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Supplement #32SUPPLEMENT NO. 32 March 2026 COLLIER COUNTY LAND DEVELOPMENT CODE Looseleaf Supplement This Supplement contains all ordinances deemed advisable to be included at this time through: Ordinance No. 25-60, adopted November 10, 2025. See the Land Development Ordinance Disposition Table for further information. Remove Old Pages Insert New Pages Checklist of up-to-date pages Checklist of up-to-date pages (following Table of Contents) SH:1, SH:2 SH:1, SH:2 LDC1:17, LDC1:18 LDC1:17—LDC1:18.1 LDC1:35 LDC1:35 LDC2:86.33, LDC2:86.34 LDC2:86.33, LDC2:86.34 LDC2:86.42.1—LDC2:86.58 LDC2:86.43—LDC2:86.55 LDC2:86.103—LDC2:86.105 LDC2:86.103—LDC2:86.105 LDC2:133, LDC2:134 LDC2:133—LDC2:134.1 LDC4:1, LDC4:2 LDC4:1, LDC4:2 LDC4:49, LDC4:50 LDC4:49, LDC4:50 LDC4:54.23, LDC4:54.24 LDC4:54.23—LDC4:54.24.1 LDC4:58.9—LDC4:62 LDC4:59—LDC4:62.44 LDC4:75—LDC4:78 LDC4:75—LDC4:78 LDC4:126.7—LDC4:200 LDC4:127—LDC4:210 LDC5:7—LDC5:18.2 LDC5:7—LDC5:18.4 LDC5:33—LDC5:40.2 LDC5:33—LDC5:40.2 LDC6:37—LDC6:39 LDC6:37—LDC6:39 LDC8:7, LDC8:8 LDC8:7—LDC8:9 LDC9:1 LDC9:1 LDC9:4.3, LDC9:4.4 LDC9:4.3, LDC9:4.4 LDC9:5—LDC9:18 LDC9:5—LDC9:25 LDC10:41—LDC10:58 LDC10:41—LDC10:58 LDC10:81—LDC10:82.1 LDC10:81—LDC10:82.1 LDC10:93—LDC10:122.1 LDC10:93—LDC10:119 LDC10:161, LDC10:162 LDC10:161, LDC10:162 LDC10:173—LDC10:178 LDC10:173—LDC10:178 LDODT:95 LDODT:95, LDODT:96 LDCi:1—LDCi:24 LDCi:1—LDCi:24 INSTRUCTION SHEET—Cont'd. Insert and maintain this instruction sheet in front of this publication. File removed pages for reference. [1] Supp. No. 32 Checklist of Up-to-Date Pages (This checklist will be updated with the printing of each Supplement) From our experience in publishing Looseleaf Supplements on a page-for-page substitution basis, it has become evident that through usage and supplementation many pages can be inserted and removed in error. The following listing is included in this Code as a ready guide for the user to determine whether the Code volume properly reflects the latest printing of each page. In the first column all page numbers are listed in sequence. The second column reflects the latest printing of the pages as they should appear in an up-to-date volume. The letters "OC" indicate the pages have not been reprinted in the Supplement Service an d appear as published for the original Code. When a page has been reprinted or printed in the Supplement Service, this column reflects the identification number or Supplement Number printed on the bottom of the page. In addition to assisting existing holders of the Code, this list may be used in compiling an up-to-date copy from the original Code and subsequent Supplements. Page No. Supp. No. Title page 17 iii, iv OC v, vi OC vii, viii OC ix, x OC xi OC xiii, xiv 31 SH:1, SH:2 32 LDC1:1 5 LDC1:3, LDC1:4 5 LDC1:5, LDC1:6 5 LDC1:7, LDC1:8 11 LDC1:8.1, LDC1:8.2 11 LDC1:9, LDC1:10 29 LDC1:11, LDC1:12 31 LDC1:13, LDC1:14 31 LDC1:14.1 31 LDC1:15, LDC1:16 28 LDC1:17, LDC1:18 32 LDC1:18.1 32 LDC1:19, LDC1:20 28 Page No. Supp. No. LDC1:21, LDC1:22 29 LDC1:23, LDC1:24 29 LDC1:25, LDC1:26 29 LDC1:26.1 29 LDC1:27, LDC1:28 28 LDC1:29, LDC1:30 28 LDC1:31, LDC1:32 28 LDC1:33, LDC1:34 31 LDC1:35 32 LDC1:37, LDC1:38 6 LDC1:39, LDC1:40 6 LDC1:41, LDC1:42 6 LDC2:1 31 LDC2:3, LDC2:4 28 LDC2:5, LDC2:6 29 LDC2:7, LDC2:8 29 LDC2:9, LDC2:10 28 LDC2:11, LDC2:12 28 LDC2:13, LDC2:14 28 LDC2:15, LDC2:16 28 LDC2:17, LDC2:18 28 COLLIER COUNTY LAND DEVELOPMENT CODE [2] Supp. No. 32 Page No. Supp. No. LDC2:19, LDC2:20 29 LDC2:21, LDC2:22 29 LDC2:23, LDC2:24 29 LDC2:25, LDC2:26 29 LDC2:27, LDC2:28 29 LDC2:29, LDC2:30 29 LDC2:31, LDC2:32 29 LDC2:33, LDC2:34 29 LDC2:35, LDC2:36 29 LDC2:37, LDC2:38 28 LDC2:39, LDC2:40 28 LDC2:41, LDC2:42 28 LDC2:43, LDC2:44 28 LDC2:45, LDC2:46 28 LDC2:47, LDC2:48 28 LDC2:49, LDC2:50 28 LDC2:51, LDC2:52 28 LDC2:53, LDC2:54 29 LDC2:54.1 29 LDC2:55, LDC2:56 28 LDC2:57, LDC2:58 28 LDC2:59, LDC2:60 28 LDC2:61, LDC2:62 29 LDC2:62.1 29 LDC2:63, LDC2:64 28 LDC2:65, LDC2:66 28 LDC2:67, LDC2:68 28 LDC2:69, LDC2:70 28 LDC2:71, LDC2:72 29 LDC2:73, LDC2:74 29 LDC2:75, LDC2:76 29 LDC2:77, LDC2:78 29 LDC2:79, LDC2:80 29 LDC2:81, LDC2:82 29 LDC2:83, LDC2:84 29 LDC2:85, LDC2:86 29 LDC2:86.1, LDC2:86.2 29 LDC2:86.3, LDC2:86.4 29 Page No. Supp. No. LDC2:86.5, LDC2:86.6 28 LDC2:86.7, LDC2:86.8 28 LDC2:86.9, LDC2:86.10 28 LDC2:86.11, LDC2:86.12 28 LDC2:86.13, LDC2:86.14 28 LDC2:86.15, LDC2:86.16 29 LDC2:86.17, LDC2:86.18 29 LDC2:86.18.1, LDC2:86.18.2 29 LDC2:86.18.3, LDC2:86.18.4 29 LDC2:86.19, LDC2:86.20 22 LDC2:86.21, LDC2:86.22 22 LDC2:86.23, LDC2:86.24 27 LDC2:86.25, LDC2:86.26 27 LDC2:86.27, LDC2:86.28 29 LDC2:86.29 29 LDC2:86.31, LDC2:86.32 5 LDC2:86.33, LDC2:86.34 32 LDC2:86.35, LDC2:86.36 5 LDC2:86.37, LDC2:86.38 14 LDC2:86.39, LDC2:86.40 28 LDC2:86.41, LDC2:86.42 28 LDC2:86.43, LDC2:86.44 32 LDC2:86.45, LDC2:86.46 32 LDC2:86.47, LDC2:86.48 32 LDC2:86.49, LDC2:86.50 32 LDC2:86.51, LDC2:86.52 32 LDC2:86.53, LDC2:86.54 32 LDC2:86.55 32 LDC2:86.59, LDC2:86.60 6 LDC2:86.61, LDC2:86.62 23 LDC2:86.63, LDC2:86.64 28 LDC2:86.65, LDC2:86.66 28 LDC2:86.67, LDC2:86.68 28 LDC2:86.69 28 LDC2:86.81, LDC2:86.82 25 LDC2:86.83, LDC2:86.84 27 LDC2:86.85, LDC2:86.86 27 LDC2:86.87, LDC2:86.88 29 CHECKLIST OF UP-TO-DATE PAGES [3] Supp. No. 32 Page No. Supp. No. LDC2:86.88.1, LDC2:86.88.2 27 LDC2:86.89, LDC2:86.90 5 LDC2:86.91, LDC2:86.92 5 LDC2:86.93, LDC2:86.94 28 LDC2:86.95, LDC2:86.96 28 LDC2:86.97, LDC2:86.98 28 LDC2:86.98.1 26 LDC2:86.99, LDC2:86.100 23 LDC2:86.101, LDC2:86.102 23 LDC2:86.103, LDC2:86.104 32 LDC2:86.105 32 LDC2:87, LDC2:88 29 LDC2:89, LDC2:90 6 LDC2:91, LDC2:92 6 LDC2:93, LDC2:94 29 LDC2:95, LDC2:96 28 LDC2:96.1 28 LDC2:97, LDC2:98 3 LDC2:99, LDC2:100 3 LDC2:101, LDC2:102 3 LDC2:103, LDC2:104 26 LDC2:105, LDC2:106 3 LDC2:107, LDC2:108 3 LDC2:109, LDC2:110 29 LDC2:110.1 29 LDC2:111, LDC2:112 28 LDC2:113, LDC2:114 28 LDC2:115, LDC2:116 28 LDC2:117, LDC2:118 28 LDC2:119, LDC2:120 28 LDC2:121, LDC2:122 28 LDC2:123, LDC2:124 28 LDC2:125, LDC2:126 29 LDC2:126.1, LDC2:126.2 28 LDC2:126.3, LDC2:126.4 28 LDC2:126.5 28 LDC2:127, LDC2:128 26 LDC2:129, LDC2:130 26 Page No. Supp. No. LDC2:131, LDC2:132 18 LDC2:133, LDC2:134 32 LDC2:134.1 32 LDC2:135, LDC2:136 31 LDC2:137, LDC2:138 18 LDC2:139, LDC2:140 18 LDC2:141, LDC2:142 31 LDC2:143 31 LDC3:1 28 LDC3:3, LDC3:4 28 LDC3:9, LDC3:10 11 LDC3:11, LDC3:12 11 LDC3:13, LDC3:14 11 LDC3:15, LDC3:16 6 LDC3:17, LDC3:18 6 LDC3:19, LDC3:20 6 LDC3:21, LDC3:22 28 LDC3:23, LDC3:24 28 LDC3:25, LDC3:26 14 LDC3:27, LDC3:28 15 LDC3:28.1 15 LDC3:29, LDC3:30 12 LDC3:31, LDC3:32 12 LDC3:33, LDC3:34 17 LDC3:35, LDC3:36 12 LDC3:37, LDC3:38 12 LDC3:39, LDC3:40 12 LDC3:40.1, LDC3:40.2 29 LDC3:40.3, LDC3:40.4 16 LDC3:40.5, LDC3:40.6 17 LDC3:40.7, LDC3:40.8 17 LDC3:40.9, LDC3:40.10 17 LDC3:41, LDC3:42 15 LDC3:43, LDC3:44 15 LDC3:45, LDC3:46 15 LDC3:47, LDC3:48 29 LDC3:48.1, LDC3:48.2 15 LDC3:48.3, LDC3:48.4 15 COLLIER COUNTY LAND DEVELOPMENT CODE [4] Supp. No. 32 Page No. Supp. No. LDC3:48.5, LDC3:48.6 15 LDC3:48.7 15 LDC3:49, LDC3:50 2 LDC3:51, LDC3:52 9 LDC3:53, LDC3:54 9 LDC3:55, LDC3:56 9 LDC3:57, LDC3:58 9 LDC3:58.1, LDC3:58.2 9 LDC3:58.3 9 LDC3:59, LDC3:60 OC LDC3:61, LDC3:62 OC LDC3:63, LDC3:64 9 LDC3:65, LDC3:66 OC LDC3:67, LDC3:68 OC LDC3:69, LDC3:70 OC LDC3:71, LDC3:72 OC LDC3:72.1, LDC3:72.2 29 LDC3:72.3, LDC3:72.4 29 LDC3:72.5, LDC3:72.6 29 LDC3:72.7 29 LDC3:73, LDC3:74 28 LDC3:75, LDC3:76 28 LDC3:77, LDC3:78 24 LDC3:79, LDC3:80 24 LDC3:81 24 LDC4:1, LDC4:2 32 LDC4:3, LDC4:4 28 LDC4:5, LDC4:6 28 LDC4:7, LDC4:8 28 LDC4:9, LDC4:10 28 LDC4:11, LDC4:12 25 LDC4:13, LDC4:14 23 LDC4:15, LDC4:16 20 LDC4:17, LDC4:18 20 LDC4:19, LDC4:20 23 LDC4:21, LDC4:22 23 LDC4:23, LDC4:24 23 LDC4:25, LDC4:26 28 Page No. Supp. No. LDC4:27, LDC4:28 28 LDC4:29, LDC4:30 28 LDC4:31, LDC4:32 28 LDC4:33, LDC4:34 28 LDC4:35, LDC4:36 26 LDC4:37, LDC4:38 26 LDC4:39, LDC4:40 26 LDC4:41, LDC4:42 26 LDC4:43, LDC4:44 28 LDC4:45, LDC4:46 26 LDC4:47, LDC4:48 26 LDC4:49, LDC4:50 32 LDC4:51, LDC4:52 26 LDC4:53, LDC4:54 26 LDC4:54.1, LDC4:54.2 28 LDC4:54.3, LDC4:54.4 26 LDC4:54.5, LDC4:54.6 26 LDC4:54.7, LDC4:54.8 26 LDC4:54.9, LDC4:54.10 26 LDC4:54.11, LDC4:54.12 26 LDC4:54.13, LDC4:54.14 26 LDC4:54.15, LDC4:54.16 26 LDC4:54.17, LDC4:54.18 26 LDC4:54.19, LDC4:54.20 26 LDC4:54.21, LDC4:54.22 26 LDC4:54.23, LDC4:54.24 32 LDC4:54.24.1 32 LDC4:55, LDC4:56 27 LDC4:56.1, LDC4:56.2 27 LDC4:56.3, LDC4:56.4 27 LDC4:56.5 27 LDC4:57, LDC4:58 23 LDC4:58.1, LDC4:58.2 23 LDC4:58.3, LDC4:58.4 23 LDC4:58.5, LDC4:58.6 23 LDC4:58.7, LDC4:58.8 23 LDC4:59, LDC4:60 32 LDC4:61, LDC4:62 32 CHECKLIST OF UP-TO-DATE PAGES [5] Supp. No. 32 Page No. Supp. No. LDC4:62.1, LDC4:62.2 32 LDC4:62.3, LDC4:62.4 32 LDC4:62.5, LDC4:62.6 32 LDC4:62.7, LDC4:62.8 32 LDC4:62.9, LDC4:62.10 32 LDC4:62.11, LDC4:62.12 32 LDC4:62.13, LDC4:62.14 32 LDC4:62.15, LDC4:62.16 32 LDC4:62.17, LDC4:62.18 32 LDC4:62.19, LDC4:62.20 32 LDC4:62.21, LDC4:62.22 32 LDC4:62.23, LDC4:62.24 32 LDC4:62.25, LDC4:62.26 32 LDC4:62.27, LDC4:62.28 32 LDC4:62.29, LDC4:62.30 32 LDC4:62.31, LDC4:62.32 32 LDC4:62.33, LDC4:62.34 32 LDC4:62.35, LDC4:62.36 32 LDC4:62.37, LDC4:62.38 32 LDC4:62.39, LDC4:62.40 32 LDC4:62.41, LDC4:62.42 32 LDC4:62.43, LDC4:62.44 32 LDC4:63, LDC4:64 23 LDC4:65, LDC4:66 23 LDC4:67, LDC4:68 23 LDC4:69, LDC4:70 23 LDC4:71, LDC4:72 31 LDC4:72.1, LDC4:72.2 31 LDC4:72.3, LDC4:72.4 31 LDC4:72.5, LDC4:72.6 31 LDC4:72.7, LDC4:72.8 31 LDC4:72.9, LDC4:72.10 31 LDC4:72.21, LDC4:72.22 5 LDC4:72.23, LDC4:72.24 5 LDC4:72.24.1 5 LDC4:72.25, LDC4:72.26 4 LDC4:72.27, LDC4:72.28 4 LDC4:73, LDC4:74 23 Page No. Supp. No. LDC4:75, LDC4:76 32 LDC4:77, LDC4:78 32 LDC4:79, LDC4:80 15 LDC4:81, LDC4:82 17 LDC4:83, LDC4:84 29 LDC4:85, LDC4:86 29 LDC4:86.1, LDC4:86.2 29 LDC4:87, LDC4:88 15 LDC4:89, LDC4:90 15 LDC4:91, LDC4:92 15 LDC4:93, LDC4:94 29 LDC4:95, LDC4:96 29 LDC4:97, LDC4:98 14 LDC4:99, LDC4:100 29 LDC4:100.1 29 LDC4:101, LDC4:102 15 LDC4:103, LDC4:104 15 LDC4:105, LDC4:106 28 LDC4:107, LDC4:108 28 LDC4:109 28 LDC4:111, LDC4:112 17 LDC4:113, LDC4:114 14 LDC4:114.1 14 LDC4:115, LDC4:116 6, Rev. LDC4:117, LDC4:118 6, Rev. LDC4:118.1, LDC4:118.2 15 LDC4:119, LDC4:120 14 LDC4:121, LDC4:122 14 LDC4:123, LDC4:124 28 LDC4:125 17 LDC4:126.1, LDC4:126.2 11 LDC4:126.3, LDC4:126.4 11 LDC4:126.5, LDC4:126.6 11 LDC4:127, LDC4:128 32 LDC4:129, LDC4:130 32 LDC4:131, LDC4:132 32 LDC4:133, LDC4:134 32 LDC4:135, LDC4:136 32 COLLIER COUNTY LAND DEVELOPMENT CODE [6] Supp. No. 32 Page No. Supp. No. LDC4:137, LDC4:138 32 LDC4:139, LDC4:140 32 LDC4:141, LDC4:142 32 LDC4:143, LDC4:144 32 LDC4:145, LDC4:146 32 LDC4:147, LDC4:148 32 LDC4:149, LDC4:150 32 LDC4:151, LDC4:152 32 LDC4:153, LDC4:154 32 LDC4:155, LDC4:156 32 LDC4:157, LDC4:158 32 LDC4:159, LDC4:160 32 LDC4:161, LDC4:162 32 LDC4:163, LDC4:164 32 LDC4:165, LDC4:166 32 LDC4:167, LDC4:168 32 LDC4:169, LDC4:170 32 LDC4:171, LDC4:172 32 LDC4:173, LDC4:174 32 LDC4:175, LDC4:176 32 LDC4:177, LDC4:178 32 LDC4:179, LDC4:180 32 LDC4:181, LDC4:182 32 LDC4:183, LDC4:184 32 LDC4:185, LDC4:186 32 LDC4:187, LDC4:188 32 LDC4:189, LDC4:190 32 LDC4:191, LDC4:192 32 LDC4:193, LDC4:194 32 LDC4:195, LDC4:196 32 LDC4:197, LDC4:198 32 LDC4:199, LDC4:200 32 LDC4:201, LDC4:202 32 LDC4:203, LDC4:204 32 LDC4:205, LDC4:206 32 LDC4:207, LDC4:208 32 LDC4:209, LDC4:210 32 LDC5:1, LDC5:2 29 Page No. Supp. No. LDC5:3, LDC5:4 12 LDC5:5, LDC5:6 12 LDC5:7, LDC5:8 32 LDC5:9, LDC5:10 32 LDC5:11, LDC5:12 32 LDC5:13, LDC5:14 32 LDC5:15, LDC5:16 32 LDC5:17, LDC5:18 32 LDC5:18.1, LDC5:18.2 32 LDC5:18.3, LDC5:18.4 32 LDC5:19, LDC5:20 11 LDC5:21, LDC5:22 29 LDC5:23, LDC5:24 29 LDC5:25, LDC5:26 22 LDC5:27, LDC5:28 22 LDC5:29, LDC5:30 22 LDC5:30.1, LDC5:30.2 22 LDC5:30.3, LDC5:30.4 22 LDC5:31, LDC5:32 11 LDC5:33, LDC5:34 32 LDC5:35, LDC5:36 32 LDC5:37, LDC5:38 32 LDC5:39, LDC5:40 32 LDC5:40.1, LDC5:40.2 32 LDC5:41, LDC5:42 14 LDC5:43, LDC5:44 20 LDC5:45, LDC5:46 20 LDC5:46.1, LDC5:46.2 20 LDC5:46.3 20 LDC5:47, LDC5:48 15 LDC5:49, LDC5:50 15 LDC5:51, LDC5:52 15 LDC5:53, LDC5:54 15 LDC5:55, LDC5:56 15 LDC5:57, LDC5:58 15 LDC5:59, LDC5:60 15 LDC5:61, LDC5:62 15 LDC5:63, LDC5:64 15 CHECKLIST OF UP-TO-DATE PAGES [7] Supp. No. 32 Page No. Supp. No. LDC5:64.1, LDC5:64.2 27 LDC5:64.2.1 23 LDC5:64.3, LDC5:64.4 15 LDC5:64.5, LDC5:64.6 15 LDC5:64.7, LDC5:64.8 21 LDC5:65, LDC5:66 28 LDC5:67, LDC5:68 28 LDC5:69, LDC5:70 28 LDC5:71, LDC5:72 28 LDC5:73, LDC5:74 28 LDC5:75, LDC5:76 28 LDC5:97, LDC5:98 23 LDC5:99, LDC5:100 23 LDC5:101, LDC5:102 23 LDC5:103, LDC5:104 16 LDC5:105, LDC5:106 28 LDC5:106.1, LDC5:106.2 28 LDC5:106.3, LDC5:106.4 28 LDC5:106.5, LDC5:106.6 29 LDC5:106.7, LDC5:106.8 29 LDC5:106.9 29 LDC5:107, LDC5:108 12 LDC5:109, LDC5:110 12 LDC5:111, LDC5:112 12 LDC5:113, LDC5:114 14 LDC5:115, LDC5:116 14 LDC5:117, LDC5:118 14 LDC5:119, LDC5:120 14 LDC5:121, LDC5:122 20 LDC5:123, LDC5:124 20 LDC5:125, LDC5:126 20 LDC5:127 20 LDC6:1 17 LDC6:3, LDC6:4 29 LDC6:5, LDC6:6 29 LDC6:6.1 29 LDC6:7, LDC6:8 11 LDC6:9, LDC6:10 11 Page No. Supp. No. LDC6:11, LDC6:12 11 LDC6:13, LDC6:14 11 LDC6:15, LDC6:16 11 LDC6:17, LDC6:18 15 LDC6:19, LDC6:20 29 LDC6:21, LDC6:22 29 LDC6:23, LDC6:24 29 LDC6:25, LDC6:26 29 LDC6:27, LDC6:28 29 LDC6:29, LDC6:30 29 LDC6:30.1, LDC6:30.2 29 LDC6:30.3 29 LDC6:31, LDC6:32 15 LDC6:33, LDC6:34 15 LDC6:35, LDC6:36 15 LDC6:37, LDC6:38 32 LDC6:39 32 LDC7:1 OC LDC8:1 11 LDC8:3, LDC8:4 6 LDC8:5, LDC8:6 6 LDC8:7, LDC8:8 32 LDC8:9 32 LDC9:1 32 LDC9:3, LDC9:4 1 LDC9:4.1, LDC9:4.2 11 LDC9:4.3, LDC9:4.4 32 LDC9:4.4.1 11 LDC9:4.5, LDC9:4.6 6, Rev. LDC9:4.7, LDC9:4.8 6, Rev. LDC9:5, LDC9:6 32 LDC9:7, LDC9:8 32 LDC9:9, LDC9:10 32 LDC9:11, LDC9:12 32 LDC9:13, LDC9:14 32 LDC9:15, LDC9:16 32 LDC9:17, LDC9:18 32 LDC9:19, LDC9:20 32 COLLIER COUNTY LAND DEVELOPMENT CODE [8] Supp. No. 32 Page No. Supp. No. LDC9:21, LDC9:22 32 LDC9:23, LDC9:24 32 LDC9:25 32 LDC10:1, LDC10:2 26 LDC10:3, LDC10:4 25 LDC10:5, LDC10:6 29 LDC10:7, LDC10:8 29 LDC10:9, LDC10:10 21 LDC10:11, LDC10:12 25 LDC10:25, LDC10:26 5 LDC10:26.1, LDC10:26.2 5 LDC10:26.3 5 LDC10:27, LDC10:28 25 LDC10:29, LDC10:30 25 LDC10:31, LDC10:32 11 LDC10:33, LDC10:34 17 LDC10:35, LDC10:36 11 LDC10:37, LDC10:38 25 LDC10:39, LDC10:40 25 LDC10:41, LDC10:42 32 LDC10:43, LDC10:44 32 LDC10:45, LDC10:46 32 LDC10:47, LDC10:48 32 LDC10:49, LDC10:50 32 LDC10:51, LDC10:52 32 LDC10:53, LDC10:54 32 LDC10:55, LDC10:56 32 LDC10:57, LDC10:58 32 LDC10:61, LDC10:62 11 LDC10:63, LDC10:64 11 LDC10:65, LDC10:66 11 LDC10:67, LDC10:68 11 LDC10:69, LDC10:70 11 LDC10:71, LDC10:72 11 LDC10:73, LDC10:74 14 LDC10:75, LDC10:76 14 LDC10:76.1 14 LDC10:77, LDC10:78 11 Page No. Supp. No. LDC10:79, LDC10:80 11 LDC10:81, LDC10:82 32 LDC10:82.1 32 LDC10:83, LDC10:84 14 LDC10:85, LDC10:86 14 LDC10:87, LDC10:88 28 LDC10:88.1 14 LDC10:89, LDC10:90 11 LDC10:91, LDC10:92 17 LDC10:93, LDC10:94 32 LDC10:95, LDC10:96 32 LDC10:97, LDC10:98 32 LDC10:99, LDC10:100 32 LDC10:101, LDC10:102 32 LDC10:103, LDC10:104 32 LDC10:105, LDC10:106 32 LDC10:107, LDC10:108 32 LDC10:109, LDC10:110 32 LDC10:111, LDC10:112 32 LDC10:113, LDC10:114 32 LDC10:115, LDC10:116 32 LDC10:117, LDC10:118 32 LDC10:119 32 LDC10:123, LDC10:124 16 LDC10:153, LDC10:154 OC LDC10:155, LDC10:156 OC LDC10:157, LDC10:158 OC LDC10:159, LDC10:160 OC LDC10:161, LDC10:162 32 LDC10:163, LDC10:164 6 LDC10:165, LDC10:166 6 LDC10:167, LDC10:168 6 LDC10:169, LDC10:170 6 LDC10:171, LDC10:172 6 LDC10:173, LDC10:174 32 LDC10:175, LDC10:176 32 LDC10:177, LDC10:178 32 LDCA:1, LDCA:2 14 CHECKLIST OF UP-TO-DATE PAGES [9] Supp. No. 32 Page No. Supp. No. LDCA:3, LDCA:4 14 LDCA:5, LDCA:6 23 LDCA:7, LDCA:8 21 LDCA:9, LDCA:10 21 LDCA:11, LDCA:12 21 LDCA:13, LDCA:14 23 LDCA:15, LDCA:16 23 LDCA:17, LDCA:18 23 LDCA:19, LDCA:20 23 LDCA:21, LDCA:22 23 LDCA:23, LDCA:24 23 LDCA:25 23 LDCB:1, LDCB:2 OC LDCB:3, LDCB:4 OC LDCB:5, LDCB:6 OC LDCC:1, LDCC:2 21 LDCC:3, LDCC:4 28 LDCC:5 28 LDCD:1, LDCD:2 OC LDCD:3, LDCD:4 20 LDCD:5, LDCD:6 20 LDCD:7, LDCD:8 OC LDCD:9 OC LDCE:1 2 LDCF:1, LDCF:2 30 LDCF:3, LDCF:4 30 LDCF:5, LDCF:6 30 LDCF:7, LDCF:8 30 LDCF:9, LDCF:10 30 LDCF:11, LDCF:12 30 LDCF:13 30 LDCG:1, LDCG:2 6 LDCH:1 1 LDCH:3, LDCH:4 2 LDCH:5, LDCH:6 2 LDCH:7, LDCH:8 2 LDCH:9, LDCH:10 2 LDCH:11, LDCH:12 2 Page No. Supp. No. LDCH:13 2 LDCH:15 2 LDCH:17 2 LDCH:19 2 LDODT:1, LDODT:2 OC LDODT:3, LDODT:4 OC LDODT:5, LDODT:6 OC LDODT:7, LDODT:8 OC LDODT:9, LDODT:10 OC LDODT:11, LDODT:12 OC LDODT:13, LDODT:14 OC LDODT:15, LDODT:16 OC LDODT:17, LDODT:18 OC LDODT:19, LDODT:20 OC LDODT:21, LDODT:22 OC LDODT:23, LDODT:24 OC LDODT:25, LDODT:26 OC LDODT:27, LDODT:28 OC LDODT:29, LDODT:30 OC LDODT:31, LDODT:32 OC LDODT:33, LDODT:34 OC LDODT:35, LDODT:36 OC LDODT:37, LDODT:38 OC LDODT:39, LDODT:40 OC LDODT:41, LDODT:42 OC LDODT:43, LDODT:44 OC LDODT:45, LDODT:46 OC LDODT:47, LDODT:48 OC LDODT:49, LDODT:50 OC LDODT:51, LDODT:52 OC LDODT:53, LDODT:54 OC LDODT:55, LDODT:56 OC LDODT:57, LDODT:58 OC LDODT:59, LDODT:60 OC LDODT:61, LDODT:62 1 LDODT:63, LDODT:64 1 LDODT:65, LDODT:66 3 LDODT:67, LDODT:68 3 COLLIER COUNTY LAND DEVELOPMENT CODE [10] Supp. No. 32 Page No. Supp. No. LDODT:69, LDODT:70 3 LDODT:71, LDODT:72 3 LDODT:73, LDODT:74 3 LDODT:75, LDODT:76 4 LDODT:77, LDODT:78 4 LDODT:79, LDODT:80 5 LDODT:81, LDODT:82 5 LDODT:83, LDODT:84 6 LDODT:85, LDODT:86 11 LDODT:87, LDODT:88 14 LDODT:89, LDODT:90 17 LDODT:91, LDODT:92 23 LDODT:93, LDODT:94 28 LDODT:95, LDODT:96 32 LDCi:1, LDCi:2 32 LDCi:3, LDCi:4 32 LDCi:5, LDCi:6 32 LDCi:7, LDCi:8 32 LDCi:9, LDCi:10 32 LDCi:11, LDCi:12 32 LDCi:13, LDCi:14 32 LDCi:15, LDCi:16 32 LDCi:17, LDCi:18 32 LDCi:19, LDCi:20 32 LDCi:21, LDCi:22 32 LDCi:23, LDCi:24 32 SUPPLEMENT HISTORY TABLE The table below allows users of this Code to quickly and accurately determine what ordinances have been considered for codification in each supplement. Ordinances that are of a general and permanent nature are codified in the Code and are considered "Included." Ordinances that are not of a general and permanent nature are not codified in the Code and are considered "Omitted." In addition, by adding to this table with each supplement, users of this Land Development Code will be able to gain a more complete picture of the Code's historical evolution. Ord. No. Date Adopted Included/ Omitted Supp. No. 11-21 6-14-11 Included 7 12-25 6-26-12 Included 8 12-38 9-25-12 Included 9 12-39 9-25-12 Included 9 13-32 5-14-13 Included 10 12-28 7-24-12 Included 11 13-52 9-10-13 Included 11 13-56 9-24-13 Included 11 13-58 9-24-13 Included 11 14-33 7- 8-14 Included 12 14-40 11-18-14 Included 13 15-28 4-28-15 Included 14 15-44 7- 7-15 Included 14 15-45 7- 7-15 Included 14 15-46 7- 7-15 Included 14 16-22 7-12-16 Included 15 16-27 9-13-16 Included 15 17-10 3-28-17 Included 16 17-12 4-11-17 Included 16 18-18 4-24-18 Included 17 18-24 5- 8-18 Included 17 18-32 6-26-18 Included 17 18-34 7-10-18 Included 17 19-02 2-12-19 Included 18 19-08 6-11-19 Included 19 19-09 6-11-19 Included 19 19-13 6-25-19 Included 19 19-35 10-22-19 Included 20 20-02 1-14-20 Included 21 20-16 6- 9-20 Included 21 20-20 7-14-20 Included 21 20-44 11-10-20 Included 22 21-05 2- 9-21 Included 23 21-14 3- 9-21 Included 23 21-25 7-13-21 Included 24 22-04 1-25-22 Included 25 22-08 3- 8-22 Included 25 22-12 4-12-22 Included 26 ___________________________________________________________________________________________________________ SH:1Supp. No. 32 Ord. No. Date Adopted Included/ Omitted Supp. No. 22-44 11- 8-22 Included 27 23-10 1-24-23 Included 27 23-16 2-28-23 Included 27 23-19 4-25-23 Included 27 23-63 11-14-23 Included 28 24-05 2-27-24 Included 28 24-11 3-26-24 Included 28 24-35 9-24-24 Included 29 25-07 2-11-25 Included 29 25-37 9-23-25 Included 31 25-38 9-23-25 Included 31 25-50 10-28-25 Included 32 25-51 10-28-25 Included 32 25-55 11-10-25 Included 32 25-56 11-10-25 Included 32 25-59 11-10-25 Included 32 25-60 11-10-25 Included 32 COLLIER COUNTY LAND DEVELOPMENT CODE ______________________________________________________________________________________ ___________________________________________________________________________________________________________ SH:2Supp. No. 32 Cluster development: A design technique allowed within residential zoning districts or where residential development is an allowable use. This form of development employs a more compact arrangement of dwelling units by allowing for, or requiring as the case may be, reductions in the standard or typical lot size and yard requirements of the applicable zoning district, in order to: increase common open space; reduce the overall development area; reduce alterations and impacts to natural resources on the site; to preserve additional native vegetation and habitat areas; and, to reduce the cost of providing services, including but not limited to central sewer and water. Coastal high hazard areas: The evacuation zone for a Category 1 hurricane as may be established in the regional hurricane evacuation study applicable to the local government. For floodplain management purposes, the term is defined in Chapter 62 of the Collier County Code of Laws and Ordinances. Coastal zone: Refers to all land and territorial waters west of SLOSH zone 1 line (approximately U.S. 41, for most of the county), including water and submerged lands of oceanic water bodies or estuarine water bodies; shorelines adjacent to oceanic waters or estuaries; coastal barriers; living marine resources; marine wetlands; water-dependent facilities or water-related facilities on oceanic or estuarine waters; or public access facilities to oceanic beaches or estuarine shorelines; and all lands adjacent to such occurrences where development activities would impact the integrity or quality of the above. Collector road or street: A roadway providing service which is of relatively moderate traffic volume, moderate trip length, and moderate operating speed. Collector roads collect and distribute traffic between local roads or arterial roads. See Figure 1. Commercial equipment: Any equipment used in a commercial business, regardless if the equipment is actually owned or utilized by a business. Commercial equipment shall include the following; earth-moving equipment, landscaping equipment, lawn mowers (push-type or tractor), tillers, ladders, pipes, spools of electric-type wiring or cable, portable pumps, portable generators, pool cleaning equipment and supplies, any trailer not recreational in nature (flat-bed, stake-bed, or fully enclosed), in addition to any other equipment of similar design or function. Commercial vehicles: Any vehicle used in conjunction with a commercial or business activity, or possessing the following characteristics. Any motor vehicle not recreational in nature having a rated load capacity of greater than one ton, exceeding 71/2 feet in height, 7 feet in width, and/or 25 feet in length. The display of lettering or a similar sign upon a vehicle shall not in and of itself make a vehicle commercial. Community garden: A single piece of land managed and maintained by a group of individuals to grow and harvest food crops and/or non-food, ornamental crops such as flowers, for personal or group use, consumption or donation. Community gardens may be divided into separate plots for cultivation by one or more individuals or may be farmed collectively by members of the group and may include common areas maintained and used by group members. Comparable use determination: A process, in accordance with LDC section 10.03.06 K, to determine whether a use for a site specific location that is not expressly listed within a conventional zoning district, overlay, or PUD ordinance is comparable in nature and consistent with the list of identified permitted uses in a conventional zoning district, overlay, or PUD ordinance. Compatibility: A condition in which land uses or conditions can coexist in relative proximity to each other in a stable fashion over time such that no use or condition is unduly negatively impacted directly or indirectly by another use or condition. GENERAL PROVISIONS 1.08.02 1.08.02 ______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC1:17Supp. No. 32 Compatibility review: A review pursuant to the Architectural and Site Design Standards contained within section 5.05.08 of the Land Development Code (LDC) in effect at the time SBR Letters of Compliance are requested and that pertains to issues of compatibility with surrounding uses, complimentary patterns of development and mitigation of negative impacts. The Compatibility Review will be limited to compatibility issues, external sidewalks and pathway connections, lighting, dumpster location and screening, and orientation of buildings and ancillary facilities. CON District: Lands that are generally depicted on the Future Land Use Map, and more specifically depicted on the Official Zoning Atlas, as Conservation. [§ 2.03.09 B] Concurrency: The public facilities and services necessary to maintain the adopted level of service standards are available when the impacts of development occur. Concurrency service area (CSA): A geographic 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. Conditional use: A use that, due to special circumstances, is not permissible in a zoning district, but may be appropriate if controlled as to number, area, location, or relation to the neighborhood. Condominium: That form of ownership of real property which is created pursuant to the provisions of F.S. Ch. 718, under which units or improvements are subject to ownership by 1 or more owners, and there is appurtenant to each unit as part thereof an undivided share in common elements. Conservation Collier lands: Lands acquired by Collier County, whether held in fee or otherwise, under the Conservation Collier Program for the purposes of conservation, preservation and provision of public green space. Consistency review: A review process whereby the County will determine prior to the School Board's acquisition of property whether such property is consistent with the locational criteria of the Growth Management Plan's Future Land Use Element and Map, Golden Gate Area Master Plan and Immokalee Area Master Plan, and whether the plant or facility is a permitted use, conditional use or prohibited use in the zoning district on the site, pursuant to the 2003 Interlocal Agreement. Cul-de-sac: A street terminated at the end by a vehicular turnaround. See Figure 1. Density blending: The distribution of the gross density or intensity allowable on a parcel or parcels throughout those parcels. Density, residential: The number of residential dwelling units permitted per gross acre of land allowed under the Comprehensive Plan's Density Rating System subject to limitations of the corresponding zoning district determined by dividing the development's total number of dwelling units by the total area of residential land within the legally described boundaries of the residential development's lot(s) or parcel (s). Total residential land area does not include existing platted land area for vehicular rights-of-way, whether public or private, nor land within a planned unit development district that is to be used for commercial uses, industrial uses, or a use that has a residential equivalency, except where allowed by the GMP. Total residential land area may include land submerged beneath an existing freshwater body (e.g., ponds or lakes) so long as evidence of fee ownership of the submerged lands is provided at the time of development application, but may not include land COLLIER COUNTY LAND DEVELOPMENT CODE 1.08.02 1.08.02 ______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC1:18Supp. No. 32 submerged beneath tidal water bodies, nor lands considered to be marine wetlands. For purposes of calculating density the total number of dwelling units may be rounded up to the next whole number if the dwelling unit total yields a fraction of a unit .5 or greater. Destination resort hotel: A transient lodging facility (i.e. - less than six months occupancy) where patrons generally stay for several days in order to utilize, enjoy, or otherwise participate in certain amenities, natural or GENERAL PROVISIONS 1.08.02 1.08.02 ______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC1:18.1Supp. No. 32 § 3.A; Ord. No. 14-33, § 3.A; Ord. No. 15-46, § 2.A; Ord. No. 16-27, § 3.A; Ord. No. 18-18, § 3.A; Ord. No. 19-02, § 3.A; Ord. No. 20-16, § 3.A; Ord. No. 21-05, § 3.A; Ord. No. 21-25, § 3.A; Ord. No. 22-04, § 3.B; Ord. No. 22-12, § 3.B; Ord. No. 24-05, § 3.A; Ord. No. 24-11, § 3.B; Ord. No. 25-07, § 3.A; Ord. No. 25-37, § 3.B; Ord. No. 25-51, § 3.A) Figure 1 GENERAL PROVISIONS 1.08.02 1.08.02 ______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC1:35Supp. No. 32 ix. A building or structure removed from its location which is primarily significant for architectural value, or is the surviving structure most importantly associated with an historic period, person or event; or x. A property primarily commemorative in intent if design, age, tradition or symbolic value has invested it with its own historical significance; or xi. Are listed in the National Register of Historic Places. q. The designation of specific sites, structures, buildings, districts, and properties may be initiated by the preservation board or by the property owner. Upon consideration of the preservation board's report, findings, and recommendations and upon consideration of the criteria and guidelines set forth in section 203.07 E, the Board of County Commissioners shall approve, by resolution, or deny a petition for historic designa- tion. The application shall be in a form provided by the County Manager or designee. Property owners of record whose land is under consideration for designation initiated by the preservation board shall be provided two notices by certified mail return receipt requested, at least 30 days but no more than 45 days prior to any hearing regarding the historic designation by the preservation board or the board of county commis- sioners. The first notice shall provide all pertinent information regarding the designa- tion and the preservation board's scheduled meeting date to consider the site. The second notice shall indicate when the board of county commissioners will consider official designation of the site. Notice of public hearing shall be legally advertised 15 days prior to the public hearing for the Board of County Commissioners. Each designated site, district, structure, property or building shall have a data file maintained by the preservation board. The file shall contain at a minimum: site location; the historical, cultural, or archaeological significance of the site; and the specific criteria from this section qualifying the site. An official listing of all sites and properties throughout Collier County that reflect the prehistoric occupation and historical development of Collier County and its communities, including information, maps, documents and photographic evidence collected to evaluate or substantiate the designation of a particular site, structure, building, property or district shall be maintained at the Collier County Museum. The Collier County Museum shall coordinate preservation and/or restoration efforts for any historical/archaeological designated building, structure, site, property, or district that is donated to or acquired by Collier County for public use. r. Issuance of certificates of appropriateness. A certificate of appropriateness shall be issued by the preservation board for sites designated in accordance with subsection p before issuance of permits by the county to alter, excavate, relocate, reconstruct or demolish. The certificate of appropriateness shall be issued prior to the issuance of building, tree removal, or demolition permits. s. A certificate of appropriateness shall also be issued prior to the issuance of building permits for new construction within an historical/archaeological district designated in accordance with subsection 2.p. to ensure harmonious architectural design and to preserve the integrity of the historical/archaeological district. t. The application for certificate of appropriateness shall be in a form provided by the community development services division. The completed application shall be ZONING DISTRICTS AND USES 2.03.07 E.2.2.03.07 E.2.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC2:86.33Supp. No. 32 provided to the County Manager 20 days prior to the regular monthly meeting of the preservation board who shall schedule the application for consideration at the next regularly scheduled meeting. The preservation board shall meet and act upon an application for a certificate of appropriateness within 60 days of receipt of the application from the community development services division. The preservation board shall approve the application, deny the application, or approve the application with conditions. u. Ordinary repairs and maintenance as defined in section 1.08.02 are not required to obtain a certificate of appropriateness. v. Criteria for issuance of a certificate of appropriateness shall be the U.S. Secretary of the Interior's Standards for Rehabilitation, 36 CFR 67 (1983), as amended. The community development services division shall maintain and make available to the public updated copies of the Standards for Rehabilitation. w. All decisions of the preservation board shall be in writing and include findings of fact. Notice of the decision shall be provided to the applicant, and to the County Manager or designee. x. Any party aggrieved by a decision of the preservation board may appeal the decision as outlined in subsection gg. y. Incentives. The following incentives may be applicable to specific sites, structures, districts, buildings and properties designated as archaeologically or historically significant pursuant to section o. z. Financial assistance. Historical/archaeological designated sites, districts, structures, buildings, and properties as provided in section p shall be eligible for any financial assistance set aside for historic preservation projects by the State of Florida or the federal government, provided they meet the requirements of those financial assistance programs. aa. Tax credits. The preservation board shall encourage and assist in the nomination of eligible income-producing properties to the National Register of Historic Places in order to make available to those property owners the investment tax credits for certified rehabilitations pursuant to the Tax Reform Act of 1986 and any other programs offered through the National Register. bb. Building code. Historical/archaeological sites, districts, structures, buildings, and properties designated pursuant to subsection o. may be eligible for administrative variances or other forms of relief from applicable building codes as follows: cc. Repairs and alterations. Repairs, alterations and additions necessary for the preserva- tion, restoration, rehabilitation or continued use of a building or structure may be made without conformance to the technical requirements of the Standard Building Code when the proposed work has been issued a certificate of appropriateness by COLLIER COUNTY LAND DEVELOPMENT CODE 2.03.07 E.2.2.03.07 E.2.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC2:86.34Supp. No. 32 Use Category Mixed Use Activity Center Subdistrict (GGPOD-AC)1 Downtown Center Commercial Subdistrict (GGPOD-DT)1 26) Refrigeration and service industry machinery (3581—3582, 3586—3589). P 27) Search, detection, navigation, guidance, aeronautical, and nautical systems and instruments (3812). P 28) Special industry machinery, except metalworking (3552— 3559). P 29) Surgical, medical, and dental instruments and supplies (3841—3845). P 30) Transportation equipment, not elsewhere classified (3799). P 31) Watches, clocks, clockwork operated devices, and parts (3873). P 32) Any other Economic Development use which is comparable in nature with the list of permitted uses contained herein and consistent with the purpose and intent statement of the GGPOD as determined by the Hearing Examiner or Board of Zoning Appeals, pursuant to LDC section 10.02.06. P Notes: 1 See LDC section 2.03.07 F.6. for specific prohibitions in the GGPOD. 2 See LDC section 4.02.26 B.14. for pollution control standards. 3 See LDC section 4.02.26 C. for design standards specific to Economic Development uses. 4 Vertical mixed use developments shall be permitted uses. 6. Prohibited uses. These uses are prohibited, except that uses existing as of March 16, 2021 may continue to operate as a permitted use until the use ceases for a period of one year. This section does not apply to the uses allowed in the underlying zoning district. a. Prohibited uses in the GGPOD-AC and GGPOD-DT. i. Ancillary plants. ii. Animal specialty services, except veterinary (0752, with outdoor kenneling). iii. Automobile dealers (5511 and 5599). iv. Automobile parking (7521), tow-in parking lots only. v. Automotive services (7549). vi. Automotive repair services (7532—7539). vii. Boat dealers (5551). viii. Building construction (1521—1542). ZONING DISTRICTS AND USES 2.03.07 F.5.2.03.07 F.6.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC2:86.43Supp. No. 32 ix. Car washes (7542). x. Carpentry and floor work contractors (1751, 1752). xi. Wireless communication facilities, subject to LDC section 5.05.09. xii. Concrete work (1771). xiii. Correctional institutions (9223). xiv. Electrical contractors (1731). xv. Equipment Rental and Leasing, Not Elsewhere Classified (7359 - airplane rental and leasing; industrial truck rental and leasing; oil field equipment rental and leasing; oil well drilling equipment rental and leasing; and toilets, portable: rental and leasing only). xvi. Farm product raw materials (5153—5159). xvii. Fuel dealers (5983—5989). xviii. Gasoline service stations (5541). xix. Glass and glazing work (1793). xx. Golf courses, public (7992). xxi. Heating and air-conditioning contractors (1711). xxii. Heavy construction equipment rental and leasing (7353). xxiii. Installation or erection of building equipment contractors (1796). xxiv. Local trucking without storage (4212). xxv. Marinas (4493 and 4499). xxvi. Masonry, stonework, tile setting and plastering contractors (1741—1743). xxvii. Mobile home dealers (5271). xxviii. Motion picture theatres, drive-in (7833). xxix. Motor freight transportation and warehousing (4225). xxx. Motor vehicle dealers, new and used (5511, 5521). xxxi. Motorcycle dealers (5571). xxxii. Outdoor storage yards. xxxiii. Packing Services (4783). xxxiv. Painting and paper hanging (1721). COLLIER COUNTY LAND DEVELOPMENT CODE 2.03.07 F.6.2.03.07 F.6.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC2:86.44Supp. No. 32 xxxv. Passenger car leasing (7515). xxxvi. Passenger car rental (7514). xxxvii. Plumbing contractors (1711). xxxviii. Recreational vehicle dealers (5561). xxxix. Roofing, siding and sheet metal work contractors (1761). xl. Special trade contractors, not elsewhere classified (1799). xli. Structural steel erection contractors (1791). xlii. Taxicabs (4121). xliii. Truck rental and leasing, without drivers (7513). xliv. Veterinary services (0741 & 0742, with outdoor kenneling). xlv. Utility trailer and recreational vehicle rental (7519). b. Additional prohibitions for the GGPOD-DT only. i. No automatic food and drink vending machines located outside of a building. ii. Enameling, painting, or plating as a principal use is prohibited; however, these are permitted if accessory to an artist or craft studio. iii. Prisons, detention facilities, halfway houses, soup kitchens, homeless shelters, and single-room occupancy hotels, which are dormitory-style hotels with shared bathrooms and public space. G. Immokalee Urban Area Overlay District (IUAOD). 1. Purpose and intent. The purpose and intent of the IUAOD is to implement the goals, objectives, and policies of the Immokalee Area Master Plan (IAMP) and establish develop- ment criteria suitable for the unique character and land use needs of the Immokalee Community. This section, along with LDC section 4.02.27, provides support and implements the community's vision and the goals, objectives, and policies established through the IAMP. 2. Applicability. a. These regulations shall apply to the Immokalee Urban Area Overlay District as identified by the designation "IUAOD" on the official Collier County Zoning Atlas Maps. The boundary of the IUAOD is delineated on the Map below: ZONING DISTRICTS AND USES 2.03.07 F.6.2.03.07 G.2.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC2:86.45Supp. No. 32 b. The use regulations within this LDC section and the design standards of LDC section 4.02.27 shall apply to all properties within the IUAOD as depicted on Map 1. c. Properties within the IUAOD may establish uses, densities, and intensities in accordance with the IUAOD or the underlying zoning classification. However, in either instance, the design standards of the IUAOD pursuant to LDC section 4.02.27 shall apply. d. Planned Unit Developments (PUDs) that existed prior to November 13, 2025, and properties with Provisional Uses (PU) approved prior to November 13, 2025, including amendments or boundary changes to these PUDs and Provisional Use properties, are not subject to the IUAOD requirements. Any PUD proposed after November 13, 2025 shall apply the provisions of the IUAOD, unless a deviation is approved in accordance with LDC section 4.02.27 J. 3. Establishment of subdistricts. a. Main Street Overlay Subdistrict (MSOS). The purpose of this subdistrict is to encourage development and redevelopment by enhancing and beautifying the Main Street area through design and development standards that promote an urban form and a walkable environment. The subdistrict is identified on Map 2 below and further identified by the designation "MSOS" on the applicable official Collier County Zoning Atlas Maps. Map 1 - Immokalee Urban Area Overlay District Boundary COLLIER COUNTY LAND DEVELOPMENT CODE 2.03.07 G.2.2.03.07 G.3.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC2:86.46Supp. No. 32 b. State Road 29A Commercial Overlay Subdistrict (SR29OS). The purpose of the SR29OS designation is to encourage appropriate commercial development along SR 29A. These commercial uses must be located on a major arterial or collector roadway. The provisions of this subdistrict are intended to provide broader commercial uses along the SR-29 corridor and with development standards contained in LDC section 4.02.27 D. to ensure coordinated access and appropriate landscaping and buffering compatible with nearby residential properties. The subdistrict is identified on Map 3 below and further identified by the designation "SR29OS" on the applicable official Collier County Zoning Atlas Maps. Map 2 - Main Street Overlay Subdistrict Map 3 - S.R. 29A Commercial Overlay Subdistrict ZONING DISTRICTS AND USES 2.03.07 G.3.2.03.07 G.3.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC2:86.47Supp. No. 32 c. Reserved. d. Jefferson Avenue Commercial Overlay Subdistrict (JACOS). The purpose of the JACOS designation is to provide retail, office, transient lodging facilities and highway commercial uses that serve the needs of the traveling public. These commercial uses must be located on a major arterial or collector roadway. The provisions of this subdistrict are intended to provide increased commercial opportunity along Jefferson Avenue with development standards contained in LDC section 4.02.27 G.; and ensure coordinated access, appropriate landscaping and buffering to be compatible with nearby residential properties. The subdistrict is identified on Map 5 below and further identified by the designation "JACOS" on the applicable official Collier County Zoning Atlas Maps. e. Agribusiness/Farm Market Overlay Subdistrict (AFOS). The purpose of the AFOS designation is to support the agriculture industry and related businesses. The provisions of this subdistrict are intended to allow uses such as production, processing, and distribution of farm-based goods, as well as ancillary and accessory uses, including but not limited to, retail sales, warehousing/storage, equipment repair and agricultural technology and research. The subdistrict is identified on Map 6 below and further identified by the designation "AFOS" on the applicable official Collier County Zoning Atlas Maps. Map 5 - Jefferson Avenue Commercial Overlay Subdistrict COLLIER COUNTY LAND DEVELOPMENT CODE 2.03.07 G.3.2.03.07 G.3.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC2:86.48Supp. No. 32 f. Industrial Mixed Use Commercial Overlay Subdistrict (IMCOS). The purpose of the IMCOS designation (Map 7) is to allow uses contained within the Industrial - Mixed Use Subdistrict with complementary commercial uses as listed in Table 1 - Table of Uses for the IUAOD Subdistricts. The overlay comprises approximately 363 acres of which a maximum of 30 percent or approximately 109 acres shall be commercial uses as permitted in the C-4 and C-5 zoning districts. The subdistrict is identified on Map 7 below and further identified by the designation "IMCOS" on the applicable official Collier County Zoning Atlas Maps. Map 6 - Agribusiness/Farm Market Overlay Subdistrict Map 7 - Industrial Mixed Use Commercial Overlay Subdistrict ZONING DISTRICTS AND USES 2.03.07 G.3.2.03.07 G.3.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC2:86.49Supp. No. 32 g. Nonconforming Mobile Home Site Overlay Subdistrict. i. Establishment of special conditions for these properties, which by virtue of actions preceding the adoption of Ordinance No. 91-102 on October 30, 1991, were deemed to be nonconforming as a result of inconsistencies with the Land Development Code, and are located within the Immokalee Urban Boundary as depicted on the Immokalee Area Master Plan of the Collier County Growth Management Plan. ii. The purpose of these provisions is to recognize that there are nonconforming mobile homes on properties in the Immokalee Urban Area and to establish a process to provide property owners an official record acknowledging the permitted use of the property and render existing mobile homes, and other structures, as lawful. Travel trailers, regardless of the square footage, are not permitted as a permanent habitable structure and may not seek relief under this section. Properties that cannot meet the requirements may pursue an agreement with the Board of County Commissioners to establish compliance with the following regulations. iii. Property owners shall file an application as provided for in the Administrative Code, Chapter 4, Section I.3.a. - Immokalee Nonconforming Mobile Home Sites - Existing Conditions Site Improvement Plan and shall only be subject to the criteria, requirements, and process expressly stated in the Administrative Code and this LDC section. iv. The following criteria shall apply to the existing conditions site improvement plan approval process and shall be reviewed by the County Manager or designee: a) Minimum separation requirements shall be consistent with State Fire Marshal Rule 69A-42.0041 Fire Separation Requirements. b) The Fire authority having jurisdiction shall provide written confirma- tion that either the existing fire hydrant(s) or a supplemental apparatus, provided by the Fire District, can supply the required fire flow needed for fire protection. c) NFPA 501A: Standard for Fire Safety Criteria for Manufactured Home Installations, Sites, and Communities as referenced in FAC 69A- 60.005. v. Once the existing conditions site improvement plan is approved, owners may replace mobile home units with an approved building permit at sites shown on the site plan. Replacement units may be larger than the removed unit, so long as the minimum separation standards established in LDC section 2.03.06 G.6.c.i are met. a) Where properties currently exceed the density allowed for by the zoning district, the approved existing conditions site improvement plan shall establish the maximum density on the property which shall COLLIER COUNTY LAND DEVELOPMENT CODE 2.03.07 G.3.2.03.07 G.3.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC2:86.50Supp. No. 32 not exceed the density of the property as depicted on the Property Appraiser aerial maps dated before February 2016. All lots and units shall be consistent with the approved existing conditions site improve- ment plan. b) Where the zoning district allows for additional density, new mobile home units may be added and shall be identified on the site plan. New mobile homes shall be subject to the dimensional standards established in LDC section 4.02.27.I. 4. Uses allowed within the IUAOD. a. Mobile food dispensing vehicles, permanent, may be allowed on lands zoned Community Facility District (CF) within the IUAOD, subject to Conditional Use approval and contingent upon compliance with LDC section 5.05.16. b. All agriculturally zoned lands within the IUAOD shall allow agricultural research and development facilities, agri-business offices and headquarters, and facilities, offices, headquarters and apparatuses associated with an alternative energy use. c. All residentially zoned lands within the IUAOD shall allow small agriculture-related business uses, such as fruit and vegetable stands, and farmers markets, through the conditional use process. d. Table of Uses. i. The Table of Uses identifies uses as permitted uses (P) or Conditional Uses (CU). Conditional uses shall require approval in accordance with the procedures set forth in LDC section 10.08.00. ii. In addition to the uses allowed by the underlying zoning district, all properties within the IUAOD shall be allowed the following uses within the respective subdistrict(s), as specified below: Table 1. Table of Uses for the IUAOD Subdistricts Use Category MSOS SR29OS JACOS AFOS IMCOS All Business Park (BP) district uses P All Commercial Professional and General Office District (C-1) uses, excluding automobile park- ing (7521) P All Heavy Commercial (C-5) district uses P All Research and Technology Park PUD (RTPPUD) uses P Drive through areas CU 2 CU4 P4 Agricultural Uses Agricultural outdoor sales1 P P P Crop preparation services for market, except cotton ginning (0723) P Petroleum bulk stations and terminals (5171)P5 P5 Petroleum and petroleum products wholesal- ers, except bulk stations and terminals (5172 - gasoline: buying in bulk and selling to farmers - wholesale only) P5 P5 ZONING DISTRICTS AND USES 2.03.07 G.3.2.03.07 G.4.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC2:86.51Supp. No. 32 Use Category MSOS SR29OS JACOS AFOS IMCOS Commercial Uses Arrangement of passenger transportation (4724—4729) P Auctioneering services, auction rooms (7389, 5999) CU CU Auto and home supply stores (5531 installa- tion) CU2 P Automobile parking (7521) CU 2 P Automotive dealers, not elsewhere classified (5599) CU2 P Automotive rental and leasing, without drivers (7514, 7515) CU2 P Boat dealers (5551) CU P Carwashes (7542), provided that carwashes abutting residential zoning districts shall be subject to LDC section 5.05.11. CU2 P Eating and drinking places (5812, 5813) All establishments engaged in the retail sale of alcoholic beverages for on-premise consump- tion are subject to the locational requirements of LDC section 5.05.01. P Equipment rental and leasing (7359)P Farm-product raw materials (5153—5159) P P P Fresh fruits and vegetables (5148)P Gasoline service stations (5541) CU 2 P Hotels and motels (7011) P P P Intercity and rural bus transportation (4131) CU CU CU CU Motor vehicle dealers, new and used (5511, 5521) CU2 P Motorcycle dealers (5571) CU 2 P Radio and television repair shops (7622 - automotive radio repair shops only) CU2 P Recreational vehicle dealers (5561) CU 2 P Repair shops and related services (7699)P3 P3 Terminal and service facilities for motor vehicle passenger transportation (4173) CU CU CU CU CU Veterinary services (0741 and 0742, excluding outdoor kenneling) P CU Wireless communication facilities P 6 P6 Industrial Uses Arrangement of transportation freight and cargo (4731) P Electric, gas, and sanitary services (4911— 4971) CU Farm product warehouse and storage (4221)CU General warehousing and storage (4225) CU 2 P P Local and suburban transit and interurban highway passenger transportation (4111— 4121, 4141—4151) CU CU CU CU CU Miscellaneous services incidental to transporta- tion (4783, 4789) P Outdoor storage yards CU 2 P P Refrigerated warehousing and storage (4222)CU Rental of railroad cars (4741)P COLLIER COUNTY LAND DEVELOPMENT CODE 2.03.07 G.4.2.03.07 G.4.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC2:86.52Supp. No. 32 Use Category MSOS SR29OS JACOS AFOS IMCOS Special warehousing and storage (4226)CU Transportation by air (4512—4581)P Trucking and courier services, except air (4212—4215) CU Vocational schools (8243—8249)P Wholesale trade (5148)P P Notes: 1 Outdoor sales of agricultural products are permitted on improved or unimproved properties provided the applicant submits a site development plan which demonstrates that provisions will be made to adequately address the following: a) Vehicular and pedestrian traffic safety measures. b) Parking for undeveloped properties will be calculated at a rate of 1/250 square feet of merchandise area. A maximum of 10 percent of the parking required by LDC section 4.05.04 may be occupied or otherwise rendered unusable by the placement of temporary structures, equipment, signs, and merchandise. The minimum number of disabled parking spaces pursuant to LDC section 4.05.07 shall be required. c) Limited hours of operation. d) Fencing, lighting. e) Fire protection measures. f) Sanitary facilities. g) The applicant shall provide a notarized letter from the property owner granting permission to utilize the subject property for agricultural outdoor sales. h) The placement of one (1) sign, a maximum of thirty-two (32) square feet, or two (2) such signs for properties containing more than one (1) street frontage shall be permitted. i) Agricultural products may be sold from a vehicle provided that the vehicle is not located in the road right-of-way. j) Agricultural products may be displayed within any front yard provided it does not adversely affect pedestrian or vehicular traffic or public health or safety and is not located within the road rights-of-way. k) Opaque fencing shall be required adjacent to any road right-of-way. 2 Permitted only on properties with frontage on North First Street, South First Street, and North Ninth Street within the Main Street Overlay Subdistrict. 3 Limited to Agricultural equipment repair, industrial truck repair, machinery cleaning, repair of service station equipment, tractor repair. 4 Conditional use applies unless allowed within the underlying zoning district. ZONING DISTRICTS AND USES 2.03.07 G.4.2.03.07 G.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC2:86.53Supp. No. 32 5 Petroleum Bulk Stations and Terminals (5171) and Petroleum and Petroleum Products Wholesalers, (5172 — gasoline: Buying in bulk and selling to farmers — wholesale only) are subject to the following: a) Separation requirements: There shall be a minimum distance of 500 linear feet between the nearest points on any lot or parcel of land containing such proposed operations, and any lot or parcel which is already occupied by such operation, of for which a building permit has been issued. b) Waiver of separation requirements: The board of zoning appeals may by resolution grant a waiver of part or all of the minimum separation requirements set forth above pursuant to section 10.08.00. c) Separation from residentially zoned lands: There shall be a minimum distance of 500 linear feet from all residentially zoned land. d) Maximum lot area: Two acres. 6 Wireless communication facilities, as defined in LDC section 5.05.09, are permitted by right as a principal or accessory use, contingent upon the determination that such facilities are an essential service use defined by LDC section 2.01.03 A.4 and that they do not exceed a height of 75 feet above grade, including any antennas attached thereto; otherwise, they require Conditional Use approval. See LDC section 2.03.07 G.4.e. for where WCF are prohibited in the MSOS. e. Prohibited Uses. Main Street Overlay Subdistrict - All uses prohibited within the underlying residential and commercial zoning districts contained within this Subdistrict, and the following uses, shall be prohibited on properties with frontage on Main Street in between First Street and Ninth Street in the Main Street Overlay Subdistrict: i. Automobile parking (7521) ii. Automotive dealers (5511, 5521, 5531 installation, 5551, 5561, 5571, 5599). iii. Facility with fuel pumps. iv. Primary uses such as convenience stores and grocery stores are prohibited from servicing and repairing vehicles in conjunction with the sale of gasoline. v. Automotive repair, services, parking (7514, 7515, 7521) and carwashes (7542). vi. Radio and television repair shops (7622 automotive). vii. Outdoor storage yards and outdoor storage. viii. Drive-through areas. ix. Warehousing (4225). x. Wireless communication facilities, as defined in LDC section 5.05.09, except as otherwise permitted in this Subdistrict. COLLIER COUNTY LAND DEVELOPMENT CODE 2.03.07 G.2.03.07 G.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC2:86.54Supp. No. 32 xi. Any other heavy commercial use which is comparable in nature with the forgoing uses and is deemed inconsistent with the intent of this Subdistrict shall be prohibited. H. Santa Barbara Commercial Overlay District (SBCO). Special conditions for properties abutting the east side of Santa Barbara Boulevard and the west side of 55th Terrace S.W., as referenced in the Santa Barbara Commercial Subdistrict Map (Map 7) of the Golden Gate Area Master Plan. This is referenced as figure 2.03.07 H. below. 1. The purpose and intent of this district is to provide Golden Gate City with additional opportunities for small scale commercial development to serve the surrounding neighbor- hoods and those traveling nearby. This district is intended to: contain low intensity uses which generate/attract relatively low traffic volumes; be appropriately landscaped and buffered to protect nearby residential areas; be architecturally designed so as to be compatible with nearby residential areas; and limit access to promote public safety and lessen interruptions to traffic flow on Santa Barbara Boulevard. 2. Aggregation of lots is strongly encouraged so as to allow greater flexibility in site design and ease in compliance with parking requirements and other development standards. 3. In order to reduce the potential conflicts that may result from residential and commercial uses being located in this district, existing residential uses, other than owner-occupied dwellings, are required to cease to exist within a specified time period. This does not require the removal of the residential structures if they can be, and are, converted to uses permitted in this district. 4. These regulations apply to properties abutting the east side of Santa Barbara Boulevard and the west side of 55th Terrace S.W., lying north of 27th Court S.W. and south of 22nd Place S.W., all in Golden Gate City, and consisting of approximately twenty-two (22) acres. These properties are identified on Map 7 of the Golden Gate Area Master Plan. Except as provided in this regulation, all other use, dimensional, and development requirements shall be as required or allowed in the underlying zoning categories. 5. Sidewalks. Projects shall provide sidewalks so as to encourage pedestrian and bicycle traffic. Adjacent projects shall coordinate the location and intersection of sidewalks. ZONING DISTRICTS AND USES 2.03.07 G.2.03.07 H.5.______________________________________________________________________________________ ___________________________________________________________________________________________________________ [The next page is LDC2:86.59] LDC2:86.55Supp. No. 32 4. Area of Critical State Concern (ACSC). Nothing herein shall exempt any land use from complying with the applicable design standards and requirements of the Area of Critical State Concern-Special Treatment (ACSC-ST) overlay district per LDC section 4.02.14. 5. Floodplain Protection. Nothing herein shall exempt any land use from complying with the applicable Floodplain Protection standards under LDC section 3.02.00. (Ord. No. 04-54, § 2; Ord. No. 04-72, § 3.E; Ord. No. 05-27, § 3.D; Ord. No. 05-49, § 3.A; Ord. No. 06-08, §§ 3.C—3.F; Ord. No. 06-63, §§ 3.E—3.H; Ord. No. 07-67, § 3.D; Ord. No. 07-68, § 3.B; Ord. No. 08-08, § 3.B; Ord. No. 08-11, § 3.J; Ord. No. 08-63, § 3.E; Ord. No. 09-43, § 3.A; Ord. No. 10-23, § 3.H; Ord. No. 12-39, § 3.B; Ord. No. 14-33, § 3.D; Ord. No. 15-44, § 3.A; Ord. No. 16-27, § 3.F; Ord. No. 18-18, § 3.D; Ord. No. 19-09, § 3; Ord. No. 19-35, § 3.A; Ord. No. 20-16, § 3.C; Ord. No. 20-44, § 3.E; Ord. No. 21-05, § 3.F; Ord. No. 21-14, § 3.B; Ord. No. 22-04, § 3.C; Ord. No. 22-12, 3.C; Ord. No. 23-10, § 3.A; Ord. No. 23-19, § 3.B; Ord. No. 24-05, § 3.I; Ord. No. 24-11, § 3.G; Ord. No. 24-35, § 3.D; Ord. No. 25-51, § 3.B; Ord. No. 25-56, § 3.A) 2.03.08 Rural Fringe Zoning Districts A. Rural Fringe Mixed-Use District (RFMU District). 1. Purpose and scope. The purpose and intent of the RFMU District is to provide a transition between the Urban and Estates Designated lands and between the Urban and Agricultural/ Rural and Conservation designated lands farther to the east. The RFMU District employs a balanced approach, including both regulations and incentives, to protect natural resources and private property rights, providing for large areas of open space, and allowing, in designated areas, appropriate types, density and intensity of development. The RFMU District allows for a mixture of urban and rural levels of service, including limited extension of central water and sewer, schools, recreational facilities, commercial uses, and essential services deemed necessary to serve the residents of the RFMU District. The innovative planning and development techniques which are required and/or encouraged within the RFMU District were developed to preserve existing natural resources, including habitat for listed species, to retain a rural, pastoral, or park-like appearance from the major public rights-of-way, and to protect private property rights. a. Establishment of RFMU Zoning Overlay District. In order to implement the Rural Fringe Mixed Use District (RFMUD) designation in the Future Land Use Element (FLUE) of the GMP, the RFMU District shall be designated as "RFMUO" on the Official Zoning Atlas and is hereby established. The RFMU District replaces the underlying zoning district where that underlying zoning district is A, Rural Agricultural, except where development standards are omitted in the RFMU District. The County-wide Future Land Use Map is located in the Future Land Use Element of the GMP or can be obtained from the Growth Management Department, located at 2800 N. Horseshoe Drive, Naples, FL 34104. The lands included in the RFMU District and to which LDC section 2.03.08 apply are depicted by the following map: ZONING DISTRICTS AND USES 2.03.07 Q.4.2.03.08 A.1.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC2:86.103Supp. No. 32 b. Exemptions. The requirements, limitations and allowances of this section shall not apply to, affect or limit the continuation of existing uses. Existing uses shall include: those uses for which all required permits were issued prior to June 19, 2002; or, projects for which a Conditional use has been approved by the County prior to June 19, 2002; or, projects for which a Rezone petition has been approved by the County prior to June 19, 2002 - inclusive of all lands not zoned A, Rural Agricultural; or, land use petitions for which a completed application has been submitted prior to June 19, COLLIER COUNTY LAND DEVELOPMENT CODE 2.03.08 A.1.2.03.08 A.1.