encouraaed to establish the laraest contiauous natural
area possible.
The followina minimum widths shall apply:
i. twenty feet, for property less than ten acres.
ii. an average of thirty feet in width but not less than
twenty feet in width, for property equal to ten acres
and less than twenty acres.
iii. an average of fifty feet in width but not less than
twenty feet for property of twenty acres and greater.
iv. If the existina native veaetation does not meet the
minimum dimensions specified above and is
reauired to be preserved pursuant to the preserve
selection criteria in section 3.05.07, then the
existina native veaetation may be used to satisfy
the preservation reauirement.
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d. Protective coven::mts. Preserve :Jreos sh:J1I be identified :JS
sep:Jmte tracts or easements, with :Jccess to them from a
plotted right of way. No indi'Jidu:J1 residential or
commercial lot, parcel lines, or other easements such ::IS
utility or access easements, may project into a Preserve.
All required easements or tr:Jcts for preserves sholl be
dedic:Jted to the County v:ithout placing on the County the
responsibility for m::linten:Jnce or to ::I property owners'
association or similar entity .....ith m::lintononce
responsibilities. The protective covenants for the tr::lct or
easement sholl est::lblish th permitted uses for said
easement(s) and/or tr::lcts on the final subdivision pl:Jt. 1\
nonexclusive easement or tr:Jct in f:lvor of the County,
without :Jny mointen::lnce oblig:Jtion, sholl be provided for
:JII preserves on the prelimin::lry :Jnd fin::ll subdivision pl:Jts
:Jnd ::III fin::ll development order site pbns. The bound::lries
of 011 preserve easements sholl be dimensioned on the
final subdi'.'ision pbt.
d. Preserve mechanisms. All preserve areas shall be
desianated as preserves on all site plans.
On-site County required preserves shall be dedicated to
the Countv as non-exclusive conservation easements
without placina on the County the responsibilitv for
maintenance of the preserve area. and the easement
conveyance to the County shall include the riaht of access
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from existino road riaht-of-wav. The easement shall
dedicate the responsibility of maintenance to a property
owners association or similar entity. and it shall contain
allowable uses and limitations to protect the preserve. All
preserve areas shall be shown on the preliminary and final
plats in accordance with section 10.02.04. with lanouaoe
similar to Section 704.06 F.S.
No individual residential or commercial lot. parcel lines. or
other easements includino, but not limited to. utility or
access easements that are not compatible with allowable
uses in preserve areas. may proiect into a preserve area.
State and federal parks and preserves shall not be
reauired to place their preserves in a conservation
easement.
Any conservation easement or other document restrictino
uses in a preserve area shall contain the followino
statement (consistent with CCME GMP Policv 1.1.6):
"Oil extraction and related processino operations are uses
which are exempt from the restrictions herein and shall
remain allowed uses on the lands described herein."
e. Created preserves. Althouoh the primary intent of GMP
CCME Policy 6.1.1 is to retain and protect existino native
veaetation. there are situations where the application of
the retention reauirements of this Policy is not possible. In
these cases, creation or restoration of veoetation to satisfy
all or a portion of the native veaetation retention
reauirements may be allowed. In keepino with the intent of
this policv. the preservation of native veaetation off site is
preferable over creation of preserves. Created Preserves
shall be allowed for parcels that cannot reasonably
accommodate both the required on-site preserve area and
the proposed activity.
i. Applicability. Criteria for determinino when a parcel
cannot reasonably accommodate both the reauired
on-site preserve area and the proposed activity
allowing created preserves include:
(a) Where site elevations or conditions requires
placement or removal of fill thereby harming
or reducing the survivability of the native
vegetation in its existing locations;
(b) Where the existing vegetation required by
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this policy is located where proposed site
improvements are to be located and such
improvements cannot be relocated as to
protect the existing native vegetation;
(c) Where native preservation requirements
cannot be accommodated, the landscape
plan shall re create . a native plant
community in all three strata (ground
covers, shrubs ::md trees), utilizing larger
plant materials so as to more quickly re
create the lost mature vegetation. These
areas shall be identified as created
preserves. To provide for flood plain
compensation as reauired by the LDC.
(d) When a State or Federal permit requires
creation of native habitat on site. The
created preserve acreage may fulfill all or
part of the native vegetation requirement
when preserves are planted with all three
the appropriate strata; using the criteria set
forth in Created Preserves. This exception
may be granted, regardless of the size of
the project.
(e) When small isolated areas (of less than 1/2
acre in size) of native vegetation exist on
site. In cases where retention of native
vegetation results in small isolated areas of
1/2 acre or less, preserves may be planted
with all three strata; using the criteria set
forth in Created Preserves and shall be
created adjacent existing native
vegetation areas on site or contiguous to
preserves on adjacent properties. This
exception may be granted, regardless of the
size of the project.
(f) When an access point to a project cannot
be relocated. To comply with obligatory
health and safety mandates such as road
alignments required by the State, preserves
may be impacted and created elsewhere on
site.
(0) To provide for connections to on or off site
preserves.
(h) In the RFMU District where upland buffers
reauired bv the LDC. lack native veoetative
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communities.
ii. Required PI:mting Criteri:J:
(:J) 'Nhere cre:Jted preserves are approved, the
landscape pl:Jn sh:J1I re cre:Jte a n:Jtive plant
community in all three str:Jta (ground cover,
shrubs and trees), utilizing larger plant
m:Jteri:Jls so as to more quickly re cre:Jte
the lost mature '1eget:Jtion. Such re
'Ieget:Jtion sh:J1I :Jpply the st:Jnd:Jrds of
section 4.06.05 C. of this Code, :Jnd include
the following minimum sizes: one gallon
ground cover; seven (7) gallon shrubs;
fourteen (14) foot high trees with :J seven
foot cro'....n spre:Jd :Jnd :J dbh (diameter at
bre:Jst height) of three inches. The sp:Jcing
of the plants sh:J1I be :JS follows: twenty to
thirty foot on center for trees with a sm:J1I
c:Jnopy (less th:Jn 30 ft. mature spre:Jd) :Jnd
forty foot on center for trees with :J l:Jrge
c:Jnopy (greater th:Jn 30 ft. mature spre:Jd),
five foot on center for shrubs and three foot
on center for ground covers. PI:Jnt m:Jterial
sh:J1I be planted in :J m:Jnner that mimics :J
n:Jtur:J1 plant community and shall not be
m:Jintained as l:Jndsc:Jping. Minimum sizes
for pl:Jnt material m:JY be reduced for scrub
:Jnd other xeric habitats where smaller size
pl:Jnt materi:J1 :Jre better suited for re
est:Jblishment of the n:Jtive plant
community.
ii.{b) Approved created preserves may be used to
recreate:
~..H-B not more than one acre of the required
preserves if the property has less than
twenty acres of existing native vegetation.
Ql~ not more than two acres of the required
preserves if the property has equal to or
greater than twenty acres and less than
eighty acres of existing native vegetation.
9.~ not more than 10% of the required
preserves if the property has equal to or
greater than eighty acres of existing native
vegetation.
iii.fG) The minimum dimensions shall apply as set forth in
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3.05.07 H.1.b.
iv.(G1 All perimeter landscaping areas that are requested
to be approved to fulfill the native vegetation
preserve requirements shall be labeled as
preserves and shall comply with all preserve
setbacks.
1. Allo'l.'~ble supplement~1 plantings. Supplement~1 nati'Je
pl~ntings in all three str~t~ may be ~dded to preserve
~reas where the removal of non n~ti'Je and/or nuis~nce
veget~tion creates open ~reas '.'/ith little or no n~tive
veget~tion cO'ler~ge. Pl3nt materi~1 in these restor~tion
are~s sh~1I meet the following minimum size criteri~: one
gallon ground covers, three gallon shrubs and six foot high
trees. PI::mt materi:J1 sh~1I be pl~nted in a manner that
mimics a n~turol plant community ~nd shall not be
m~int~ined ~s I~ndsc~ping. Minimum sizes for pl~nt
m~terial may be reduced f.or scrub and other xeric h~bit~ts
'Nhere sm~lIer size pl~nts materi~1 ~re better suited for re
establishment of the native pl3nt community.
v. Preparation of required plantino plans for
preserves.
Preserve plantino plans shall be desioned by an
individual with academic credentials and
experience in the area of environmental sciences or
natural resource manaoement. Academic
credentials and experience shall be a bachelor's or
hioher deoree in one of the biolooical sciences with
at least two years of ecolooical or biolooical
professional experience in the State of Florida.
vi. Plantino requirements for created preserves.
Soils compatible with the habitat to be created shall
be used to create the preserve. Where compatible
soils are not present. a minimum of 6 to 8 inches of
compatible soil shall be used.
Where created preserves are approved. the
plantino plan shall re-create a native plant
community in all three strata (oround cover. shrubs
and trees), utilizino laroer plant materials to more
Quickly re-create the lost mature veoetation.
Environments which do not normally contain all
three strata shall only be required to plant the strata
found in the habitat to be created. Plant material
shall be planted in a manner that mimics a natural
plant community and shall not be maintained as
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landscapino. Such re-veoetation shall include the
followino minimum sizes: one aallon oround cover;
7 oallon shrubs: canopy trees in the followina sizes:
25 percent at 10 feet. 50 percent at 8 feet and 25
percent at 6 feet. Spacino reQuirements for
calculatino the number of plants shall be as follows:
20 to 30 foot on center for trees with a small
canopy (less than 30 feet mature spread) and 40 to
50 foot on center for trees with 'a laroe canopy
(oreater than 30 feet mature spread). 10 foot on
center for shrubs. 3 foot on center for oround
covers which spread by rhizomes or creepina
stems or which have a mature heiaht of 2 feet or
more. excludina the bloom. and 2 foot on center for
around covers with a mature heioht of less than 2
feet. excludina the bloom, and which reproduce
primarily by seed.
Minimum sizes for plant material may be reduced
for scrub and other xeric habitats in order to
promote diversity or where smaller size plant
material is better suited for re-establishment of the
native plant community. Coveraoe of pine and
hardwoods in scrub habitats shall OCCUpy no more
than 70% of the area of a scrub preserve, in order
to create natural open areas for wildlife and native
around covers. In south Florida slash pine
dominated environments. where fire is a concern.
the amount of mid-story veaetation planted may be
reduced to promote the arowth of native oround
covers. reduce the threat of wildfire and to promote
use of the preserve by listed species.
Three oallon container saw palmetto (Serenoa
reo ens) may be used in lieu of seven aallon
containers. South Florida slash pine (Pinus elliottii
var. densa) trees may be planted in the followina
sizes: 25 percent at 6 feet and 75 percent at 4 feet.
with a spacina reQuirement of 40 feet on center for
calculatino the number of slash pines to be planted.
Manarove trees may be planted as three aallon
size containers but must be planted a minimum of
five to seven foot on center for calculatino the
number of manaroves to be planted. if planted at
this size. Ground covers in estuarine and other
aQuatic environments may be planted as liners or
bare root plants.
Upland or seasonally wet preserves with extended
dry periods shall detail a method of providina water
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until the plants are established.
vii. Supplemental plantina reQuirements within
preserves.
Supplemental plantinas in the strata reQuired to
restore the habitat to its natural condition shall be
added to preserves where prior clearina or
disturbance. or the removal of non-native andlor
nuisance veaetation has created open areas with
little or no native veaetation. Plant material shall
be planted in a manner that mimics a natural plant
community and shall not be maintained as
landscapina. Supplemental plantinas must be of the
species typical of the native habitats beina restored
and take into consideration the reQuirements of any
listed species usina the preserve.
Areas defined as "native veaetation" pursuant to
this section and reQuired to be retained as
preserves. shall only be reQuired to plant material in
the sizes specified in this subsection and not in the
sizes reQuired for created preserves. Supplemental
plantinas within preserves shall be in accordance
with reQuirements specified in approved state and
federal permits for a proiect. Where not specified in
the State and Federal permits for a proiect.
supplemental plantinas within County reQuired
preserves shall adhere to the followina minimum
standards: one aallon or liner around covers. three
aallon shrubs and four foot hiah trees. Ground
covers in aQuatic environments may be planted as
bare root plants.
Natural recruitment of native aroundcovers may be
used in areas where native aroundcovers would be
expected to reaenerate on their own. If within a
two-year period the coveraae of around covers is
less than that typically found in environments
containina these species. then supplemental
plantina with native around covers or distribution of
native seed shall be reQuired. A plantina plan with
schedule for plantina or distributina native seed
shall be included as part of the preserve
manaaement plan. in case sufficient natural
recruitment of aroundcovers has not occurred.
Natural recruitment of south Florida slash pine
(Pinus elliottii var. densa) may be used where south
Florida slash pine would be expected to reaenerate
on their own. If within a two-year period the number
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of pine seedlinas is less than that needed to
reaenerate the habitat type. then supplemental
plantina with south Florida slash pine or distribution
of south Florida slash pine seed shall be reQuired.
A backup plantina plan with schedule for plantina or
distributina seed shall be included as part of the
preserve manaaement plan, in case sufficient
natural recruitment has not occurred. South Florida
slash pine trees may be planted as seedlinas in lieu
of plantina four foot hiah trees. for individual
preserves 100 or more acres in size.
Restoration of manaroves shall be with one to three
aallon container manaroves. unless otherwise
permitted by State and Federal permittina
aaencies.
Minimum sizes for plant material mav be reduced
for scrub and other xeric habitats in order to
promote diversitv or where smaller size plant
material is better suited for re-establishment of the
native plant community. Coveraae of pine and
hardwoods in scrub habitats shall OCCUpy no more
than the 70% of the area of a scrub preserve. in
order to create natural open areas for wildlife and
indiaenous around covers.
viii. Success criteria.
Success shall be demonstrated for created
preserves and supplemental plantina within
preserves. 5 vears after installation of plant material
and shall be included with the monitorina report.
Before and after photos taken from specific or
permanent field markers to identifv the locations
within the preserve shall be included in the above
mentioned monitorina report. Demonstration of
success shall include the followina:
a) 80% veaetative coveraae has been attained
within the preserve.
b) Native veaetation is within the ranae of
species diversitv. density and distribution
documented within either reference sites or
from literature references for the specific
habitat types.
c) Native veaetation characteristic of the
habitat are reproducina in the veaetative or
seedina manner tvpical of the species.
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d) When permitted throuah the Water
Manaaement District usina UMAM. overall
UMAM scores must indicate that the
preserves have attained or are clearly
trendina toward the "with-mitiaation" scores
used to determine success.
f. Off-site veaetation retention.
i. Applicability. A property owner may request that all
or a portion of the Collier County on-site native
veaetation preservation retention requirement be
satisfied offsite for only the followina situations and
subiect to restrictions listed below.
a) Properties zoned commercial or industrial
where the on-site preserve requirement is
less than 2 acres in size.
b) Park sites where the on-site preserve
requirement is less than one acre in size.
c) Essential service facilities other than
parks. for any size preserves.
d) Preserves less than one acre in size.
e) Affordable housina proiects. The
maximum percent of native veaetation
retention allowed offsite shall be equal to
the percent of affordable housina units.
without limitation as to size of the preserve.
f) Existina or proposed preserves with 75
percent or more coveraae with exotic
veaetation. Existina preserves not
previously overrun with this type veaetation
and which arrive at this state due to lack of
manaaement of the preserve shall mitiaate
off site at a ratio of 2 to 1.
a) Created preserves which do not meet the
success criteria in 3.05.07 H.1.e.viii or
where preserves have not been planted in a
manner which mimics a natural plant
community.
h) Preserves which do not meet the minimum
dimensional requirements of this section.
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j) Portions of preserves located within platted
sinale-familv lots.
j) Riaht of Way acquisitions to be conveyed
or in the process of beina conveyed to the
County by non-aovernmental entities for all
purposes necessary for roadway
construction, includina ancillary drainaae
facilities. and includina utilities within the
riaht of way acquisition area.
k) All criteria listed for created preserves.
ii. Restrictions. when one or more of the followina
situations occur.
a) Xeric scrub and hardwood hammocks which
are one acre or more in size, manarove
(excludina manarove frinaes less than 40
feet in width on artificially created
shorelines), coastal dune and strand
environments, and listed species habitat or
corridors per the requirements or
recommendations of the FFWCC or
USFWS, shall not be allowed to have the
on-site native veaetation preservation
retention requirement provided offsite.
b) Preserves shall remain onsite if located
contiauous to natural flowwavs required to
be retained per the requirements of the
SFWMD, natural water bodies, estuaries.
aovernment required preserves (not
meetina the offsite preservation criteria
herein), NRPAs. or contiauous to property
desianated for purchase bv Conservation
Collier or purchased by Conservation
Collier, or contiauous to properties
containina listed species nests. buffers,
corridors and foraaina habitat per the
requirements or recommendations of the
FFWCC or USFWS. For the purpose of this
section. natural flowwavs shall also include
those identified durina wetland permittina
with applicable state and federal aaencies,
reQional drainaQe studies. or surface water
manaQement permits.
c) RemaininQ portions of on-site preserves
must be a minimum of one acre in size and
shall not meet the offsite criteria of sub-
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section 3.05.07 H.1.f.i.(f) and (Q) above.
unless preserved with hiQher Qualitv habitat
not QualifvinQ for the off-site native
veaetation retention alternative.
iii. Off-site Alternatives. Off-site native veaetation
retention requirements may be met by monetary
payment or by land donation.
a) Applicants shall make monetary payment
to Collier County. Such funds will be used
by the County for the purchase and
manaQement of off-site conservation lands
within the county. The monetary payment
shall be based on the location of the land to
be impacted and be equal to 125 percent of
the averaQe cost of land in the Urban
DesiQnation or 125 percent of the averaQe
cost for all other DesiQnations. as
applicable. as defined bv the FLUE.
purchased by Collier County. throuQh the
Conservation Collier prOQram. This
monetary payment shall be made prior to
the preconstruction meetina for the SDP or
final plat construction plans.
b) In lieu of monetary payment, applicants may
choose to donate land for conservation
purposes to Collier County or to another
Qovernment aaencv. In the event of
donation to Collier County, the applicant
may acquire and subsequently donate land
within the proiect boundaries of Winchester
Head. North Golden Gate Estates Unit 53.
another multi-parcel proiect or any other
land desiQnated by Conservation Collier
donation acceptance procedures.
Applicants who choose to donate land
shall be required to demonstrate that the
land to be donated contains native
veaetation communities equal to or of
hiaher priority (as described in subsection
3.05.07 A) than the land required to be
preserved onsite. In no case shall the
acreaae of land donated be less than the
acreaae of land required to be preserved
onsite. Land donated to satisfv the off-site
veaetation retention requirement must be
located entirely within Collier County.
Donations of land for preservation shall be
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made to a federal. state or local aovernment
aaency established or authorized to accept
lands for the conservation and manaaement
of land in perpetuity. subiect to the policies
and procedures of the receivina entity,
Lands donated to Collier County must
include a cash payment for manaaement of
the land. The amount of this payment shall
be equal to 25 percent of the averaae cost
of land in the Urban Desianation or 25
percent of the averaae cost in all other
Desianations. as applicable. as defined by
the FLUE. purchased by Collier County.
throuah the Conservation Collier proaram.
Applicants shall provide evidence that
donations of land for preservation and
endowments for manaaement have been
accepted by and donated to the entity
stated above, at the time of the
preconstruction meetina for the SDP or final
plat construction plans. Exotics shall be
removed in accordance with the time frames
provided in 3.05.07 H.2. State and Federal
aaency requirements for mitiaation.
remediation and monitorina for the donated
land shall be the responsibility of the
applicant.
iv. PUD zonina. Where the off-site native veaetation
retention alternative is used for portions of
preserves not identified on a PUD master plan. a
PUD amendment is not required. Preserves or
portions of preserves identified on a PUD master
plan shall require an amendment to the PUD
master plan to use the native veaetation retention
alternative. subiect to 10.02.13 E. unless the option
to use. the off-site native veaetation retention
alternative is included in the PUD.
g. Preserve management plans. Criteria i. ii. vii and viii below
are required for all preserves whether a manaaement plan
for the preserve is required or not. Preserve Manaaement
Plans shall be required for all properties with 5 acres or
more of preserve or where listed species are utilizina the
preserve or where the preserve contains habitat which
requires manaaement for fire (such as pine flatwoods,
palmetto prairie or scrub). The Preserve Management Plan
shall identify actions that must be taken to ensure that the
preserved areas will maintain natural diversity and function
as proposed. A Preserve Management Plan shall include
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the following elements:
i. General Maintenance. Preserves shall be
maintained in their natural state and must be kept
free of refuse and debris.
ii. Exotic v~egetation Removal, Non-native
v~egetation, and Nuisance or Invasive Plant
Control. Exotic vegetation removal and
maintenance plans shall require that Category I
Exotics be removed eradicated from all preserves.
All exotics within the first 75 feet of the outer edge
of every preserve shall be physically removed, or
the tfee veaetation cut down to grade. cut debris
removed and the stump treated. Exotics within the
interior of the preserve may be approved to be
treated in place if it is determined that physical
removal might cause more damage to the native
vegetation in the preserve. When prohibited
exotic vegetation is removed, but the base of the
vegetation remains, the base shall be treated with
an U.S. Environmental Protection Agency approved
herbicide and a visual tracer dye shall be applied.
Any person who supervises up to eight people in
the application of pesticides and herbicides in the
chemical maintenance of exotic veget:ation exotic
veaetation in preserves, required retained Rative
vegetation native veaetation areas, wetlands, or
LSPA shall maintain the Florida Dept. of Agriculture
and Consumer Services certifications for Natural
Areas Pesticide Applicators or Aquatic Herbicide
Applicators dependent upon the specific area to be
treated. Control of exotics shall be implemented on
a yearly basis or more frequently when required,
and shall describe specific techniques to prevent
reinvasion by prohibited exotic vegetation of the
site in perpetuity. Non native vegetation :and
RNuisance or invasive plants and non-native
ornamental veaetation shall be removed eradicated
from all PQreserves.
ill,. Designation of a Preserve Man:ager. ,A. Preserve
Manager sh:all be identified as the responsible p:arty
to ensure th:at the Preserve Management Pbn is
being complied '.'lith. The individual's name,
:address :and phone number !:>h:all be li!:>ted on the
Preserve M:an:agement Pbn. The same inform:ation
shall be provided regarding the developer. Both
p:arties '/Jill be responsible until suoh time that the
homeo'Nnors 3ssocbtion takes over the
m:an:agement of the preserve. At that time, the
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homeo):mers association shall amend the pl::m to
provide the homeowner ::lssociation inform::ltion ::lnd
information regarding the person hired by the
::lssociation to manage the preserve. The
homeovmer's ::lssociation and the preserve
m::ln::lger sh::lll be responsible for annual
m::lintenance of the preserve, in perpetuity. At a
minimum, the Preserve Man::lger shall have the
same qualifications as ::lre required for the ::luthor of
an EIS, as set f-orth in section 10.02.02 A.3.
iii. Desionation of a Preserve Manaoer. A Preserve
Manaaer shall be responsible for providina the
developer/property owner with technical assistance
reaardina manaoement needs for the preserve and
compliance with the Preserve Manaoement Plan.
At a minimum the Preserve Manaaer shall have
academic credentials and experience in the area of
environmental sciences or natural resource
manaoement. Academic credentials and
experience shall be a bachelor's or hiaher deoree
in one of the biolooical sciences with at least two
years of ecolooical or bioloaical professional
experience in the State of Florida. The individual's
name, address and phone number shall be listed
on the Preserve Manaoement Plan. The same
contact information shall be provided reaardino the
developerlproperty owner. Chanoes in the Preserve
Manaaer hired to manaae the preserve shall be
documented in the monitorino report for the
preserve.
iv. Wildlife Habitat Management. Where habitats must
be managed with regards to the species utilizing
them, Wildlife Habitat Management strategies may
be required to provide for specialized treatment of
the preserve. Where protected species are
identified, management strategies shall be
developed and implemented in accordance with
section 3.04.00. VVhere site conditions require
prescribed burns, ::l fire m::lnagement pbn will be
developed ::lnd implemented. The County will
accept state and federal manaoement plans that
are consistent with the requirements of the LDC.
Huntino is permissible in preserves where
express Iv approved bv the Board of County
Commissioners.
v. Fire Manaaement. Special land manaaement
practices to control fire or to maintain species
diversity in the absence of fire must be included as
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part of the Preserve Management Plan. for those
habitats reQuiring these practices. Fire
Management plans may include removal of dead
vegetation or periodic thinning of living vegetation.
to improve forest health and mimic the natural
effects of fire. as appropriate for the habitat type
and surrounding land uses. Fuel and fire breaks
shall be kept to a minimum necessary to control fire
and should be coordinated with the State of Florida.
Division of Forestry. as part of a fire suppression
plan. The annual inspection monitoring report
reQuired pursuant to ix (below) shall document. with
photographs. the coverage and types of vegetation
to be cleared for fuel management. prior to
clearing. Where listed species have been
documented within the preserve. the annual
inspection monitoring report shall reQuire surveys
for the nests. burrows or cavities of listed species
that may be affected by the land management
practices. no more than six months prior to
clearing. if gopher tortoises occur in the area. or
within the time frames recommended by the
FFWCC and USFWS. Fire Management plans shall
be consistent with wildlife habitat management
plans approved by Collier County.
vi. Vegetation Removal Permits. Vegetation Removal
Permits shall not be reQuired to implement
Preserve Management Plans and firewise safety
plans that specify land management practices for
clearing for fuel management or fire lines in
accordance with normal forestry practices and
which have been approved pursuant to this section.
State and Federal agency permits or approvals
shall be reQuired. where applicable, prior to
clearing.
Vegetation Removal Permits shall not be reQuired
to remove dead. dying or leaning trees which pose
a safety concern, unless they contain a nest or
cavity of a listed animal species or bald eagle. The
annual inspection monitoring report reQuired
pursuant to ix (below) shall document. with
photographs. trees to be removed for safety
concerns.
V!!. Protection During Construction and Signage After
Construction. The Preserve Management Plan shall
address protective measures during construction
and signage during and after construction that are
consistent with section 3.05.04.
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viii. Monitorina for Preserves Receivina Treated
Stormwater. A monitorina proaram must be
implemented for preserves that will receive
stormwater pursuant to the reQuirements of section
3.05.07. The monitorina proaram must include
protocols to conduct veaetation surveys and
monitorina for around and surface water levels. The
Preserve Manaaement Plan shall include a
schedule reQuirina a. baseline monitorina report
followed by 5 annual monitorina reports. Monitorina
reports for stormwater within preserves shall be
included as part of the annual inspection monitorina
reports pursuant to ix (below). The County will
accept wetland monitorina reports submitted to the
South Florida Water Manaaement District as lona
as the reports conform to the minimum
reQuirements provided herein and includes all of
the Preserves receivina stormwater. Compatible
veaetation must be planted to replace upland
veaetation that may be lost as a direct result of the
introduction of stormwater into the preserve.
ix. Inspections and Monitorina. The property owner
shall provide for inspections of all on-site preserves
by the Preserve Manaaer on an annual basis. at a
minimum. or more freQuently when reauired to
ensure the preserve functions as intended. The
results of the inspections, and recommendations of
the Preserve Manaaer. must be included in a
monitorina report on an annual basis, at a
minimum. The property owner shall retain copies of
the five most recent years of monitorina reports and
make them available to Collier County upon
reauest.
.& Preserve Site Plan. A Preserve Site Plan with
FLUCFCS Codes for each of the habitat types
within the preserve must be included as part of the
Preserve Manaaement Plan. The location of
pathways and other approved uses within the
preserve must be included on the Preserve Site
Plan.
xi. The reQuirements of criteria v, vi. viii. ix, and x shall
not apply to proiects with County permits or
approvals includina approved Preserve
Manaaement Plans issued prior to feffective date of
this Ordinancel.
h. AlloVl3ble uses within preserve 3re3S. P3ssive recre3tional
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uses such as pervious nature trails or boardwalks are
allowed within the preserve areas, as long as any clearing
required to f::1cilitate these uses does not impact the
minimum required vegetation. For the purpose of this
section, passive recreational uses are those uses that
would allm*.' limited access to the preserve in a manner that
'l.'ill not cause any negative impacts to the preserve, such
as pervious patl:t~..:ays, benches and educational signs.
Fences may be utilized outside of the preserves to provide
protection in the preserves in accordance with the
protected species section 3.04.01 D.1.c. Fences and '....ails
are not permitted within the preserve area.
h. Allowable uses within County reQuired preserves. Passive
uses are allowed within preserves to provide for access to
the preserve. as lona as any clearina reQuired to facilitate
these uses does not impact the minimum reQuired native
veaetation or cause loss of function to the preserve. Loss
of function to the preserve includes unacceptable chanaes
in veaetation within the preserve or harmina any listed
species present in the preserve. Unacceptable chanaes in
veaetation within preserves include replacement of
indiaenous veaetation with non-native species. chanaes in
veaetative composition which are inconsistent with taraet
plant communities or die-offs of veaetation which are
inconsistent with taraet plant communities. Determinations
of harm to listed species shall be made by FFWCC or
USFWS. and pathways. structures or improvements
within preserves containina listed species shall be in
accordance with permits or authorizations from these
aaencies.
i. The followina passive uses are allowed within
preserves.
a) Pervious and impervious pathways and
boardwalks. subiect to the followina criteria:
i) Recommended widths for
pedestrian pathways is 5 feet.
Widths areater than 8 feet may be
allowed where pathways serve as
fire breaks in accordance with a fire
suppression plan approved by the
State of Florida. Division of Forestry.
ii) Minimum widths for shared use
paths for use by aolf carts. trams.
bicvcles. ioaaers. etc. is 10 feet.
Widths areater than 12 feet may be
allowed where pathways serve as
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fire breaks in accordance with a fire
suppression plan approved by the
State of Florida. Division of Forestry.
Golf cart paths. for aolf course use
shall be desianed for aolf course
access only.
iii) Impervious pathways shall be
limited to no more than one percent
of the area of the preserve.
Pathways over this amount shall be
either pervious pathways or
boardwalks.
iv) Where feasible. pathways shall be
desianed to maintain existina
veaetation and laraer trees.
Pathways in scrub habitat lackina
canopy should be avoided.
v) Where a minimum preserve width of
20 feet cannot be maintained on
either side of pathways. the
pathway shall be located alona the
side of the preserve.
vi) Pathways shall not interfere with the
nests. dens. burrows or roosts of
listed species or the nests of bald
eaale. unless permitted or
authorized bY the FFWCC or
USFWS.
vii) Pathways. other than boardwalks.
shall be at or on natural arade
unless constructed on berms for the
stormwater manaaement system.
Slopes for stormwater manaaement
berms in or adiacent to preserves
shall be stabilized and planted with
100% south Florida native species
compatible with the habitat present
in the preserve.
b) Shelters without walls.
c) Educational sianaae and bulletin boards
located on or immediatelv adiacent to the
pathway.
d) Benches for seatina
Page 66 of 194
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e) Viewino platforms
f) Wildlife sanctuaries for indioenous free
roamino wildlife. Wildlife parks. wildlife
rehabilitation centers and similar type uses.
with non- indioenous wildlife. or caoed or
enclosed wildlife. shall not be allowed within
preserves.