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC2:86.104Supp. No. 32 2002. The continuation of existing uses shall include on-site expansions of those uses if such expansions are consistent with or clearly ancillary to the existing uses. Hereafter, such previously approved developments shall be deemed to be consistent with the Plan's Goals, Objectives and Policies for the RFMUD, and they may be built out in accordance with their previously approved plans. Changes to these previous approvals shall also be deemed consistent with the Plan's Goals, Policies and Objectives for the RFMUD as long as they do not result in an increase in development density or intensity. c. Ordinance superceded. Ordinance Number 98-17 is hereby expressly superceded. Any development in the area formerly subject to that ordinance shall henceforth conform to the provisions of this Section and all other provisions of this Code that are applicable to development within the RFMU district. 2. RFMU receiving lands. RFMU receiving lands are those lands within the RFMU district that have been identified as being most appropriate for development and to which residential development units may be transferred from RFMU sending lands. Based on the evaluation of available data, RFMU receiving lands have a lesser degree of environmental or listed species habitat value than RFMU sending lands and generally have been disturbed through development or previous or existing agricultural operations. Various incentives are employed to direct development into RFMU receiving lands and away from RFMU sending lands, thereby maximizing native vegetation and habitat preservation and restoration. Such incentives include, but are not limited to: the TDR process; clustered development; density bonus incentives; and, provisions for central sewer and water. Within RFMU receiving lands, the following standards shall apply, except as noted in LDC subsection 2.03.08 A.1 above, or as more specifically provided in an applicable PUD. a. Outside rural villages. (1) NBMO Exemption. Except as specifically provided herein NBMO Receiving Lands are only subject to the provisions of section 2.03.08 C. (2) Maximum Density. (a) Base density. The base residential density allowable within RFMU receiving lands, exclusive of the applicable density blending provisions set forth in section 2.05.02, is 1 unit per 5 gross acres (0.2 dwelling units per acre) or, for those legal nonconforming lots or parcels in existence as of June 22, 1999, 1 unit per lot or parcel. ZONING DISTRICTS AND USES 2.03.08 A.1.2.03.08 A.2.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC2:86.105Supp. No. 32 2. Application. An application for AHDB for a development must be submitted to the County Manager or designee in the form established by the County Manager or designee. The application must, at a minimum, include: a. Zoning districts proposed by the applicant on the property and acreage of each; b. The total number of residential dwelling units in the proposed development, categorized by number of bedrooms and whether the unit is to be rented or owner-occupied; c. The total number of AHDB units requested, categorized by number of bedrooms and whether the unit is to be rented or owner-occupied; d. Total number of affordable housing units proposed in the development, categorized by level of income, number of bedrooms (one bedroom, two bedrooms, three bedrooms, or more), and rental units and owner-occupied units: i. Gap-income households. ii. Moderate-income households. iii. Low-income households. iv. Very-low-income housing units. e. Gross density of the proposed development; f. Whether the AHDB is requested in conjunction with an application for a PUD, rezoning, SRA, or a conditional use for a Commercial Mixed-Use project as provided for within LDC section 4.02.38; and g. Any other information which would reasonably be needed to address the request for AHDB for the development pursuant to the requirements set forth in this section. 3. Determination of completeness. After receipt of an application for AHDB, the County Manager or designee shall determine whether the application submitted is complete. If it is determined that the application is not complete, the County Manager or designee shall notify the applicant in writing of the deficiencies. The County Manager or designee shall take no further steps to process the application until the deficiencies have been remedied. 4. Review and recommendation by the County Manager or designee. After receipt of a completed application for AHDB, the County Manager or designee must review and evaluate the application in light of the AHDB rating system, the AHDB monitoring program and the requirements of this section. The County Manager or designee must coordinate with the Zoning Division director or designee to schedule the AHDB application with the companion application for a PUD, rezoning, SRA, or conditional use, and must recommend to the planning commission and the Board of County Commissioners (BCC) to deny, grant, or grant with conditions, the AHDB application. The recommendation of the County Manager or designee must include a report in support of recommendation. If the AHDB application is for a density bonus that is permitted by right, with no companion application for a PUD, rezoning, ZONING DISTRICTS AND USES 2.06.01 D.2.2.06.01 D.4.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC2:133Supp. No. 32 SRA, or Conditional Use, then, after review of the application in light of the AHDB rating system, the AHDB monitoring program and the requirements of this section, the County Manager or designee shall schedule the AHDB agreement for consideration by the BCC. 5. Review and recommendation by the planning commission. Upon receipt by the planning commission of the application for AHDB and the written recommendation and report of the County Manager or designee, the planning commission must schedule and hold a properly advertised and duly noticed public hearing on the application. If the application has been submitted in conjunction with an application for a PUD, rezoning, SRA, or conditional use, then the hearing must be consolidated and made a part of the public hearing on the respective application before the planning commission. The planning commission must consider the application for AHDB in conjunction with the application for the PUD, rezoning, SRA, or conditional use. After the close of the public hearing, the planning commission must review and evaluate the application in light of the requirements of this section and the requirements for a PUD, rezoning, SRA, or conditional use, as applicable, and must recommend to the BCC that the application be denied, granted or granted with conditions. 6. Review and determination by Board of County Commissioners. Upon receipt by the BCC of the application for AHDB and the written recommendation and report of the County Manager or designee and recommendation of the planning commission, the BCC must schedule and hold a properly advertised and duly noticed public hearing on the application. If the application has been submitted in conjunction with an application for a PUD, rezoning, SRA, or conditional use, then the hearing must be consolidated and made a part of the public hearing on the respective application before the BCC, and the BCC must consider the application for AHDB in conjunction with the application for the PUD, rezoning, SRA, or conditional use. After the close of the public hearing, the BCC must review and evaluate the application in light of the requirements of this section and the requirements for a PUD, rezoning, SRA, or conditional use, and must deny, grant, or grant with conditions, the application in accordance with the AHDB rating system and the AHDB monitoring program. E. The procedures to request approval of a density bonus are described in Chapter 10 of this LDC, along with requirements for the developer's agreement to ensure compliance. (Ord. No. 05-27, § 3.G; Ord. No. 06-63, § 3.K; Ord. No. 19-02, § 3.B; Ord. No. 25-56, § 3.B) 2.06.02 Purpose and Intent A. Section 2.06.00 is intended to implement and be consistent with the GMP, § 163.3161 et seq. F.S, Rule 9J-5, F.A.C., and the Stipulated Settlement Agreement in DOAH Case No. 89-1299 GM, by providing for moderate-, low-, and very-low-income housing through the use of density bonuses which allow an increase in the number of residential dwelling units per acre allowed on property proposed for development, thereby decreasing the per unit cost of land and development. B. This objective is accomplished by implementing an AHDB program which consists of an AHDB rating system and an AHDB monitoring program. The purpose of the AHDB rating system is to provide increased residential densities to developers who guarantee that a portion of their housing development will be affordable by households of gap-, moderate-, low-, or very-low-income, thus expanding housing opportunities for gap-, moderate-, low-, and very-low-income households throughout COLLIER COUNTY LAND DEVELOPMENT CODE 2.06.01 D.4.2.06.02 B.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC2:134Supp. No. 32 the county. The purpose of the AHDB monitoring program is to provide assurance that the program is properly implemented, monitored, and enforced, and that useful information on affordable housing may be collected. (Ord. No. 19-02, § 3.C) 2.06.03 AHDB Rating System A. The AHDB rating system shall be used to determine the amount of the AHDB which may be granted for a development, based on household income level, type of affordable housing units (owner- occupied or ZONING DISTRICTS AND USES 2.06.02 B.2.06.03 A.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC2:134.1Supp. No. 32 CHAPTER 4 SITE DESIGN AND DEVELOPMENT STANDARDS 4.01.00 Generally 4.01.01 Elevation Requirements for All Developments 4.01.02 Kitchens in Dwelling Units and Guesthouses 4.02.00 Site Design Standards 4.02.01 Dimensional Standards for Principal Uses in Base Zoning Districts 4.02.02 Dimensional Standards for Conditional Uses and Accessory Uses in Base Zoning Districts 4.02.03 Specific Standards for Location of Accessory Buildings and Structures 4.02.04 Standards for Cluster Residential Design 4.02.05 Specific Design Standards for Waterfront lots 4.02.06 Standards for Development within the Airport Overlay (APO) 4.02.07 Standards for Keeping Animals 4.02.08 Outside Lighting Requirements 4.02.09 Design Requirements for Shorelines 4.02.10 Design Standards for Recreation Areas Within Mobile Home Rental Parks 4.02.11 Design Standards for Hurricane Shelters Within Mobile Home Rental Parks 4.02.12 Design Standards for Outdoor Storage 4.02.13 Design Standards for Development in the BP District 4.02.14 Design Standards for Development in the ST and ACSC-ST Districts 4.02.15 Design Standards for Development in the SBCO District 4.02.16 Design standards for development in the Bayshore Gateway Triangle Community Redevelop- ment Area 4.02.17—4.02.21 Reserved 4.02.22 Design Standards for GZO District 4.02.23 Design Standards for the Collier Boulevard/Interstate 75 Innovation Zone Overlay (CBIIZO) 4.02.24 Corridor Management Overlay District (CMO)—Special Regulations for Properties Abutting Golden Gate Parkway West of Santa Barbara Boulevard and Goodlette-Frank Road South of Pine Ridge Road 4.02.25 Mobile Home Overlay District (MHO)—Special Regulations for MHO in Rural Agricultural (A) Districts 4.02.26 Design Standards For The Golden Gate Parkway Overlay District (GGPOD) 4.02.27 Architectural and site design standards for the Immokalee Urban Area Overlay District (IUAOD). 4.02.28—4.02.33 Reserved. 4.02.34 Specific Standards for Shopping Centers 4.02.35, 4.02.36 Reserved 4.02.37 Reserved 4.02.38 Specific Design Criteria for Mixed Use Development within C-1 through C-3 Zoning Districts 4.02.39 Alternative Design for Housing that is Affordable 4.02.40 Reserved 4.02.41 Housing that is Affordable within Mixed Use Activity Centers and Interchange Activity Centers of the Growth Management Plan 4.02.42 Transit Oriented Development 4.03.00 Subdivision Design and Layout 4.03.01 Generally 4.03.02 Applicability 4.03.03 Subdivision Exemptions 4.03.04 Lot Line Adjustment and Lot Split 4.03.05 Subdivision Design Requirements 4.03.06 Golden Gate Estates Lot Divisions 4.03.07 Monuments 4.03.08 Facility and Service Improvement Requirements ___________________________________________________________________________________________________________ LDC4:1Supp. No. 32 4.04.00 Transportation System Standards 4.04.01 Generally 4.04.02 Access Management 4.05.00 Off-Street Parking and Loading 4.05.01 Generally 4.05.02 Design Standards 4.05.03 Specific Parking Requirements for Residential Uses in Mixed Use Urban Residential Land Use 4.05.04 Parking Space Requirements 4.05.05 Parking Variation in the P District 4.05.06 Loading Space Requirements 4.05.07 Handicapped Parking Requirements 4.05.08 Bicycle Parking Requirements 4.05.09 Stacking Lane Requirements 4.06.00 Landscaping, Buffering, and Vegetation Retention 4.06.01 Generally 4.06.02 Buffer Requirements 4.06.03 Landscaping Requirements for Vehicular Use Areas and Rights-of-Way 4.06.04 Trees and Vegetation Protection 4.06.05 General Landscaping Requirements 4.06.06 Special Buffer Requirements for the TTRVC Zoning District 4.07.00 Design Standards for Planned Unit Developments 4.07.01 Unified Control 4.07.02 Design Requirements 4.07.03 Special Requirements for Industrial Planned Unit Developments 4.07.04 Special Requirements for Mixed Use Planned Unit Developments Containing a Commercial Component 4.07.05 Special Requirements for Research and Technology Park Planned Unit Developments 4.07.06 Provision of Polling Places 4.08.00 Rural Lands Stewardship Area Zoning Overlay District Standards and Procedures 4.08.01 Specific Definitions Applicable to the RLSA District 4.08.02 Establishment of RLSA Zoning Overlay District 4.08.03 Establishment of land uses allowed in the RLSA District 4.08.04 Implementation of Stewardship Credits 4.08.05 Baseline Standards 4.08.06 SSA Designation 4.08.07 SRA Designation 4.08.08 Reserved COLLIER COUNTY LAND DEVELOPMENT CODE ______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC4:2Supp. No. 32 e. Any outdoor display, sales, or storage of manufactured products, raw or finished materials, boats, or vehicles that exceed a height of six feet shall be set back at least 50 feet from a property line that is adjacent to or in the view of property zoned for or used for residential purposes. f. For properties with access to an alley, the alley shall be the primary access for loading and service functions unless physical constraints preclude the use of the alley in this manner. g. Buffering shall be provided in accordance with LDC section 4.02.16 E., unless as specified in this section for outdoor display, sales, or storage of manufactured products, raw or finished materials, boats, or vehicles: Outdoor display or sales area Min. Screening Width (ft) Screening material Perimeter screening, except for side and rear yards that adjoin or are in view of property zoned for residential purposes 10 Trees a minimum of 14 feet in height, spaced 30 feet on center and a double hedge row, three feet in height and spaced 3 feet on center at time of planting Side and rear yards that adjoin or are in view of property zoned for residential purposes 10 Wall or fence six feet in height. The outside of the wall or fence must contain landscape material in accordance with Type B buffer require- ments Outdoor storage area 10 Wall or fence in accordance with LDC section 4.02.12. The outside of the wall or fence must contain landscape material in accordance with Type B buffer requirements Note: Wall or fence material shall consist of either vinyl composite, concrete block with stucco finish, or metal, or a combination. No chain link or wood fences are allowed. h. Minimum required parking spaces for outdoor display, sales, or storage of manufactured products, raw or finished materials, boats, or vehicles shall be 1 space per 1,000 square feet of outdoor display and outdoor sales area in addition to the requirement for the buildings and other uses on the site. Required parking spaces shall be clearly designated and not used for items for sale or display. Outdoor display or sales areas shall be connected to these parking spaces and to the primary structure on the site by a pedestrian walkway. 11. Commercial vehicle or fleet vehicle parking for non-residential uses. a. Commercial vehicle or fleet vehicle parking in connection with a non-residential use in a non-residential district may be permitted on improved property, limited to the rear yard. b. Screening of commercial vehicle or fleet vehicle parking that adjoins or is in view of property zoned for or used for residential purposes must include a minimum 6 foot high wall or fence. The wall or fence material can be vinyl composite, concrete block SITE DESIGN AND DEVELOPMENT STANDARDS 4.02.16 C.10.4.02.16 C.11.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC4:49Supp. No. 32 with stucco finish, metal, or a combination. No chain link or wood fences are allowed. A minimum 10 foot wide landscape buffer must be planted outside the wall or fence with trees at a minimum height of 14 feet and double row hedge at a minimum height of 3 feet at time of planting. c. For properties with access to an alley, the alley shall be the primary access for loading and service functions and access to the commercial or fleet vehicles unless physical constraints preclude the use of the alley in this manner. 12. View of repair bays and overhead doors. Repair bays that are open or that have metal roll-up garage doors shall not be visible from public rights-of-way, except for alleys. 13. Limited Density Bonus Pool Allocation (LDBPA) for multi-family or mixed use developments on two contiguous acres or less. a. Purpose and Intent. The limited density bonus pool for smaller developments are to incentivize redevelopment and to promote investment in the public realm. b. Eligibility. Up to two additional dwelling units per acre are allowed to be allocated to a multi-family or mixed use development through an LDBPA, subject to the following requirements and procedures: i. The project must comply with the dimensional and design standards of the BZO or GTMUD as applicable. ii. The development shall be within a zoning district or overlay zoning district that permits multi-family development or mixed use development. iii. The property shall be limited to a maximum of two contiguous acres. An allocation request shall not be granted for property that is subdivided after March 11, 2022. iv. The maximum number of additional units shall be limited to four additional units and not exceed a density increase of two additional dwelling units per acre. v. Development must comply with eligibility criteria in LDC section 4.02.16 C.15. vi. The Administrative Code shall establish the process and submittal require- ments for an LBDPA application. c. Public notice. Public notice, notice to property owners, and an advertised public hearing, is required and shall be provided in accordance with the applicable provisions of LDC section 10.03.06 R. and Chapter 6 of the Administrative Code. d. Evaluation criteria. The application shall be reviewed by the Hearing Examiner, or if the Hearing Examiner has a conflict, then by the Planning Commission for compli- ance with the following standards of approval: i. The proposed development is consistent with the GMP. COLLIER COUNTY LAND DEVELOPMENT CODE 4.02.16 C.11.4.02.16 C.13.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC4:50Supp. No. 32 b. Parallel parking shall be a minimum of 9 feet wide by 23 feet long, but is not required to be striped. For every 5 on-street parking spaces provided, a landscape island that is 8 feet wide and 15 feet long and is surrounded by Type D concrete curbing shall be provided, in addition to the pedestrian clear zone landscape requirement. The corners adjacent to the travel lane shall be angled at least 45 degrees away from perpendicular with the curb in order to provide adequate ingress and egress from each parallel parking space. Each island shall be planted with hedges, groundcover and/or grasses less than 36 inches high and shall contain at least one small to medium ornamental tree that is a minimum of 8 feet tall at the time of planting. c. Angled parking may be 45 degrees or 60 degrees from the travel lane. Spaces must be a minimum of 9 feet wide and 18 feet long. For every 8 on-street parking spaces provided, a landscape island that is 12 feet wide and 15 feet long and is surrounded by Type D concrete curbing shall be provided, in addition to the pedestrian clear zone landscape requirement. The island shall be planted with hedges, groundcover, and/or grasses less than 36 inches high and shall contain at least one small to medium ornamental tree that is a minimum of 8 feet tall at the time of planting. 4. Off-Street Parking Location: Off-street parking is encouraged to be located to the side or rear of the building in order to establish a pedestrian friendly environment. Off-street parking in front of buildings abutting Bayshore Drive and Thomasson Drive in the BZO and US 41, Davis Boulevard and Commercial Drive in the mini-triangle area of the GTZO shall not exceed 50 percent of that building's parking requirements and shall be limited to a single-aisle double loaded parking lot. Parking lots abutting Bayshore Drive may have perimeter walls functioning as pedestrian seating or public art walls. 5. Bicycle Parking: Bicycle parking shall be required as provided for in section 4.05.08, except as provided below: a. Number of Required Spaces: The number of bicycle parking spaces shall be as provided for in section 4.05.08 B. b. Location: Bicycle parking shall have access via sidewalks, pathways or driveways to the public right-of-way and be located as provided below: i. Parking Structures: Required bicycle parking within a structure shall be located in or near main entrances or elevators to provide for pedestrian safety, visibility, and security of property. ii. On Site: Bicycle parking (not located within a parking structure) shall be located on site within 50 feet of main building entrances. Bicycle parking shall not obstruct walkways. iii. Right-of-Way: Bicycle parking may be located in the public right-of-way subject to an approved right-of-way permit. iv. Shared Bicycle Parking: Where there is more than one building on a site, or parking is shared with an adjacent site, bicycle parking shall be distributed equally to serve all buildings and main entrances. SITE DESIGN AND DEVELOPMENT STANDARDS 4.02.16 F.3.4.02.16 F.5.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC4:54.23Supp. No. 32 G. Signage. Signage shall be permitted as allowed by section 5.06.00, except as otherwise regulated by this section for specific uses. H. Murals. Murals are allowed as public art within the BGTCRA subject to the following conditions: 1. Murals are only allowed on commercial, civic or institutional buildings. 2. Building must be located within the proposed Cultural District boundary, Community Redevelopment Agency Resolution 08-60, and cannot be located along U.S. 41. 3. One mural is allowed per building. 4. Murals are permitted on sections of buildings where there are no windows or doors or where the mural will not interfere with the building's architectural details. 5. The mural cannot exceed 200 square feet unless specifically approved by the CRA Advisory Board. 6. The mural shall not contain text for the purpose of advertising any business or commercial activity. 7. The mural cannot be temporary in nature and the building owner must commit to maintaining the mural. 8. Review and approval from the CRA Advisory Board is required to ensure the mural complies with the conditions above and that the artwork complements the design of the building in color, shape, and location. (Ord. No. 06-08, § 3.J; Ord. No. 06-63, § 3.Q; Ord. No. 07-68, § 3.C; Ord. No. 12-39, § 3.C; Ord. No. 14-33, § 3.K; Ord. No. 16-22, § 3.C; Ord. No. 20-02, § 3; Ord. No. 22-08, § 3.B; Ord. No. 22-12, § 3.E; Ord. No. 24-11, § 3.Y; Ord. No. 25-51, § 3.C) 4.02.17—4.02.21 Reserved. Editor’s note—Ord. No. 12-39, §§ 3.D—3.H, adopted September 25, 2012, repealed §§ 4.02.17—4.02.21, which pertained to design standards for development in the BMUD—Waterfront Subdistrict; Residential Subdistrict (R1); Residential Subdistrict (R2); Residential Subdistrict (R3); Residential Subdistrict (R4) and derived from Ord. No. 06-08, §§ 3.K, 3.L, 3.O; Ord. No. 06-63, §§ 3.R, 3.S; Ord. No. 07-68, §§ 3.D—3.G. 4.02.22 Design Standards for GZO District A. These regulations are intended to supplement the existing land development regulations found in this LDC. In the event of a conflict between other provisions of this LDC and these regulations, these regulations contained in this overlay shall control. B. Dimensional standards applicable to non-commercial zoning districts. Table 14. Design and Dimensional Standards in the GZO District. Design Standard Maximum building height Same as the VR District, but not more than 2 levels of habitable space for residential purposes COLLIER COUNTY LAND DEVELOPMENT CODE 4.02.16 G.4.02.22 B.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC4:54.24Supp. No. 32 Design Standard Minimum lot requirements Single family dwelling or mobile home Minimum lot area Minimum lot width Same as the VR District, except as follows: 4,275 square feet 45 feet SITE DESIGN AND DEVELOPMENT STANDARDS 4.02.22 B.4.02.22 B.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC4:54.24.1Supp. No. 32 vi. Development standards for signs in nonresidential districts: LDC section 5.06.04. 3. Conflict with other relief processes. a. This section is not intended to replace the current established process of requesting deviations associated with the following: i. Master plan elements of the respective PUD pursuant to LDC section 10.02.13. However, the deviation process of LDC section 4.02.26 E. is available to PUD-zoned lands within the GGPOD provided that such request is based on a specific dimensional or design requirement described in LDC section 4.02.26 E.2, and provided the request further promotes compliance with the purpose and intent of the GGPOD. ii. Site plan with deviations for redevelopment projects pursuant to LDC section 10.02.03 F., unless such request is based on a dimension, site feature, or architectural standard listed under LDC section 4.02.26 E.2. iii. Deviations and alternate compliance pursuant to LDC section 5.05.08 G. iv. Post take plan application pursuant to LDC section 9.03.07 A. b. Deviations from the LDC which are not expressly provided for in this section shall be processed as variances in accordance with LDC section 9.04.00. 4. Evaluation criteria. When evaluating a deviation, the following criteria shall be considered: a. Whether the proposed deviation is compatible with adjacent land uses and achieves the requirements and/or intent of the regulations as closely as is practicable; b. Whether the proposed deviation is the minimum amount necessary to allow for reasonable use of the property and/or address the issue necessitating the deviation request; and c. Whether the reduced or increased standard requested by the deviation is mitigated for, either on the subject site or by providing a public benefit on the subject site. Examples of such on-site mitigation include but are not limited to: increasing setbacks from the adjacent road right-of-way when proposing to deviate from sign size limitations; increasing plantings or planting sizes or installing a fence or wall where a reduced buffer width is proposed; providing public pedestrian and/or bicycle pathway easements or other similar mobility improvements including transit enhancements; providing public parking; providing beautification in the public realm, including street trees, street furniture, lighting and other similar public benefits. 5. Public notice. Public notice, including signage, notice to property owners, and an advertised public hearing, is required for deviation requests and shall be provided in accordance with the applicable provisions of LDC section 10.03.06 R. (Ord. No. 09-43, § 3.A; Ord. No. 21-14, § 3.D) SITE DESIGN AND DEVELOPMENT STANDARDS 4.02.26 E.2.4.02.26 E.5.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC4:59Supp. No. 32 4.02.27 Architectural and Site Design Standards for the Immokalee Urban Area Overlay District (IUAOD). A. General. 1. The provisions of LDC section 4.02.27 shall apply to the following buildings and projects within the IUAOD: a. Commercial zoning districts and commercial components of PUD zoning districts. b. Non-residential PUD zoning districts and non-residential components of any PUD district. c. Business Park (BP) zoning district. d. Existing buildings located in the zoning districts specified in a., b., or c. above wherein any addition or renovation will result in a change to more than 75 percent of the façade area, or for which the addition or renovation exceeds 50 percent of the square footage of the gross area of the existing building. 2. Residential uses shall be regulated by the underlying zoning districts and applicable development standards. However, any project using the Affordable Housing Density Bonus by Right provision in the Immokalee Area Master Plan Element of the Growth Management Plan will use the Residential Multi-Family-16 District development standards in the LDC. 3. The provisions of LDC section 5.05.08 do not apply to the properties identified in LDC section 4.02.27 A.1. 4. Nonconforming buildings approved for use and occupancy prior to November 10, 2004, shall not be enlarged or altered in a way which increases the nonconformity. All alterations or façade improvements to nonconforming buildings shall be consistent with LDC section 4.02.27 and shall be reviewed for compliance by the County Manager or designee; however, unaltered portions of the nonconforming building will not be required to comply. 5. Exceptions. a. A historic site, structure, building, district, or property that has been identified and documented as being significant in history, architecture, archaeology, engineering, or culture and is registered through the National Register of Historic Places. b. The Rural Agricultural (A) zoning district as established in the Official Zoning Atlas. c. Façades facing an interior courtyard provided the façades are not visible from any public property (e.g., street, right-of-way, sidewalk, alley), interior drive, parking lot, or adjacent private property. d. The following shall be exempt from the standards of LDC section 4.02.27 Architectural and Site Design Standards but shall comply with the exterior materials and color included in LDC section 4.02.27 B.2.k. i. Routine repairs and maintenance of an existing building. COLLIER COUNTY LAND DEVELOPMENT CODE 4.02.27 4.02.27 A.5.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC4:60Supp. No. 32 ii. Public utility ancillary systems provided that a building shall not have any wall planes exceeding 35 feet in length, excluding storage tanks, or have an actual building height greater than 18 feet, excluding storage tanks and communica- tions equipment. See LDC section 4.06.05 B.4 for screening requirements of fences and walls surrounding public utility ancillary systems. e. Agribusiness/Farm Market Overlay Subdistrict (AFOS). i. The following uses, located within the AFOS and as identified in the Standard Industrial Classification Manual, are exempt from the provisions set forth in LDC section 4.02.27 B.2 Building Design Standards. a) Agricultural Services (0723). b) Wholesale Trade (5148). c) Agricultural Outdoor Sales. B. Building and site design standards for the entire Immokalee Urban Area Overlay District (IUAOD). 1. Architectural styles. The architectural styles may include, but are not limited to, the following: a. Spanish Vernacular. i. Mediterranean style. Also known as Spanish Eclectic or Spanish Colonial Revival. Characteristics typically include barrel tile, low-pitched roofs usually with little or no overhang, parapets, arches, stucco, and asymmetrical façades. Buildings typically contain the following: multi-level roofs composed of barrel tile (half cylinders) or Spanish Tile (s-curved shape) in red and earth tones, façade of stucco with sand finish or hand troweled, arched windows (some triple-arched), ornamentation contain full arches and patterned tiles or single tile for accent. ii. Mission style. Influenced by the Spanish Colonial Style. Characteristics typically include barrel tile roofs, arches, earth tone colors, and asymmetrical façades finished in stucco. Similar to the Mediterranean Style but exhibiting much less ornamentation and detailing. Mission Style buildings typically contain flat roof with curvilinear parapets are most common, Barrel Tile (half cylinders) or Spanish Tile (s-curved shape), stucco with sand finish or hand troweled, and ornamentation containing full arches. b. Frame Vernaculars. Also known as Florida Cracker or Key West Style. Some frame vernacular buildings in Florida exhibit a Caribbean influence, while others are more utilitarian or rural in nature. Most familiar elements of this style are the use of horizontal siding for façade finish, elaborate wood balustrades, large porches, and metal roofs. Buildings typically contain metal roof (5v panels or narrow standing seam), lapped siding with corner boards (wood or vinyl) and ornamentation of gable end or eave brackets. c. Contemporary. Contemporary architecture focuses on innovation while being in harmony with nature through the use of clean geometric lines and elements such as SITE DESIGN AND DEVELOPMENT STANDARDS 4.02.27 A.5.4.02.27 B.1.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC4:61Supp. No. 32 openness both in interiors and to the outside, natural light, eco-friendly materials and creative styles. This is achieved through the use of a range of building materials such as concrete, glass, wood, and metals. 2. Building Design Standards. a. Building façades. The following standards apply: i. All primary façades of a building must be designed with consistent architectural style, detail, and trim features. ii. Buildings or projects located at the intersection of two or more arterial or collector roads shall include design features to emphasize their location as gateways and transition points within the community. b. Primary façade design features. i. Building entrance. Buildings located along a public or private street must be designed with the principal entrance clearly defined, and with convenient access from both parking and the street. ii. Design features. The design of principal entrance façades must include, at a minimum, two of the following design features. However, a minimum of one of the following design features is required for buildings less than 5,000 square feet: a) Glazing covering a minimum of 25 percent of the principal entrance façade area, consisting of window and/or glazed door openings. As an alternative, trellis or latticework on the principal entrance façade used as a support for climbing plants may count for up to 50 percent of the window area on principal entrance facades. The planting area shall be an irrigated bed three (3) feet in depth and a minimum width equal to the width of the trellis with three (3)-gallon vines at three (3) feet on center at time of installation. Climbing plants shall achieve 80 percent opacity on the trellis within one year. b) Projected or recessed covered principal entrance facades providing a minimum horizontal dimension of eight feet and a minimum area of 100 square feet. In addition, a minimum of 15 percent of the principal entrance façade area must be devoted to window and/or glazed door openings. c) Covered walkway, or arcade (excluding canvas type) constructed with columns at least eight (8) inches wide, attached to the building, or located no more than 12 feet from the building. The structure must be permanent, and its design must relate to the principal structure. The minimum width must be six (6) feet, with a total length measuring a minimum of 40 percent of the length of the associated COLLIER COUNTY LAND DEVELOPMENT CODE 4.02.27 B.1.4.02.27 B.2.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC4:62Supp. No. 32 façade. In addition, a minimum of 15 percent of the principal entrance façade area must be devoted to window and/or glazed door open- ings. d) Awnings located over doors, windows, or other ornamental design features projecting a minimum of two (2) feet from the principal entrance façade wall and a width totaling a minimum of 25 percent of the principal entrance façade length. In addition, a minimum of 15 percent of the principal entrance façade area must be devoted to window and/or glazed door openings. e) Porte-cochere with a minimum horizontal dimension of 18 feet. In addition, a minimum of 15 percent of the principal entrance façade area must be devoted to window and/or glazed door openings. f) A tower element such as but not limited to a clock or bell tower element. In addition, a minimum of 15 percent of the principal entrance façade area must be devoted to window and/or glazed door openings. g) Trellis or latticework covering a minimum of 15 percent of the principal entrance façade and used as a support for climbing plants. The planting area shall be an irrigated bed three (3) feet in depth and a minimum width of the trellis with three (3)-gallon vines at three (3) feet on center at time of installation and climbing plants shall achieve 80 percent opacity on the trellis within one year. This provision shall not be utilized with the alternative design feature identified in LDC section 4.02.27 B.2.b.ii.a. h) Entry plaza to the building with a minimum 100 square feet in area that includes seating. In addition, a minimum of 15 percent of the primary façade area must be devoted to window and/or glazed door openings. i) Entry courtyard contiguous with the building entry and connected to the principal entrance façade consisting of a defined space with a minimum area of 300 square feet. The courtyard may be any combination of hard or softscape with walkways and defined hard edge, decorative fencing, or a minimum three (3)-foot wall(s). In addition, a minimum of 15 percent of the principal entrance façade area must be devoted to window and/or glazed door openings. j) For mixed use development projects within C-1 through C-3 zoning districts the following design features may be used: i) Open arcade or covered walkway with a minimum depth of eight (8) feet and a minimum length of 60 percent of the façade. SITE DESIGN AND DEVELOPMENT STANDARDS 4.02.27 B.2.4.02.27 B.2.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC4:62.1Supp. No. 32 ii) A building recess or projection of the first floor with minimum depth of eight (8) feet and total minimum length of 60 percent of the façade length. iii) Architectural elements such as balconies and bay windows with a minimum depth of three (3) feet and that cover a minimum of 30 percent of the façade above the first floor. (Storm shutters, hurricane shutters, screen enclosures or any other comparable feature, if applied as part of the structure, must also comply with the required minimum depth). c. Façade/wall height transition elements. i. Purpose. The intent of this section is to ensure that the proposed buildings relate in mass and scale to the immediate streetscape and the adjacent built environment. ii. Applicability. Transitional massing elements must be provided on proposed buildings that are twice the height or more of any existing building within 150 feet, as measured from the edge of the proposed building. iii. Design standards. a) Transitional massing elements can be no more than 100 percent taller than the average height of the adjacent buildings, but no more than 30 feet, and no less than ten (10) feet above the existing grade. b) Transitional massing elements must be incorporated for a minimum of 60 percent of the length of the façade, which is in part or whole within the 150 feet of an existing building. c) Transitional massing elements include, but are not limited to, wall plane changes, roofs, canopies, colonnades, balconies, other similar architectural features, with the minimum depth for projections and recesses relative to the building size, and must meet the following requirements: i) For buildings consisting of 20,000 square feet or larger in gross building area, projections and recesses must have a minimum depth of six (6) feet. ii) For buildings between 10,000 and 19,999 square feet in gross building area, projections and recesses must have a minimum depth of four (4) feet. iii) For buildings up to 9,999 square feet in gross building area, projections and recesses must have a minimum depth of two (2) feet. COLLIER COUNTY LAND DEVELOPMENT CODE 4.02.27 B.2.4.02.27 B.2.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC4:62.2Supp. No. 32 d. Variation in massing. A single, large, dominant building mass must be avoided. Changes in mass must be related to entrances, the integral structure and the organization of interior spaces and activities, and not merely for cosmetic effect. False fronts or parapets create insubstantial appearance and are discouraged. All façades, excluding courtyard area, shall be designed to employ the design treatments listed below: i. Projections and recesses. a) For buildings 20,000 square feet or larger in floor area, a maximum length, or uninterrupted curve of any façade, at any point, shall not exceed 125 linear feet. Projections and recesses must have a minimum depth of six (6) feet within the 125 linear feet limitation. b) For buildings between 10,000 and 19,999 square feet in floor area, a maximum length, or uninterrupted curve of any façade, at any point, shall not exceed 100 linear feet. Projections and recesses must have a minimum depth of four (4) feet within the 100 linear feet limitation. c) For buildings between 5,000 and 9,999 square feet in floor area, a maximum length, or uninterrupted curve of any façade, at any point, shall not exceed 75 linear feet. Projections and recesses must have a minimum depth of two (2) feet within the 75 linear feet limitation. d) For buildings less than 5,000 square feet in floor area, a maximum length, or uninterrupted curve of any façade, at any point, shall not exceed 50 linear feet. Projections and recesses must have a minimum depth of one and a half (1.5) feet, and a minimum total width of 20 percent of the façade length. e. Wall Plane Changes. i. Buildings subject to the projections or recesses depths required by LDC section 4.02.27 B.2.d.i must not have a single wall plane exceeding 60 percent of each façade. Illustration - Measurement of projections and recesses SITE DESIGN AND DEVELOPMENT STANDARDS 4.02.27 B.2.4.02.27 B.2.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC4:62.3Supp. No. 32 ii. If a building has a projection or recess of 40 feet or more, each is considered a separate façade, and must meet the requirements for wall plane changes in LDC section 4.02.27 B.2.e.i. f. Building design treatments. In addition to the principal entrance façade, the following design treatments must be an integral part of the building's design and integrated into the overall architectural style. Primary façades, other than the principal entrance façade, must have at least four (4) of the following building design treatments. However, a minimum of two (2) of the following design treatments are required for buildings less than 5,000 square feet: i. Canopies, porticos, or porte-cocheres, integrated with the building's massing and style; ii. Overhangs, minimum of three (3) feet; iii. Colonnades or arcades, a minimum of eight (8) feet clear in width; iv. Sculptured artwork; v. Murals; vi. Cornice minimum two (2) feet high with 12-inch projection; vii. Peaked or curved roof forms; viii. Arches with a minimum 12-inch recess depth; ix. Display windows; x. Ornamental and structural architectural details, other than cornices, which are integrated into the building structure and overall design; Illustration - Wall Plane Percentages COLLIER COUNTY LAND DEVELOPMENT CODE 4.02.27 B.2.4.02.27 B.2.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC4:62.4Supp. No. 32 xi. Clock or bell tower, or other such roof treatment (i.e., dormers, belvederes, and cupolas); xii. Projected and covered entry, with minimum dimension of eight (8) feet and the minimum area of 100 square feet; xiii. Emphasized building base, minimum of three (3) feet high, with a minimum projection from the wall of two (2) inches; xiv. Additional roof articulation above the minimum standards; xv. Curved walls; xvi. Columns; xvii. Pilasters; xviii. Metal or tile roof material; xix. Expressed or exposed structural elements; xx. Additional glazing at a minimum of 15 percent beyond the code minimum requirement; xxi. Solar shading devices (excluding awnings) that extend a minimum of 50 percent of the length of the building façade; xxii. Translucent glazing at a minimum of 10 percent beyond the code minimum glazing requirement; xxiii. Glass block at a minimum of 10 percent beyond the code minimum glazing requirement; or xxiv. Where the optional design feature in LDC section 4.02.27 B.2.a. is chosen and 85 percent of all exterior glazing within the first three stories of the building have any of the following: a) Low reflectance, opaque glazing materials (may include spandrel glass with less than 15 percent reflectance); b) Glass with visual patterns consisting of opaque points or patterns etched into or applied to the exterior or interior surfaces with frit, frost, or film for single pane or insulated glass. A maximum of two (2) inch spacing between horizontal elements and a maximum of four (4) inch spacing between vertical elements, with a minimum line or dot diameter thickness of one-eighth () inch; c) Glass with continuous etch or continuous frit on interior surface, single pane, or insulated glass; or d) External screens. SITE DESIGN AND DEVELOPMENT STANDARDS 4.02.27 B.2.4.02.27 B.2.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC4:62.5Supp. No. 32 g. Window standards. i. False or applied windows are allowed but shall not be included in the glazing requirement for principal entrance façades. ii. Spandrel panels in curtain wall assemblies are allowed and shall be included in the minimum glazing required for principal entrance façades. h. Additional standards for outparcels and freestanding buildings within a non- residential or mixed-use PUD or unified development plan. i. Purpose and intent. To provide unified architectural design and site planning for all on-site structures, and to provide for safe and convenient vehicular and pedestrian access and movement within the site. ii. Façades standards. All façades must meet the requirements of LDC section 4.02.27 B.2.f. Building design treatments. a) Primary façades. All exterior façades of freestanding structures, including structures located on outparcels, are considered primary façades except for one secondary façade as defined below, and must meet the requirements of this section with respect to the architectural design treatment for primary façades in LDC section 4.02.27 B.2., except for those façades considered secondary façades. b) Secondary façades. Outparcels and freestanding buildings are allowed one secondary façade. One façade of a freestanding structure, including structures located on outparcels, that is internal to the site and that does not abut or face public or private streets or internal drive aisles adjacent to the development. iii. Design standards. The design for freestanding buildings must employ architectural, site and landscaping design elements integrated with, and common to those used on the primary structure and its site. These common design elements must include colors, building materials, and landscaping associated with the main structure. All freestanding buildings must provide for vehicular and pedestrian inter-connection between abutting outparcels or freestanding sites and the primary structure. iv. Primary façade standards. The following design feature is an additional option which can be used to meet the requirement in LDC section 4.02.27 B.2.b.ii. Primary façade design features: Walls expanding the design features of the building, not less than seven (7) feet high, creating a courtyard not less than 12 feet from the building and length of no less than 60 percent of the length of the associated façade. The courtyard may be gated and able to be secured from exterior public access. Grilled openings are allowed if the courtyard is landscaped. Opening depths or wall terminations must be a minimum of 12 inches deep. If the courtyard contains service or equipment, the height and design must prevent view from the exterior. Courtyard walls are not to be considered fences. COLLIER COUNTY LAND DEVELOPMENT CODE 4.02.27 B.2.4.02.27 B.2.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC4:62.6Supp. No. 32 i. Roof treatments. i. Purpose and intent. Variations in rooflines are used to add interest and reduce the massing of large buildings. Roof height and features must be in scale with the building's mass and shall complement the character of surrounding buildings and neighborhoods. Roofing materials must be constructed of durable, high-quality material in order to enhance the appearance and attractiveness of the community. The following standards identify appropriate roof treatments and features. ii. Roof edge and parapet treatment. a) When a building's largest floor is greater than 5,000 square feet in floor area a minimum of two (2) roof-edge or parapet line changes are required for all primary façades. One such change must be located on primary façades. Thereafter, one (1) additional roof change is required every 100 linear feet around the perimeter of the building. If a vertical change is used, each vertical change from the dominant roof condition must be a minimum of 10 percent of building height, but no less than three (3) feet. If a horizontal change is used, each horizontal change from the dominant roof condition must be a minimum of 20 percent of the façade length, but no less than three (3) feet. b) Roofs, other than mansard roofs, with the slope ratio of 3:12 or higher are exempt from the above requirements for vertical change for the façades that are less than 200 feet. One roof edge, or parapet line change must be provided for every 200 linear feet of the façade length. iii. Roof design standards. Roofs must meet the following requirements: a) When parapets are used, the average height of such parapets must not exceed 20 percent of the height of the supporting wall, with exception of the parapets used to screen mechanical equipment. Parapets used to screen mechanical equipment must be no less than the maximum height of the equipment. The height of parapets shall not, at any point, exceed one-third () the height of the supporting wall. b) When a flat roof is screened with a parapet wall or mansard roof at any façade, a parapet or mansard roof treatment must extend along the remaining façades. c) When sloped roofs are used, the massing and height must be in proportion with the height of its supporting walls. Sloped roofs must meet the following requirements: i) Sloped roofs that are higher than its supporting walls must feature elements that create articulation and reduce the SITE DESIGN AND DEVELOPMENT STANDARDS 4.02.27 B.2.4.02.27 B.2.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC4:62.7Supp. No. 32 massing of the roof. This includes: clear story windows, cupolas, dormers, vertical changes, or additional complementary colors to the color of the roof. ii) The color(s) of a sloped roof must complement the color(s) of the façades. iv. Prohibited roof types and materials. The following roof types and roof materials are prohibited: a) Asphalt shingles, except laminated, 320-pound, 30-year architectural grade asphalt shingles or better. b) Mansard roofs and canopies, unless they meet the following standards: i) Minimum vertical distance of eight (8) feet is required for buildings larger than 20,000 square feet. ii) Minimum vertical distance of six (6) feet is required for buildings of up to 20,000 square feet of floor area. iii) The roof angle shall not be less than 25 degrees, and not greater than 70 degrees. c) Awnings used as a mansard or canopy roofs. j. Awning standards. These standards apply to those awnings associated with and attached to a building or structure. i. Mansard awnings, which are those awnings that span 90 percent, or more, of a façade length and those which do not provide a connection between façades, must adhere to all roof standards of LDC section 4.02.27 B.2.i. Roof treatments. ii. All other awnings, which are awnings that constitute less than 90 percent of a façade length, and those that do not provide a connection between façades, must adhere to the following standards: a) The portion of the awning with graphics may be backlit, provided the illuminated portion of the awning with graphics does not exceed size limitations and the other sign standards of LDC sections 5.06.00, 9.03.00, and 9.04.00. b) The location of awnings must relate to the window and door openings, or other ornamental design features. k. Materials and colors. i. Purpose and intent. Exterior building colors and materials contribute significantly to the visual impact of buildings on the community. The colors and materials must be well designed and integrated into a comprehensive design style for the project. Intense, deep colors are appropriate for creating a Spanish COLLIER COUNTY LAND DEVELOPMENT CODE 4.02.27 B.2.4.02.27 B.2.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC4:62.8Supp. No. 32 influenced architectural character. Building trims (windowsills, door frames, ornamental features, etc.) should be highlighted with a different color from that of the building body color. Frame Vernacular architectural style reflects less intense, softer color shades highlighting architectural details in bright white. ii. Exterior building colors. a) The use of color materials or finish paint above level 14 saturation (chroma) or below lightness level three (3) on the Collier County Architectural Color Charts is limited to no more than 50 percent of a façade or the total roof area. b) The use of naturally occurring materials are permissible, such as marble, granite, and slate and the following man-made materials: silver unpainted metal roofs, and composite wood and decking materials. iii. Exterior building materials (excluding roofs). The following building finish materials are limited to no more than 50 percent of the façade area: a) Corrugated, or metal panels. b) Smooth concrete block. 3. Design Standards for Specific Building Uses. Certain uses may be established, constructed, continued, and/or expanded provided they meet certain mitigating standards specific to their design and/or operation. These conditions ensure compatibility between land uses and building types and minimize adverse impacts to surrounding properties. a. Self-storage buildings. Self-storage buildings are subject to all of the applicable provisions of this section with the following exceptions and additions: i. Overhead doors. Overhead doors are permitted on the primary façade of self-storage buildings within the IUAOD. ii. Screen walls. When a wall is proposed to screen the facility, it must be constructed of material similar and complementary to the primary building material and architecture. Long expanse of wall surface shall be broken into sections no longer than 50 feet and designed to avoid monotony by use of architectural elements such as pillars. iii. Single-story self-storage buildings. LDC section 4.02.27 B.2.b. Primary façade design features can be replaced with one of the following two options: a) Option 1. i) A minimum of 20 percent of the primary façade area must be glazed; and ii) A covered public entry with a minimum roof area of 80 square feet and no dimension less than eight (8) feet, or a SITE DESIGN AND DEVELOPMENT STANDARDS 4.02.27 B.2.4.02.27 B.3.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC4:62.9Supp. No. 32 covered walkway at least six (6) feet wide with a total length measuring no less than 60 percent of the length of the façade. b) Option 2. If the project design incorporates a screen wall around the perimeter of the self-storage facility, the following standards apply: i) Architecturally treated, six (6)-foot high, screen wall is required to screen the facility. ii) The roof slope for the buildings is a minimum of 4:12 ratio for double slopes, and 3:12 ratio for single slope. iii) A landscape buffer at least seven (7) feet wide consisting of 10 clustered shrubs (per 100 linear feet) is required on the exterior of the wall. Shrubs shall be 24 inches tall at planting and maintained at 36 inches. c) In the case that none of the above options are met, then LDC section 4.02.27 B.2.b. Primary façade design features must be met. iv. Multi-story self-storage buildings. The requirements of LDC section 4.02.27 B.2.b. primary façade design features can be replaced with one of the following two options: a) Option 1. i) A minimum of 20 percent of the primary façade area must be glazed; and ii) A covered public entry with a minimum roof area of 80 square feet and no dimension less than eight (8) feet, or a covered walkway at least six (6) feet wide with a total length measuring no less than 60 percent of the length of the façade; and iii) Foundation planting areas must be a minimum of 10 percent of the ground level building area for all buildings. The plantings can be clustered as desired; however, some plantings must be provided on both sides of the building's principal entrance. b) Option 2. If project design incorporates a screen wall around the perimeter of the self-storage facility, the following standards apply: i) Architecturally treated, eight (8) feet high screen wall is required to screen the ground floor of the facility; and ii) A landscape buffer at least seven (7) feet wide consisting of 10 clustered shrubs (per 100 linear feet) is required on the exterior of the wall. Shrubs shall be 24 inches tall at planting and maintained at 36 inches; and COLLIER COUNTY LAND DEVELOPMENT CODE 4.02.27 B.3.4.02.27 B.3.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC4:62.10Supp. No. 32 iii) Primary façades above the ground level must include glaz- ing, covering at a minimum 20 percent of the façade area; and iv) Foundation planting areas must be a minimum of 10 percent of the ground level building area for all buildings. The plantings can be clustered as desired; however, some plantings must be provided on both sides of the building's principal entrance. c) In the case that none of the above options are met, then LDC section 4.02.27 B.2.b. primary façade design features must be met. b. All facilities with fuel pumps. The provisions of LDC section 5.05.05 Facilities with fuel pumps shall be applicable within the IUAOD with the following exceptions: i. LDC section 5.05.05 C. shall apply except the architectural requirements of LDC section 5.05.08 are replaced and superseded by LDC section 4.02.27. ii. LDC section 5.05.05 C.1.b.iv.b shall not limit eave fascia canopy colors to a single color. iii. LDC section 5.05.05 D. Supplemental standards for facilities with fuel pumps within 250 feet of residential property. iv. LDC section 5.05.05 E. The following landscape requirements under subsec- tion 4.02.27 B.3.c.ii are in addition to the requirements of LDC section 4.02.27 B.4 Buffer and Landscaping Requirements. c. Supplemental standards for facilities with fuel pumps within 250 feet of residentially zoned or residentially developed property. Facilities with fuel pumps shall be subject to the following standards when located within 250 feet of residentially zoned or residentially developed properties, as measured from the property line of the facility with fuel pumps to the residential property line. However, a facility with fuel pumps shall be exempt from this section when it is separated from residential property by a minimum of 100 feet of designated preserve area that is 80 percent opaque and at least 12 feet in height within one year, or a minimum four (4)-lane arterial or collector right-of-way. i. Setbacks. All structures shall provide a minimum 50-foot front, side, and rear yard setback from residential property line(s). ii. Landscaping and masonry wall standards. Facility with fuel pumps sites shall be separated from residential property by a 15-foot-wide Type I-D landscape buffer with an architecturally designed masonry wall. The masonry wall shall be eight (8) feet in height, centered within the landscape buffer, and shall use materials similar in color, pattern, and texture to those utilized for the principal structure. iii. Music, amplified sound, and delivery time standards. a) Music and amplified sound shall not be played in the fuel pump area between the hours of 10:00 p.m. and 7:00 a.m. SITE DESIGN AND DEVELOPMENT STANDARDS 4.02.27 B.3.4.02.27 B.3.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC4:62.11Supp. No. 32 b) Music and amplified sound shall not be audible from the residential property line. c) Deliveries shall be prohibited between the hours of 10:00 p.m. and 7:00 a.m. in the area located between the neighboring residential property and the facility with fuel pumps. iv. Lighting standards. a) All light fixtures shall be directed away from neighboring properties. b) On-site light fixtures within 50 feet of residential property shall not exceed a height greater than 15 feet above finished grade. Light fixtures elsewhere shall not exceed a height greater than 20 feet above finished grade. c) All light fixtures shall be full cutoff with flat lenses. d) On-site luminaries shall be of low level, indirect diffuse type, and shall be between a minimum average of one and a half (1.5) foot-candles and a maximum average of five (5) foot-candles. e) Illumination shall not exceed: i) One-half (0.5) foot-candles at all residential property lines. ii) One-fifth (0.2) foot-candles at 10 feet beyond all residential property lines. f) Lighting located underneath the canopy shall be recessed, of indirect diffuse type, and designed to provide light only to the pump island areas located underneath said canopy. g) Under canopy luminance shall be between a minimum average of five (5) foot-candles and a maximum average of 20 foot-candles. v. Dumpster enclosures. At a minimum, the dumpster enclosure shall be located at a distance from residential property equal to the setback of the principal structure from residential property. vi. See LDC section 5.05.11 for car washes, vacuums, and compressed air stations abutting residential zoning districts. vii. Landscaping adjacent to all other property lines: a) Landscaping adjacent to all other property lines shall comply with the requirements in LDC section 4.02.27 B.4. b) Curbing shall be installed and constructed, consistent with minimum code requirements, between all paved areas and landscape areas. COLLIER COUNTY LAND DEVELOPMENT CODE 4.02.27 B.3.4.02.27 B.3.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC4:62.12Supp. No. 32 d. Hotel/motel. i. Applicability. All standards of LDC section 4.02.27 are applicable with the following exceptions. ii. Design features. LDC section 4.02.27 B.2.b. Primary façade design features can be replaced as follows: a) The design of the primary façades must include windows and other glazed openings covering at least 20 percent of the primary façade area, and one of the following design features: i) Projected, or recessed, covered public entry providing a minimum horizontal dimension of eight (8) feet, and a minimum area of 100 square feet, or ii) Covered walkway or arcade (excluding canvas type) that is attached to the building or located no more than 12 feet from the building. The structure must be permanent, and its design must relate to the principal structure. The minimum width shall be six (6) feet, with a total length measuring 60 percent of the length of the associated façade. b) For buildings located 200 feet or more from the street right-of-way, the projected or recessed entry and covered walkway or arcade, required by the above LDC section 4.02.27 B.3.d.ii.a), can be located on any façade. e. Outside play structures. No portion of any play structure, located between the front building line and any adjacent right-of-way, may exceed a height of 12 feet as measured from existing ground elevation. 4. Buffer and landscaping requirements. a. Applicability. i. The provisions of LDC section 4.06.00 Landscaping, Buffering and Vegeta- tion Retention shall be applicable to non-residential development within the IUAOD, except for the following regulations which replace: a) LDC section 4.06.02 Buffer Requirements. b) LDC section 4.06.03 A. Landscaping Requirements for Vehicular Use Areas and Rights-of-Way Applicability. c) LDC section 4.06.03 B. Standards for Landscaping in Vehicular Use Areas. d) LDC section 4.06.05 C. Building Foundation Plantings. ii. Applicability of buffer requirements. The buffering and screening require- ments identified in Table 1 below shall apply to all new non-residential SITE DESIGN AND DEVELOPMENT STANDARDS 4.02.27 B.3.4.02.27 B.4.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC4:62.13Supp. No. 32 development. Existing landscaping which does not comply with the provi- sions of this section shall be brought into conformity to the maximum extent possible when: the vehicular use area is altered or expanded (except for restriping of lots/drives), the building square footage is changed, or building improvements exceed 50 percent of the value of the structure. iii. Developments shall be buffered for the protection of property owners from land uses as required pursuant to this section 4.02.27 B.4. Buffers shall not inhibit pedestrian circulation between adjacent commercial land uses. Buffers shall be installed during construction as follows and in accordance with LDC section 4.06.05 General Landscaping Requirements: a) To separate residential developments from commercial, community use, industrial, and public use developments and adjacent expressways, arterials, and railroad rights-of-way, except where such expressway, arterial, or railroad right-of-way abuts a golf course. b) To separate commercial, community use, industrial and public use developments from residential developments. c) To delineate and create some limited separation between non- residential uses. iv. Separation shall be created with a landscape buffer strip which is designed and constructed in compliance with the provisions of LDC section 4.02.27 B.4 and LDC section 4.06.00, as applicable. Such buffer strip(s) shall be shown and designated on the final plat as a tract of easement and shall not be located within any public or private right-of-way. The ability to locate buffer(s) within a platted or recorded easement shall be determined pursuant to the provisions of LDC section 4.06.00. Buffers adjacent to protected/preserve areas shall conform to the requirements established by the agency requiring such buffer. v. Landscape buffers, when required by the Land Development Code, or other county regulation shall be in addition to the required right-of-way width and shall be designated as a separate buffer tract or easement on the final subdivision plat. The minimum buffer width shall be in conformance with this section 4.02.27 B.4. In no case shall the required buffer be constructed to reduce cross-corner or stopping sight distances, or safe pedestrian passage. All buffer tracts or easements shall be owned and maintained by a property owner's association or other similar entity and shall be so dedicated on the final subdivision plat. b. Methods of determining buffers. Where a property adjacent to the proposed use is: (1) undeveloped, (2) undeveloped but permitted without the required buffering and screening required pursuant to this Code, or (3) developed without the buffering and screening required pursuant to this Code, the proposed use shall be required to install the more opaque buffer as provided for in Table 1. Where property adjacent to the proposed use has provided the more opaque buffer as provided for in Table 1, the proposed use shall install a type I-A buffer. i. Where the incorporation of existing native vegetation in landscape buffers is determined as being equivalent to or in excess of the intent of this Code, the County Manager or designee may waive the planting requirements of this section. COLLIER COUNTY LAND DEVELOPMENT CODE 4.02.27 B.4.4.02.27 B.4.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC4:62.14Supp. No. 32 ii. The buffering and screening provisions of this Code shall be applicable at the time of planned unit development (PUD), subdivision plat, or site develop- ment plan review, with the installation of the buffering and screening required pursuant to LDC section 4.06.05 H. If the applicant chooses to forego the optional PSP process, then signed and sealed landscape plans will be required on the final subdivision plat. Where a more intensive land use is developed contiguous to a property within a similar zoning district, the County Manager or designee may require buffering and screening the same as for the higher intensity uses between those uses. iii. Landscape buffering and screening standards within any planned unit development shall conform to the minimum buffering and screening standards of the zoning district to which it most closely resembles. The County Manager or designee may approve alternative landscape buffering and screening standards when such alternative standards have been determined by use of professional acceptable standards to be equivalent to or in excess of the intent of this Code. c. Types of buffers. Within a required buffer strip, the following types of buffers shall be used based on the matrix in Table 1. There are four (4) possible buffer types, as described below. Each buffer type includes a minimum width and a minimum number of trees and shrubs per 100-linear-foot segment of boundary. A hedge shall at a minimum consist of three (3) gallon plants, two (2) feet in height spaced a minimum of three (3) feet on center at planting unless otherwise indicated in the table below or within the specific section of the LDC. The buffer types are: Buffer Types (per 100 linear feet) I-A I-B I-C I-D Minimum width (feet) 10 15 15 10-15* Minimum number of trees 2 4 3 3 Minimum number of shrubs 0 18 (36 inches tall)* 60-inch tall hedge, or 18 shrubs (60 inches tall) with a wall** 36-inch tall hedge or 4 shrubs (36 inches tall) with a wall* *For a Type I-B or I-D buffer, shrubs shall be 24 inches tall at planting and maintained at 36 inches. For Type I-D buffers, the minimum width of the perimeter landscape buffer shall vary according to the ultimate width of the abutting right-of-way. Where the ultimate width of the right-of-way is zero to 99 feet, the corresponding landscape buffer shall measure at least ten feet in width. Where the ultimate width of the right-of-way is 100 or more feet, the corresponding landscape buffer shall measure at least 15 feet in width. **For a Type I-C buffer, a hedge or shrubs shall be 48 inches tall at planting and maintained at 60 inches. i. Type I-A Buffer. a) Minimum Width: 10 feet. b) Minimum number of trees (per 100 linear feet): Two (2). SITE DESIGN AND DEVELOPMENT STANDARDS 4.02.27 B.4.4.02.27 B.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC4:62.15Supp. No. 32 ii. Type I-B Buffer. a) Minimum Width: 15 feet. b) Minimum number of trees (per 100 linear feet): Four (4). c) Minimum number of shrubs (per 100 linear feet): 18 (planted at 24 inches and maintained at 36-inches). iii. Type I-C Buffer. a) Minimum Width: Fifteen feet. b) Minimum number of trees (per 100 linear feet): Three. Trees shall be spaced no more than 33 feet on center. c) Minimum number of shrubs (per 100 linear feet): A 60-inch tall hedge or 18 shrubs (60 inches tall) with a wall. iv. Type I-D Buffer. a) Minimum Width: 15 feet. b) Minimum number of trees (per 100 linear feet): Four. c) Minimum number of shrubs (per 100 linear feet): A 36-inch tall hedge, or 4 shrubs (36 inches tall with a wall). i) A continuous three (3)-gallon single row hedge spaced three (3) feet on center of at least 24 inches in height at the time of planting and attaining a minimum of 36 inches in height in one year shall be required in the landscape buffer where vehicular areas are adjacent to the road right-of-way or where deemed appropriate, pursuant to LDC section 4.06.05 D.4. Shrubs and Hedges. ii) Where a fence or wall fronts an arterial or collector road as described by the transportation circulation element of the growth management plan, a continuous three (3)-gallon single row hedge a minimum of 24 inches in height spaced three (3) feet on center, shall be planted along the right-of- way side of the fence. The required trees shall be located on the side of the fence facing the right-of-way. Every effort shall be made to undulate the wall and landscaping design incorporating trees, shrubs, and ground cover into the design. It is not the intent of this requirement to obscure from view decorative elements such as emblems, tile, molding and wrought iron. iii) The remaining area of the required landscape buffer must contain only existing native vegetation, grass, ground cover, or other landscape treatment. COLLIER COUNTY LAND DEVELOPMENT CODE 4.02.27 B.4.02.27 B.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC4:62.16Supp. No. 32 iv) A signage visibility triangle may be created for non- residential on-premises signs located as shown in Figure 4.06.02 C-2 for Type I-D buffers that are 20 feet or greater in width. The line of visibility shall be no greater than 30 linear feet along road right-of-way line. Within the visibility triangle, shrubs and hedges shall be required pursuant to LDC section 4.06.05 D.4, except that hedges, shrubs, or ground cover located within the signage visibility triangle shall be maintained at a maximum plant height of 24 inches. Within the visibility triangle, no more than one required canopy tree may be exempted from the Type I-D buffer requirements. v. Interpretation of Table 1. a) The table below describes the required buffer type when a proposed use is abutting a different existing use or, in the absence of an existing use, the existing zoning. b) The letter listed under "Adjacent Properties Zoning District and/or Property Use" shall be the landscape buffer and screening alterna- tive required. Where a conflict exists between the buffer required by zoning district or property use, the more stringent buffer shall be required. c) The "-" (dash) symbol shall represent that no buffer is required. d) The PUD district buffer, due to a variety of differing land uses, is indicated by the "*" (asterisk) symbol, and shall be based on the landscape buffer and screening of the district or property use with the most similar types, densities, and intensities of uses. e) Where a conflict exists between the buffering requirements and the yard requirements of this section, the yard requirements of the subject zoning district shall apply. f) Where a conflict exists between the buffer requirements of this table and those of a particular subdistrict, the less stringent shall apply. The following subdistricts have alternative buffer standards for projects with a total building square footage of less than or equal to 5,000 square feet: i) Mainstreet Overlay Subdistrict (see LDC section 4.02.27 C.3.e.). ii) State Road 29A Commercial Overlay Subdistrict (see LDC section 4.02.27 D.3.). iii) Jefferson Avenue Commercial Overlay Subdistrict (see LDC section 4.02.27 F.3.). SITE DESIGN AND DEVELOPMENT STANDARDS 4.02.27 B.4.02.27 B.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC4:62.17Supp. No. 32 iv) Industrial Mixed Use Commercial Overlay Subdistrict (see LDC section 4.02.27 H.3.). Table 1 Subject Property's District/Use Adjacent Properties Zoning District and/or Property Use Agriculture1 (A) Residential (E, RSF) single-family Residential (RMF-6, RMF-12,RMF-16) multifamily Residential tourist (RT) Village residential (VR) Mobile home (MH) Commercial 3 (C-1, C-2, C-3, C-4,C-5); Business Park (BP) Industrial 2 Public use (P), Community Facility (CF),Golf Course Clubhouse, Amenity Center Planned Unit Development Vehicular rights-of-way Golf course maintenance building Golf Course Automobile Service Station Agriculture 1 (A) - I-B I-B I-B I-B I-B I-A I-A I-A I-A I-D I-A - I-A Commercial 3 (C-1, C-2, C-3, C-4, C-5); Busi- ness Park (BP) I-A I-C I-C I-C I-C I-C I-A I-A I-A * I-D I-B I-B I-B Industrial 2 (I) I-A I-C I-C I-C I-C I-C I-A I-A 2 I-A * I-D I-C I-C I-C Public use (P), community facil- ity (CF), Golf Course Clubhouse, Amenity Center I-A I-B I-B I-B I-B I-B I-A I-A I-A * I-D I-B - I-C Planned unit development (PUD) * * * * * * * * * * I-D * * * Vehicular rights- of-way I-D I-D I-D I-D I-D I-D I-D I-D I-D I-D - I-D - I-D Golf course maintenance building I-B I-B I-B I-B I-B I-B I-B I-C I-B I-B I-D - I-B I-C Golf course - - - - - - - I-C - - - I-B - I-C Automobile service station 4 I-A I-C I-C I-C I-C I-C I-C I-A I-C * I-D I-C I-C - Notes: 1 Buffering in agriculture (A) districts shall be applicable at the time of site development plan (SDP) submittal. 2 Industrial (I) zoned property, where abutting industrial (I) zoned property, shall be required to install a minimum five (5)-foot-wide type I-A landscape buffer adjacent to the side and rear property lines. The buffer area shall not be used for water management. In addition, trees may be reduced to 50 COLLIER COUNTY LAND DEVELOPMENT CODE 4.02.27 B.4.02.27 B.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC4:62.18Supp. No. 32 feet on center along rear and side perimeter buffers only. This reduction in buffer width shall not apply to buffers adjacent to vehicular rights-of-way or nonindustrial zoned property. Abutting industrial zoned properties may remove a side or rear buffer along the shared property line in accordance with LDC section 4.02.27 B.4.c.viii. This exception to buffers shall not apply to buffers abutting vehicular rights-of-way. 3 Buffer areas between commercial outparcels located within a shopping center, Business Park, or similar commercial development may have a shared buffer 15 feet wide with each abutting property contributing seven and one-half (7.5) feet. The outparcels may remove a side or rear buffer along the shared property line between comparable uses within the same zoning designation in accordance with LDC section 4.02.27 B.4.c.viii. These provisions shall not apply to right-of-way buffers. 4 Refer to LDC section 4.02.27 B.3.b and c. for automobile service station landscape requirements. vi. Business Parks. A 15-foot-wide landscape buffer shall be provided around the boundary of the business park when abutting residential zoning district or uses. A six (6)-foot tall opaque architecturally finished masonry wall, or berm, or combination thereof shall be required, and one row of trees spaced no more than 30 feet on center shall be located on the outside of the wall, berm, or berm/wall combination. vii. Buffering and screening standards. In accordance with the provisions of this Code, loading areas or docks, outdoor storage, trash collection, mechanical equipment, trash compaction, vehicular storage excluding new and used cars, recycling, roof top equipment and other service function areas shall be fully screened and out of view from adjacent properties at ground view level and in view of roadway corridors. viii. Joint Project Plan. Abutting platted parcels may submit a joint project plan to remove one side or rear landscape buffer along a shared property line in order to share parking or other infrastructure facilities, provided the following criteria are met: a) A joint project plan shall include all necessary information to ensure that the combined site meets all of the design requirements of this Code and shall be submitted as either a single SDP or SIP consisting of both parcels, or separate SDPs or SIPs for each parcel that are submitted concurrently. Joint project plans require a shared maintenance and access easement that is recorded in the public records. b) The following are eligible for a joint project plan. One outparcel shall be no greater than three acres and the combined parcel acreage shall not exceed five acres: i) Abutting commercial outparcels located within a shopping center. ii) Abutting commercial parcels in a Business Park. SITE DESIGN AND DEVELOPMENT STANDARDS 4.02.27 B.4.02.27 B.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC4:62.19Supp. No. 32 iii) Abutting commercial parcels with the same zoning designa- tion. iv) Abutting industrial parcels with the same zoning designation. c) The buffer to be eliminated shall not be a perimeter buffer or adjacent to any internal main access drives. d. Standards for retention and detention areas in buffer yards. Unless otherwise noted, all standards outlined in section 4.06.05 C. apply. Trees and shrubs must be installed at the height specified in this section. Water management systems, which must include retention and detention areas, swales, and subsurface installations, are permitted within a required buffer provided they are consistent with accepted engineering and landscaping practice and the following criteria: i. Water management systems must not exceed 50 percent of the square footage of any required side, rear, or front yard landscape buffer. ii. Water management systems must not exceed, at any location within the required side, rear, or front yard landscape buffer, 70 percent of the required buffer width. A minimum five (5)-foot wide 10:1 level planting area shall be maintained where trees and hedges are required. iii. Exceptions to these standards may be granted on a case-by-case basis, evaluated on the following criteria: a) Water management systems, in the form of dry retention, may utilize an area greater than 50 percent of the buffer when existing native vegetation is retained at natural grade. b) For lots of record 10,000 square feet or less in size, water manage- ment areas may utilize an area greater than 50 percent of the required side and rear yard buffers. A level planting area of at least three feet in width must be provided in these buffers. iv. Sidewalks and other impervious areas must not occupy any part of a required I-A, I-B, I-C, or I-D type buffer, except when: a) Driveways and sidewalks are constructed perpendicular to the buffer and provide direct access to the parcel. b) Parallel meandering sidewalks occupy the buffer, and its width is increased by the equivalent sidewalk width. c) A required 15-20-foot-wide buffer is reduced to a minimum of 10 feet wide and is increased by the five-to-ten-foot equivalent width elsewhere along that buffer. COLLIER COUNTY LAND DEVELOPMENT CODE 4.02.27 B.4.02.27 B.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC4:62.20Supp. No. 32 e. Vehicular use areas. i. Applicability. The provisions of this section shall apply to all new off-street parking or other vehicular use areas. a) Existing landscaping which does not comply with the provisions of this Code shall be brought into conformity to the maximum extent possible when: the vehicular use area is altered or expanded except for restriping of lots/drives, the building square footage is changed, or the building improvements exceed 50 percent of the value of the structure. b) These provisions shall apply to all non-residential development within the IUAOD. c) Any appeal from an administrative determination relating to these regulations shall be to the Board of Zoning Appeals or equivalent. d) Prior to issuing occupancy permits for new construction, implementa- tion, and completion of landscaping requirements in off-street vehicular facilities shall be required. e) Where a conflict exists between the strict application of this section and the requirements for the number of off-street parking spaces or area of off-street loading facilities, the requirements of this section shall apply. ii. Standards for landscaping in Vehicular Use Areas. For projects subject to architectural design standards, see LDC section 4.02.27 B.2. for related provisions. a) Landscaping required in interior of vehicular use areas. At least ten percent of the amount of vehicular use area onsite shall be devoted to interior landscaping areas. The width of all curbing shall be excluded from the required landscaped areas. All interior landscaped areas not dedicated to trees or to preservation of existing vegetation shall be landscaped with grass, ground cover, shrubs, or other landscape treatment. One tree shall be provided for every 250 square feet of the required interior landscaped area. Interior landscaped areas shall be a minimum of five feet in width and 150 square feet in area. The amount of required interior landscape area provided shall be shown on all preliminary and final landscape plans. b) Vehicular use areas under 25 required parking spaces are exempt from the LDC section 4.06.03 requirement that does not allow more than 10 contiguous parking spaces without being separated by a landscape island. In lieu of landscape islands, ten percent of the gross square footage of onsite vehicular use area shall be added to the perimeter landscape buffer area. Vehicular use areas over 25 required parking spaces shall comply with LDC section 4.06.03 B.2. SITE DESIGN AND DEVELOPMENT STANDARDS 4.02.27 B.4.02.27 B.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC4:62.21Supp. No. 32 c) All rows of parking spaces shall be bordered on each end by curbed terminal landscape islands. Each terminal landscape island shall measure inside the curb not less than eight feet in width and extend the entire length of the single or double row of parking spaces bordered by the terminal landscape island. Type D or Type F curb per current FDOT Design Standards is required around all terminal landscape islands. A terminal landscape island for a single row of parking spaces shall be landscaped with at least one canopy tree. A terminal landscape island for a double row of parking spaces shall contain not less than two canopy trees. The remainder of the terminal landscape island shall be landscaped with sod, ground covers or shrubs or a combination of any of the above. d) Interior landscaping areas shall be provided within the interior of all vehicular use areas. Landscaped areas, wall structures, and walks shall require protection from vehicular encroachment through appropri- ate wheel stops or curbs or other structures. e) Required landscape islands and perimeter planting beds shall be graded to provide positive drainage. Curbing around landscape areas shall include curb cuts where necessary so as not to inhibit positive drainage. f) Green space required in shopping centers and freestanding retail establishments with a floor area greater than 40,000 square feet. An area that is at least seven percent of the size of the vehicular use areas must be developed as green space within the front yard(s) or courtyards of shopping centers and retail establishments and must be in addition to the building perimeter planting area requirements. The courtyards must only be located in areas that are likely to be used by pedestrians visiting the shopping center and retail establish- ment. The seven percent green space area must be in addition to other landscaping requirements of this division, may be used to meet the open space requirements (section 4.02.01), and must be labeled "Green Space" on all subdivision and site plans (Refer to section 4.02.27 A.). The interior landscape requirements of these projects must be reduced to an amount equal to five percent (5 percent) of the vehicular use area on site. Green space must be considered areas designed for environmental, scenic, or noncommercial recreation purposes and must be pedestrian-friendly and aesthetically appeal- ing. Green space may only include the following: lawns, mulch, decorative plantings, nonprohibited exotic trees, walkways within the interior of the green space area not used for shopping, fountains, manmade watercourses (but not water retention areas), wooded areas, park benches, site lighting, sculptures, gazebos, and any other similar items that the County Manager or designee deems appropriate. Green space must include: walkways within the interior of the green space area not used for shopping, a minimum of one (1) COLLIER COUNTY LAND DEVELOPMENT CODE 4.02.27 B.4.02.27 B.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC4:62.22Supp. No. 32 foot of park bench per 1,000 square feet of building area. The green space area must use existing trees where possible and landscaping credits will be allowed as governed by table 4.06.04 B. The green space areas must be located in areas that are in close proximity to the retail shopping area. Benches may also be located in interior landscaped areas and 75 percent of the benches may be located adjacent to the building envelope along paths, walkways and within arcades or malls. g) Required landscaping for buildings over 20,000 square feet shall be pursuant to LDC section 4.02.27 A. The following requirements will be counted toward the required greenspace and open space require- ments of this Chapter of this Code. i) Trees in vehicular use areas must be a minimum of 14- to 16-feet height with a six- to eight-foot spread and a three- to four-inch caliper and must have a clear trunk area to a height of six feet. ii) The first row of landscape islands located closest to the building front and sides must be landscaped with trees, palms, shrubs, and groundcovers and must have a clear trunk area to a height of seven feet. f. Building foundation plantings. i. All commercial buildings and retail and office uses in industrial buildings shall provide building foundation plantings in the amount of 10 percent of the overall building footprint area and a minimum planting width of five feet. ii. Foundation planting areas shall be located adjacent to building entrance(s), and along primary façades. iii. Building foundation plantings shall consist of shrubs, ground cover, raised planter boxes, and/or ornamental grass plantings. iv. A maximum of 50 percent of the required foundation planting may be located in perimeter buffers. v. Water management shall not occur in foundation planting areas. 5. Off-street parking. a. Purpose and Intent. The following standards are intended to guide the development of off-street parking, loading and transportation access within the IUAOD to recognize the higher levels of bicycle and pedestrian activity in Immokalee, to encourage the continued use of alternative modes of transportation, and to provide safe and functional circulation patterns and connectivity for off-street parking. SITE DESIGN AND DEVELOPMENT STANDARDS 4.02.27 B.4.02.27 B.5.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC4:62.23Supp. No. 32 b. Applicability. In addition to LDC section 4.05.00 Off-street Parking and Loading, the following regulations shall apply to all non-residential development within the IUAOD, except for the following conditions: i. The provisions of this section shall apply to all new off-street parking or other vehicular use areas. ii. Existing landscaping which does not comply with the provisions of this Code shall be brought into conformity to the maximum extent possible when: the vehicular use area is altered or expanded except for restriping of lots/drives, the building square footage is changed or building improvements exceed 50 percent of the value of the structure. iii. Prior to issuing occupancy permits for new construction, implementation, and completion of landscaping requirements in off-street vehicular facilities shall be required. c. Shared Parking. Shared parking arrangements between adjoining developments shall be encouraged. d. Parking Reduction. Off-street parking requirements may be reduced through the substitution of one required parking space by providing and maintaining a bicycle rack able to hold four bicycles throughout the IUAOD. The maximum reduction is 25 percent of the required off-street parking or 25 spaces, whichever is less. e. Bicycle parking. i. Applicability. Due to the significance of pedestrian and bicycle modes of travel within the IUAOD, bicycle parking spaces shall be required for safe and secure parking of bicycles. These regulations replace LDC section 4.05.08 Bicycle Parking Requirements. ii. Number. Provisions for the safe and secure parking of bicycles shall be furnished at a ratio of five percent of requirements for motor vehicles as set forth in section 4.05.04. but not to exceed a maximum of 20 total bicycle parking spaces. A minimum of two bicycle parking spaces shall be provided. iii. Design. a) A bicycle parking facility suited to a single bicycle ("bicycle parking space") shall be of a stand-alone inverted-U design measuring a minimum of 36 inches high and 18 inches wide [of one and one-half (1½) inch Schedule 40 pipe, ASTM F 1083] bent in one (1) piece ("bike rack") mounted securely to the ground [by a -inch thick steel base plate, ASTM A 36] so as to secure the bicycle frame and both wheels. b) Each bicycle parking space shall have a minimum of three feet of clearance on all sides of the bike rack. COLLIER COUNTY LAND DEVELOPMENT CODE 4.02.27 B.5.4.02.27 B.5.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC4:62.24Supp. No. 32 c) Bicycle spaces shall be surfaced with the same or similar materials approved for the motor vehicle parking lot, lighted and located no greater than 100 feet from the main building entrance. d) Extraordinary bicycle parking designs which depart from the bike rack standard but are consistent with the development's design theme shall be considered by the County architect. Bike racks which function without securing the bicycle frame, require the use of a bicycle kick stand, or which may be freely reoriented are not allowable. 6. Fencing and Walls, Excluding Sound Walls. a. Applicability. The provisions of LDC section 5.03.02 Fence and Walls, Excluding Sound Walls, are applicable within the IUAOD with the following exceptions: i. LDC section 5.03.02.G Supplemental Standards. b. Supplemental standards. i. All fences shall have their finished side facing outward. ii. Fences on sites with structures which are subject to section 5.05.08 Architectural & Site Design Standards must comply with the following additional standards: a) Chain link (including wire mesh) and wood fences are permitted forward of the primary façade. b) Fences forward of the primary façade, including chain link, wire mesh, and wood are permitted under the following conditions: i) Fences shall not exceed four feet in height. ii) The fence provides either an open view at a minimum of 25 percent of its length or provides variation in its height for a minimum of 15 percent of its length with a deviation of at least 12 inches. iii) The fence style must complement building style through material, color, and design. iii. Use of chain link or wire mesh fencing (the requirements of this section are not applicable to single family dwellings). If located adjacent to an arterial or collector road in the urban coastal area, the fence shall be placed no closer than three feet to the edge of the right-of-way or property line. iv. Barbed wire is only authorized within agricultural districts and on fences surrounding 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 jail or penitentiary, or by application and decision by the County Manager or designee. SITE DESIGN AND DEVELOPMENT STANDARDS 4.02.27 B.5.4.02.27 B.6.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC4:62.25Supp. No. 32 7. Outdoor lighting requirements. a. Applicability. In addition to LDC section 4.02.08 Outside Lighting Requirements, the following regulations shall apply to all non-residential development within the IUAOD. If any of the provisions noted herein conflict with other regulations within LDC section 4.02.08 Outside Lighting Requirements, the following shall apply. b. Design. i. The design of the lighting fixtures shall be consistent with the design of the project (including outparcels) in style, color, materials, and location. ii. Lighting shall be designed to comply with the intent of the Illuminating Engineering Society of North America (full cutoff). All lighting shall be designed to eliminate uplighting. iii. Lighting shall be designed to prevent the glare or spillage of light onto adjacent properties and to prevent hazardous interference with automotive and pedestrian traffic. In order to accomplish this, all exterior lighting shall be directional, and use recessed light bulbs, filters or shielding to conceal the source of illumination. c. Security Lighting. Lighting for security purposes shall be directed away from and shielded from adjacent properties and rights-of-way. This requirement shall also apply to agricultural uses. 8. Signage. a. Applicability. In addition to LDC section 5.06.00 Sign Regulations and Standards by Land Use Classification, the following regulations shall apply to all businesses within the IUAOD. If any of the provisions noted herein conflict with LDC section 5.06.00 Sign Regulations and Standards by Land Use Classification, the following shall apply. b. Murals and Wall Art. Murals are allowed as public art within the IUAOD and subject to the following: i. Murals are only allowed on commercial, civic, or institutional buildings. ii. One mural is allowed per building. iii. Murals are permitted on sections of buildings where there are no windows or doors or where the mural will not interfere with the building's architectural details. iv. The mural shall not contain text. v. The mural cannot be temporary in nature and the building owner must commit to maintaining the mural. vi. Review and approval from the CRA Advisory Board is required to ensure the mural complies with the conditions above and that the artwork complements the design of the building in color, shape, and location. COLLIER COUNTY LAND DEVELOPMENT CODE 4.02.27 B.7.4.02.27 B.8.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC4:62.26Supp. No. 32 C. Building and site design standards specific to the Mainstreet Overlay Subdistrict (MSOS). 1. Purpose and intent. The standards described in this section shall apply to all non-residential uses in this overlay subdistrict. Where a conflict may arise between these regulations and LDC section 4.02.27, the subdistrict regulations shall control. 2. Dimensional standards. a. Height. Structures shall be no more than 35 feet in height, except that hotel/motel uses shall be no more than 50 feet in height. b. Setback. The Main Street Overlay Subdistrict contains four design districts as described below, which were created in order to maintain and enhance the urban character of downtown Immokalee and to encourage the desired pattern of develop- ment. i. Main Street Corridor. a) Main Street Corridor. The Main Street Corridor is for those properties abutting Main Street from Second Street East to Hancock Street or 11th Street. b) First Street Corridor. The First Street Corridor is for those properties abutting First Street from Eustis Avenue to West Main Street. c) Fifteenth Street Corridor. The Fifteenth Street Corridor is for those properties abutting Fifteenth Street from Hancock Street to Immoka- lee Drive. d) Side Streets. The side streets include all streets running perpendicular and parallel to the Main Street, First Street and Fifteenth Street Corridors within the Main Street Overlay Subdistrict. Table 1. Dimensional Requirements in the MSOS DESIGN DISTRICT SETBACK FROM THE STREET (FRONT/ CORNER)1 SIDE YARD SETBACK REAR YARD SETBACK MAIN STREET COR- RIDOR 0' from property line or 10' maximum from the back of the curb2 (see Illustration 1), except setbacks on public streets are a minimum of 0' from the right-of-way line. Minimum = 0' if neighbor- ing building has 0' setback, otherwise maintain a build- ing separation of 10' (see Illustration 3) Maximum = 50% of lot width (both sides combined) (see Illustra- tion 4) 5' or 20' when abutting residential FIRST STREET COR- RIDOR 0' from property line or 8' maximum from the back of the curb 2 (see Illustration 1), except setbacks on public streets are a minimum of 0' from the right-of-way line. Minimum = 0' if neighbor- ing building has 0' setback, otherwise maintain a build- ing separation of 10' (see Illustration 3) Maximum = 50% of lot width (both sides combined) (see Illustra- tion 4) 5' or 20' when abutting residential SITE DESIGN AND DEVELOPMENT STANDARDS 4.02.27 C.4.02.27 C.2.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC4:62.27Supp. No. 32 DESIGN DISTRICT SETBACK FROM THE STREET (FRONT/ CORNER)1 SIDE YARD SETBACK REAR YARD SETBACK FIFTEENTH STREET CORRIDOR 0' from property line or 25' maximum from the back of the curb2 (see Illustration 1), except setbacks on public streets are a minimum of 0' from the right-of-way line. Per LDC 5' or 20' when abutting residential INTERIOR STREETS 5' maximum for the first two stories, plus 5' additional setback for build- ings over two stories; measured from property line (see Illustration 2), except setbacks on public streets are a minimum of 0' from the right-of-way line. Per LDC 5' or 20' when abutting residential Notes: 1 No building, appurtenance, or site design element listed in LDC section 4.02.27 B, or any outdoor seating areas shall project beyond the property line or be placed into a right-of-way without the appropriate right-of-way permitting in accordance with Resolution No. 2016-136, as amended. 2 Setback measured from the back of the curb at the sidewalk's narrowest segment within the same block (e.g. not including bump outs). Illustration 1 - General Building Setbacks Plan View COLLIER COUNTY LAND DEVELOPMENT CODE 4.02.27 C.2.4.02.27 C.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC4:62.28Supp. No. 32 Illustration 2 - Setback requirements along Side Streets Illustration 3 - Side Yard Setback Requirements - Alternative 1 SITE DESIGN AND DEVELOPMENT STANDARDS 4.02.27 C.4.02.27 C.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC4:62.29Supp. No. 32 c. Exceptions to building setback requirements. i. Public Space: Street setbacks may be permitted up to 30 feet if pedestrian courtyards, plazas, cafes, fountains, or other public gathering places are provided in front of the recessed portion of the building. For buildings greater than 40 feet in width, the increased setback area shall not exceed 50 percent of the building frontage and shall incorporate a street wall along the original setback line. ii. Architectural Outdoor Arcades: The use of arcades is encouraged and therefore allowed to extend up to the property line. They may have balconies, or verandas above them. 3. Building and site design standards. a. Architectural Styles. All new non-residential buildings within the MSOS are encour- aged to adopt architectural elements consistent with one of the following types of architecture. Conditional uses within the MSOS are required to adopt architectural elements consistent with one of the types of architecture described in Table 1 below: Table 1 - Architectural style descriptions Spanish Vernacular Frame Vernacular Contemporary Mediterranean Mission ROOF TYPES Multi-level roofs Gable Hip Pent/Visor Parapets Flat roof with curvilinear parapets are most common Gable and Hip also used. Pent/Visor Gable Hip Pent/Visor Parapets Flat overhanging roof Gable Hip Pent ROOF MATERIALS Barrel Tile (half cylinders) or Span- ish Tile (s-curved shape) in red and earth tones. Barrel Tile (half cylinders) or Span- ish Tile (s-curved shape) Metal roof (5v panels or narrow standing seam) Metal roof Concrete tiles Solar tiles Illustration 4 - Side Yard Setback Requirements - Alternative 2 COLLIER COUNTY LAND DEVELOPMENT CODE 4.02.27 C.4.02.27 C.3.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC4:62.30Supp. No. 32 Spanish Vernacular Frame Vernacular Contemporary Mediterranean Mission FAÇADE MATERI- ALS Stucco with sand finish or hand trow- eled Stucco with sand finish or hand trow- eled Lapped siding with corner boards (wood or vinyl) Vertical board & batten siding Pattern shingles (for accent only) Concrete Glass Steel WINDOWS Arched windows (some triple-arched) Vertical in proportion Half round transom above windows Sashed Vertical Half round transom Sashed Tall and narrow proportion Sashed Window and door trim projects out from wall cladding BUILDING COLOR Typically earth tones; however, due to heavy influence from Central & South America brighter colors are encour- aged Typically earth tones; however, due to heavy influence from Central & South America brighter colors are encour- aged Typically, pastel colors with white trim/ accent; however, due to heavy influence from Central & South America brighter colors are encour- aged ORNAMENTATION Arcades Balconies Full arches Wrought iron, wood or cast stone rail- ings. Patterned tiles or single tiles used for accent. Carved stonework Wood or iron window grilles Tile vents Arcades Balconies Full arches Wrought iron, wood or cast stone rail- ings. Patterned tiles or single tiles used for accent. Carved stonework Wood or iron window grilles Tile Porches Columns, spindles (square or turned) Gable end or eave brackets Shutters Transom windows FENCES Combination of masonry and wrought iron Combination of masonry and wrought iron Wood picket fences i. Spanish vernacular. a) Mediterranean Style: Also known as Spanish Eclectic or Spanish Colonial Revival. Characteristics typically include barrel tile, low- pitched roofs usually with little or no overhang, parapets, arches, stucco, and asymmetrical facades. Mediterranean style buildings typically contain the following: multi-level roofs composed of barrel tile (half cylinders) or Spanish Tiles (s-curved shape) in red and earth tones, façade of stucco and sand finish or hand troweled, arched windows (some triple-arched), ornamentation contain full arches and patterned tiles or single tile for accent. b) Mission Style: Influenced by the Spanish Colonial Style. Characteristics typically include barrel tile roofs, arches, earth tone colors, and SITE DESIGN AND DEVELOPMENT STANDARDS 4.02.27 C.3.4.02.27 C.3.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC4:62.31Supp. No. 32 asymmetrical façades finished in stucco. Similar to the Mediter- ranean Style but exhibiting much less ornamentation and detailing. Mission Style buildings typically contain flat roof with curvilinear parapets are most common, barrel tile (half cylinders) or Spanish Tile (s-curved shape), stucco with sand finish or hand troweled, and ornamentation containing full arches. ii. Frame Vernacular. Also known as Florida Cracker or Key West Style. Some frame vernacular buildings in Florida exhibit a Caribbean influence, while others are more utilitarian or rural in nature. Most familiar elements of this style are the use of horizontal siding for façade finish, elaborate wood balustrades, large porches, and metal roofs. Frame Vernacular buildings typically contain metal roofs (5v panels or narrow standing seam), lapped siding with corner boards (wood or vinyl) and ornamentation of gable end or eave brackets. iii. Contemporary. Contemporary architecture focuses on innovation while being in harmony with nature through the use of clean geometric lines and elements such as openness both in interiors and to the outside, natural light, eco-friendly materials and creative styles. This is achieved through the use of a range of building materials such as concrete, glass, wood, and metals. b. Building façade design. Buildings will have architectural features and patterns that provide visual interest from the perspective of pedestrians and motorists. All additions and alterations shall be compatible with the principal structure in design, color, and materials. i. Façade orientation. New buildings will orient the principal entrance façade parallel to the public right-of-way. If the building fronts on more than one public right-of-way, all facades facing the public rights-of-way will be designed consistent with primary façade requirements. ii. Façade continuity. Façades along Main Street are encouraged to limit building gaps along the block. If a gap is created between two buildings, one of the following may be provided: a) A pedestrian courtyard (connecting to rear parking areas or alleys), or b) A decorative façade connecting the two buildings, or c) A low street wall along that portion of the lot along the right-of-way not devoted to pedestrian or vehicular access. iii. Façade variation. a) Primary façades may not exceed 20 horizontal feet and 10 vertical feet, without three of the following elements. When selecting these elements, there may be a combination of vertical and horizontal elements in order to create variation in the façade. i) A change in plane, such as an offset, reveal, or projecting rib (columns, built in planters, arches, voids, etc.). Such plane projections or recesses shall have a width of no less than 20 inches, and a depth of at least six inches. COLLIER COUNTY LAND DEVELOPMENT CODE 4.02.27 C.3.4.02.27 C.3.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC4:62.32Supp. No. 32 ii) Awnings. iii) Arcades/colonnades. iv) Balconies. v) Complementary change in material/texture. vi) Garage doors. vii) Doors and/or windows. viii) Decorative architectural elements (tiles, medallions, etc.). ix) Raised bands/cornices. b) Secondary façades may include at least two elements from the primary façade list above. In addition to the list above a mural or wall art may be substituted for two façade elements. c. Entrances. i. Corner buildings along the Main Street, First Street or Fifteenth Street corridor are encouraged to orient the primary entrance to the primary street. ii. All primary entrances may include one of the following: a) Protruding front gable. b) Pilasters, columns, a stoop or other projection or recession in the building footprint that clearly identifies the entrance. iii. In addition, every primary entrance is encouraged to have two other distinguishing features from the list below: a) Variation in building height; b) Canopy or portico; c) Raised cornice or parapet over door; d) Arches/columns; e) Ornamental and structural architectural details. d. Glazing. i. The arrangement of windows and doors will be consistent with the architectural style of the building. e. Landscaping and buffering. To encourage redevelopment, the following landscape criteria shall apply to all commercially zoned properties and those residential SITE DESIGN AND DEVELOPMENT STANDARDS 4.02.27 C.3.4.02.27 C.3.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC4:62.33Supp. No. 32 properties with permitted commercial uses. The following landscape buffering criteria shall be applicable to projects with a total building square footage of less than or equal to 5,000 square feet. For all others, LDC section 4.02.27 B.4 applies: i. Properties adjacent to residentially zoned lots/parcels shall provide a minimum 10-foot-wide landscape buffer, consisting of at least a six-foot-high hedge (four feet at time of planting and growing to six feet within one year) or wall, with trees spaced no more than 25 feet on center. ii. Properties adjacent to commercially zoned lots/parcels shall provide a minimum seven and one-half-foot-wide landscape buffer with a single row hedge and trees spaced no more than 30 feet on center. The hedge shall at a minimum consist of three-gallon plants, two feet in height, spaced a minimum of three feet on center at planting. iii. A minimum seven and one-half-foot-wide buffer, with at least two trees per lot/parcel or one tree per 40 linear feet, whichever is greater, shall be required adjacent to all rights-of-way. iv. Lots/parcels that are unable to meet the minimum landscape criteria above, shall be required to provide landscaping to the greatest extent practicable, or an alternative enhancement plan that may include planters and/or flower boxes for each property, as approved by the County Manager or designee. f. Off-street parking. Minimum off-street parking and off-street loading. Standards for parking within the MSOS, and as set forth below: i. No additional off-street parking is required for outdoor dining or outdoor restaurant seating areas. ii. All properties within the MSOS, having frontage on Main Street, First Street, or Ninth Street are required by this subdistrict to locate all parking areas in the rear yard and/or side yards. a) Properties having frontage on Main Street or First Street or Ninth Street are required to locate their primary business entrance on that street. Parcels fronting both Main Street and First Street or both Main Street and Ninth Street are required to locate their primary business entrance on Main Street. b) Uses in existence, as of the effective date of this LDC section, are exempt from the minimum parking requirements as set forth in LDC section 4.05.00, except that existing uses shall not reduce the number of spaces below what is provided as of the effective date of this LDC. c) A change of use shall be exempt from the minimum parking requirements as set forth in LDC section 4.05.00 up to an intensity COLLIER COUNTY LAND DEVELOPMENT CODE 4.02.27 C.3.4.02.27 C.3.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC4:62.34Supp. No. 32 level of one parking space per 100 square feet. A change of use to an intensity of greater than one space per 100 square feet shall require parking at one parking space per 150 square feet. d) Any use in a building constructed after the effective date of this LDC will be required to provide parking at 50 percent of the minimum requirement as set forth in LDC section 4.05.00. iii. Lots, parcels, or uses which do not have frontage on Main Street or First Street shall comprise the secondary area within the MSOS. a) Uses in existence as of the effective date of this LDC Section are exempt from the minimum parking requirements as set forth in LDC section 4.05.00 except that existing uses shall not reduce the number of spaces below that which is provided as of the effective date of this LDC. b) A change of use shall be exempt from the minimum parking requirements as set forth in LDC section 4.05.00 up to an intensity level of one parking space per 100 square feet. A change of use to an intensity greater than one parking space per 100 square feet shall require parking at 50 percent of the minimum requirement as set forth under LDC section 4.05.00. No change in use shall allow for a reduction of the current number of parking spaces provided. iv. The provisions of the MSOS do not prevent establishments utilizing shared parking agreements and off-site parking arrangements as set forth in LDC section 4.05.00. Furthermore, the maximum distances set forth in LDC section 4.05.00 shall be increased to 1,000 feet within the boundaries of the MSOS. Properties within the MSOS entering into off-site parking agreements with properties outside the MSOS may utilize the 1,000-foot rule. v. Standards for landscaping in vehicular use areas within the MSOS. a) Landscaping is required in the interior of vehicular use areas. At least ten percent of the gross square footage of onsite vehicular use area shall be devoted to interior landscaping areas. b) All rows of parking spaces shall be bordered on each end by curbed landscape islands/Terminal Landscape Islands. Each terminal island shall measure no less than eight feet in width from inside the curb and extend the entire length of the single or double row of parking spaces bordered by the island. Type D or Type F curb per current FDOT Design Standards is required around all landscape islands. Terminal islands shall be landscaped with at least one canopy tree. The remainder of the terminal island shall be landscaped with sod, ground covers or shrubs or a combination of any of the above. c) Vehicular use areas under 25 required parking spaces within the MSOS are exempt from the LDC section 4.06.03 requirement that SITE DESIGN AND DEVELOPMENT STANDARDS 4.02.27 C.3.4.02.27 C.3.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC4:62.35Supp. No. 32 does not allow more than 10 contiguous parking spaces without being separated by a landscape island. In lieu of landscape islands, ten percent of the gross square footage of onsite vehicular use area shall be added to the perimeter landscape buffer area. Vehicular use areas over 25 required parking spaces shall comply with LDC section 4.06.03 B.2. g. Fencing. i. Street walls are encouraged to screen off-street parking facilities (spaces or driveways) from the right-of-way. ii. Street walls shall be a minimum of three feet and a maximum of five feet in height. iii. Street walls greater than three feet in height above grade shall be no more than 50 percent solid. iv. Street walls will be designed to complement the principal building style, materials, and colors. v. In lieu of a street wall, a continuous hedge row no more than four feet in height can be provided. h. Signage. i. Projecting signs are permitted in addition to permitted signs provided such signs do not exceed six square feet in size and are elevated to a minimum of eight feet above any pedestrian way. ii. Sandwich boards are permitted, one per establishment, not to exceed six square feet and shall only be displayed during business hours. D. Building and site design standards specific to the State Road 29A Commercial Overlay Subdistrict (SR 29OS). 1. Purpose and intent. The standards described in this section shall apply to all non-residential uses in this overlay subdistrict. Where a conflict may arise between these regulations and LDC section 4.02.27, the subdistrict regulations shall control. a. Exceptions. Owners of lots or combination of lots having less than the required street frontage may petition the Board of Zoning Appeals for a variance from the standard in this subdistrict as will not be contrary to the public interests when owing to special conditions peculiar to the property, a literal enforcement of these standards would result in unnecessary and undue hardship. 2. Dimensional standards. a. Height. Buildings shall have a maximum height of 50 feet. COLLIER COUNTY LAND DEVELOPMENT CODE 4.02.27 C.3.4.02.27 D.2.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC4:62.36Supp. No. 32 b. Setback. i. Front Setback - Minimum 25 feet when abutting S.R. 29, all others shall comply with their underlying zoning and use standards. ii. Rear Setback - Minimum of 25 feet when abutting S.R. 29, all others shall comply with their underlying zoning and use standards. 3. Landscaping and buffering. a. Projects with a total building square footage of less than or equal to 5,000 square feet shall provide a 10-foot Type A landscape buffer as described in LDC section 4.06.00 along vehicular rights-of-way with required sidewalks and adjacent residential development. Where abutting a commercially zoned or developed property, a Type A landscape buffer as described in LDC section 4.06.00 must be provided. b. Projects with a total building square footage exceeding 5,000 square feet shall provide landscape buffering in accordance with LDC section 4.02.27 B.4. 4. Off-street parking. a. Access points to SR-29 shall comply with Florida State Department of Transportation (FDOT) permitting regulations. Parcels that have 440 feet of street frontage or less shall provide access off existing adjacent roadways, when possible, and should not directly access SR-29. b. Shared parking arrangements and interconnections between adjoining developments shall be encouraged. c. Sidewalks shall be provided to encourage pedestrian traffic. The location of said sidewalks shall be coordinated with adjacent projects. E. Building and site design standards specific to the Jefferson Avenue Commercial Overlay Subdistrict (JACOS). 1. Purpose and intent. The standards described in this section shall apply to all non-residential uses in this overlay subdistrict. Where a conflict may arise between these regulations and LDC section 4.02.27, the subdistrict regulations shall control. 2. Dimensional standards. a. Height. Commercial buildings shall have a maximum height of 50 feet excluding 10 feet for under-building parking. b. Setback. i. Front Setback - A minimum of 25 feet for all commercial buildings when abutting Jefferson Avenue. All other setbacks shall comply with their underly- ing zoning and use standards. ii. All other setbacks shall be in accordance with the underlying zoning and use standards. SITE DESIGN AND DEVELOPMENT STANDARDS 4.02.27 D.2.4.02.27 E.2.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC4:62.37Supp. No. 32 3. Landscaping and buffering. a. Projects with a total building square footage of less than or equal to 5,000 square feet shall provide a 10-foot Type I-A landscape buffer, as identified in LDC section 4.02.27 B.4, on Jefferson Avenue. b. Projects with a total building square footage exceeding 5,000 square feet shall provide landscape buffering in accordance with LDC section 4.02.27 B.4. 4. Off-street parking. a. Access points for future commercial development shall be limited to a maximum of one (1) per 150 feet of street frontage. b. Properties with less than the required street frontage, shall be encouraged, and may be required as a condition of site development plan approval, to utilize shared access points with adjoining commercial development. i. Owners of lots or combination of lots having less than the 150-foot of required frontage may petition the Board of Zoning Appeals for a variance from the standard in this subdistrict as will not be contrary to the public interest when owing to special conditions peculiar to the property, a literal enforcement of these standards would result in unnecessary and undue hardship. ii. Provisions for shared parking arrangements with adjoining developments shall be encouraged. F. Reserved. G. Building and site design standards specific to the Agribusiness/Farm Market Overlay Subdistrict (AFOS). 1. Purpose and intent. The standards described in this section shall apply to all non-residential uses in this overlay subdistrict. Where a conflict may arise between these regulations and LDC section 4.02.27, the subdistrict regulations shall control. 2. Exceptions. The following uses, located within the AFOS and as identified in the Standard Industrial Classification Manual, are exempt from the provisions set forth in LDC section 5.05.08, Architectural and Site Design Standards for Commercial Buildings and Projects and LDC section 4.02.27 B.2. Building Design Standards. a. Agricultural Services (0723). b. Wholesale Trade (5148). c. Agricultural Outdoor Sales. 3. Dimensional standards. a. Dimensional standards shall be as required for the C-5 zoning district except that the minimum floor area shall be 500 square feet of gross floor area for permitted principal agricultural structures. COLLIER COUNTY LAND DEVELOPMENT CODE 4.02.27 E.3.4.02.27 G.3.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC4:62.38Supp. No. 32 b. Building height shall have a maximum height of 50 feet. H. Building and site design standards specific to the Industrial Mixed Use Commercial Overlay Subdivision (IMCOS). 1. Purpose and intent. The standards described in this section shall apply to all non-residential uses in this overlay subdistrict. Where a conflict may arise between these regulations and LDC section 4.02.27, the subdistrict regulations shall control. 2. Dimensional standards. a. Height. Building height shall be a maximum of 50 feet. b. Setback. A minimum 75-foot building setback is required for all development adjacent to residentially or agriculturally zoned properties. This setback may be reduced to 50 feet if a minimum six (6) foot tall decorative wall or fence, providing at least 80 percent, opacity is installed within the reduced setback, and the required 20-foot landscape buffer is located between the wall or fence and the adjacent residentially and/or agriculturally-zoned properties. 3. Landscaping and buffering. a. A minimum 20-foot-wide vegetated landscape buffer shall be provided. This vegetated buffer shall be located adjacent to all property lines and shall contain, at a minimum, two staggered rows of trees that shall be spaced no more than 30 feet on center, and a double hedge row at least 24 inches in height at time of planting and attaining a minimum of three (3) feet in height within one year. b. Existing native trees must be retained within this 20-foot-wide buffer area to aid in achieving this buffer requirement; other existing native vegetation shall be retained where possible, to aid in achieving this buffer requirement. c. Water retention/detention areas shall be allowed in this buffer area if left in a natural state, and drainage conveyance thorough the buffer area shall be allowed if necessary to reach an external outfall. I. Specific Design Standards for New Mobile Home Lots in the Immokalee Urban Area Overlay District (IUAOD). 1. Purpose and intent. The purpose of this section is to provide relief from the dimensional standards established in LDC section 4.02.01 for new mobile home lots approved through an existing conditions site improvement plan or amendments thereof within the Nonconforming Mobile Home Site Overlay Subdistrict as established in LDC section 2.03.07 G.3.g. This section shall not apply to the replacement of mobile home units identified on lots established by an existing conditions site improvement plan. 2. Dimensional standards. SITE DESIGN AND DEVELOPMENT STANDARDS 4.02.27 G.3.4.02.27 I.2.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC4:62.39Supp. No. 32 Table 1. Dimensional Standards for New Mobile Home Lots within the IUAOD Design Standard Minimum lot requirements Single-wide units Double-wide units 2,400 square feet 3,500 square feet Minimum lot widths Single-wide units Double-wide units 35 feet 45 feet Minimum setback requirements Interior roads Front yard Side yard Rear yard Public Road frontages 10 feet 5 feet 8 feet 20 feet Minimum separation between structures 10 feet Minimum floor area for replacement units 320 square feet 3. Dumpster/Enclosure. A dumpster or enclosure for individual containers is required in accordance with LDC section 5.03.04. No dumpster shall be located closer than 15 feet from any public street. 4. Private Roads. Private roads leading to and serving the mobile home park or mobile home lots must be improved and maintained and shall consist of a dust-free surface with a minimum width of 20 feet. The dust free surface may consist of aggregate material treated with oil-based material that will bind the aggregate material into a form of macadam road finish. A drainage ditch capable of storing the first one inch of rainfall shall be incorporated into the right-of-way design-cross section, exclusive of the required 20 feet. Drainage shall be directed to a public road via the private road and/or easement conveyance, unless it can be proved that the on-site percolation rates exceed the on-site retention requirement. J. Deviation Regulations. Property owners within the Immokalee Urban Area Overlay District may request deviations from specific dimensional requirements as described in this section. A deviation request may be reviewed administratively or by the Planning Commission depending upon its scope. This section addresses the permissible deviations, limitations thereon, and the review process. 