0) Conservation-related and recreational
activities comparable in nature with the
aforementioned uses. as determined by the
County Manaoer or desionee.
h. The reQuirements of this subsection
(3.05.07 H.1.h.j) shall not apply to preserve
pathways. structures or improvements
that had permits prior to reffective date of
this Ordinance1- Existino pathways.
structures or improvements that had
permits may be repaired. maintained and
replaced within the existino footprint of the
pathway. structure or improvement.
ii Stormwater subiect to the followino criteria.
a) Nothino in this section shall exempt any
system from complyina with the storm water
manaoement desion standards as set forth
by the South Florida Water Manaoement
District.
b) Preserve areas shall not be used to meet
water Quality reQuirements as set forth in
Section 5.2.1(a) of the Basis of Review for
Environmental Resource Permit
Applications for the South Florida Water
Manaoement District or the Watershed
Manaoement reoulations of Section 3.07.00.
c) Discharoe of stormwater into a preserve
shall be in a controlled manner to prevent
erosion. scour, and to promote even
distribution.
d) Stormwater mav be discharoed into
preserves comprised of:
11 iurisdictional wetlands and the
minimum reauired upland buffer
Page 67 of 194
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around these wetlands in
accordance with an approved
SFWMD Environmental Resource
Permit (ERP);
ill uplands comprised primarily (areater
than 50 percent by area) of hydric
soils as mapped by the Natural
Resources Conservation Service
(NRCS) or as determined by in situ
hydric indicators;
illl non-iurisdictional areas dominated
by hydrophytic (Obliaate (OBU &
Facultative Wet (FACW)) veaetation;
M. or a combination thereof.
e) Where preserves include uplands
comprised of areater than 50% by area of
non-hydric soils and not addressed in
subsection 3.05.07 H.1.h.iLd (above).
stormwater may be discharaed into said
preserves provided the followina criteria are
met:
U If aopher tortoise. red-cockaded
woodpecker. Bia Cypress fox
sQuirrel. scrub iay or the nests of
bald eaale are present. technical
assistance from the FFWCC or
USFWS shall be provided indicatina
that no harm to these species or
their habitat will occur due to
discharae of stormwater into the
preserve. Technical assistance must
be site specific;
ill Demonstration that the upland
portion of the preserve is not
inundated for more than 30
consecutive days durina a reference
wet season, as demonstrated
throuah stormwater modelina. For
the purpose of this subsection. the
reference wet season is May 1996
throuah October 1996. In this
context. inundation means water
levels averaaina areater than 2"
above the averaae around surface of
the preserve;
Page 68 of 194
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or, if on-site oroundwater data exists
durino a normal wet season. the
applicant must demonstrate that the
addition of stormwater to the
preserve will not cause the
oroundwater elevation in the
preserve to exceed the existino
recorded peak oroundwater
elevation. A wet season typicallv
spans June throuoh November. and
rainfall is considered normal if the
monthly totals durino a oiven wet-
season fall within 25 percent of the
averaoe rainfall volume per month.
as computed usino nearby lono-term
reoional rainfall data;
!ill Stormwater shall not be directly
discharoed into land desionated as
322.413. or 421 FLUCFCS Codes.
f) When stormwater discharoes are allowed in
preserves. the associated stormwater
facilities such as berms. swales, or outfall
structures. may be located within the
preserve. but the area of such facilities
cannot count towards the native veaetation
preservation requirement pursuant to
section 3.05.07. These facilities are not
subiect to setback requirements as found in
subsection 3.05.07 H.3. These facilities may
be placed in a drainaoe easement.
0) Where stormwater discharoes are allowed
in preserves. the Preserve Manaoement
Plan as required in 3.05.07 must include a
monitorino prooram. In the event
stormwater introduced into a preserve
results in unacceptable chanoes in
veoetation within the preserve. then a
remediation plan must be provided and the
Preserve Manaoement Plan revised
accordinolv. Unacceptable chanoes in
veoetation within preserves include
replacement of indioenous veaetation with
non-native species. chanoes in veoetative
composition which are inconsistent with
taroet plant communities or die-offs of
veoetation which are inconsistent with taroet
plant communities.
Page 69 of t 94
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h) Stormwater shall be allowed in preserves in
the RLSA - WRA areas in accordance with
section 4.08.00 Rural Lands Stewardship
Area Overlay District standards and
procedures.
i) A property owner may request deviations
from the above regulations. 3.05.07 H.1.h.ii.
Staff shall review the plans and proposed
deviations to ensure that uplands in the
preserve will suffer no adverse impact
resulting from the proposed deviations. The
process for obtaining deviations shall follow
the procedure as set forth in Chapter 2,
Article VIII. Division 23 of the Code of Laws
and Ordinances: appeal before the EAC.
and shall be heard at a public hearing of the
EAC. No deviations shall be granted for
322.413, or 421 FLUCFCS Codes.
j) The requirements of this subsection
(3.05.07 H.1.h.ii) shall not apply to
discharge of stormwater into preserves
pursuant to South Florida Water
Management District or County permits or
approvals issued prior to r effective date of
this Ordinance1-
iii. No setback from preserves is required for fences.
or retaining walls permitted as part of the
stormwater management system. Decorative walls
must be set back a minimum of five feet from the
boundary of preserves. Permanent fences and
walls are prohibited within preserves unless
approved bv the FFWCC or USFWS as part of an
approved wildlife management plan in accordance
with 3.04.00. Where construction of such
structures impacts native veaetation in the
preserve. a restoration plan shall be provided and
included as part of the preserve management plan.
No trenching for wall/fence installation is allowed
within 10 feet from preserve boundary. unless
adiacent to a fire break in the preserve. Trenching
is allowed for installation of gopher tortoise fencing
pursuant to FFWCC Gopher Tortoise Permitting
Guidelines and for retaining walls designed to
minimize impacts to native habitat and wetlands.
such as those permitted as part of the stormwater
management system.
Page 70 of 194
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iv. No setback from preserves is required for
imcervious or cervious cathwavs. or other
structures allowed within preserves pursuant to
this section.
v. In those areas of Collier County where oil
extraction and related crocessina is an allowable
use, such use is subiect to applicable state and
federal oil and Qas permits and Collier County non-
environmental site develocment clan review
procedures. Directional-drillinQ andlor previously
cleared or disturbed areas shall be utilized in order
to minimize impacts to native habitats. where
determined to be practicable. This requirement
shall be deemed satisfied upon issuance of a state
permit in compliance with the criteria established in
Chapter 62C-25 throuQh 62C-30. F.A.C.. as those
rules existed on January 13. 2005. reQardless of
whether the activity occurs within the BiQ Cypress
Watershed. as defined in Rule 62C-30.001 (2),
FA.C. All applicable Collier County environmental
permittinQ requirements shall be considered
satisfied by evidence of the issuance of all
applicable federal andlor state oil and Qas permits
for proposed oil and Qas activities in Collier County,
so 10nQ as the state permits comply with the
requirements of Chapter 62C-25 throuQh 62C-30.
F.A.C. For those areas of Collier County outside
the boundary of the BiQ Cypress Watershed. the
acclicant shall be responsible for conveninQ the
BiQ Cypress Swamp Advisory Committee as set
forth in Section 377.42. FS.. to assure compliance
with Chapter 62C-25 throuQh 62C-30. FA.C. even
if outside the defined BiQ Cypress Watershed. All
access roads to oil and Qas uses shall be
constructed and protected from unauthorized uses
accordinQ to the standards established in Rule
62C-30.005(2)(a)(1) throuQh (12), F.A.C.
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SUBSECTION 3.P.
AMENDMENTS TO SECTION 3.06.06 REGULATED WELLFIELDS
Section 3.06.06 Regulated Wellfields, of Ordinance 04-41, as amended, the Collier County Land
Development Code, is hereby amended to read as follows:
Page 71 of 194
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3.06.06 Regulated Wellfields
The following wellfield risk management special treatment overlay zones, as defined in
section 3.06.03, and criteria specified herein shall be applied to the following wellfields:
A. City of Naples East Golden Gate Well Field.
B. City of Naples Coastal Ridge Well Field.
C. Collier County Utilities Golden Gate Well Field.
D. Everglades City Well Field.
E. Florida Governmental Utility Authority Golden Gate City Well Field.
F. Orange Tree Well Field.
G. Immokalee Well Field.
H. Ave Maria Utility Company Well Field.
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Page 72 of 194
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COLLIER COUNTY UTILITIES
GOLDEN GATE WELL FIELD
....
._~~'.I(.,*
~
-_.....
~_. "-.
~~.!..':,~
COLLIER COUNTY UTILITIES
GOLDEN GATE WELL FIELD
Page 73 of 194
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27
24 .:)
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n I 23 : 24 I 1~ I ce I ?t \
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IMMQKALEE ROAD
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25
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ST..,W.,! I
ST'W-2
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ST.W.3 I
ST.W.4
32
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26
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36
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3G
01
INTERSTATE - 75
AlLIGATOR LLEY IS R 84)
Illustration 3.06.06 C.
For more detailed information. refer to the Collier County Zonino Map at
www.collieraov.net/lndex. asox?oaae=992
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Page 74 of 194
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FLORIDA GOVERNMENTAL
UTILITY AUTHORITY
GOLDEN GATE CITY
WELL FIELD
. . ,iHERSI A Ie - 75
, q J) : '3.1";,""
.. I I, '.
"r' '" "
1". ,l'" ,)!.~ ) \ I
. i, ;.'j' ""~APlii ROAD I
l
.' ' II"
, 'T')
(C.R.. 856
......
......
," j ~. . . -, ",.,
.~ "!d.~__"~,;_... _:..~
Page 75 of 194
24
25
J8
Words stmek through are deleted, words underlined are added
FLORIDA GOVERNMENTAL UTILITY AUTHORITY
GOLDEN GATE CITY WELL FIELD
Cl
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....
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o
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36
Illustration 3.06.06 E.
For more detailed information. refer to the Collier County Zoninq Map at
www.collieraov.net/I ndex. asox?oaae=992
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Page 76 of 194
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ORANGE TREE
WELL FIELD
Ie
II
a/
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11
il
12 ;1
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01. WElL llt:Wl Ie II _,
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IWmALI. QuvNlD .
Page 77 of 194
.."..."..""...----2~
Words struck through are deleted, words underlined are added
ORANGE TREE
WELL FIELD
11
12
7
10
0
<3
ll: 13
w 18
15 w STIW.l
...J
;2 STIW.2
0 STIW.l
::0 ST/W-3
~ STIW.2
STIW-4 STIW.3
OIL WELL ROAD
22
23
24
19
RANDALL BOULEVARD
Illustration 3.06.06 F.
For more detailed information, refer to the Collier County Zoning Map at
www.collieraov. neUlndex. asox?oaae=992
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Page 78 of 194
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24
7:i
36
1 L
13
AVE MARIA UTILITY
COMPANY WELL FIELD
---1
---
'9
20
2'
22
IMMOKALEE RO....D
29
18
27
---~----
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OIL WELL RO....D
Illustration 3.06.06 H.
For more detailed information, refer to the Collier County Zonino MaD at
www.collieraov. neUlndex. asox?oaae=992
Page 79 of 194
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SUBSECTION 3.Q.
AMENDMENTS TO SECTION 4.02.01 DIMENSIONAL STANDARDS
FOR PRINCIPAL USES IN BASE ZONING DISTRICTS
Section 4.02.01 Dimensional Standards for Principal Uses in Sase Zoning Districts, of Ordinance
04-41, as amended, the Collier County Land Development Code, is hereby amended to read as
follows:
4.02.01 Dimensional Standards for Principal Uses in Base Zoning Districts
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D. Exemptions and exclusions from design standards.
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9. Fences, walls and hedges, subject to section 5.03.02, and p~d oround
(slab on orade) mounted air conditioners. unenclosed pool equipment and
well pumps. are permitted in required yards, subject to the provisions of
section 4.06.00. (For permanent emeraency oenerator setbacks see
Article IV, section 54-87 of the Collier Countv Code of Laws and
Ordinances. )
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SUBSECTION 3.R.
AMENDMENTS TO SECTION 4.02.02 DIMENSIONAL STANDARDS
FOR CONDITIONAL USES AND ACCESSORY USES IN BASE
ZONING DISTRICTS
Section 4.02.02 Dimensional Standards for Conditional Uses and Accessory Uses in Sase
Zoning Districts, of Ordinance 04-41, as amended, the Collier County Land Development Code, is
hereby amended to read as follows:
4.02.02 Dimensional Standards for Conditional Uses and Accessory Uses in Base
Zoning Districts
A. GC District. rRESERVEDl
+,. Accessory uses. Pro shops '....ith equipment sales ~re :lllo'Nable,
provided th~t the shops :lre no more th:ln 1,000 square feet in size;
restaurants '....ith :3 sO:3ting c:3p~oity of 150 seats or loss are :lllo'....able,
provided that the hours of oporation :lre no later that 10:00 p.m.
~ Conditional uses. Commercial establishments oriented to the permitted
uses of the distriot including gift shops; pro shops with equipment s:3les in
excess of 1,000 squ:lre feet; restaurants with se:lting c:lp~oity greater
Page 80 of 194
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than 150 se3ts; cocktail lounges, 3nd simil3r uses, prim3rily intended to
serve patrons of the golf course.
B. A District. rRESERVEDl
4-:- Accessory uses:
a- P3ckinghouse or simil3r 3gricultur31 processing of farm products
produced on the property subject to the following restrictions:
fij Agricultur31 p3cking, processing or similar facilities Sh311 be
loc3ted on a major or minor arterial street, or sh311 have
access to 3n arterial street by 3 public street that does
not abut properties zoned RSF 1, RSF 6, RMF 6, RMF 12,
RMF 16, RT, VR, MH, TTRVC and PUD or residentially
tfSeG.
W A buffer yard of not less th3n 150 feet in width sh311 be
pro'/ided 310ng e3ch bound3!)' of the site which abuts any
residenti3l1y zoned or used property, 3nd shall contain an
altern3tive B type buffer as defined within section 1.06.00
of this LDC. Such buffer 3nd buffer yard shall be in lieu of
front, side, or rear yards on th3t portion of the lot which
abuts those districts and uses identified in section
2.03.01 (,^.).
fill} The facility sh311 emit no obnoxious, toxic, or corrosive
dust, dirt, fumes, vapors, or g3ses '.vhich can C3use
dam3ge to human h03lth, to animals or 'legetation, or to
other forms of property beyond the lot line of the use
creating the emission.
a,. Exc3\'3tion 3nd rel3ted processing 3nd production subject to the
following criteria:
-fit The 3ctivity is clearly incidental to the agricultural
development of the property.
W The affected 3re3 is within 3 surface 'A'ater man3gement
system for agricultural use 3S permitted by the SFWMD.
fill} The 3mount of excav3ted materi31 removed from the site
C3nnot exceed 1,000 cubic Y3rds. Amounts in excess of
1,000 cubic Y3rds sh311 require conditional lIse 3pprov31
for e3rthmining, pursu3nt to the procedures 3nd conditions
set forth in Chopter 10.
6 Condition31 uses Lot 3re3 requirements:
Animal breeding, roising, tr3ining, stabling, or kenneling 203cres
Page 81 of 194
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Asph:Jlt pl:Jnts 10 acres
Commerci:J1 production, raising or breeding of exotic 20 :Jcres
:Jnim:Jls, other th:Jn :Jnim:Jls typically used for agricultur:J1
purposes or production~
D:Jiry 20 :Jcres
Livestock r:Jising 20 :Jcres
Poultry and egg production 20 :Jcres
Reptile breeding and r:Jising (non venomous)~ 20 :Jcres
~ Roofed structures sh:J1I be a minimum of 100 feet from any property
liRe.
~ Condition:J1 uses Design requirements:
a- Asph:Jltic :Jnd concrete batch m:Jking pl:Jnts:
fit Princip:J1 a6GeSS shall be from :J street designated
collector or higher classific:Jtion.
fH1 R:Jw materi:Jls stor:Jge, pl:Jnt location :Jnd gener:J1
operations :Jround the pl:Jnt shall not be 10c:Jted or
conducted within 100 feet of :Jny exterior boundary.
fill} The height of raw m:Jteri:J1 storage facilities shall not
exceed :J height of fifty (50) feet.
(+v) Hours of oper:Jtion shall be limited to two (2) hours before
sunrise to sunsot.
M The minimum setbaGk from the princip:J1 rO:Jd frontage
sh:J1I be 150 feet for oper:Jtion:J1 facilities and seventy five
(75) feet f.or supporting :Jdministr:Jtive offices :Jnd
:Jssoci:Jted parking.
M An e:Jrthen berm achieving a vertic:J1 height of eight foet or
equiv:Jlent '1eget:Jtive screen with eighty (80) percent
op:Jcity one (1) ye:Jr :Jfter issuance of certificate of
occupancy sh:J1I be constructed or created :Jround the
entire perimeter of the property.
fW1 The pl:Jnt sh:J1I not be located 'Nithin the Greenline Area of
Concern for the Florida State P:Jrk System :JS est:Jblished
by the Department of En'lironment:J1 Protection (DEP);
within the Are:J of Critic:J1 State Concern as depicted on the
Future Land Use M:Jp GMP; within 1,000 f-eet of a natural
Page 82 of 194
Words struck through are deleted, words underlined are added
reservation; or within any County, St::lte or f-eder::ll
jurisdictional '''Jetlands.
G-, Tour operations, such ::lS, but not limited to ::lirbo::lts, sW::lmp
buggies, horses, and similar modes of transport::ltion, sh::lll be
subject to the f-ollowing criteri::l:
fj.) Permits or letters of exemption from the U.S. I\rmy Corps
of Engineers, the Florida DEP, ::lnd the SF\'VMD shall be
presented to the County M::ln::lger or designee prior to site
development plan appro'/::l/.
W The petitioner sh::lll post the property along the entire
property line with no trespassing signs ::lpproxim::ltely
every 300 prds.
fili1 The petitioner sh::lll utilize only tr::lils identified ::lnd
approved on the site development plan. Any existing
trails sh::lll be utilized before the establishment of new
tfaUs.:.
fiv1 Motor ':ehicles sh::lll be equipped ',vith engines which
include sp::lrk arrestors ::lnd mufflers designed to reduce
Reise:-
M The m::lximum size of any vehicle, the number of vehicles,
and the p::lssenger cap::lcity of ::lny 'Jehicle sh::lll be
determined by the bO::lrd of zoning ::lppea/s during the
conditional use process.
M Motor vehicles sh::lll be permitted to oper::lte during daylight
hours "...hich me::lns, one (1) hour ::lfter sunrise to one (1)
hour before sunset.
fvHt Molest::ltion of \A.'ildlife, including f-eeding, shall be
prohibited.
fvmt Vehicles sh::lll comply 'Nith st::lte ::lnd United St::ltes CO::lst
Guard regu/::ltions, if ::lpplicable.
C. E District. fRESERVEDl Extr::lction or e::lrthmining, ::lnd rel3ted processing and
production not incident::ll to the development of the property, m::lY be permissible ::lS ::l
conditional use v:here the site ::lre::l does not exceed tv:enty (20) ::lcres.
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G. C-1 District. fRESERVEDl
4-,. Conditional use Mixed use residenti::ll ::lnd commercial use, subject to
the following:
Page 83 of 194
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a:- The commercial uses in the Ete'..elopment may be limited in hours
of oper::ltion, size of delivery trucks, ::lnd type of equipment;
9:- The residenti::ll uses ::lre designed so th::lt they ::lre oompatible with
the commerci::ll uses;
Go Residential Et'.velling units ::lre located ::lbove principal uses;
€h Residential and commeroi::ll uses do not occupy the S::lme floor of
a builEting.
e,. The number of residenti::ll dwelling units shall be controlled by
the dimensional st::lnd::lrds of the underlying district, together with
the speoifio requirement that in no inst::lnce sholl the residential
uses exoeed fifty (51 %) peroent of the gross floer area of the
building.
f,. Building height may not exceed two (2) stories.
~ Each residenti::ll dv:elling unit sh::lll cont::lin the f-ollowing
minimum fleer areas; effioiency ::lnd one bedroom, 450 squ::lre
feet; two bedroom, 650 squ::lre feet; three bedroom, 900 square
feet.
h The mixed oommerci::lllresidential structure sh::lll be designed to
enh::lnce compatibility of the commeroi::ll ::lnd residential uses
through such me::lSUros ::lS, but not limited to, minimizing noise
assooi::lted with commeroi::ll uses; directing oommeroi::ll lighting
aW::lY from residenti::ll units; and separ::lting pedestrian ::lnd
vehioul::lr ::lCCeSS'N::lYS :md p::lrking ::lre::lS from residenti::ll units, to
the gre::ltest extent possible.
H. C-2 District. fRESERVED]
.:h Accessel)' uses. Where pl::ly ::lre::lS ore oonstructed ::lS an accessory
use to ::l permitted use, the following conditions sh::lll apply:
a,. A minimum five and one half (5 %) foot high reinforoed fence sh::lll
be installed on ::lll sides of the pl::ly are::l '.vhich ::lre not open to the
principal structure;
9:- Ingress to ::lnd egress from the pl::lY area sh::lll be m::lde only from
the principal structure, hO\~..ever an emergency exit from the ploy
Page 84 of 194
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3reiJ shall be provided ',.'hich does not empty into the principal
structure.
G:- The play equipment sh311 be set back a minimum distance of five
(5) feet from the required fence and f-rom the principal structure.
~ Conditional use. Mixed residenti31 and commerci31 use, subject to the
follo\..,ing:
a,. All st3nd3rds for the mixed residenti31 3nd commerci(]I use in the
C 1 District.
a,. The residenti31 dwelling units sh311 be restricted to occup3ncy by
the O'Nners or lessees of the commerci31 units belo'.....
I. C-3 District. fRESERVEDl Mixed residential 3nd commerci31 use m3Y be
allo'll3ble 3S a condition31 use, subject to the S3me stand3rds 3S the mixed
residential 3nd commerci31 use in the C 2 District.
J. C-5 District. fRESERVEDl Child d3Y C3re m3Y be 3110w3ble 3S 3 condition31
use, subject to the following st3nd3rds:
-h All 3reas and surf3ces re3dily 3ccessible to children sh311 be free of toxic
subst3nces 3nd h3zardous m3teri3ls. This shall include 311 3cij3cent 3nd
abutting properties lying within 500 feet of the child care center's nearest
property line.
~ It Sh311 not be loc3ted '.vithin 500 feet of the ne3rest property line of I3nd
uses encomp3ssing wholesale stor3ge of g3soline, liquefied petroleum,
g3S, oil, or other fl3mmable liquids or g3ses.
J,. It sh311 not be loc3ted on the S3me street custom3rily utilized by
construction truck traffic from 3sphalt pl3nts and exc3'lation quarries.
~ It sh311 h3ve 3 minimum lot 3re3 of 20,000 squ3re feet and 3 minimum lot
width of 100 feet.
~ It sh311 provide 3 minimum uS3ble open space of not less th3n thirty (30)
percent of the tot31 square footage of the lot 3re3.
e.,. It shall provide th3t 311 open sp3ces to be used by children will be
bounded by 3 fence of not less th3n fi'Je (5) feet in height, to be
constructed of wood, m3sonry, or other 3ppro'led m3teri31.
+-: It sh311 provide 3 I3ndsc3pe buffer in 3ccord3nce with section 1.06.00.
8,. It sh311 comply with the St3te of Florid3 Dep3rtment of Health 3nd
Rehabilit3tive Services D3Y C3re Stand3rds of the Florida .'\dministrati'lo
GOOe,.
Page 85 of 194
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9-:- Where a child care center is proposed in conjunction with, and on the
same parcel as, a fnoility whioh is a permitted use, the requirements set
forth in subparagr3phs a through h above, 'Nith the exceptions of
subparagr3phs d and e, shall be used to provide the protections to
children using the child 03re center intended by this section consistent
with the development of the proposed permitted use.
K. I District. rRESERVEDl
+- Conditional uses.
a- Adult day care, subjeot to the following requirements:
ff1 Shall not be located '.vithin 500 f-eet of the nearest property
line of land uses enoompassing wholesale storage of
g3soline, liquefied petroleum, gas, oil, or other flammable
liquids or gases.
W Shall not be located on the same street customarily
utilized by construction truok traffic from asphalt plants and
excavation quarries.
{iH1 Shall ha'Je a minimum lot area of 20,000 square feet and a
minimum lot width of 100 feet.
fWt Shall provide a minimum usable open space of not less
than thirty (dO) percent of the total square f-ootage of the
lot area.
9,. Child day care, subject to the same standards as for the C 5
district.
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SUBSECTION 3.S.
AMENDMENTS TO SECTION 4.02.12 SAME-OUTDOOR STORAGE
Section 4.02.12 Same-Outdoor Storage, of Ordinance 04-41, as amended, the Collier County
Land Development Code, is hereby amended to read as follows:
4.02.12 Same-Outdoor Storage
A-c Outdoor storage yards may be permissible in the C 1 district, pro'Jided that the
yard is looated no closer than twenty five (25) feet to any public street and that
such yard shall be completely enclosed, except for necossary ingross and
egress, pursuant to the requirements of this LDC. This provision shall not be
construed to allow, as permitted or aCGessol)' use, wrecking yards, junkyards,
or yards used in whole or p:Jrt for scrap or salvage operations or for processing,
storage, displ:Jy, or sales of any scrap, sal'.'age, or secondh:Jnd building
materials, junk automotive vehicles, or secondhand automotive 'Jehicle parts.
Page 86 of 194
Words struck through are deleted, words underlined are added
Q.,. 'Nithin the C 5 district, outside stor3ge or displ3Y of merchandise is prohibited
within 3ny front yard. Temporary displ3Y of merchandise during business hours
i6 permissible, provided it does not 3dversely affect pedestri3n or vehicul3r tr3ffic
or public health or safety. Merch3ndise stor3ge 3nd display Sh311 be 3110wed
within the side and re3r yards of lots.
G-:- A. All permitted or conditional uses allowing for outdoor storage, including but not
limited to storage of manufactured products, raw or finished materials, or vehicles
other than vehicle intended for sale or resale, shall be required to screen such
storage areas with a fence, or equivalent landscaping or combination thereof, not
less than seven (7) feet in height above ground level. Said fence or wall shall be
opaque in design and made of masonry, wood, or other materials approved by
the County Manager or designee.
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SUBSECTION 3.T.
AMENDMENTS TO SECTION 4.02.29 SAME-FARM MARKET
OVERLAY SUBDISTRICT
Section 4.02.29 Same-Farm Market Overlay Subdistrict, of Ordinance 04-41, as amended, the
Collier County Land Development Code, is hereby amended to read as follows:
4.02.29 Same-Farm Market Overlay Subdistrict
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G-:- Outdoor 631es of agricultur-al products are permitted on impro'Jed or
unimproved properties provided the applicant submits 3 site de'Jelopment plan
which demonstrates th3t provisions will be m3de to 3dequ3tely address the
follo'l.'ing:
4.,. Vehicul3r 3nd pedestri3n traffic S3fety me3sures.
6 Parking for undeveloped properties ':Jill be c31culated 3t 3 r3te of 1/250
6qu3re feet of merch3ndise nre3. ,f", m3ximum of ten (10) percent of the
parking required by section 1.05.00 of this LDC may be occupied or
othe/"\vise rendered unusable by the pl3cement of temporary structures,
equipment, signs, 3nd merch3ndise. The minimum number of disabled
parking sp3ces purSu3nt to section 4.05.07 sh311 be required.
~ Limited hours of oper3tion.
4:- Fencing, lighting.
a.,. Fire protection measures.
@,. Sanitary bcilities.
Page 87 of 194
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1-: The applicant sholl provide a notarized letter from the property owner
granting permission to utilize the subject property for agricultural outdoor
~
g,. The pbcement of one (1) sign, a maximum of thirty tv.'o (32) square feet,
or two (2) such signs for properties containing more than one (1) street
frontage sholl be permitted.
9,. Agricultural products may be sold from a vehicle provided that the vehicle
is not located in the rood right of '.\~ay.
4.(h Agricultural proEtucts may be dispbyed within any front yard provided
it does not ad'lersely affect pedestrian or vehicular traffic or public health
or safety and is not located within the rood rights of \a:ay.
~ A minimum 5 foot landscape buff-er sholl be required adjacent to any rood
rights of I.....ay.
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SUBSECTION 3.U.
AMENDMENTS TO SECTION 4.02.32 SAME-MAIN STREET
OVERLAY SUBDISTRICT
Section 4.02.32 Same-Main Street Overlay Subdistrict, of Ordinance 04-41, as amended, the
Collier County Land Development Code, is hereby amended to read as follows:
4.02.32 Same-Main Street Overlay Subdistrict
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~ Special requirements for outdoor dispby and sole of merchandise.
4-,. Outdoor dispby and sole of merchandise, within the front and side yards
on improved properties, ore permitted subject to the follo'l.'ing provisions:
a- The outdoor dispbytsale of merchandise is limited to the sole of
comparable merchandise sold on the premises and is indicated on
the proprietors' occupational license.
e.,. The outdoor display/sole of merchandise is permitted on improved
commercially zoned properties and is subject to the submission of
a site de'.'elopment plan that demonstrates that provisions will be
mode to adequately address the following:
h Vehicular and pedestrian traffic saf-ety measures.
fh. Location of sale/displ3y of merchandise in relation to
parking areas.
Page 88 of 194
Words stmck through are deleted, words underlined are added
f.v.,. Limited hours of operation from dawn until dusk.
~ Outdoor displ3y and s:lle of merch:lndise within the sidewalk :lre:l only
shall be permitted in conjunction with "Main Street" :lpproved vendor
C:lrts, pro'Jided the applisant submits :I site de':elopment plan which
demonstr3tes th:lt pro'/isions 'Nill be made to 3dequ:ltely :lddress the
f-ollo'Ning:
a: Location of s:lleJdispl:lY of merch:lndise in rel3tion to rO:ld rights
of way;
~ Vendor C3rtS :Ire loc:lted on side'Nalks th:lt afford the applisant a
five (5) foot c1e:lr:lnce for non obstructed pedestrian tr:lffic; and
G,- Limited hours of oper:ltion from d:l'Nn until dusk.
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SUBSECTION 3.V.
AMENDMENTS TO SECTION 4.02.35 DESIGN STANDARDS FOR
DEVELOPMENT IN THE GTMUD-MIXED USE SUBDISTRICT (MXD)
Section 4.02.35 Design Standards for Development in the GTMUD-Mixed Use Subdistrict (MXD),
of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby
amended to read as follows:
4.02.35
Design Standards for Development in the GTMUD-Mixed Use Subdistrict
(MXD)
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B.
Regulations For Outdoor Display and Sale of Merchandise.
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GTMUD Figure 1. Front Setback Zone Davis Boulevard, US 41, Airport-Pulling
Road and Commercial Drive
(For illustrative purposes only)
Page 89 of 194
Words stmck through are deleted, words underlined are added
Front Setback :!Dne
Mixed Use Subdistrict
and C-1 through C-5
Comm8I'Clal Zoning
Districts
Front Setback :!Dna
Maad Usa Subdi$trict
andC-1 through C-5
Comlll8l'Clal Zoning
Districts
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,_ zone,),
,twttt..... z..~ ,.,..,
Davis Boulevard, US 41
and Airport-Pulling Road
Commercial Drive
Front Setback Zone
Mbced Use Subdistrict
and C-1 through C-5
Commercial Zoning
Districts
Front Setback Zone
Mbced Use Subdls1rfct
and C-1 through C-5
Commercial Zoning
Districts
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Davis Boulevard, US 41
and Airport-Pulling Road
Commercial Drive
Page 90 of 194
Words struck throl:lgh are deleted, words underlined are added
GTMUD Figure 3. 3-Story Building Height, Step Back, Projections, and Recesses
(For illustrative purposes only)
Mixed Use Subdlstrlctl Residential
above Commercial or Residential
Only FrontinJl5!.n US 41:
3 Stories
Maximum Actual Height: 56 Feet
Ml!!trtl~r1gle A!1!(~ U~!!
8 Stories
Maximum Actual Height: 126 Feet
Parapet mufmum -4 feet lIIlcwII Rod
COlI'!mercial Zoning Districts
Heights according to current LDC
BotJom of Ee.. LIM or Top of BuIlt-up Roof
I 10 FHt Minimum
~1Icm
FtlJIItYMi
BuIJd..to.Une
3rrI SloIy end
AheM
RNIhntlrJI Un Only
Maxtmum Imlght 42 Ft
eomm.ItlirJI U.. or
Only
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70" of Front "-de f1IIItIt be p/-.d on
Front YINd BuiJd.Io.Une, 8IId ~
muat be . Minimum of 3 FHt
3FHt
GTMUD
Mixed Use Subdistrict and C-1 through C-5 Districts:
Building Height, Step-Back, Projections and Recesses
Page 91 of 194
Words struck tJ:lfOl:Igh are deleted, words underlined are added
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Mixed Use Subdistrict/Residential
above Commercial or Residential
Only Fronting on US 41:
3 Stories
Maximum Actual Height: 56 Feet
Mini Triangle Mixed Use
8 Stories
Maximum Actual Height: 126 Feet
Commercial Zoning Districts
Heights according to current LDC
Pro}tctJon Allowed
for Awning.,
C.nop/.. .nd
B.lconl..:
6 FfHI' MIX/mum
P'I'II".t m.x/mum 4 FfHI'lbovt Roof
Bottom of E.v. Lln. or Top of Built-up Roof
10 FfHI' Minimum
SNp.b.ck frllm
Front V.rd
Bulld.to.Llne
3rd Story .nd
Above
R..ldenll.1 U.. Only
Meltlmum H'Ight: 42 Ft
Comm.rcl.1 U.. or
Resld.nll.1 U.. Bulldlnll'
Only
UooJ
GTMUD
Mixed Use Subdistrict and C-1 through C-5 Districts:
Building Height. Step-Back. Projections and Recesses
Page 92 of 194
Words stmck through are deleted, words underlined are added
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GTMUD Figure 4. 4-Story Building Height, Step Back, Projections, and Recesses
(For illustrative purposes only)
MIxed Use Subdistrict! Residential
above Commercial or Residential
.Only Fronting on US 41:
4 Stories
Maximum Actual Height: 70 Feet
Pw8pet mu/mum 41110t - Rod i
MinI Trlangle!!f/xecj Use
8 Stories
Maximum Actual Height: 126 Feet
c:omn..n:ie{ or R.-rtJeI U. Onty
4 S10rlM
Mmnum HeiQht 66 R
M/1tfId u.:
ReoJdentIeI 0-
CoIMrerchJI or Re_
Onty Fron/Jng on us 41
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g~~m,r:pI"!_?~fJ!!,gJ1!~.tr..1f?~
Heights according to current LDC
--
.,6Fe41
PIt1jecJlono
~Ibr
Awn/ngI, or
BaIoonJeo
R_1i UIII Only
10 MInImum FIef
10 FMt MInImum
S/Ip-8IoIc 110m
Front YIrd
BufId..tx>.Utto It
3td end S1Dty
end Abow
RNIdIntIII UIII Only
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No/Qs1Mn 12!'Nt I I
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Rm Floor Commerolll /he Onty
GTMUD
Mixed Use Subdistrict and C-1 through C-S Districts:
~J!ll!!LlJg-'i~!g!J~.~~f!P::!1~g--'fLf'I!'i~tJo'!~-'~~Bf!Ce~es
i ; 7~ of FronI FICIde,."., be p/aDed on
I FfOfJI YIrd 8u11d-lo-Uno. end Rec:IosoN
: : muot be . MInImum of 3 FMt
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iii
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Page 93 of 194
Words struck through are deleted, words underlined are added
Mixed Use Subdistrict/Residential
above Commercial or Residential
Only Fronting on US 41:
4 Stories
Maximum Actual Height: 70 Feet
Mini Triangle Mixed Use
8 Stories
Maximum Actual Height: 126 Feet
Commercial Zoning Districts
Heights according to current LDC
10 F.., Minimum
SIop"b..k !tom
Fronl V.rd
BuIIlMo.Llntel
3rd IJId S'OI)'
.nd Aba,,"
..........