1. Review process. Insubstantial deviations will be reviewed administratively by the County Manager or designee. Substantial deviations will be reviewed by the Hearing Examiner or Collier County Planning Commission (CCPC). This section is not intended to replace the current established process of requesting deviations through the PUD rezoning process. Any deviations from the LDC which are not expressly provided for in this section shall be processed as variances in accordance with LDC section 9.04.00. 2. Concurrent deviation application required. All deviation requests shall be made concurrently with an application for an SDP or amendment, SIP, or Final Subdivision Plat, or in the case of sign deviations, with a building permit. The applicant shall list all requested deviations on the required site plan(s) and shall depict the deviation(s) graphically on the plan(s). Additional graphic information may also be required by staff, on a case-by-case basis. 3. Insubstantial deviation. Requested deviations that do not exceed 10 percent of the required dimension, amount, size, or other applicable dimensional standard, with the exception of the COLLIER COUNTY LAND DEVELOPMENT CODE 4.02.27 I.2.4.02.27 J.3.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC4:62.40Supp. No. 32 required number of parking spaces, which may not exceed 20 percent of the LDC requirement (not more than 10 spaces), are insubstantial. To be approved, the following criteria must be considered: a. The proposed deviation is compatible with adjacent land uses and structures, achieves the requirements of the regulations as closely as is practicable, and meets the intent of the related LDC provisions; and b. The applicant proposes equitable tradeoffs for the proposed diminution in develop- ment standards, such as increased open space, landscaping, pedestrian spaces, buffering or architectural features, in order to meet the intent of the regulation being diminished. 4. Substantial deviations. Requested deviations that do not qualify as insubstantial deviations are substantial deviations. The Hearing Examiner or CCPC shall consider the following: a. Whether or not the proposed deviation is compatible with adjacent land uses and achieves the requirements and/or intent of the regulations as closely as is practicable. b. Whether the proposed deviation is the minimum amount necessary to allow for reasonable use of the property and/or address the issue necessitating the deviation request. c. Whether the reduced or increased standard requested by the deviation is mitigated for, either on the subject site or by providing a public benefit on the subject site. Examples of such on-site mitigation include but are not limited to: increasing setbacks from the adjacent road right-of-way when proposing to deviate from sign size limitations; increasing plantings or planting sizes or installing a fence or wall where a reduced buffer width is proposed; providing public pedestrian and/or bicycle pathway easements or other similar mobility improvements including transit enhancements; providing public parking; providing beautification in the public realm, including street trees, street furniture, lighting and other similar public benefits. 5. Applicability - List of Development Standards Eligible for Deviation Requests. Property owners shall be eligible to seek a deviation from the dimensional requirements of the following LDC sections, unless otherwise noted. a. LDC section 2.03.01 Rural Agricultural District, limited to subsection A.1.b.4.ii. b. LDC section 2.03.03 Commercial Zoning Districts, limited to the following subsec- tions: i. A.1.c.11.vii. limited to a maximum of three stories, viii., and ix.; and ii. E.1.c.4.iv. c. LDC section 2.03.04 Industrial Zoning Districts, limited to subsection A.1.c.2.iv., minimum lot area only. SITE DESIGN AND DEVELOPMENT STANDARDS 4.02.27 J.3.4.02.27 J.5.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC4:62.41Supp. No. 32 d. LDC section 3.05.07 B.1. Preservation Standards, Specific Standards Applicable Outside the RMFU and RLSA districts, Required Preservation Percentages (Table 1 inset). e. LDC section 4.02.01 A Dimensional Standards for Principal Uses in Base Zoning Districts: i. Table 1. Lot Design Requirements for Principal Uses in Base Zoning Districts. ii. Table 2. Building Dimension Standards for Principal Uses in Base Zoning Districts, excluding building height and in the case of commercial parcels, no deviation shall be granted, for new development, from the required 50-foot building setback when abutting residentially zoned properties, or from the minimum 10-foot wide landscaped strip between the abutting road right-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 and/or encroachments are proposed to remain; iii. Table 2.1 - Table of Minimum Yard Requirements (Setbacks) for Base Zoning Districts. f. LDC section 4.02.02 Dimensional Standards for Conditional Uses and Accessory Uses in Base Zoning Districts, limited to subsection E, except building height. g. LDC section 4.02.03 Specific Standards for Location of Accessory Buildings and Structures, Dimensional Standards, except that in the case of new development on commercial parcels, no deviation shall be granted from the required 50-foot building setback when abutting residentially zoned properties, or from the minimum 10-foot wide landscaped strip between the abutting road right-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. h. LDC section 4.02.03 B. Accessory Building Lot Coverage. i. LDC section 4.02.27 D. Specific Design Standards for the Immokalee—State Road 29A Commercial Overlay Subdistrict, Building Design Standards. j. LDC section 4.02.27 E. Same—Jefferson Avenue Commercial Overlay Subdistrict, Building Design Standards. k. LDC section 4.02.27 G. Same—Agribusiness/Farm Market Overlay Subdistrict, Dimensional Standards. l. LDC section 4.02.27 C. Same—Main Street Overlay Subdistrict, limited to the following subsections: A.; C.1; D.3 and D.4; and E.1, E.2, and E.3. m. LDC section 4.05.04 G. (Spaces Required) Table 17 and 4.05.06 B Loading Space Requirements, utilizing the existing administrative deviation process set forth in LDC Section 4.05.04 F.4., recognizing that the reduced need for off-street parking in Immokalee may be offered as a viable basis for such administrative deviation. COLLIER COUNTY LAND DEVELOPMENT CODE 4.02.27 J.5.4.02.27 J.5.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC4:62.42Supp. No. 32 n. LDC section 4.02.27 B.4. Buffer Requirements (limited to required width) except that in the case of new development on commercial parcels, no deviation shall be granted from the required 50-foot building setback when abutting residentially zoned proper- ties, or from the minimum 10-foot-wide landscaped strip between the abutting road right-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. o. LDC section 4.02.27 B.4.e. Landscaping Requirements for Vehicular Use Areas and Rights-of-Way, Standards for Landscaping in Vehicular Use Areas. p. LDC section 4.06.05 B. General Landscaping Requirements, Landscaping require- ments for industrial and commercial development, limited to subsection B.3. q. LDC section 4.02.27 B.4.f. General Landscaping Requirements, Building Foundation Planting Requirements. r. LDC section 4.02.27 B.2. Architectural and Site Design Standards, Building Design Standards. Deviations from non-dimensional provisions of this section are also allowed as substantial deviations. s. LDC section 4.02.27 B.3. Design Standards for Specific Uses. Deviations from non-dimensional provisions of this section are also allowed as substantial deviations. t. LDC section 4.02.27 B.3. Architectural and Site Design Standards, Site Design Standards, limited to subsections a, b, c. Deviations from non-dimensional provisions of this section are also allowed as substantial deviations. Note: Nothing in LDC section 5.05.08, Architectural and Site Design Standards, shall be deemed to prohibit the use of murals on exterior walls of commercial buildings in the Immokalee Urban Overlay District, provided that: 1) such murals are reviewed and accepted by the Collier County Redevelopment Agency staff; and 2) such murals do not contain text for the purpose of advertising any business or commercial activity. u. LDC section 5.06.04 Development Standards for Signs in Nonresidential Districts, limited to subsection F. 6. Public notice. Public notice, including signage, notice to property owners and an advertised public hearing, is required for substantial deviation requests, and shall be provided in accordance with the applicable provisions of section 10.03.05 B, for Variances. 7. Appeals. Within 30 days of the issuance of the decision of staff or of the CCPC, the owner or any aggrieved person may appeal the decision to the Board of Zoning Appeals pursuant to section No. 250-58 of the Codes of Laws and Ordinances. (Ord. No. 08-63, § 3.K; Ord. No. 25-56, § 3.C) 4.02.28—4.02.33 Reserved. Editor’s note—Ord. No. 25-56, § 3.D, adopted November 10, 2025, repealed §§ 4.02.28—4.02.33, which pertained to Specific Design Standards for the Immokalee—Jefferson Avenue Commercial Overlay Subdistrict, Farm Market Overlay Subdistrict, Agribusiness Overlay Subdistrict; Central Business Overlay Subdistrict, Main Street Overlay District, New Mobile Home Lots in the Immoalee Urban Overlay Subdistrict and derived from Ord. No. 10-23, §§ 3.T, 3.U; Ord. No. 16-27, § 3.L. SITE DESIGN AND DEVELOPMENT STANDARDS 4.02.27 J.5.4.02.33 J.7.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC4:62.43Supp. No. 32 4.02.34 Specific Standards for Shopping Centers A. A shopping center must consist of eight (8) or more retail business or service establishments containing a minimum total of 20,000 square feet of floor area. A marina, hotel, or motel with accessory retail shops is not considered a shopping center. B. For specific standards regarding parking/additional parking, see section 4.05.04. COLLIER COUNTY LAND DEVELOPMENT CODE 4.02.34 4.02.34 B.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC4:62.44Supp. No. 32 K. Exemptions to locational requirements 1. Off-site parking on non-contiguous lots under same ownership. The County Manager or designee may approve off-site parking on lots under the same ownership that are separated by a roadway that is not designated an arterial or a collector roadway of greater than two (2) lanes in the traffic circulation element of the GMP. A site development plan shall be submitted to the County Manager or designee which indicates that: a. At least sixty-seven (67%) percent of the required parking is on the lot with the principal structure; or b. The off-site lots are zoned for use as a parking lot or are zoned the same as the lot with the principal structure; or c. The off-site parking will serve a water-dependent and/or a water-related use or will only be used for valet parking. 2. Off-site parking on lots under different ownership. The County Manager or designee may approve off-site parking on contiguous lots that are under different ownership. A site development plan shall be submitted to the County Manager or designee which includes: a. A minimum ten (10)-year lease agreement between the property owners, including a provision that if and when the lease expires, the property owner requiring the off-site parking shall make other provisions for the required parking. The County attorney shall review this agreement for form and legal sufficiency. The petitioner shall record the lease in the official records of Collier County before approval of the site development plan; and b. At least sixty-seven (67%) percent of the required parking is on the lot with the principal structure; or c. The off-site lots are zoned for use as a parking lot or are zoned the same as the lot with the principal structure; or d. The off-site parking will serve a water dependent and/or water related use or will only be used for valet parking. 3. Parking exemption. a. The Hearing Examiner, or BZA after review and recommendation by the Planning Commission, may approve a parking exemption under the following circumstances: (1) The permitted use and the proposed off-site parking lot are separated by a collector or arterial roadway; (2) The lot proposed for off-site parking is not zoned commercial; (3) Shared parking, in which two or more permitted uses utilize the same, or a portion of the same required parking; (4) Parking reservation, in which the petitioner believes that the number of required parking spaces is excessive and wishes to reduce the number of SITE DESIGN AND DEVELOPMENT STANDARDS 4.05.02 k.4.05.02 K.3.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC4:75Supp. No. 32 parking spaces required to be constructed, while reserving the land area for future parking spaces if determined necessary by the County Manager or his designee, or the BZA. (5) Structures in commercial zoning districts shall be set back a minimum of 15 feet from residentially zoned lots which have been granted a parking exemption. b. The Hearing Examiner, or Planning Commission and the BZA, shall consider the following criteria for the approval of a parking exemption: (1) Whether the amount of off-site parking is required by sections 4.05.04 G. and 4.05.09, or is in excess of these requirements. (2) The distance of the farthest parking space from the facility to be served. (3) Pedestrian safety if the lots are separated by a collector or arterial roadway. (4) Pedestrian and vehicular safety. (5) The character and quality of the neighborhood and the future development of surrounding properties. (6) Potential parking problems for neighboring properties. (7) Whether the internal traffic flow is required to leave the site to reach the proposed off-site parking. (8) Whether vehicular access shall be from or onto residential streets. (9) Whether buffers adjacent to the property zoned residential are 15 feet in width and include a wall in addition to required landscaping. (10) Whether the off-site parking area will be used for valet parking. (11) Whether the off-site parking area will be used for employee parking. (12) Whether there are more viable alternatives available. c. Off-street parking areas must be accessible from a street, alley or other public right-of-way and all off-street parking facilities must be so arranged that no motor vehicle shall have to back onto any street, excluding single-family and two-family residential dwellings and churches approved under sections 4.05.04 G. and 4.05.09. L. Minimum aisle widths shall be as follows: Table 16. Minimum Aisle Width in Parking Lots. Angle of Parking Aisle Width (One-Way) Aisle Width (Two-Way) Parallel 12 feet* 20 feet 30 degrees 12 feet* 22 feet 45 degrees 12 feet* 22 feet 60 degrees 18 feet 24 feet 90 degrees 22 feet 24 feet COLLIER COUNTY LAND DEVELOPMENT CODE 4.05.02 K.3.4.05.02 L.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC4:76Supp. No. 32 *Fire districts may require these to be increased to fourteen (14) feet where an acute turning radius is present. 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 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. SITE DESIGN AND DEVELOPMENT STANDARDS 4.05.02 L.4.05.02 M.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC4:77Supp. No. 32 (Ord. No. 04-72, § 3.M; Ord. No. 10-23, § 3.W; Ord. No. 12-38, § 3.M; Ord. No. 16-22, § 3.F; Ord. No. 21-14, § 3.G; Ord. No. 25-51, § 3.D) COLLIER COUNTY LAND DEVELOPMENT CODE 4.05.02 M.4.05.02 M.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC4:78Supp. No. 32 b. The neighborhood village center shall be located within a 1,760 foot radius {one-third (1/3) mile} of at least 80% of the total number of approved residential units. c. The neighborhood village center shall be pedestrian-friendly meaning minimal dependency upon access by automobiles and with location and design to encourage pedestrian access, which shall be reflected in the pedestrian walkway system for the entire PUD. 5. In recognition of the pedestrian-friendly design of the neighborhood village center, as required in section 4.07.04 B.4.c., the number of required off-street parking spaces shall only be 50% of that required by section 4.05.04 of the LDC. However, the number of off-street parking spaces provided shall not exceed 75% of that required by section 4.05.04. In all other respects, off-street parking areas shall be designed in accordance with the provisions of section 4.05.00 of this LDC. 6. The neighborhood village center shall be subject to, and in compliance with, the design guidelines identified in section 5.05.08 of this LDC except as otherwise excepted or required herein. 7. Signs. The neighborhood village center shall adhere to section 5.06.00 of this LDC, the Collier County Sign Code. 8. No commercial building construction in the neighborhood village center shall be allowed until building construction has commenced on at least 30% of the residential dwelling units in the PUD. (Ord. No. 06-63, § 3.BB; Ord. No. 09-43, § 3.A) 4.07.05 Special Requirements for Research and Technology Park Planned Unit Developments Development in research and technology parks shall comply with the design requirements in the following table: Table 23. Dimensional Standards for Research and Technology Park PUDs Design Requirement Minimum lot area 20,000 square feet Minimum lot width for lots abutting arterial or collector roads 250 feet Minimum lot width, all other lots 100 feet Setbacks Front yard Side yard, abutting residentially zoned property Side yard, all other lots Rear yard 25 feet 25 feet 15 feet 15 feet All yards abutting residentially zoned or used property 25 feet 4.07.06 Provision of Polling Places A. At the time the BCC approves a zoning request to planned unit development (PUD) or any other residential development involving a project of more than 100 dwelling units, or at the time the BCC approves a PUD amendment, any residential project which will have a community recreation/public building/public room or similar common facility, shall be required to provide polling places in said SITE DESIGN AND DEVELOPMENT STANDARDS 4.07.04 B.4.4.07.06 A.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC4:127Supp. No. 32 community recreation/public building/public room if a polling place is determined to be necessary by the BCC. The board shall consider the recommendation of the supervisor of elections in reaching such determination. B. If a residential PUD or a residential project is a private development with a restricted and/or monitored entrance which limits access to residents of that development, their guests and necessary maintenance workers, a polling place may be required by the board to be provided in any community recreation/public building/public room or similar facility; however, the controlling entity of that private development may limit the use of the polling places to the residents of that private development. C. This commitment shall be guaranteed through the following mechanism: an agreement recorded in the official records of the clerk of the circuit court of Collier County, which shall be binding upon any and all successors in interest that acquire ownership of such commons areas including, but not limited to, condominium associations, homeowners' associations, or tenants' associations. This agreement shall provide for said community recreation/public building/public room or similar common facility to be used for a polling place if determined to be necessary by the supervisor of elections. The commitment also shall be included within the PUD document. D. The supervisor of elections is responsible for arranging use of said community recreation/public building/public room or other common facility for a polling place with the entity who controls said common facility prior to the election. E. Access to the polling place shall be provided to all individuals arriving to vote or work at the polling place during official voting hours, including the time required to establish the polling place, tabulate and post the voting results 4.08.00 RURAL LANDS STEWARDSHIP AREA ZONING OVERLAY DISTRICT STANDARDS AND PROCEDURES 4.08.01 Specific Definitions Applicable to the RLSA District As used in the RLSA District Regulations, the terms below shall have the following meanings, set forth below, to the exclusion of any meanings ascribed to such terms in section 1.08.00: A. Accessory dwelling unit. A dwelling unit that is supplemental and subordinate to a primary dwelling on the same premises, limited to 900 square feet. B. Baseline Standards. Baseline Standards are the allowable uses, density, intensity and other land development regulations assigned to land within the RLSA District by the GMP, Collier County Land development Regulations and Collier County Zoning Regulations in effect prior to July 25, 2000, and subject to the further provisions of section 4.08.05. C. Building Height. Refers to the vertical extent of a building. Building height is measured in Stories. D. Building Height to Street Width Ratio. The maximum height of the tallest building divided by the width of the street. The street width is the distance between two building façades. E. Civic and Institutional Uses. Structures developed for and/or used by established organizations or foundations dedicated to public service or cultural activities including the arts, education, government and religion. COLLIER COUNTY LAND DEVELOPMENT CODE 4.07.06 A.4.08.01 E.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC4:128Supp. No. 32 F. Compact Rural Development (CRD). Compact Rural Development is a form of SRA that is intended to support and further Collier County's valued attributes of agriculture, natural resources, and economic diversity. A CRD shall include uses associated with and needed to support research, education, convenience retail, tourism, or recreation. A CRD may include but is not required to have permanent residential housing and the services and facilities to support permanent residents. G. Context Zones. Areas that establish the use, intensity and diversity within a town or village. Context zones specify permitted land uses, FARs, building height, setbacks, and other regulating elements to guide the establishment of the urban to rural continuum. H. Designation. Application of the SSA or SRA concepts through a formal application, review, and approval process as described in the RLSA District Regulations. I. FSA - Flow way Stewardship Area. Privately owned lands delineated on the RLSA Overlay Map, which primarily include privately owned wetlands that are located within the Camp Keais Strand and Okaloacoochee Slough. FSAs form the primary wetland flow way systems in the RLSA District. J. HSA - Habitat Stewardship Area. Privately owned lands delineated on the RLSA Overlay Map, which include both areas with natural characteristics that make them suitable habitat for listed species and areas without these characteristics. These latter areas are included because they are located contiguous to habitat with natural characteristics, thus forming a continuum of landscape that can augment habitat values. K. Incidental Clearing. Clearing of no more than 1% of the area of an SSA, which is conducted to accommodate the ability to convert from one Ag 1 use to another Ag 1 use and which connects existing Ag 1 acres, squares up existing Ag 1 farm fields, or provides access to or from Ag 1 areas. L. Landmark building. A prominent civic or institutional building that creates a significant community feature, focal point, or terminating vista. M. Land Use - Land Cover Indices. One of the indices comprising the Natural Resource Index Value of land, with values assigned based upon land use and land cover characteristics as mapped using the Florida Land Use, Cover, and Forms Classification System (FLUCFCS) (FDOT 1999). For purposes of assigning values, land use and land cover codes are grouped as follows: Group 1 (Codes 617, 6172, 621, 6218, 6219, 624, 630, 641, 643); Group 2 (Codes 321, 411, 4119, 425, 434, 439, 428); Group 3 (211, 212, 213, 214, 221, 222, 241, 242, 243, 250, 260, 261, 310, 329, 330, 422, 510, 521, 523, 533, 534); and Group 4 (all others). N. Land Use Layer (Layer). Permitted and conditional land uses within the Baseline Standards that are of a similar type or intensity and that are grouped together in the same column on the Land Use Matrix. O. Land Use Matrix (Matrix). The tabulation of the permitted and conditional land uses within the Baseline Standards set forth in Section 4.08.06 B.4., with each Land Use Layer displayed as a single column. P. Listed Species Habitat Indices. One of the indices comprising the Natural Resource Index Value, with values assigned based upon the habitat value of the land for listed species. Index values are based on documentation of occupied habitat as established by the intersect of documented and verifiable observations of listed species with land cover identified as preferred or tolerated habitat for that species. Land mapped, using FLUCFCS, as 310, 321, 411, 425, 428, 434, 617, 6172, 621, 6218, 6219, SITE DESIGN AND DEVELOPMENT STANDARDS 4.08.01 F.4.08.01 P.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC4:129Supp. No. 32 624, and 630 is deemed to be preferred or tolerated habitat for panthers for the purpose of assigning a value for these indices. An intersection of at least one data point establishing the presence of a listed species within a geographic information system (GIS) polygon of preferred or tolerated habitat for that species shall result in the entire polygon being scored as occupied habitat. Q. Micromobility. Any small, low-speed, human- or electric-powered transportation device, including bicycles, scooters, electric-assist bicycles, electric scooters (a.k.a. e-scooters), and other small, lightweight, wheeled conveyances. R. Natural Resource Index (Index). A measurement system that establishes the relative natural resource value of each acre of land by objectively measuring six different characteristics of land and assigning an index factor based on each characteristic. The sum of these six factors is the Index value for the land. The six characteristics measured are: Stewardship Overlay Delineation, Proximity, Listed Species Habitat, Soils/Surface Water, Restoration Potential, and Land Use/Land Cover. S. Natural Resource Index Map Series (Index Maps). The Rural Lands Study Area Natural Resource Index Map Series adopted as part of the GMP. T. Natural Resource Index Value (Index Value). The sum of the values assigned to each acre, derived through the calculation of the values assigned to each of the six (6) characteristics included in the Index. U. Neighborhood Edge. A defining Context Zone that includes the least intensity and diversity within the town or village. The zone is predominantly single-family residential and recreational uses. The Neighborhood Edge may be used to provide a transition to adjoining rural land uses. V. Neighborhood General. A defining Context Zone that creates community diversity with the inclusion of a mix of single and multi-family housing, neighborhood scale goods and services, schools, parks and other recreational uses, and open space. W. Neighborhood Goods and Services Zone. Zone located within the Neighborhood General Context Zone. These zones are intended to provide convenient neighborhood scale retail and office use within proximity to the residential uses in order to support community walkability. X. Open space. Open space includes active and passive recreational areas such as parks, playgrounds, ball fields, golf courses, lakes, waterways, lagoons, flood plains, nature trails, native vegetation preserves, landscape areas, public and private conservation lands, agricultural areas (not including structures), and water retention and management areas. Buildings shall not be counted as part of any open space calculation. Vehicular use surface areas of streets, alleys, driveways, and off-street parking and loading areas shall not be counted as part of any open space calculation. Y. Park-and-Ride site. Means a parking lot, garage, parking structure, or other off-street parking area that constitutes either a principal or accessory use of the property and serves a bus station/depot or a bus stop on a transit route whereby a user leaves their automobile/vehicle and travels via bus, carpool, vanpool, or bicycle. A park-and-ride is a type of automobile parking establishment (SIC 7521). Z. Pathway. A defined corridor for the primary use of non-motorized travel. AA. Post Secondary Institution Ancillary Uses. Any use or facility owned by a public or private post secondary institution that is of a type commonly found on public or private post secondary institution campuses. COLLIER COUNTY LAND DEVELOPMENT CODE 4.08.01 P.4.08.01 AA.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC4:130Supp. No. 32 BB. Proximity Indices. One of the indices comprising the Natural Resource Index Value of land, with values assigned based upon the proximity of the land to areas designated on the RLSA Overlay Map as FSA, HSA, or WRA and to either public or private preserve lands. No additional value shall be added under the Proximity Indices for land that is within an FSA, HSA, WRA, or public or private preserve. CC. Restoration Potential Indices. One of the indices comprising the Natural Resource Index Value of land, with values assigned based both upon the potential for restoration and the historic use or character of the land as a large mammal corridor, connector wetlands and flow way, wading bird habitat, or other listed species habitat. DD. Restoration Area. Privately owned lands delineated on the RLSA Overlay Map that are located within 500 feet of an FSA, but are not otherwise included in an HSA or WRA. EE. RLSA District, also called Rural Lands Stewardship Area Zoning Overlay District. The area depicted on the Official Zoning Atlas Map as the Rural Lands Stewardship Area Overlay, including lands within the Immokalee Area Study boundary of the Collier County Rural and Agricultural Area Assessment referred to in the State of Florida Administration Commission Final Order No. AC-99-002. The RLSA District generally includes rural lands in northeast Collier County lying north and east of Golden Gate Estates, north of the Florida Panther National Wildlife Refuge and Big Cypress National Preserve, south of the Lee County Line, and south and west of the Hendry County Line. FF. RLSA Overlay Map. The map entitled "Collier County Rural & Agricultural Area Assessment Stewardship Overlay Map," which identifies those areas delineated as FSA, HSA, WRA, Restoration Zone, and Open in the GMP. GG. RLSA District Regulations. LDC Section 4.08.00. HH. Soils/Surface/Water Indices. One of the indices comprising the Natural Resource Index Value of land, with values assigned based upon soil types classified using the following Natural Soils Landscape Positions (NSLP) categories: Open Water and Muck Depression Soils (NSLP Categories 1 and 5); Sand Depression Soils (NSLP Category 6); Flats Soils (NSLP Category 7); and Non-Hydric Soils (NSLP Categories 8, 9, and 11). II. Special Districts. An area dedicated for certain uses that cannot be incorporated into one of the Context Zones. Special Districts provide for the inclusion of unique uses and development standards not otherwise defined in a context zone. JJ. SRA - Stewardship Receiving Area. A designated area within the RLSA District that has been approved for the development of a Town, Village, or CRD and that requires the consumption of Stewardship Credits. KK. SSA - Stewardship Sending Area. A designated area within the RLSA District that has been approved for the generation of Stewardship Credits in exchange for the elimination of one or more Land Use Layers. LL. Stewardship Credit (SSA Credit). A transferable unit of measure generated by an SSA and consumed by an SRA. Where SSA Credits were created from an SSA approved prior to July 13, 2021, eight credits are transferred to an SRA in exchange for the development of one acre of land as provided in SITE DESIGN AND DEVELOPMENT STANDARDS 4.08.01 BB.4.08.01 LL.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC4:131Supp. No. 32 LDC section 4.08.06 B. Where such SSA Credits were created from an SSA approved after July 13, 2021, 10 credits are transferred to an SRA in exchange for the development of one acre of land as provided in LDC section 4.08.06 B. MM. Stewardship Credit Database. A database maintained by the County that keeps track of all of the credit transactions (generation of Credits through SSA designation and the consumption of credits through SRA designation) approved by the County. NN. Stewardship/Credit System. A system that creates incentives to protect and preserve natural resources and agricultural areas in exchange for the generating and use of credits to entitle compact forms of rural development. The greater the value of the natural resources being preserved and the higher the degree of preservation, the greater the number of credits that can be generated. Credits are generated through the designation of SSAs and consumed through the designation of SRAs. OO. Stewardship/Credit Worksheet. An analytical tool that manually describes the Stewardship Credit calculation process including the Natural Resource Index and Land Use Layer components. The worksheet can be used to document proposed changes to the Index component during the SSA and SRA designation processes. PP. Stewardship Overlay Designation. One of the indices comprising the Natural Resource Index Value of land, with values assigned based upon the designation of the land on the RLSA Overlay Map as FSA, HSA, WRA, ACSC, or Restoration Area where Land Use Layers 1 through 4 are eliminated. Land that is designated as ACSC, as well as FSA, HSA, or WRA shall receive value for the designation with the higher value but shall not receive value for both designations. QQ. Story. That portion of a building included between a floor which is calculated as part of the building's habitable floor area and the floor or roof next above it. RR. Story, half. The designation of a space on the upper level of a building in which the walls at the eaves are zero to four feet. SS. Town. Towns are a form of SRA and are the largest and most diverse form of SRA, with a full range of housing types and mix of uses. Towns have urban level services and infrastructure which support development that is compact, mixed use, human scale, and provides a balance of land uses to reduce automobile trips and increase livability. Towns are comprised of several Villages and/or neighborhoods that have individual identity and character. TT. Town Center. A defining Context Zone that is intended to provide a wide range of uses, including daily goods and services, culture and entertainment, and residential uses within a Town. The Town Center is an extension of the Town Core, however the intensity is less as the Town Center serves as a transition to surrounding neighborhoods. UU. Town Core. A defining Context Zone within a Town. The Town Core is the most dense and diverse Context Zone with a full range of uses. The Town Core is the most active area within the Town with uses mixed vertically and horizontally. VV. Village. Villages are a form of SRA and are primarily residential communities with a diversity of housing types and mix of uses appropriate to the scale and character of the particular village. Villages are comprised of residential neighborhoods and shall include a mixed-use village center to serve as the focal point for the community's support services and facilities. COLLIER COUNTY LAND DEVELOPMENT CODE 4.08.01 LL.4.08.01 VV.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC4:132Supp. No. 32 WW. Village center. A defining Context Zone within a Village that is intended to provide a wide range of uses including daily goods and services, culture and entertainment, and residential uses. XX. Walkability. The suitability for pedestrians to walk safely and comfortably within a community or distinct neighborhood to a destination, generally within a quarter-mile radius. Walkable communities are typically characterized by sidewalks and curbs and/or roadways designed to protect pedestrians from moving traffic, including the use of street trees separating the street from the sidewalk. YY. WRA - Water Retention Area. Privately owned lands delineated on the RLSA Overlay Map, that have been permitted by the SFWMD to function as agricultural water retention areas and that provide surface water quality and other natural resource value. (Ord. No. 05-27, § 3.X; Ord. No. 25-55, § 3.A) SITE DESIGN AND DEVELOPMENT STANDARDS 4.08.01 WW.4.08.01 YY.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC4:133Supp. No. 32 4.08.02 Establishment of RLSA Zoning Overlay District In order to implement the RLSA District Regulations, an RLSA District, to be designated as "RLSAO" on the official zoning atlas, is hereby established. A. The lands included in the RLSA District and to which the RLSA District Regulations apply are depicted by the following map: B. Within the RLSA District, additional lands may be designated to implement the stewardship credit system as follows: 1. Establishment of SSA designations. An RLSA District classification to be known as SSAs, and to be designated on the official zoning atlas by the symbol "A-RLSAO-SSA", is hereby established. This overlay district classification will be used for those lands within the RLSA COLLIER COUNTY LAND DEVELOPMENT CODE 4.08.02 4.08.02 B.1.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC4:134Supp. No. 32 District that are designated by the board of county commissioners (BCC) as SSAs. The placement of this designation shall be governed by the procedures as prescribed in the RLSA District Regulations. 2. Establishment of SRA designations. An RLSA District classification to be known as SRAs, and to be designated on the official zoning atlas by the symbol "A-RLSAO-SRA", is hereby established. This overlay district classification will be used for those lands within the RLSA District that are designated by the BCC as SRAs. The placement of this designation shall be governed by the procedures as prescribed in the RLSA District Regulations. 4.08.03 Establishment of land uses allowed in the RLSA District Land uses allowed within the RLSA District are of two types: those allowed in the baseline standards prior to designation of SSAs and SRAs, and; those uses provided for in SSAs and SRAs after designation. The underlying land uses allowed within the RLSA District are included in the baseline standards. Upon designation of SSAs and SRAs pursuant to the RLSA District Regulations, the land uses allowed shall be as provided in sections 4.08.06 and 4.08.07, respectively. 4.08.04 Implementation of Stewardship Credits A. Establishment of a Stewardship Credit Database. As part of the initial implementation of the RLSA Overlay, the County Manager or designee shall cause to be developed a Stewardship Credit Database to track the generation (by SSAs) and consumption (by SRAs) of Stewardship Credits within the RLSA District. The database shall be in an electronic form that can be linked to the RLSA Overlay Map and can readily produce reports that will afford convenient access to the data by the public. The database shall be updated upon approval of an SSA or SRA Designation Application and Credit Agreement. B. Authorization to Establish a Stewardship Credit Trust. As part of the implementation of the RLSA Overlay, the County may elect to acquire Credits through a publicly funded program. Should the County pursue this option, the County shall establish a Stewardship Credit Trust to receive and hold Credits until such time as they are sold, transferred or otherwise used to implement uses within SRAs. Nothing herein shall preclude the County from permanently "retiring" those credits received or held. C. Density. Except as provided herein, there shall be no change to the underlying density and intensity of permitted uses of land within the RLSA District, as set forth in the Baseline Standards, until a property owner elects to utilize the provisions of the Stewardship Credit System pursuant to the provisions of Section 4.08.04. No part of the Stewardship Credit System shall be imposed upon a property owner without that owner's written consent. It is the intent of the RLSA District Regulations that a property owner will be compensated consistent with Policy 3.8 of the RLSA Overlay for the voluntary stewardship and protection of important agricultural and natural resources. The Baseline Standards will remain in effect for all land not subject to the transfer or receipt of Stewardship Credits. D. Creation of Stewardship Credits/General. Stewardship Credits (Credits) may be created from any lands within the RLSA District from which one or more Land Use Layers are eliminated. These lands will be identified as SSAs. All privately owned lands within the RLSA District are candidates for designation as an SSA. Land becomes designated as an SSA upon petition by the property owner seeking such designation as outlined herein. A Stewardship Credit Agreement shall be developed that identifies those land uses, which have been eliminated. Once land is designated as an SSA and Credits or other compensation is granted to the owner, no increase in density or additional uses that are not expressly identified in the Stewardship Credit Agreement shall be allowed on such property. SITE DESIGN AND DEVELOPMENT STANDARDS 4.08.02 B.1.4.08.04 D.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC4:135Supp. No. 32 E. Transfer of Stewardship Credits/General. Credits can be transferred only to lands within the RLSA District that meet the defined suitability criteria and standards set forth in Section 4.08.07 A.1. and that have been designated as SRAs. The procedures for the establishment and transfer of Credits and SRA designation are set forth herein. Stewardship Credits will be exchanged for additional residential or non-residential entitlements in an SRA on a per acre basis. SRA density and intensity will thereafter differ from the Baseline Standards. F. Allocation of Stewardship Credits/General. Stewardship Credits generated from one SSA may be allocated to one or more SRAs, and an SRA may utilize Stewardship Credits generated from one or more SSAs. G. Seven Year Comprehensive Review. 1. Many of the tools, techniques, and strategies of the RLSA Overlay are new, innovative, and incentive-based. The County shall prepare and submit to DCA for review a comprehensive analysis of the RLSA Overlay every seven years, beginning on July 13, 2021, to assess the participation and effectiveness of the RLSA Overlay implementation in meeting the Goals, Objectives, and Policies of the RLSA Overlay by utilizing the measures of review delineated in Policy 1.21 of the FLUE. The County shall encourage public participation in the review process through publicly noticed workshops and meetings and through the solicitation of public input. 2. Subsequent to the seven-year review, the RLSA Overlay and RLSA District Regulations may be amended in response to the County's assessment and evaluation of the participation in and effectiveness of the Stewardship Credit System. 3. The value, exchange rate, and use of Stewardship Credits shall be governed by the RLSA Overlay and RLSA District Regulations in effect at the time the SSA from which those credits are generated is approved. The Restoration Stewardship Credits shall be governed by the RLSA Overlay and RLSA District Regulations in effect at the time that such Restoration Stewardship Credits are authorized by the BCC. H. Stewardship Credit Cap. The total number of Stewardship Credits shall be capped at 404,000 to entitle no more than 45,000 acres of Stewardship Receiving Areas. Generating Stewardship Credits does not presume approval of Stewardship Receiving Areas. (Ord. No. 25-55, § 3.B) 4.08.05 Baseline Standards All lands within the RLSA District have been delineated on the RLSA Overlay Map. Unless and until designated as an SSA or SRA, lands within the RLSA District shall remain subject to the Baseline Standards. A. Purpose and intent. These Baseline Standards will remain in effect for all land within the RLSA District unless or until such land becomes subject to the transfer or receipt of Stewardship Credits, except as to those agricultural uses subject to sections 163.3162(3) and 823.14(6), Florida Statutes. The Baseline Standards are intended to protect water quality and quantity, maintain the natural water regime, and protect listed animal and plant species or species of special concern as defined by the Florida Fish and Wildlife Conservation Commission (FFWCC) and their habitats on land that has not been designated as an SSA or SRA. The opportunity to voluntarily participate in the Stewardship Credit Program, as well as the right to sell conservation easements or a fee or lesser interest in the land, shall constitute compensation for the loss of any development rights related to these standards. COLLIER COUNTY LAND DEVELOPMENT CODE 4.08.04 E.4.08.05 A.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC4:136Supp. No. 32 B. Applicability of code. Except as otherwise specifically provided in this section 4.05.00, those provisions of this Code in effect as of July 25, 2000, shall apply to all land within the RLSA District unless or until such lands become subject to the transfer or receipt of Stewardship Credits. C. Private lands delineated FSAs, HSAs, WRAs, and Restoration Areas. Lands delineated FSA, HSA, WRA, or Restoration Areas on the RLSA Overlay Map have been identified through data and analysis as having a higher quality natural resource value than those lands not delineated. Although any land within the RLSA District can be designated as an SSA, generally those lands delineated FSAs, HSAs, and WRAs are the most likely candidates for designation because of the higher credit values applied to lands with those delineations. D. Private lands delineated as open. Lands not otherwise classified as FSA, HSA, WRA, or Restoration Areas are delineated as "open" on the RLSA Overlay Map and are generally of a lower natural resource quality. Open lands may be designated as either SSAs or SRAs. E. Area of critical state concern (ACSC). The RLSA District includes lands that are within the ACSC. Those ACSC lands are depicted on the RLSA Overlay Map and are eligible for designation as SRAs, subject to additional standards set forth in subsection 4.08.07 A.2. All ACSC regulations continue to apply to ACSC lands within the RLSA District regardless of designation. F. Public or private conservation lands. Those lands within the RLSA District that are held in public ownership or in private ownership as conservation lands may be delineated on the RLSA Overlay Map as FSA, HSA, or WRA but are not eligible for designation as either an SSA or SRA. G. No increase in density or intensity within the RLSA District is permitted beyond the Baseline Standards except in areas designated as SRAs. Within SRAs, density and intensity may be increased through the provisions of the Stewardship Credit System and, where applicable, through the affordable housing density Bonus as referenced in the density Rating System of the FLUE, and the density and intensity blending provision of the Immokalee Area Master Plan. H. Allowable uses. The permitted, accessory, and conditional uses allowed shall be those set forth in LDC section 2.03.00 in effect as of July 25, 2000, with the following exceptions: 1. Residential Uses, General conditional uses, Earth Mining and Processing Uses, and Recreational Uses (layers 1—4) as listed in the Matrix in LDC section 4.08.00 shall be eliminated in all FSAs and designated Restoration Areas, as provided in LDC section 4.08.00. 2. Conditional use essential services and governmental essential services, except those necessary to serve permitted uses or for public safety as described in LDC section 2.01.03 G.2, shall not be allowed in FSAs with an Index value of 1.2 or less, as provided in section 4.08.00. 3. Directional-drilling techniques and/or previously cleared or disturbed areas shall be utilized for oil and gas exploration and oil and gas field development and production activities in FSAs and HSAs in order to minimize impacts to native habitats, when determined to be practicable. This requirement shall be deemed satisfied upon issuance of a state permit in compliance with the criteria established in Chapters 62C-25 through 62C-30, F.A.C., regardless of whether the activity occurs within the Big Cypress Watershed, as defined in section 377.42, F.S. All applicable Collier County environmental permitting requirements shall be considered satisfied by evidence of the issuance of all applicable federal and/or state oil and gas permits SITE DESIGN AND DEVELOPMENT STANDARDS 4.08.05 B.4.08.05 H.3.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC4:137Supp. No. 32 for proposed oil and gas activities in Collier County, so long as the state permits comply with the requirements of Chapters 62C-25 through 62C-30, F.A.C. For those areas of Collier County outside the boundary of the Big Cypress Watershed, the applicant shall be responsible for convening the Big Cypress Swamp Advisory Committee as set forth in Section 377.42, F.S., to assure compliance with Chapters 62C-25 through 62C-30, F.A.C., even if outside the defined Big Cypress Watershed. All oil and gas access roads shall be constructed and protected from unauthorized uses according to the standards established in Rule 62-30.005(2)(a) 1 through 12, F.A.C. 4. Asphaltic and concrete batch making plants shall be prohibited in areas mapped as HSAs. I. Standards applicable inside the ACSC. RLSA District lands within the ACSC shall be subject to all ACSC regulatory standards, including those that strictly limit non-agricultural clearing. J. Standards applicable outside the ACSC. Except to the extent superseded by L. or M. below, the following standards shall apply to all development within those areas of the RLSA District that are outside of the ACSC, other than agricultural operations that fall within the scope of sections 163.3162(3) and 823.14(6), F.S., and single family residential dwellings, unless or until such lands are subject to transmittal or receipt of Stewardship Credits: 1. A wildlife survey, as set forth in Chapter 10, shall be required for all parcels when listed species are known to inhabit biological communities similar to those existing on site or where listed species are directly observed on the site. 2. If listed species are utilizing a site or are indicated by evidence, such as denning, foraging, or other indications, first priority shall be given to preserving the habitat of such listed species. A minimum of 40% of native vegetation on site shall be retained, with the exception of clearing for agricultural purposes. 3. If the wildlife survey indicates that listed species are utilizing the site, or the site is capable of supporting and is likely to support listed species, a wildlife habitat management plan shall be prepared and submitted to the County. a. The wildlife habitat management plan within the RLSA District shall include the following techniques to protect listed species from the negative impacts of develop- ment: i. Fencing, walls, other obstructions, or other provisions shall be used to minimize development impacts to the listed species and to encourage wildlife to use wildlife corridors. ii. Roadway crossings, underpasses, and signage shall be used where roads must cross wildlife corridors as determined by the authorities governing crossing locations. b. The wildlife habitat management plan shall also incorporate the following: i. A description of the techniques used to direct incompatible land uses away from listed species and their habitats and to comply with the criteria identified in 1 and 2 above, as applicable. COLLIER COUNTY LAND DEVELOPMENT CODE 4.08.05 H.3.4.08.05 J.3.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC4:138Supp. No. 32 ii. Identification of appropriate lighting controls for permitted uses including, outdoor lighting that is designed to protect the nighttime environment, conserve energy, and enhance safety and security, and a consideration of the opportunity to utilize prescribed burning to maintain fire-adapted preserved vegetation communities and provide browse for white-tailed deer, consistent with the USFWS South Florida Multi-Species Recovery Plan, May 1999, except as recommended otherwise by the USFWS or FFWCC. iii. A description of provisions to minimize human and wildlife interactions based on the most current FFWCC guidelines and regulations on techniques to reduce human-wildlife contact, consistent with the baseline standards provided in LDC section 4.08.05 J.3.a. Low intensity land uses, such as lakes, parks, or passive recreation areas, vegetation preserves, and agriculture shall be used to establish buffer areas between wildlife habitat and areas dominated by human activities. iv. The methods to be used for disseminating information to local residents, visitors, and businesses about the presence of wildlife and practices that enable coexistence and minimized interaction such as appropriate waste disposal practices. v. Mitigation for impacting listed species habitat shall be considered in the management plan, as appropriate. vi. A monitoring program if the development will be greater than 10 acres. c. The most current and completed data and local, state, and federal guidelines and regulations shall be utilized to prepare the required management plans. Management guidelines contained in publications used by the FFWCC and USFWS for technical assistance shall be used for developing required management plans, and the County shall consider any other techniques recommended by the FFWCC and the USFWS, consistent with LDC section 4.08.05 J.4. 4. 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 RLSA Overlay of the GMP, consider and utilize recommendations and letters of technical assistance from the FFWCC and recommendations from the U.S. Fish and Wildlife Service in issuing development orders. It is recognized that these agency recommendations, on a case-by-case basis may strengthen the requirements contained herein and any such change shall be deemed consistent with this Code. However, no reduction of the wildlife protection standards herein will be considered as these constitute minimum standards for wildlife protection. K. Golf course standards. Except as otherwise required by L. or M. below, all golf courses within the RLSA District that are not within an SRA shall be subject to the following requirements: 1. Golf courses shall be designed, constructed, and managed in accordance with the Audubon Cooperative Sanctuary Program (ACSP) for Golf Courses. The project shall demonstrate that SITE DESIGN AND DEVELOPMENT STANDARDS 4.08.05 J.3.4.08.05 K.1.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC4:139Supp. No. 32 the ACSP's Environment Management Practices for Golf Courses have been incorporated into the golf course's design and operational procedures. In addition to addressing these requirements, golf courses shall meet the following specific criteria: a. In order to prevent the contamination of soil, surface water and ground water by the materials stored and handled by golf course maintenance operations, golf courses shall comply with the Best Management Practices for Enhancement of Environmental Quality on Florida Golf Courses, prepared by the Florida Department of Environmental Protection, September 2012, as amended. b. To protect ground and surface water quality from fertilizer and pesticide usage, golf courses shall demonstrate the following management practices: i. The use of slow release nitrogen sources; ii. The use of soil and plant tissue analysis to adjust timing and amount of fertilization applications; iii. The use of an integrated pest management program using both biological and chemical agents to control various pests; iv. The coordination of pesticide applications with the timing and application of irrigation water; and v. The use of pesticides that will have a minimum adverse impact on water quality, in compliance with Best Management Practices for the Enhancement of Environmental Quality on Florida Golf Courses, FDEP, September 2012, as amended. 2. To ensure water conservation, golf courses shall incorporate the following in their design and operation: a. Irrigation systems shall be designed to use weather station information and moisture- sensing systems to determine the optimum amount of irrigation water needed considering soil moisture and evapotranspiration rates. b. As available, golf courses shall utilize treated effluent reuse water consistent with Public Facilities Element of the Growth Management Plan (GMP), Objective 4 and its policies. c. Native plants shall be used exclusively except for special purpose areas such as golf greens, fairways, and building sites. Within these excepted areas, landscaping plans shall require that at least 75% of the trees and 50% of the shrubs be freeze-tolerant native Floridian species. At least 75% of the required native trees and shrubs shall also be drought tolerant species. 3. Stormwater management ponds shall be designed to mimic the functions of natural systems: by establishing shorelines that are sinuous in configuration in order to provide increased length and diversity of the littoral zone. A littoral shelf shall be established to provide a feeding area for water dependent avian species. The combined length of vertical and rip-rapped walls COLLIER COUNTY LAND DEVELOPMENT CODE 4.08.05 K.1.4.08.05 K.3.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC4:140Supp. No. 32 shall be limited to 25% of the shoreline. Credits to the site preservation area requirements, on an acre-to-acre basis, shall be given for littoral shelves that exceed these littoral shelf area requirements. L. Standards applicable in FSAs, HSAs, and WRAs that are outside of the ACSC. The provisions of Chapters 3, 4, and 10 in effect as of July 25, 2000, shall apply to FSAs, HSAs, and WRAs outside of the ACSC, with the following exceptions: 1. Site clearing and alteration shall be limited to 20% of the property and nonpermeable surfaces shall not exceed 50% of any such area. 2. Except for roads and lakes, any nonpermeable surface greater than one acre shall provide for release of surface water run off, collected or uncollected, in a manner approximating the natural surface water flow regime of the surrounding area. 3. Roads shall be designed to allow the passage of surface water flows through the use of equalizer pipes, interceptor spreader systems or performance equivalent structures. 4. Revegetation and landscaping of cleared areas shall be accomplished with predominantly native species and planting of undesirable exotic species shall be prohibited. M. Standards applicable to wetlands outside of FSAs, HSAs, WRAs, and the ACSC. Wetlands located outside of FSAs, HSAs, WRAs, and the ACSC shall be preserved in accord with the following criteria: 1. The vegetative preservation requirement set forth in J.2. above shall first be met through preservation of wetlands having a functionality assessment score of 0.65 or greater. Applicants shall establish the wetland functionality score of wetlands using the South Florida Water Management District's Unified Wetland Mitigation Assessment Method, F.A.C. 62-345. Upland vegetative communities may be utilized to meet the vegetative, open space, and site preservation requirements when the wetland functional assessment score of on-site wetlands is less than 0.65. 2. Wetlands and contiguous upland buffers that are utilized by listed species or serving as corridors for the movement of listed species shall be preserved on site. 3. Wetland flowway functions through the project shall be maintained. 4. Ground water table drawdowns or diversions shall not adversely change the hydroperiod of preserved wetlands on or off-site and detention and control elevations shall be set to protect surrounding wetlands and be consistent with surrounding land and project control elevations and water tables. In order to meet these requirements, projects shall be designed in accordance with the current SFWMD Basis of Review. 5. All direct impacts shall be mitigated for as required by applicable federal or state agencies and in the same manner as set forth in section 4.06.04 of this Code. 6. Single family residences shall follow the requirements contained within Policy 6.2.7 of the Conservation and Coastal Management Element of the GMP. 7. Appropriate buffering shall be provided to separate preserved wetlands from other land uses. A minimum 50-foot vegetated upland buffer is required adjacent to a natural water body and SITE DESIGN AND DEVELOPMENT STANDARDS 4.08.05 K.3.4.08.05 M.7.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC4:141Supp. No. 32 for other wetlands a minimum 25-foot vegetated upland buffer adjacent to the wetland. A structural buffer, consisting of a stem-wall, a berm, or a vegetative hedge with suitable fencing, may be used in conjunction with a vegetative buffer that would reduce the vegetative buffer width by 50%. A structural buffer shall be required adjacent to wetlands where direct impacts are allowed. Wetland buffers shall conform to the following standards: a. The buffer shall be measured landward from the approved jurisdictional line. b. The buffer zone shall consist of preserved native vegetation. Where native vegetation does not exist, native vegetation compatible with the existing soils and expected hydrologic conditions shall be planted. c. The buffer shall be maintained free of Category I Exotics. d. The following land uses are considered to be compatible with wetland functions and are allowed within the buffer: i. Passive recreational areas, boardwalks and recreational shelters; ii. Pervious nature trails; iii. Water management structures; iv. Mitigation areas; v. Any other conservation and related open space activity or use which is comparable in nature with the foregoing uses. 8. Mitigation requirements. Mitigation shall be required for direct impacts to wetlands, such that the wetland functional score of the mitigation equals or exceeds the wetland functional score of the impacted wetlands. a. Priority shall be given to mitigation within FSAs and HSAs. b. Loss of storage or conveyance volume resulting from direct impacts to wetlands shall be compensated for by providing an equal amount of storage or conveyance capacity on site and within or adjacent to the impacted wetland. c. Protection shall be provided for preserved or created wetland or upland vegetative communities offered as mitigation by placing a conservation easement over the land in perpetuity, providing for initial exotic plant removal (Class I invasive exotic plants defined by the Florida Exotic Plant Council) and continuing exotic plant maintenance, or by appropriate ownership transfer to a state or federal agency along with sufficient funding for perpetual management activities. 9. Prior to issuance of any final development order that authorizes site alteration, the applicant shall demonstrate compliance with LDC section 4.08.05 M.8.a. through LDC section 4.08.05 M.8.c. above, as applicable, and SFWMD standards. If state or federal agency permits have not provided mitigation consistent with LDC section 4.08.05 M.8 above, the County shall require mitigation exceeding that of the jurisdictional agencies. COLLIER COUNTY LAND DEVELOPMENT CODE 4.08.05 M.7.4.08.05 M.9.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC4:142Supp. No. 32 10. Wetland preservation, buffer areas, and mitigation areas shall be identified or platted as separate tracts. In the case of a Planned Unit Development (PUD), these areas shall also be depicted on the PUD Master Plan. These areas shall be maintained free from trash and debris and from Category I Exotics. Land uses allowed in these areas shall be limited to those identified in LDC section 4.08.05 M.7.d. above. N. Outdoor lighting. Any development proposed in the RLSA District shall be compatible with surrounding land uses and implement appropriate lighting controls for permitted uses, including outdoor lighting that is designed to protect and preserve the nighttime environment by minimizing light pollution and glare while reducing energy consumption and upholding safety and security. Except for when the County Manager or designee determines otherwise to protect the health, safety, and welfare, permanent outdoor lighting shall comply with the following: 1. All outdoor freestanding lighting facilities shall be limited to a maximum of 25 feet in height. This height limitation shall also be applicable to streetlights located within private and public rights-of-way. However, any lighting from a non-residential use, excluding rights-of-way, and located within 50 feet of a residential property line shall be limited to 15 feet in height. 2. All off-street parking, loading, and other vehicular use areas shall utilize lighting fixtures that are fully shielded and directs lighting downward. This includes the top-level/roof areas of parking garages. 3. All lighting fixtures shall be fully shielded when affixed to walls of non-residential uses, multi-family buildings, and related accessory structures. Any mounted to soffits for these uses shall be recessed into the soffit or otherwise fully shielded. 4. Lighting shall not be aimed onto adjacent properties without consent, except in cases of shared parking, shared pedestrian pathways, coordinated development sites spanning multiple parcels, or to otherwise comply with LDC section 6.06.03. 5. Lighting used for outdoor athletic fields, courts, or tracks shall be shielded to the maximum extent possible to reduce glare, safety hazards, light trespass, and light pollution. These lights shall be extinguished within one hour at the end of active use. 6. For pedestrian pathway lighting, if bollard-type lighting facilities are used, they shall be fully shielded and painted dark colors, such as black, dark gray, dark brown, or dark earth tones. 7. Pedestrian walkway lighting shall use shatterproof lamp coverings. (Ord. No. 05-27, § 3.Y; Ord. No. 25-55, § 3.C) 4.08.06 SSA Designation Lands within the RLSA District may be designated as SSAs subject to the following regulations: A. Lands Within the RLSA District that can be Designated as SSAs. Any privately held land within the RLSA District delineated on the RLSA Overlay Map as FSA, HSA, WRA, Restoration Area, or Open, may be designated as an SSA, including lands within the ACSC. 1. May be within an SRA Boundary. A WRA, whether designated as an SSA or not, may be contiguous to or surrounded by an SRA. Should a WRA be used to provide water retention for an SRA, the provisions of LDC section 4.08.06 A.4.b. shall apply. SITE DESIGN AND DEVELOPMENT STANDARDS 4.08.05 M.10.4.08.06 A.1.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC4:143Supp. No. 32 2. FSA Delineated Lands. a. In the case where lands delineated as FSA are designated as an SSA, at a minimum, Residential uses, General conditional uses, Earth Mining and Processing Uses, and Recreational Uses (layers 1—4) as listed in the Land Use Matrix shall be eliminated as permitted land uses. b. Conditional use essential services and governmental essential services, other than those necessary to serve permitted uses or for public safety as described in LDC section 2.01.03 G.2., shall only be allowed in FSAs with a Natural Resource Stewardship Index value of 1.2 or less. c. Directional-drilling techniques and/or previously cleared or disturbed areas shall be utilized for oil and gas exploration and oil and gas field development, and production activities in FSAs in order to minimize impacts to native habitats when determined to be practicable. This requirement shall be deemed satisfied upon issuance of a state permit requiring compliance with the criteria established in Chapters 62C-25 through 62C-30, F.A.C., as those rules existed on June 16, 2005, regardless of whether the activity occurs within the Big Cypress Swamp as defined in section 377.42, F.S. All applicable Collier County environmental permitting requirements shall be considered satisfied by evidence of the issuance of all applicable federal and/or state permits for proposed oil and gas activities in Collier County, so long as the state permits comply with the requirements of Chapters 62C-25 through 62C-30, FAC. For those areas of Collier County outside the boundary of the Big Cypress Watershed, the applicant shall be responsible for convening the Big Cypress Swamp Advisory Committee as set forth in Section 377.42, F.S., to assure compliance with the Florida Statutes and Florida Administrative Code even if outside the defined Big Cypress Watershed. All oil and gas access roads shall be constructed and protect from unauthorized uses according to the standards established in Rule 62C-30.005(2)(a)1 through 12, FAC. Nothing contained herein alters the requirement to obtain conditional use permits for oil and gas field development and production activities. Directional-drilling techniques and/or previously cleared or disturbed areas shall be utilized for oil and gas exploration and oil and gas field development and production activities in FSAs in order to minimize impacts to native habitats when determined to be practicable. This requirement shall be deemed satisfied upon issuance of a state permit requiring compliance with the criteria established in the Florida Statutes and Florida Administra- tive Code, as those rules existed on January 14, 2005, regardless of whether the FSA in which oil and gas exploration and oil and gas field development and production activities is within the Big Cypress Swamp as defined in section 377.42, F.S. For those areas of Collier County outside the boundary of the Big Cypress Swamp Advisory Committee as set forth in Section 377.42, F.S., to assure compliance with the Florida Statutes and Florida Administrative Code, F.A.C. even if outside the defined Big Cypress Watershed. Nothing contained herein alters the requirement to obtain conditional use permits for oil and gas field development and production activities. d. The elimination of the Earth Mining layer (Layer 3) shall not preclude the excavation of lakes or other water bodies if such use is an integral part of a restoration or mitigation program within an FSA. COLLIER COUNTY LAND DEVELOPMENT CODE 4.08.06 A.2.4.08.06 A.2.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC4:144Supp. No. 32 e. Once land in an FSA is designated as an SSA, no expansion of Agriculture Group 1 (Layer 5) or Agriculture Group 2 (Layer 7) and no conversion of Agriculture Group 2 to Agriculture Group 1 shall be allowed beyond those land uses in existence or allowed by applicable permits as of the date that the SSA designation is approved other than incidental clearing as set forth in f. below. f. Incidental clearing is permitted, provided that the Ag 1 Land Use Layer has been retained on the areas to be incidentally cleared and the Natural Resource Index Value score has been adjusted to reflect the proposed change in land cover. In the event said incidental clearing impacts lands having a Natural Resource Index Value in excess of 1.2, appropriate mitigation shall be provided. 3. HSA Delineated Lands. a. In the case where lands delineated as HSA are designated as an SSA, at a minimum, Residential Land Uses (Layer 1), as listed in the Matrix, shall be eliminated. b. General conditional uses, Earth Mining and Processing Uses, and Recreational Uses shall be allowed only on HSA lands with a Natural Resource Stewardship Index value of 1.2 or less. c. In addition to the requirements imposed in the LDC for approval of a conditional use, uses listed in b. above will only be approved upon submittal of Environmental Data which demonstrates that clearing of native vegetation has been minimized, the use will not significantly and adversely impact listed species and their habitats and the use will not significantly and adversely impact aquifers. This demonstration shall be made by establishing the following: i. Clearing of native vegetation shall not exceed 15% of the native vegetation on the parcel. ii. Priority shall be given to utilizing contiguous areas of previously cleared land before native vegetated areas. iii. Buffering to Conservation Land shall comply with LDC section 4.08.07 I.5.d.ii. iv. Stormwater Management design shall base water control elevations on seasonal high water elevations of adjacent wetlands to protect wetland hydroperiods in accord with the SFWMD Basis of Review. v. The area has a Listed Species Habitat Indices Value of 0.4 or less and no state or federal direct impact take permit is required for the use. vi. Activities that are the subject of an approved SFWMD Environmental Resource Permit or Consumptive Use Permit and that utilize best manage- ment practices designed to protect groundwater from contamination from allowable land uses are deemed not to significantly and adversely impact aquifers. SITE DESIGN AND DEVELOPMENT STANDARDS 4.08.06 A.2.4.08.06 A.3.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC4:145Supp. No. 32 d. As an alternative to the submittal of the Environmental Data required in LDC section 4.08.06 A.3.c., the applicant may demonstrate that such use is an integral part of a State or Federally approved restoration plan or mitigation program. e. Conditional use essential services and governmental essential services, other than those necessary to serve permitted uses or for public as described in LDC section 2.01.03 G.2. shall only be allowed in HSAs with a Natural Resource Stewardship Index value of 1.2 or less. f. Asphaltic and concrete batch making plants are prohibited in all HSAs. g. Directional-drilling techniques and/or previously cleared or disturbed areas shall be utilized for oil and gas exploration and oil and gas field development, and production activities in HSAs in order to minimize impacts to native habitats when determined to be practicable. This requirement shall be deemed satisfied upon issuance of a state permit requiring compliance with the criteria established in Chapters 62C-25 through 62C-30, F.A.C., as those rules existed on June 16, 2005, regardless of whether the activity occurs within the Big Cypress Swamp as defined in section 377.42, F.S. All applicable Collier County environmental permitting requirements shall be considered satisfied by evidence of the issuance of all applicable federal and/or state oil and gas permits for proposed oil and gas activities in Collier County, so long as the state permits comply with the requirements of Chapters 62C-25 through 62C-30, FAC. For those areas of Collier County outside the boundary of the Big Cypress Watershed, the applicant shall be responsible for convening the Big Cypress Swamp Advisory Committee as set forth in Section 377.42, F.S., to assure compliance with Chapters 62C-25 through 62C-30, F.A.C. even if outside the defined Big Cypress Watershed. All oil and gas access roads shall be constructed and protected from unauthorized uses according to the standards established in Rule 62C-30.005(2)(a)1 through 12, FAC. Nothing contained herein alters the requirement to obtain conditional use permits for oil and gas field development and production activities. h. Golf Course design, construction, and operation in any HSA shall comply with the best management practices of Audubon Cooperative Sanctuary Program for Golf and the Florida DEP. i. Once land in an HSA is designated as an SSA, no expansion of Agriculture Group 1 (Layer 5) or Agriculture Group 2 (Layer 7) and no conversion of Agriculture Group 2 to Agriculture Group 1 shall be allowed beyond those land uses in existence or allowed by applicable permits as of the date that the SSA designation is approved other than incidental clearing as set forth in j. below. j. Incidental clearing is permitted, provided that the Ag 1 Land Use Layer has been retained on the areas to be incidentally cleared and the Natural Resource Index Value score has been adjusted to reflect the proposed change in land cover. In the event said incidental clearing impacts lands having a Natural Resource Index Value in excess of 1.2, appropriate mitigation shall be provided. 4. WRA Delineated Lands. a. In the case where lands delineated as WRA are designated as an SSA, at a minimum, Residential Land Uses (Layer 1), as listed in the Matrix, shall be eliminated as permitted land uses. COLLIER COUNTY LAND DEVELOPMENT CODE 4.08.06 A.3.4.08.06 A.4.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC4:146Supp. No. 32 b. During permitting to serve new uses within an SRA, additions and modifications to WRAs may be required, including but not limited to changes to control elevations, discharge rates, storm water pre-treatment, grading, excavation or fill. Such additions and modifications shall be allowed subject to review and approval by the SFWMD in accordance with best management practices. Such additions and modifications to WRAs shall be designed to ensure that there is no net loss of habitat function within the WRAs unless there is compensating mitigation or restoration in other areas of the RLSA District that will provide comparable habitat function. Compensating mitigation or restoration for an impact to a WRA contiguous to the Camp Keais Strand or Okaloacoochee Slough shall be provided within or contiguous to that Strand or Slough. 5. Restoration Zone Delineated Lands. To further direct other uses away from and to provide additional incentive for the protection, enhancement, and restoration of the Okaloacoochee Slough and Camp Keais Strand, when lands within a Restoration Zone are designated as an SSA and at least Land Use Layers 1 through 4 are eliminated as permitted uses, such Restoration Zone shall receive a Stewardship Overlay Designation value of 0.6. B. SSA Credit Generation - Stewardship Credit System. Stewardship Credits (Credits) are created from any lands within the RLSA District from which one or more Land Use Layers are eliminated and that are designated as SSAs. Once land is designated as an SSA and Credits or other compensation consistent with Policy 3.8 of the RLSA Overlay is granted to the owner, no increase in density or additional uses not expressly identified in the Stewardship Agreement shall be allowed on such property. A methodology has been adopted in the GMP for the calculation of credits based upon: 1) the Natural Resource Index Value of the land being designated as an SSA, and 2) the number of land use layers being eliminated. 1. Early Entry bonus credits. Early Entry bonus credits were established to encourage the voluntary designation of SSAs within the RLSA District. The bonus was in the form of an additional one Stewardship Credit per acre of land designated as an SSA that is within an HSA located outside of the ACSC and one-half Stewardship Credit per acre of land designated as an SSA that is within an HSA located inside the ACSC. a. The early entry bonus was available until January 30, 2009. b. Credits generated under the early entry bonus may be used after the termination of the bonus period. c. Early Entry bonus credits shall not be transferred into or otherwise used to entitle an SRA within the ACSC. 2. Agricultural Stewardship Area (ASA). Open Lands are eligible for designation as Agricultural Stewardship Areas. To qualify as an ASA, all non-agriculture uses shall be eliminated from the property and the remaining uses shall be limited to agricultural Land Use Layers 5, 6 and 7 on the Land Use Matrix. In lieu of applying the Natural Resource Index, lands designated as ASAs shall be awarded two (2.0) Stewardship Credits per acre. 3. The Stewardship Credit Worksheet, adopted as Attachment "A" of the GMP RLSA Goals, Objectives, and Policies, sets out the mathematical formula that shall be used to determine the number of credits available for each acre of land being considered for an SSA. SITE DESIGN AND DEVELOPMENT STANDARDS 4.08.06 A.4.4.08.06 B.3.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC4:147Supp. No. 32 4. Natural Resource Indices and Values. A set of Natural Resource Indices has been established as part of the Stewardship Credit Worksheet. a. Natural Resource Indices. Stewardship Overlay Designation Proximity Indices Listed Species Habitat Indices Soils/Surface Water Indices Restoration Potential Indices Land Use - Land Cover Indices b. Index Values. During the RLSA Study, based upon data and analysis, each acre within the RLSA District was assigned a value for each Index except for the Restoration Potential Index. The Restoration Potential Index is assigned during the SSA designation process if appropriate, and credit adjustments are made at that time. c. Restoration Areas Index Score Upgrade. An index score upgrade is hereby established as an incentive for the protection, enhancement and restoration of the Okaloacoochee Slough and Camp Keais Strand. All lands within 500 feet of the delineated FSAs as shown on the RLSA Overlay Map that comprise the Slough or Strand that are not otherwise included in an HSA or WRA shall receive the same natural index score (0.6) that an HSA receives, if such property is designated as an SSA and retains only agricultural and/or conservation, restoration, and natural resource layers of land use (Layers 5—8 on the Land Use Matrix). d. Index Map. A Natural Resource Index Map adopted as a part of the RLSA Overlay, indicates the Natural Resource Stewardship Index Value for all land within the RLSA District. Credits from any lands designated as SSAs, shall be based upon the Natural Resource Index values in effect at the time of designation. At the time of designation, the Natural Resource Index Assessment required in Section 4.08.06 C.3. shall document any necessary adjustments to the index values reflected on the Index Map. Any change in the characteristics of land due to alteration of the land prior to the designation of an SSA that either increases or decreases any Index Value shall result in a corresponding adjustment in the credit value. e. Restoration Potential Index Value. If the applicant asserts that the land being designated as an SSA has a Restoration Potential Index Value of greater than zero (0), an evaluation of the restoration potential of the land being designated shall be prepared by a qualified environmental consultant (per Chapter 3 of the LDC) on behalf of the applicant and submitted as part of the SSA Designation Application Package. In the event that restoration potential is identified, the appropriate Restoration Potential Index Value shall be determined in accord with the Credit Worksheet. The credit value of each acre to which the Restoration Potential Index Value is applied shall be recalculated by adding the Restoration Potential Index Value to that acre's total Index Value. COLLIER COUNTY LAND DEVELOPMENT CODE 4.08.06 B.4.4.08.06 B.4.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC4:148Supp. No. 32 5. Restoration Stewardship Credits. Restoration Stewardship Credits are hereby established in addition to the Restoration Potential Index Value. In certain locations there may be the opportunity for flow way or habitat restoration such as locations where flow ways have been constricted or otherwise impeded by past activities or where additional land is needed to enhance wildlife corridors. Restoration Stewardship Credits shall be applied to an SSA subject to the following regulations. Credits shall only be approved for one type of restoration per acre and in no case shall more than 10 Credits be awarded per acre. a. Panther corridor credits. As generally illustrated in the RLSA Overlay Map, there may be opportunities to create, restore, and enhance a northern panther corridor connection and a southern panther corridor connection. Should a property owner in a federally approved corridor designate the required property for such corridor, then two Stewardship Credits shall be awarded for each acre of land so designated. Should an owner also effectively complete the corridor restoration, this shall be awarded with eight additional Credits per acre of restored land upon demonstration that the restoration met applicable success criteria as determined by the federal permit agency authorizing said restoration. The awarding of the eight (8) restoration implementation credits may be phased to coincide with a phased implementation process in accordance with the federal permit. b. Wetland Wading Bird Habitat Restoration Credits. Designation of any area for seasonal wetland restoration inside an FSA, HSA, or WRA shall be awarded two (2) additional Credits per acre. The dedication shall be by conveyance or restrictive covenant. Should the landowner successfully complete the restoration, an additional eight (8) Credits per acre shall be awarded. c. Other restoration credits. i. Should a property owner designate land for restoration activities within an FSA or HSA, one (1) additional Stewardship Credit shall be awarded for each acre of land so dedicated and identified as Restoration I (R I) within each individually submitted SSA. ii. Completion of restoration. Upon completion of the restoration improvements, the owner shall be awarded additional stewardship credits identified as R2 Restoration within each individually submitted SSA, as follows: (a) Caracara restoration credits at two (2) credits per acre. (b) Exotic controlled burning at five (5) credits per acre. (c) Flow way restoration credits at five (5) credits per acre. (d) Native habitat restoration credits at seven (7) credits per acre. iii. The actual implementation of restoration improvements is not required for the owner to receive such credits referenced in LDC 4.08.06 B.5.c.i. above. iv. On lands designated "Restoration," Land Use Layers 1 through 6 must be eliminated and allowable uses shall be limited to Agriculture - Group 2 and conservation uses and all natural areas shall be maintained in their existing SITE DESIGN AND DEVELOPMENT STANDARDS 4.08.06 B.5.4.08.06 B.5.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC4:149Supp. No. 32 natural condition until such time as restoration activities occur. Upon completion of restoration, the land shall be managed in accordance with the applicable restoration permit conditions, which may impose further restriction on the allowed use of the property. v. One or more of the following eligibility criteria shall be used in evaluating an applicant's request for these additional Restoration Stewardship Credits: (a) FSA and/or HSA lands where restoration would increase the width of flow way and/or habitat corridors along the Camp Keais Strand or Okaloacoochee Slough so that, in the opinion of the applicant's environmental consultant and County environmental or natural resources staff, there will be functional enhancement of the flow way or wildlife corridor; (b) FSA and/or HSA lands where restoration would increase the width of flow way and/or habitat corridors within two miles of existing public lands so that, in the opinion of the applicant's environmental consultant and County environmental or natural resources staff, there will be a functional enhancement of the flow way or wildlife corridor; (c) Documentation of state or federal listed species utilizing the land or a contiguous parcel; (d) Lands that could be restored and managed to provide habitats for specific listed species (e.g., gopher tortoise, Big Cypress fox squirrel, red-cockaded woodpecker, etc.); or (e) Occurrence of a land parcel within foraging distance from a wading bird rookery or other listed bird species colony, where restoration and proper management could increase foraging opportunities (e.g., wood storks). 6. Land Use Layers. A set of Land Use Layers has been established as part of the Stewardship Credit Worksheet and adopted as the Land Use Matrix set forth below. Each Layer incorporates a number of the permitted or conditional uses allowed under the Baseline Standards. Each Layer listed below has an established credit value (percentage of a base credit) developed during the RLSA Study. At the time of designation application, a landowner wishing to have land designated as an SSA determines how many of the Land Use Layers are to be eliminated from the designated lands. A Land Use Layer can only be eliminated in its entirety (all associated activities/land use are eliminated), and Layers shall be eliminated sequentially and cumulatively in the order listed below: a. Land Use Layers. 1 - Residential Land Uses 2 - General conditional uses 3 - Earth Mining and Processing Uses COLLIER COUNTY LAND DEVELOPMENT CODE 4.08.06 B.5.4.08.06 B.6.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC4:150Supp. No. 32 4 - Recreational Uses 5 - Agriculture - Group 1 6 - Agriculture - Support Uses 7 - Agriculture - Group 2 8 - Conservation, Restoration and Natural Resources SITE DESIGN AND DEVELOPMENT STANDARDS 4.08.06 B.6.4.08.06 B.6.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC4:151Supp. No. 32 b. Land Use Matrix. Layer 1 Layer 2 Layer 3 Layer 4 Layer 5 Layer 6 Layer 7 Layer 8 Residential Land UsesGeneralConditional UsesEarth Mining and Processing Uses Recreational Uses Agriculture Group 1Agriculture - Support Uses Agriculture Group 2Conservation, Restora-tion and Natural Resources Single-family dwelling, incl. Mobile Home (P)Family care facilities (P) Excavation, extraction or earthmining and related processing and production (CU)Golf courses and/or golf driving ranges (CU)Crop raising; horticulture; fruit and nut production; groves; nurseries; improved pasture (P)Farm labor housing (A) Unimproved pasture and grazing, forestry (P)Wildlife management, plant and wildlife conservancies, refuges and sanctuaries (P) Mobile homes [(P) in MH Overlay; (A) as temporary use]Collection and transfer sites for resource recovery (CU)Asphaltic and concrete batch making plants (CU)Sports instructional schools and camps (CU)Animal breeding (other than livestock), rais-ing, training, stabling or kenneling (P)Retail sale of fresh, unprocessed agricultural products; grown primarily on the property (A)Ranching; livestock raising (P)Water management, groundwater recharge (P) Private boathouses and docks on lake, canal or waterway lots (A)Veterinary clinic (CU) Sporting andrecreational camps (CU)Dairying, beekeeping; poultry and egg production; milkproduction (P)Retail plant nurseries (CU)Hunting cabins (CU) Restoration, mitigation (P) Recreational facilities integral to residential development, e.g., golf course, clubhouse, community center building and tennis facilities, parks,playgrounds and play-fields (A)Child care centers and adult day care centersPackinghouse or similar agricultural processing of farm products produced on the property (A)Cultural, educational, or recreational facili-ties and their related modes of transporting participants, viewers or patrons; tour opera-tions, such as, but not limited to airboats, swamp buggies, horses and similar modes of transporta-tion (CU)Water supply, wellfields (P); oil and gas explora-tion (P) Guesthouses (A) Zoo, aquarium, aviary, botanical garden, or other similar uses (CU)The commercial production, raising or breeding or exotic animals (CU)Sawmills (CU) Excavation and related processing incidental to Ag(A)Boardwalks, nature trails (P) Churches and other places of worship (CU)Wholesale reptile breeding and raising - non-venomous (P) and venomous (CU)Natural resources not otherwise listed (P) Communications towers (P)(CU)Essential services (P and CU) Social and fraternal organizations (CU)Oil and gas field development and production (CU) COLLIER COUNTY LAND DEVELOPMENT CODE 4.08.06 B.6.4.08.06 B.6.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC4:152Supp. No. 32 Layer 1 Layer 2 Layer 3 Layer 4 Layer 5 Layer 6 Layer 7 Layer 8 Residential Land UsesGeneralConditional UsesEarth Mining and Processing Uses Recreational Uses Agriculture Group 1Agriculture - Support Uses Agriculture Group 2Conservation, Restora-tion and Natural Resources Private landing strips for general aviation (CU)Cemeteries (CU)Schools (CU)Group care facilities, ALF (CU) Uses as listed in LDC - Rural Agricultural District (P) Principal use, (A) Accessory use, (CU) Conditional use. SITE DESIGN AND DEVELOPMENT STANDARDS 4.08.06 B.6.4.08.06 B.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC4:153Supp. No. 32 c. Any development proposed in the RLSA District shall be compatible with surrounding land uses and implement appropriate lighting controls for permitted uses, including outdoor lighting that is designed to protect the nighttime environment, conserve energy, and enhance safety and security. Except for when the County Manager or designee determines otherwise to protect the health, safety, and welfare, permanent outdoor lighting shall comply with the criteria listed in LDC section 4.08.05 N. 7. Matrix Calculation. The maximum number of credits generated through designation as an SSA is established in a matrix calculation that multiplies each Natural Resource Index Value by the value of each Land Use Layer, thereby establishing a credit value for each acre in the RLSA Overlay, weighted by the quality of its natural resources. As Land Use Layers are eliminated, the sum of the percentages of those Layers eliminated is multiplied by the Natural Resource Index Values to determine the Stewardship Credits to be generated by each acre being designated as an SSA. C. SSA Designation Application Package. A request to designate land(s) within the RLSA District as an SSA shall be made pursuant to the regulations of this Section. An SSA Application Package shall include the following: 1. SSA Designation Application. A landowner or his/her agent, hereafter "applicant," shall submit a request for the designation of SSA for lands within the RLS District to the County Manager or designee, on an approved application form. The application shall be accompanied by the documentation as required by this Section. 2. Application Fee. An application fee shall accompany the application. 3. Natural Resource Index Assessment. The applicant shall prepare and submit as part of the SSA Designation Application a report entitled Natural Resource Index Assessment that documents the Natural Resource Index Value scores. The Assessment shall include a summary analysis that quantifies the number of acres by Index Values, the level of conservation being proposed, and the resulting number of Credits being generated. The Assessment shall: a. Verify that the Index Value scores assigned during the RLSA Study are still valid through recent aerial photography or satellite imagery, agency-approved mapping, or other documentation, as verified by field inspections; b. If this Assessment establishes that the Index Value scores assigned during the RLSA Study are no longer valid, document the Index Value of the land as of the date of the SSA Designation Application; c. Establish the suggested "Restoration Potential" Index Value for any acres as appropriate and provide evidence/documentation supporting the suggested Index Value; d. Quantify the acreage of agricultural lands, by type, being preserved; e. Quantify the acreage of non-agricultural acreage, by type, being preserved; f. Quantify the acreage of all lands by type within the proposed SSA that have an Index Value greater than 1.2; and COLLIER COUNTY LAND DEVELOPMENT CODE 4.08.06 B.4.08.06 C.3.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC4:154Supp. No. 32 g. Quantify all lands, by type, being designated as SSA within the ACSC, if any. 4. Support Documentation. In addition, the following support documentation shall be provided for each SSA being designated: a. Legal description, including sketch or survey; b. Acreage calculations, e.g., acres of FSAs, HSAs, and WRAs, etc., being put into the SSA; c. RLSA Overlay Map delineating the area of the RLSA District being designated as an SSA; d. Aerial photograph(s) having a scale of one (1) inch equal to at least 200 feet when available from the County, otherwise, a scale of at least one (1) inch equal to 400 feet is acceptable, delineating the area being designated as an SSA; e. Natural Resource Index Map of area being designated as an SSA; f. FDOT Florida Land Use Cover and Forms Classification System (FLUCFCS) map(s) delineating the area being designated as an SSA on an aerial photograph having a scale of one (1) inch equal to at least 200 feet when available from the County, otherwise, a scale of at least one (1) inch equal to 400 feet is acceptable; g. Listed species occurrence map(s) from United States Fish and Wildlife Service, Florida Fish and Wildlife Conservation Commission (FFWCC), and Florida Natural Areas Inventory, delineating the area being designated as an SSA; h. United States Department of Agriculture-Natural Resources Conservation Service (USDA-NRCS) Soils map(s) delineating the area being designated as an SSA; i. Documentation to support a change in the related Natural Resource Index Value(s), if appropriate; and j. Calculations that quantify the number of acres by Index Values, the level of conservation being offered, and the resulting number of credits being generated. 5. SSA Credit Agreement. Any landowner petitioning to have all or a portion of land owned within the RLSA District designated as an SSA and who is to obtain SSA credits for the land so designated shall enter into a SSA Credit Agreement with the County. SSA Credit Agreements entered into by and between a landowner and the County shall contain the following: a. The number of acres, and a legal description of all lands subject to the SSA Credit Agreement; b. A map or plan (drawn at a scale of 1"= 500') of the land subject to the agreement which depicts any lands designated FSAs, HSAs, or WRAs and the acreage of lands so designated; c. A narrative description of all land uses, including conditional uses, if any, that shall be eliminated from the land upon approval of the SSA Credit Agreement; SITE DESIGN AND DEVELOPMENT STANDARDS 4.08.06 C.3.4.08.06 C.5.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC4:155Supp. No. 32 d. Calculations that support the total number of SSA credits that result from the Natural Resource Index Assessment; e. A copy of the Stewardship easement, (or deed if a fee simple transfer is proposed) applicable to the land, which shall be granted in perpetuity and shall be recorded by the County upon approval of the SSA Credit Agreement; f. Land management measures; g. Provisions requiring that, upon designation of land as an SSA, the owner shall not seek or request, and the County shall not grant or approve, any increase in density or any additional uses beyond those specified in the SSA Credit Agreement on the land; h. Provisions requiring that, upon designation of land within either an FSA or an HSA as an SSA, the owner shall not thereafter seek or request, and the County shall not thereafter grant or approve any expansion or conversion of agricultural land uses in violation of sections 4.08.06 A.2 and A.3.; i. Provisions regarding and ensuring the enforceability of the SSA Credit Agreement; and j. If applicable, the number of credits to be granted for restoration (Restoration Credits), together with the following information: i. A legal description of lands to be designated for restoration; ii. A map depicting the land being designated as SSA, with the lands to be dedicated for restoration, but which the applicant makes no commitment to undertake restoration, identified as Restoration I (R I); and the lands dedicated for restoration and for which the applicant has committed to carry out the restoration identified as Restoration II (R II); iii. The number of Restoration Credits to be granted for the lands designated R I and R II; iv. A Restoration Analysis and Report, which shall include a written evaluation of the restoration area's existing ecological/habitat value and the necessary restoration efforts required to reestablish original conditions; enhance the functionality of wetlands or wildlife habitat; or remove exotics so as to enhance the continued viability of native vegetation and wetlands; and v. When the restoration is to be undertaken by the applicant, a Restoration Plan that addresses, at a minimum, the following elements: (a) Restoration goals or species potentially affected; (b) Description of the work to be performed; (c) Identification of the entity responsible for performing the work; (d) Work schedule; COLLIER COUNTY LAND DEVELOPMENT CODE 4.08.06 C.5.4.08.06 C.5.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC4:156Supp. No. 32 (e) Success criteria; and (f) Annual management, maintenance and monitoring. 6. Public Hearing for Credit Agreement. The SSA Credit Agreement shall be approved by a resolution of the BCC at an advertised public meeting by majority vote. 7. Recording of SSA Memorandum. Following approval by the County, an SSA Memorandum shall be prepared and recorded in the public records, together with the following portions or exhibits of the SSA Credit Agreement as attachments: a. The legal description of the lands subject to the SSA Credit Agreement and the number of SSA Credits assigned to the land designated as SSA, including lands designated for restoration, if any, and the Restoration Credits assigned to such land; b. The Stewardship Easement Agreement on the SSA lands, describing the land uses remaining on the land; c. A summary of the Restoration Plan, if restoration is to be undertaken by the applicant, to include the elements set forth in Section 4.08.06 C.5. 8. Conditional Stewardship Easement Agreement. a. The applicant shall prepare and submit a Conditional Stewardship Easement Agreement with the SSA application in all cases except when the property is being deeded in fee simple to a conservation land trust accredited by the Land Trust Accreditation Commission. b. Upon the initial approval of an SSA, a Conditional Stewardship Easement shall be established for a term of five years (hereinafter referred to as "Conditional Period"). All conditions and restrictions related to maintaining the existing property conditions, including all management obligations of the owner of the SSA lands, shall be full force during the Conditional Period. c. The Conditional Stewardship Easement Agreement shall impose a restrictive covenant or grant a perpetual restrictive easement that shall be recorded for each SSA. The Conditional Stewardship Easement shall run with the land and be in favor of Collier County and FFWCC and include one or more of the following: Florida DEP, Florida Department of Agriculture and Consumer Services, SFWMD, or a land trust accredited by the Land Trust Accreditation Commission. d. The Conditional Stewardship Easement Agreement shall identify the specific land management measures that will be undertaken and the party responsible for such measures. e. In the event that the land being designated as an SSA is being transferred to a conservation entity by fee simple title, a deed shall be submitted in lieu of the Conditional Stewardship Easement Agreement. f. Termination of the Conditional Stewardship Easement shall be done in compliance with LDC section 4.08.06 F. SITE DESIGN AND DEVELOPMENT STANDARDS 4.08.06 C.5.4.08.06 C.8.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC4:157Supp. No. 32 D. SSA Application Review Process. 1. Pre-application Conference with County Staff. Prior to the submission of a formal application for SSA designation, the applicant shall attend a pre-application conference with the County Manager or designee and other county staff, agencies, and officials involved in the review and processing of such applications and related materials. If an SRA designation application is to be filed concurrent with an SSA application, only one pre-application conference shall be required. This pre-application conference should address, but not be limited to, such matters as: a. Conformity of the proposed SSA with the goals, objectives, and policies of the GMP; b. Review of the Stewardship Credit Worksheet and Natural Resource Index Assess- ment for the property; c. Identification of the recognized entity to be named in the covenant or perpetual restrictive easement, and; d. Identification of the proposed land management measures that will be undertaken and the party responsible for such measures. 2. Application Package Submittal and Processing Fees. The required number of copies of each SSA Application and the associated processing fee shall be submitted to the County Manager or designee. The contents of said application package shall be in accordance with Section 4.08.06 C. 3. Application Deemed Sufficient for Review. Within fifteen (15) working days of receipt of the SSA Application, the County Manager or designee shall advise the applicant in writing that the application is complete and sufficient for agency review or advise what additional information is needed to find the application sufficient. If required, the applicant shall submit additional information. Within ten (10) working days of receipt of the additional information, the County Manager or designee shall advise the applicant in writing that the application is complete, or, if additional or revised information is required, the County Manager shall again inform the applicant what information is needed, and the timeframe outlined herein shall occur until the application is found sufficient for review. 4. Review by County Reviewing Agencies. Once the SSA application is deemed sufficient, the County Manager or designee will distribute it to specific County staff for their review. 5. Designation Review. Within sixty (60) days of receipt of a sufficient application, county staff shall review the submittal documents and provide written comments, questions, and clarification items to the applicant. If deemed necessary by county staff or the applicant, a meeting shall be held to resolve outstanding issues and confirm public hearing dates. 6. Designation Report. Within ninety (90) days from the receipt of a sufficient application, county staff shall prepare a written report containing their review findings and a recommendation of approval, approval with conditions or denial. This timeframe may be extended upon written agreement by the applicant. COLLIER COUNTY LAND DEVELOPMENT CODE 4.08.06 D.4.08.06 D.6.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC4:158Supp. No. 32 E. SSA Application Approval Process. 1. Public Hearing. The BCC shall hold an advertised public hearing on the proposed resolution approving an SSA Application and SSA Credit Agreement. Notice of the Board's intention to consider the Application and proposed SSA Credit Agreement shall be given at least fifteen (15) days prior to said hearing by legal advertisement in the County. A copy of such notice shall be kept available for public inspection during regular business hours of the Office of Clerk to the BCC. The notice of proposed hearing shall state the date, time and place of the meeting, the title of the proposed resolution, and the place or places within the County where the proposed resolution and agreement may be inspected by the public. The notice shall provide a general description and a map or sketch of the affected land and shall advise that interested parties may appear at the meeting and be heard with respect to the proposed resolution. The BCC shall review the staff report and recommendations and, if it finds that all requirements for designation have been met, shall, by resolution, approve the application. If it finds that one or more of the requirements for designation have not been met, it shall either deny the application or approve it with conditions mandating compliance with all unmet requirements. Approval of such resolution shall require a majority vote by the BCC. 2. Legal Description. Following the BCC's approval of the SSA Application and SSA Credit Agreement, a legal description of the land designated SSA, the SSA credits granted, and the Stewardship easement applicable to such lands, shall be provided to the Collier County Property Appraiser and the applicant, and shall be recorded within thirty (30) days by the applicant in the public records. 3. Update the RLSA Overlay Map and Official Zoning Atlas. The Official Zoning Atlas shall be updated to reflect the designation of the SSA. Sufficient information shall be included on the updated zoning maps so as to direct interested parties to the appropriate public records associated with the designation, including but not limited to Resolution number and SSA Designation Application number. The RLSA Overlay Map shall be updated to reflect the SSA designation during a regular growth management cycle no later that twelve months from the effective date of the Stewardship Credit Agreement. F. Permanent Stewardship Easement and extensions and terminations of Conditional Stewardship Easement Agreements. 1. Permanent Stewardship Easement. The Conditional Stewardship Easement shall become permanent and be recorded in the Official Land Records if any of the following occurs: a. The Stewardship Credits from the SSA have been assigned to entitle an approved SRA and such SRA has received all necessary, final, and non-appealable develop- ment orders, permits, or other discretionary approvals, which are necessary to commence construction, including Final Subdivision Plat and/or Site Development Plan approval but excluding building permits. If Stewardship Credits from the SSA have been assigned to more than one SRA, then the receipt of all necessary governmental final and non-appealable development orders, permits, or other discretionary approvals necessary to commence construction of any SRA shall automatically cause the Stewardship Easement to become permanent. b. The owner of the SSA lands sells or transfers Stewardship Credits to another person, entity, or Stewardship Credit Trust, and such owner receives the Stewardship Credits SITE DESIGN AND DEVELOPMENT STANDARDS 4.08.06 E.4.08.06 F.1.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC4:159Supp. No. 32 from the sale or transfer of the credits with or without consideration due from the sale or transfer of Conditional Stewardship Credits. However, this expressly excludes the following: i. A sale or transfer of the Stewardship Credits ancillary to the sale or transfer of the underlying fee title to the SSA lands. ii. An instance when a landowner establishes an SSA for a specific SRA, whether the SRA is owned or developed by a separate or related entity, and the Stewardship Credits are transferred to entitle the SRA as required by GMP, LDC, or SRA approval. c. The owner of the SSA lands receives other compensation from local, state, federal, or private revenues, in exchange for the preservation of the SSA lands. d. The owner does not record a Notice of Termination in accordance with LDC section 4.08.06 F.3. within 180 days of the expiration date as extended in the Conditional Easement Agreement. 2. Extension of Conditional Period. a. The owner may extend the Conditional Period for one additional year, by providing written notice to the County Manager or designee prior to the expiration of the Conditional Period and before the Conditional Easement becomes permanent in accordance with LDC section 4.08.06 F.1. b. If a challenge and/or appeal of a necessary development order, permit, or other discretionary approval is filed, and the challenge or appeal is not resolved such that the construction may commence under terms acceptable to the owner of the SSA lands, the owner of the SSA lands may record a Notice of Termination within 180 days of the final disposition of the challenge or appeal. 3. Termination of Conditional Stewardship Easement Agreements. a. The owner of SSA lands may terminate the Stewardship Easement by recording a Notice of Termination within 180 days before the last day of the Conditional Period and before the Conditional Stewardship Easement becomes a Permanent Steward- ship Easement in accordance with LDC section 4.08.06 F. b. In the event that the Stewardship Credits from an SSA have been used to obtain one or more SRA approvals, but none of the events in LDC section 4.08.06 F.1. has occurred during the Conditional Period, then the Notice of Termination shall also provide for termination of any SRAs that have been assigned credits from the SSA, unless the SRA owner has obtained sufficient Stewardship Credits from another source and such Stewardship Credits have been applied to the SRA. In the event that a Notice of Termination does terminate an SRA, the owner of the SRA lands shall join in the Notice of Termination. c. Upon the recording of such Notice of Termination, the Stewardship Easement and corresponding Stewardship Credit Agreement shall expire and terminate, the Steward- ship Credits generated by the SSA shall cease to exist, the rights and obligations set COLLIER COUNTY LAND DEVELOPMENT CODE 4.08.06 F.1.4.08.06 F.3.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC4:160Supp. No. 32 forth in the Stewardship Easement shall no longer constitute an encumbrance on the property, and the SSA Memorandum shall be revised accordingly. The owner of the SSA lands shall provide a copy of the Notice of Termination to the County. d. Once a Stewardship Easement is terminated, all benefits, rights, privileges, restric- tions, and obligations associated with the SSA shall be null and void, and the land shall be governed by it underlying classification, free and clear of any encumbrance from the Stewardship Easement and SSA Credit Agreement. e. If requested by the owner of the SSA lands, Collier County and the other grantees under the Stewardship Easement shall provide a written release and termination of easement and credit agreements for recording in the public records within 15 days of request from the owner of the SSA lands. f. Collier County shall update the Official Zoning Atlas Map to reflect the termination of any SSA or SRA. G. SSA Amendments. Collier County shall consider an amendment to an approved SSA in the same manner described in this Section for the designation of an SSA. Amendment(s) to approved SSAs shall only be considered if the application eliminates one or more additional Land Use Layers from the existing SSA. Under no circumstances shall Land Use Layers, once eliminated as part of an SSA designation, be added back to the SSA. The application to amend the SSA may be submitted as part of an application to designate a new SSA provided such lands are contiguous to the previously approved SSA and are under the same ownership. (Ord. No. 05-27, § 3.Z; Ord. No. 24-05, § 3.M; Ord. No. 25-51, § 3.E; Ord. No. 25-55, § 3.D) 4.08.07 SRA Designation SRA designation is intended to encourage and facilitate uses that enable economic prosperity and diversification of the economic base of the RLSA District, and encourage development that utilizes creative land use planning techniques and facilitates a compact form of development to accommodate population growth by the establishment of SRAs. Stewardship Credits generated from SSAs are exchanged for additional residential or non-residential entitlements in an SRA on a per acre basis as set forth herein. Density and intensity within the RLSA District shall not be increased beyond the Baseline Standards except through the provisions of the Stewardship Credit System, the affordable housing density Bonus as referenced in the density Rating System of the FLUE, and the density and intensity blending provision of the Immokalee Area Master Plan. The procedures for the establishment and transfer of Credits and SRA designation are set forth herein. Credits can be transferred only to lands within the RLSA District that meet the defined suitability criteria and standards set forth herein. Land becomes designated as an SRA on the date that the SRA Credit Agreement becomes effective pursuant to Section 4.08.07 D.12. Any change in the residential density or non-residential intensity of land use on a parcel of land located within an SRA shall be specified in the resolution, which shall reflect the total number of transferable Credits assigned to the parcel of land. A. Lands Within the RLSA District that can be Designated as SRAs. All privately owned lands within the RLSA District that meet the suitability criteria contained herein may be designated as SRA, except lands delineated on the RLSA Overlay Map as FSA, HSA, or WRA, or lands already designated as an SSA. WRAs may be located within the boundaries of an SRA and may be incorporated into an SRA Master Plan to provide water management functions for properties within such SRA, subject to all SITE DESIGN AND DEVELOPMENT STANDARDS 4.08.06 F.3.4.08.07 A.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC4:161Supp. No. 32 necessary permitting requirements. If all or part of the WRA provides stormwater quality treatment for an SRA, the pro rata acreage of the WRA shall be required to consume SRA credits and shall be included within the SRA acreage. 1. Suitability Criteria. The following suitability criteria are established to ensure consistency with the Goals, Objectives, and Policies of the RLSA Overlay. a. An SRA must contain sufficient suitable land to accommodate the planned develop- ment. Any development proposed in the RLSA District shall be compatible with surrounding land uses and implement appropriate lighting controls for permitted uses, including outdoor lighting that is designed to protect and preserve the nighttime environment by minimizing light pollution and glare while reducing energy consump- tion and upholding safety and security. Except for when the County Manager or designee determines otherwise to protect the health, safety, and welfare, permanent outdoor lighting shall comply with the criteria listed in LDC section 4.08.05 N. b. Residential, commercial, manufacturing/light industrial, group housing, and transient housing, institutional, civic and community service uses within an SRA shall not be sited on lands that receive a Natural Resource Index value of greater than 1.2. c. Conditional use essential services and governmental essential services, with the exception of those necessary to serve permitted uses and for public safety, as described in LDC section 2.01.03 G.2., shall not be sited on land that receives a Natural Resource Index value of greater than 1.2, regardless of the size of the land or parcel. d. Lands or parcels that are greater than one acre and have an Index Value greater than 1.2 shall be retained as open space and maintained in a predominantly natural vegetated state. e. Open space shall also comprise a minimum of thirty-five percent of the gross acreage of an individual SRA Town or Village. Gross acreage includes only that area of development within the SRA that requires the consumption of Stewardship Credits. f. An SRA may be contiguous to an FSA or HSA, but shall not encroach into such areas, and shall buffer such areas as described in Section 4.08.07 I.5. An SRA may be contiguous to, or encompass a WRA. However, if all or part of the WRA provides stormwater quality treatment for an SRA, the pro rata acreage of the WRA that is used to meet the water quality treatment water volume shall be required to consume SRA credits and shall be included within the SRA acreage. g. The SRA must have either direct access to a County collector or arterial road or indirect access via a road provided by the developer that has adequate capacity to accommodate the proposed development in accordance with accepted transportation planning standards. 2. SRAs Within the ACSC. SRAs are permitted within the ACSC subject to limitations on the number, size, location, and form of SRA described herein. Nothing within this Section shall be construed as an exemption of an SRA from any and all limitations and regulations applicable to lands within the ACSC. Lands within the ACSC that meet all SRA suitability criteria shall COLLIER COUNTY LAND DEVELOPMENT CODE 4.08.07 A.4.08.07 A.2.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC4:162Supp. No. 32 also be restricted such that credits used to entitle an SRA in the ACSC must be generated exclusively from SSAs within the ACSC. No early entry bonus credits generated prior to the termination of the bonus period can be used to entitle an SRA within the ACSC. a. The only form of SRAs allowed in the ACSC east of the Okaloacoochee Slough shall be CRDs of 100 acres or less, and the only form of SRAs allowed in the ACSC west of the Okaloacoochee Slough shall be CRDs and Villages of not more than 300 acres. The total acreage of SRA development within the ACSC shall be 1,000 acres, exclusive of any lakes created prior to June 30, 2002, and which were the result of mining operations. The SRA development within the ACSC must have frontage on State Road 29 and have been predominantly cleared as a result of Ag Group I (Layer 5) or Earth Mining or Processing Uses (Layer 3) activities. b. The Town form of an SRA shall not be located within the ACSC. B. Establishment and Transfer of Stewardship Credits. The procedures for the establishment and transfer of Credits and SRA designation are set forth herein. Stewardship Credits will be exchanged for additional residential or non-residential entitlements in an SRA on a per acre basis, as described in Section 4.08.07 B.2. Stewardship density and intensity will thereafter differ from the Baseline Standards. 1. Transfer of Credits. The transfer or use of Stewardship Credits shall only be in a manner as provided for herein. a. Stewardship Credits generated from any SSA may be transferred to entitle any SRA, except where the SRA is within the ACSC, in which case only Stewardship Credits that have been generated from an SSA within the ACSC can be used to entitle such SRA. No early entry bonus credits generated prior to the termination of the bonus period can be used to entitle an SRA within the ACSC. b. Credits can be transferred only to lands within the RLSA District that meet the defined suitability criteria and standards set forth herein. c. Stewardship Credits may be transferred between different parcels or within a single parcel, subject to compliance with all applicable provisions of these policies. Residential clustering shall only occur within the RLSA District through the use of the Stewardship Credit System, and other forms of residential clustering shall not be permitted. d. Stewardship Credits may be acquired from any credit holder and transferred to an SRA subject to the limitations contained in this Section. e. Stewardship Credits may be acquired from a Stewardship Credit Trust established pursuant to Section 4.08.04 B., and transferred to an SRA subject to the limitations contained in this Section. 2. Stewardship Credit Exchange. Stewardship Credits shall be exchanged for additional residential or non-residential entitlements in an SRA on a per acre basis at a rate of eight (8) Stewardship Credits per gross acre where credits were created for an SSA submitted for review or approved prior to July 13, 2021, and a rate of ten (10) Stewardship Credits per gross SITE DESIGN AND DEVELOPMENT STANDARDS 4.08.07 A.2.4.08.07 B.2.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC4:163Supp. No. 32 acre for SSA/Credits where such Credits were created from any other SSA. Lands within an SRA greater than one acre, with Index Values of greater than 1.2, shall be retained as open space and maintained in a predominantly natural, vegetated state. 3. Public Benefit Uses. The acreage within an SRA devoted to a public benefit use shall not be required to consume Stewardship Credits but shall count toward the maximum acreage limits of an SRA unless such public benefit uses were approved as part of an SRA approved prior to July 13, 2021, in which case such public benefit uses shall continue to be excluded from the maximum acreage limitation pursuant to the policy in effect at the time of approval. For the purpose of this Section, public benefit uses are limited to the following: affordable housing, public schools (preK-12), public or private post-secondary institutions and ancillary uses, community parks exceeding the minimum requirement, municipal golf courses, regional parks, and governmental facilities. 4. Mixed Land Use Entitlements. In order to promote compact, mixed use development and provide the necessary support facilities and services to residents of rural areas, the SRA designation and the transfer of the Stewardship Credits allows for a full range of uses, accessory uses and associated uses that provide a mix of services to and are supportive to the residential population of an SRA and the RLSA District. SRAs are intended to be mixed use and shall be allowed the full range of uses permitted by the Urban Designation of the FLUE, as modified by Policies 4.7, 4.7.1, 4.7.2, 4.7.3, 4.7.4 and RLSA Overlay Attachment C. Depending on the size, scale, and character of an SRA, it shall be designed to include an appropriate mix of retail, office, recreational, civic, governmental, and institutional uses, in addition to residential uses. 5. Towns and Villages shall be the preferred locations for business and industry, including environmental research, agricultural research, aviation and aerospace, health and life sciences, corporate headquarters, computer hardware, software and services, information technology, manufacturing, research and development, wholesale trade and distribution and similar uses, including Florida Qualified Target Industries. 6. Affordable Housing. To address the accommodation of Affordable Housing in a Town or Village, the SRA applicant shall utilize one of the following options: a. Affordable Housing Land Reservation. i. Reservation of one or more site(s) within the SRA or within a proximal SRA in the RLSA District with densities and development standards that accom- modate Affordable Housing residential uses at a minimum density of 10 units per acre, for acquisition by Collier County, a community land trust, a private developer, or any other affordable housing provider. ii. The aggregate acreage of such site(s) shall be equal to or greater than two and one-half percent (2.5%) of the gross area of the SRA. iii. The acreage of land reserved for Affordable Housing will be considered as a Public Benefit Use. iv. The County shall verify the site(s) is/are appropriate and approve the site(s) at time of SRA approval. COLLIER COUNTY LAND DEVELOPMENT CODE 4.08.07 B.2.4.08.07 B.6.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC4:164Supp. No. 32 v. Affordable Housing units shall be excluded from the Traffic Impact Statement or trip cap for the SRA in which they are located. b. Alternatives proposed by the SRA Applicant. Other options may be proposed by the SRA applicant and approved by the BCC to address housing affordability in the subject SRA. C. Forms of SRA developments. SRA developments are a compact form of development, which accommodate and promote uses that utilize creative land use planning techniques. SRAs shall be used to facilitate the implementation of innovative planning and flexible development strategies described in section 163.3248, F.S. These planning strategies and techniques are intended to minimize the conversion of rural and agricultural lands to other uses while discouraging urban sprawl, protecting environmentally sensitive areas, maintaining the economic viability of agricultural and other predominantly rural land uses, and providing for the cost-efficient delivery of public facilities and services. Only the following four specific forms of rural development in SRAs are permitted within the RLSA District. 