.-
Pro/l<>tlon Allowed
for Awn/lIP,
C.noplll.1Hi
81Ieonl..:
"'''1''1 IIlIrlmum 4 FHI .bo.. Roof
Boltom of Eo.. Lln. or Top of Bult-up Roof
110.....
5FH1
PN/101Ion1
AllOwud tor
Awn//If1I01'
811eonl..
Ro.ldlnUII U,. On~
10 Minimum FHI
Ro./dM/l11 V.. Only
4SIotIu
Mulmum HoIQhl: H FI
Mind U..
R../dlnIllIOW
Commercl., or Rulr1l1lli1J
Comm..../.lor IIto/d",'''' VII On~ On~ Fronllng on US 41
'-
...................................
'-
FI", Floor Ht/ghl
//0 Ia.th.n 12 FHI
No",," thin l' Fell J l
!tom C! It
Flnl.hud Floor 10 CelMng
FI", Floor eo""""."'lhl On~
--
3Pttf
GTMUD
Mixed Use Subdistrict and C-1 through C-5 Districts:
Building Height, Step-Back, Projections and Recesses
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Page 94 of 194
Words struek tarol:Jgh are deleted, words underlined are added
C. Parking Standards
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1. Mixed Use Projects
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d. Parking Location
i. Off-street parking in front of buildings abutting US 41,
Davis Boulevard or Airport-Pulling Road shall not exceed
50% of that building's parking requirement.
a) The design shall be a single-aisle double-loaded
parking lot.
b) The remaining parking required shall be located on
the side or rear of the building.
Parking Location
(For illustrative purposes only)
GTMUD - MIxed Un Subdlstlct:
Loc8t1on of Off Street Parldna
~__JfTmTUTT~
Page 95 of 194
Words struek throl:lgh are deleted, words underlined are added
GTMUD - Mixed Use Subdistrict:
Location of Off Street Parking
-------.---.--.-.-..-.-______._L~
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GTMUD FiQure 5
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SUBSECTION 3.W.
AMENDMENTS TO SECTION 4.05.02 DESIGN STANDARDS
Section 4.05.02 Design Standards, of Ordinance 04-41, as amended, the Collier County Land
Development Code, is hereby amended to read as follows:
4.05.02 Design Standards
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M. Each parking space shall be a minimum of nine (9) feet by eighteen (18) feet in
size or sixteen (16) feet in depth measured from the aisle width to the face of the wheel
Page 96 of 194
Words struck through are deleted, words underlined are added
stop except in the case of parallel parking where the dimension of the space shall be
nine (9) feet by twenty-three (23) feet for spaces running parallel to the driveway which
affords access to said spaces. As an alternative, nine (9) feet by eighteen (18) feet
spaces may be used in which case there must be a six (6) foot marked clear zone space
in front of or in back of every space. See Exhibit "A" for typical off-street parking design.
All parking spaces for the exclusive use of compact vehicles indicated on an approved
site development plan, and any subsequent amendments thereto, shall be counted as
standard parking spaces.
Page 97 of 194
Words struck throl:lgh are deleted, words underlined are added
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mll:.lL OF7-STIU1'
'AlWNC DESlCH
DIYISlOll U
cowo COUNTY DIVELO,1WI'l'
StRYlC!S D!Pd'NEM'r
a.. -:--
It JAM ..
llT.S.
EXHIBIT A
Page 98 of 194
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TYPICAL OFF-STREET
PARKING DESIGN
DIVISION 2.3
COLLIER COUNTY DEVELOPMENT
SERVICES DEPARTMENT
19 JAN 96 N.T.S.
EXHIBIT A
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Page 99 of 194
Words struck through are deleted, words underlined are added
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SUBSECTION 3.X.
AMENDMENTS TO SECTION 4.05.04 PARKING SPACE
REQUIREMENTS
Section 4.05.04 Parking Space Requirements, of Ordinance 04-41, as amended, the Collier
County Land Development Code, is hereby amended to read as follows:
4.05.04 Parking Space Requirements
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E. Required off-street parking shall be located so that no automotive vehicle when
parked shall have any portion of such vehicle overhanging or encroaching on
public right-of-way or the property of another. If necessary, wheel stops or
barriers may be required in order to enforce this provision.
F. Required off-street parkin!:! accordin!:! to the requirements of this Code shall not
be reduced in area or chan!:!ed to any other use unless the permitted or
permissible use that it serves is discontinued or modified. or equivalent required
off-street parkin!:! is provided meetin!:! the requirements of this Code.
~ G. Minimum requirement.
1. Irrespective of any other requirement of this LOC, each and every
separate individual store, office, or other business shall be provided with
at least one (1) off-street parking space, unless specific provision is
made to the contrary.
2. The County Mmanager or designee may determine the minimum parking
requirements for a use which is not specifically referenced below or for
which an applicant has provided evidence that a specific use is of such a
unique nature that the applicable minimum parking ratio listed in this LOC
should not be applied. In making such a determination the County
Manager or designee may require submission of parking generation
studies; evidence of parking ratios applied by other counties and
municipalities for the specific use; reserved parking pursuant to section
4.05.05; and other conditions and safeguards deemed to be appropriate
to protect the public health, safety and welfare.
G,. H. Spaces required.
Table 17. Parking space requirements.
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SUBSECTION 3.Y.
AMENDMENTS TO SECTION 4.06.01 GENERALLY
Section 4.06.01 Generally, of Ordinance 04-41, as amended, the Collier County Land
Development Code, is hereby amended to read as follows:
4.06.00 LANDSCAPING, BUFFERING, AND VEGETATION RETENTION
4.06.01 Generally
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O. Landscaping with Sight Oesign Triangles.
1. Safe sight distance triangles at intersection and access points. (Refer to
Figure 4.06.01 0., Sight Oistance Triangles). Where a driveway/access
way intersects a right-of-way or when a property abuts the intersection
of two or more rights-of-way, a minimum safe sight distance triangular
area shall be established. Within this area, vegetation shall be planted
and maintained in a way that provides unobstructed visibility at a level
between 30 inches and 8 feet above the crown of the adjacent roadway.
Landscaping shall be located in accordance with the roadside recovery
area provisions of the State of Florida Oepartment of Transportation's
Manual of Uniform Minimum Standards for Oesign, Construction, and
Maintenance of streets and Highways (OaT Green Book) where
appropriate. Posts for illuminating fixtures, traffic control, and street name
signs shall also be permitted, so long as the sign or equipment is not
within the prescribed clear space.
Where an accessway enters a right-of-way, two safe distance triangles
shall be created diagonally across from each other on both sides of the
accessway. Two sides of the triangle shall extend 10 feet each way from
the point of intersection from the edge of pavement and the right-of-way
line. The third side of the triangle shall be a line connecting the ends of
the other 2 sides.
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J:
A
OJi__)'
~
A.'
Sir..! P~1
Rq.l o. WeIr
(Prop, line)
friange' ., Requil't..
Q.... 'YIMlttr .
(HOtell" ......,,)
PLAN
.._.....'....r..
~ nI. min.
d.... lr..."...
to"
30- tit. J
:a: ~
Int~stCtion of Drivpc" ond ~tr"l
At.a 0 f Il~lrl>d
(::,0.. Vi.lb~ilr
~... 'I~t ,..:.7:.:.....}~ ...~
CROSS ~EcnON A.-A' Intersection of CKj",ewo'l' on~ Str..t
Tr;Of'g1.s 0' R...lrlllo
CI'Cl" "'slIblllt,
(I1DI~'iil ArWIII)
Lcndecope flu'I.,
~
Vi
PLAN Street k'llersecti9"l
Page 102 of 194
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A
Landscape
Bu Iter
Driveway
I-- 1 D' ---...I
I I
I .:::<::'.:::':"::::::.:.::I:::::":':':'~'~':'~
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A'
I.-- 1rJ --i
I I
::::::::.:. :I~:j~~!.~::.::::::~::~~:::. :
Street Pavement
Triangles of Required
Cross Visability
(Hatched Areas)
- - - -"-
a' hI. min. 1
clear trunk
10'
30" hI. ~:'J_
/- - Right of Way
/ (Prop. Line)
I
PLAN
Intersection of Drivewoy ond Street
I ~I.;~r- o,;w." 'I:;~r- I
r--10' -1 Edge of Pavement 10'-1
CROSS SECTION A-A' : Intersection of Driveway and Street
CLEAR AREA FOR
SIGHT DISTANCE
----~---.....
"' /
-----~yl ,',
LOCAL ROADWAY IN SUBDIVISION
Figure 4.06.01 0 - Sight Oistance Triangles
Where a property abuts the intersection of two rights-of-way, a safe
distance triangle shall be created. Two sides of the triangle shall extend
30 feet along the abutting right-of-way lines, measured from the point of
intersection. The third side of the triangle shall be a line connecting the
Page 103 of 194
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ends of the other 2 sides.
The developer shall comply with all of the provisions of the applicable
landscape requirements and this section 4.06.00 at the time of
subdivision or development approval or when applicable.
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SUBSECTION 3.Z.
AMENDMENTS TO SECTION 4.06.05 GENERAL LANDSCAPING
REQUIREMENTS
Section 4.06.05 General Landscaping Requirements, of Ordinance 04-41, as amended, the
Collier County Land Development Code, is hereby amended to read as follows:
4.06.05 General Landscaping Requirements
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O. Plant Material Standards.
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4. Shrubs and hedges. Shrubs and hedges shall be installed and maintained
at a minimum height as specified in Section 4.06.02.C.4,. except where
street visibility at street and driveway intersections is required and where
pedestrian access is provided. Shrubs and hedges shall screen the
adjacent pavement surface or developed property required to be
buffered and/or screened. Hedges, where required, shall be maintained
so as to form a continuous, unbroken, solid visual screen within a
minimum of one year after time of planting.
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SUBSECTION 3.AA. AMENDMENTS TO SECTION 4.08.07 SRA DESIGNATION
Section 4.08.07 SRA Designation, of Ordinance 04-41, as amended, the Collier County Land
Development Code, is hereby amended to read as follows:
4.08.07 SRA Designation
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K. SRA Public Facilities Impact Assessments. Impact assessments are intended to
identify methods to be utilized to meet the SRA generated impacts on public
facilities and to evaluate the self-sufficiency of the proposed SRA with respect to
these public facilities. Information provided within these assessments may also
indicate the degree to which the SRA is consistent with the fiscal neutrality
requirements of Section 4.08.07 L. Impact assessments shall be prepared in the
following infrastructure areas:
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7. Public Schools. The applicant shall coordinate with the Collier County
School Board to provide information and coordinate planning to
accommodate any impacts that the SRA has on public schools. As part
of the SRA application, the following information shall be provided:
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a. Number of residential units by type School Imoact Analysis
(SIAl for a determination of school capacity only (refer to section
10.04.09 for SIA requirements); and
b. An estimate of the number of school 3ged children for e3ch type
of school impacted (elementary, middle, high school); 3nd
G Q. The potential for locating a public educational facility or facilities
within the SRA, and the &ites location(s) of any site{sl that may be
dedicated or otherwise made available for a public educational
facility.
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SUBSECTION 3.BB. AMENDMENTS TO CHAPTER 5 SUPPLEMENTAL STANDARDS
TABLE OF CONTENTS
Chapter 5 Supplemental Standards Table of Contents, of Ordinance 04-41, as amended, the
Collier County Land Development Code, is hereby amended to read as follows:
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5.03.01
5.03.02
5.03.03
5.03.04
5.03.05
5.03.06
5.04.01
5.04.02
5.04.03
5.04.04
5.04.05
5.04.06
5.04.07
5.04.08
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5.03.00 Accessory Uses and Structures
Canopy Tents and Shades
Fences and Walls. Excludino Sound Walls
Guesthouses
Oumpsters and Recycling
Caretaker Residences
Oock Facilities
5.04.00 Temporary Uses and Structures
Generally (To Be Provided) Temporary Use Permits
Interim Agricultural Uses
Temporary Uses Ouring Construction
Model Homes and Model Sales Centers
Temporary Events
Temporary Signs
Annual Beach Event Permits
rReservedl
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SUBSECTION 3.CC. AMENDMENTS TO SECTION 5.03.02 FENCES AND WALLS
Section 5.03.02 Fences and Walls, of Ordinance 04-41, as amended, the Collier County Land
Development Code, is hereby amended to read as follows:
Page 105 of 194
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5.03.02 Fences and Walls. Excludino Sound Walls
A. :'\11 districts.
1. 'Nhenever ::l property owner elects to construct ::l ch::lin link fence,
pursuant to the provisions herein, adjacent to ::In arterial or Gallector
road in the urban cO::lst::l1 area, shall not be 10c::1ted closer th::ln three (3)
feet to the right af'l:ay or property line, ::lnd said fence sh::lll be screened
from view by planting a hedge of living pl::1nt m::lterial ::It ::l minimum of
thirty (30) inches in height and spaced a dist::lnce apart that will ::lchieve
an opacity of 80 percent sight obscuring screen 'J:ithin one (1) yeor of
planting. An irrigation system shall be installed to ensure the continued
vi::1bility of the hedge as ::1 visual screen of the ch::lin link fence. This
regulation shall not ::lpply to single f::1mily homes.
a. Structures subject to section 5.05.08 /\rchitectural & Site Oesign
St::lndards must comply with the follo'l:ing ::lddition::ll f-encing
stand::lrds:
i. Ch::1in link ::lnd wood fences ::lre prohibited fOIV.-ard of the
prim::lry facade ::lnd must be ::l minimum of 100 feet from ::l
public right of way. Ch::lin link ::lnd 'I.-ood fencing f::1cing a
public or pri':ate street must be screened with an irrig::lted
hedge pl::1nted directly in front of the fence on the street
side. PI::lnt m::lterial must be ::l minimum of J g::1l1on in size
and pl::1nted no more than J feet on center at time of
installation. This plant m::lteri::ll must be maint::lined at no
less than three quarters of the height of the adjacent
fence (See Illustration 5.03.02 A.1.::l. 1 ).
ii. Fences fOIVJ::lrd of the prim::ll)' facade, excluding ch::lin link
and wood ::lre permitted under the follo'Ning conditions:
(a) Fences must not exceed f-our feet in height.
(b) The fence provides either ::In open view at ::l
minimum of 25 percent of its length or pro':ides
'J::lri::ltion in its height for ::l minimum of 15 percent
of its length with a de'Ji::ltion of at le::lst 12 inches.
(c) The fence style must complement building style
through m::lteri::ll, color ::lnd design.
2. /\11 fences and walls sh::lll be of sound construction ::lnd sh::lll not detr::lct
from the public health, saf-ety, ::lnd welfare of the general public.
3. All f-cnces ::lnd walls sh::lll be maintained in a m::lnner th::lt '.vill not detr::lct
from the neighborhood or community.
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4. B:lrbed wire is :luthorized 'Nithin :lgricultur:ll, commercial, industri:ll
districts and on fences surrounding public utility :lncill:lry systems in all
districts. R:lzor or concertina 'I.'ire is not permitted except in the case of
an institution ".'hose purpose is to inc:lrcer:lte individu:lls, i.e., :l jail or
penitenti:lry, or by :lppeal to the BZJ\.
6. No fence or w:l1I within :lny district shall block the '/iew of passing
motorists or pedestri:lns so :lS to constitute :l h:lzard.
6. Fonces :lnd wallssh:lll be constructed of convention:ll building m:lteri:lls
such as, but not limited to, concrete block, brick, '.vood, docor:lti'.'e iron or
steel, :lnd ch:lin link.
7. Fences ::md w:llls sh:lll be constructed to present the finished side of the
fence or 'N:l1I to tho :ldjoining lot or :lny :lbutting right of way. If :l fence,
wall, or continuous landsc:lpe hodgo exists on the adjoining parcel, this
provision m:lY be administr:ltively waivod 'Nhore S:lid request h:ls been
requested in writing.
8. When determined to be benefici:ll to the he:llth, s:lfety, :lnd welf:lre of the
public, the County M:ln:lger or designee m:lY :lppro'.'e on administr:ltive
v:lri:lnce from height limit:ltions of fences :lnd 'N:llls in :lll districts pro'/ided
that at le:lst one (1) he:llth, s:lfety, or welfare st:lnd:lrd poculiar to the
property is identified, :lnd th:lt such :lppro'lal does not set an unw:lntod
precedent by :lddressing 0 generic problem more properly corrected by
:In amendment to this Code.
9. Existing ground love Is sh:lll not be :lltered for the purpose of increasing
the height of a proposed wall or fence except :lS provided for within
section 6.03.02 A.a. and 4.06.00.
B. Fence height me:lsurement for :lll districts. The height of :l fence or w:l1I located
outside of the building line sh:lll be me:lsured from the ground level :It the fence
location. However, if tho County Man:lger or designee determines that ground
levels h:lve been :lltered so :lS to provide for :l higher fence, the County M:ln:lger
or designee sholl determine the ground level for the purposes of measuring tho
fence height. In determining whether the ground level has been :lltered for the
purposes of increasing the height of the fence, the County M:lnager or designee
m:lY consider, but is not limited to, the following f:1cts:
1 . Gener:ll ground elev:ltion of the ontiro lot.
2. In tho C:lse of :l lot with v:lrying ground elov:ltions, the :l'ler:lge elo\':ltion
over the length of the fence, and :It points in the vicinity of the fence.
3. The ground elevation on both sides of the fence. In me:lsuring the fence
height, the ground ele'Jation on the side of the fence location th:lt is :It the
lowest elev:ltion sh:lll be used :lS 0 point from INhich the fence height is to
be measured.
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O.
E.
'1. Fences or '.'I311s Sh311 be permitted prinsipal uses; however, 3 fence or
'N311 sh311 not, in 3ny 'N3Y, constitute 3 use or structure, which permits,
requires, 3nd/or provides for 3ny 3ccessory uses 3nd/or structures.
C.
Resi~enti31 zoning districts. For the purposes of thi~/section, reside~e~ d~:~s
:~~~~~clude: RSF, RMF 6, RMF 12, RMF 16, RT, .R, MH, and TT~~.;d~~~'ig
districts, 3nd the residential Increments of PUO zoning districts. Fenc AI I s
pl3ced 'l:ithin required Y3rds shall be subject to the following:
1. Fences or w::lIls on lots gre3ter than one (1) acre in 3rea may reach a
maximum height of six (6) feet; except for public utility ancillary systems,
for which the 3110w3ble height is eight (8) feet.
2. For non waterfront interior lots one (1) 3cre or less in 3re3, fences or
walls m3Y reach a m3ximum height of six (6) feet for side and re3r yards,
but are limited to four (1) feet within the required front yard, except f-or
public utility 3ncil13ry systems for which the 3110\'.':lble height is eight (8)
feet in 311 Y3rds.
3. For v:3terfront lots one (1) 3cre or less in 3rea, height limits 3re 3S for
non w3terfront lots, but '/lith the 3ddition31 restriction th3t fences or w311s
within the required re:lr yard 3re limited to four (1) f-eet.
"I. For corner lots one (1) 3cre or less in are3, 'A'hich by definition have only
front Y3rds 3nd side yards, fences within required front Y3rds 3re limited
to four (1) feet in height, with the exception th3t any portion of a front yard
fence within the s3f-e sight tri3ngle described in section 6.06.05 of this
Code is restricted to three (3) feet in height. (Two (2) sides of this triangle
extend thirty (30) feet 310ng the property lines from the point where the
right of way lines meet, 3nd the third side is a line connecting the other
two (2).) Fences within required side Y3rds m3Y re3ch six (6) feet in
height.
5. B3rbed wire, r3zor wire, spire tips, sharp objects, or electrically charged
fences sh311 be prohibited, except th3t the Board of Zoning !\ppeals m3Y
alloy: the use of barbed wire in conjunction with chain link fencing for
facilities where a security hazard m3Y exist, such as a utility subsbtion,
se'/Iage tre:ltment pl3nt, or simil3r use.
~,gricultu,:1 districts. For the ~urpo~e~ of this section, 3gricultu~31. dist~i~~S :~~I
Include: ", E, 3nd CON zoning districts. Fences and w311s ,^,Ithl';,,~ t~~UI I
districts Sh311 be exempt from height 3nd type of construction require n.
Commercbl 3nd industrial districts.
1. Industr;31 Districts [Non residential de'Jelopment]. Fences or walls in
industri:ll districts not subject to section 5.05.08 sh311 be limited to eight
(8) f-eet in height.
2. Wheno'/er a nonresidenti31 development lies contiguous to or opposite 3
residentially zoned district, s3id nonresidenti31 development sh311 provide
Page 108 of 194
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a m::usonry '.vall or pref::1bricated concrete '1.'011 and/or fence.
3. If located on a contiguous property, the wall and/or fence shall be a
minimum of six (6) feet and a maximum of eight (8) feet in height and
shall be located a minimum of six (6) feet from the residentially zoned
district.
-1. If located on a property opposite a residentially zoned district but fronting
on a local street, or the properties are separated by a platted alley, the
wall and/or fence shall be located a minimum of three (3) feet from the
rear of the right of 'Nay landscape buffer line and shall be four (1) feet in
height.
5. On properties which front on more than one (1) street, a six (6) foot high
wall and/or fence shall be required along the street which is opposite the
primary ingress and egress point of the project along the street frontage
which is adjacent to the rear of the project.
F. At the applicant's request, the County Manager or designee may determine that
a masonry .....011 and/or fence is not warranted, particubrly where the local street
lies contiguous to the rear of a residence or some other physical separation
exists bet\veen the residential development and the nonresidential development,
or for other good cause including the existence of a wall on an adjacent
residential development. The applicant shall demonstrate that the intent of this
section can be effectively accomplished, without constructing a '11011, by
submitting for approval an alternative design and 3 descripti'./e narrati'Je through
the administrati'Je variance process set forth in subsection 5.03.02(.'\)(8) of this
Code. The County Manager or designee shall revie'l.' the submitted documents
for consistency with the intent of this section and, if the administrative variance is
approved, the appro'./al and its basis shall be stated in the site development plan
approval letter.
G. Vegetative plantings shall be located external to the wall and/or fence such that
fifty (50) percent of the wall and/or fence is screened within one (1) year of the
installation of said vegetative material. J\n irrigation system shall be installed to
ensure the continued 'liability of the vegetative screen.
H. These regubtions shall not be construed to require a masonry '1.'all and/or f-once
for commercial development fronting on an arterial or collector road....'ay where
the opposite side of such road'Nay is zoned residential or to be otherv.'ise
inconsistent '.vith the provisions of section 5.05.08(8) of this Code.
I. .^, wall and/or fence shall be constructed following site pbn approval but prior to
any vertical construction or any other type of improvement resulting from the
issuance of a building permit. Special circumstances may warrant constructing
the wall and/or fence in phases depending upon the location of affected
residential areas and after vertical construction commences.
A. Fences or walls shall be permitted principal uses in all districts, subiect to the
restrictions set forth in this section. unless specifically exempted: however. a
Page 109 of 194
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fence or wall shall not. in any way, constitute a use or structure, which permits,
requires, and/or provides for any accessory uses and/or structures.
.!2:. A fence or wall may be located on a lot line, but no fence or wall (includino
foundation) shall protrude in full or part on adiacent property or riaht-of-wav.
C. Residential (RSF, RMF, RT, VR. MH) and TTRVC zonino districts and
desionated residential components of PUOs shall be subiect to the followino
maximum fence and wall heiohts:
a. Required front yard
i. lots oreater than 1 acre: 6 feet
ii. non-waterfront interior lots 1 acre or less: 4 feet
iii. waterfront lots 1 acre or less: 4 feet
iv. corner lots 1 acre or less: fences closer than 10 feet to the
lonoest lot line frontaoe of a corner lot. 4 feet: when placed at
10 feet or oreater from the lonoest lot line frontaoe, than 6 feet.
b. Required side and/or rear vard(s)
i. lots oreater than 1 acre: 6 feet
ii. non-waterfront interior lots 1 acre or less: 6 feet
iii. waterfront lots 1 acre or less: 6 feet side vard(s): 4 feet in rear
yards
iv. Public Utilitv Ancillary Systems: 8 feet
v. corner lots 1 acre or less: 4 feet (there is no rear yard on a
corner lot)
O. Commercial and Industrial zonino districts, excludino the TTRVC zonino district:
Business Park zonino districts: and desionated commercial. industrial and
business park components of PUOs shall be subiect to the followino maximum
fence and wall heiohts:
1. Fences or walls shall be limited to a maximum heioht of 8 feet.
L. The County Manaoer or desionee may approve an administrative
variance from the heioht limitations of fences and walls in commercial and
industrial zonina districts provided that at least one (1) health, safety, or
welfare hazard peculiar to the propertv is identified, and that such
approval does not address a aeneric problem more properly corrected by
an amendment to this Code.
~ Aoricultural and Conservation zonino districts
Page 110 of 194
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1. Fences and walls within aoricultural districts shall be exempt from heioht and
type of construction.
F. Fence and wall desion standards in all districts
.L Measurement of fence or wall heioht
a. Existino oround levels shall not be altered for the purpose of
increasino the heioht of a proposed fence or wall except as
provided for in this section and section 4.06.00.
!L Oetermination of oround level. The heioht of a fence or wall shall
be measured from the oround level at the fence or wall location.
The County Manaoer or desionee shall determine the oround level
for the purposes of measurino the heioht when it has been
determined that the oround level has been altered for the
purposes of increasino the heioht. In such determinations, the
County Manaoer or desionee may consider, but is not limited to,
the followino facts:
i. General oround elevation of the entire lot.
ii. In the case of a lot with varyino oround elevations, the
averaoe elevation over the lenoth of the fence or wall and
at points in the vicinity of the fence or wall.
c. The oround elevation on both sides of the fence or wall. In
measurino the heioht. the oround elevation on the side of the
fence or wall location that is at the lowest elevation shall be used
as a point from which the heioht is to be measured.
2. Fences and walls shall be constructed of conventional buildina materials
such as, but not limited to, precast concrete, composite fencino materials,
concrete masonry, brick, wood, decorative iron or steel. wire or chain link,
as specified herein.
3. Fences and walls shall be constructed and maintained in a manner as to
not create a safety hazard or a public nuisance.
4. Safe Oistance Sioht Trianole
~ A safe distance sioht trianole shall be maintained where any
property abuts the intersection of 2 riahts-of-wav (see subsection
6.06.05 C.). The trianQle is created from the point of intersection
and extends parallel to the abuttina riahts of way for a distance
of 30 feet. connected bv a line to create the 3rd side . Anv portion
of a front yard fence or wall within this trianole is restricted to a
heioht of 3 feet. (See Fioure 5.03.02 FA).
Page III of ) 94
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CLEAR AREA FOR
SIGHT DISTANCE
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LOCAL ROADWAY IN SUBDIVISION
Fioure 5.03.02 FA
5. Fences and walls shall be constructed to present a finished side of the
fence or wall to the adioinino lot or any abuttina riaht-of-wav.
~ If a fence, wall, or continuous landscape hedoe exists on the
adioinino Darcel, this provision may be administratively waived by
filino the appropriate application for consideration by the County
Manaoer or desionee.
b. Barbed wire, razor wire. spire tips, sharp obiects, or electronically
charoed fences are prohibited. except that the County Manaoer or
desionee may allow the use of barbed wire in coni unction with a
fence for facilities where a security hazard may exist. such as a
utility substation, sewaoe treatment plant. or similar use.
G. Supplemental Standards
~ Fences on sites with structures which are subiect to section 5.05.08
Architectural & Site Oesion Standards must comply with the followino
additional standards:
~ Chain link (includino wire mesh) and wood fences are prohibited
forward of the primary facade and shall be a minimum of 100 feet
from a public riaht-of-wav. If these types of fences face a public
or private street then they shall be screened with an irrioated
Page 112 of 194
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hedoe planted directly in front of the fence on the street side.
Plant material shall be a minimum of 3 oallons in size and planted
no more than 3 feet on center at time of installation. This plant
material must be maintained at no less than three-Quarters of the
heioht of the adiacent fence (See Illustration 5.03.02 A.1.a. - 1 ).
Q." Fences forward of the primary facade, excludino chain link, wire
mesh and wood are permitted under the followino conditions:
i. Fences shall not exceed 4 feet in heioht.
ii. The fence provides either an open view at a minimum of
25 percent of its lenoth or provides variation in its heioht for
a minimum of 15 percent of its lenoth with a deviation of at
least 12 inches.
Hi. The fence style must complement buildina style throuoh
material. color and desion.
2. Use of chain link or wire mesh fencino (the requirements of this section
are not applicable to sinole family dwellinos):
a. If located adiacent to an arterial or collector road in the urban
coastal area, the fence shall be placed no closer than three feet to
the edoe of the riaht-of-way or property line.
b. The fence shall be screened by an irrioated, livino plant hedoe at
least thirty (30) inches in heioht at plantino and spaced a distance
apart that will achieve opacity of 80 percent sioht-obscurino
screen within one year of plantino.
3. Barbed wire is only authorized within aoricultural. commercial. industrial
districts and on fences surroundino public utility ancillary systems in
all districts. Razor or concertina wire is not permitted except in the case of
an institution whose purpose is to incarcerate individuals, i.e., a iail or
penitentiary, or by application and decision by the County Manaoer or
desionee.
ti. Wall requirement between residential and nonresidential development
Whenever a nonresidential development lies contiouous to or opposite a
residentially zoned district. a masonry wall, concrete or pre-fabricated concrete
wall and/or fence shall be constructed on the nonresidential property consistent
with the followino standards.
.1. Heioht and Location.
~ If located on a contiouous property, then heioht shall be 6 feet to 8
feet and placement shall be no less than 6 feet from the
residentially zoned district.
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b. If located on a property opposite a residentially zoned district but
frontino on a local street or roadway, or the properties are
separated by a platted alley, then heioht shall be 4 feet and
placement shall be a minimum of 3 feet from the rear of the riaht-
of-way landscape buffer line.
~ If a property fronts on more than 1 street. then heioht shall be 6
feet and placement shall be required alono the street which is
opposite the primary inoress and eoress point of the proiect alono
the street frontaae which is adiacent to the rear of the proiect.
d. These reoulations shall not be construed to require a masonry
wall and/or fence for properties used as oolf courses or preserve
areas and non-residential development frontino on an arterial or
collector roadway where the opposite side of such roadway is
zoned residential or to be otherwise inconsistent with the
provisions of section 5.05.08(B) of this Code.
~ Landscapino requirements.
a. When the placement is within the required landscape buffers,
then the required veoetative plantinos and irrioation for the buffer
shall be located on the external side such that 50 percent of the
wall and/or fence is screened within 1 year of the installation of the
veoetative material.
b. When the placement is outside of a required landscape buffer.
then the wall and/or fence shall be screened with an abuttina,
continuous irrioated hedoe on the external side such that 50
percent of the wall and/or fence is screened within 1 year of the
installation of the veoetative material.
3. Timino of installation.
a. The wall and/or fence shall be constructed followino site plan
approval but prior to the occurrence of any vertical construction or
other site improvements. At the County Manaoer or desionee's
discretion, if site conditions warrant. the wall may be constructed
in phases and/or after vertical construction or site improvements
commence, dependino upon the location of affected residential
areas.