1. Towns. Towns are the largest and most diverse form of SRA, with a full range of housing types and mix of uses. Towns have urban level services and infrastructure which support development that is compact, mixed use, human scale, and provides a balance of land uses to reduce automobile trips and increase livability. The mixture of land uses shall accommodate services that would increase internal capture and reduce trip length and long-distance travel. Towns shall be greater than 1,500 acres and are comprised of several villages and/or neighborhoods that have individual identity and character. Towns shall have a mixed-use town center that will serve as a focal point for community facilities and support services. Towns shall be designed to encourage pedestrian and bicycle circulation by including an interconnected sidewalk and pathway system serving all residential neighborhoods. The Town transportation network shall be based upon a Mobility Plan in accordance with LDC section 4.08.07 D.10. and shall include a transfer station or park-and-ride area that is appropriately located within the Town to serve the connection point for internal and external public transportation. Towns shall have at least one community park with a minimum size of 200 square feet per dwelling unit in the Town, subject to Level of Service Requirements. Towns shall also have parks or public green spaces within neighborhoods. Towns shall include both community and neighborhood scaled retail and office uses, in a ratio as provided in Section 4.08.07 I.1. Towns may also include those compatible corporate office, research and development companies, and light industrial uses, such as those included in Policy 4.7.4 of the FLUE. Towns shall be the preferred location for the full range of schools, and to the extent possible, schools and parks shall be located adjacent to each other to allow for the sharing of recreational facilities. Towns shall not be located within the ACSC. 2. Villages. Villages are communities with a diversity of housing types and mix of uses appropriate to the scale and character of the particular village. Villages shall be greater than 300 acres but not more than 1,500 acres, except that if any portion is designated ACSC, the maximum size shall be no more than 1,000 acres. Villages are comprised of residential neighborhoods and shall include a mixed-use village center to serve as the focal point for the community's support services and facilities. Villages shall be designed to encourage pedestrian and bicycle circulation by including an interconnected sidewalk and pathway system serving all residential neighborhoods. Villages shall have parks or public green spaces within neighborhoods. Villages shall include neighborhood scaled retail and office uses, in a SITE DESIGN AND DEVELOPMENT STANDARDS 4.08.07 B.6.4.08.07 C.2.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC4:165Supp. No. 32 ratio as provided in Section 4.08.07 I.1. Villages may contain appropriately scaled uses that are permitted in CRDs. Villages are an appropriate location for a full range of schools. To the extent possible, schools and parks shall be located adjacent to each other to allow for the sharing of recreational facilities. The Village form of rural land development is permitted within the ACSC subject to the limitations of Section 4.08.07 A.2. Villages greater than 500 acres shall require a Mobility Plan in accordance with LDC section 4.08.07 D.10., to include either a transfer station or park-and-ride area that is appropriately located within the Village to serve as the connection point for internal and external public transportation. 3. Compact Rural developments (CRDs). Compact Rural development (CRD) is a form of SRA that is a maximum of 300 acres and intended to support and further Collier County's valued attributes of agriculture, natural resources, and economic diversity. Primary CRD uses shall be those associated with and needed to support research, education, convenience retail, tourism or recreation. A CRD may include but is not required to have permanent residential housing and the services and facilities that support permanent residents. The number of residential units shall be equivalent with the demand generated by the primary CRD use but shall not exceed two units per gross acre. Except as described above, a CRD shall conform to the characteristics set forth in Section 4.08.07 I.1. a. CRDs within the ACSC. The CRD form of rural land development is permitted within the ACSC subject to the limitations of Section 4.08.07 A.2. 4. Proportion of CRDs to Villages and Towns. In order to maintain the correct proportion of CRDs of 300 acres or less to the number of Villages and Towns approved as SRAs, not more than five (5) CRDs of 300 acres or less may be approved prior to the approval of a Village or Town. In order to maintain that same proportion thereafter, not more than five additional CRDs of 300 acres or less may be approved prior to each subsequent Village or Town. D. SRA Designation Application Package. A Designation Application Package to support a request to designate land(s) within the RLSA District as an SRA shall be made pursuant to the regulations of the RLSA District Regulations. The SRA Application Package shall include the following: 1. SRA Designation Application. An application shall be submitted by a landowner or his/her agent, hereafter "applicant," to request the designation of an SRA within the RLSA District. The Application shall be submitted to the County manager or his designee, on a form provided. The application shall be accompanied by the documentation as required by this Section. 2. Application Fee. An application fee shall accompany the application. 3. Natural Resource Index Assessment. An assessment that documents the Natural Resource Index Value scores shall be prepared and submitted as part of the SRA Application. The Assessment shall include an analysis that quantifies the number of acres by Index Values. The Assessment shall: a. Identify all lands within the proposed SRA that have an Index Value greater than 1.2; b. Verify that the Index Value scores assigned during the RLSA Study are still valid through recent aerial photography or satellite imagery or agency-approved mapping, or other documentation, as verified by field inspections; COLLIER COUNTY LAND DEVELOPMENT CODE 4.08.07 C.2.4.08.07 D.3.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC4:166Supp. No. 32 c. If the Index Value scores assigned during the RLSA Study are no longer valid, document the current Index Value of the land. d. Quantify the acreage of agricultural lands, by type, being converted; e. Quantify the acreage of non-agricultural acreage, by type, being converted; f. Quantify the acreage of all lands by type within the proposed SRA that have an Index Value greater than 1.2; g. Quantify the acreage of all lands, by type, being designated as SRA within the ACSC, if any; and h. Demonstrate compliance with the Suitability Criteria contained in Section 4.08.07 A.1. 4. Natural Resource Index Assessment Support Documentation. Documentation to support the Natural Resource Index Assessment shall be provided for each SRA being designated to include: a. Legal Description, including sketch or survey; b. Acreage calculations of lands being put into the SRA, including acreage calculations of WRAs (if any) within SRA boundary but not included in SRA designation; c. RLSA Overlay Map delineating the area of the RLSA District being designated as an SRA; d. Aerial photograph delineating the area being designated as an SRA; e. Natural Resource Index Map of area being designated as an SRA; f. FLUCFCS map(s) delineating the area being designated as an SRA; g. Listed species map(s) delineating the area being designated as an SRA; h. Soils map(s) delineating the area being designated as an SRA, and; i. Documentation to support a change in the related Natural Resource Index Value(s), if appropriate. 5. SRA Master Plan. A Master Plan shall be prepared and submitted by the applicant as part of the SRA Application for Designation of an SRA. The SRA Master Plan shall be consistent with the requirements of Section 4.08.07 G. 6. SRA Development Document. A Development Document shall be prepared and submitted by the applicant as part of the SRA Application for Designation of an SRA. The SRA Development Document shall be consistent with the requirements of Section 4.08.07 H. 7. SRA Public Facilities Impact Assessment Report. An Impact Assessment Report shall be prepared and submitted by the applicant as part of the SRA Application for Designation of a SRA. The SRA Impact Assessment Report shall address the requirements of Section 4.08.07 J. SITE DESIGN AND DEVELOPMENT STANDARDS 4.08.07 D.3.4.08.07 D.7.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC4:167Supp. No. 32 8. SRA Economic Assessment Report. An Economic Assessment Report shall be prepared and submitted by the applicant as part of the SRA Application for Designation of an SRA. The SRA Economic Assessment Report shall address the requirements of Section 4.08.07 K. 9. Stewardship Credit Use and Reconciliation Application. A Credit Use and Reconciliation Application shall be submitted as part of an SRA Designation Application in order to track the transfer of credits from SSA(s) to SRA(s). The Stewardship Credit Use and Reconciliation Application shall be in a form provided by the County Manager, or designee. The application package shall contain the following: a. The legal description of, or descriptive reference to, the SRA to which the Stewardship Credits are being transferred; b. Total number of acres within the proposed SRA and the total number of acres of the proposed SRA within the ACSC (if any); c. Number of acres within the SRA designated "public use" that do not require the redemption of Stewardship Credits in order to be entitled (does not consume credits); d. Number of acres of "excess" open spaces within the SRA that do not require the consumption of credits; e. Number of acres of WRAs inside the SRA boundary but not included in the SRA designation; f. Number of acres within the SRA that consume Credits; g. The number of Stewardship Credits being transferred (consumed by) to the SRA and documentation that the applicant has acquired or has a contractual right to acquire those Stewardship Credits; h. Number of acres to which credits are to be transferred (consumed) multiplied by eight (8) Credits/acre equals the number of Credits to be transferred (consumed) or 10 credits per acre, as applicable; i. A descriptive reference to one (1) or more approved or pending SSA Designation Applications from which the Stewardship Credits are being obtained. Copies of the reference documents, e.g., SSA Stewardship Credit Agreement, etc., shall be provided, including: i. SSA application number; ii. Pending companion SRA application number; iii. SSA Designation Resolution (or Resolution Number); iv. SSA Credit Agreement (Stewardship Credit Agreement); v. Stewardship Credits Database Report. COLLIER COUNTY LAND DEVELOPMENT CODE 4.08.07 D.8.4.08.07 D.9.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC4:168Supp. No. 32 j. A descriptive reference to any previously approved Stewardship Credit Use and Reconciliation Applications that pertain to the referenced SSA(s) from which the Stewardship Credits are being obtained; and k. A summary table in a form provided by Collier County that identifies the exchange of all Stewardship Credits that involve the SRA and all of the associated SSAs from which the Stewardship Credits are being obtained. 10. SRA Mobility Plan. a. An SRA mobility plan shall be submitted by the applicant as part of the SRA designation. b. Applicability. Regardless of development size, each mobility plan shall be required to address the strategies found in the mobility plan checklist. c. Mobility plan checklist. The mobility plan checklist provides a framework for which mobility strategies are identified and detailed. Along with the writeup on each mobility element, the checklist shall be included in the text portion of the required mobility plan. Table 1. Mobility Plan Checklist Mobility Plan Checklist Mobility Strategies Accommodated? Described Strategy Details Pedestrian Micromobility Bicycle Public Transit Vehicular School Connectivity Internal Circulators and Connectivity External Connectivity LRTP Roadway and Pathway Needs LRTP Transit Needs d. Mobility map strategies. i. Pedestrian. Each SRA shall be designed to accommodate pedestrians to encourage mobility and promote internal and external circulation. Each SRA shall provide an interconnected continuous sidewalk and multi-use pathway network. This sidewalk and pathway network shall provide a high-level of connectivity between land uses, which include, but are not limited to neighborhoods/residential areas, town cores, village centers, employment centers, public uses, green/open spaces, and commercial areas. The SRA shall utilize traffic calming strategies and recommendations as identified by the Neighborhood Traffic Management Program (NTMP) to improve safety and comfort for the pedestrian in turn increasing the overall walkability, as applicable. All constructed sidewalks and multi-use pathways shall be built in accordance with LDC section 6.06.02. SITE DESIGN AND DEVELOPMENT STANDARDS 4.08.07 D.9.4.08.07 D.10.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC4:169Supp. No. 32 ii. Micromobility. SRAs shall encourage the use of micromobility infrastructure such as but not limited to charging stations or mobility corrals or hubs within the development, as applicable. If charging stations, shared bike, or mobility corrals/hubs are incorporated into the project, a reduction in three required parking spaces per charging station or corral/hub from the total required parking space requirement may be utilized. It is encouraged that all multi-use pathways, roadways, and sidewalks be constructed to accommodate micro- mobility. iii. Bicycle. a) Each SRA shall ensure that a comfortable and safe environment for bicycling is provided. b) Each SRA shall provide protected, buffered, or separated bicycling lanes on roadways with travel speeds that exceed 30 m.p.h. Bicycle lanes may utilize various separation types, including but not limited to bollards, delineator posts, solid barriers, raised medians or lanes, parked vehicles, other types of infrastructure, or a combination thereof, as determined by the County Manager or designee. c) Local roadways and urban centers within the SRA may utilize shared travel lanes. iv. Public Transit. Public transit shall be considered an integral part of the transportation system and fully integrated into the road network. All transit plans and enhancements shall be planned for and designed in accordance with the MPO Long Range Transportation Plan (LRTP) and coordinated with Collier Area Transit (CAT), to ensure proposed transit system enhancements are appropriate and needed. All transit stations and stops, as well as park-and-ride facilities, shall follow all county design standards and regula- tions, as applicable. All Towns or Villages shall have a Transit Station or a Park-and-Ride Facility. v. Vehicular. All development shall comply with LDC section 4.04.00 and street system design standards in LDC section 4.08.07 and LDC section 6.06.00. It is encouraged to integrate innovative intersections within the development which allow for effective multimodal use with a high emphasis on safety. vi. School connectivity. SRAs that are required to include a school site shall, in coordination with Collier County Public School planning staff, connect the site to the multi-modal internal and external transportation system. All sidewalks and multiuse pathways shall ultimately connect to the school site, allowing students from residential and mixed-use areas to access the school. The school site shall be a main destination and fully integrated into the sidewalk and multiuse pathway network. vii. Internal circulators. Each SRA street system shall be designed in such a manner to allow for optimum internal vehicular circulation. Gated and non-gated neighborhoods shall have multiple internal access connections if COLLIER COUNTY LAND DEVELOPMENT CODE 4.08.07 D.10.4.08.07 D.10.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC4:170Supp. No. 32 the neighborhood has direct access to a collector and arterial street. Direct connection between neighborhoods is encouraged to reduce traffic conges- tion at neighborhood entrances and enhance internal circulation. The use of cul-de-sacs shall be minimized to greatest extent possible when designing neighborhood street systems as to encourage walkability and circulation. viii. External connectivity. External connections between adjacent towns, vil- lages, and CRD's shall be identified on the mobility plan. These shall include sidewalks, multiuse pathways, transit, and vehicular access. The applicant shall work with County transportation planning staff and identify needs within the LRTP to establish connections that further the County's transportation needs, future plans, and increase connectivity. ix. LRTP roadway and pathway needs. SRAs shall work with the MPO and County transportation planning staff to identify roadway and pathway needs as presented within the LRTP. Each SRA shall address how their proposal enhances the County roadway and pathway network. x. LRTP transit needs. SRAs shall work with the MPO and Collier Area Transit (CAT) staff to identity transit system needs. Each SRA shall address how their proposal enhances the overall transit system. e. Additional information. Each mobility plan shall include a mobility plan graphic as part of the SRA Master Plan. 11. Wildlife plan. A wildlife management plan shall include provisions for minimizing human and wildlife interactions, including the baseline standards techniques in LDC section 4.08.05 J.3.a. Low intensity land uses (e.g., parks, passive recreation areas, golf courses) and vegetation preservation requirements, including agriculture, shall be used to establish buffer areas between wildlife habitat areas and areas dominated by human activities. Consideration shall be given to the most current Florida Fish and Wildlife Conservation Commission (FFWCC) guidelines and regulations on techniques to reduce human wildlife conflict. The management plans shall also require the dissemination of information to local residents, businesses, and governmental services about the presence of wildlife and practices, such as appropriate waste disposal methods, that enable responsible coexistence with wildlife, while minimizing opportunities for negative interaction, such as appropriate waste disposal practices. Wildlife management plans shall contain a monitoring program for developments greater than 10 acres. 12. Conditional SRA Designation. If at the time of the approval of the SRA Designation Application, the applicant has not acquired the number of credits needed to entitle the SRA, then the SRA Designation approval shall be conditional. The applicant shall have sixty (60) days from the date of the conditional approval to provide documentation of the acquisition of the required number of Stewardship Credits. If the applicant does not provide such documentation within sixty (60) days, the conditional SRA Designation approval shall be null and void. The Stewardship Credit Use and Reconciliation Application shall be amended to accurately reflect the transfer of credits that occurred following the conditional approval of the SRA. SITE DESIGN AND DEVELOPMENT STANDARDS 4.08.07 D.10.4.08.07 D.12.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC4:171Supp. No. 32 13. SRA Credit Agreement. a. Any applicant for designation of an SRA shall enter into an SRA Credit Agreement with the County. b. The SRA Credit Agreement shall contain the following information: i. The number of SSA credits the applicant for an SRA designation is utilizing and which shall be applied to the SRA land in order to carry out the plan of development on the acreage proposed in the SRA development Documents; ii. A legal description of the SRA land and the number of acres; iii. The SRA master plan depicting the land uses and identifying the number of residential dwelling units, gross leasable area of retail and office square footage and other land uses depicted on the master plan; iv. A description of the SSA credits that are needed to entitle the SRA land and the anticipated source of said credits; v. The applicant's acknowledgement that development of SRA land may not commence until the applicant has recorded an SRA Credit Agreement Memorandum with the Collier County Clerk of Courts; and vi. The applicant's commitments, if any, regarding conservation, or any other restriction on development on any lands, including wetlands, within the SRA, as may be depicted on the SRA Master Plan for special treatment. c. The SRA Credit Agreement shall be effective on the latest of the following dates: i. The date that the County approves the SRA Application; ii. The date that documentation of the applicant's acquisition of the Stewardship Credits to be utilized for the SRA is found by the County to be sufficient; or iii. Five (5) working days after the date on which the applicant submits documentation of the acquisition of the Stewardship Credits to be utilized, if the County fails to make a sufficiency determination prior to that date. d. Following approval of the SRA Application, the applicant shall record a SRA Credit Agreement Memorandum, which shall include the following: i. A cross reference to the recorded SSA Credit Agreement Memorandum or Memoranda for the SSA lands from which the credits being utilized are generated and identification of the number of credits derived from each SSA; and ii. A legal description of the SRA lands. e. If the development provided for within an SRA constitutes, or will constitute, a development of regional impact ("DRI") pursuant to sections 380.06 and 380.0651, F.S., and if the applicant has obtained a preliminary development agreement ("PDA") COLLIER COUNTY LAND DEVELOPMENT CODE 4.08.07 D.13.4.08.07 D.13.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC4:172Supp. No. 32 from the Florida Department of Community Affairs for a portion of the SRA land, the applicant may request the County to enter into a Preliminary SRA Credit Agreement for those Stewardship Credits needed in order to develop the PDA authorized development. Commencement of the PDA authorized development may not proceed until the applicant has recorded a Preliminary SRA Credit Agreement Memorandum. The Preliminary SRA Credit Agreement and Preliminary SRA Credit Agreement shall include the same information and documentation as is required for an SRA Credit Agreement and an SRA Credit Agreement Memorandum. E. SRA Application Review Process. 1. Pre-Application Conference with County Staff: Prior to the submission of a formal application for SRA designation, the applicant shall attend a pre-application conference with the County Manager or his designee and other county staff, agencies, and officials involved in the review and processing of such applications and related materials. If an SRA designation application will be filed concurrent with an SSA application, only one pre-application conference shall be required. This pre-application conference should address, but not be limited to, such matters as: a. Conformity of the proposed SRA with the goals, objectives, and policies of the GMP; b. Consideration of suitability criteria described in LDC section 4.08.07 A.1. and other standards of this Section; c. SRA master plan compliance with all applicable policies of the RLSA District Regulations, and demonstration that incompatible land uses are directed away from FSAs, HSAs, WRAs, and Conservation Lands; d. Assurance that applicant has acquired or will acquire sufficient Stewardship Credits to implement the SRA uses; and e. Consideration of impacts, including environmental and public infrastructure impacts. 2. Application Package Submittal, Processing Fees, and Review. The required number of SRA Applications and the associated processing fee shall be submitted to the County Manager or his designee. The contents of said application package shall be in accordance with LDC section 4.08.07 D. The review and approval of the application shall be in accordance with section 125.022, Florida Statutes. 3. Public notice and required hearings shall be as established in LDC section 10.03.06 M. F. SRA Application Approval Process. 1. Public Hearings Required. The BCC shall review the staff report and recommendations and the recommendations of the EAC and CCPC, and the BCC shall, by resolution, approve, deny, or approve with conditions the SRA Application only after advertised public notices have been provided and public hearings held in accordance with LDC section 10.03.06 M. 2. Update Stewardship Credits Database. Following the effective date of the approval of the SRA, the County shall update the Stewardship Credits Database used to track both SSA credits generated and SRA credits consumed. SITE DESIGN AND DEVELOPMENT STANDARDS 4.08.07 D.13.4.08.07 F.2.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC4:173Supp. No. 32 3. Update the Official Zoning Atlas and the RLSA Overlay Map. Following the effective date of the approval of the SRA, the County shall update the Official Zoning Atlas to reflect the designation of the SRA. Sufficient information shall be included on the updated maps so as to direct interested parties to the appropriate public records associated with the designation, e.g., Resolution number, SRA Designation Application number, etc. The RLSA Overlay Map shall be updated to reflect the SRA designation during a regular GMP amendment cycle, no later than twelve months from the effective date of the SRA Credit Agreement. 4. SRA Amendments. Amendments to the SRA shall be considered in the same manner as described in this Section for the establishment of an SRA, except as follows: a. Waiver of Required SRA Application Package Component(s). A waiver may be granted by the County Manager or his designee, if at the time of the pre-application conference, in the determination of the County Manager or designee, the original SRA Designation Application component(s) is (are) not materially altered by the amendment or an updated component is not needed to evaluate the amendment. The County Manager or designee shall determine what application components and associated documentation are required in order to adequately evaluate the amend- ment request. b. Substantial changes. Any substantial change(s) to an SRA Master Plan or Develop- ment Document shall require the review and recommendation of the Planning Commission and approval by the Board of County Commissioners as an SRA amendment prior to implementation. Applicants shall be required to submit and process a new application complete with pertinent supporting data, as set forth in the Administrative Code. For the purpose of this section, a substantial change shall be deemed to exist where: i. A proposed change in the boundary of the SRA; ii. A proposed increase in the total number of dwelling units or intensity of land use or height of buildings within the development; iii. A proposed decrease in preservation, conservation, recreation or open space areas within the development not to exceed 5 percent of the total acreage previously designated as such, or 5 acres in area; iv. A proposed increase in the size of areas used for nonresidential uses, to include institutional, commercial and industrial land uses (excluding preserva- tion, conservation nor open spaces), or a proposed relocation of nonresidential land uses; v. A substantial increase in the impacts of the development which may include, but are not limited to, increases in traffic generation; changes in traffic circulation; or impacts on other public facilities; vi. A change that will result in land use activities that generate a higher level of vehicular traffic based upon the Trip Generation Manual published by the Institute of Transportation Engineers; COLLIER COUNTY LAND DEVELOPMENT CODE 4.08.07 F.3.4.08.07 F.4.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC4:174Supp. No. 32 vii. A change that will result in a requirement for increased stormwater retention, or will otherwise increase stormwater discharges; viii. A change that will bring about a relationship to an abutting land use that would be incompatible with an adjacent land use; ix. Any modification to the SRA master plan or SRA document which is inconsistent with the Future Land Use Element or other element of the Growth Management Plan or which modification would increase the density or intensity of the permitted land uses; x. Any modification in the SRA master plan or SRA document which impact(s) any consideration deemed to be a substantial modification as described under this LDC section 4.08.07. c. Insubstantial change determination. An insubstantial change includes any change that is not considered a substantial or minor change. An insubstantial change to an approved SRA Development Document or master plan shall be based upon an evaluation of LDC subsection 4.08.07 F.4.b., above and shall require the review and approval of the Hearing Examiner or Planning Commission. The approval shall be based on the findings and criteria used for the original application and be an action taken at a regularly scheduled meeting. i. The applicant shall provide the Planning and Zoning Department Director documentation which adequately describes the proposed changes as described in the Administrative Code. d. Approval of Minor Changes by County Manager or Designee. County Manager shall be authorized to approve minor changes and refinements to an SRA Master Plan or Development Document upon written request of the applicant. Minor changes and refinements shall be reviewed by appropriate County staff to ensure that said changes and refinements are otherwise in compliance with all applicable County ordinances and regulations prior to the County Manager or designee's consideration for approval. The following limitations shall apply to such requests: i. The minor change or refinement shall be consistent with the RLSA Overlay, the RLSA District Regulations, and the SRA development Document's amendment provisions. ii. The minor change or refinement shall be compatible with and not create detrimental impacts to abutting land uses, water management facilities, and conservation areas within or external to the SRA. iii. Minor changes or refinements, include but are not limited to: (a) Reconfiguration of lakes, ponds, canals, or other water management facilities where such changes are consistent with the criteria of the SFWMD and Collier County; (b) Internal realignment of rights-of-way, other than a relocation of access points to the SRA itself, where water management facilities, preservation areas, or required easements are not adversely affected; and SITE DESIGN AND DEVELOPMENT STANDARDS 4.08.07 F.4.4.08.07 F.4.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC4:175Supp. No. 32 (c) Reconfiguration of parcels when there is no encroachment into the conservation areas or lands with an Index Value of 1.2 or higher. e. Relationship to Subdivision or site Development Approval. Approval by the County Manager or designee of a minor change or refinement may occur independently from, and prior to, any application for subdivision or Site Development Document approval. However, such approval shall not constitute an authorization for development or implementation of the minor change or refinement without first obtaining all other necessary County permits and approvals. G. Master Plan. To address the specifics of each SRA, a master plan of each SRA will be prepared and submitted to Collier County as a part of the petition for designation as an SRA. The master plan will demonstrate that the SRA complies with all applicable GMP policies and the RLSA District and is designed so that incompatible land uses are directed away from lands identified as FSAs, HSAs, WRAs, and Conservation Lands on the RLSA Overlay Map. 1. Master Plan Requirements. A master plan shall accompany an SRA Designation Application to address the specifics of each SRA. The master plan shall demonstrate that the SRA is designed so that incompatible land uses are directed away from lands identified as FSAs, HSAs, WRAs and Conservation Lands on the RSLA Overlay Map. The plan shall be designed by an urban planner who possesses an AICP certification, together with at least one of the following: a. A professional engineer (P.E.) with expertise in the area of civil engineering licensed by the State of Florida; b. A qualified environmental consultant per Chapter 10 of the LDC; or c. A practicing architect licensed by the State of Florida. 2. Master Plan Content. At a minimum, the master plan shall be consistent with the County's then-adopted Long Range Transportation Plan (LRTP) and Access Management procedures and include the following elements: a. The title of the project and name of the developer; b. Scale, date, north arrow; c. Location map that identifies the relationship of the SRA to the entire RLSA District, including other designated SRAs; d. Boundaries of the subject property, all existing roadways within and adjacent to the site, watercourses, easements, section lines, and other important physical features within and adjoining the proposed development; e. Identification of all proposed tracts or increments within the SRA such as, but not limited to: residential, commercial, industrial, institutional, conservation/preservation, lakes and/or other water management facilities, the location and function of all areas proposed for dedication or to be reserved for community and/or public use, and areas proposed for recreational uses including golf courses and related facilities; COLLIER COUNTY LAND DEVELOPMENT CODE 4.08.07 F.4.4.08.07 G.2.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC4:176Supp. No. 32 f. Identification, location and quantification of all wetland preservation, buffer areas, and open space areas; g. The location and size (as appropriate) of all proposed drainage, water, sewer, and other utility provisions; h. The location of all proposed major internal rights of way and pedestrian access ways; i. Typical cross sections for all arterial, collector, and local streets, public or private, within the proposed SRA; j. Identification of any WRAs that are contiguous to or incorporated within the boundaries of the SRA, and any part of a WRA that provides stormwater quality treatment for the SRA; k. Documentation or attestation of professional credentials of individuals preparing the master plan; l. A mobility plan graphic. H. Development Document. Data supporting the SRA Master Plan, and describing the SRA application, shall be in the form of a Development Document that shall consist of the information listed below, unless determined at the required pre-application conference to be unnecessary to describe the development strategy. 1. The document shall be prepared by an urban planner who possesses an AICP certification, together with at least one of the following: a. A professional engineer (P.E.) with expertise in the area of civil engineering licensed by the State of Florida; b. A qualified environmental consultant per Chapter 10 of the LDC; or c. A practicing landscape architect licensed by the State of Florida. 2. The document shall identify, locate, and quantify the full range of uses, including accessory uses that provide the mix of services to, and are supportive of, the residential population of an SRA or the RSLA District, and shall include, as applicable, the following: a. Title page to include name of project; b. Index/table of contents; c. List of exhibits; d. Statement of compliance with the RSLA Overlay and the RLSA District Regulations; e. General location map showing the location of the site within the boundaries of the RLSA Overlay Map and in relation to other designated SRAs and such external facilities as highways; f. Property ownership and general description of site (including statement of unified ownership); SITE DESIGN AND DEVELOPMENT STANDARDS 4.08.07 G.2.4.08.07 H.2.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC4:177Supp. No. 32 g. Description of project development; h. Legal description of the SRA boundary, and for any WRAs encompassed by the SRA; i. The overall acreage of the SRA that requires the consumption of Stewardship Credits and proposed gross density for the SRA; j. Identification of all proposed land uses within each tract or increment describing: acreage; proposed number of dwelling units; proposed density and percentage of the total development represented by each type of use; or in the case of commercial, industrial, institutional or office, the acreage and maximum gross leasable floor area within the individual tracts or increments; k. Design standards for each type of land use proposed within the SRA. Design standards shall be consistent with the Design Criteria contained in section 4.08.07 I.; l. The Development Document, including any amendments, may request deviations from the LDC. The Development Document application shall identify all proposed deviations and include justification and any proposed alternatives. See LDC section 4.08.07 I.7. for the deviation requirements and criteria; m. The proposed schedule of development, and the sequence of phasing or incremental development within the SRA, if applicable; n. A Natural Resource Index Assessment as required in Section 4.08.04 C.3.; o. The location and nature of all existing or proposed public facilities (or sites), such as schools, parks, fire stations and the like; p. A plan for the provision of all needed utilities to and within the SRA; including (as appropriate) water supply, sanitary sewer collection and treatment system, stormwa- ter collection and management system, pursuant to related county regulations and ordinances; q. Typical cross sections for all arterial, collector, and local streets, public or private, within the proposed SRA; r. Agreements, provisions, or covenants, which govern the use, maintenance, and continued protection of the SRA and any of its common areas or facilities; s. Development commitments for all infrastructure; t. When determined necessary to adequately assess the compatibility of proposed uses within the SRA to existing land uses, their relationship to agriculture uses, open space, recreation facilities, or to assess requests for deviations from the Design Criteria standards, the County Manager or designee may request schematic architectural drawings (floor plans, elevations, perspectives) for all proposed structures and improvements, as appropriate; u. Development Document amendment provisions; COLLIER COUNTY LAND DEVELOPMENT CODE 4.08.07 H.2.4.08.07 H.2.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC4:178Supp. No. 32 v. An inventory of historic or cultural resources identified within the RLSA District, and in conjunction with the Florida Division of Historic Resources, an assessment of their historic or cultural significance in accordance with LDC section 2.03.07 E., and proposed strategies to promote educational and public awareness regarding those significant resources; and w. Documentation or attestation of professional credentials of individuals preparing the development document. I. Design Criteria. Criteria are hereby established to guide the design and development of SRAs to include innovative planning and development strategies as set forth in section 163.3248, F.S. The size and base density of each form of SRA shall be consistent with the standards set forth below. The maximum base residential density as specified herein for each form of SRA may only be exceeded through the density blending process as set forth in density and intensity blending provision of the Immokalee Area Master Plan or through the affordable housing density bonus as referenced in the Density Rating System of the Future Land Use Element. The base residential density is calculated by dividing the total number of residential units in an SRA by the acreage therein that is entitled through Stewardship Credits. The base residential density does not restrict net residential density of parcels within an SRA. The location, size and density of each SRA will be determined on an individual basis, subject to the regulations below, during the SRA designation review and approval process. 1. SRA Characteristics. Characteristics for SRAs designated within the RLSA District have been established in the Goals, Objectives, and Policies, of the RLSA Overlay. All SRAs designated pursuant to this Section shall be consistent with the characteristics identified on the Collier County RLSA Overlay SRA Characteristics Chart and the design criteria set forth in 2. through 5. Below: a. SRA Characteristics Tables: A - Town, B - Village, C - Compact Rural Development. Table A - Town Typical Characteristics Town (Towns are prohibited within the ACSC, per LDC section 4.08.07 A.2.b.) Size (Gross Acres) Greater than 1,500 acres Residential Units (DUs) per gross acre base density 1—4 DUs per gross acre (Density can be increased beyond the base density through the affordable workforce housing density bonus or through the density blending provision, per RLSA policy 4.7 of the FLUE.) Required Uses Uses Allowed But Not Required Residential Housing Styles Full range of single family and multi-family housing types, styles, lot sizes Maximum Floor Area Ratio or Intensity per use Retail & Office - .5 Manufacturing/Light Industrial and Research and Development Companies - .45 Civic/Governmental/Institution - .6 Group Housing - .45 Transient Lodging - 26 upa net SITE DESIGN AND DEVELOPMENT STANDARDS 4.08.07 H.2.4.08.07 I.1.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC4:179Supp. No. 32 Typical Characteristics Town (Towns are prohibited within the ACSC, per LDC section 4.08.07 A.2.b.) Goods and Services Town Center with Community and Neighborhood Goods and Services in Town and Village Centers: Minimum 170 SF gross building area per DU; Corporate Office, Manufacturing and Light Industrial and research companies. Corporate Office, Manufacturing and Light Industrial and Research and Development Companies Water and Wastewater Centralized or decentralized com- munity treatment system Interim Well and Septic Recreation and Open Space Community Parks (200 SF/DU), subject to level of service require- ments Active Recreation/Golf Courses Parks & Public Green Spaces w/n Neighborhoods Lakes Open Space Minimum 35% of SRA Civic, Governmental and Institutional Services Wide Range of Services - minimum 15 SF of gross land area/DU Full Range of Schools Transportation Auto - interconnected system of collector and local roads; required connection to collector or arterial Interconnected sidewalk and pathway system County Transit station or a park- and-ride facility COLLIER COUNTY LAND DEVELOPMENT CODE 4.08.07 I.1.4.08.07 I.1.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC4:180Supp. No. 32 Table B - Village Typical Characteristics Village Size (Gross Acres) Greater than 300 acres but not more than 1,500 acres, except that if any portion is designated ACSC, the maximum size shall be no more than 1,000 acres (Villages within the ACSC are subject to location and size limita- tions per LDC section 4.08.07.A.2. and are subject to Chapter 28-25, FAC.) Residential Units (DUs) per gross acre base density 1—4 DUs per gross acre (Density can be increased beyond the base density through the affordable workforce housing density bonus or through the density blending provision, per RLSA Policy 4.7 of the FLUE.) Required Uses Uses Allowed But Not Required Residential Housing Styles Diversity of single family and multi-family housing types, styles, lot sizes Maximum Floor Area Ratio or Intensity per use Retail & Office - .5 Group Housing - .45 Civic/Governmental/Institution - .6 Transient Lodging - 26 upa net Goods and Services Village Center with Neighbor- hood Goods and Services in Vil- lage Centers: Minimum 53 SF gross building area per DU Corporate Office, Manufacturing and Light Industrial and Research and Development Companies: appropriately scaled Water and Wastewater Centralized or decentralized com- munity treatment system Interim Well and Septic Recreation and Open Space Parks & Public Green Spaces w/n Neighborhoods (minimum 1% of gross acres) Active Recreation/Golf Courses Lakes Open Space Minimum 35% of SRA Civic, Governmental and Institutional Services Moderate Range of Services - minimum 10 SF/DU Full Range of Schools Transportation Auto - interconnected system of collector and local roads; required connection to collector or arterial Equestrian Trails Interconnected sidewalk and pathway system County Transit station or a park- and-ride facility SITE DESIGN AND DEVELOPMENT STANDARDS 4.08.07 I.1.4.08.07 I.1.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC4:181Supp. No. 32 Table C - Compact Rural Development—300 Gross Acres or Less Typical Characteristics Compact Rural Development—300 Gross Acres or Less Size (Compact Rural developments within the ACSC are subject to location and size limitations, LDC section 4.08.07.A.2. of this Code, and are subject to Chapter 28-25, FAC.) Residential Units (DUs) per gross acre base density If residential, —2 DUs per gross acre Required Uses Uses Allowed But Not Required Residential Housing Styles Single Family and limited multi- family (Those CRDs that include single or multi-family residential uses shall include proportionate support services). Non-Residential Use and Maximum Floor Area Ratio or Intensity Business, industry and uses associated with and needed to support research, education, tour- ism or recreation - .5 Retail & Office - .5 Civic/Governmental/Institution - .6 Group Housing - .45 Transient Lodging - 26 upa net Goods and Services Convenience Goods and Services: Minimum 10 SF gross building area per DU * Business, industry and uses associated with and needed to support research, education, convenience retail, tourism, or recreation, appropriately scaled Water and Wastewater Individual Well and Septic System Centralized or decentralized com- munity treatment system Recreation and Open Space Public Green Space for Neighbor- hoods (minimum 1% of gross acres) * Civic, Governmental and Institutional Services Limited Services Pre-K through Elementary Schools Transportation Auto - interconnected system of local roads Equestrian Trails Pedestrian Pathways County Transit station or a park- and-ride facility * In conjunction with residential units proposed within the CRD. b. Streets within SRAs shall be designed in accord with the cross-sections set forth in Figures 1—18 below, as more specifically provided in I.2. through I.4. Alternatively, Collier County Transportation Services may approve additional cross-sections as needed to meet the design objectives. Deviations from the cross sections set forth in COLLIER COUNTY LAND DEVELOPMENT CODE 4.08.07 I.1.4.08.07 I.1.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC4:182Supp. No. 32 Figures 1—18 may be requested in the SRA Development Document or an amendment to the SRA Development Document. Please see LDC section 4.08.07 I.7. for the deviation requirements and criteria. i. Figure 1: Town Core/Center. ii. Figure 2: Town Core/Center. SITE DESIGN AND DEVELOPMENT STANDARDS 4.08.07 I.1.4.08.07 I.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC4:183Supp. No. 32 iii. Figure 3: Alley: Town Core/Center. iv. Figure 4: Town Core/Center. COLLIER COUNTY LAND DEVELOPMENT CODE 4.08.07 I.4.08.07 I.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC4:184Supp. No. 32 v. Figure 5: Neighborhood General. vi. Figure 6: Neighborhood General. vii. Figure 7: Neighborhood General. SITE DESIGN AND DEVELOPMENT STANDARDS 4.08.07 I.4.08.07 I.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC4:185Supp. No. 32 viii. Figure 8: Neighborhood General. ix. Figure 9: Neighborhood Edge. COLLIER COUNTY LAND DEVELOPMENT CODE 4.08.07 I.4.08.07 I.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC4:186Supp. No. 32 x. Figure 10: Neighborhood General. xi. Figure 11: Neighborhood Edge. SITE DESIGN AND DEVELOPMENT STANDARDS 4.08.07 I.4.08.07 I.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC4:187Supp. No. 32 xii. Figure 12: Neighborhood Edge. xiii. Figure 13: Collector street: Neighborhood Edge. xiv. Figure 14: Neighborhood Edge. COLLIER COUNTY LAND DEVELOPMENT CODE 4.08.07 I.4.08.07 I.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC4:188Supp. No. 32 xv. Figure 15: Neighborhood Edge. xvi. Figure 16: Neighborhood Edge. xvii. Figure 17: Neighborhood Edge. SITE DESIGN AND DEVELOPMENT STANDARDS 4.08.07 I.4.08.07 I.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC4:189Supp. No. 32 xviii. Figure 18: Neighborhood Edge. 2. Town Design Criteria. a. General design criteria. i. Shall be compact, pedestrian-friendly and mixed-use; ii. Shall create an interconnected street system designed to disperse and reduce the length of automobile trips; iii. Shall offer a range of housing types and price levels to accommodate diverse ages and incomes; Accessory dwelling unit shall not count towards the total approved number of units, provided that the total number of units does not exceed the maximum density allowed by the GMP. iv. Shall include school sites that are sized and located to enable children to walk or bicycle to them; v. Shall provide a range of open spaces including neighborhood and com- munity parks, squares and playgrounds distributed throughout the com- munity; vi. Shall include both community and neighborhood scaled retail and office uses; vii. Shall have urban level services and infrastructure which supports develop- ment that is compact, including water management facilities and related structures, lakes, community and neighborhood parks, trails, temporary construction, sales and administrative offices for authorized contractors and consultants, landscape and hardscape features, fill storage, and site filling and grading, which are allowed uses throughout the community. viii. Shall be designed in a progressive rural to urban continuum with the greatest density, intensity and diversity occurring within the Town Core, to the least density, intensity and diversity occurring within the Neighborhood Edge; ix. Shall provide sufficient transition to the adjoining use, such as active agriculture, pasture, rural roadway, etc., and compatibility through the use of buffering, open space, land use, or other means; COLLIER COUNTY LAND DEVELOPMENT CODE 4.08.07 I.4.08.07 I.2.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC4:190Supp. No. 32 x. Shall include a minimum of three context zones: Town Core, Town Center and Neighborhood General, each of which shall blend into the other without the requirements of buffers. xi. May include the context zone of Neighborhood Edge. xii. Shall allow signs typically permitted in support of residential uses including for sale, for rent, model home, and temporary construction signs. Specific design and development standards shall be set forth in the SRA document for such signs permitted in residential areas or in conjunction with residential uses. xiii. To the extent that section 5.05.08 is applicable within the Urban designated area, SRA Architectural Design Standards shall comply with the provisions of section 5.05.08, unless additional or different design standards that deviate from section 5.05.08, in whole or part, are submitted to the County as part of the SRA Development Document or any amendment to the SRA Develop- ment Document. See LDC section 4.08.07 I.7. for the deviation requirements and criteria. xiv. To the extent that section 4.06.00 is applicable within the Urban designated area, SRA Landscape Design and Installation Standards shall comply with the provisions of section 4.06.00, unless additional or different design and installation standards that deviate from section 4.06.00, in whole or in part, are submitted to the County as part of the SRA Development Document or any amendment to the SRA Development Document. Please see LDC section 4.08.07 I.7. for the deviation requirements and criteria. b. Transportation Network. i. The transportation network shall provide for a high level of mobility for all travelers through a design that accommodates a variety of travel modes. ii. The transportation network shall be designed in an interconnected system of streets, sidewalks, and pathways. iii. A transfer station or park-and-ride area shall be appropriately located within the Town to serve the connection point for internal and external public transportation. iv. The SRA shall include vehicular, bicycle/pedestrian, public transit, internal circulators, and other modes of travel/movement within and between SRAs and areas outside development and land uses. v. Any mitigation measures required to offset an SRA's traffic impacts, such as provisions for the construction and/or permitting of wildlife crossings, environmental mitigation credits, right-of-way dedication(s), water manage- ment and/or fill materials which may be needed to expand the existing or proposed roadway network, shall be memorialized in a developer contribu- tion agreement. Actions shall be considered within the area of significant influence of the project traffic on existing or proposed roadways. SITE DESIGN AND DEVELOPMENT STANDARDS 4.08.07 I.2.4.08.07 I.2.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC4:191Supp. No. 32 c. Open space and Parks. i. Towns shall have a minimum of 35 percent open space. ii. Towns shall have community parks that include sports fields and facilities with a minimum level of services of 200 square feet per dwelling unit in the Town, subject to level of service requirements. iii. Towns shall have passive or active parks, playgrounds, public plazas or courtyards as appropriate within each context zone. d. Context zones. Context zones are intended to guide the location of uses and their intensity and diversity within a Town and provide for the establishment of the urban to rural continuum. i. Town Core. The Town Core shall be the civic center of a Town. It is the most dense and diverse zone, with a full range of uses within walking distance. The Core shall be a primary pedestrian zone with buildings positioned near the right-of-way, wide sidewalks shall be shaded through streetscape planting, awnings and other architectural elements. Parking shall be provided on street and off street in the rear of buildings within lots or parking structures. Signage shall be pedestrian scale and designed to complement the building architecture. The following design criteria shall apply within the Town Core, with the exception of civic or institutional buildings, which shall not be subject to the building height, building placement, building use, parking, and signage criteria below, but, instead, shall be subject to specific design standards set forth in the SRA development Document and approved by the BCC that address the perspective of these buildings' creating focal points, terminating vistas and significant community landmarks. a) Uses - commercial, retail, office, civic, institutional, light industrial and manufacturing, essential services, residential, parks and acces- sory uses. Such uses may occur in shared use buildings or single use buildings. b) The total building area within each block shall not exceed a floor area ratio of 3. c) Retail and offices uses per block shall not exceed a floor area ratio of 0.5. d) Civic uses per block shall not exceed a floor area ratio of 0.6. e) Light industrial and manufacturing uses per block shall not exceed a floor area ratio of 0.45. f) The density of transient lodging uses shall not exceed 26 dwelling units per Town Core gross acre. g) The maximum building height shall be 6 stories, excluding roofs and architectural features. COLLIER COUNTY LAND DEVELOPMENT CODE 4.08.07 I.2.4.08.07 I.2.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC4:192Supp. No. 32 h) There shall be no minimum lot size. i) The maximum block perimeter shall be 2,500 feet. j) Minimum setbacks from all property boundaries shall be 0 feet and the maximum setback from the front boundary shall be 10 feet. The maximum setback from the front boundary may be increased in order to create public spaces such as plazas and courtyards. k) Overhead encroachments such as awnings, balconies, arcades and the like, shall maintain a clear distance of 9 feet above the sidewalk and 15 feet above the street. l) Seating for outdoor dining shall be permitted to encroach into the public sidewalks and shall leave a minimum 6-foot clear pedestrian way between the outdoor dining and the streetscape planting area. m) Buildings within the Town Core shall be made compatible through similar massing, volume, frontage, scale and architectural features. n) The majority of parking spaces shall be provided off-street in the rear of buildings, or along the side (secondary streets), organized into a series of small bays delineated by landscape islands of varied sized. A maximum spacing between landscape islands shall be ten (10) spaces. Landscape islands and tree diamonds shall have a minimum of one tree. Parking is prohibited in front of buildings, except within the right-of-way. Parking structures fronting on a primary street shall either include ground floor retail or have a minimum ten (10) foot wide landscaped area at grade, including one tree per five (5) square feet of landscaped area. Parking structures fronting on a secondary street shall have a minimum ten (10) foot wide, densely landscaped area at grade, including one tree per 250 square feet of landscaped area or 25 linear feet on center. The amount of required parking shall be demonstrated through a shared parking analysis submitted with an SRA designation application. Parking shall be determined utilizing the modal splits and parking demands for various uses recognized by ITE, ULI or other sources or studies. The analysis shall demonstrate the number of parking spaces available to more than one use or function, recognizing the required parking will vary depending on the multiple functions or uses in close proximity which are unlikely to require the spaces at the same time. The shared parking analysis methodology will be determined and agreed upon by the County Transportation staff and the applicant during the pre-application meeting. The shared park- ing analysis shall use the maximum square footage of uses proposed by the SRA development document. o) Streets shall adhere to LDC section 4.08.07 I.1.b. and Figures 1, 2, 3, or 4. At a minimum all proposed streets shall include sidewalks on both sides of the street, parallel to the right-of-way, and a five (5) foot SITE DESIGN AND DEVELOPMENT STANDARDS 4.08.07 I.2.4.08.07 I.2.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC4:193Supp. No. 32 streetscape area between the back of curb and the sidewalk. In these areas, sidewalk protection such as root barriers, a continuous tree pit, and/or structural soils shall be provided, streets shall maintain a minimum average building height to street width ratio of 1:1, excluding landmark buildings. p) Landscaping minimums within the Town Core shall be met by providing landscaping within parking lots as described, and by providing a streetscape area between the sidewalk and curb at a minimum of five (5) feet in width, with trees planted forty (40) feet on-center. The five-foot minimum wide of planting area may be reduced to three (3) feet if sidewalk protection such as root barriers, continuous tree pits, and/or structural soils are provided. The street tree pattern may be interrupted by architectural elements such as arcades and columns. q) General signage standards. Signage requirements shall be as provided for in section 5.06.00, the "Collier County Sign Code." ii. Town Center. The Town Center shall provide a wide range of uses including daily goods and services, culture and entertainment, within walking distance. Like the Town Core, the Town Center is the primary pedestrian zone, designed at human scale to support the walking environment. It is the Main street area of the Town, buildings shall be positioned near the right-of-way line, wide sidewalks shall be shaded by street trees and architectural elements. The following design criteria shall apply within the Town Center, with the exception of civic or institutional buildings, which shall not be subject to the height, building placement, building use, parking, and signage criteria below, but, instead, shall be subject to specific design standards that address these buildings' creating focal points, terminating vistas, and significant community landmarks and that are set forth in the SRA development Document and approved by the BCC. a) Commercial, retail, office, civic, institutional, light industrial and manufacturing, essential services, parks, residential and schools and accessory uses shall be permitted. These uses may occur in shared use buildings or single use buildings. b) The floor area ratio for the total building area within each block shall not exceed 2. c) The floor area ratio for retail and office uses per block shall not exceed 0.5. d) The floor area ratio for civic uses per block shall not exceed 0.6. e) The floor area ratio for light industrial and manufacturing uses per block shall not exceed 0.45. COLLIER COUNTY LAND DEVELOPMENT CODE 4.08.07 I.2.4.08.07 I.2.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC4:194Supp. No. 32 f) The maximum density for transient lodging shall be 26 dwelling units per Town Center gross acre. g) The maximum building height shall be 5 stories, excluding roofs and architectural features. h) The minimum lot area shall be 1,000 square feet. i) The maximum block perimeter shall be 2,500 feet. j) The minimum setbacks shall be 0 from all property boundaries and the maximum setback shall be 10 feet from the front right of way line. k) Overhead encroachments such as awnings, balconies, arcades and the like, must maintain a clear distance of 9 feet above the sidewalk and 15 feet above the street. l) Seating for outdoor dining shall be permitted to encroach the public sidewalks and shall leave a minimum 6-foot clear pedestrian way between the outdoor dining and the streetscape planting area. m) Buildings within the Town Center shall be made compatible through similar massing, volume, frontage, scale and architectural features. n) Streets shall adhere to LDC section 4.08.07 I.1.b. and Figures 1, 2, 3, or 4. At a minimum all proposed streets must include sidewalks on both sides of the street, parallel to the right-of-way, and a 5 foot streetscape area between the back of curb and the sidewalk. Streets shall maintain a minimum average building height to street width ratio of 1:1, excluding landmark buildings. o) Parking space requirements and design are the same as in the Town Core. p) Landscape minimums are the same as in the Town Core. q) Signage requirements are the same as in the Town Core. iii. Neighborhood General. Neighborhood General is predominately residential with a mix of single and multi-family housing. Neighborhood scale goods and services, schools, parks and open space diversify the neighborhoods. The interconnected street pattern is maintained through the Neighborhood General to disperse traffic. Sidewalks and streetscape support the pedestrian environment. The following design criteria shall apply within Neighborhood General: a) Residential, neighborhood scale goods and services, civic, institutional, parks, schools and accessory uses shall be permitted. b) The maximum allowable building height shall be 3.5 stories. SITE DESIGN AND DEVELOPMENT STANDARDS 4.08.07 I.2.4.08.07 I.2.