4. Oeviation from wall requirement.
~ At the applicant's request. the County Manaoer or desionee may
determine that a masonrv wall and/or fence is not warranted.
particularly where the local street lies contiouous to the rear of a
residence or some other physical separation exists between the
residential development and the nonresidential development. or
for other oood cause includino the existence of a wall on an
adiacent residential development. The applicant shall
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demonstrate that the intent of this section can be effectively
accomplished, without constructino a wall. by submittino for
approval of an alternative desion and a descriptive narrative
throuoh the administrative variance process set forth in subsection
5.03.02 B.2.b. of this Code. The County Manaoer or desionee
shall review the submitted documents for consistency with the
intent of this section and, if the administrative variance is
approved, the approval and its basis shall be noted on the site
development plan and the administrative variance approval letter.
1. Special fences and walls
.1. Sound Walls
~ Sound walls erected by, or at the direction of, any oovernment
entity for purposes of attenuatino sound from an interstate,
collector or arterial roadway shall be exempt from heioht
restrictions.
b Public utility ancillary facilities.
a. See subsection 5.05.12.
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SUBSECTION 3.DD. AMENDMENTS TO SECTION 5.04.01 GENERALLY (TO BE
PROVIDED)
Section 5.04.01 Generally (To Be Provided), of Ordinance 04-41, as amended, the Collier County
Land Development Code, is hereby amended to read as follows:
5.04.01 Generally (To 8e Provided) Temporary Use Permits.
A. Pumose and intent. Based upon the nature of some uses, their impact on
adiacent uses, their compatibility with surroundino properties, and the lenoth of
time a use is intended to function, there is an identified need to allow certain
temporary uses within a development site. and to provide for other types of
temporary uses such as special events, sales and promotions. It is the intent of
this section to classify temporary uses and to provide for their permittino.
B. General. The County Manaoer or desionee may orant a temporary use permit
for requests that demonstrate compliance with the intent of this section and
Chapter 5 of the Code. Approvals for such requests shall be based upon, but not
limited to. the applicant's description of the temporary use, the intended duration
of the use, hours of operation and the impacts of the proposed temporarv use on
adiacent properties.
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SUBSECTION 3.EE. AMENDMENTS TO SECTION 5.04.04 MODEL HOMES AND MODEL
SALES CENTERS
Section 5.04.04 Model Homes and Model Sales Centers, of Ordinance 04-41, as amended, the
Collier County Land Development Code, is hereby amended to read as follows:
5.04.04
Model Homes and Model Sales Centers
A. Model homes and model sales centers are intended to facilitate the sale of the
model design or of products similar in design to the model. Model homes and
model sales centers shall be of a temporary nature and may be allowed in the
following zoning districts:
1. Any residential zoning district or residential component of a PUO, in the
estates zoning district, and in the agricultural zoning district as part of a
fHfat subdivision, by the issuance of a temporary use permit.
2. However, a model center as a permitted use within a PUO, and not
located within a dwelling unit or a temporary structure, such as a trailer,
shall not require a temporary use permit.
B. Model homes and model sales centers located within residential zoning districts,
Gf wftffiR. a residential component of a PUO, the estates (E) zonino district. or the
aoricultural (A) zonino district. shall be restricted to the promotion of a product or
products permitted within the residential zoning district or PUO in which the model
home or model sales center is located and further subject to the following:
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SUBSECTION 3.FF. AMENDMENTS TO SECTION 5.04.05 TEMPORARY EVENTS
Section 5.04,05 Temporary Events, of Ordinance 04-41, as amended, the Collier County Land
Development Code, is hereby amended to read as follows:
5.04.05 Temporary Events
A. Tempor::lry S::lles. Special Events.
1 . Sales and Promotional Events.
1.
a.
In tho case of A temporary use permit is required for temporary
sales and/or promotional events on non-residential propertv, such
as grand openings, going out of business sales, special
promotional sales, sidewalk sales, overstock sales, tent sales, or
other similar uses (exclusive of g::lrage sales, I::1vo'n silles, ::lnd
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simil:lr pri'.':lte home sales), the County M:lnager or designee m:lY
grant nonrene':J:lble permits for sales and promotional events
related to the principal activities in operation at the subiect
property, unless otherwise provided for in this section. of up to
fourteen (11) d:lYs dur:ltion, such that during any c:llend:lr ye:lr
the sum tot:ll of :lll permits for such events f.or that location does
not exceed twenty eight (28) days. A multi ten:lnt building of ten
(10) or more businesses with :lnnu:l1 leases m:lY utilize a
m:lximum of forty two (12) days per calend:lr ye:lr for tempor:lry
s:lles. Tempor:lry use permits may be permitted for up to ::m
additional four (1) weeks when :lppro\'ed by the BCC. Such
speci31 approv:l1 shall be subject to stipul3tions or :ldditional
constraints deemed necess:lry :lnd :lppropri:lte to the request.
Such stipulations or constr:lints deemed necess:lry by the BCC
sh:lll be noted :lS conditions to the issu:lnce of said permits, and
the permittee sh:lll be required to sign a not:lrized :lgreement to
said stipul:ltions or constr:lints.
b. A temporary use permit for sales or promotional events shall meet
the procedural requirements of Section 10.02.06 G.
2.
c.
Temporary sales permits m:lY, in support of the use being
permitted, include the placement of one (1) sign, :l maximum of
thirty two (32) square feet, or two (2) such signs for properties
cont:lining more than one (1) street frontage. In addition to the
allo'lIable signs, merchandise, temporary structures, and
equipment m3Y be pl:lced on the site. .A,II temporary structures :lnd
equipment, merch:lndise, or placement and p3rking of 'Jehicles in
conjunction with the tempor:lry s:lle, shall conform to the minimum
yard requirements of the district in which it is loc:lted. If the
temporary use is not discontinued upon expiration of the permit, it
shall be deemed a viol:ltion of this LDC :lnd shall be subject to the
penalties herein.
In support of the proposed temporary sale or event. temporary
sions, merchandise, structures, and equipment may be placed
subiect to approval of a site plan depictino same.
i. Temporarv sionaoe shall be subiect to the restrictions set
forth in section 5.04.06.
ii. All temporary structures and equipment. merchandise, or
placement and parkino of vehicles in coniunction with the
temporary sale, shall conform to the minimum yard
requirements of the zonino district in which it is located.
iii. A buildina permit may be required for the erection of
temporary structures.
3.
d.
Temporary s31es use permits for sales may be issued to the
owner(s) of a commercial establishment, or to the tenant(s)
operating within a commercial establishment with the approval of
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the property owner or property manager, provided said tenant
provides documentation of a current annual lease with the
property owner. Uses permitted by an approved temporary sales
permit shall be operated by the property owner or tenant(s),
except as provided for in sections 5.01.05(A)(5) 5.04.05 A.1.o.
and 5.04.05(.4.)(6) 5.04.05 A.1.h. below.
4.
Temporary--sale& use permits for sales shall be restricted to those
zoning districts in which the sale of the items would normally be
permitted. Further, the sales activity permitted by the temporary
use permit shall be related to the principal commercial activities in
operation on the subject property, except as provided for in
subsections 5.01.05(A)(5) 5.04.05 A.1.o. and 5.04.05(A)(5)
5.04.05 A.1.h. below. The issuance of a temporary use permit
shall not be issued for undeveloped properties.
e.
f. Special event temporary use permits shall not be issued for
undeveloped properties. with exception to pre-construction oround
breakino events with a valid development order.
5.
The County Manager or designee may issue temporary use
permits for satellite locations subject to the applicable restrictions
set forth in this section, provided the applicant currently operates
a business from a permanent, approved commercial location
within the County. Additionally, the purpose of the temporary sale
shall be the same as the principal purpose of the existing
commercial business of the applicant.
o.
6.
h.
The County Manger Manaoer or designee may, in determining a
specific benefit to the public, grant a temporary use permit to
facilitate the sale of an item or items not generally available within
a specific planning community, subject to the applicable
restrictions set forth in this section.
7. A temporary sales permit shall meet the procedural requirements of
Chapter 10. The applicant shall demonstrate that provision '....ill be made
to adequately address each of the following:
a. Vehicular and pedestrian traffic measures.
b. Additional p3rking requirements. A maximum of ten (10) percent
of the parking required by section 1.04.00 of this Code may be
occupied or otherwise rendered unusable by the placement of
temporary structures, equipment, signs, and merchandise. The
minimum required number of handicapped spaces pursuant to
section 4.01.00 shall rem3in 3'Jailable for usage.
c. Limited activity hours.
d. Watchmen, fencing, and lighting.
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f. Sanitary facilities.
g. If required, a faithful performance bond to guarantee compliance
'....ith the conditions of this permit.
8. G:Jmge s:J.'es: In the case of garage sales, lawn sales, and other similar
temporary sales to be held at private homes, churches and other places
of worship, community oenters, or other nonprofit residentially zoned
institutions, the County Manager or designee may issue one (1) two (2)
Lday permit for such events during each six (6) Q. month period. Suoh
permit may include the use of temporary signs located on the property
'Nhere the sale is being held, limited to a maximum of two (2) ~ signs, no
greater than four (1) .1 square feet each. No signs shall be plaoed in any
public rights of way. If the temporary use is not discontinued upon
expiration of the permit, it shall be considered a violation of this LOC and
shall be subject to the penalties herein.
2. SIJorts. reliaious. and community events.
a. A temporary use permit is required for sports. relioious,
community, or other similar events sponsored by profit. nonprofit.
charitable, civil. or membership oroanizations. on lands not
specifically developed and approved for such activities on a
reoular basis. The County Manaoer or desionee may orant a
nonrenewable temporary use permit of UP to 14 days duration for
such events.
b. Temporary use permits of this type may. in support of the use
beino permitted. include the placement of temporary sions,
merchandise, structures and equipment. and a mobile home as
an office. but not for residency.
i. Temporary sionaoe shall be subiect to the restrictions set
forth in section 5.04.06.
ii. A buildino permit may be required for the placement and/or
erection of temporary structures.
c. Temporary use permits in this cateoory shall be restricted to those
zonino districts in which the use would normally be permitted,
unless otherwise approved by the Board of County
Commissioners via a public petition request.
d. The County Manager or desionee shall accept. without fee.
temporary use permit applications for sports. relioious, community.
or other similar events, upon presentation of documentation that
the sponsor of the event is a bona fide nonprofit oroanization and
the event is intended to benefit the community at laroe or a
specific oroup of individuals. Two such events per calendar year
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per oroanization are elioible for this permit.
3. Special Event time limits.
a. The County Manaoer or desionee may orant nonrenewable
temporary use permits of UP to 14 days duration, such that durino
any calendar year the sum total duration of all permits for such
events for that location does not exceed 28 days.
b. For multiple occupancy parcels with 10 or more tenants the total
duration of all such permits shall not exceed 42 days per calendar
year.
c. Temporary use permits for special events may be extended UP to
an additional 4 weeks when approved by the Board of County
Commissioners. Such approval may be subiect to stipulations and
additional constraints which shall be noted as conditions of the
permit and the permittee will be required to sion a notarized
aoreement to abide by such conditions.
B. Temporary seasonal sales. A nonrenewable fi.ve.-t51 week temporary use permit
may be issued for seasonal and holiday related temporary sales subject to the
following restrictions.
1. Temporary use permits for seasonal sales may be issued-.m:l!Y for the
following seasonal/holiday related items:
a. Christmas trees.
b. Fireworks (subject to the issuance of an approved permit by the
jurisdictional fire district).
c. Pumpkins.
2. Temporary use permits for seasonal sales may be issued on improved or
unimproved properties.:. , provided the applicant submits a CSP which
demonstr:::ltes that provisions 'Nill be made to :::Idequ:::ltely :::Iddress each of
the following:
a. Vehicul:::lr and pedestri:::ln tr:::lffic s:::lfety me:::lsures.
b. Adequ:::lte on site, or :::Iddition:::ll off site p:::lrking :::Ireas for
unimproved properties. ^ maximum of ten (10) percent of the
parking required by section 4.01.00 of this Code m:::lY be occupied
or otherwise rendered unusable by the placement of temporary
struGtures, equipment, signs, :::Ind merchandise. The minimum
required number of handic:::lpped parking sp:::lces pursuant to
section 4.04.00 shall rem:::lin :::I'lailable for usage.
c. Limited :::Ictivity hours.
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d. W::ltchmen, fencing, and lighting.
e. Fire protection me::lsures.
f. Sanit::ll)' facilities.
3. The applicant shall provide a notarized letter from the property owner or
property manager granting permission to utilize the subject property for
the temporary seasonal sales.
4. Temporary use permits for seasonal and/or holiday sales may, in support
of the use being permitted, include the placement of one (1) sign, 3
m::lximum of thirty (32) squ::lre feet, or two (2) such signs for properties
cont::lining more th::ln one (1) street frontage In ::lddition to the pl::lcement
ef-signs, merchandise, temporary structures, and equipment m::lY be
pbced on the site. If the tempor::ll)' use is not discontinued upon
expir::ltion of the permit, it sh::lll be deemed ::l violation of this Code ::lnd
sh::lll be subject to the penalties herein.
i. Temporarv sionaoe is subiect to the restrictions set forth in
subsection 5.04.06 A & B.
ii. A buildino permit may be required for the erection of temporary
structures.
C. Garaqe sales: In the case of oaraoe sales, lawn sales. and other similar
temporary sales to be held at private homes, churches and other places of
worship, community centers, or other nonprofit residentially zoned institutions,
the County Manaoer or desionee may issue one 2-day permit for such events
durino each 6 month period.
O. Temporary Uses, not elsewhere classified. At the direction of the BCC. the
County may, from time to time, be called upon to allow certain uses for specific
periods of time. After public hearino, the County Manaoer or desionee may issue
a Temporarv Use Permit upon receipt of satisfactory evidence that all stipulations
and/or requirements have been satisfied.
1 . Bona fide 4-H Youth Oevelopment Proorams. A non-renewable 16 week
permit may be issued to allow for the keepino of UP to 2 hoos, on Estates
zoned property of 1.25 acres or oreater, in preparation for showino and
sale at the annual Collier County Fair.
a. Pastures shall be fenced and maintained. Any roofed structure
used for the shelterinQ, feedinQ, or confinement of such animals
shall be setback a minimum of 30 feet from lot lines and a
minimum of 100 feet from any residence on an adiacent parcel of
land.
b. Structures, as described above. shall be maintained in a clean,
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healthful. and sanitary condition.
c. Once removed for showino and/or sale, the hoo(s) shall not be
returned to the property.
d. This permit may be revoked with cause.
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SUBSECTION 3.GG. AMENDMENTS TO SECTION 5.04.06 TEMPORARY SIGNS
Section 5,04.06 Temporary Signs, of Ordinance 04-41, as amended, the Collier County Land
Development Code, is hereby amended to read as follows:
5.04.06 Temporary Signs
A. Reserved
A. A temporary use permit is required for the placement of any temporary oround
sion, snipe sion, or banner that is not otherwise lawfully permitted. Temporarv
sions shall be allowed subiect to the restrictions imposed by this section.
1. The County Manaoer or desionee may issue temporary sion permits,
classified by use, as necessary to adequately address each of the
temporary sions described within this section. For each permit type the
nonrefundable fee shall be as established in the fee schedule for the
services performed by the Growth Manaoement Oivision.
2. Temporarv sions and banners shall not be erected prior to obtainino the
appropriate temporary use permit. and shall be removed on or before the
expiration date of the temporary use permit authorizino said sion.
3. Standards applicable to all temporary sions.
a. Temporarv sions and banners permitted by authority of this
section shall not be placed within any public right-of-way.
i. Sion placement shall not obstruct or impair the safe
visibility, inoress, or eoress of pedestrians and motorists.
b. The occupant of a lot, parcel, multi-tenant parcel or mixed use
building, may display 1 on-site temporary sion: a second such
sion may be displayed on a property havino a second street
frontage.
c. Absent specific standards to the contrary, temporary sians shall
be located onsite and no closer than 10 feet to any property line.
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d. Temporary sions and banners used on nonresidential or mixed
use properties shall not exceed 32 square feet in sion area or 8
feet in heioht.
e. Temporary sions used on residentially zoned properties shall not
exceed 4 square feet in area or 3 feet in heioht.
B. Temporary Sign Permit Types and Standards.
1. Temporary Events. A temporary use permit for a temporary event, issued
per section 5.04.05., shall allow for the placement of temporary signage
as classified and regulated herein.
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c. Seasonal sales sians.
d. Garaae sales sians. Two temporary sions may be placed on the
property where the sale is beino conducted.
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4. Reserved Tem/Jorary business identification sians. A temporary use
permit allowino for the temporary placement of a sion solely for the
purpose of displayino a business name for an existino business
underooino a permitted renovation. remodel. or repair that would require
the temporary removal of an existino leoally conformino sion.
a. As applied in this section. the sion must be constructed of wood.
plastic, or other similar material. may not be a banner sion. and is
limited to 16 square feet.
b. If placed in a shoppina center or multiple occupancy buildina.
the temporary sion for each business must be of similar color,
letterino. and style.
c. The sion may be affixed to the buildina or free-standino in front of
the buildina so lono as the sion does not obstruct or interfere with
pedestrian or vehicular traffic. parkino or fire lanes. or access to
adiacent units.
d. The sion may remain in place for no lonoer than 120 days. until
construction has been completed, or a permanent sion is installed,
whichever occurs first.
5. Reserved Tem/Jorary sian covers. A non-renewable temporary use
permit is required to erect a temporary sion cover over an existin~ sion
unless otherwise provided herein. Temporary sions shall be allowed
subiect to the restrictions imposed by this section.
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a. A sion cover made from white vinyl or canvas may be authorized
for an existino oround or pole sion for 120 days, or when the
permanent sion is installed, whichever occurs first. after which
time the cover shall be removed, reoardless of whether or not the
sion face has been replaced.
6.
Election and Referendum signs. Signs for elections and referendums
shall be permitted subject to the following requirements:
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e. In all other zoning districts, such signs shall not exceed a
maximum sign area of 32 square feet per sign and 8 feet in
heioht. except when affixed to the surface of a buildinQ wall, and
shall be located no closer than 10 feet to any property line. The
quantity of such signs shall be limited to 1 sign for each lot or
parcel per bulk permit issued.
i. In addition to ::1 bulk tempor::1ry use permit, ::1 building
permit sh::111 be required for each inst::1l1ed sign.
ii. 1\11 supports sh::111 be securely built, constructed. and
erected to conform to the requirements of the Florida
Building Code
iii. The m::1ximum height of ::1ny sign or poster shall be limited
to 8 feet, except f-or signs affixed to the surf3ce of a
building wall.
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SUBSECTION 3.HH. AMENDMENTS TO SECTION 5.04.07 ANNUAL BEACH EVENTS
PERMITS
Section 5.04.07 Annual Beach Events Permits, of Ordinance 04-41, as amended, the Collier
County Land Development Code, is hereby amended to read as follows:
5.04.07 Annual Beach Events Permits
A. The owner of beach-front commercial hotel-resort property shall apply for an
annual beach events permit. The County Manager or Ris designee, or his
designee, may grant the permit following review of an application for such permit.
The application shall be submitted on the form prescribed by Collier County
together with the applicable fee for the number of planned annual beach events
as indicated on the permit form and exhibits thereto. Permits issued pursuant to
this section are not intended to authorize any violation of F. S. 9 370.12, or any of
the provisions of the Endangered Species Act of 1973, as it may be amended.
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E. Sea turtle nesting season. Annual beach events which occur during sea turtle
nesting season (May 1 st through October 31 st of each year) are also subject to
the following regulations:
1. All required Florida Oepartment of Environmental Protection (FOEP) field
permits, shall be obtained and a copy furnished to Collier County prior to
the time of the scheduled event as set forth in section 5.04.06(C)
5.04.07 C.
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7. Identification of sea turtle nests on the beach may cause the beach event
to be relocated from its planned location or to have additional reasonable
limitations placed on the event pursuant to the recommendation of Collier
County staff in order to protect the identified sea turtle nests in this permit;
except that county staff may relocate a staging area as provided for in
section 5.04.06 5.04.07, as part of its daily sea turtle monitoring.
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SUBSECTION 3.11.
ADDING SECTION 5.04.08 RESERVED
Section 5.04.08 Reserved, of Ordinance 04-41, as amended, the Collier County Land
Development Code, is hereby added to read as follows:
5.04.08 [Reservedl
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SUBSECTION 3.JJ. AMENDMENTS TO SECTION 5.05.05 AUTOMOBILE SERVICE
STATIONS
Section 5.05.05 Automobile Service Stations, of Ordinance 04-41, as amended, the Collier
County Land Development Code, is hereby amended to read as follows:
5.05.05 Automobile Service Stations
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B. Table of site design requirements:
I Site
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Standards
Minimum lot area (sq. ft.) 30,000
Minimum lot width (ft.) 150
Minimum lot depth (ft.) 180
Separation from adjacent automobile service stations (ft.) (based on 500
distance between nearest points)
Minimum setbacks, all structures:
Front yard 50
Side yard 40
Rear yard 40
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P. Exceptions
1. The site desion standards set forth in 5.05.05 B. (table) shall not apply to,
nor render non-conformino, any existino automobile service station or
any automobile service station within a PUO in which a specific
architectural renderino and site plan was approved as part of a rezonina
action prior to July 5, 1998.
2. The site desion standards set forth in 5.05.05 F. - M. or any other
applicable development standard shall apply to existino automobile
service stations pursuant to the provisions of 9.03.00 Nonconformities,
and all other applicable sections of the Land Oevelopment Code.
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SUBSECTION 3.KK. AMENDMENTS TO SECTION 5.05.10 TRAVEL TRAILER AND
RECREATIONAL VEHICLE PARK DESIGN STANDARDS
Section 5.05.10 Travel Trailer and Recreational Vehicle Park Design Standards, of Ordinance 04-
41, as amended, the Collier County Land Development Code, is hereby amended to read as
follows:
5.05.10 Travel Trailer and Recreational Vehicle Park Design Standards
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C. Required facilities for campsites and TTRV lots.
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+G-:- Accessery uses.
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a-,. Enclosed utility/storage area of the same siding material and
architectural style 3S th3t of the associated recreational vehicles,
not to exceed an area of sixty (60) square feet.
e., Any utility/storage area shall be located adjacent to its associated
recreational vehicle and made a continuous part of a screened
in porch '.\'here such a porch is attached to the vehicle as herein
provided. Where utility/storage areas are made a continuous part
of a screened in porch, the area of the utility/storage area may not
exceed 25 percent of the area of the screened in porch or 120
square feet, whichever lesser. The County Manager or his
designee may administratively approve an exception to
accessory structure size limitation where such exception is
necessary to allo'.'{ for accessibility, in accordance with the
specifications set forth in Section -1 of the Americans 'Nith
Oisabilities Act (AOA), to accommodate a physically handicapped
individu31.
G:- For recreational \'ehicles fixed by a permanent anchoring
system, a screened in porch ele':ated or at ground level '.\'ith a
solid roof structure, architecturally compatible with its associated
recreational ...ehicle, not to exceed an area equal to the area of
the recreational 'Jehicle to which it is attached. Said screened in
porch Sh311 provide for any site utility/storage space requirements
as herein provided and shall not contain any other interior walls.
All such screened enclosures must be permitted and constructed
according to this Code and applicable building codes. Exterior
walls may be enclosed with screen, gl:Jss or vinyl windo'lIs, except
that the storage area shall be enclosed v:ith the same material as
the principal unit.
G:- Campgrounds containing 100 spaces or more sholl be permitted a
convenience commercial facility no greater than 15,000 square
feet in total land area. This facility shall pro':ide for the exclusive
sale of convenience items to park patrons only, and shall present
no visible evidence of their commercial character, including
signage and lighting, from any public or private street or right of
'1!.'ay oxternal to the park.
4-1-:- Conditional uses Camping cabins subject to the follov:ing standards:
a-,. One camping cabin per approved TTRVC lot.
e., The maximum number of camping cabin lots in anyone TTRVC
park sh::lll be ten percent of the total number of ::Ipproved TTRVC
lots, not to exceed ::I total number of twenty (20) camping cabin
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G:- M::Iximum floor ::Irea of 220 square feet.
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Eh No internal water or cooking facilities.
e,. Camping cabins m3Y not be designed 3S a perm3nent residence,
however, tiedowns or other safety devices m3Y be used in order to
provide security 3g3inst high winds.
f:. Camping cabins must be constructed of n3tur31 'Hood materials
such 3S logs, redv.'ood, cedar, or cypress in order th3t it m3Y
blend harmoniously into the n3tur31 landscape ch3r3cter normally
f-ound in a TTRVC or campground setting.
~ The gener31 de':elopment standards required for the TTRVC park
Sh311 be 3pplicable to the camping cabin lots.
!:h All m3teri31s 3nd construction must be in accordance with the
Collier County building code 3nd the requirements of the
St3nd3rd 8uilding Code (SBC).
j..,. At le3st one room of the camping cabin must have 3 minimum of
150 squ3re feet of floor area.
t.- If camping cabins are to be loc3ted in 3 flood haz3rd zone as
delineated on the most recent flood insurance rate maps, 311
requirements of Section 3.02.00 of this LOC must be met.
k,. 1\ party sh311 be 3110wed a maximum length of stay of two (2)
'Neeks in 3 camping cabin.
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SUBSECTION 3.LL. ADDITION OF SECTION 6.02.09 PUBLIC SCHOOL FACILITIES
LEVEL OF SERVICE (LOS) REQUIREMENTS
Section 6.02.09 Public School Facilities Level of Service (LOS) Requirements, of Ordinance 04-
41, as amended, the Collier County Land Development Code, is hereby added to read as follows:
6.02.09 Public School Facilities Level of Service (LOS) Reauirements
A. The LOS for public school facilities varies by type of school. The LOS for
elementary and middle schools is 95 percent of the Concurrency Service Area
(CSA) Enrollment/Florida Inventory of School Houses (FISH) Capacity and
the LOS for hioh schools is 100 percent of the CSA Enrollment/FISH Capacity.
B. The LOS standard for public school facilities will be achieved and maintained if
any one of the followina is met:
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1. The necessary facilities and services are in place at the time a final site
development plan or final subdivision plat is approved; or
2. The necessary facilities and services are under construction or the contract
for such facilities and services has been awarded, accepted, and duly
executed by all parties. at the time a final site development plan or final
subdivision plat is approved; or
3. The necessary facilities and services are found in the first. second or third
year of the School Oistrict of Collier County's financially feasible Five-Year
Capital Improvement Plan, as identified in CIE Policy 4.2, and as formally
adopted by the School Board between July 1 and October 1 each year, and
as adopted by reference each year by Oecember 151, at the time a final site
development plan or final subdivision plat is approved; or
4. The necessary facilities and services are the subiect of a bindino
commitment with the developer to contribute proportionate share fundino
as provided for in Policy 2.4 of the Public School Facilities Element. if
applicable, or to construct the needed facilities.
C. The determination of public facility adequacy for school facilities shall occur only
after the School Oistrict has issued a School Capacity Availability
Determination Letter (SCADL) verifyino available capacity to serve the
development.
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SUBSECTION 3.MM. AMENDMENTS TO SECTION 6.06.05 CLEAR SIGHT DISTANCE
Section 6.06.05 Clear Sight Distance, of Ordinance 04-41, as amended, the Collier County Land
Development Code, is hereby amended to read as follows:
6.06.05 Clear Sight Distance
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E. On a corner lot in all zoning districts, no fence, wall, hedge, planting, or
structure shall be erected, planted, or allowed to grow in such a manner as to
obstruct vision between a height of 30 inches and 8 feet above the centerline
grades of the intersecting streets in the area bounded by the right-of-way lines
of such corner lots and a line joining points along said right-of-way lines 2-a-30
feet from the point of intersection. Parking is prohibited in this area. Trees are
permitted, so long as the foliage is cut away and maintained within the 30 inch
and 8 foot clearance requirement. Posts for illuminating fixtures, traffic control,
fences and street name signs are permitted, so long as the sign or equipment is
not within the prescribed clear space and the fence does not visually impede the
Page 129 of 194
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clear sight of the intersection.
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SUBSECTION 3.NN. AMENDMENTS TO CHAPTER 8 DECISION-MAKING AND
ADMINISTRATIVE BODIES
Chapter 8 Decision-Making and Administrative Bodies, of Ordinance 04-41, as amended, the
Collier County Land Development Code, is hereby amended to read as follows:
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8.03.00 Planning Commission Reserved
8.03.01 Establishment; Po\..~ers and Duties
There is hereby established a Planning Commission, which shall have the
following pO'Alers and duties:
A. To serve as the local planning agency (LPA), and the land development
regulation commission as required by S 163.3174 and 163.3194, F.S.;
B. To prepare, or cause to be prepared, the Collier County GMP, or element
or portion thereof, and to submit to the BCC an annual report
recommending amendments to such plan, element, or portion thereof;
C. To prepare, or cause to be prepared, the LOC to implement the Collier
County GMP, and to submit to the BCC an annual report recommending
amendments to the LOC;
O. To initiate, hear, consider, and make recommendations to the BCC on
applications for amendment to the text of the Collier County GMP and the
~
E. To initiate, review, hear, and make recommendations to the BCC on
applications for amendment to the future land use map of the Collier
County GMP or the official zoning atlas of the LOC;
F. To hear, consider, and make recommendations to the BCC on
applications for conditional use permits;
G. To make its special knowledge and expertise a'Jailable upon reasonable
written request and authorization of the BCC to any official, department,
board, commission, or agency of the' County, state, or federal
governments;
H. To recommend to the BCC additional or amended rules of procedure not
inconsistent 'Nith this section to govern the Planning Commissions
proceedings;
I. To perf-orm those functions, pO'.vers and duties of the Planning
Commission as set forth in chapter 67 1246, Laws of Florida,
Page 130 of 194
Words struck through are deleted, words underlined are added
incorpor3ted herein 3nd by reference made 3 p3rt hereof, 3S said chapter
h3S been or may be 3mended; 3nd
J. To consider 3nd t3ke final action regarding preliminary subdivision plots
processed pursuant to the provisions of section -1.03.00.
8.Q3.02 Membership
A. QU:J,I1fio:Jf..ions.
1. Members of the PI3nning Commission sh311 be perm3nent residents 3nd
qU31ified electors of Collier County.
2. Although no specific experience requirements shall be necessary 3S 0
prerequisite to appointment, consideration shall be given to applicants
'Nho have experience or who h3ve shown interest in the 3re3 of planning,
zoning, 3nd rebted fields. Further consider3tion in the appointment of
PI3nning Commission members sh311 be mode so 3S to provide the
PI3nning Commission with the needed technical, profession31, business,
and/or administrative expertise to accomplish the duties 3nd functions of
the Planning Commission 3S set forth in this LOC.
3. The appointment of 311 members to the Pbnning Commission sh311 be by
resolution of the BCC. In the event th3t 3ny member is no longer 3
qU31ified elector or is convicted of a felony or an offense involving moral
turpitude while in office, the BCC sholl termin3te the 3ppointment of such
person os 0 member of the Pl3nning Commission.
-1. A represent3tive of the school district, 3ppointed by the school b03rd,
sh311 serve 3S 3 non voting member of the Planning Commission unless
the BCC grants voting status to the school district represontative. The
school district member of the PI3nning Commission sh311 3ttend those
Planning Commission meetings at which GMP amendments 3nd rezoning
th3t would, if 3pproved, incre3se residential density of the. property th3t is
the subject of the application being considered.
B. AppoIntment. The PI3nning Commission Sh311 be composed of Q members to be
3ppointed by the BCC. All re3ppointments to the Pbnning Commission Sh311 be
made so as to 3chieve the follo'/Jing geographic31 distribution of membership:
1. One member: County Commission Oistrict No. -1.
2. Two members: County Commission Oistrict NO.1.
3. Two members: County Commission Oistrict NO.2.
-1. Two members: County Commission Oistrict NO.3.
5. Two members: County Commission Oistrict NO.5 (one from Immok3Iee).
6, One member: Appointed by the school district.
C. Term. E3ch 3ppointment or roappointment sholl be for 3 term of -1 years. Each
3ppointment and reappointment sh311 be m3de so that the terms of 3ny 2
members from 0 single commission district sh311 not expire in the some ye3r.
D. Re:JppoIntmont. A member may be re3ppointed by the BCC for only 1
Page 13 1 of 194
Words struck through are deleted, words underlined are added
successive term, unless there nre no other qualified npplicnnts for the member's
position. Appointments to fill any vncnncy on the Planning Commission shall be
for the remninder of the unexpired term of office.
E. Romo,;:]! from offioe.
1. Any member of the PI:mning Commission mny be removed from office by
n four fifths vete of the BCC, but such member shall be entitled to n public
hearing :md reconsiderntion of the vote if he so requests in writing within
30 days of the date on which the vote is taken.
2. If any member of the Plnnning Commission bils to nttend 2 consecutive
Planning Commission meetings without cause, the Plnnning Commission
shall decl3re the member's office vacant and the vncancy shall be filled
by the BCC.
F. Offioers. The membership of the PI:mning Commission shall elect n chnirmnn
:md 'lice chnirman from nmong the members. Officers' terms shnll be for 1 yenr,
'.'lith eligibility for reelection.
8.03.03 Quorum and Voting
The presence of 5 or more members shnll constitute n quorum of the Planning
Commission necessary to take action :md transact business. In addition, a simple
majority vote of at le:lst 5 members present and voting sh:lll be necessal)' in order to
forward a formnl recommendation of appro'/:ll, :lpprovnl with conditions, deninl, or other
recommend:ltion to the BCC.
8.03.04 Rules of Procedure
A. The PI:lnning Commission shall, by a majority vote of the entire membership,
:ldopt rules of procedure for the transaction of business, and shall keep :l record
of meetings, resolutions, findings, and determinations. The PI:lnning Commission
may provide f-or trnnscription of such he:lrings :lnd proceedings, or portions of
hearings and proceedings, as may be deemed necessary.
B. The Planning Commission may, from time to time, adopt :lnd :lmend bylaws :lnd
rules of procedure not inconsistent with the provisions of these regul:ltions. Such
proposed rules of procedure sh:lll be considered as if they were :lmendments to
this LOC.
8.03.06 Compensation
The members of the PI:lnning Commission sh:lll serve without compensation, but
m:lY be reimbursed for such tr:l'.'el, mile:lge, and/or per diem expenses ns m:lY be
:luthorized by the BCC.
8.03.06 Meetings
l\. In order to provide convenience :lnd promote public p:lrticip:ltion, meetings of the
PI:lnning Commission sh:lll be held in the Immoknlee nre:l when mntters pending
before the PI:lnning Commission nre of sufficient concern to the Immokalee :lre:l
to W:lrrnnt such :l meeting. The Planning Commission shall, by majority vote,
make such determinntion nt 1 of its regularly scheduled meetings well enough in
Page 132 of 194
Words struck throHgh are deleted, words underlined are added
3dvance to allow sufficient time to 3dvertise such Immok31ee meeting. /\11 other
meetings shall be held at the Collier County Government Center, N3ples, Florida,
unless otherv..ise specified by the Planning Commission or the BCC.
B. All meetings 3nd he3rings of the Pbnning Commission shall be open to the
public.
8.03.07 Staff
The community development services division Sh311 be the professional st3ff of
the Planning Commission.
8.03.08 Appeals
As to any land development petition or application upon which the Pbnning
Commission takes fin31 3ction, 3n 3ggrieved petitioner, applicant, or 3ggrieved party
may appeal such final 3ction to the B03rd of County Commissioners. An aggrieved or
adversely 3ff-ected party is defined 3S 3ny person or group of persons which 'NiII suffer
an adverse affect to an interest protected or furthered by the Collier County Gro'Nth
M3n3gement P13n, L3nd Oevelopment Code, or Building Code(s). The alleged adverse
interest may be shared in common v.'ith other members of the community 3t 13rge, but
sh311 exceed in degree the general interest in community good shored by all persons.
The Board of County Commissioners m3Y affirm, affirm with conditions, re'lerse or
reverse '....ith conditions the 3ction of the Planning Commission. Such appeal shall be
filed 'J.'ith the development services director within 30 d3Ys of the date of fin31 3ction by
the PI3nning Commission and shall be noticed for hearing '.'lith the Board of County
Commissioners, as applicable, in the same manner 3S the petition or 3pplication '.\'3S
noticed for he3ring with the Planning Commission. The cost of notice shall be borne by
the petitioner, applicant or aggrieved p3rty.
8.04.00 BOARD OF ZONING APP61.lS Reserved
8.04.01 EstablishmeRt; Powers and Duties
There is hereby est3blished 3 B03rd of Zoning Appe31s nBZAn, 'Nhich sh311 have
the following powers 3nd duties:
A. To he3r, review, and approve, approve with conditions, or deny zoning
v3riances, condition31 uses, nORGoRforming use 3mendmonts, flood
v3ri3nces, and off street p3rking 3nd sh3red parking 3greements in
3ccord3nce with the terms of these regubtions;
B. To hear, review, 3nd approve, 3pprove '.,,'ith conditions, or deny 3ppeals
from interpret3tions made by the County M3n3ger or designee pert3ining
to the Collier County GMP, the future bnd use m3p, the LOC, or the
offici31 zoning atbs by the County M3n3ger or designee;
e. To m3ke its special knO'.vledge 3nd expertise aV3il3ble upon '....ritten
request 3nd authoriz3tion of the BCe to any official, dep3rtment, board,
or commission of the County.
O. To recommend to the BCe 3ddition31 or amended rules of procedure not
inconsistent with the Loe to govern the BZA's proceedings; 3nd
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E. To perform those functions, powers ::md duties of the BZA asset forth in
chapter 67 1246, Laws of Florida, incorporated herein and by reference
made a part hereof, as said chapter has been or may be amended.
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8.04.02 Membership
Quo.'ifiootiens. Members of the BZ/\ shall be qualified electors in Collier County
and residents of the County f-or 2 years prior to appointment. In the event that
any member is no longer a qualified elector or is convicted of a felony or an
offense in'/olving moral turpitude ',Vhile in office, the BCC shall terminate the
appointment of such person as a member of the BZA.
IIppeintmont. The BCC may appoint a Board or Boards of Zoning Appeals f{)r its
planning area or areas, or may act as such Board or Boards of Zoning Appeals
itself. Boards of Zoning Appeals shall have not less than 5 nor more than ten (10)
members. Not more than 2 members of a BZA may be members of the Planning
Commission.
B.
C. Terms. Terms of office of members of the BZA shall be for not less than 2 nor
more than 4 years, and not more than a minority of such members' terms shall
expire in any 1 year.
O. Romevo,1. Any member of a BZA may be removed from office for just cause by
four fifths '..ote of the full membership of the BCC, but such member shall be
entitled to a public hearing if he so requests in writing within 30 days of the date
upon which the '1ote is taken.
E. Vooonoy. 'Nhere'ler a vacancy occurs on a BZA which reduces the membership
of the BZA belo\\' 5 members, the BCC shall fill such vacancy for the remainder
of the term, within 30 days after the vacancy occurs. No meetings of a BZA shall
be held when the membership is less than 5 members.
F. Officers. Boards of Zoning Appeals shall elect a chairman and vice chairman
from among the members, and may create and fill such other offices as are
determined to be necessary. Terms of all offices shall be for 1 year, with eligibility
for reelection.
8.04.03 Quorum and Voting
No meeting of the BZ/\ shall be called to order, nor may any business be
transacted by the BY., without a quorum consisting of at least 3 members of the BZA
being present. 1\11 actions shall require a simple majority of the members of the BZ/\ then
present and voting, except for conditional uses, '.vhich require 4 affirmative votes.
8.04.0~ Rules of Procedure
A. Boards of Zoning J\ppeals shall adopt rules for the transaction of business, and
shall keep a record of resolutions, transactions, findings, and determinations.
Boards of Zoning Appeals may provide for transcription of such hearings and
proceedings, or portion of hearings and proceedings, as may be deemed
necessary. All such records shall be public records.
B. Boards of Zoning I\ppeals may, subject to the appro'.'al of the BCC and within the
financial limitations set by appropriations made or other funds available, employ
such experts, technicians, and staff as may be deemed proper, pay their salaries,
Page 134 of 194
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and make such other expenditures as are necessary to conduct the work of the
Bll\, and effectuate its purposes.
C. The BCC is hereby authorized and empo'.vered to make such appropriations as it
may see fit for the conduct of the work of the BZA. The BCC is authorized and
empowered to establish a schedule of fees, charges, and expenses, and a
collection procedure therefor.
O. The BlP. may, from time to time, adopt and amend byla'Ns and rules of
procedure not inconsistent 'J.'ith the provisions of these regulations. Such
proposed rules of procedure shall be considered as if they were amendments to
this LOC.
8.04.06 Compensation
Members of the Bll\, may receive such travel and other expenses while on
official business for the BZA as are made available by the BCC for these purposes.
8.04.0& Meetings
A. Meetings of the BZA shall be held as needed to dispose of matters properly
before the BZA and may be called by the chairman or in writing by 3 members of
the BZA.
B. The location of meetings shall be in County offices in Naples, Florida. If a matter
is postponed due to lack of a quorum, the chairman shall continue the meeting as
a special meeting to be held v:ithin 7 days thereafter. In case of delays caused by
other reasons, the hearing shall be rescheduled to the next BZA meeting. The
secretary shall notify all members of the date of the continued hearing and also
shall notify all p\lrties.
C. All meetings and he:lrings of the BZA sh:lll be open to the public.
8.06.00 BUILDING BOARD OF ADJUSTMENTS AND APPEALS Reserved
8.06.01 Establishment and Purpose
A. There is hereby est:lblished a Building BO:lrd of Adjustments and Appe:lls
("Building Board").
B. The purpose of the Building Board is to provide a decision m:lking body through
'J.'hich :In owner of :l building or structure, or his duly authorized agency, may
:lppe:ll the rejections or refus:l1 of the building official to approve the mode or
m:lnner of construction proposed to be followed, or m:lteri:lls to be used, in the
erection or alteration of th:lt building or structure, or '....hen it is cl:limed that the
provisions of the Florida Building Code and Florida Fire Prevention Code, :lS
listed in Chapter One, do not :lpply, or that an equally good or more desir:lble
f-orm of construction can be employed in a specific case, or 'Nhen it is olaimed
that the true intent and meaning of such codes, or any of the regulations
thereunder, ha'.'e been misconstrued or wrongly interpreted by the building
offici\lI.
8.06.02 PO'Jlers and Duties
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The Building B03rd Sh311 h3'.'e the following po'....ers and duties:
A To re'.'ie':: and approve, 'I.'ith or without modific3tions or conditions, or
deny 3n 3ppe31 from a decision of the building official with reg3rd to a
variance from the mode or m3nner of construction proposed to be
followed, or materi31s to be used, in the erection or 31teration of 3 building
or structure, or when it is cl3imed th3t the provisions of the Florid3
Building Code 3nd Florida Fire Prevention Code, as listed in Chapter
One, do not apply, or th3t an equally good or more desirable form of
construction C3n be employed in ::my specific case, or 't.'hen it is claimed
th3t the true intent and meaning of such building codes 3nd technical
codes or 3ny of the regul3tions thereunder, have been misconstrued or
wrongly interpreted by the building offici31;
B. To accept 3ppe31s 3nd render decisions pursuant to interlocal
3greements betv.'een the County and independent fire districts which
have entered into such 3greements;
C. To recommend to the BCC 3dditional or amended rules of procedure not
inconsistent with this LOC to govern the Building Board's proceedings;
aM
O. To make its speci31 knowledge 3nd expertise a'J3il3ble upon reason3ble
'.'\'ritten request 3nd authorization of the BCC to 3ny official, dep3rtment,
board, commission, or agency of the County, state, or f.eder31
governments.
8.05.03 Membership
A QU:J/ffioations. The Building Board sh311 be composed of 5 regu/3r members
3ppointed by the BCC. The Collier County Fire M3rsh311's l\ssoci3tion may
recommend for consider3tion by the BCC those 2 members, 1 of ,,':hom would be
an 3rchitect or engineer, 3nd 1 of whom must be 3 fire protection specialist. The
Building B03rd sh311 consist of members engaged in the follo'.'\'ing occupations
who, by reason of education, experience, 3nd kno'.vledge, are deemed to be
competent to sit in judgment on matters concerning the Florida Building Code
3nd Florid3 Fire Prevention Code, 3S listed in Chapter One:
1. One (1) st3te licensed 3rchitect or one structur31 engineer;
2. One (1) Cl3SS A gener31 contr3ctor;
3. One (1) st3te certified fire protective equipment contr3ctor or st3te
certified firefighter with the r3nk of lieuten3nt or higher, or st3te certified
fire s:::Ifety inspector ':.'ith the rank of lieutenant or higher;
1. One (1) licensed electric:::ll contr:::lctor; :::Ind
5. One (1) licensed plumbing or mech:::lnic31 contr3ctor.
Page 136 of 194
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B. To:m. The members sh:lll serve for a term of 4 (4) ye:lrs, except for initi:ll
:lppointees '.vho shall serve as follows: 2 (2) for;] term of 1 (1) ye:lr; two (2) for :l
term of two (2) ye:lrs; one (1) for a term of three (3) ye:lrs.
8.05.04 Quorum
Three members of the Building BO:lrd sh:lll constitute a quorum. In v:lrying the
:lpplic:ltion of :lny provision of the Florid;] Building Code and Florid;] Fire Pre'/ention
Code, or in modifying :In order of the building offici:ll or the public s:lfety :ldministrator,
:In :lffirm:ltive vote of not less than 3 Building Board members shall be required.
8.05.05 Rules of Procedure
A. The Building BO:lrd sh;]1I establish rules :lnd regulations for its own procedure not
inconsistent with the provisions of the Collier County Building Code.
B. The building offici:ll sh:lll :lct as secret;]!)' of the Building Board and shall m:lke :l
detailed record of :lll its proceedings, which sh:lll include, but sh:lll not be limited
to, :lll :lppe:ll decisions, the re:lsons for its decisions, the vote of each member
participating therein, the absence of :l member, :lnd any f:lilure of :l member to
VGte-:
8.06.00 ENVIRONMENTAL ADVISORY COUNCIL Reserved
8.06.01 Establishment
There is hereby established :In En'Jironmental Advisory Council ("EAC"). The E/\C
obt:lins its jurisdiction, pO\AJers, and limits of authority from the BCC, and pursu:lnt to this
LOC, sh:lll :lct in :In advisory cap:lcity to the BCC in m:ltters dealing with the regulation,
control, m:ln:lgement, use, or exploitation of any or :lll natural resources of or within the
County, :lnd the review :lnd eV:llu:ltion of specific zoning and development petitions :lnd
their impact on those resources.
8.06.02 Purpose
The EAC 'NiII function to:
A. .^.dvise on the preserv:ltion, conserv:ltion, protection, m:ln:lgement, :lnd
beneficial use of the physical and biologic:l1 n:ltur:ll resources
(:ltmospheric, terrestri:ll, aquatic, :lnd hydrologic) of the County in reg:lrd
to the safety, health, :lnd general 'Nell being of the public;
B. Advise :lnd assist the County staff :lnd the BCC toward developing the
purpose, intent, :lnd criteria of :lll County ordinances, policies, programs,
and other initiatives dealing with natural resources;
e. Provide written and oral reports directly to the BeC regarding
recommend:ltions on matters dealing with the protection of n:ltural
resources; and
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O. Review and recommend stipulations addressing the preservation,
conservation, protection, management, and beneficial use of the County's
physical and biologic31 natural resources (atmospheric, terrestrial,
aquatic, and hydrologic) for petitions and/or plans for selected
development orders, including, but not limited to, rezones, developments
of regional impact, provisional uses, subdivision master plans, and
planned unit development amendments that are directed to the EAC by
County staff, the BCC, or the provisions of this ~ LOC.
8.06.03 Powers and Duties
The powers and duties of the EAC are as follo'J.'s:
,f.... Identify, study, evaluate, and provide technical recommendations to the
BCC on programs necessary for the conservation, management, and
protection of air, land, and woter resources and environmental quality in
the County;
B. Advise the BCC in establishing goals and objectives for the County's
environmental conservation and management programs;
C. Advise the BCC in developing and revising, as appropriate, local rules,
ordinances, regulations, programs, and other initi3ti'.'es addressing the
use, conservation, and preservation of the County's natural resources;
O. Advise the BCC in the implementation and development of the GMP
regarding environment31 and natural resource issues;
E. .^.dvise the BCC in identifying and recommending solutions to existing and
futuro environmental issues;
F. Serve as the technical advisory committee to advise and assist the
County in the activities involved in the development and implementation
of the County environment31 resources management program as stated in
the Collier County GMP;
G. Implement the '....ater policy pursuant to this LOC;
H. Provide an opportunity for public comment on environmental issues,
ordinances, and programs;
I. Implement the provisions of the Conservation and Coastal Management
Element of the Collier County GMP during the review process for
de'Jelopment petitions and/or pl3ns;
J. Participate in the revie',,: and recommendation process for excavations
over 500,000 cubic yards;
K. Assist in the implementation of any new programs, ordinances, 3nd/or
policies adopted by the BCC which deal with the conservation,
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management, and protection of air, klnd, w:lter, :lnd n:ltur:ll resources
and environmental quality in the County;
L. Provido an :lppell:lte forum :lnd process to he:lr disputes bet\veen County
st:lff and :lpplic:lnts concerning land development projects and
recommend proposed stipulations for project approv:l1 or grounds for
project denial for BCC consideration;
M. Function as an environmental imp<:lct statement (EIS) review board
pursuant to Chapter 10; and
N. All preliminary subdi'.'ision plat and/or site development plan submissions
for development or site alteration on a shoreline and/or undeveloped
coastal barrier sh:lll be reviewed and a recommendation shall be made
for approval, approval 'J.'ith conditions or denial by the EAC. If the
applicant chooses not to utilize the optional preliminary subdivision plat
process, the review and :lpproval will occur :It the time of either the final
plat and construction pl<:lns or the final plat.
O. Scope of land development project reviews. The EAC shall review all
land development petitions which require the following: <:In environmental
impact statement (EIS) per section 10.02.02 of the LOC; all developments
of regional impact (ORI); lands with special treatment (ST) or area of
critical st:lte concern/special treatment (ACSC/ST) zoning overlays; or
any petition for which environmental issues C:lnnot be resolved between
the applicant :lnd staff and which is requested by either party to be heard
by the EAC. The EAC shall also review any petition which requires
approval of the Collier County Planning Commission (CCPC) or the board
of county commissioners (BCe) where staff receives a request from the
chairman of the EAC, CCPC or the BCC for that petition to be reviev.'ed
by the E,4.C.
1. I\ny petitioner may request a waiver to the EAC hearing
requirement, when the following considerations are met: 1) no
protected species or wetland impacts are identified on the site; 2)
an EIS waiver has been administratively granted; 3) ST zoning is
present and an administrative approval has been granted; or 4) an
EIS was previously completed and reviewed by staff and heard by
a predecessor environmental bO:lrd, and that EIS is less than 5
years old (or if older than 5 years, has been updated within 6
months of submitt:ll) and the master plan for the site does not
show greater impacts to the previously designated preservation
areas.
2. The surface water man:lgement aspects of :my petition, that is or
'Nil! be reviewed 3nd permitted by South Florida VV3ter
Man3gement District (SFWMO), are exempt from review by the
EAC except to evaluate the criteria for allowing treated stormwater
to be discharged in Preserves 3S allowed in section 3.05.07.
8.06.04 Membership
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.'\. Appointmcmt. Nine regul:lr members and 2 alternate members of the EAC shall
be :lppointed by, :md serve :It the ple3sure of, the BCC. Alternate members will
be requested to :lttend meetings when regular members h3ve notified st:lff that
they will be absent. Alternate members v.'ill participate in discussions and vote
'....hen replacing a regular member. Appointment to the EP.C sh:lll be by
resolution of the BCC 3nd sh311 set forth the date of :lppointment and the term of
office. E:lch 3ppointment sh311 be for 0 term of '1 years. Terms sh:lll be
st:lggered so th3t no more th3n 3 minority of such members' appointments will
expire in 3ny one year.
B. '13 C::Jncios. V:lc:lncies on the EAC sh:lll be publicized in a public:ltion of general
circubtion within the County, and vacancy notices shall be posted in the County
libraries 3nd County courthouse.
C. QU3kficaUons. Members sh311 be perm3nent residents :lnd electors of the
County 3nd should be reputable and active in community service. The primary
consideration in 3ppointing EAC members sh311 be to provide the BCC \...ith
technical expertise and other viewpoints that are necessary to effectively
:lccomplish the EAC's purpose. In appointing members, the BCC should
consider a membership guideline of 6 technic31 regular members and 3 non
technical regul3r members, :lnd 2 technical :lltern:lte members. Technical
members shall demonstrate evidence of expertise in 1 or more of the following
are:lS related to environmental protection and natural resources m:ln:lgement: air
quality, biology (including :lny of the subdisciplines such os botany, ecology,
zoology, etc.), cO:lst:l1 processes, estu3rine processes, hazardous waste,
hydrogeology, hydrology, hydraulics, land use 13'N, land use pl3nning, pollution
control, solid w:lste, stormwater m:ln3gement, w:lter resources, wildlife
m3n3gement, or other representative area deemed 3pproprbte by the BCC.
D. RomO'/3/. Any member of the EAC m:lY be removed from office by 3 m3jority
vote of the BCC.
E. Officers. The officers of the EAC sh:lll be 0 chairman and :l 'lice chairman.
Officers' terms sh:lll be for 1 year, with eligibility for reelection. The ch3irm3n and
vice chairman sh311 be elected by 3 m:l:iority vote at the org:lnizational meeting
and thereafter 3t the first regular meeting of the E.~.C in October of e:lch year.
The chairm3n sholl preside at all meetings of the EAC. The vice ch:lirm3n sholl
perform the duties of the chairman in the :lbsence or inc3p3city of the ch:lirm3n.
In case of removal, resign3tion,or death of the ch:lirm3n, the vice chairman shall
perform such duties 3S are imposed on the chairman until such time 3S the EAC
shall elect a ne'N ch:lirm3n. Should the offices of chairman :lnd or vice ch3irm3n
become v3c3nt, the EAC sh311 elect 0 successor from its membership at the next
regular meeting. Such election sh311 be for the unexpired term of s:lid office.
8.06.0& Quorum and Voting
.^. simple majority of the 3ppointed members of the EAC sholl constitute 3 quorum for
the purpose of conducting business. An 3ffirm:ltive vote of 5 or more members sholl be
necessary in order to t:lke official action, regardless of whether 5 or more members of
the E/\C are present at :3 meeting.
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8.0&.00 Rules of Procedure
A. The EAC shall, by majority vote of the entire membership, adopt rules of
procedure for the transaction of business and shall keep a record of meetings,
resolutions, findings, and determinations.
B. The following st::mding subcommittees comprised solely of the EAC's
membership shall exist to advance the duties and responsibilities of the EAC:
1. Growth management. The EAC may establish other subcommittees
comprised solely of its membership to bcilitate its functions. Meetings of
the subcommittees shall conform to the same public notice requirements
as that of the EAC.
8.0&.07 Compensation
Members of the EAC shall serve without compensation, but shall be entitled to
receive reimbursement for expenses reasonably incurred in the performance of their
duties upon prior approval of the BCC.
8.0&.08 Meetings
Regular meetings of the EAC shall be held on the first Wednesday of each month at
9:00 a.m. or otherwise as determined by the County Manger or designee, in the BCC's
meeting room, third floor, building "F," Collier County Government Complex, Naples,
Florida. Special meetings of the EAC may be called by the chairman or by a majority of
the membership.
8.0&.09 Evaluation of the EAC
The EAC shall be reviewed for major accomplishments and whether it is serving the
purpose for 'Nhich it was created once every 4 years commencing with 2003 in
accordance with the procedures contained in Collier County Ordinance No. 86 41, as
amended.
8.0&.10 Appeal
A Any person aggrieved by the decision of the County Manager or his designee
regarding any petition for which environmental issues cannot be resolved
betv/een the applicant and staff in which there is no other avenue of appeal may
file a written request for appeal, not later than 10 days ::lfter s::lid decision, with
the EAC. The EAC will notify the aggrieved person ::lnd the County Manager-9f
his designee of the date, time and place that such ::lppeal sh::lll be heard; such
notific::ltion '....ill be gi'.'en 21 days prior to the hearing unless all parties w::live this
requirement. The ::lppeal will be hoard by the EAC '.vithin 60 days of the
submission of the appeal. No less than 10 d::lYs prior to the he::lring the
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aggrieved person and staff shall submit to the EAC :md to the County Manager
or his designee copies of the d::lt::l ::lnd information they intend to use in the
appeal, ::lnd ".'ill also simultaneously exch::lnge such data ::lnd information with
e::lch other. Upon conclusion of the hearing the EAC '.vill submit to the Board of
County Commissioners its f::1cts, findings ::lnd recommend::ltions. The BO::lrd of
County Commissioners, in regular session, will make the fin::ll decision to ::lffirm,
overrule or modify the decision of the County Man::lger or his designee in light of
the recommend::ltions of the EAC.
8.07.00 Historic!^rchaeologic Preservation Board Reserved
8.07.01 Establishment
There is hereby cre::lted ::l Historic/Archaeological Preservation BO::lrd ("Preservation
BO::lrd,") 'Nhich shall serve as an advisory board to the BCC for Collier County, Florida.
The Preserv::ltion Board is vested with the pO'Ner, ::luthority, and jurisdiction to designate,
regulate, and administer historic::l1 and ::lrchaeologic::l1 resources in the County, as set
forth by this LOC, under the direct jurisdiction and control of the BCC.
8.07.02 Pov:ers and Duties
The Preservation Board shall have the following powers and duties:
A. To propose rules and procedures to implement the provisions of this
section to the BCC;
B. To cre::lte a map delineating the ::lre::lS of archaeological and historical
significance 'Nhich shall be subject to approval, by resolution, of the BCC.
This map shall be known as "The map of /\reas of Historical
Archaeological Probability" and shall be completed within 1 year from the
date of the first meeting of the Preservation Board;
C. M::lintain and upd::lte the m::lp of Areas of Historic::l1 Arch::leologic::l1
Probability at interv::lls not to exceed 5 years. All subsequent changes to
the map shall be subject to ::lppro'J::l1 by the BCC;
O. To designate specific sites, structures, districts, buildings, ::lnd properties
::lS historic::llly ::lnd or ::lrch::leologic::llly significant in ::lccordance with
section 2.03.07 E.;
E. To seek assistance and ::ldvice on technical rel::lted matters requiring
profession::ll expertise;
F. To maintain a m::lster file of sites, districts, structures, buildings, and
properties designated ::lS historically significant; and m::lint::lin ::l separate
master file of sites designated as archaeologically significant;
G. To prepare and recommend to the BCC financial and technical incentive
programs to further historic and arch::leological preservation;
H. To increase the awareness of historic ::lnd archaeological preservation
Page 142 of 194
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:md its community benefits by promoting public education programs;
I. To apply for, in the name of the County only, grant assistance from state,
federal, or private sources for the purpose of furthering historic and
archaeological preservation subject to approval of the BCC;
J. To review the appropriateness of applying for the designation as a
certified local government (36 C.F.R ~ 61 (2001)) on behalf of the
County;
K. Upon the County's designation as a certified local gO'Jernment, to revie'.\'
and make recommendations concerning National Register of Historic
Places nomination proposals to the Florida review board;
L. To identify criteria for determining the potential location of historical
archaeological sites which shall be used by project review services during
site inspection;
M. To design an application for the certificate of appropriateness;
N. To issue certificates of appropriateness based on criteria outlined in the
U.S. Secretary of the Interior's "Standards for Rehabilitation" 36 C.F.R ~
67 (2001), as amended, and incorporated by reference herein;
O. To design an application for an historical archaeological survey and
assessment waiver request;
P. Review appeals for historical archaeological survey and assessment
'....aiver requests denied by the County Manger or designee;
a. To design an application for designation of specific sites, districts,
structures, buildings, and properties as historically archaeologically
significant; and
R To perform any other function or duty assigned by the BCC.
8.07.03 Membership
A. IIppointments. The Preservation Board shall consist of 7 members appointed by
the BCC. Each member of the Preservation Board shall hold office only so long
as he or she is a resident of Collier County, Florida. Appointments shall be made
by resolution of the BCC on the basis of 3 potential member's involvement in
community issues, integrity, experience, and interest in the field of historical and
archaeological preservation.
B. Qualifications. The BCC sh:1I1 appoint 1 membor from e3ch of tho follO\ving
categories:
1. History;
2. Arch3eology;
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3. Re31 estate, 13nd development, or finance;
1. Architecture, engineering, building construction, and landscape
architecture; 3nd
5. Law or urb3n planning.
The 2 rem3ining positions sh311 be filled by citizens at large.
C. Term. All 3ppointments Sh311 be made for 3 ye3rs. A Preserv3tion B03rd
member shall be eligible for re3ppointment, but shall be limited to 2 consecutive
terms.
O. Officers. The members of the Preservation Board shall elect a chairm3n 3nd a
vice ch3irman for a 1 year term each. The ch3irm3n shall preside 3t 011 meetings
3nd sholl h3ve the right to vote. The vice chairman shall preside in the absence
of the chairm3n. The ch3irm3n 3nd vice ch3irm3n m3Y be reelected for an
3ddition31 1 year term e3ch, but may not serve for more th3n 2 consecutive
yeaFS7
E. Remov3!. Prior to the expir3tion of his or her term, 3 member of the Preserv3tion
B03rd may be removed from office by 3 m:ljority vote of the BCC. .fI. member of
the Preservation Board sh311 be 3utomatic311y removed if he is 3bsent from 2
consecutive meetings 'Nithout a s3tisroctory excuse or, in the 31tern3tive, if he is
3bsent from more than 1/1 of the meetings in 0 given fiscal year, provided that
the Preserv3tion Boord h3s met 3t le3st 8 times in the given fiscal ye3r. Members
sh311 be deemed absent from a meeting 'Nhen they are not present during at least
75 percent of the meeting.
F. '/ac3ncy. The BCC sh311 fill the v3c3ncy by 3ppointment.
8.07.04 Compensation
Members of the Preserv3tion B03rd sh311 serve without compens3tion.
8.07.05 Meetings
A The Preserv3tion B03rd sh311 meet 3t least once per month, 3t a date 3nd time to
be decided by the Preservation B03rd, unless there is no business pending
before the Preserv3tion Boord. Regardless of the bck of pending business, the
Preserv3tion Board sholl meet 3t le3st 1 times during any calendar ye3r.
B. All meetings of the Preserv3tion Board sh311 be open to the public.
C. A public record of the Preserv3tion B03rd's minutes and resolutions shall be
m3intained and m3de 3'/3ibble for inspection by the public.
O. The Preservation Board's meeting 3gend3 shall be published the Sunday prior to
the scheduled meeting in 0 newspaper of general paid circul3tion in the County
3nd of gener31 interest and readership in the community. The 3d m3Y be placed
where other leg31 notices 3ppe3r.
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SUBSECTION 3.00. AMENDMENTS TO SECTION 10.02.02 SUBMITTAL REQUIREMENTS
FOR ALL APPLICATIONS
Section 10.02.02 Submittal Requirements for All Applications, of Ordinance 04-41, as amended,
the Collier County Land Development Code, is hereby amended to read as follows:
10.02.02 Submittal Requirements for All Applications
A. Environmental impact statements Oata Submittal Requirements
1. Purpose.
a. The purpose of this section is to provide a method to objectively
evaluate the impact of a proposed development, site alteration, or
project upon the resources and environmental quality of the
project area and the community and to insure that planning and
zoning decisions 3re made with a complete understanding of the
impact of such decisions upon the environment, to encourage
projects and developments that '.viii:
I. Protect, conserve and enhance, but not degrade, the
environmental quality and resources of the particular
project or development site, the general area and the
greater community.
ii. Minimize the future reduction in property values likely to
result, or be caused by improperly designed and executed
projects and developments.
iii. Reduce the necessity for expenditure of public funds in the
future for rehabilitating the environmental quality of areas
of environmental sensitivity.
b. Further, it is the purpose of this section to attain the INidest range
of beneficial uses of the environment without degradation of
environmental advantages and risk to public health, safety,
welfare and other undesirable consequences.
c. It is 31so the purpose of this section to optimize a balanco between
population and resource use to permit high standards of living and
a wide sharing of resources and amenities 3mong all citizens 3nd
residents of and visitors to Collier County during the present and
future generations.
2. Applicability; environmental imp3ct statement (EIS) required. Without first
obt3ining appro'Jal of an EIS, or qualifying for an exemption pursuant to
Page 145 of 194
Words struck through are deleted, words underlined are added
section 10.02.02/\.7., as required by this Code it shall be unlawful and no
building permit, conditional use, zoning change, subdivision or
condominium plat or unplatted subdivision approval or other county
permit or approval of or for development or site alteration shall be issued
to cause the development of or site alteration of:
a. Any site '....ith a ST or ACSC ST overlay.
b. All sites seaward of the coastal management boundary that are
2.5 or more acres.
c. All sites land\\'ard of the coastal management boundary that are
ten or more acres.
d. Sites where a prior EIS was prepared and approved for the same
area of land and where the following exist:
i.
Greater impacts to preserve areas are proposed;
ii
Greater impacts to jurisdictional v.'etkmds or listed species
habitats are proposed;
iii.