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC4:195Supp. No. 32 c) The maximum block perimeter shall be 3500 feet, except that a larger block perimeter shall be allowed where an alley or pathway provides through access, or the block includes water bodies or public facilities. d) The SRA Development Document shall set forth the development standards for all allowable types of single-family development, which shall, at a minimum, adhere to the following: i) The minimum lot area shall be 1,000 square feet. ii) Parking space requirements and design are the same as in the Town Core, inclusive of garage spaces, with an additional parking space required if an accessory dwelling unit is built. iii) Landscaping shall include a minimum of sixty (60) square feet of shrub planting per lot, on lots that are 3,000 square feet or less in area; eighty (80) square feet on lots that are greater than 3,000 square feet but less than 5,000 square feet in area; and 100 square feet for lots 5,000 square feet or larger in area. Plantings shall be in identified planting areas, raised planters, or planter boxes in the front of the dwelling, with, at a minimum, turf grass for the remainder of the property. e) Multi-family residential uses shall adhere to the following: i) Lots shall be a maximum of 4 acres. ii) Front and side yard setbacks shall be a minimum of 10 feet and rear yard setbacks shall be a minimum of 20 feet for the primary structure and 5 feet for any accessory structures. iii) Porches, stoops, chimneys, bays canopies, balconies and overhangs may encroach into the front yard a maximum of 3 ft. 6 in and a maximum of 3 Ft. into side yards, but no element may encroach into a side yard such that the distance to the property line from the encroaching element is less than 3 Ft. 2 In., except that overhangs may encroach no more than 2 Ft. into any yard. iv) Parking space requirements and design are the same as in the Town Core. v) A minimum of 100 Sq. Ft. of shrub planting shall be required for each 2,000 Sq. Ft. of building footprint, and one tree shall be required for each 4,000 Sq. Ft. of lot area, inclusive of street trees, with such plantings in planting areas, raised planters, or planter boxes in the front of the building and a minimum of turf grass for the remainder of the property. COLLIER COUNTY LAND DEVELOPMENT CODE 4.08.07 I.2.4.08.07 I.2.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC4:196Supp. No. 32 f) Non-residential uses shall adhere to the following: i) All such uses shall be located at intersection corners or street bends and shall not be permitted at mid-block locations; ii) If the non-residential use is a restaurant, grocery store, or convenience store, it shall be located on an alley loaded site; iii) The minimum distance between non-residential uses shall be 1,000 feet, as measured along the street frontage at the right-of-way line; iv) The maximum square footage per use shall be 3,000 square feet and per location shall be 15,000 square feet; v) The use shall have a minimum lot area of not less than the size of the smallest adjacent lot; vi) The minimum setbacks shall be as follows: 0 feet from the front property boundary, a distance from the side property boundary that is equal to the setback of the adjacent property, and a minimum of 20 feet from the rear property boundary for the principal structure and 5 feet from the rear property boundary for any accessory structures; vii) Parking space requirements and design are the same as in the Town Core, with on-street parking provided only along the lot street frontage. No off-street parking shall be permitted between the front façade and the front property line. No off-street parking shall be permitted between the side façade and the street side property line for corner lots. All off-street parking shall be screened from the street and adjacent property by wall, fence and/or landscaping; and viii) Landscaping shall include a minimum of 100 Sq. Ft. of shrub planting per 2,000 Sq. Ft. of building footprint, and one tree per 4,000 Sq. Ft. of lot area, inclusive of street trees. Plantings shall be in planting areas, raised planters, or planter boxes in the front of the building. Minimum of turf grass for the remainder of the property. g) General signage requirements shall be as provided for in LDC section 5.06.00. h) Signage within Neighborhood Goods and Service Zones shall be as provided for in section 5.06.00. i) Streets shall adhere to LDC section 4.08.07 I.1.b and Figures 5, 6, 7, 8, or 10. At a minimum all proposed streets must include sidewalks on both sides of the street, parallel to the right-of-way, and a 5 foot streetscape area between the back of curb and the sidewalk. SITE DESIGN AND DEVELOPMENT STANDARDS 4.08.07 I.2.4.08.07 I.2.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC4:197Supp. No. 32 iv. Neighborhood Edge (optional). Neighborhood Edge is predominately a single-family residential neighborhood. This zone has the least intensity and diversity within the Town. The mix of uses is limited. Residential lots are larger and more open space is evident. The Neighborhood Edge may be used to provide a transition to adjoining rural land uses. The following standards shall apply with the Neighborhood Edge: a) The permitted uses within the Neighborhood Edge are residential, parks, open space, golf courses, schools, essential services, and accessory uses. b) Building heights shall not exceed 2 stories. c) Lots shall have a minimum area of 5,000 square feet with lot dimensions and setbacks to be further defined with the SRA development Document. d) The perimeter of each block may not exceed 5,000 feet, unless an alley or pathway provides through access, or the block includes water bodies or public facilities. e) Parking space requirements and design are the same as in the Town Core, inclusive of garage spaces, with provision for an additional parking space if an accessory dwelling unit is built. f) Landscaping shall include a minimum of 100 Sq. Ft. of shrub planting per lot, with plantings in planting areas, raised planters, or planter boxed in the front of the dwelling and a minimum of turf grass for the remainder of the property. g) Streets shall adhere to LDC section 4.08.07 I.1.b. and to Figures 9, 11, 12, 13, 14, 15, 16, 17, or 18. At a minimum all proposed streets must include a 10-foot pathway on one side of the street with an 8-foot streetscape area between the edge of curb and the pathway. v. Special District (optional). The Special District is intended to provide for uses and development standards not otherwise provided for within the context zones. Special Districts would be primarily single use districts, such as universities, business parks, medical parks and resorts that require unique development standards to ensure compatibility with surrounding neighbor- hoods. The location of Special Districts shall be illustrated on the SRA Master Plan, and uses and development standards shall be defined in detail within the SRA development application for review by Collier County staff. Special Districts could be for uses such as Universities, business or industrial parks, retirement communities, resorts, etc. 3. Village Design Criteria. a. General criteria. i. Villages are comprised of residential neighborhoods and shall include a mixed-use village center to serve as the focal point for the community's support services and facilities. COLLIER COUNTY LAND DEVELOPMENT CODE 4.08.07 I.2.4.08.07 I.3.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC4:198Supp. No. 32 ii. Villages shall be designed in a compact, pedestrian-friendly form. iii. Create an interconnected street system designed to disperse and reduce the length of automobile trips. iv. Offer a range of housing types and price levels to accommodate diverse ages and incomes. Accessory dwelling units shall not count towards the maximum allowed density. v. Be developed in a progressive rural to urban continuum with the greatest density, intensity and diversity occurring within the village center, to the least density, intensity and diversity occurring within the Neighborhood Edge. vi. The SRA document shall demonstrate the urban to rural transition occurring at the Villages limits boundary provides sufficient transition to the adjoining use, such as active agriculture, pasture, rural roadway, etc., and compat- ibility through the use of buffering, open space, land use, or other means. vii. Shall allow signs typically permitted in support of residential uses including for sale, for rent, model home and temporary constructions signs. Specific design and development standards shall be set forth in the SRA document for such signs permitted in residential areas or in conjunction with residential uses. viii. To the extent that LDC section 5.05.08 is applicable within the Urban designated area, SRA Architectural Design Standards shall comply with the provisions of section 5.05.08, unless additional or different design standards that deviate from section 5.05.08, in whole or part, are submitted to the County no later than when the first SRA Site Development Document is submitted for approval. ix. To the extent that LDC section 4.06.00 is applicable within the Urban designated area, SRA Landscape Design and Installation Standards shall comply with the provisions of section 4.06.00, unless additional or different design and installation standards that deviate from LDC section 4.06.00, in whole or in part, are submitted to the County no later than when the first SRA Site Development Document is submitted for approval. b. Transportation Network. The transportation network for a Village shall adhere to the same standards provided for within a Town in accordance with LDC section 4.08.07 I.2.b. c. Parks. A Village shall provide a range of active and passive parks, squares and playgrounds as appropriate to be located within each context zone and Special District. d. Context zones. i. General. a) Villages shall be designed to include a minimum of two Context Zones: Village Center and Neighborhood General. SITE DESIGN AND DEVELOPMENT STANDARDS 4.08.07 I.3.4.08.07 I.3.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC4:199Supp. No. 32 b) Each Zone shall blend into the other without the requirements of buffers. c) Villages may include the Context Zone of Neighborhood Edge. d) Villages may include Special Districts to accommodate uses that require use specific design standards not otherwise provided for within the context zones. e) The SRA Master Plan shall designate the location of each context zone and each Special District. The village center shall be designated in one location. Neighborhood General, Neighborhood Edge and Special District may be designated in multiple locations. f) Context zones are intended to guide the location of uses and their intensity and diversity within a Village, and provide for the establish- ment of the urban to rural continuum. ii. Village center. a) The allowable uses within a village center are commercial, manufactur- ing/light industrial, research and development businesses, retail, office, civic, institutional, essential services, parks, residential and schools and accessory uses. b) Uses may occur in shared use buildings or single use buildings. c) The floor area ratio of any use shall not exceed 2 for the total building area within each block, shall not exceed 0.5 for retail and office uses per block shall not exceed 0.6 for civic uses per block, manufacturing/ light industrial, and research and development businesses shall not exceed 0.45 per block. d) Transient Lodging - 26 dwelling units per village center gross acre. e) Maximum building height - 5 Stories, excluding roofs and architectural features. f) Minimum lot area: 1,000 SF. g) Block Perimeter: 2,500 feet maximum. h) Front setbacks - 0 to 10 feet from the right-of-way line. i) Side setbacks - 0 feet. j) Rear setbacks - 0 feet. k) Overhead encroachments such as awnings, balconies, arcades and the like, must maintain a clear distance of 9 feet above the sidewalk and 15 feet above the street. COLLIER COUNTY LAND DEVELOPMENT CODE 4.08.07 I.3.4.08.07 I.3.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC4:200Supp. No. 32 l) Seating for outdoor dining shall be permitted to encroach the public sidewalks and shall leave a minimum 6-foot clear pedestrian way between the outdoor dining and the streetscape planting area. m) The design of civic or institutional buildings shall not be subject to the specific standards of this subsection which regulate building height, building placement, building use, parking, and signage but, instead, shall be subject so specific design standards that address the perspective of these buildings' creating focal points, terminating vistas, and significant community landmarks and that are set forth in the SRA Development Document and approved by the BCC. n) Buildings within the village center shall be made compatible through similar massing, volume, frontage, scale and architectural features. o) Streets shall adhere to I.1.b. and Figures 1, 2, 3, or 4. At a minimum all proposed streets shall include sidewalks on both sides of the street, parallel to the right-of-way, and a 5 foot streetscape area between the back of curb and the sidewalk. Streets shall maintain a minimum average building height to street width ratio of 1:1, excluding landmark buildings. p) General parking criteria i) On-street parking spaces within the limits of the front property line, as projected into the right-of-way, shall count towards the required number of parking spaces. ii) The majority of parking spaces shall be provided off-street in the rear of buildings, or along the side (secondary streets). Parking is prohibited in front of buildings. iii) Parking areas shall be organized into a series of small bays delineated by landscape islands of varied sized. A maximum spacing between landscape islands shall be 10 spaces. Landscape islands shall have a minimum of one canopy tree. iv) Parking lots shall be accessed from alleys, service lanes or secondary streets. q) The majority of parking spaces shall be provided off-street in the rear of buildings, or along the side (secondary streets), organized into a series of small bays delineated by landscape islands of varied sized. A maximum spacing between landscape islands shall be 10 spaces. Landscape islands and tree diamonds shall have a minimum of one tree. Parking is prohibited in front of buildings, except within the right-of-way. Parking lots shall be accessed from alleys, service lanes or secondary streets. Parking structures fronting on a primary street shall include ground floor retail. Parking structures fronting on a SITE DESIGN AND DEVELOPMENT STANDARDS 4.08.07 I.3.4.08.07 I.3.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC4:201Supp. No. 32 secondary street shall have a minimum 10 feet wide, densely landscaped area at grade, including one tree per 250 square feet of landscaped area or twenty-five (25) lineal feet on-center. The amount of required parking shall be demonstrated through a shared parking analysis submitted with an SRA designation application. Parking shall be determined utilizing the modal splits and parking demands for various uses recognized by ITE, ULI or other sources or studies. The analysis shall demonstrate the number of parking spaces available to more than one use or function, recognizing the required parking will vary depending on the multiple functions or uses in close proximity which are unlikely to require the spaces at the same time. r) Landscaping minimums within the village center shall be met by providing landscaping within parking lots as described, and by providing a streetscape area between the sidewalk and curb at a minimum of 5 feet in width. In these areas, sidewalk protection such as root barriers, continuous three pits, and/or structural soils shall be provided. Trees shall be planted forty (40) feet on-center. The street tree pattern may be interrupted by architectural elements such as arcades and columns. s) Signage standards within the village center shall comply with those provided in the Town Center. iii. Neighborhood General. Design standards for the Neighborhood General within a Village shall be the same as defined within a Town. iv. Neighborhood Edge (optional). Design standards for the Neighborhood Edge within a Village shall be the same as defined within a Town. v. Special District (optional). The Special District is intended to provide for uses and development standards not otherwise provided for within the context zones. Uses and development standards shall be defined in detail within the SRA development application for review by Collier County staff. 4. Compact Rural Development Criteria. a. General criteria. i. Compact Rural Development (CRD) is a form of SRA that is a maximum of 300 acres and intended to support and further Collier County's valued attributes of agriculture, natural resources, and economic diversity. ii. Primary CRD uses shall be those associated with and needed to support agriculture, natural resources, research, education, convenience retail, tour- ism, or recreation. iii. A CRD may include, but is not required to have permanent residential housing and the services and facilities that support permanent residents. COLLIER COUNTY LAND DEVELOPMENT CODE 4.08.07 I.3.4.08.07 I.4.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC4:202Supp. No. 32 iv. As residential units are not a required use, those goods and services that support residents such as retail, office, civic, governmental and institutional uses shall also not be required, however for any CRD that does include permanent residential housing, the proportionate support services shall be provided in accordance with LDC section 04.08.07 I.1. An example of a CRD is an ecotourism village that would have a unique set of uses and support services different from a traditional residential village. It would contain transient lodging facilities and services appropriate to eco-tourists, but may not provide for the range of services that are necessary to support permanent residents. b. Transportation Network. i. The transportation network shall provide for a high level of mobility for all travelers through a design that accommodates a variety of travel modes. ii. The transportation network shall be designed in an interconnected system of local roads and pathways. c. Parking. i. Parking for non-residential uses may be provided on-street, off-street, and within parking structures. ii. Parking shall be determined utilizing the modal splits and parking demands for various uses recognized by ITE, ULI or other sources or studies. The analysis shall demonstrate the number of parking spaces available to more than one use or function, recognizing the required parking will vary depend- ing on the multiple functions or uses in close proximity which are unlikely to require the spaces at the same time. d. Landscaping and buffering. Landscaping and buffering shall be provided in accordance with LDC section 4.06.00, except a Type B Buffer shall also be required around the perimeter of the CRD in accordance with LDC section 4.06.02, unless additional or different design standards that deviate from LDC section 4.06.02, in whole or part, approved by the County as part of the SRA Development Document or any amendment to the SRA Development Document. e. General signage standards. Signage requirements shall be as provided for in LDC section 5.06.00. f. Open space. i. For CRDs that include residential: a) A minimum of 35 percent of the CRD must be provided as open space within the CRD; and b) A minimum of one percent of the CRD shall be provided as public green within neighborhoods. SITE DESIGN AND DEVELOPMENT STANDARDS 4.08.07 I.4.4.08.07 I.4.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC4:203Supp. No. 32 ii. For CRDs with only non-residential uses, a minimum of 30 percent of the CRD must be provided as open space within the CRD. g. Primary non-residential CRD uses shall adhere to the following: i. Non-residential uses are limited to business, industry, and uses associated with and needed to support agriculture, natural resources, research, educa- tion, convenience retail, tourism, or recreation. ii, Civic, institutional, and governmental uses are permitted. iii. Uses may occur in shared use buildings or single use buildings. iv. See LDC section 4.08.07.I, Table C. for maximum floor area ratios. v. The maximum building height shall be 4 stories, excluding roofs and architectural features. vi. Setbacks and allowable encroachments shall be further defined within the SRA Development Document. h. Residential and supporting non-residential uses shall adhere to the following: i. If permanent residential housing is included in the CRD, the number of residential units shall be limited to be equivalent with the demand generated by a maximum of two (2) units per acre. ii. Retail and office uses may be permitted in conjunction with residential uses in the CRD but shall not exceed a floor area ratio of 0.5. iii. Convenience goods and services may be permitted in conjunction with residential uses in the CRD but shall be built at a minimum of 10 square feet of gross building area per residential dwelling unit within the CRD. Such uses shall be located at intersection corners or street bends and shall not be permitted at mid-block locations. iv. The maximum building height shall be 3 stories, but no greater than 35 feet. v. Residential uses in the CRD shall be located abutting residentially zoned land where feasible. vi. Setbacks and allowable encroachments shall be based upon the most similar residential zoning district to the proposed residential use found in LDC section 04.02.01. For non-residential support services, the minimum setbacks shall be consistent with the least restrictive setbacks of the adjoining property. 5. Design Criteria Common to SRAs. a. Parcels of one (1) acre or more, with a Natural Resource Index rating greater than 1.2, must be preserved as open space and maintained in a predominantly naturally COLLIER COUNTY LAND DEVELOPMENT CODE 4.08.07 I.4.4.08.07 I.5.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC4:204Supp. No. 32 vegetated state, except the infrastructure necessary to serve the permitted uses may be exempt from this restriction if such infrastructure is designed to minimize the impacts to any such areas. b. A minimum of thirty-five (35) percent of the SRA land designated as Town or Village shall be kept in open space. c. SRA design shall demonstrate that ground water table draw down or diversion will not adversely impact the hydroperiods of adjacent FSA, HSA, WRA or Conservation Land and will not adversely affect the water use rights of either adjacent developments or adjacent agricultural operations and will comply with the SFWMD Basis of Review. Detention and control elevations shall be established to protect natural areas and be consistent with surrounding land and project control elevations and water tables. d. Where an SRA adjoins an FSA, HSA, WRA or existing public or private conservation land delineated on the RLSA Overlay Map, best management and planning practices shall be applied to minimize adverse impacts to such lands. Best management practices shall include the following: i. The perimeter of each SRA shall be designed to provide a transition from higher density and intensity uses within the SRA to lower density and intensity uses on adjoining property. The edges of SRAs shall be well defined and designed to be compatible with the character of adjoining property. Techniques such as, but not limited to setbacks, landscape buffers, and recreation/open space placement may be used for this purpose. ii. Open space within or contiguous to an SRA shall be used to provide a buffer between the SRA and any adjoining FSA, HSA, or existing public or private conservation land delineated on the RLSA Overlay Map. Open space contiguous to or within 300 feet of the boundary of an FSA, HSA, or existing public or private conservation land may include: natural preserves, lakes, golf courses provided no fairways or other turf areas are allowed within the first 200 feet, passive recreational areas and parks, required yard and set-back areas, and other natural or man-made open space. Along the west boundary of the FSAs and HSAs that comprise Camp Keais Strand, i.e., the area south of Immokalee Road, this open space buffer shall be 500 feet wide and shall preclude golf course fairways and other turf areas within the first 300 feet. e. Where a WRA is incorporated into the stormwater system of an SRA, the provisions of LDC section 4.08.06 A.4.b. apply. f. Where existing agricultural activity adjoins an SRA, the design of the SRA must take this activity into account to allow for the continuation of the agricultural activity and to minimize any conflict between agriculture and SRA uses. g. An SRA proposed to adjoin lands designated as Open Lands shall provide the opportunity for direct vehicular and pedestrian connections from said areas to the County's arterial/collector roadway network as shown on MPO's Long Range Transportation Needs Plan. SITE DESIGN AND DEVELOPMENT STANDARDS 4.08.07 I.5.4.08.07 I.5.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC4:205Supp. No. 32 h. Public and private roads within an SRA shall be maintained by the SRA it serves. Signalized intersections within or adjacent to an SRA that serves the SRA shall be maintained by the SRA it serves. i. To the extent required to mitigate an SRA's traffic impacts, actions may be taken to include, but shall not be limited to, provisions for the construction and/or permitting of wildlife crossing, environmental mitigation credits, right of way dedication(s), water management and/or fill material which may be needed to expand the existing or proposed roadway network. Any such actions to offset traffic impacts shall be memorialized in a developer's contribution agreement. These actions shall be considered within the area of significant influence of the project traffic on existing or proposed roadways that are anticipated to be expanded or constructed. 6. Infrastructure Required. An SRA shall have adequate infrastructure available to serve the proposed development, or such infrastructure must be provided concurrently with the demand as identified in Chapter 6 of the LDC. The level of infrastructure required will depend on the type of development, accepted civil engineering practices, and the requirements of this Section. a. The capacity of infrastructure serving the SRA must be demonstrated during the SRA designation process in accordance with the provisions in Chapter 6 of the LDC in effect at the time of SRA designation. b. Infrastructure to be analyzed will include facilities for transportation, potable water, wastewater, irrigation water, stormwater management, and solid waste. c. Centralized or decentralized community water and wastewater utilities are required in Towns and Villages. Centralized or decentralized community water and wastewater utilities shall be constructed, owned, operated and maintained by a private utility service, the developer, a Community Development District, other special districts such as the Immokalee Water Sewer Service District, Collier County Water and Sewer District, or other governmental entity. This Section shall not prohibit innovative alternative water and wastewater treatment systems such as decentralized com- munity treatment systems provided that they meet all applicable regulatory criteria. d. Individual potable water supply wells and septic systems, limited to a maximum of 100 acres of any Town or Village are permitted on an interim basis until services from a centralized/decentralized community system are available. e. Individual potable water supply wells and septic systems may be permitted in CRDs. 7. Requests for Deviations from the LDC. The SRA Development Document or any amendments to the SRA Development Document may provide for nonprocedural deviations from the LDC, provided that all of the following are satisfied: a. The deviations are consistent with the RLSA District ; and b. It can be demonstrated that the proposed deviation(s) further enhance the tools, techniques and strategies based on principles of innovative planning and develop- ment strategies, as set forth in section 163.3248, F.S. COLLIER COUNTY LAND DEVELOPMENT CODE 4.08.07 I.5.4.08.07 I.7.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC4:206Supp. No. 32 J. 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 assess- ments may also indicate the degree to which the SRA is consistent with the fiscal neutrality requirements of Section 4.08.07 K. Impact assessments shall be prepared in the following infrastructure areas: 1. Transportation. A transportation impact assessment meeting the requirements of Chapter 10 of the LDC or its successor regulation or procedure, shall be prepared by the applicant as component of an Impact Assessment Report that is submitted as part of an SRA Designation Application package. a. In addition to the standard requirements of the analyses required above, the transportation impact assessment shall specifically consider, to the extent applicable, the following issues related to the highway network: i. Impacts to the level of service of impacted roadways and intersections, comparing the proposed SRA to the impacts of conventional Baseline Standard development; ii. Effect(s) of new roadway facilities planned as part of the SRA Master Plan on the surrounding transportation system; and iii. Impacts to agri-transport issues, especially the farm-to-market movement of agricultural products. b. The transportation impact assessment, in addition to considering the impacts on the highway system, shall also consider vehicular, bicycle/pedestrian, public transit, internal circulators, and other modes of travel/movement within and between SRAs and areas outside development and land uses. c. No SRA shall be approved unless the transportation impact assessment required by this Section has demonstrated through data and analysis that the capacity of County/State collector or arterial road(s) serving the SRA to be adequate to serve the intended SRA uses in accordance with Chapter 6 of the LDC in effect at the time of SRA designation. 2. Potable Water. A potable water assessment shall be prepared by the applicant as a component of an Impact Assessment Report that is submitted as part of an SRA Designation Application package. The assessment shall illustrate how the applicant will conform to either Florida Administrative Code for private and limited use water systems, or for Public Water Systems. In addition to the standard requirements of the analyses required above, the potable water assessment shall specifically consider, to the extent applicable, the disposal of waste products, if any, generated by the proposed treatment process. The applicant shall identify the sources of water proposed for potable water supply. 3. Irrigation Water. An irrigation water assessment shall be prepared by the applicant as a component of an Impact Assessment Report that is submitted as part of an SRA Designation SITE DESIGN AND DEVELOPMENT STANDARDS 4.08.07 J.4.08.07 J.3.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC4:207Supp. No. 32 Application package. The assessment shall quantify the anticipated irrigation water usage expected at the buildout of the SRA. The assessment shall identify the sources of water proposed for irrigation use and shall identify proposed methods of water conservation. 4. Wastewater. A wastewater assessment shall be prepared by the applicant as a component of an Impact Assessment Report that is submitted as part of an SRA Designation Application package. The assessment shall illustrate how the applicant will conform to either Standards for Onsite Sewage Treatment and Disposal Systems, contained in Florida Administrative Code for systems having a capacity not exceeding 10,000 gallons per day or for wastewater treatment systems having a capacity greater than 10,000 gallons per day. In addition to the standard requirements of the analyses required above, the wastewater assessment shall specifically consider, to the extent applicable, the disposal of waste products generated by the proposed treatment process. 5. Solid waste. A solid waste assessment shall be prepared by the applicant as a component of an Impact Assessment Report that is submitted as part of an SRA Designation Application package. The assessment shall identify the means and methods for handling, transporting and disposal of all solid waste generated including but not limited to the collection, handling and disposal of recyclables and horticultural waste products. The applicant shall identify the location and remaining disposal capacity available at the disposal site. 6. Stormwater Management. A stormwater management impact assessment shall be prepared by the applicant as a component of an Impact Assessment Report that is submitted as a part of an SRA Designation Application Package. The stormwater management impact assess- ment shall, at a minimum, provide the following information: a. An exhibit showing the boundary of the proposed SRA including the following information: i. The location of any WRA delineated within the SRA; ii. A generalized representation of the existing stormwater flow patterns across the site including the location(s) of discharge from the site to the downstream receiving waters; iii. The land uses of adjoining properties and, if applicable, the locations of stormwater discharge into the site of the proposed SRA from the adjoining properties. b. A narrative component to the report including the following information: i. The name of the receiving water or, if applicable, FSA or WRA to which the stormwater discharge from the site will ultimately outfall; ii. The peak allowable discharge rate (in CFS/acre) allowed for the SRA per Collier County Ordinance No. 90-10 or its successor regulation; iii. If applicable, a description of the provisions to be made to accept stormwater flows from surrounding properties into, around, or through the constructed surface water management system of the proposed development; COLLIER COUNTY LAND DEVELOPMENT CODE 4.08.07 J.3.4.08.07 J.6.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC4:208Supp. No. 32 iv. The types of stormwater detention areas to be constructed as part of the surface water management system of the proposed development and water quality treatment to be provided prior to discharge of the runoff from the site; and v. If a WRA has been incorporated into the stormwater management system of an SRA, the report shall demonstrate compliance with provisions of Section 4.08.06 A.4.b. 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: a. School Impact Analysis (SIA) for a determination of school capacity only (refer to section 10.04.09 for SIA requirements); and b. The potential for locating a public educational facility or facilities within the SRA, and the location(s) of any site(s) that may be dedicated or otherwise made available for a public educational facility. K. SRA Economic Assessment. An Economic Assessment meeting the requirements of this Section shall be prepared and submitted as part of the SRA Designation Application Package. At a minimum, the analysis shall consider the following public facilities and services: transportation, potable water, wastewater, irrigation water, stormwater management, solid waste, parks, law enforcement, emergency medical services, fire, and schools. Development phasing and funding mechanisms shall address any adverse impacts to adopted minimum levels of service pursuant to Chapter 6 of the LDC. 1. Demonstration of Fiscal Neutrality. Each SRA must demonstrate that its development, as a whole, will be fiscally neutral or positive to the Collier County tax base. This demonstration will be made for each unit of government responsible for the services listed above, using one of the following methodologies: a. Collier County Fiscal Impact Model. The fiscal impact model officially adopted and maintained by Collier County. b. Alternative Fiscal Impact Model. If Collier County has not adopted a fiscal impact model as indicated above, the applicant may develop an alternative fiscal impact model using a methodology approved by Collier County. The BCC may grant exceptions to this policy of fiscal neutrality to accommodate affordable or workforce housing. 2. Imposition of Special Assessments. If the Report identifies a negative fiscal impact of the project to a unit of local government referenced above, the landowner will accede to a special assessment on his property to offset such a shortfall or in the alternative make a lump sum payment to the unit of local government equal to the present value of the estimated shortfall. The BCC may grant a waiver to accommodate affordable housing. 3. Special Districts Encouraged in SRAs. The use of community development districts (CDDs), Municipal Service Benefit Units (MSBUs), Municipal Service Taxing Units (MSTUs), or other special districts shall be encouraged in SRAs. When formed, the special districts shall SITE DESIGN AND DEVELOPMENT STANDARDS 4.08.07 J.6.4.08.07 K.3.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC4:209Supp. No. 32 encompass all of the land designated for development in the SRA. Subsequent to formation, the special district will enter into an Interlocal Agreement with the County to assure fiscal neutrality. As outlined above, if the monitoring reveals a shortfall of net revenue, the special district will impose the necessary remedial assessment on lands in the SRA. L. The BCC may, as a condition of approval and adoption of an SRA development, require that suitable areas for parks, schools, and other public facilities be set aside, improved, and/or dedicated for public use. When the BCC requires such a set aside for one or more public facilities, the set aside shall be subject to section 2.03.06, in the same manner as are public facility dedications required as a condition of PUD rezonings. (Ord. No. 05-27, § 3.AA; Ord. No. 09-43, § 3.A; Ord. No. 10-23, § 3.AA; Ord. No. 15-44, § 3.H; Ord. No. 20-44, § 3.F; Ord. No. 25-55, § 3.E) 4.08.08 Reserved. Editor’s note—Ord. No. 05-27, § 3.BB, repealed § 4.08.08 in its entirety. Formerly, said section pertained to baseline standards as enacted by Ord. No. 04-41. COLLIER COUNTY LAND DEVELOPMENT CODE 4.08.07 K.3.4.08.08 ______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC4:210Supp. No. 32 b. Barbed wire, razor wire, spire tips, sharp objects, or electronically charged fences are prohibited, except that the County Manager or designee may allow the use of barbed wire in conjunction with a fence for facilities where a security hazard may exist, such as a utility substation, sewage treatment plant, or similar use. G. Supplemental Standards. 1. Fences on sites with structures which are subject to LDC section 5.05.08 Architectural & Site Design Standards, except for residential properties located in the IUAOD, must comply with the following additional standards: a. Chain link (including wire mesh) and wood fences are prohibited forward of the primary façade and shall be a minimum of 100 feet from a public right-of-way. If these types of fences face a public or private street then they shall be screened with an irrigated hedge planted directly in front of the fence on the street side. Plant material shall be a minimum of 3 gallons 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 height of the adjacent fence. b. Fences forward of the primary façade, excluding chain link, wire mesh and wood are permitted under the following conditions: i. Fences shall not exceed 4 feet in height. ii. The fence provides either an open view at a minimum of 25 percent of its length or provides variation in its height for a minimum of 15 percent of its length with a deviation of at least 12 inches. iii. The fence style must complement building style through material, color and design. 2. Use of chain link or wire mesh fencing (the requirements of this section are not applicable to single family dwellings): a. If located adjacent to an arterial or collector road in the urban coastal area, the fence shall be placed no closer than three feet to the edge of the right-of-way or property line. b. Except when located in the IUAOD, the fence shall be screened by an irrigated, living plant hedge at least thirty (30) inches in height at planting and spaced a distance apart that will achieve opacity of 80 percent sight-obscuring screen within one year of planting. c. Residential properties within the IUAOD shall allow coated chain link fences (black or green) which shall not exceed four feet in height. 3. Barbed wire is only authorized within agricultural, commercial, industrial districts and on fences surrounding 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 jail or penitentiary, or by application and decision by the County Manager or designee. SUPPLEMENTAL STANDARDS 5.03.02 F.5.5.03.02 G.3.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC5:7Supp. No. 32 H. Wall requirement between residential and nonresidential development. Whenever a nonresidential development lies contiguous 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 following standards. 1. Height and Location. a. If located on a contiguous property, then height shall be 6 feet to 8 feet and placement shall be no less than 6 feet from the residentially zoned district. b. If located on a property opposite a residentially zoned district but fronting on a local street or roadway, or the properties are separated by a platted alley, then height shall be 4 feet and placement shall be a minimum of 3 feet from the rear of the right-of-way landscape buffer line. c. If a property fronts on more than 1 street, then height shall be 6 feet and placement 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. d. These regulations shall not be construed to require a masonry wall and/or fence for properties used as golf courses or preserve areas and non-residential development fronting 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. 2. Landscaping requirements. a. When the placement is within the required landscape buffers, then the required vegetative plantings and irrigation 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 vegetative material. b. When the placement is outside of a required landscape buffer, then the wall and/or fence shall be screened with an abutting, continuous irrigated hedge on the external side such that 50 percent of the wall and/or fence is screened within 1 year of the installation of the vegetative material. 3. Timing of installation. a. The wall and/or fence shall be constructed following site plan approval but prior to the occurrence of any vertical construction or other site improvements. At the County Manager or designee's discretion, if site conditions warrant, the wall may be constructed in phases and/or after vertical construction or site improvements commence, depending upon the location of affected residential areas. 4. Deviation from wall requirement. a. At the applicant's request, the County Manager or designee may determine that a masonry wall and/or fence is not warranted, particularly where the local street lies contiguous to the rear of a residence or some other physical separation exists COLLIER COUNTY LAND DEVELOPMENT CODE 5.03.02 H.5.03.02 H.4.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC5:8Supp. No. 32 between 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 wall, by providing an alternative design and a descriptive narrative through an Administrative Fence Waiver application, as set forth in the Administrative Code. The County Manager or designee 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. I. Special fences and walls. 1. Sound Walls: a. Sound walls erected by, or at the direction of, any government entity for purposes of attenuating sound from an interstate, collector or arterial roadway shall be exempt from height restrictions. 2. Public utility ancillary facilities. a. See subsection 5.05.12. (Ord. No. 05-27, § 3.EE; Ord. No. 08-63, § 3.S; Ord. No. 10-23, § 3.CC; Ord. No. 12-38, § 3.S; Ord. No. 14-33, § 3.M; Ord. No. 25-56, § 3.E) 5.03.03 Guesthouses Where a guesthouse is an allowable use, it shall be permitted only in compliance with the following standards. See LDC section 1.08.02 Guesthouse for additional information. A. No guest accommodation facility in a single-family residential district, whether a freestanding guest house or guest accommodations which are structurally integrated with the main dwelling, may be utilized for commercial purposes. B. Leasing or renting a guest accommodation facility shall constitute a violation of this LDC. C. If a main residence is leased or rented, a guest accommodation facility accessory to it may not be occupied by the property owner, since that would constitute the unlawful utilization of single-family zoned property for two-family dwelling purposes. D. The following site design standards apply to all guest houses: 1. Minimum lot area shall be 43,560 square feet. 2. Minimum lot width shall be 105 feet. 3. The maximum floor area shall be forty (40) percent of the air-conditioned, enclosed living area (excluding garages, carports, patios, porches, utility areas, and the like) of the principal dwelling. 4. Detached guest houses shall not be closer than twenty (20) feet to the principal dwelling. SUPPLEMENTAL STANDARDS 5.03.02 H.4.5.03.03 D.4.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC5:9Supp. No. 32 E. A guesthouse may be constructed prior to a principal dwelling, provided the guest house meets the minimum requirements of a single-family residence in the district in which it is being constructed. At such time as a principal residence is constructed, then the floor area percentages listed above shall apply. (Ord. No. 14-33, § 3.N) 5.03.04 Dumpsters and Recycling Solid waste disposal and recycling (Ordinance No. 04-50) shall be required in the form of bulk container service (garbage and recycling receptacles) for all commercial and industrial establishments and multi-family projects not receiving curbside garbage and recycling pickup. Solid waste disposal and recycling shall be required in the form of curbside pickup for all units on the Mandatory Trash Collection and Disposal roll. All individual units within a deed-restricted area must have an enclosed location other than the residential structure, such as a carport or garage for the storage of individual solid waste containers, or as otherwise permitted below. A. Trash container location requirements: 1. All trash or recycle receptacles shall be located so as to be easily accessible to the residents and the solid waste hauler. 2. Dumpsters and their enclosures may be located within a required yard provided that they do not encroach into a required landscape area and that there is no blockage of view of motorists or pedestrians that would constitute a safety hazard. 3. For multi-family residential developments having more than one structure, no dumpster shall be located more than 250 feet from the structure that it is intended to serve (unless a compactor is used for service). 4. All projects subject to the provisions of LDC section 5.05.08 shall locate trash containers in accordance with the relevant provisions of that section. B. Access to trash containers. The access approach to the container should be sufficient to accommodate a vehicle requiring a minimum clear width of 10 feet and a minimum clear turning radius of 50 feet when directly accessing a public street. Containers and enclosures shall be placed such that the accessing vehicles are not required to maneuver in the adjacent travel lanes of any street. When backing maneuvers are required to permit the vehicle to exit from the container, provision shall be made to provide an apron at least 10 feet wide and 60 feet in length adjacent to the container. C. Container quantities. In the case of multi-family developments and commercial and industrial businesses that do not receive curbside service and choose to use dumpster service, at least one standard size bulk container (garbage dumpster) shall be required for trash disposal and at least one receptacle for recycling. Prior to site development plan submittal, the contractor, developer or homeowner's association must contact Collier County Utility Building and Customer Service to estimate the number and sizes of bulk containers needed. D. Enclosure dimensions. Enclosures for dumpsters shall have minimum internal dimensions of 12 by 12 feet with a separate area for recycling receptacles enclosed by vegetative screening. An alternative is an enclosure with minimum internal dimensions of 12 by 24 feet for no less than two standard COLLIER COUNTY LAND DEVELOPMENT CODE 5.03.03 E.5.03.04 D.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC5:10Supp. No. 32 receptacles contained inside (one for garbage and one for recycling). If equipped with gates, the clear opening dimension shall be a minimum of 12 feet or 24 feet depending on enclosure style, as defined in this paragraph and the gates must be provided with a device to hold them open. E. Container screening. Except as noted below, all receptacles shall be screened on at least 3 sides from view of adjacent property owners and from adjacent streets on the first-floor level. All enclosures must have a cement pad as the floor of the enclosure. This screening shall not be subject to height limitations for fences, provided that the vision of motorists on adjacent streets remains unobstructed. Screening may be exempted: 1. In I (Industrial) zoning, so long as the containers are located more than 200 feet from residentially zoned or used property, and are not located within front yards; 2. In A (Rural Agricultural) zoning in conjunction with a bona fide agricultural use; and 3. During construction in all zoning districts. Screening material shall consist of a wood fence, concrete block and stucco wall, brick wall, masonry wall, or walls of similar material. For only those projects subject to the provisions of section 5.05.08, trash enclosure walls or gates made of chain link or wood are not acceptable. F. Compactors. Multi-family developments may substitute garbage compactors for garbage dumpsters or curbside pickup to dispose of non-recyclable material with the following restrictions; for individually owned multi-family units (condominiums), compactor service may only be implemented by the developer prior to the sale of the first unit (subsequent to that time, a change from curbside or dumpster service to compactor service may only be achieved through a majority vote by the homeowner's association); for multi-family developments containing more than one structure, the property owner may implement compactor service at any time, so long as the compactor has the capacity to accept an item of furniture having dimensions of up to 3 by 12 feet. G. Curbside pickup. The County Manager or his designee, may approve curbside pickup in lieu of dumpsters or compactors for individually owned multi-family developments provided that the following criteria are met. Multi-family rental units must provide dumpsters or a compactor. Condominium developments may substitute curbside pickup for dumpsters or compactors so long as satisfactory documentation is presented to the County Manager or his designee that: 1. The subject condominium association has voted in the majority to eliminate the use of dumpsters or compactors in favor of curbside pickup for all or part of the development, 2. There is adequate access to facilitate curbside pickup, and 3. All individual units have an enclosed location other than the residential structure, such as a carport or garage, for the storage of individual solid waste containers. H. Non-Compliance. In the event that a property owner experiences a Substantial Hardship, as defined in Ordinance No. 2004-50, Section 5(FF), or if due to specific site conditions Ordinance No. 2004-50, Section 17(B), is unable to conform with the provisions contained herein, the property owner, or his designee, shall complete and submit an application for an administrative variance pursuant to Ordinance No. 2004-50, Section 17(A) and (B). 1. The process for requesting an administrative variance shall be as follows: a. Complete an administrative variance form, which is available from the Utility Billing & Customer Service Department, at the Utility Billing & Customer Service office, or by downloading the form from the County Website (www.colliergov.net). SUPPLEMENTAL STANDARDS 5.03.04 D.5.03.04 H.1.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC5:11Supp. No. 32 b. Deliver the form to the Utility Billing & Customer Service Department along with all requested information. c. Within five business days of receiving the administrative variance form, the County Manager or his designee will contact the property owner, or his designee to review the administrative variance request. d. The County Manager or his designee and the property owner, or his designee shall jointly develop a solution that complies with Ordinance No. 2004-50 and meets the intent of this section 5.03.04 of the Collier County Land Development Code. I. If the County Manager or his designee and the property owner, or his designee, are unable to resolve the conflict, the property owner, or his designee shall request a Variance in accordance with Section 9.04.00 of the Collier County Land Development Code. (Ord. No. 04-72, § 3.S) 5.03.05 Caretaker Residences The County Manager or designee may authorize the construction of a caretaker's residence in the C-1, C-2, C-3, C-4, C-5, and I zoning districts subject to the following: A. The residence shall be constructed as an integral part of the principal structure and shall be entered from within the principal structure. Exits required to comply with fire code shall be permitted. B. The caretaker's residence shall be an accessory use and shall be for the exclusive use of the property owner, tenant, or designated employee operating or maintaining the principal structure. C. Off-street parking shall be as required for a single-family residence in accordance with section 4.04.00. D. Any other requirement which the County Manager or designee determines necessary and appropriate to mitigate adverse impacts of such use in the district. (Ord. No. 14-33, § 3.O) 5.03.06 Dock Facilities A. Generally. Docks and the like are primarily intended to adequately secure moored vessels and provide safe access for routine maintenance and use, while minimally impacting navigation within any adjacent navigable channel, the use of the waterway, the use of neighboring docks, the native marine habitat, manatees, and the view of the waterway by the neighboring property owners. B. Allowable uses. The following uses may be permitted on waterfront property: 1. Individual or multiple private docks. 2. Mooring pilings. 3. Davits or lifts. 4. Boathouses. COLLIER COUNTY LAND DEVELOPMENT CODE 5.03.04 H.1.5.03.06 B.4.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC5:12Supp. No. 32 5. Boat lift canopies. C. Measurement of dock protrusions and extensions. 1. Measurement is made from the most restrictive of the following: property line, bulkhead line, shoreline, seawall, rip-rap line, control elevation contour, or mean high water line (MHWL). 2. On manmade waterways less than 100 feet in width, where the actual waterway has receded from the platted waterfront property line, the County Manager or Designee may approve an administrative variance allowing measurement of the protrusion from the existing MHWL, provided that: a. A signed, sealed survey no more than 60 days old is provided showing the location of the MHWL on either side of the waterway at the site, as well as any dock facilities on the subject property and the property directly across the waterway; and b. At least 50% of the true waterway width, as depicted by the survey, is maintained for navigability. 3. On manmade canals 60 feet or less in width, which are not reinforced by a vertical seawall or bulkhead, at least 33 percent of the true waterway width, as depicted by the survey, must be maintained for navigability. 4. The allowable protrusion of the facility into the waterway shall be based on the percentages described in subsection 5.03.06(E)(2) of this LDC as applied to the true waterway width, as depicted by the survey, and not the platted canal width. D. Determination as principal or accessory use. 1. On unbridged barrier islands, a boat dock shall be considered a permitted principal use; however, a dock shall not, in any way, constitute a use or structure which permits, requires, and/or provides for any accessory uses and/or structures. 2. Boathouses and dock facilities proposed on residentially zoned properties, as defined in section 2.02.02 of this LDC, shall be considered an accessory use or structure. 3. Any covered structure erected on a private boat dock shall be considered an accessory use, and shall also be required to be approved through the procedures and criteria of subsections 5.03.06(G) and 5.03.06(F) of this LDC. E. Standards for dock facilities. The following criteria apply to dock facilities and boathouses, with the exception of dock facilities and boathouses on manmade lakes and other manmade bodies of water under private control. 1. For lots on a canal or waterway that is 100 feet or greater in width, no boathouse or dock facility/boat combination shall protrude more than 20 feet into the waterway (i.e. the total protrusion of the dock facility plus the total protrusion of the moored vessel). 2. For lots on a canal or waterway that is less than 100 feet in width, dock facilities may occupy no more than 25 percent of the width of the waterway or protrude greater than 20 feet into the waterway, whichever is less. SUPPLEMENTAL STANDARDS 5.03.06 B.5.5.03.06 E.2.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC5:13Supp. No. 32 3. On manmade canals 60 feet or less in width, which are not reinforced by a vertical seawall or bulkhead, dock facilities may protrude up to 33 percent of the width of the waterway, provided that the procedures outlined in section 5.03.06(C) are followed. 4. For lots on unbridged barrier islands located within state aquatic preserves, protrusion limits, setbacks, and deck area shall be determined by the applicable Florida Department of Environmental Protection (DEP) regulations in effect at the time of permit application, and the protrusion limits above shall not apply. All required DEP permits for a dock facility must be obtained prior to the issuance of a Collier County building permit for the facility. 5. All dock facilities on lots with water frontage of 60 feet or greater shall have a side setback requirement of 15 feet, except as provided in subsections 5.03.06(E) or 5.03.06(F) of this LDC or as exempted below. 6. All dock facilities, except boathouses, on lots with less than 60 feet of water frontage shall have a side setback requirement of 7.5 feet. 7. All dock facilities, except boathouses, on lots at the end or side end of a canal or waterway shall have a side setback requirement of 7.5 feet as measured from the side lot line or riparian line, whichever is appropriate. 8. Riparian lines for lots at the end or side end of a waterway with a regular shoreline shall be established by a line extending from the corner of an end lot and side end lot into the waterway bisecting equidistantly the angle created by the 2 intersecting lots. 9. Riparian lines for all other lots shall be established by generally accepted methods, taking into consideration the configuration of the shoreline, and allowing for the equitable apportionment of riparian rights. Such methods include, but are not limited to, lines drawn perpendicular to the shoreline for regular (linear) shorelines, or lines drawn perpendicular to the centerline (thread) of the waterway, perpendicular to the line of deep water (line of navigability or edge of navigable channel), as appropriate, for irregular shorelines. 10. All dock facilities, regardless of length and/or protrusion, shall have reflectors and house numbers, no less than 4 inches in height, installed at the outermost end on both sides. For multi-family developments, the house number requirement is waived. 11. Multi-slip docking facilities with 10 or more slips will be reviewed for consistency with the Manatee Protection Plan ("MPP") adopted by the BCC and approved by the DEP. If the location of the proposed development is consistent with the MPP, then the developer shall submit a "Manatee Awareness and Protection Plan," which shall address, but not be limited to, the following categories: a. Education and public awareness. b. Posting and maintaining manatee awareness signs. c. Information on the type and destination of boat traffic that will be generated from the facility. d. Monitoring and maintenance of water quality to comply with state standards. COLLIER COUNTY LAND DEVELOPMENT CODE 5.03.06 E.3.5.03.06 E.11.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC5:14Supp. No. 32 e. Marking of navigational channels, as may be required. F. Standards for boathouses. Boathouses, including any roofed structure built on a dock, shall be reviewed by the Hearing Examiner, or if the Hearing Examiner has a conflict, then by the Planning Commission, according to the following criteria, all of which must be met in order for the Hearing Examiner or Planning Commission to approve the request: 1. Minimum side setback requirement: Fifteen feet. 2. Maximum protrusion into waterway: Twenty-five percent of canal width or 20 feet, whichever is less. The roof alone may overhang no more than 3 feet into the waterway beyond the maximum protrusion and/or side setbacks. 3. Maximum height: Fifteen feet as measured from the top of the seawall or bank, whichever is more restrictive, to the peak or highest elevation of the roof. 4. Maximum number of boathouses or covered structures per site: One. 5. All boathouses and covered structures shall be completely open on all 4 sides. 6. Roofing material and roof color shall be the same as materials and colors used on the principal structure or may be of a palm frond "chickee" style. A single-family dwelling unit must be constructed on the subject lot prior to, or simultaneously with, the construction of any boathouse or covered dock structure. 7. The boathouse or covered structure must be so located as to minimize the impact on the view of the adjacent neighbors to the greatest extent practical. G. Standards for boat lift canopies. 1. Boat lift canopies shall be permitted over an existing boat lift attached to a dock legally permitted, by the requisite local, state and federal agencies, if the following criteria are met. a. Canopy covers shall not extend more than 27 inches beyond the width of the boat lift on each side. b. The length of the boat lift canopy shall not exceed 35 feet. c. The height of the boat lift canopy shall not exceed 12 feet, measured from the highest point of the canopy to the height of the dock walkway. d. The sides of the canopy cover shall remain open on all sides, except that a drop curtain, not to exceed 18 inches shall be permitted on the sides. e. Boat lift canopies shall meet the requirements of Awnings and Canopies in the Florida Building Code. f. Canopy cover material shall be limited to beige, or mid-range shades of blue or green. g. No boatlift canopies shall be permitted at sites that contain either a boathouse or a covered structure. SUPPLEMENTAL STANDARDS 5.03.06 E.11.5.03.06 G.1.