New listed species have been identified on site; or
i"
Y .
A prior EIS is more than 5 years old; or
\1
. .
Preserve areas were not previously approved.
e. Any other development or site alteration which in the opinion of
the County Manager or his designee, '....ould have substantial
impact upon environmental quality and '.vhich is not specifically
exempted in this Code. In determining whether such a project
would have substantial environmental impact the County Manager
or his designee shall base his decision on the terms and
conditions described in this Code and on the project's consistency
with the growth management plan.
f. VVhen required by section 3.04.01 of this Code, plant and animal
species surveys shall be conducted regardless of whether an EIS
or resubmitted EIS is required by this section.
3. Submission and review of EIS. ."'. completed EIS, in written and digital
format, shall be submitted to County Manager or his designee f{)r
approval, denial or approval with modifications. No de':elopment or site
alteration 'Nil! be started without this approval and permits required by
13'1/. Failure to provide full :md complete information shall be grounds for
denial of the application. The author(s) of the EIS shall provide evidence,
by academic credentials or experience, of his/her expertise in the area of
environment:J1 sciences or natural resource management. Academic
credentials sh:J1I be :J bachelor's or higher degree in 1 of the biologic:J1
sciences. Experience shall reflect at least 3 years, 2 years of which sh:J1l
Page 146 of 194
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be in the State of Florido, of ecologicol or biologicol professional
experience if substituting for ocademic credentiols.
1. Informotion required for opplication.
o. Applicont information.
i. Responsible person who '1:rote the EIS and his/her
educotion ond job reloted environmental experience.
ii. Owner(s)/agent(s) nome, oddress, phone number & e moil
oddress.
b. Mopping and support grophics.
i.
Generollocotion mop.
ii.
Native hobitots ond their boundories identified on an aerial
photogroph of the site extending at leost 200 feet outside
the porcel boundory. This does not mean the applicont is
required to go on to adjoining properties. Hobitot
identificotion consistent with the Florido Oeportment of
Transportation Florida Land Use Cover ond Forms
Cbssification System (FLUCFCS) sholl be depicted on on
aerial photograph having a scale of 1 inch equol to ot leost
200 feet '.vhen a'Jailable from the County. Other scale
aorials moy be used where oppropriote for the size of the
project, pro'.'ided the photogroph and overlays are legible
at the scole provided. A legend for each of the FLUCFCS
cotegories found on site sholl be included on the aerial.
iii.
Topographic map, and existing drainage patterns if
applicable. Where possible, ele'Jotions within eoch of
FLUCFCS cotegories shall be provided.
1\.1
....
Soils mop at scole consistent ....'ith thot used for the Florido
Oeportment of Transportotion Florida Lond Use Cover and
Forms Cbssificotion System determinotions.
\1
. .
Proposed droinage pion indicoting bosic flow potterns,
outbll ond off site droinoge.
'Ji.
Oevelopment pion including phosing program, service oreo
of existing ond proposed public focilities, ond existing and
proposed tronsportotion network in the impoct area.
vii.
Site plan showing preserves on site, ond how they align
with preserves on ocijoining and neighboring properties.
Include on the pion loc3tions of proposed 3nd existing
development, roods, ond oreos for stormwoter retention,
3S shown on opproved master pbns for these sites, 3S well
Page 147ofl94
Words struck thr01:\bh are deleted, words underlined are added
as public o'.A:ned conservation lands, conservation
acquisition areas, major flo\\":.~ays and potential 'Nildlife
corridors.
viii. For properties in the RLSA or RFMU districts, 3 site plan
showing the location of the site, and land use designations
~md overlays as identified in the Gro'IAh M:magement Plan.
c. Project description and GMP consistency determination.
i. Provide an overall description of the project with respect to
environmental and water management issues.
ii. Explain hO'.... the project is consistent with each of the
Objectives and Policies in the Conservation and Coastal
Management Element of the Gr0\4Ah Management Plan,
'J.'here applicable.
d. Native vegetation preservation.
I.
Identify the acreage and community type of all upland and
v:etland habitats found on the project site, according to the
Florida Land Use Cover and Forms Classification System
(FLUCFCS). Provide a description of each of the
FLUCFCS categories identified on site by vegetation type
(species), vegetation composition (canopy, midstory and
ground cover) and vegetation dominance (dominant,
common and occasional).
ii.
Explain how the project meets or exceeds the native
vegetation preservation requirement in Goal 6 of the
Conservation and Coastal Management Element of the
Growth Management Plan, and Chapters :3 and 10 of the
Land Development Code. Provide an exhibit illustrating
such. Include calculations identifying the aGreage for
presen:ation and impact, per FlUCFCS category.
iii.
For sites already cleared and in agricultural use, provide
documentation that the porcel(s) are in compliance with the
25 year rezone limitation in Policy 6.1.5 of the
Conservation and Coastal Management Element of the
Growth Management Plan and Chapters 3 and 10 of the
Land Oevelopment Code. For sites cleared prior to
January 2003, provide documentation that the parcel(s)
are in compliance with the 10 year rezone limitation
previously identified in the Growth Management PI::m :md
Land De':elopment Code.
i"
. .
Have preserves or acre3ge requirements for preservation
previously been identified for the site during previous
development order 3pprov3ls? If so, identify the location
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3nd 3creage of these preserves, and provide 3n
explanation if they are different from what is proposed.
v. For properties with Special Tre3tment "ST" overl3Ys, show
the ST overl3Y on the de'.'elopment pbn 3nd provided an
expl3nation 3S to why these 3reas are being impacted or
preserved.
e. Wetl3nds.
i.
Oefine the number of 3cres of Collier County jurisdiction31
wetbnds (pursuant to Policy 6.2.1 3nd 6.2.2 of the
Conserv3tion 3nd Coast31 M3nagement Element of the
GrO'.vth M3n3gement Pbn) according to the Florid3 L3nd
Use Cover 3nd Forms CI3Ssific3tion System (FLUCFCS).
Include a description of each of the FLUCFCS categories
identified on site by vegetation type (species), 'Ieget3tion
composition (c3nopy, midstory 3nd ground cover) 3nd
vegetation domin3nce (dominant, common and
occ3sional). \.~!etI3nd determinations 3re required to be
verified by the South Florid3 \^/3ter Management Oistrict or
Florid3 Oepartment of Environment31 Protection, prior to
submission to the County.
ii.
Oetermine se3sonal and historic high ':.'ater levels utilizing
lichen lines or other biologic31 indic3tors. Indicate how the
project design improves/affects prede'lelopment
hydroperiods. Provide a n3rr3tive addressing the
3nticip3ted control elevation(s) for the site.
iii.
Indicate the proposed percent of defined wetl3nds to be
imp3cted and the effects of proposed impacts on the
functions of these ':.'etlands. Provide 3n exhibit shov.'ing
the loc3tion of wetlands to be imp3cted 3nd those to be
preserved on site. Oescribe how impacts to wetl3nds h3ve
been minimized.
i"
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Indic3te ho',v the project design compens3tes f{)r '.vetland
imp3cts pursuant to the Policies and Objectives in Goal 6
of the Conserv3tion 3nd C03st31 M3n3gement Element of
the Gro\vth M3nagement Plan. For sites in the RFMU
district, provide an assessment, based on the South
Florid3 '.^!3ter M3n3gement Oistrict's Uniform Mitigation
Assessment Method, th3t has been 3ccepted by either the
South Florida Water Management Oistrict or the Florid3
Dep3rtment of Environment31 Protection. For sites outside
the RFMU district, 3nd 'I.'here higher qU31ity wetlands 3re
being retained on site, provide justification b3sed on the
Uniform Mitig3tion Assessment Method.
f. Surface 3nd ground water man3gement.
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i. Provide an overall description of the proposed vlater
management system expbining how it 'l.'orks, the b:3sis of
design, historical dr:3in:3ge flows, off site f1o':,s coming in to
the system :3nd how they will be inoorporated in the system
or p:3ssed around the system, positive outf:311 a'/:3ilability,
VVet Se:3son W:3ter T:3ble and Ory Se:3son W:3ter T:3ble,
:3nd how they were determined, :3nd :3ny other pertinent
information pert:3ining to the control of storm :3nd ground
watef.:-
ii. Provide :3n :3n:3lysis of potenti:31 'A':3ter quality impacts of
the project by evaluating '.vater quality 10:3dings expected
from the project (post development conditions considering
the proposed land uses and stormw:3ter m:3nagement
controls) compared with water qU:3lity 10:3dings of the
project :3re:3 :3S it exists in its pre development conditions.
This :3n:3lysis is required for projects impacting 5 or more
acres of wetlands. The :3n:3lysis sh:311 be performed using
methodologies approved by Feder:31 :3nd State 'I.later
qU:3lity agencies.
iii. Identify :3ny Wellfield Risk Man:3gement Speoial Tre:3tment
Overby Zones (\NRM ST) within the project :3re:3 :3nd
provide an analysis for how the projeot design :3voids the
most intensive l:3nd uses within the most sensitive WRM
S+&.-
iv. The design of the proposed storm'.V:3ter m:3n:3gement
system and analysis of W:3ter qU:3lity and qU:3ntity impacts
sh:311 fully incorpor:3te the requirements of the Interim
\^/:3tershed M:3nagement regul:3tions of LOC section
3.07.00.
g. Listed species.
i. Provide :3 plant :3nd :3nimal species survey to include :3t :3
minimum, listed species known to inhabit biologic:31
oommunities simil:3r to those existing on site, :3nd
conducted in accord:3nce vlith the guidelines of the Florida
Fish and \Nildlife Conservation Commission and the U.S.
Fish :3nd VVildlife Service. State :3ctual survey times :3nd
d:3tes, :3nd provide :3 map showing the 10c:3tion(s) of
species of speci:31 st:3tus identified on site.
ii. IdentifY:311 listed species th:3t are known to inh:3bit
biologioal communities similar to those existing on the site
or th:3t have been directly observed on the site.
iii. Indicate how the project design minimizes imp:3cts to
species of speci:31 status. Oescribe the me:3sures th:3t :3re
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h. Other.
proposed ::lS mitigation for imp::lcts to listed species.
iv. Provide habitat management pl::lns for each of the listed
species known to occur on the property. For sites with b::lld
e::lgle nests and/or nest protection zones, b::lld e::lgle
management pl::lns ::lre required, copies of which shall be
included as exhibits ::ltt::lched to the PUO documents,
where ::lpplic::lble.
v. 'Nhere applicable, include correspondence received from
the Florida Fish ::lnd 'Nildlife Conservation Commission
(FF\^lCC) and the U.S. Fish ::lnd Wildlife Service (USF\I\JS),
with regards to the project. Explain hO'N the concerns of
these ::lgencies h::l'.'e been met.
i.
For multi slip docking f-acilities with ten slips or more, and
for all marina f::lcilities, show ho'A' the project is consistent
'/lith the marina Siting and other criteria in the Manatee
Protection Plan.
ii.
Include the results of ::lny en'.'ironmental assessments
and/or audits of the property. If applic::lble, provide a
narr::lti'le of the cost and measures needed to clean up the
6ft&:
iii.
For sites located in the Big Cypress Are::l of Critic::l1 St::lte
Concern Speci::ll Treatment (ACSC ST) overlay district,
show how the project is consistent 'Nith the development
st::lndards ::lnd regul::ltions est::lblished f-or the ACSC ST.
i"
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Soil s::lmpling or ground W::lter monitoring reports ::lnd
progr::lms sh::lll be required for sites th::lt occupy old f::lrm
fields, old golf courses or for which there is a re::lsonable
b::lsis for believing that there has been previous
cont::lmin::ltion on site. The amount of s::lmpling ::lnd testing
sh::lll be determined by the Environment::ll Services staff
along with the Pollution Control Oepartment ::lnd the
Florida Oepartment of Environment::ll Protection.
1I
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Provide documentation from the Florid::l Master Site File,
Florid::l Oep::lrtment of St::lte ::lnd ::lny printed historic
::lrch::leologicol surveys th::lt h::lve been conducted on the
project ::lre::l. Loc::lte ::my known historic or ::lrchaeologic::l1
sitos ::md their relationships to the proposed project design.
Demonstr::lte how the project design preserves the
historic/::lrchaeologic::l1 integrity of the site.
vi.
Provide ::In ::In::llysis demonstr::lting th::lt the projoct will
rem::lin fully functional for its intended use ::lfter ::l 6 inch
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rise in se:J level as required by the Growth M:Jnagement
Plaft
5. I\ddition:J1 d:Jt:J. The County M:Jn:Jger or his designee m:JY require
addition:J1 d:Jta or inform:Jtion necessary in order to m:Jke a thorough and
complete e'l:Jlu:Jtion of the EIS :Jnd project.
6. Rel:Jtion betv.\een EIS :Jnd development of regional impact (ORI). In :Jny
instance where the proposed project requires both :In EIS :Jnd a ORI,
their data m:JY be embodied in 1 report provided such report includes all
the required information on both the EIS and OR!.
1. Purpose. The purpose of this section is to identify the types and format of
data that is required to review a proposed proiect to ensure it meets the
land development standards contained within the Land Oevelopment
Code.
2. Preparation of Environmental Oata. Environmental Oata Submittal
Requirements shall be prepared by an individual with academic
credentials and experience in the area of environmental sciences or
natural resource manaoement. Academic credentials and experience
shall be a bachelor's or hioher deoree in one of the biolooical sciences
with at least two years of ecolooical or biolooical professional experience
in the State of Florida.
3. Environmental Oata. The followino information shall be submitted, where
applicable, to evaluate proiects.
a. Wetlands
i. Identify on a current aerial. the location and acreaoe of all
Collier County/SFWMO iurisdictional wetlands accordino
to the Florida Land Use Cover and Forms Classification
System (FLUCFCS) and include this information on the
SOP or final plat construction plans. Wetlands must be
verified by the South Florida Water Manaoement Oistrict
(SFWMO) or Florida Oepartment of Environmental
Protection (DEP) prior to SOP or final plat construction
plans approval. For sites in the RFMU district. provide an
assessment in accordance with 3.05.07 F and identify on
the FLUCFCS map the location of all hioh Quality wetlands
(wetlands havino functionality scores of at least 0.65
WRAP or 0.7 UMAM) and their location within the
proposed development plan. Sites with high Qualitv
wetlands must have their functionality scores verified by
the SFWMD or OEP prior to first development order
approval. Where functionality scores have not been
verified by either the SFWMO or OEP, scores must be
reviewed and accepted by County staff, consistent with
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State reoulation.
ii. SOP or final plat construction plans with impacts to 5 or
more acres of wetlands shall provide an analysis of
potential water Quality impacts of the project by evaluatino
water Quality loadinos expected from the proiect (post
development conditions considerino the proposed land
uses and stormwater manaoement controls) compared
with water Quality loadinos of the project area as it exists in
its pre-development conditions. The analysis shall be
performed usino methodolooies approved bY Federal and
State water Quality aoencies, and must demonstrate no
increase in nutrients (nitrooen and phosphorous) loadinos
in the post development scenario.
iii. Where treated stormwater is allowed to be directed into
preserves, show how the criteria in 3.05.07 H have been
met.
iv. Where native veaetation is retained on site, provide a
topooraphic map to a half foot and, where possible,
provide elevations within each of the FLUCFCS Codes
identified on site. For SOP or final plat construction plans,
include this information on the site plans.
b. Listed Species and Bald Eaole Nests and Nest Protection Zones
i. Provide a wildlife survey for the nests of bald eaole and for
listed species known to inhabit biolooical communities
similar to those existino on site. The survey shall be
conducted in accordance with the ouidelines or
recommendations of the Florida Fish and Wildlife
Conservation Commission (FFWCC) and the U.S. Fish and
Wildlife Service (USFWS). Survey times may be reduced
or waived where an initial habitat assessment by the
environmental consultant indicates that the likelihood of
listed species occurrence is low, as determined by the
FFWCC and USFWS. Where an initial habitat assessment
by the environmental consultant indicates that the
likelihood of listed species occurrence is low, the survey
time may be reduced or waived by the County Manaoer or
desionee, when the project is not reviewed or technical
assistance not provided by the FFWCC and USFWS.
Additional survey time may be required if listed species are
discovered.
ii. Provide a survey for listed plants identified in 3.04.03.
iii. Wildlife habitat manaoement and monitorino plans in
accordance with 3.04.00 shall be required where listed
species are utilizino the site or where wildlife habitat
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manaoement and monitorino plans are required by the
FFWCC or USFWS. These plans shall describe how the
proiect directs incompatible land uses away from listed
species and their habitats. Identify the location of listed
species nests, burrows, dens, foraoino areas, and the
location of any bald eaole nests or nest protection zones
on the native veaetation aerial with FLUCFCS overlay for
the site. Wildlife habitat manaoement plans shall be
included on the SOP or final plat construction plans. Bald
eaole manaoement plans are required for sites containino
bald eaole nests or nest protection zones, copies of which
shall be included on the SOP or final plat construction
plans.
c. Native veaetation preservation
i. For sites or portions of sites cleared of native veaetation
or in aoricultural operation. provide documentation that the
parcells) were issued a permit to be cleared and are in
compliance with the 25 year rezone limitation pursuant to
section 10.02.06. For sites permitted to be cleared prior to
July 2003, provide documentation that the parcells) are in
compliance with the 10 year rezone limitation previously
identified in the GMP. Criteria definino native veaetation
and determinino the leoality, process and criteria for
clearino are found in 3.05.05. 3.05.07 and 10.02.06.
ii. Identify on a current aerial the acreaoe, location and
community types of all upland and wetland habitats on the
proiect site, accordino to the Florida Land Use Cover and
Forms Classification System (FLUCFCS), and provide a
leoend for each of the FLUCFCS Codes identified. Aerials
and overlay information must be leoible at the scale
provided. Provide calculations for the acreaoe of native
veaetation required to be retained on-site. Include the
above referenced calculations and aerials on the SOP or
final plat construction plans. In a separate report.
demonstrate how the preserve selection criteria pursuant
to 3.05.07 have been met. Where applicable, include in
this report an aerial showino the proiect boundaries alono
with any undeveloped land, preserves, natural flowways
or other natural land features, located on abuttina
properties.
iii. Include on a separate site plan, the proiect boundary and
the land use desianations and overlavs for the RLSA.
RFMU, ST and ACSC-ST districts. Include this information
on the SOP or final plat construction plans.
iv. Where off-site preservation of native veaetation is
proposed in lieu of on-site, demonstrate that the criteria in
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section 3.05.07 have been met and provide a note on the
SOP or final plat construction plans indicatino the type of
donation (monetary payment or land donation) identified to
satisfy the requirement. Include on the SOP or final plat
construction plans, a location map(s) and property
identification number(s) of the off-site parcel(s) if off-site
donation of land is to occur.
d. General environmental requirements
i. Provide the results of any Environmental Assessments
and/or Audits of the property, alono with a narrative of the
measures needed to remediate if required by FOEP.
ii. Soil and/or oround water samplino shall be required at the
time of first development order submittal for sites that
OCCUpy farm fields (crop fields. cattle dippino ponds,
chemical mixino areas), oolf courses, landfill or iunkyards
or for sites where hazardous products exceedino 250
oallons of liquid or 1,000 pounds of solids were stored or
processed or where hazardous wastes in excess of 220
pounds per month or 110 oallons at any point in time were
oenerated or stored. The amount of samplino and testino
shall be determined by a reoistered professional with
experience in the field of Environmental Site Assessment
and shall at a minimum test for oroanochlorine pesticides
(U.S. Environmental Protection Aoency (EPA) 8081) and
Resource Conservation and Recovery Act (RCRA) 8
metals usino Florida Oepartment of Environmental
Protection (FOEP) soil samplino Standard Qperatino
Procedure (SOP) FS 3000, in areas suspected of beino
used for mixino and at discharoe point of water
manaoement system. Samplino should occur randomly if
no points of contamination are obvious. Include a
backoround soil analysis from an undeveloped location
hydraulically uporadient of the potentially contaminated
site. Soil samplino should occur iust below the root zone,
about 6 to 12 inches below oround surface or as otherwise
aoreed upon with the reoistered professional with
experience in the field of Environmental Site Assessment.
Include in or with the Environmental Site Assessment. the
acceptable State and Federal pollutant levels for the types
of contamination found on site and indicate in the
Assessment. when the contaminants are over these levels.
If this analysis has been done as part of an Environmental
Audit then the report shall be submitted. The County shall
coordinate with the FOEP where contamination exceedino
applicable FOEP standards is identified on site or where an
Environmental Audit or Environmental Assessment has
been submitted.
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iii. Shoreline development must provide an analysis
demonstratino that the project will remain fully functional
for its intended use after a six-inch rise in sea level.
iv. Provide justification for deviations from environmental LOC
provisions pursuant to GMP CCME Policy 6.1.1 (13). if
requested.
v. Where applicable, provide evidence of the issuance of all
applicable federal and/or state oil and oas permits for
proposed oil and aas activities in Collier County. Include
all state permits that comply with the requirements of
Chapter 62C-25 throuoh 62C-30. F.A.C., as those rules
existed on January 13, 2005.
e. Other code requirements
i. Identify any Wellfield Risk Manaoement Special Treatment
Overlay Zones (WRM-ST) within the proiect area and
provide an analysis for how the project desion avoids the
most intensive land uses within the most sensitive WRM-
STs and will comply with the WRM-ST pursuant to 3.06.00.
Include the location of the Wellfield Risk Manaoement
Special Treatment Overlay Zones on the SOP or final plat
construction plans. For land use applications such as
standard and PUO rezones and CUs, provide a separate
site plan or zonino map with the project boundary and
Wellfield Risk Manaoement Special Treatment Overlay
Zones identified.
ii. Oemonstrate that the desion of the proposed stormwater
manaoement system and analysis of water Quality and
Quantity impacts fully incorporate the requirements of the
Watershed Manaoement reoulations of 3.07.00.
iii. For sites located in the Bio Cypress Area of Critical State
Concern-Special Treatment overlay district (ACSC-ST),
show how the proiect is consistent with the development
standards and reoulations in 4.02.14.
iv. For multi-slip dock facilities with ten slips or more, and for
all marina facilities, show how the project is consistent with
5.05.02. Refer to the Manatee Protection Plan for site
specific requirements of the Manatee Protection Plan not
included in 5.05.02.
v. For development orders within RFMU sendinCl lands,
show how the proiect is consistent with each of the
applicable Obiectives and Policies of the Conservation and
Coastal Manaoement Element of the GMP.
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f. Additional data
The County Manaoer or desionee may require additional
data or information necessary to evaluate the proiect's
compliance with LOC and GMP requirements.
4. PUO zonino and CU petitions. For PUO rezones and CU petitions,
applicants shall collate and packaoe applicable Environmental Oata
Submittal Requirements into a sinole Environmental Impact Statement
(EIS) document. prior to public hearinos and after all applicable staff
reviews are complete. Copies of the EIS shall be provided to the County
Manaoer or desionee prior to public hearinos.
7- ~. Exemptions.
a. The gs Environmental Oata Submittal Requirements exemption
shall not apply to any parcel with a ST or ACSC-ST overlay,
unless otherwise exempted by section 4.02.14 H. (exceptions) or
4.02.14:-1. (exemptions), of this Code.
b. Single family or duplex uses on a single lot or parcel. Sinole-
family detached and two-family housino structure(s) on a lot(s)
of record except as otherwise provided at section 4.02.04 (cluster
development), and townhouses developed on fee simple lots
under individual ownership, provided that a fee simple townhouse
plat is approved in accordance with the provisions of section
10.02.04.B.4. These exemptions shall not apply to the followino.
i. Wetland delineations and permittino.
ii. Retention of native veaetation in accordance with 3.05.07
C.
iii. Listed species protection in accordance with 3.04.01.
c. Agricultural uses. Agricultural uses that fall within the scope of
sections 163.3214(4) or 823.14(6), Florida Statutes, provided that
the subject property will not be converted to a nonagricultural use
use or considered for any type of rezoning petition for a period of
25 years after the agricultural uses aoricultural uses commence
and provided that the subject property does not fall within an
ACSC or ST zoning overlay.
d. Non sensitive areas. Any area or parcol of land which is not, in
the opinion of the County Man3ger or his designee, an area of
en\'ironmental sonsitivity, subject to the criteria set forth below,
provided that the subject property does not fall within 3n ACSC or
ST zoning overlay:
i. The subject property has 31re3dy been altered through
past usage, prior to the adoption of this Code, in such a
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m::mner thot the proposed use '.viii not further degrade the
en\.'ironmeFltal Etuality of the site or the surrounding oreas
'Nhich might be offected by the proposed use.
ii.
The major floro ond buna features hove been altered or
removed to such on extent os to preclude their roasonable
regenerotion or useful ecological purpose. An exomple
would be in the cose of on industriol pork or 0 commerciol
de\.'elopment INhere most of the floro ond fauno 'I.'ere
removed prior to the passoge of this Code.
iii.
The surfoce ond/or notural drainage or recharge capacity
of the project site has been paved or channeled, or
otherv:ise altered or improved prior to the adoption of this
Code, ond 'NiII not be further degraded as a result of the
proposed use or development.
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The use ::md/or development of the subject property will
definitely improve and correct ecologicol deficiencies which
resulted from use ond/or de':elopment '.vhich took place
prior to the possoge of this Code. An exomple would be
'.vhere the developer proposes to reforest the orea, provide
additional open space, reploce naturol droinoge for
channeled drainoge, ond/or reduce density.
\I
...
The use or de':elopment will utilize existing buildings ond
structures ond will not require ony major alter-ation or
modificotion of the existing land forms, drainoge, or flora
ond buno elements of the property.
e. All londs lying within oil incorporoted municipalities in Collier
County.
f g. All NBMO Receiving Lands in accordance with 2.03.08 A.2.a(1 ).
g. Single bmily lots in occordonce with section 3.04.01 C.1.
R ~. A conventional rezone with no site plan or proposed development
plan. This exemption does not apply to lands that include any of
the following zoning, overlays or critical habitats: Conservation
(CON), Special Treatment (ST), Area of Critical State Concern
(ACSC), Natural Resource Protection Areas (NRPA's), Rural
Fringe Mixed Use (RFMU) Sending Lands, Xeric Scrub, Oune and
Strand, Hardwood Hammocks, or any land occupied by listed
species or defined by an appropriate State or Federal agency to
be critical foraging habitat for listed species.
f. In those areas of Collier County where oil extraction and related
processina is an allowable use, such use is subiect to applicable
state and federal oil and oas permits and Collier County non-
environmental site development plan review procedures.
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Oirectional-drillino and/or previously cleared or disturbed areas
shall be utilized in order to minimize impacts to native habitats,
where determined to be practicable. This requirement shall be
deemed satisfied upon issuance of a state permit in compliance
with the criteria established in Chapter 62C-25 throuoh 62C-30,
FA.C., as those rules existed on January 13. 2005, reoardless of
whether the activity occurs within the Bio Cypress Watershed, as
defined in Rule 62C-30.00H2), FA.C. All applicable Collier
County environmental permittino requirements shall be considered
satisfied by evidence of the issuance of all applicable federal
and/or state oil and oas permits for proposed oil and oas activities
in Collier County, so lono as the state permits comply with the
requirements of Chapter 62C-25 throuoh 62C-30, F.A.C. For
those areas of Collier County outside the boundary of the Bio
Cypress Watershed, the applicant shall be responsible for
convenino the Bio Cypress Swamp Advisory Committee as set
forth in Section 377.42. F.S.. to assure compliance with Chapter
62C-25 throuoh 62C-30, FA.C. even if outside the defined Bio
Cypress Watershed. All access roads to oil and oas uses shall be
constructed and protected from unauthorized uses accordino to
the standards established in Rule 62C-30.005(2)(a)(1) throuoh
(12), F.A.C.
8. Fees. In order to implement, m3int3in 3nd enforce this Code, the cost
upon submission of the en'.'ironment31 imp3ct st3tement shall be as
est3blished by resolution. Until this fee h3s been paid in full no action of
any type sh311 be t3ken.
9. /\ppeals.
3. .c..ny person 3ggrieved by the decision of the County M3n3ger or
his designee regarding EIS procedures or submittals (i.e. this
section of the Code) may file 3 v.'ritten request for appeal, not later
than ten days after said decision, with the E/\C or their successor
org3niz3tion.
b. The EAC '.viii notify the aggrieved person and the County M3n3ger
or his designee of the date, time and place th3t such 3ppe31 sh311
be he3rd; such notific3tion will be given 21 days prior to the
hearing unless all p3rties waive this requirement.
c. The appe31 'Nill be he3rd by the EAC within 60 d3Ys of the
submission of the 3ppe31.
d. Ten days prior to the he3ring the aggrieved person sh311 submit to
the EAC 3nd to the County Manager or his designee copies of the
d3ta 3nd inform3tion he intends to use in his 3ppe31.
e. Upon conclusion of the he3ring the E/\C 'NiII submit to the BCC
their bcts, findings and recommendations.
Page] 59 of 194
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f. The BCC, in regular session, will m:Jke the final decision to affirm,
overrule or modify the decision of the County Manager or his
designee in light of the recommendations of the EAC.
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SUBSECTION 3.PP. AMENDMENTS TO SECTION 10.02.03 SUBMITTAL REQUIREMENTS
FOR SITE DEVELOPMENT PLANS
Section 10.02.03 Submittal Requirements for Site Development Plans, of Ordinance 04-41, as
amended, the Collier County Land Development Code, is hereby amended to read as follows:
10.02.03 Submittal Requirements for Site Development Plans
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B. Final Site development plan procedure and requirements. A pre-application
meeting shall be conducted by the County Manager or his designee, or his/her
designee, prior to the submission of any site development or site improvement
plan for review. This meeting may be waived by the County Manager or f1.is
designee upon the request of the applicant.
1 . Site development plan submittal packet: The site development
submittal packet shall include the following, if applicable:
a. Ownership: A copy of the recorded deed, contract for sale or
agreement for sale, or a notarized statement of ownership clearly
demonstrating ownership and control of the subject lot or parcel
of land. The applicant shall also present a notarized letter of
authorization from the property owner(s) designating the
applicant as the agent acting on behalf of the owner(s).
b. Site development plan. A site development plan and a
coversheet prepared on a maximum size sheet measuring 24
inches by 36 inches drawn to scale.
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ii. The following information shall be set forth on the site
development plan and/or on a separate data sheet used
exclusively for that purpose.
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(a) For residential proiects subiect to the provisions of
Section 10.04.09, a completed School Impact
Analvsis (SIA) application, location map and
review fee.
Page 160 of 194
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SUBSECTION 3.QQ. AMENDMENTS TO SECTION 10.02.04 SUBMITTAL REQUIREMENTS
FOR PLATS
Section 10.02.04 Submittal Requirements for Plats, of Ordinance 04-41, as amended, the Collier
County Land Development Code, is hereby amended to read as follows:
10.02.04 Submittal Requirements for Plats
A. Preliminary subdivision plat requirements.
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2. Preliminary subdivision plat submission requirements. The preliminary
subdivision plat process is optional. The optional nature of this process
will in no way affect the submission requirements enumerated below. In
other words, if an applicant chooses this option, the applicant must
follow all of the submission requirements. The mandatory nature of the
final subdivision plat process is likewise not affected by the optional
nature of the preliminary subdivision plat submission process.
A preliminary subdivision plat application shall be submitted for the
entire property to be subdivided in the form established by the County
Manager or ffi& designee and shall, at a minimum, include ten copies of
the preliminary subdivision plat unless otherwise specified by the County
Manager or ffi& designee. The preliminary subdivision plat shall be
prepared by the applicant's engineer and surveyor. Land planners,
landscape architects, architects, and other technical and professional
persons may assist in the preparation of the preliminary subdivision plat.
The preliminary subdivision plat shall be coordinated with the major
utility suppliers and public facility providers applicable to the
development. Provisions shall be made for placement of all utilities
underground, where possible. Exceptions for overhead installations may
be considered upon submission of sound justification documenting the
need for such installation. The preliminary subdivision plat shall include
or provide, at a minimum, the following information and materials:
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z. All plans and platting documents shall be prepared fully in
compliance with the Interim Watershed Management regulations
of LOC section 3.07.00.
aa. For residential proiects subiect to the prOVISions of Section
10.04.09, a completed School Impact Analvsis (SIAl application,
location map and review fee.
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B. Final plat requirements.
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4. Final subdivision plat submission requirements. The submittal of final
plats for which no preliminary subdivision plat is contemplated must
include, apart from the final plat and/or improvement plans, that
information required for review of preliminary subdivision plats in
accordance with Section 10.02.04 A.2. For only those final plats
incorporating townhouse development on fee simple lots, the following
additional information, prepared by a registered engineer (and landscape
architect for landscape plan), must be provided either separately or in
conjunction with the information required by section 10.02.04 A.2. of this
Code:
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c. For residential proiects subiect to the prOVISions of Section
10.04.09. a completed School Impact Analvsis (SIAl application,
location map and review fee.
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SUBSECTION 3.RR. AMENDMENTS TO SECTION 10.02.06 SUBMITTAL REQUIREMENTS
FOR PERMITS
Section 10.02.06 Submittal Requirements for Permits, of Ordinance 04-41, as amended, the
Collier County Land Development Code, is hereby amended to read as follows:
10.02.06 Submittal Requirements for Permits
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G. Temporary Use Permit Requirements and Issuance. See section 5.04.0eQ of the
LOG:. for temporary use permit classifications and restrictions.
1. Applications for temporary use permits shall be submitted to the County
Manaoer or desionee in writino on a form provided by the Community
Oevelopment and Environmental Services Oivision.
2, Submittal Requirements. The temporary use permit application and
required plan shall be submitted too ether with the applicable
nonrefundable fee, as indicated in the COES fee schedule, and approved
prior to or simultaneously with the submission of a buildino permit
application, if required.
3. Each temporary use permit application shall be accompanied by
authorization of the property owner or leasino aoent and a current valid
Business Tax Receipt in the case of temporary sale. when required.
4. A conceptual site plan (CSP) or a site development plan (SOP) is
required for special events and seasonal sales. For improved and
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unimproved properties the site plan must demonstrate that provisions will
be made to adequately address each of the followino:
a. Vehicular and pedestrian traffic safety measures.
b. Adequate on-site or additional off-site parkino areas shall be
provided as follows.
i. A maximum of 10 percent of the parkino required by
section 4.05.04 of this Code may be occupied or otherwise
rendered unusable by the. placement of temporary
structures, equipment, and merchandise.
ii. The minimum required number of handicapped parkino
spaces pursuant to section 4.05.07 shall remain available
for use.
c. Limited activity hours.
d. Watchmen. fencino and liohtino.
e. Fire protection and emeroency access measures.
f. Sanitary facilities.
o. If required, a faithful performance bond to ouarantee compliance
with the conditions of the permit.
5. Review procedures.
a. Based upon the information contained in the application, the
County Manaoer or desionee may approve, approve with
conditions relative to the health, safety and welfare of the public,
or deny an application, and may attach conditions to the permit.
b. In the event an application is denied by the County Manaoer or
desionee, the reason(s) shall be noted on the application and
returned promptly.
6. Indemnification. The applicant shall be required to indemnify and hold
harmless Collier County, its officers, aoents and employees from and
aoainst all claims, suits, actions, damaoes, liabilities, expenditures or
causes of action arisino out of or occurrino durino the activities of
applicant under a permit issued hereupon in the form and manner
provided by the County Manaoer or desionee.
7. Cancellations and postponements.
a. If a permitted event is canceled or postponed, the applicant shall
furnish Collier County with written notification of such cancellation
or postponement and the reason(s) for same. It is understood that
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weather conditions may cause last minute cancellations: however,
the applicant shall make every effort to notify the county staff
prior to the scheduled commencement of said event. If the event
is to be re-scheduled, notice of the date and time of the
rescheduled event shall be provided.
b. If a permitted event is postponed, the permit will be amended to
reflect the rescheduled event dates and a COpy will be provided to
the applicant prior to the event.
c. If an event is cancelled and the County is notified prior to the
initially proposed commencement date the number of days used
will not count towards the maximum number of authorized days
afforded for events by the Code.
8. Suspension or revocation. Failure to comply with the terms and
conditions of the temporary use permit. once issued, shall be orounds for
immediate suspension of the permitted activity until such time as the
noncompliance is remedied. A permit may be revoked, without refund, for
established public safety and welfare issues. The suspension or
revocation shall be initially communicated verbally, followed by a written
suspension or revocation order. The continued failure to comply with the
terms and conditions of a previously suspended permit may result in the
revocation of said permit.
9. Violations. The failure to obtain a required Temporary Use Permit. and/or
the failure to cease activities authorized by such a temporary use permit.
includino the removal of any displays, structures, merchandise.
equipment. sions or banners authorized by said permit. upon expiration,
suspension, or revocation shall establish a violation of this Code and shall
be subiect to the penalties established within this Code.
10. J,. Film Permit.
a. Permit required. A permit shall be required for the following
activities taking place, in conjunction with commercial motion
picture, film, television, video or still photography production: the
use of set scenery, temporary structures or other apparatus,
special effects, or closure of public streets or accessways. This
Code shall not apply to bona fide newspaper, press association,
newsreel or television news media personnel, nor to properties
that have been zoned to allow motion picture/television filming as
a permitted use.
b. Application for permit; contents. Any person, firm, corporation,
association or governmental entity desiring to obtain a permit shall
apply to the County Manager or fHs designee; and said application
shall include but not be limited to the following7~
i. Name, address (including local address) and telephone
number of applicant.
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ii. Proof of comprehensive general liability insurance
coverage in the amount of at least $1,000,000.00
combined single limit, with Collier County named as an
additional insured. The applicant shall provide to the
County Manager or ffis designee a certificate of insurance
evidencing that said insurance is in effect and certifying
that Collier County be given 30 days' notice prior to the
expiration or cancellation of the policy.
iii. Special effects to be utilized, especially incendiary or
explosive devices, with proof of not less than
$5,000,000.00 comprehensive general liability insurance
combined single limit with Collier County listed as
additional insured. In addition, the application shall list the
person in charge (pyrotechnician) of such special effects,
together with his qualifications and license from the
applicable federal and/or state agencies, and authorization
from the local fire district permitting the event.
iv. Locations, dates and hours of filming.
v. The following information is required by the County
Manager or ffis designee, unless waived:
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c. Insurance requirements. The applicant shall maintain in force at
all times during the permit period, a comprehensive general
liability policy with limits other than those described in sections
10.02.06 G.3.b.ii. and b.iii. above of this Code as determined by
the risk management director upon a review of the particular
circumstances involved. Said applicant shall provide to the County
Manager or ffi&-designee a certificate of insurance as evidenced
that said insurance is in existence and certifying that Collier
County is a named insured, and that Collier County be given 30
days' notice prior to the expiration or cancellation of the policy.
Any additional insurance requirements for filming on private
property will be at the discretion of the affected property owner.
d. Indemnification. The applicant shall be required to indemnify and
hold harmless Collier County, its officers, agents and employees
from and against all claims, suits, actions, damages, liabilities,
expenditures or causes of action arising out of or occurring during
the activities of applicant under a permit issued hereupon in the
form and manner provided by the County Manager or ffis
designee.
e. Permit fee. No permit fee shall be required. Any additional license
or user fees which have been established for county-owned land
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or facilities shall be in effect.
f. Issuance of permit. Upon presentation of the completed
application, proof of insurance, payment of permit fee, surety bond
or cash payment in lieu of the bond and review by the County
Manager or R-i& designee, the permit may be issued. If the County
Manager or R-i& designee determines that the use of public or
private property could affect the public's use of the property, or
have potential adverse impacts on surrounding properties, then
he/she may require that the permit application be scheduled for a
public hearing before the Board of County Commissioners. The
special circumstances could include, but are not limited to, closure
of a public street or accessway; use of special effects, including
incendiary or explosive devices; a large production crew or crowd
control; and increased liability insurance required. The notice for
the public hearing shall be advertised in a newspaper of general
circulation in the county at least 1 time 15 days prior to the
hearing.
g. Suspension of permit. Failure to comply with the terms and
conditions of the temporary use permit once issued shall be
grounds for immediate suspension of the permitted activity until
such time as the noncompliance is remedied. The suspension
shall be initially communicated verbally, followed by a written
suspension order; and continued failure to comply with the terms
and conditions of the permit may result in revocation of the permit.
h. Costs for extraordinary services. The county shall recover direct
costs for extraordinary services rendered in connection with a
production. Such costs shall include, but not be limited to, charges
for personnel and/or equipment committed in support of the
production which are outside the normal scope of government
services. Based on the information contained in the permit
application, an estimate of these costs will be provided to the
applicant prior to issuance of this permit. The county may require
prepayment of all or a portion of these estimated costs prior to
issuance of the permit. At the conclusion of the production, actual
costs below or in excess of the estimates will be refunded by the
county or paid by the applicant, respectively.
i. Surety bond. A surety bond in an amount to be determined by
Collier County and issued by a company authorized to issue
bonds in Florida or cash payment in lieu of the bond may be
required by the County Manager or R-i& designee to provide for
cleanup and/or restoration of the subject site(s).
4:- Tempor3ry sports events, religious events, 3nd community events
3. In the case of sports events, religious e'lents, community events,
or other simil3r events sponsored by profit, nonprofit, charit3ble,
ci'.'il, or membership organiz3tions the County M3n3ger or his
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designee may grant nonrenev.'able permits of up to two 'Neeks'
duration, such that during any calendar year the sum total of all
permits for such e'/ents does not exceed 28 days. Temporary
permits may be allO'....ed for an additional period of up to four
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 as conditions to the
issuance of said permits; and the permittee shall be required to
sign a notarized agreement to said stipulations or constraints.
b. Temporary permits may, in support of the use being permitted,
include the placement of signs, merchandise, structures and
equipment, and a mobile home as an office, but not for
residency. If the temporary use is not discontinued upon expiration
of the permit, it shall be deemed a '.'iolation of the Land
development Code and shall be subject to the penalties therein.
c. Temporary permits in this category shall be restricted to those
zoning districts in which the use would normally be pormitted,
unless otherwise approved by the board of county commissioners
via a public petition request.
d. The County Manager or his designee shall accept '.vithout fee,
temporary use permit applications for sports e'.'ents, religious
events, community events, or other similar events, upon
presentation of documentation that the sponsor of the event is a
bona fide nonprofit organization and the event is intended to
benefit the community at large, a specific group of individuals, or
the bona fide nonprofit organization. Two such events per
calendar year per organization are eligible for this exemption.
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I. Vehicle on the beach regulations.
1. Unlawful to drive on sand dunes or beach or to disturb sand dune.
It shall be unlawful:
a. To operate or cause to be operated a hand-, animal-, or engine-
driven wheel, track or other vehicle or implement on, over or
across any part of the sand dunes, hill or ridge nearest the gulf, or
the vegetation growing thereon or seaward thereof, or to operate
or drive such a vehicle on the area seaward thereof, commonly
referred to as !!the beach" within Collier County, Florida.
b. To alter or cause to be altered any sand dune or the vegetation
growing thereon or seaward thereof; make any excavation,
remove any material, trees, grass or other vegetation or otherwise
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alter existing ground elevations or condition of such dune without
first securing a permit as provided for in this Code.
2. Exceptions; permit. All permits to allow operation of vehicles on county
beaches shall expire on April 30, of each year, to coincide '.\lith the
beginning of se3 turtle nee;ting season be subiect to the followino. Ouring
sea turtle nesting season, May 1 through October 31, of each year, all
permits shall be subject to section 10.02.06 1.3 below. Permits issued in
accordance with this section shall be valid for the time the vehicle is used
for its permitted function and shall be prominently displayed on the
windshield of such vehicle and kept with the vehicle and be available for
inspection. Permits issued for construction vehicles enoaoed in beach
nourishment. inlet maintenance, and oeneral construction activities shall
expire on April 30 of each year, to coincide with the beoinnino of sea
turtle nestino season. Vehicle on the beach permits are not transferable.
a. Sheriff, city, state and federal police, emergency services, 3nd the
Florida Fish and Wildlife Conservation Commission vehicles
operated or authorized by officers of these departments operating
under orders in the normal course of their duties, and oovernment
entities respondino to emeroency situations, shall be exempt from
the provisions of this section.
b. Vehicles which must travel on the beaches in connection with
environmental maintenance, conservation, environmental work,
and/or for purposes allowed by Collier County Ordinance No. 89-
16, providing that the vehicle(s) associated with the permitted
uses of Collier County Ordinance No. 89-16 remain stationary,
except to access and egress the beach, shall be exempt from the
provisions of this section if a permit has been obtained from the
environment31 servicee; dep3rtment diroctor or his County
Manaoer or designee, 3nd s3id [permit] is prominently die;played
on the windshield of such vehicle 3nd kept with the vehicle and
3v3il3ble for inspection. The procedure for obtaining such a permit
shall be by application on the form prescribed by Collier County te
the environmental servicee; dep3rtment director in writing stating
the reason or reasons why it is necessary for such vehicle or
vehicles to be operated on the beaches in connection with an
environmental maintenance, conservation, environmental purpose
and/or for purposes allowed by Collier County Ordinance No. 89-
16, taking into consideration the vehicular use restriction
previously stated as a criterion for an exception, and permit for
such vehicle or vehicles sh311 be issued by the environment31
services dep3rtment director if the en'lironment3/ services
dep3rtment director if the County Manaoer or desionee is satisfied
that a lawful and proper environmental maintenance,
conservation, environmental purpose and/or purpose as described
above and allowed by Collier County Ordinance No. 89-16 will be
served thereby. All permits issued are subiect to the followino
conditions and limitations:
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h All vehicles shall be equipped with tires havino a maximum
oround-to-tire pressure of ten PSI (pounds per square
inch), as established by the Standard PSI Formula
provided below. Calculations for tire pressure usino the
standard formula shall be included with each permit
application.
PSI = vehicle weioht (Ibs) + equipment (includino
maximum debris load for beach rakino equipment and
rider weioht (Ibs) / total tire footprint (square inches)
c. Baby buggies (perambulators), toy vehicles, toy wagons,
wheelchairs or similar devices to aid disabled or non-ambulatory
persons and hand pulled or pushed carts/dollies/hand trucks or
similar type equipment for personal use shall be exempt from the
provisions of this section.
d. Vehicle-on-the-beach permits issued in conjunction with special or
annual beach events, in conjunction with permanent concession
facilities, or for other routine functions associated with permitted
uses of commercial hotel property. Vehicles which are used in
conjunction with functions on the beach, are exempt from the
provisions of this section if a vehicle-on the-beach permit has
been granted by the County Manager or designee. All permits
issued are subject to the following conditions and limitations:
i. The use of vehicles shall be limited to set-up and removal
of equipment for the permitted function.
ii. Said permits shall be prominently displayed on the vehicle
and kept with the vehicle and available for inspection.
iii. The types of vehicles permitted for this use may include
A TVs, non-motorized handcarts or dollies, and small utility
wagons, which may be pulled behind the A TVs.
iv. All vehicles shall be equipped with large pnoum:ltic tires
having a maximum ground-to-tire pressure of ten PSI
(pounds per square inch), as established by the Standard
PSI Formula. Calculations for tire pressure using the
standard formula shall be included with each permit
application.
v. Permits shall only be issued for ATVs when en'Jironment:l1
services dep:lrtmont st:lff the County Manaoer or desionee
has determined that: 1) evidence has been provided that
there is a need to move equipment, which, due to the
excessive weigh and distance of equal to or greater than
200 feet, would be prohibitive in nature to move with, push
carts or dollies; or 2) a limited designated work area has
been established at the foot of the dune walkover for
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loading and unloading and the A TV use is restricted to that
limited identified area.
vi. When not in use all vehicles shall be stored off the beach.
vii. Ouring sea turtle nesting season, the following shall apply:
1) no vehicle may be used on the beach until after
completion of daily sea turtle monitoring conducted by
personnel with prior experience and training in nest
surveys procedures and possessing a valid Fish and
Wildlife Conservation Commission Marine Turtle Permit; 2)
there shall be no use of vehicles for set up of chairs or
hotel or commercial beach equipment, etc. until after the
beach has been monitored; 3) one ingress/egress corridor
onto and over the beach, perpendicular to the shoreline
from the owner's property, shall be designated by the
Collier County Environmental Services Oep:lrtment (ESO)
County Manaoer or desionee; additional corridors may be
approved when appropriate and necessary as determined
by the €SQ County Manaoer or desionee; a staging area
may be approved for large events as determined by the
€SQ County Manaoer or desionee and 4) except for
designated corridors, all motorized vehicles shall be
operated below the mean high water line (MHW), as
generally evidenced by the previous high tide mark. If at
anytime €SQ the County Manaoer or desionee determines
that the designated corridor may cause adverse impacts
to the beach, nesting sea turtles, or the ability of hatchlings
to traverse the beach to the water, an alternative corridor
shall be designated. If no alternative is available, as
determined by the €SQ County Manaoer or desionee, the
vehicle-on-the-beach permit may be suspended for the
remaining period of the sea turtle season.
\4h. viii. These vehicles may not be used for transportation of
people or equipment throughout the day. The permit shall
designate a limited time for equipment set up and for the
removal of the equipment at the end of the day.
e. Permit for construction (excluding beach re-nourishment and
maintenance activities). Prior to beginning construction in
proximity to a sand dune for any purpose whatsoever, including
conservation, a temporary protective fence shall be installed a
minimum of ten feet landward of the dune. It shall be unlawful to
cause or allow construction and related activity seaward of such
fence. Each permit for work shall clearly indicate the provisions of
this Code and the protective measures to be taken and shall be
subject to the provisions of section 10.02.061.3.
1. Beach raking and mechanical beach cleaning.
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i. Beach raking and mechanical beach cleaning shall be
prohibited on undeveloped coastal barriers unless a state
permit is obtained.
ii. Beach raking and mechanical beach cleaning must
comply with the provisions of section 10.02.06 I. of this
Chapter.
iii. Beach raking and mechanical beach cleaning shall not
interfere with sea turtle nesting, shall preserve or replace
any native vegetation on the site, and shall maintain the
natural existing beach profile and minimize interference
with the natural beach dynamics and function.
iv. Beach raking and mechanical cleaning shall not occur
below MHW on the wet sand area of beach which is
covered by high tide and which remains wet during low
tide. Bseach raking and mechanical beach cleaning shall
not operate or drive within 15 feet of dune vegetation and
endangered plant and animal communities, including sea
turtle nests. Surface grooming equipment that does not
penetrate the sand may operate or drive to within ten feet
of dune vegetation and endangered plant and animal
communities, including sea turtle nests.
v. Beach raking and mechanical beach cleaning devices
shall not disturb or penetrate beach sediments by more
than the minimum depth necessary, not to exceed two
inches, in order to avoid a potential increase in the rate of
erosion.
vi. Vehicles with greater than ten psi ground to tire pressure,
shall not be used to conduct beach raking. Vehicles with
less than ten psi ground to tire pressures, in conjunction
with the attachment of a screen, harrow drag or other
similar device used for smoothing may be used to conduct
beach raking upon approval of the ESQ-County Manaoer
or designee.
vii. Mechanical beach cleaning involving sand screening or a
combination of raking and screening shall only be
conducted on an "as needed" basis as determined by the
public utilities engineering dep:lrtment :lnd the
environment:ll services dep:lrtment County Manaoer or
desionee. Necessity will include when large accumulations
of dead and dying sea-life or other debris remains
concentrated on the wrack-line for a minimum of two tidal
cycles following a storm event, red tide or other materials
which represent a hazard to public health.
g. Vehicles associated with beach nourishment and inlet
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maintenance.
i. Heavy equipment used in conjunction with beach
nourishment, inlet maintenance, to accomplish FOEP
permit requirements, or other unusual circumstance as
determined by the COES 3dministrotor County Manaoer or
desionee, which cannot meet the standard PSI, will require
compaction mitigation. Mitigation shall be accomplished by
tilling to a depth of 36 inches or other FOEP approved
methods of decreasing compaction. Beach tilling shall be
accomplished prior to April 15 following construction and
for the next two years should compaction evaluations
exceed state requirements.
ii. Utilization of equipment for the removal of scarps, as
required by FOEP, shall be limited to an ingress/egress
corridor and a zone parallel to the MHW. Scarp removal
during sea turtle season shall have prior FOEP approval
and coordinated through the FOEP, FWCC, CCESO the
County Manaoer or desionee, and the person possessing
a valid Fish and Wildlife Conservation Commission Marine
Turtle Permit for the area.
iii. No tilling of the beaches shall occur during sea turtle
nesting season.
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SUBSECTION 3.SS. AMENDMENTS TO SECTION 10.02.07 SUBMITTAL REQUIREMENTS
FOR CERTIFICATES OF PUBLIC FACILITY ADEQUACY
Section 10.02.07 Submittal Requirements for Certificates of Public Facility Adequacy, of
Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended
to read as follows:
10.02.07 Submittal Requirements for Certificates of Public Facility Adequacy
No building or land alteration permit or certificate of occupancy shall be issued
except in accordance with the Collier County Adequate Public Facilities Ordinance, Ord.
No. 90-24 (Chapters 3, 6 and 10 of this Code) and Rule 9J-5.0055, F.A.C. Regulatory
program: Review of development to ensure adequate public facilities are available,
including the Transportation Concurrency Management System and the Public School
Facilities Concurrency.
A. General. In order to ensure that adequate potable water, sanitary sewer, solid
waste, drainage, park, school and road public facilities are available concurrent
with when the impacts of development occur on each public facility, Collier
County shall establish the following development review procedures to ensure
that no development orders subject to concurrency regulation are issued
unless adequate public facilities are available to serve the proposed
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development.
B. Exemptions. The following' development orders and development shall be
exempt from the terms of this section:
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6. For public school facilities, the followino shall be exempt from the terms of
this section.
a. Sino Ie family and mobile home lots of record, existino as of
October 14. 2008, the effective date of the public school
concurrency aoreement under the 2008 Interlocal Agreement
between Collier County and the Oistrict School Board of Collier
County.
b. Any new residential develooment that had a final subdivision
plat or site develooment plan approval as of the effective date of
school concurrency. October 14, 2008.
c. Any amendment to any previously approved residential
develooment order that does not increase the number of
dwelling units or chanoe the dwelling unit type (e.o., single
family to multi-family).
d. Aoe-restricted communities with no permanent residents under
the aoe of 18 years. Exemption of an aoe-restricted community
will be subiect to a restrictive covenant limitino the aoe of
permanent residents to 18 years and older.
e. All new residential subdivision plats and site develooment olans
or amendments to previously approved residential develooment
orders, which are calculated to oenerate less than 1 student.
1. Develooment that has been authorized as a Develooment of
Reoional Impact (OR!) pursuant to Ch. 380, F.S. as of July 1,
2005.
e 7. Developments that claim vested status from the Growth Management
Plan adopted January 10, 1989 and its implementing regulations, and
properly obtains, a determination of vested rights for a certificate of public
facility adequacy in accordance with the provisions of this section, as
follows:
a. Application. An application for determination of vested rights for a
certificate of public facility adequacy shall be submitted in the form
established by the Community Oevelopment and Environmental
Services Oivision Administrator. An application fee in an amount
to be determined by the Board of County Commissioners shall
accompany and be part of the application. The application shall, at
a minimum, include:
i. Name, address, and telephone number of the owner and
authorized applicant if other than the owner;
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ii. Street address, legal description, and acreage of the
property; and
iii. All factual information and knowledge reasonably available
to the owner and applicant to address the criteria
established in subsection 10.02.07 B.eZ.g. of this Code.
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c. Review and determination or recommendation by Community
Development and Environmental Services Division Administrator
and the County Attorney. After receipt of a completed application
for determination of vested rights for a certificate of public facility
adequacy, the Community Oevelopment and Environmental
Services Oivision Administrator and the County Attorney shall
review and evaluate the application in light of all of the criteria in
subsection 10.02.07 B. e Z. g. Based on the review and
evaluation, the Community Oevelopment and Environmental
Services Oivision Administrator and the County Attorney shall
prepare a written recommendation to the hearing officer that the
application should be denied, granted or granted with conditions
by the hearing officer. Such recommendation shall include findings
of fact for each of the criteria established in subsection 10.02.07
B.eZ.g. to the extent that information is represented or obtained or
inclusion feasible or applicable. If the Community Oevelopment
and Environmental Services Oivision Administrator and the
County Attorney agree based on the review and evaluation that
the application for determination of vested rights for a certificate of
public facility adequacy so clearly should be granted or granted
with conditions, then they may enter into a written stipulated
determination of vested rights for a certificate of public facility
adequacy with the owner, in lieu of the written recommendation to
the hearing officer and the provisions in subsections 10.02.07
B.eZ.d., 10.02.07 B.eZ.e. and 10.02.07 B.eZ.f. however, any such
stipulated determination shall be in writing, signed by the
Community Oevelopment and Environmental Services Oivision
Administrator, the County Attorney and the owner, and shall
include findings of fact based on the criteria established in
subsection 10.02.07 B.eZ.g., conclusions of law for such criteria,
and the determination granting or granting with conditions, in
whole or in part, the vested rights for adequate public facilities.
d. Review and determination of vested rights determination for a
certificate of public facility adequacy by hearing officer. Upon
receipt by the hearing officer of the application for determination of
vested rights for a certificate of public facility adequacy and the
written recommendation of the Community Oevelopment and
Environmental Services Division Administrator and the County
Attorney, the hearing officer shall hold a public hearing on the
application. At the hearing, the hearing officer shall take evidence
and sworn testimony in regard to the criteria set forth in
subsection 10.02.07 B.eZ.g. of this Code, and shall follow the
rules of procedure set forth in F.S. 9 120.57(1)(b), 4, 6, 7, and 8;
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F.S. ~ 120.58(1)(a),(d) and (f); and F.S. ~ 120.58(1)(b), only to the
extent that the hearing officer is empowered to swear witnesses
and take testimony under oath. The hearing officer shall follow the
procedures established for administrative hearings in Rules 60Q-
2.009,2.017,2.020,2.022,2.023,2.024,2.025,2.027, and 2.031,
F.A.C. except as expressly set forth herein. The parties before the
hearing officer shall include the county, the owner or applicant,
and the public. Testimony shall be limited to the matters directly
relating to the standards set forth in subsection 10.02.07 B.&'-Z.g.
of this Code. The County Attorney shall represent the county, shall
attend the public hearing, and shall offer such evidence as is
relevant to the proceedings. The owner of the property and its
authorized agents, may offer such evidence at the public hearing
as is relevant to the proceedings and criteria. The order of
presentation before the hearing officer at the public hearing shall
be as follows: 1) the county's summary of the application, written
recommendation, witnesses and other evidence; 2) owner or
applicant witnesses and evidence; 3) public witnesses and
evidence; 4) county rebuttal, if any; and 5) applicant rebuttal, if
any.
e. Issuance of vested rights determination for a certificate of public
facility adequacy by hearing officer. Within 15 working days after
the completion of the public hearing under subsection 10.02.07
B.&'-Z.g. of this Code the hearing officer shall consider the
application for determination of vested rights for a certificate of
public facility adequacy, the recommendation of the Community
Oevelopment and Environmental Services Oivision Administrator
and the County Attorney, and the evidence and testimony
presented at the public hearing, in light of all of the criteria set
forth in subsection 10.02.07 B.eZ.g. of this Code, and shall deny,
grant, or grant with conditions the application for determination of
vested rights for a certificate of public facility adequacy for the
property or properties at issue. The determination shall be in
writing and shall include findings of fact for each of the applicable
criteria established in subsection 10.02.07 B.eZ.g. of this Code,
conclusions of law for each of such criteria, and a determination
denying, granting, or granting with conditions, in whole or in part,
the vested rights for adequate public facilities.
f. Appeal to the Board of County Commissioners. Within 30 days
after issuance of the hearing officer's written determination of
vested rights for a certificate of public facility adequacy, the
County Attorney, the Community Oevelopment and Environmental
Services Oivision Administrator, or the owner or its authorized
attorney or agent, may appeal the determination of vested rights
for a certificate of public facility adequacy of the hearing officer to
the Board of County Commissioners. A fee for the application and
processing of an owner-initiated appeal shall be established at a
rate set by the Board of County Commissioners from time to time
and shall be charged to and paid by the owner or its authorized
agent. The Board of County Commissioners shall adopt the
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hearing officer's determination of vested rights for a certificate of
public facility adequacy, with or without modifications or
conditions, or reject the hearing officer's determination of vested
rights for a certificate of public facility adequacy. The Board of
County Commissioners shall not be authorized to modify or reject
the hearing officer's determination of vested rights for a certificate
of public facility adequacy unless the Board of County
Commissioners finds that the hearing officer's determination is not
supported by substantial competent evidence in the record of the
hearing officer's public hearing or that the hearing officer's
determination of vested rights for a certificate of public facility
adequacy is contrary to the criteria established in subsection
10.02.07 B.eZ.g. of this Code.
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h. Limitation on determination of vested rights for a certificate of
public facility adequacy. A determination of vested rights for a
certificate of public facility adequacy which grants an application
for determination of vested rights for a certificate of public facility
adequacy shall expire and be null and void unless construction is
commenced pursuant to a final development order, final
subdivision plat, or final site development plan, within 2 years
after the issuance of the determination of vested rights for a
certificate of public facility adequacy under subsection 10.02.07
B.eZ.g. or unless substantial permanent buildings have been, or
are being constructed or installed pursuant to a valid, unexpired,
final development order of Collier County within 2 years after
issuance of the determination of vested rights for a certificate of
public facility adequacy under subsection 10.02.07 B.eZ.g., and
such development pursuant to a final development order, final
subdivision plat, final site development plan, final subdivision
master plan, or planned unit development master plan is
continuing in good faith. The aforementioned 2-year time limitation
on the determination of vested rights for a certificate of public
facility adequacy shall be stayed during any time periods within
which commencement of construction pursuant to a final
development order, final subdivision plat, or final site
development plan is prohibited or deferred by the county solely
as a result of lack of adequate public facilities to serve the
property, pursuant to this section.
C. Certificate of public facility adequacy.
1. General.
a. ^ certific3te of public f30ility 3dequ3cy (COA) shall be issued
conourrently with the appro'.'31 of the next to oocur final 10&31
de\'elopment order. At the time a oertificate of public f30ility
3dequaoy is issued, fifty percent of the estimated transportation
imp3ct fees must be p3id into the 3pplioable trust fund pursu3nt to
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10.02.07 C.1.e., :md such funds will be immediately 3'/ailable for
3ppropriation to implement capit31 road facility impro'Jements,
a. Payment of road impact fees to obtain a certificate of adeauate
public facilities.
L A five-year temporary certificate of public facility adequacy
(COA) shall be issued concurrent with the approval of the
next to occur final local development order. At the time a
temporary certificate of public facility adequacy is issued,
20% of the estimated payment based on the impact fee
rate in effect at the time of the pre-approval letter will be
due and deposited into the applicable impact fee trust
fund. The funds will then be immediately available for
appropriation by the Board of County Commissioners for
transportation capital improvements, except that for those
non-residential (Le., typically commercial or industrial)
developments otherwise required to obtain approval of an
SOP prior to the issuance of a building permit, applicants
for a final subdivision plat may elect to:
h ~ comply with the applicable regulations of this
section as to one or more of the lot(s) of the FSP
and obtain a COA specifically for just that lot or
lots at a specified intensity of development; or
ih Ql delay submitting a TIS and obtaining a COA for all
of the proposed lots, or just those remaining lots
not then already complying with this section, until a
required SOP is applied for and the terms of this
section are then complied with including payment of
estimated transportation impact fees.
The subject development is not allocated any available
road system capacity or considered eligible to be vested
for transportation concurrency purposes, however, until
approval of a TIS, payment of aG% estimated
Transportation Impact Fees in accordance with this
subsection, and issuance of a COA in accordance with
Chapters 3, 6, and 10 of this Code and Rule 9J-5.0055,
F.A.C.
Final calculation of impact fees due will be based on the
intensity of development actually permitted for
construction and the impact fee schedule in effect at the
time of the buildina permit(s) application, such that
additional impact fees may be due prior to issuance of the
buildina permit(s). The balance of transportation impact
fees shall be paid in four additional annual installments of
20%, beoinnino one year after the initial 20% payment.
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!!.:. Impact fees for all other Cateoorv "A" capital improvements
will be paid at the time of issuance of building permits at
the rate then currently applicable.
Hi. At the time a temporary COA is issued, and the first 20% of
the estimated payment is paid, the aoolicant will deposit
with the County sufficient security, the form of which has
been approved by the Board of County Commissioners, for
a term of four years, in an amount equal to the 20%
payment.
iv. Upon payment of 100% of the estimated impact fees, the
certificate will be issued in perpetuity and the dedicated
security will be released. No further advance payments will
be due once actual road impact fees are paid equal to the
initial estimated impact fees.
v. Once the initial 20% of the estimated payment has been
paid, the security has been deposited with the County, and
a temporary COA has been issued, failure to submit the
remainino additional installments in accordance with the
provisions of this subsection shall result in the followino:
a) Upon failure to cure followino 10 days written
demand, the County will exercise its payment riohts
to the dedicated security: and
b) The matter will be referred to the Board of County
Commissioners for review. Absent the Board
findino exceptional circumstances, the temporary
certificate of public facility adequacy shall be
revoked.
vi. For those develooments that have secured a three-year
COA, in order to extend the vestino period for an additional
five years, the balance of the estimated transportation
impact fees. based on the impact fee rate in effect at the
time of the pre-approval letter, must be paid in five
additional annual installments of 20% with the first
payment beino made prior to the expiration date of the
three-year certificate. For those develooments that have
secured a three-year certificate that has expired, in order
to extend the vestino period for an additional five years.
the balance of estimated transportation impact fees based
on the impact fee rate in effect at the time of the pre-
approval letter must be paid in five additional annual
installments of 20%. with the first payment beino made
within 30 days of the effective date of this Ordinance. At
the time the first 20% of the estimated payment is paid, the
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applicant will deposit with the County sufficient security,
the form of which has been approved by the Board of
County Commissioners, for a term of four years, in an
amount equal to the 20% payment. Upon payment of
100% of the balance of the estimated impact fees, the
certificate will be issued in perpetuity and the dedicated
security will be released. No further advance payments will
be due once actual road impact fees are paid equal to the
balance of the estimated transportation impact fees. Once
the first additional annual installment has been paid, the
security has been deposited with the County, and a
temporary COA has been issued, failure to submit
payment in accordance with the provisions of this
subsection shall result in the followino:
a) Upon failure to cure followino 10 days written
demand, the County will exercise its payment riohts
to the dedicated security; and
b) The matter will be referred to the Board of County
Commissioners for review. Absent the Board
findino exceptional circumstances, the temporary
certificate of public facility adequacy shall be
revoked.
vii. Offsets for road impact fees assessed to buildino permits
for impact fees paid in accordance with this subsection, as
well as any remainino balance of payments related to the
orioinal three-year certificate, will be applied equally to the
new or remainino units or square footaoe and will run with
the subiect land.
viii. This provision is to be read in coniunction with section 74-
302(h) of the Collier County Code of Laws and
Ordinances.
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c. Where the proposed development has been issued final
subdivision plat approval or final site development plan
approval prior to the effective doto of this section, i.o., on or about
November 3, 1993, a certificate of public facility adequacy shall be
obtained prior to approval of the next development order
required for the proposed development.
d. Estimotod tronsportotion impact foes for 0 development shall bo
poid into the opplicoble impoct fee trust fund in the omount
estimoted to be due upon issuance of the final IOGal
development order(s) f{)r the developmeRt upon or prior to
issuonce of 0 certificote of public facility odequacy f{)r the
development.
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Oe'lelopments that have paid estimated impact fees for all
Category "1\" facilities prior to February 6, 2003, and which elect to
come under the provisions of this section may make payment of
estimated impact fees into the applicable transportation impact fee
trust fund such that previously paid estimates may be applied as a
credit towards the impact fees calculated and due as a
prerequisite to the issuance of the final local development order(s)
for the development. If the developer does not elect to come
under the provisions of this di'.'ision, impact fees paid into the
impact fee escrow trust fund prior to February 6, 2003, shall be
refundable upon written request to the County Manager or
designee accompanied by the surrender of the original certificate
of public facility adequacy obtained prior to issuance of final local
development order(s) for the development. Fees paid into
applicable impact fee trust accounts as a prerequisite to the
issuance of final local development order(s) prior to February 6,
2003, in accordance '.\lith the applicable consolidated impact fee
regulations in Chapter 7<1 of the Code of Laws and Ordinances
shall be refundable pursuant to the provisions of such regulations
upon written request to the Finance Oirector, Clerk of Courts.
e-:- d. Assessment and application of transportation impact fees and
surrender of certificate of public facility adequacy. Within gO days
of written notification Upon notice by facsimile or other approved
electronic format that an application for a final local development
order and a certificate Ra&-have been approved and. a certificate
issued, or prior to expiration of the temporary, 1-year capacity
reservation previously secured by the applicant upon the
County's acceptance of the TIS pursuant to section 10.02.07
C.4.f., provided said capacity reservation has more than gO days
remaining, whichever of the 2 occurs later, an applicant may pick
up the certificate upon payment of 1/2 (50 percent) of the
estimated transportation impact fees due in accordance with
section 10.02.07 C.1.a. Such estimates shall be based on the
currently approved transportation impact fee rate schedule. If the
certificate is not picked up within the timeline set forth above and
the applicable estimated transportation impact fees paid, the
application will be deemed denied and the applicant must reenter
the application process from the beginning. certificate will be
voided. In such a case, the applicant shall then. be required to
apply for an extension of the capacity reservation in accordance
with section 10.02.07 C.4.f. If the size of the residential units is not
known at the time of payment. the t+ransportation impact fees for
residential development will be estimated using the fee based on
the mid-range housing size,.:. unless the residential use qualifies ::lS
affordable housing. J.ffordable housing estimated
tr::lnsport::ltion imp::lct fees shall be based on the income
limitations for affordable housing in force at the time of a
certificate of public facility ::ldequacy application. Addition::llly,
previously 'lested de':elopments m::lY, pursu::lnt to section
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10.02.07 C.1. elect to h::l'Je escrov.1ed fees applied :lgainst the 1.'2
(50 percent) of ee:tim:lted tr:lnsportation impact fees. P:lyment of
these fees vee:ts the develapment entitle mente: for which the
certificate of public f:lcility adequacy certific:lte :lpplies on :l
continuous b:le:is unless relinquie:hed pursuant to the requiremente:
of this section prior to the end of the third year :lfter the initbl
impact fee payment. The initial 50 percent impact fee payment is
Road impact fees paid to obtain a certificate of adequate public
facilities are non-refundable after payment and receipt of the
certificate of public facility adequacy certificate.
Not later than 45 days prior to the due date of the next to occur
annual installment for certificates issued subsequent to the
effective date of this amendment. or nWot later than 90 days prior
to the expiration of the 3 year period for ~certificates issued
prior to the effective date of this amendment, the county shall
notify the certificate holder vb registered then current owner via
certified mail of the amount due calculated in accordance with
section 10.02.07 C.1.a. remaining b:llance due for the estim:lted
transportation imp:lct fees up to 50 percent, b:lsed on the level of
building permits already ie:sued. The bal:lnce of the impact feee:
due will be calculated :It the r:lte schedule then currently
:lpplic:lble. The developer m:lY elect to pay the b:llance of the
estimated transport:ltion impact fees for the entitlemente: f-or which
the certificate :lpplies or modify the certific:lte to :l lesser
entitlement and calculate the balance of the transportation impact
feee: on the revised entitlemente:. The certificate of public f:lcility
:ldequ:lcy sh:lll be modified to include only the entitlements for
INhich the estimated tr:lne:portation impact fees are paid. The
expiration d:lte f-or the rem:lining, up to 50 percent, b:llance of the
estimated tr:lne:port:ltion imp:lct feee: due from a previoue:ly vee:ted
develapment that opts into the re'Jised concurrency certific:lte
procee:e: :le: pro'.'ided in section 10.02.07 C.1. of thie: Code, will
relate b:lck to the date of ise:u:lnce of the origin:ll certific:ltes.
Once the bal:lnce of the estimated tr:lnsport:ltion impact fees :lre
p:lid, thoe:e estimated feee: :lre non refundable. However, the
certific:lte of public facility :ldequacy runs continuously with the
l:lnd in perpetuity :lfter :lll estim:lted tr:lne:port:ltion impact fees
have been p:lid. As building permits :lre drawn down on the
entitlements, the estimated tr:lnsport:ltion impact fees :llre:ldy
p:lid shall be debited :It the rate of the impact fees in effect at the
time of utiliz:ltion. If the estimated transportation impact fee
account becomes depleted, the developer shall pay the currently
applicable transportation impact fee for each building permit in
full prior to its issuance. In the event that upon build-out of the
development estimated transportation impact fees are still
unspent, the remaining balance of such estimated fees may be
transferred to another approved project within the same, or
adjacent, transportation impact fee district, provided any vested
entitlements associated with the unspent and transferred
transportation impact fees are relinquished and the certificate of
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public facility adequacy is modified to delete those entitlements.
2. Rules of general applicability for certificate of public facility adequacy.
Certificates of public adequacy issued for roads under section 10.02.07
C.1. of this Code will remain in effect until the expiration date of the
certificate subsequent to the [effective d:Jte of this section's :Jmendmont]
will run in perpetuity provided provisions of subsection 1 0.02.07 C.1.~ d.
of this Code are met and that annual mid-year monitoring reports are filed
which comply with section 10.02.07 C.1. of this Code and all developer
requirements established during zoning or as part of a developer
contribution agreement are completed or are being constructed consistent
with the current development infrastructure improvement construction
commitment schedule.
a. Timing. An application for a certificate of public facility adequacy
may only be submitted as part of an application for a final local
development order subject to section 10.02.07 C.1. of this Code.
b. Impact Fees. A complete application for a certificate of public
facility adequacy will include the calculation of the total amount of
transportation impact fees estimated to be due by the applicant
on the development for which a final local development order
application has been submitted. Impact fee calculations will be
reviewed and the amount estimated to be paid pursuant to section
1 0.02.07 C.1.~ d. of this Code finally determined by the impact
fee coordinator. One h:Jlf (50 percent) of the estimated payment
Payment in accordance with Section C.1.a. will be due at the time
of notification of approval of the final local development order
and will be deposited into the applicable impact fee trust fund and
will be immediately available for appropriation by the Board of
County Commissioners for transportation capital improvements.
Final calculation of impact fees due will be based on the intensity
of development actually permitted for construction and the impact
fee schedule in effect :Jt the time of the issuance of builEfing
permit(s) rate then currently applicable; such that additional
impact fees may be due prior to issuance of the building
permit(s). The balance of transportation impact fees shall be due
as provided for in section 10.02.07 C.1 of this Code.
c. Consolidated application. A final local development order shall
receive final approval only to the extent to which the proposed
development receives a certificate of public facility adequacy.
The application for a certificate of public facility adequacy may
only be submitted with an application for final local development
order approval, where appropriate under this section. An
application for a certificate of public facility adequacy will receive
final approval and a certificate will be issued concurrently with
approval of a final local development order as set forth in
section 1 0.02.07 C.1.~ d. of this Code.
d. Assignability and transferability. An approved certificate of public
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facility adequacy shall run with the land associated with the
corresponding development approval, and shall be assignable
within the corresponding land of the approved development, and
shall not be assignable or transferable to other development,
except as may otherwise be provided for under an approved
development agreement. This provision does not preclude the
re-allocation of capacity between lots or parcels comprising the
land that is the subject of the same consolidated application for
development approval so long as the original certificate is
surrendered along with a written request by the then current
owner to re-allocate no more than that certificate's previously
approved capacity in a re-issued certificate.
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4. Procedure for review of application.
a. Submission of applications and fees. The application for a
certificate of public facility adequacy for road facilities only shall be
submitted in duplicate to the Community Oevelopment and
Environmental Services Oivision Administrator. Such applications
shall be submitted at the filing for the next final local
development order as specifically provided for under section
10.02.07 C.1. All other applications for a certificate (i.e., except for
road facilities) shall be submitted at building permit application
310ng with and final payment for any impact fees owed, including
any road impact fees,;" will be due prior to buildino permit
issuance. Application fees in an amount to be determined by the
Board of County Commissioners shall accompany and be part of
the applications.
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e. Approval of certificate; payment for, and cancellation of
certificates. Upon notification by facsimile by the Community
Oevelopment and Environmental Services Oivision Administrator
or Afs designee and the Transportation Services Oivision
Administrator or Afs designee, that an application for a certificate
of public facility adequacy for road facilities has been approved,
1/2 (50 percent) of the e~tim3ted transportation impact fees shall
be paid in accordance with section C.1.a. If the applicant does
not pick up the certificate and pay all applicable transportation
impact fees within 90 d3Y~ of notific3tion by f3c~imile, prior to
expiration of the temporary 1-year capacity reservation previously
secured by the applicant upon the County's acceptance of the
TIS pursuant to section 10.02.07 C.4.f., the certificate will be
voided. In such a case, the applicant shall then be required to
apply for issuance of :] new certific3te an extension of the capacity
reservation in accordance with section 10.02.07 C.4.t. All Collier
County impact fees are due and payable at building permit
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issuance based on the applicable rate structure in effect at the
time the buildino permit application is submitted at th::lt time.
f. Traffic Capacity Reservation for all or part of the proposed
development may be approved and secured at application
pending approval of the final sub-division plat, site development
plan or building permit upon acceptance of the TIS by the
Transportation Administrator as part of a complete Application
Request (AR) deemed sufficient for review for the proposed
development by the COES Oivision. The Transportation
Administrator will notify the applicant of any traffic capacity
reservation via facsimile per section 10.02.07 C.4.c. Traffic
capacity reservations will be awarded to the development upon:
approval of the COA and final development order per section
1 0.02.07 C.4.e.~ payment of road impact fees in accordance with
section 10.02.07 C.1.a. and 10.02.07 C.4.e.; and Proportionate
Share Payment, if applicable, in accordance with section 6.02.01.
Traffic capacity reservations approved under this section will
expire in 1 year, from TIS approval and determination of available
capacity, unless the final local development order for the
development is approved, or the Board approves an extension to
the 1 year time period.
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5. Standards for review of application. The following standards shall be used
in the determination of whether to grant or deny a certificate of public
facility adequacy. Before issuance of a certificate of public facility
adequacy, the application shall fulfill the standards for each public facility
component (potable water, sanitary sewer, solid waste, drainage, parks...
schools and roads).
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o. Public school facilities. The determination of public facility
adequacy for school facilities shall occur only after the School
Oistrict has issued a school capacity availabilitv determination
letter (SCADL) verifyino that capacity is available to serve the
development. Public facility adequacy for school facilities shall be
oranted if any of the followino conditions are met.
i. The necessary facilities and services are in place at the
time a final site development plan or final subdivision
plat is approved;
ii. The necessary facilities and services are under
construction or the contract for such facilities and services
has been awarded, accepted, and duly executed by all
parties, at the time a final site development plan or final
subdivision plat is approved;
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iii. The necessary facilities and services are found in the first.
second or third year of the School Oistrict of Collier
County's Five-Year Capital Improvement Plan; or
iv. The necessary facilities and services are subiect of a
development aoreement to contribute proportionate share
fundino as provided for in Policy 2.4 in the Public School
Facilities Element of the Growth Manaoement Plan or to
construct the needed facilities.
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SUBSECTION 3.TT. AMENDMENTS TO SECTION 10.02.12 RESERVED
Section 10.02.12 Reserved, of Ordinance 04-41, as amended, the Collier County Land
Development Code, is hereby amended to read as follows:
10.02.12 Reserved. Submittal Reauirements for Non-PUD Residential Rezones
A. Submittal of School Impact Analysis (SIA) application for residential proiects.
The applicant shall submit a completed SIA application for the School Oistrict's
review for a determination of school capacity. Refer to section 10.04.09 for SIA
requirements.
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SUBSECTION 3.UU. AMENDMENTS TO SECTION 10.02.13 PLANNED UNIT
DEVELOPMENT (PUD) PROCEDURES
Section 10.02.13 Planned Unit Development (PUD) Procedures, of Ordinance 04-41, as
amended, the Collier County Land Development Code, is hereby amended to read as follows:
10.02.13 Planned Unit Development (PUD) Procedures
A. Application and PUD master plan submission requirements. Applications for
amendments to, or rezoning to.. PUO shall be in the form of a PUO master plan of
development along with a list of permitted and accessory uses and a
development standards table. The PUO application shall also include a list of
developer commitments and any proposed deviations from the Land
Oevelopment Code. The PUO master plan shall have been designed by an urban
planner who possesses the education and experience to qualify for full
membership in the American Institute of Certified Planners; and/or a landscape
architect who possesses the education and experience to qualify for full
membership in the American Society of Landscape Architects, together with
either a practicing civil engineer licensed by the State of Florida, or a practicing
architect licensed by the State of Florida, and shall be comprised, at a minimum,
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of the following elements:
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4. Submittal of School Impact Analvsis (SIA) application for residential
proiects. The applicant shall submit a completed SIA application for the
School Oistrict's review for a determination of school capacity. Refer to
section 10.04.09 for SIA requirements.
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O. Time limits for approved PUOs. For purposes of this section, the word "sunset" or
"sunsetting" shall be the term used to describe a PUO which has, through a
determination made by the planning services department director, not met the
time frames and development criteria outlined in this section of the Code as
applicable. For all PUOs, the owner entity shall submit to the planning services
department director a status report on the progress of development annually
from the date of the PUO approval by the board of county commissioners. The
purpose of the report will be to evaluate whether or not the project has
commenced in earnest in accordance with the following criteria:
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8. PUO time limit extensions. Extensions of the time limits for a PUO may be
approved by the board of county commissioners. An approved PUO may
be extended as follows:
a. Maximum extension: There may be one PUO extension granted
for a maximum of two years from the date of original approval
sunset.
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SUBSECTION 3.W. AMENDMENTS TO SECTION 10.03.05 NOTICE REQUIREMENTS
FOR PUBLIC HEARINGS BEFORE THE BCC, THE PLANNING COMMISSION, THE BOARD
OF ZONING APPEALS, THE EAC, AND THE HISTORIC PRESERVATION BOARD
Section 10.03.05 Notice Requirements for Public Hearings Before the BCC, the Planning
Commission, the Board of Zoning Appeals, The EAC, and the Historic Preservation Board, of
Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended
to read as follows:
10.03.05 Notice Requirements for Public Hearings Before the BCC, the Planning
Commission, the Board of Zoning Appeals, The EAC, and the Historic Preservation Board
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B. Notice and public hearing where proposed amendment would change zoning
classification of land and for conditional uses and variances, for planned unit
development (PUO) rezoning extensions, conditional use extensions and for
small-scale or other site-specific comprehensive plan amendments. In the case
of a small-scale or other site-specific comprehensive plan amendment, an
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application for extension of PUO zoning status or the rezoning of land, to include
re-zonings, conditional uses and variances initiated by other than the Board of
County Commissioners or amendments to planned unit developments, such
provisions shall be enacted or amended pursuant to the following public notice
and hearing requirements by the planning commission and the Board of County
Commissioners as applicable. Small-scale or other site-specific comprehensive
plan amendments, PUO extensions, rezoning, conditional uses, conditional
use extensions and variance petitions initiated by the Board of County
Commissioners or its agencies for county owned land shall be subject to these
provisions.
1. Applications for a PUO extension and a conditional use extension,
whether initiated by the applicant or the BCC, shall only be heard by the
BCC pursuant to the notice and advertising requirements set forth in
sections 10.03.05 B.1 O. and 11. of this Code.
2. In the case of PUO extensions pursuant to sections 10.02.13 0.4.,
10.02.13 0.5.a. and 10.02.13 0.6. of this Code, and conditional use
extensions, a sign shall be posted at least 15 days prior to the date of the
hearing before the BCC and shall conform to the applicable sign
requirements listed below.
a. The sign advising of the PUO extension or conditional use
extension hearing shall be in substantially the following format:
PUBLIC HEARING FOR A PLANNEO UNIT OEVELOPMENT
(PUO) and/or CONOITIONAL USE EXTENSION
TO PERMIT: (set forth alternatives going to the BCC)
OATE:
TIME:
b. THE ABOVE TO BE HELO IN COMMISSIONERS MEETING
ROOM, COLLIER COUNTY GOVERNMENT CENTER, HARMON
TURNER BUILOING, 3301 E. TAMIAMI TRAIL, NAPLES,
FLORIOA,34112.
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F. Public participation requirements for small-scale or other site-specific
comprehensive plan amendments, rezonings, PUD amendments, conditional
uses, Mixed Use Projects (MUPs), variances and parking exemptions.
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2. Written notice of the meeting shall be sent to all property owners who are
required to receive leoal notification from the county pursuant to
subsection 10.03.05 B.10. or 11. Written notice of the meeting shall be
sent to all property owners within 500 feet of the property lines of the land
for which the amendment to zoning is sought. The 500-foot distance shall
be measured from the boundaries of the entire ownership or PUO. For
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properties located within areas of the future land use element of the
growth management plan that are not designated urban, the foregoing
notice requirements apply, except that written notification must be sent to
all property owners within 1,000 linear feet of the subject property. For the
purposes of this requirement, the names and addresses of property
owners shall be deemed those appearing on the latest tax rolls of Collier
county County. The applicant shall provide written notice of the
Neighborhood Information meeting (NIM) to property owners,
condominium and civic associations whose members may be impacted
by the proposed land use changes and who have formally requested the
county to be notified.
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SUBSECTION 3.WW. AMENDMENTS TO SECTION 10.04.00 REVIEW AND ACTION ON
APPLICATIONS FOR DEVELOPMENT ORDERS AND PETITIONS
FOR AMENDMENTS TO THE OFFICIAL ZONING MAP, THE LDC, OR
THE GMP
Section 10.04.00 Review and Action on Applications For Development Orders and Petitions for
Amendments to the Official Zoning Map, the LDC, or the GMP, of Ordinance 04-41, as amended,
the Collier County Land Development Code, is hereby amended to read as follows:
10.04.00 REVIEW AND ACTION ON APPLICATIONS FOR DEVELOPMENT
ORDERS AND PETITIONS FOR AMENDMENTS TO THE OFFICIAL
ZONING MAP, THE LDC, OR THE GMP, AND FOR SCHOOL
CONCURRENCY DETERMINATIONS
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SUBSECTION 3.XX. AMENDMENTS TO SECTION 10.04.09 REQUEST FOR
CONTINUANCE OF PUBLIC HEARING [RESERVED]
Section 10.04.09 Request for Continuance of Public Hearing [Reserved], of Ordinance 04-41, as
amended, the Collier County Land Development Code, is hereby amended to read as follows:
10.04.09 Request for ContinuaAce of PubliG Hearing [Reser\'ed]
School Concurrency Procedures for the Review and Approval of
Residential Subdivision . Plats and Residential Subdivision Plat
amendments: Residential Site Development Plans and Residential Site
Development Plan amendments.
A. Oefinitions Applicable to School Concurrency Reviews.
Adiacent Concurrencv Service Areas: Concurrency Service Areas which are
contiouous and touch alono one side of their outside oeooraphic boundary.
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Available Capacity: Existino school capacity which is available within a
Concurrency Service Area includino any new school capacity that will be in
place or under actual construction. as identified in the first three years of the
School Oistrict's Five Year Capital Improvement Plan.
Proportionate Share Mitiaation (Schools): An Applicant improvement or
contribution identified in a bindino. and enforceable aoreement between the
Applicant. the School Oistrict and the Local Government with iurisdiction over
the approval of the plat. site plan or functional equivalent to provide
compensation for the additional demand on public school facilities caused by the
residential development of the property, as set forth in Section 163.3180(13)(e).
F.S.
School Board: The oovernino body of the School Oistrict. a political subdivision
of the State of Florida and a corporate body pursuant to Section 1001.40, F.S.
School District of Collier County: The School Oistrict created and existino
pursuant to Section 4. Article IX of the State of Florida Constitution.
Type of School: Schools providino the same level of education. i.e. elementarv.
middle, hioh school. or other combination of orade levels.
B. School Concurrency Established
1. Purpose. The County and the School Oistrict shall ensure that
the LOS standard established for each Type of School is
achieved and maintained.
2. Applicability. No residential subdivision plat or residential site
development plan for new residential development may be
approved by the County, unless the application is exempt from
these requirements as provided for in this Section. or until a
School Capacity Availability Determination Letter (SCADL)
has been issued by the School Oistrict to the County indicatino
that adequate school capacity exists within a Concurrency
Service Area (CSA) for each Type of School.
a. The County may condition the approval of the application
to ensure that necessary schools are in place, in order to
validate or render effective the approval. This shall not
limit the authority of the County to deny a residential plat.
residential site plan or its functional equivalent. pursuant to
its home rule reoulatorv powers.
3. Exemptions. The followino shall be exempt from the terms of this
subsection:
a. Sino Ie family and mobile home lots of record, existino as of
the effective date of school concurrency. October 14.
2008.
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b. Any new residential development that had a final
subdivision plat or site development plan approval as of
the effective date of school concurrency. October 14.
2008.
c. Any amendment to any previously approved residential
development order that does not increase the number of
dwellino units or chanoe the dwellino unit type (e.o.,
sinole-familv to multi-familv).
d. Aoe-restricted communities with no permanent residents
under the aoe of 18. Exemption of an aoe-restricted
community will be subiect to a restrictive covenant Iimitino
the aoe of permanent residents to 18 years and older.
e. All new residential subdivision plats and site development
plans. or amendments to previously approved residential
development orders. which are calculated to oenerate less
than one student.
f. Development that has been authorized as a Development
of Reoionallmpact pursuant to Chapter 380, F.S.. as of July
1. 2005.
C. School Concurrency Application Review. Any Applicant submittino an
application for a residential subdivision plat or residential site development
plan must prepare and submit a School Impact Analvsis (SIA) to the County
for review by the School Oistrict. An application that is determined to be exempt
under Section 10.02.07 is not subiect to school concurrency. Refer to Section
10.04.09 for SIA requirements.
.1. The SIA must indicate the location of the development, number of
dwellino units and unit types (sinole-familv. multi-family, etc.), a
phasino schedule (if applicable). and aoe-restrictions for occupancy (if
any). The County shall initiate the review by determinino that the
application is sufficient for processino. Once deemed sufficient. the
County shall transmit the SIA to the School Oistrict representative for
review. The process is as follows:
a. An application for residential development is submitted to the
County for a sufficiency review. Once deemed sufficient. the
County transmits the SIA to the School Oistrict for review. The
School Oistrict may charoe the applicant a non-refundable
application fee payable to the School Oistrict to meet the cost of
review.
b Within 20 workino days of receipt of a sufficient SIA application,
the School Oistrict representative shall review the application and
provide written comments to the County. Each SIA shall be
reviewed in the order in which it is received.
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c In the event that there is not adequate capacity available within
the adopted LOS standard in the Concurrency Service Area
(CSA) in which the proposed development is located or in an
adiacent CSA to support the development impacts, the School
Oistrict representative will issue a School Capacity Availability
Determination Letter (SCADL) within 20 workino days of receipt
of the SIA detailino how the development is inconsistent with the
adopted LOS standard, and offer the applicant the opportunity to
enter into a neootiation period to allow time for the mitioation
process. If the proposed mitioation is accepted by the School
Oistrict. County and the applicant. then those parties shall enter
into an enforceable and bindino aoreement with the County and
the applicant.
d When capacity has been determined to be available, the School
Oistrict representative shall issue a SCADL verifyino available
capacity to the applicant and the County within 20 workino days
of receipt of the SIA application.
e The County shall be responsible for notifyino the School Oistrict
representative when a residential development has received a
Certificate of Public Facility Adequacy (COA), when the
development order for the residential development expires or is
revoked, and when its school impact fees have been paid.
D. School Concurrency Approval. Issuance of a SCADL by the School Oistrict
identifyino that capacity exists within the adopted LOS standard indicates only
that school facilities are currently available. and capacity will not be reserved
for the applicant's proposed residential development until the County issues a
Certificate of Public Facility Adequacy (COA).
1. The County shall not issue a COA for a residential development until
receivino confirmation of available school capacity within the adopted
LOS standard for each Type of School. in the form of a SCADL from the
School Oistrict. Once the County has issued a COA. school
concurrency for the residential development shall be valid for the life of
the COA. Expiration. extension or modification of a COA for a residential
development shall require a new review for adequate school capacity to
be performed by the School Oistrict.
2, The County shall notify the School Oistrict within 10 workino days of any
official chanoe in the status of a COA for a residential development.
3. The County shall not issue a buildino permit for a non-exempt residential
development without confirmina that the development received a COA
at plat or site plan approval. and that the COA is still valid. Once the
County has issued a COA. school concurrency for the residential
development shall be valid for the life of the COA.
E. Proportionate Share Mitioation. In the event there is not sufficient school
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capacity available within the adopted LOS standard to support an applicant's
development. the School Oistrict in coordination with the County may consider
proportionate share mitioation options and, if accepted, shall enter into an
enforceable and bindino aoreement with the Applicant and the County to
mitioate the impact from the development throuoh the creation of additional
school capacity.
F. Mitioation. If mitioation is aoreed to, the School Oistrict shall issue a new SCADL
approvino the applicant's development subiect to those mitioation measures
aoreed to by the County, applicant and the School Oistrict. Prior to residential
subdivision plat or site plan approval. the mitioation measures shall be
memorialized in an enforceable and bindino aoreement with the County. the
School Oistrict and the applicant that specifically details mitioation provisions to
be paid for by the applicant and the relevant terms and conditions. If mitioation
is not aoreed to, the SCADL shall detail why any mitioation proposals were
reiected and why the development is not in compliance with school
concurrency requirements. A SCADL indicatino that either adequate capacity is
available or that there is no available capacity followino a 90 day neootiation
period constitutes final aoency action by the School Oistrict.
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SUBSECTION 3.YY. AMENDMENTS TO APPENDIX G ANNUAL BEACH EVENT
STANDARD PERMIT CONDITIONS
Appendix G, Annual Beach Event Standard Permit Conditions, of Ordinance 04-41, as amended,
the Collier County Land Development Code, is hereby amended to read as follows:
APPENDIX G ANNUAL BEACH EVENT STANDARD PERMIT CONDITIONS
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10. Annual beach events which occur during Sea Turtle Nesting Season (May 1 st
through October 31 st of each year) are also subject to the following regulations:
A. All required Florida Oepartment of Environmental Protection (FOEP) Field
Permits, shall be obtained and a copy furnished to Collier County prior to
the time of the scheduled event as set forth in section 5.04.06.5.04.07.
B. Consistent with section 5.04.06. 5.04.07. no structure set up, or beach
raking, or mechanical cleaning activity for any particular Beach Event
shall not commence until after monitoring conducted by personnel with
prior experience and training in nest surveys procedures and possessing
a valid Fish and Wildlife Conservation Commission Marine Turtle Permit
has been completed.
C. Prior to all scheduled beach events, every beach event permit holder is
required to rope off (or otherwise identify with a physical barrier) an area
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with no less than a 15-foot radius around each sea turtle nest that has
been identified and marked on a beach, unless a greater distance is
required by an applicable State permit.
O. Use of vehicles on the beach is prohibited, except as may be permitted
under section 5.01.06. 5.04.07.
E. Consistent with section 5.01.06 5.04.07 all materials placed on the beach
for the purpose of conducting permitted Beach Events must be: 1 )
removed from the beach by no later than 9:30 p.m. the date of the event;
and 2) no structures may be set, placed, or stored on, or within ten feet
of any beach dune, except that materials may remain in an identified
staging area until 1 0:00 p.m. The location and size of all staging areas will
be as identified in the annual beach events permit.
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SECTION FOUR:
CONFLICT AND SEVERABILITY
In the event this Ordinance conflicts with any other Ordinance of Collier County
or other applicable law, the more restrictive shall apply. If any phrase or portion of this
Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such
portion shall be deemed a separate, distinct and independent provision and such holding
shall not affect the validity of the remaining portion.
SECTION FIVE:
INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT
CODE
The provisions of this Ordinance shall become and be made a part of the Land
Oevelopment Code of Collier County, Florida. The sections of the Ordinance may be
renumbered or re-Iettered to accomplish such, and the word "ordinance" may be
changed to "section," "article," or any other appropriate word.
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SECTION SIX:
EFFECTIVE DATE
This Ordinance shall become effective upon filing with the Florida Oepartment of
State, Tallahassee, Florida; with the exception that the amendments to Section 2.05.01,
as proposed in subsection 3.J of this Ordinance, shall become effective 45 days after
rendition of this Ordinance to the Oepartment of Community Affairs, the Southwest
Florida Regional Planning Council and owner in accordance with Sections 9J-I-002 and
9J-I-003 F.A.C.; and with the exception that the amendments to Section 2.01.00, as
proposed in subsection 3.0 of this Ordinance, shall become effective upon repeal of
Ordinance No. 08-64.
PASSEO ANO OUL Y AOOPTEO by the Board of County Commissioners of
Collier County, Florida, this ~ day of June, 2010.
ATTEST:
OWIG~:r;E.. B~0G~, CLERK
BOARO OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIOA
... .~
B/~IIl~U;1
At~,~,_:.~" t
. .....j..~"
'1uJ-w. ~
I .
By:
FREO W. COYLE, CHAIRMAN
Approved as to form and
legal sufficiency:
~oI A-- eft)
H idi Ashton~Cicko, Esq.
Section Chief, Land UselTransportation
04-CMD-0 1 077/1 024 - FINAL 6/8/10
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ThIs ordInance filed with the
~~'Y of ~te/s Off~e the
~day of e.- I 'torD .
ond odcnowledgement of that
filing received is 2/ Sf- day
of .Jv /0
By
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STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of:
ORDINANCE 2010-23
which was adopted by the Board of County Commissioners
on the 8th day of June, 2010, during Special Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 10th
day of June, 2010.
DWIGHT E. BROCK .,
Clerk of Cour~'s.and Clerk
Ex-officio tc{ B9aTd of"':
County Commiss.lbners, . "
~~~
By: Martha ~l;~~~U'\
Deputy Clerk