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC5:15Supp. No. 32 2. Lots with frontage on canals shall be permitted a maximum of one boatlift canopy per site. Lots with frontage on bays shall be permitted a maximum of 2 boatlift canopies per site. 3. If an applicant wishes to construct a boat lift canopy that does not meet the standards of subsection 5.03.06 G. above, then a petition for a boat lift canopy deviation may be made to the Hearing Examiner, or if the Hearing Examiner has a conflict, then by the Planning Commission, which shall review a sufficient petition application and either approve or deny the request. H. Dock facility extension. Additional protrusion of a dock facility into any waterway beyond the limits established in LDC subsection 5.03.06 E. may be considered appropriate under certain circumstances. In order for the Hearing Examiner or Planning Commission to approve the boat dock extension request, it must be determined that at least 4 of the 5 primary criteria, and at least 4 of the 6 secondary criteria, have been met. These criteria are as follows: 1. Primary Criteria: a. Whether the number of dock facilities and/or boat slips proposed is appropriate in relation to the waterfront length, location, upland land use, and zoning of the subject property. Consideration should be made of property on unbridged barrier islands, where vessels are the primary means of transportation to and from the property. (The number should be appropriate; typical, single-family use should be no more than 2 slips; typical multi-family use should be 1 slip per dwelling unit; in the case of unbridged barrier island docks, additional slips may be appropriate.) b. Whether the water depth at the proposed site is so shallow that a vessel of the general length, type, and draft as that described in the petitioner's application is unable to launch or moor at mean low tide (MLT). (The petitioner's application and survey should establish that the water depth is too shallow to allow launching and mooring of the vessel(s) described without an extension.) c. Whether the proposed dock facility may have an adverse impact on navigation within an adjacent marked or charted navigable channel. (The facility should not intrude into any marked or charted navigable channel thus impeding vessel traffic in the channel.) d. Whether the proposed dock facility protrudes no more than 25 percent of the width of the waterway, and whether a minimum of 50% of the waterway width between dock facilities on either side of the waterway is maintained for navigability. (The facility should maintain the required percentages.) e. Whether the proposed location and design of the dock facility is such that the facility would not interfere with the use of neighboring docks. (The facility should not interfere with the use of legally permitted neighboring docks.) 2. Secondary criteria: a. Whether there are special conditions, not involving water depth, related to the subject property or waterway, which justify the proposed dimensions and location of the COLLIER COUNTY LAND DEVELOPMENT CODE 5.03.06 G.2.5.03.06 H.2.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC5:16Supp. No. 32 proposed dock facility. (There must be at least 1 special condition related to the property; these may include type of shoreline reinforcement, shoreline configura- tion, mangrove growth, or seagrass beds.) b. Whether the proposed dock facility would allow reasonable, safe access to the vessel for loading and/or unloading and routine maintenance, without the use of excessive deck area not directly related to these functions. (The facility should not use excessive deck area.) c. For single-family dock facilities, whether the length of the vessel, or vessels in combination, described by the petitioner exceeds 50 percent of the subject property's linear waterfront footage. (The applicable maximum percentage should be maintained.) d. Whether the proposed facility would have a major impact on the waterfront view of neighboring waterfront property owners. (The facility should not have a major impact on the view of a neighboring property owner.) e. Whether seagrass beds are located within 200 feet of the proposed dock facility. (If seagrass beds are present, compliance with subsection 5.03.06(H)(2). of this LDC must be demonstrated.) f. Whether the proposed dock facility is subject to the manatee protection requirements of subsection 5.03.06(E)(11) of this LDC. (If applicable, compliance with section 5.03.06(E)(11) must be demonstrated.) g. If deemed necessary based upon review of the above criteria, the Hearing Examiner or Planning Commission may impose such conditions upon the approval of an extension request that it deems necessary to accomplish the purposes of this Code and to protect the safety and welfare of the public. Such conditions may include, but shall not be limited to, greater side setback(s), and provision of light(s), additional reflectors, or reflectors larger than four (4) inches. I. Procedures for approval of docks, dock facilities, and boathouses. 1. The Administrative Code shall establish the procedures and submittal requirements for the issuance of permits for docks, dock facilities, and boathouses. Notice procedures are provided in LDC section 10.03.06. 2. All dock facilities are subject to, and shall comply with, all federal and state requirements and permits, including, but not limited, to the requirements and permits of the DEP, the U.S. Army Corps of Engineers, and the U.S. Environmental Protection Agency. 3. Nonresidential dock facilities shall be subject to all of the provisions of LDC section 5.03.06, with the exception that protrusions for nonresidential dock facilities beyond the specified limits shall be determined administratively by the County Manager or designee at the time of site development plan review, based on an evaluation of the criteria in LDC subsection 5.03.06 H. SUPPLEMENTAL STANDARDS 5.03.06 H.2.5.03.06 I.3.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC5:17Supp. No. 32 J. Protection of seagrass beds. Seagrass or seagrass beds within 200 feet of any proposed docks, dock facilities, or boathouses shall be protected through the following standards: 1. Where new docking facilities or boat dock extensions are proposed, the location and presence of seagrass or seagrass beds within 200 feet of any proposed dock facility shall be identified on an aerial photograph having a scale of 1 inch to 200 feet when available from the County, or a scale of 1 inch to 400 feet when such photographs are not available from the County. The location of seagrass beds shall be verified by the County Manager or designee prior to issuance of any project approval or permit. 2. All proposed dock facilities shall be located and aligned to stay at least 10 feet from any existing seagrass beds, except where a continuous bed of seagrasses exists off the shore of the property and adjacent to the property, and to minimize negative impacts to seagrasses and other native shoreline, emergent and submerged vegetation, and hard bottom communi- ties. 3. Where a continuous bed of seagrasses exists off the shore of the property and adjacent to the property, the applicant shall be allowed to build a dock across the seagrass beds, or a docking facility within 10 feet of seagrass beds. Such docking facilities shall comply with the following conditions: a. The dock shall be at a height of at least 2.2 feet NAVD. b. The terminal platform area of the dock shall not exceed 160 square feet. c. The access dock shall not exceed a width of 4 feet. d. The access dock and terminal platform shall be sited to impact the smallest area of seagrass beds possible. 4. The petitioner shall be required to demonstrate how negative impacts to seagrass beds and other native shoreline vegetation and hard bottom communities have been minimized prior to any project approval or permit issuance. (Ord. No. 06-63, § 3.CC; Ord. No. 13-56, § 3.N; Ord. No. 16-27, § 3.O; Ord. No. 20-16, § 3.F; Ord. No. 25-51, § 3.F) 5.03.07 Permanent Emergency Generators A. Purpose and intent. It is the purpose of this section to reduce noise, improve the aesthetics of mechanical equipment, and protect the public health and safety of homeowners from the risks associated with combustion engines and the entry of carbon monoxide gas to a dwelling unit. It is the intent to improve the resiliency of homeowners who seek shelter at home during periods of electrical power outages. B. Applicability. Permanent emergency generators for single-family and two-family dwellings shall be permitted as an accessory use and located in accordance with LDC section 5.03.07 Table 1. C. Standards and requirements. 1. Permanent emergency generators shall adhere to all generator manufacturer's locational specifications and applicable federal, state, and local code requirements. The manufacturer's locational specifications shall be concurrently reviewed with the applicable electrical, structural, mechanical, gas piping, and storage tank permits. COLLIER COUNTY LAND DEVELOPMENT CODE 5.03.06 J.5.03.07 C.1.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC5:18Supp. No. 32 2. Submittals. At a minimum, the applicant's site plan shall indicate the location and dimension of the proposed generator, generator exhaust direction and permanent fuel tank(s) in proximity to the dwelling unit and lot line, and all easements burdening the property, including but not limited to drainage easements, lake maintenance easements, and/or access easements. The site plan shall be provided with the building permit application. The written approval of an easement holder for placement in an easement is required and must be included with the submittal. 3. Location and distances. Permanent emergency generators may be located in the required front, side and rear yard setback in accordance with the following in Table 1. All distance setback and separation requirements shall be measured from the most restrictive of the generator's enclosure or exhaust outlet and adhere to the following: a. When located underneath the dwelling unit, the exhaust outlet shall be vented outside of the dwelling unit above the roof line. b. Generators may be allowed in the front yard, at a distance no greater than six feet from the dwelling unit in zoning districts with 35 feet front yard setback or greater and shall require a vegetative screen. For corner lots, the generator may be allowed in the front yard which has the longest street frontage utilizing the side yard generator setback standards in Table 1. c. Generators located in the rear yard of a waterfront lot shall require a vegetative screen. SUPPLEMENTAL STANDARDS 5.03.07 C.2.5.03.07 C.3.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC5:18.1Supp. No. 32 TABLE 1 Generator Setback and Separation Standards (feet) Principal Structure Setback Generator Distance to Lot Line Side Yard 5 or less 1 Greater Than 5 and Up To 7.5 2 Greater Than 7.5 and Up To 20 4 Greater Than 20 10 Rear Yard 10 waterfront 5 non-waterfront Separation Distance to Public and Private Road Right-of-Way 10 Between Mechanical Air Intake Equipment or Other Generator 10 Distance from Windows, Soffit Vent, Eaves To the Dwelling, Shrubs and Trees 5 Distance from Gas and Electrical Meters, Pool Pumps, Water and Water Softener Systems, AC Compressors and Landscape Plant- ings 3 4. Carbon monoxide detector. If any exterior wall openings are within 10 feet of the generator's exhaust outlet, at least one carbon monoxide detector shall be installed inside the structure near the exterior wall openings and on each floor level. 5. Generator noise and testing. Generator noise and routine testing shall be in compliance with LDC section 4.02.1 D.13. 6. Drainage flow. Maintenance of stormwater drainage shall be as required in LDC section 6.05.03. D. Additional requirements for diesel and gasoline engines. Notwithstanding the foregoing, diesel or gasoline powered generators shall be set back a minimum of 15 feet from any lot line. (Ord. No. 19-13, § 3.B) 5.04.00 TEMPORARY USES AND STRUCTURES 5.04.01 Temporary Use Permits A. Purpose and intent. Based upon the nature of some uses, their impact on adjacent uses, their compatibility with surrounding properties, and the length 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 permitting. B. General. The County Manager or designee may grant a temporary use permit for requests that demonstrate compliance with the intent of this section and Chapter 5 of the LDC. 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 temporary use on adjacent properties. COLLIER COUNTY LAND DEVELOPMENT CODE 5.03.07 C.3.5.04.01 B.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC5:18.2Supp. No. 32 C. 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 designee. D. Cancellations and postponements. 1. 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 weather conditions may cause last minute cancellations; however, the applicant shall make every effort to notify the county staff prior to the scheduled commence- ment of said event. If the event is to be re-scheduled, notice of the date and time of the rescheduled event shall be provided. 2. 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. 3. If an event is cancelled and the County is notified prior to the initially proposed commence- ment date the number of days used will not count towards the maximum number of authorized days afforded for events by the LDC. E. Suspension or revocation. 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. 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. F. Violations. The failure to obtain a required Temporary Use Permit, and/or the failure to cease activities authorized by such a temporary use permit, including the removal of any displays, structures, merchandise, equipment, signs or banners authorized by said permit, upon expiration, suspension, or revocation shall establish a violation of the LDC and shall be subject to the penalties established within the LDC. (Ord. No. 10-23, § 3.DD; Ord. No. 13-56, § 3.O) 5.04.02 Interim Agricultural Uses A. It is the intent of this section to permit certain interim agricultural uses on a temporary basis which retain the land in its open, undeveloped character. 1. No land authorized as an interim agricultural use to be used or used for agricultural uses or activities shall be rezoned to, converted to, or used for any nonagricultural use or development for at least 10 years after any new clearing of such land. 2. The inclusion of buildings and structures, other than wells, structures for conservation and drainage protection, and unpaved roads, is strictly prohibited. 3. The interim agricultural use of the premises which in any way attracts or invites access and use of the general public, or the use of such premises for any commercial activity other than that expressly permitted within the zoning district, is strictly prohibited. SUPPLEMENTAL STANDARDS 5.04.01 C.5.04.02 A.3.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC5:18.3Supp. No. 32 B. The procedures for approval of an interim agricultural use are set forth in Chapter 10. The following criteria apply to all interim agricultural uses: 1. Interim agricultural uses may be permitted in any zoning district, except the rural agricultural district, for only the following agricultural activities: pasturing, field crops, horticulture, fruit and nut production, forestry, beekeeping, aquaculture, and mariculture. 2. The grant of the interim agricultural use shall be in harmony with the general intent and purpose of this Code, will not be injurious to the neighborhood or to adjoining properties, and shall not be otherwise detrimental to the public welfare. 3. Compliance with all elements of the GMP. 4. Compliance with all environmental regulations as identified in this Code or other County regulations and policies. 5. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. 6. Off-street parking and loading areas, where required, with particular attention to the items in subsection 5 immediately above and economic, noise, glare, or odor effects of the interim agricultural use on adjoining properties generally in the district. 7. Refuse and service areas, with particular reference to the items in subsections 5 and 6 above. 8. Utilities, with reference to locations, availability, and compatibility. 9. Screening and buffering with reference to type, dimensions, and character. COLLIER COUNTY LAND DEVELOPMENT CODE 5.04.02 B.5.04.02 B.9.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC5:18.4Supp. No. 32 beach by 9:30 p.m.; 3) failing to have lights, so required, turned out by 9:00 p.m.; or 4) not placing additional barriers around nests as required by section 5.04.06; are subject to the following penalties: First violation: $1,000.00 fine. Second violation: $2,500.00 fine. Third or more violation: $5,000.00 fine. b. Any activity that would not cause immediate harm to sea turtles or their nesting activities; which include, but are not limited to the following: 1) failing to notify the county of a beach event; 2) failing to provide the county with copies of Florida Department of Protection permits prior to each beach event; or 3) having beach event materials or related structures set, placed, stored on, or within ten feet of any beach dune; are subject to up to a $500.00 fine. (Ord. No. 05-27, § 3.CC; Ord. No. 09-55, § 3.B; Ord. No. 10-23, § 3.HH) 5.04.08 Film Permit A. Film 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. The LDC 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. Procedural Requirements. The Administrative Code shall establish the application requirements and review procedures for a Film Permit. 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 the Administrative 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 designee a certificate of insurance as evidenced that said insurance is in existence and certifying that Collier County is 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 designee. E. Permit fee. No permit fee shall be required. Any additional license or user fees which have been established for county-owned land 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 designee, the permit may be issued. If the County Manager or designee determines that the use of public or private property could affect the public's use of the property, or have potential adverse SUPPLEMENTAL STANDARDS 5.04.07 F.2.5.04.08 F.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC5:33Supp. No. 32 impacts on surrounding properties, then the County Manager or designee 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 legally advertised in the county at least one 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 designee to provide for cleanup and/or restoration of the subject site(s). (Ord. No. 13-56, § 3.Q; Ord. No. 25-51, § 3.G) 5.05.00 SUPPLEMENTAL STANDARDS FOR SPECIFIC USES The specific land uses listed in this section are subject to supplemental site design and land development standards. Supplemental standards apply in addition to the site design and land development standards of the zoning district in which the land use is located. 5.05.01 Businesses Serving Alcoholic Beverages A. Sale of alcoholic beverages. The County Manager or designee, may authorize the sale of alcoholic beverages for consumption on-site, subject to compliance with all zoning restrictions and the following locational criteria: 1. No such use shall be located within 500 feet of any established elementary, middle, or high school, child care center, public library, church, public park, or public playground. This does not include beach access points. The distance of 500 feet shall be measured as the shortest distance between the lot on which the school, child care center, public library, church, public park, or public playground is located and the lot on which the alcoholic beverages are to be sold, except that establishments located in shopping centers shall be measured to the outer wall of the establishment. 2. No such use shall be located within 500 feet of any existing establishment whose primary function is the sale of alcoholic beverages for consumption on-site. The distance of 500 feet shall be measured as the shortest distance between the lot on which the existing COLLIER COUNTY LAND DEVELOPMENT CODE 5.04.08 F.5.05.01 A.2.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC5:34Supp. No. 32 establishment is located and the lot on which the alcoholic beverages are to be sold, except that establishments located in shopping centers shall be measured to the outer wall of the establishment. 3. The erection of any school, child care center, public library, church, public park, or public playground within 500 feet of an establishment which offers the sale of alcoholic beverages for consumption on-site shall not cause such establishment to become nonconforming. 4. The County Manager or designee approval for the sale of alcoholic beverages for consump- tion on-site, granted pursuant to this section, shall expire after the following periods of time and shall thereafter become null and void: a. In the case of an existing structure, zoning approval shall expire six (6) months from the date of approval unless, within that period of time, operation of the alcoholic beverage establishment has commenced. For purposes of this section, operation shall be defined as the sale of alcoholic beverages in the normal course of business. b. In the case of a new structure, zoning approval shall expire one (1) year from the date of approval unless, within that period of time, operation of the alcoholic beverage establishment has commenced. However, if substantial construction is completed, the County Manager or designee may grant one (1) extension for up to six (6) months. 5. The procedures for approval of a site for the sale of alcoholic beverages are set forth in Chapter 10 and the Administrative Code. 6. The BZA may, by resolution, grant a waiver of part or all of the minimum distance requirement set forth herein if it is demonstrated by the applicant and determined by the BZA that the site proposed for the sale and consumption of alcoholic beverages is separated from an established business whose primary function is the sale of alcoholic beverages for consump- tion on-site, from the school, child care center, public library, church, public park or public playground by natural or manmade boundaries, structures, or other features which offset or limit the necessity for such minimum distance requirement. The BZA's decision to waive part or all of the distance requirement shall be based upon the following factors: a. The nature and type of natural or manmade boundary, structure, or other feature lying between the proposed establishment and an existing school, child care center, public library, church, public park, or public playground which is determined by the BZA to lessen the need for the total 500-foot distance requirement. Such boundary, structure, or other feature may include, but is not limited to, lakes, marshes, nondevelopable wetlands, designated preserve areas, canals, and major rights-of- way. b. The paths of vehicular and pedestrian traffic which could be taken between the alcoholic beverage establishment and the school, child care center, public library, church, public park, or public playground. c. The hours of operation and the noise and light which could potentially be generated from the premises selling alcoholic beverages. SUPPLEMENTAL STANDARDS 5.05.01 A.2.5.05.01 A.6.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC5:35Supp. No. 32 d. The Administrative Code shall establish the submittal requirements and procedures for the waiver of distance requirements. 7. The following uses shall be exempt from the requirements of section 5.05.01. a. Any restaurant deriving at least fifty-one (51) percent of its gross revenue from the sale of food and nonalcoholic beverages. b. Any motel and/or hotel with 100 or more guestrooms. c. Any private club, golf club, country club, or civic or fraternal club may serve alcoholic beverages for consumption on-site when such service is incidental to the main use and for the exclusive use of the members, tenants, and/or guests of the facility. 8. Any owner or operator of an establishment approved under this section to sell any alcoholic beverages for consumption on-premises shall, upon written demand of the County Manager or designee, make, or cause to be made, under oath a statement itemizing what percentage of his gross receipts are from the sale of alcoholic beverages. (Ord. No. 13-56, § 3.R) 5.05.02 Marinas A. The following standards are for the purpose of manatee protection and are applicable to all multi-slip docking facilities with ten slips or more, and all marina facilities. B. Proposed developments will be reviewed for consistency with the Manatee Protection Plan ("MPP") adopted by the BCC and approved by the DEP. If the location of the proposed development is consistent with the MPP, then the developer will submit a "Manatee Awareness and Protection Plan," which shall address, but not be limited to, the following categories: 1. Education and public awareness. 2. Posting and maintaining manatee awareness signs. 3. Information on the type and destination of boat traffic that will be generated from the facility. 4. Monitoring and maintenance of water quality to comply with state standards. 5. Marking of navigational channels, as may be required. C. A rating system is established to evaluate proposed marina facilities. The purpose of the marina site rating system is to help determine the maximum wet slip densities in order to improve existing Manatee protection. The marina site rating system gives a ranking based on three (3) criteria: water depth, native marine habitat, and manatee abundance. In evaluating a parcel for a potential boat facility, a minimum sphere of influence for the boat traffic must be designated. For the proposed marina facility, an on-water travel distance of five (5) miles is considered the sphere of influence. 1. A preferred rating is given to a site that has or can legally create adequate water depth and access, will not impact native marine habitats, and will not impact a high manatee use area (See Table 5.05.02(C)(5)). COLLIER COUNTY LAND DEVELOPMENT CODE 5.05.01 A.6.5.05.02 C.1.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC5:36Supp. No. 32 2. A moderate ranking is given to a site where: there is a adequate water depth and access, no impact to a high manatee use area, but there is an impact to native marine habitat; there is adequate water depth, no impact to native marine habitat, but impacts a high manatee use area; and when the water depth is less than four (4) feet mean low water (MLW), no impact to native marine habitat, and no impact to a high manatee use area. 3. A protected ranking is given to a site where: there is adequate water depth and access, but there is an impact to native marine habitat and there is an impact to a high manatee use area; there is not adequate water depth, there is impact to or destruction of native marine habitat, and there is impact to a high manatee use area; there is not adequate water depth, no impact to marine habitat, but there is impact to a high manatee use area; or there is not adequate depth, there is impact to marine habitat, and no impact to a high manatee use area. 4. The exact areas will depend on site specific data gathered during the site development process reviews. 5. Table of Siting Criteria Water Depth (Measured at MLW) Native Marine Habitat Manatee Use 4 ft. or more Less than 4 ft. No Impact 1 Impact Not High High Preferred X X X Moderate X X X Moderate X X X Moderate X X X Protected X X X Protected X X X Protected X X X Protected X X X 1For shoreline vegetation such as mangroves, "no impact" is defined as no greater than five (5) percent of the native marine habitat is disturbed. For sea grasses, "no impact" means than no more than 100 square feet of sea grasses can be impacted. D. Allowable wet slip densities. 1. Preferred sites. New or expanded wet slip marinas and multi-family facilities shall be allowed at a density of up to eighteen (18) boat slips for every 100 feet of shoreline. Expansion of existing and construction of new dry storage facilities is allowed. Expansion of existing and construction of new boat ramps is allowed. 2. Moderate development sites. New or expanded wet slips and multi-family facilities shall be allowed at a density of up to ten (10) boat slips for every 100 feet of shoreline. Expansion of existing dry storage facilities is allowed. Construction of new dry storage facilities is prohibited. Expansion of existing boat ramps is allowed. Construction of new boat ramps is prohibited. 3. Protected sites. New or expanded wet slip marinas and multi-family facilities shall be allowed at a density of one (1) boat slip for every 100 feet of shoreline. Expansion of existing dry storage facilities or construction of new dry storage facilities is prohibited. Expansion of existing boat ramp or construction of new boat ramps is prohibited. E. If a potential boat facility site is ranked as moderate or protected because of its proximity to a high use manatee area, its ranking can be increased if slow speed zones are established that account for a significant portion of the expected travel route of the boats using the proposed facility. In that case, the SUPPLEMENTAL STANDARDS 5.05.02 C.2.5.05.02 E.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC5:37Supp. No. 32 manatee criteria in the three (3) way test (see Table 5.05.02(C)(5)) would not affect the outcome of the ranking. If such slow speed zones are not existing, the County may establish, with DEP approval, additional slow speed zones in order to mitigate the proposed additional boat traffic. F. Existing facilities and facilities which had state or federal permits prior to adoption of the MPP shall be exempt from these provisions, but will be subject to all other requirements of this Code. (Ord. No. 05-27, § 3.FF) 5.05.03 Farm Labor Housing A. This section is intended to apply to those agricultural situations where housing is required for permanent or transient farm labor. Housing established under this section shall be used exclusively for that purpose and no other. It is intended that housing under this section shall be erected only in the rural agricultural district and only when such housing meets the requirements and procedures of this section. It is the intent of this section that housing for farm labor shall be in the nature of a planned development, but with restrictions designed to meet the peculiar requirements of the farm labor market and the necessities of the health, safety, and general welfare of the farm laborers and the general public. B. The following housing types are permitted as farm labor housing, either as principal buildings or accessory buildings: 1. Single-family dwellings. 2. Mobile homes. 3. Duplexes. 4. Multiple-family dwellings. 5. TTRVCs. C. In addition to uses and structures that are accessory and incidental to farm labor housing uses, the following specific accessory uses are permitted: 1. Caretakers' residences. 2. Child care centers. D. No construction for the housing of farm labor shall be erected until a SDP has been approved. E. Standards. 1. Farm labor housing shall be set back a minimum of 1,000 feet measured from the nearest point of construction to any state, federal, or County highway right-of-way line. 2. No on-site farm labor housing shall exceed in land area three (3) percent of the gross acreage of the agricultural operation, or ten (10) acres, whichever is less. Off-site farm labor housing for laborers shall have a land area of not less than one (1) acre nor more than ten (10) acres. 3. Streets shall be surfaced with a hard dustless material. COLLIER COUNTY LAND DEVELOPMENT CODE 5.05.02 E.5.05.03 E.3.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC5:38Supp. No. 32 4. At least 300 square feet shall be provided for each lot or dwelling unit for open space and recreation area. 5. Certification required by chapter 10D-25, F.A.C., as a migrant labor camp shall be required. 6. Table of Dimensional Standards. Single-family or Mobile Home Duplex or Multi-family Dormitory Housing Minimum lot area (sq. ft.) 4,000 43,560 43,560 Minimum lot width (ft.) 40 100 100 Minimum setbacks (ft.) Front yard Side yard Rear yard 10 5 10 20 20 20 20 20 20 Maximum building height (ft.) 30 30 30 Minimum floor area (sq. ft.) 500 500 500 5.05.04 Group Housing A. All group housing structures shall meet the following requirements specified for each type of structure. All proposals for group housing, except family care facilities, shall be processed with a SDP. B. A family care facility shall be treated as a single-dwelling unit for the purpose of determining applicable development standards and, therefore, shall conform to the standards identified for a single-family dwelling unit or mobile home in the zoning district assigned to the property, as well as other applicable standards found in this Code. However, a new family care facility shall not be located within a radius of 1,000 feet of another existing family care facility. C. Table of site design standards for category I and category II group care facilities: Category I and II Homeless Shelters Minimum habitable floor area (sq. ft.) 1,500 + 200 for each person over six 1,500 + 150 for each person over six Minimum lot area (sq. ft.) 6,000 + 1,500 for each person over six 6,000 + 400 for each person over six Parking spaces 2 per five beds (minimum of 2 spaces) Separation requirement from an existing group care facility in RMF-6, RMF-12, RMF-16, RT, and VR zoning districts Radius of 1,200 feet or more Separation requirement from an existing group care facility in A, estates, and RSF 1—6 zoning districts Radius of 500 feet or more Special setback requirements for property abutting residential zoning districts 20 feet from residential property line Special setback requirements for property abutting roadways 25 feet of a road right-of-way line1 1 For properties located in the GGPOD, the front setback shall be in accordance with LDC section 4.02.26 B.1. D. All other care housing environments as defined in this Code, including, but not limited to, care units, assisted living units, continuing care retirement communities, nursing homes, and dwelling units that are part of an aging-in-pace living environment shall adhere to the following standards in addition to those established by the underlying zoning district. 1. The maximum floor area ratio shall not exceed 0.45, except that for group housing in Planned Unit Development or Commercial zoning districts, the floor area ratio may be increased to 0.60, except a maximum floor area ratio of 0.45 shall remain for the following areas as identified in the Future Land Use Element of the Growth Management Plan: a. Mini-Triangle Mixed Use District. SUPPLEMENTAL STANDARDS 5.05.03 E.4.5.05.04 D.1.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC5:39Supp. No. 32 b. Agriculture Mixed Use District. c. Conservation Designation. d. North Belle Meade Overlay - Section 24 Neutral Lands - Buckley Property. e. Immokalee Rural Village Overlay - Village Center. 2. No structure shall be erected within twenty (20) feet of any abutting lot or parcel which is zoned residential, nor within twenty-five (25) feet of a road right-of-way, except for properties within the GGPOD, the front setback shall be in accordance with LDC section 4.02.26 B.1. 3. Parking spaces required: a. Independent living units. One (1) per dwelling unit. b. Assisted living units. 0.75 per assisted unit. c. Nursing care units. Two (2) parking spaces per five (5) beds. 4. The procedures for applications and review of proposed group care facilities are set forth in Chapter 10. E. Emergency Environmental Control Plans. In accordance with Rules 59A-36.025 and 59A-4.1265, F.A.C., as amended, Emergency Environmental Control Plans for assisted living facilities and nursing homes, as defined by §§ 400 and 429 F.S., shall be submitted as a supplement to its Comprehensive Emergency Management Plan, to the Bureau of Emergency Services - Emergency Management Division. 1. The Emergency Environmental Control Plans shall include the following information, in addition to the requirements identified in Rules 59A-36.025 and 59A-4.1265, F.A.C., as amended: a. Primary evacuation locations, either within or outside the county, and a secondary location outside of the county. b. Finished floor elevation of the first and second floors of all structures. c. Permanent emergency generator or alternate power sources. Assisted living facilities or nursing homes, as defined by §§ 400 and 429 F.S., shall install permanent emergency generators or an alternate power source to ensure ambient air temperatures will be maintained at or below 81 degrees Fahrenheit for a minimum of 96 hours in the event of the loss of primary electrical power. i. If a permanent emergency generator is used the following shall be required: a) Permanent emergency generator specifications. i) Permanent emergency generators and the associated fuel supply shall be sized to ensure compliance with §§ 59A- 36.025 F.A.C., as amended, for assisted living facilities and 59A-4.1265 F.A.C., as amended, for nursing homes. COLLIER COUNTY LAND DEVELOPMENT CODE 5.05.04 D.1.5.05.04 E.1.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC5:40Supp. No. 32 ii) Permanent emergency generators shall be installed, tested and maintained in accordance with NFPA 99 Health Care Facilities Code, and NFPA 110, Standard for Emergency and Standby Power Systems. b) Regular testing and inspections required. Permanent emergency generators shall be tested under load as required by §§ 59A-36.025 F.A.C., as amended, for assisted living facilities and 59A-4.1265 F.A.C., as amended, for nursing homes, and by manufacturer's specifications, and be inspected a minimum of once per year. Each facility shall keep a written statement on site attesting to the regular maintenance, third-party testing and inspection of the generator and fuel system by a service organization authorized by the manufacturer. ii. Submittal Requirements. a) Manufacturer's specifications of the permanent emergency genera- tor. b) Calculations demonstrating adequacy of fuel supply to comply with §§ 59A-36.025 F.A.C., as amended, for assisted living facilities and 59A-4.1265 F.A.C., as amended, for nursing homes. d. Backup connectivity. A power transfer switch or automatic transfer switch shall be installed to accommodate a secondary or back-up generator connection point in the event of failure for the permanent emergency generator or alternate power source. 2. Emergency Environmental Control Plans shall be reviewed and approved by the Bureau of Emergency Services - Emergency Management Division. 3. The Plan shall be resubmitted to the County annually from the date of original submittal, or at the time of a change of ownership of the facility, or after a modification to a previously approved Plan. 4. Notification of Plan submittal shall be in accordance with Rules 59A-36.025 and 59A-4.1265, F.A.C., as amended. (Ord. No. 18-32, § 3.D; Ord. No. 21-14, § 3.H; Ord. No. 22-04, § 3.F; Ord. No. 25-59, § 3) 5.05.05 Facilities with Fuel Pumps A. The purpose of this section is to ensure that facilities with fuel pumps do not adversely impact adjacent land uses, especially residential land uses. The high levels of traffic, glare, and intensity of use associated with facilities with fuel pumps, particularly those open 24 hours, may be incompatible with surrounding uses, especially residential uses. Therefore, in the interest of protecting the health, safety, and general welfare of the public, the following regulations shall apply to the location, layout, drainage, operation, landscaping, parking, and permitted sales and service activities of facilities with fuel pumps. B. Site design requirements. 1. Table of site design requirements: SUPPLEMENTAL STANDARDS 5.05.04 E.1.5.05.05 B.1.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC5:40.1Supp. No. 32 Minimum dimensions:Site Standards Minimum lot area (sq. ft.)30,000 Minimum lot width (ft.)150 Minimum lot depth (ft.)180 Separation from adjacent facilities with fuel pumps (ft.) (based on distance between nearest points) 500 Minimum setbacks, all structures: Front yard (ft.) Side yard (ft.) Rear yard (ft.) 50 40 40 2. Waiver of separation requirements. a. The BZA may, by resolution, grant a waiver of part or all of the minimum separation requirements set forth herein if it is demonstrated by the applicant and determined by the BZA that the site proposed for development of a facility with fuel pumps is separated from another facility with fuel pumps by natural or man-made boundar- ies, structures, or other features which offset or limit the necessity for such minimum distance requirements. The BZA's decision to waive part or all of the distance requirements shall be based upon the following factors: i. Whether the nature and type of natural or man-made boundary, structure, or other feature lying between the proposed establishment and an existing facility with fuel pumps is determined by the BZA to lessen the impact of the proposed facility with fuel pumps. Such boundary, structure, or other feature may include, but is not limited to, lakes, marshes, nondevelopable wetlands, designated preserve areas, canals, and a minimum of a 4-lane arterial or collector right-of-way. COLLIER COUNTY LAND DEVELOPMENT CODE 5.05.05 B.1.5.05.05 B.2.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC5:40.2Supp. No. 32 6.06.03 Streetlights A. Streetlights shall be designed and installed utilizing the IES standards for each street, intersection at required intervals along each street and at the end of each cul-de-sac. The IES standards for this street lighting are per IESNA RP 8.00, except as below: B. At the entry/exit of any residential or commercial development approved through a SDP, SDPA, or PPL located on a public collector or arterial street, the following additional standards shall apply. For projects subject to architectural design standards, see LDC section 5.05.08 F. for related provisions. 1. At the points where the edges of pavement of the entrance road meet the intersecting right-of-way line, the illumination level shall be at or between, a minimum of 2.0 foot candles and maximum of 5.0 foot candles. In cases when this Code may conflict with any other lighting codes, requirements, policies, or recommendations relating to the spillover of light outside of project boundaries, public safety needs shall be evaluated by staff and shall take precedence in the required placement of fixtures. 2. A full cutoff fixture is required on both sides of each entry or exit outside of the intersecting public right-of-way except when located at a single-lane one-way driveway. In such case, one (1) fixture will be allowed but it shall meet minimum required foot-candle values. If the applicant can show the existing illumination levels from existing roadway lighting meet the required foot candles through a photometric lighting plan (calculated or by field measurement) certified by an engineer, licensed in the State of Florida, the county manager or designee may waive or modify the requirement for additional lighting at the point where the entry road intersects the public right-of-way. C. All sidewalks not directly lighted by street lighting that interconnect developments must be lighted to pedestrian level standards per IESNA RP-8-00. D. Wherever, in the opinion of the County Manager or designee, based on an engineer's determination, a dangerous condition is created by sharp curves, irregularities in street alignment, or other similar circumstances, additional lights may be required. Streetlights and mounting poles shall be wired for underground service. All conduits and casing to be placed under the roadway required for the lights must be installed during each construction phase prior to roadway subbase completion. Streetlights shall be designed and installed in either of 2 ways: 1. Where streetlights are to be installed on private streets, the developer, through a professional engineer registered in the State of Florida, shall design and install the street lighting system subject to the approval of the County Manager or designee. Upon completion of the streetlights, they shall be owned, operated, and maintained by the property owners' association, a condominium association, cooperative association, or other similar entity, or the public utility furnishing the electric service. 2. Where the streetlights are to be installed on public streets, the developer may elect to initiate a municipal services benefit or taxing unit in coordination with the County Manager or designee in order to provide street lighting. If the municipal services benefit or taxing unit is approved by the BCC, the County Manager or designee shall authorize the public utility to INFRASTRUCTURE IMPROVEMENTS AND ADEQUATE PUBLIC FACILITIES REQUIREMENTS 6.06.03 6.06.03 D.2.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC6:37Supp. No. 32 design, install, and maintain the street lighting system at no cost to the County's general fund. If no municipal services benefit or taxing unit is created for public streets, the provision of this section shall govern the design, construction, and maintenance of streetlights. (Ord. No. 06-07, § 3.P; Ord. No. 08-63, § 3.DD; Ord. No. 16-22, § 3.N; Ord. No. 25-51, § 3.H) 6.06.04 Bridges A. Bridges shall be designed in accordance with current Florida Department of Transportation practices or appropriate specifications by the applicant's structural engineer and may be required to include provisions for utility installations and will require sidewalks on both sides of the bridge. The bridge shall be designed by a Florida professional engineer and is subject to the approval of the County Manager or designee and those other agencies having jurisdiction over the proposed facilities. Generally, bridges shall be designed as reinforced concrete, however, other low maintenance materials may be used upon request and approval, when supported by a design report prepared by the applicant's professional engineer which provides particular assurance relative to the integrity of the materials to be utilized. B. At a minimum, the width of all bridges shall be required to incorporate a clear roadway width equaling the travel lane width plus 2 feet to the curb and 6 foot sidewalks; however, variations may be considered pursuant to Chapter 10. Bridge width shall vary with the classification of the roadway section to be carried. All bridge structures shall be designed for H-20 loading, incorporating adequate corrosion and erosion protection. 6.06.05 Clear Sight Distance A. Where an accessway intersects a right-of-way or when a property abuts the intersection of 2 or more rights-of-way, a minimum safe sight distance triangular area shall be established. Any vegetation within this area 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 Department of Transportation's Manual of Uniform Minimum Standards for Design, Construction, and Maintenance of streets and Highways (DOT 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. B. Where an accessway enters a right-of-way, 2 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. C. Where a property abuts the intersection of 2 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 ends of the other 2 sides. D. The developer shall comply with all of the provisions of the applicable landscape requirements and section 4.06.00 at the time of subdivision or development approval or when applicable. 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 COLLIER COUNTY LAND DEVELOPMENT CODE 6.06.03 D.2.6.06.05 E.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC6:38Supp. No. 32 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 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 clear sight of the intersection. (Ord. No. 10-23, § 3.MM) INFRASTRUCTURE IMPROVEMENTS AND ADEQUATE PUBLIC FACILITIES REQUIREMENTS 6.06.05 E.6.06.05 E.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC6:39Supp. No. 32 posted on the property, the county manager or designee may issue a citation, which may result in the imposition of a fine up to and including $500.00, or may initiate further administrative or judicial enforcement proceedings. In addition, the county manager or designee may impose administrative costs on the responsible owner, agent, or person. Nothing set forth herein is intended to limit any existing legal right or recourse that the alleged violator may have to contest the stop work order. H. Other remedies. The county manager or the board of county commissioners may have recourse to such other remedies in law and equity as may be necessary to ensure compliance with the provisions of the Code, including the following: 1. Injunctive relief to enjoin and restrain any person from violating the provisions of the Code and recovery of damages for such violation; 2. Prosecution by the state attorney's office as provided by F.S. § 125.69, as amended; 3. Prosecution before the Collier County Code Enforcement Board; 4. Revocation of any permit or changing the conditions of any permit; 5. Withholding the issuance of any construction plan approval, building permit, certificate of occupancy, or inspection by the county; 6. Requiring replacement by the property owner of any vegetation removed in violation of the land alteration and landscaping regulations or in violation of any permit issued under the Code, including corrective measures pursuant to section 10.02.06 C. Replacement trees shall be of sufficient size and quantity to replace the dbh (diameter at breast height) of inches removed. At the time of planting, a replacement tree shall have a minimum dbh of three inches and a minimum height of 14 feet and a seven-foot crown; and 7. Recovery of attorneys' fees, expert witness fees, and costs, including those on appeal, incurred by the county for in-house county attorneys and staff experts and for outside legal counsel experts. I. Notice and appeal. All administrative decisions authorized by this Code for a pending violation of the Code concerning a stop work order, or the issuance, revocation, or suspension of building permits, certificates of occupancy, development orders, development permits, or development approvals, whatsoever, shall be reduced to writing and sent by registered mail, return receipt requested, to the official holder of the affected development approval or permit applicant. Administrative decisions of the county manager, or authorized official, may not be appealed to the board of county commissioners, board of zoning appeals, code enforcement board, or building board of adjustments and appeals, except as may be otherwise authorized by this Code or by other regulation adopted by reference as a part of this Code. J. Prosecution under previous regulations. Any prosecution arising from a violation of any prior code, ordinance, or regulation of Collier County superseded by this Code, which prosecution was pending at the effective date of this Code, or any prosecution which may be begun within one year after the effective date of this Code, in consequence of any violation of any prior code, ordinance, or regulation DECISION-MAKING AND ADMINISTRATIVE BODIES 8.08.00 G.4.8.08.00 J.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC8:7Supp. No. 32 superseded hereby, which violation was committed prior to the effective date of this Code, shall be tried and determined exactly as if such prior code, ordinance, or regulation had not been superseded. 8.09.00 COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION 8.09.01 Creation and Appointment of the Community Development and Environmental Services Administrator The community development and environmental services administrator shall be the agency head of the community development and environmental services division and shall be appointed by and serve at the pleasure of the county manager. 8.09.02 Jurisdiction, Authority and Duties In addition to the jurisdiction, authority and duties which may be conferred upon the community development and environmental services administrator by other provisions of the county Code of Collier County or the county manager, the community development and environmental services administrator shall have the following jurisdiction, authority and duties: A. To provide the board of county commissioners, the Development Services Advisory Commit- tee, planning commission, the board of zoning appeals, the building board of adjustments and appeals, the code enforcement board, and the contractors' licensing board, with reports and recommendations with respect to matters before such bodies as directed by the board of county commissioners or the county manager. B. To administer and manage the Planning Services, Pollution Control, Environmental Services, Building Review and Permitting, Code Enforcement and housing and urban improvement departments, and oversee the preparation of the budget for each. C. For the purposes of this Code the phrases Development Services Director, Growth Management Director, Code Compliance Director, Growth Planning Director and Planning Services Director, shall mean the Community Development and Environmental Services Administrator, or his designee. (Ord. No. 05-27, § 3.PP) 8.10.00 HEARING EXAMINER A. Establishment and Powers. The Board of County Commissioners established the office of the Hearing Examiner by County Ord. No. 2013-25, as it may be amended from time to time, with the powers and duties set forth therein. B. All powers and duties expressly granted to the Hearing Examiner, either through the Collier County Hearing Examiner Ordinance (No. 2013-25, as may be amended) or through future resolutions, preempt the Collier County Planning Commission, or the Board of Zoning Appeals, as the case may be, with respect to the established procedures set forth in the Collier County Land Development Code. C. Remand of Development Order. The Board of County Commissioners, by majority vote may remand or send any petition involving a public hearing or any matter to the Hearing Examiner for the sole purpose of opining on a legal or technical land use issue raised during the hearing. The Hearing COLLIER COUNTY LAND DEVELOPMENT CODE 8.08.00 J.8.10.00 C.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC8:8Supp. No. 32 Examiner will issue a non-binding recommendation to the Board with respect to the issue remanded, which recommendation shall become part of the record when the matter is again heard by the Board. (Ord. No. 13-58, § 1.A; Ord. No. 25-51, § 3.I) DECISION-MAKING AND ADMINISTRATIVE BODIES 8.10.00 C.8.10.00 C.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC8:9Supp. No. 32 CHAPTER 9 VARIATIONS FROM CODE REQUIREMENTS 9.01.00 Generally 9.02.00 Vested Rights and Takings Determinations 9.02.01 Applications for Vested Rights Determinations 9.02.02 Determination of Completeness 9.02.03 Review of Application by County Manager and County Attorney; Determination or Recom- mendation 9.02.04 Hearing Officer Review and Vested Rights Determination 9.02.05 Criteria for Vested Rights Determinations 9.02.06 Required Notices for Vested Rights Determination Process, Including Public Hearings 9.02.07 Issuance of a Vested Rights Determination by Hearing Officer 9.02.08 Appeal of Hearing Officer's Vested Rights Determination 9.02.09 Expiration of Vested Rights Determinations 9.02.10 Process for Review and Remedy of Taking Claims 9.03.00 Nonconformities 9.03.01 Generally 9.03.02 Requirements for Continuation of Nonconformities 9.03.03 Types of Nonconformities 9.03.04 reserved 9.03.05 reserved 9.03.06 reserved 9.03.07 Nonconformities Created or Increased by Public Acquisition 9.04.00 Variances 9.04.01 Generally 9.04.02 Types of Variances Authorized 9.04.03 Criteria for Variances 9.04.04 Specific Requirements for Minor After-the-Fact Encroachment 9.04.05 Reserved. 9.04.06 Specific Requirements for Variance to the Coastal Construction Setback Line 9.04.07 Reserved 9.05.00 Reasonable Accommodation for Certified Recovery Residences ___________________________________________________________________________________________________________ LDC9:1Supp. No. 28 Time: To be held in the Commissioners Meeting Room, Administration Building, County Government Center, 3299 Tamiami Trail East, Naples, Florida 2. The area of the signs shall be as follows: a. For properties less than one acre in size, the sign shall measure at least one and one half square feet in area. b. For properties 1 acre or more in size, the sign shall measure at least 32 square feet in area. 3. In the case of signs located on properties less than one acre in size, the sign shall be erected by the County Manager or designee in full view of the public on each street side of the subject property. Where the property for which approval is sought is landlocked or for some other reason the signs cannot be posted directly on the subject property, then the sign or signs shall be erected along the nearest street right-of-way, with an attached notation indicating generally the distance and direction to the subject property. 4. In the case of signs located on properties one acre or more in size, the applicant shall be responsible for erecting the required sign(s). A sign shall be erected in full view of the public on each street upon which the subject property has frontage. Where the subject property is landlocked, or for some other reason the signs cannot be posted directly on the subject property, then the sign or signs shall be erected along the nearest street right-of-way, with an attached notation indicating generally the distance and direction to the subject property. There shall be at least one sign on each external boundary which fronts upon a street, however, in the case of external boundaries along a street with greater frontages than 1,320 linear feet, signs shall be placed equidistant from one another with a maximum spacing of 1,000 linear feet, except that in no case shall the number of signs along the exterior boundary fronting on a street exceed 4 signs. The applicant shall provide evidence to the County Manager or designee that the sign(s) were erected by furnishing photographs of the sign(s) showing the date of their erection at least ten days prior to the scheduled public hearing by the planning commission, whichever has jurisdiction. The signs shall remain in place until the date of either the following occurrences: 1) Final action is taken by the board of county commissioners or 2) The receipt of written notification by the County Manager or designee from the applicant requesting to withdraw the petition or requesting its indefinite continuance. 5. Mailing notice to all property owners within 300 feet of the property lines of the subject property. The mailed notice must briefly state the nature of the claim and must be made via certified mail, return receipt requested, sent at the landowner's expense. B. Public notice for vested rights determination hearings held pursuant to section 9.02.04 or section 9.02.08 must be provided by legal advertisement at least one time at least fifteen (15) days in advance of any public hearing stating the time, place, purpose of such hearing, including a brief statement of the nature of the claim. C. For those claims not resolved under section 9.02.03., the landowner must additionally provide the type of mailed notice described in A., above to all persons who have notified the County Manager that they should be considered as an affected person at least twenty (20) days prior to the hearing officer's public hearing. VARIATIONS FROM CODE REQUIREMENTS 9.02.06 A.1.9.02.06 C.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC9:4.3Supp. No. 32 D. For those claims not resolved under section 9.02.08, the appealing party must additionally: a) provide the type of mailed notice described in A., above to all other parties at least fifteen (15) days prior to the public hearing, and b) publish the notice for the public hearing required under B., above. (Ord. No. 04-72, § 3.X; Ord. No. 13-56, § 3.FF; Ord. No. 25-51, § 3.J) 9.02.07 Issuance of a Vested Rights Determination by Hearing Officer Within fifteen (15) days after the completion of the hearing officer's public hearing, the hearing officer will render a determination denying, granting, or granting with conditions, all vested rights claimed by the landowner. The determination must be based upon the hearing officer's review and consideration of the official record which will include the application for determination of vested rights, the recommendation of the County Manager and the County Attorney, and the evidence and testimony presented at the public hearing by all parties. The determination must be in writing and specifically set forth enumerated: a) findings of fact, and b) conclusions of law for each criterion of section 9.02.05., as applicable to each claim. The determination must also state the specific relief or remedy afforded the landowner, if any, and detail any conditions which the landowner must comply with to obtain such relief. (Ord. No. 04-72, § 3.X) 9.02.08 Appeal of Hearing Officer's Vested Rights Determination Within 30 days after the hearing officer's written determination of vested rights being rendered, either the county or the landowner may appeal the determination to the board of county commissioners. Any additional fee for a landowner-initiated appeal must accompany the appeal. The board of county commissioners may: a) affirm the hearing officer's determination of vested rights, with or without modifications or conditions, or b) reject the hearing officer's determination, except that the board may not modify the determination or impose conditions, or reject the hearing officer's determination unless the board expressly finds that one or more of the hearing officer's findings of fact or conclusions of law is not supported by competent substantial evidence in the official record, or that the hearing officer's determination otherwise specifically failed to properly apply one or more of the criterion in section 9.02.05. Because the law in the area of vested rights and equitable estoppel is constantly changing in both substance and interpretation, the board should be guided by advice from the office of the County Attorney regarding interpretations of appropriate considerations in its deliberations. (Ord. No. 04-72, § 3.X) 9.02.09 Expiration of Vested Rights Determinations Any relief granted by a vested rights determination will be presumed abandoned and expire if not utilized for its proper purpose within two (2) years from the date it was granted. Thus, all determinations of vested rights which are granted, with or without conditions, expire and become null and void two (2) years from the date finally issued, i.e., the last of either: a) the latest date signed as a stipulated agreement, b) the date rendered by a hearing officer, or c) otherwise finally determined following any appeal; unless: 1) any conditions imposed are complied with and construction authorized by the determination is commenced pursuant to an approved final development order or permit, and 2) construction continues in good faith under then applicable regulations for development. The two (2) year time limitation to commence and continue construction will only be stayed for any time period during which construction is prohibited, deferred, or delayed by the county due to inadequate public facilities, as otherwise provided for by this Code. (Ord. No. 04-72, § 3.X) COLLIER COUNTY LAND DEVELOPMENT CODE 9.02.06 D.9.02.09 ______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC9:4.4Supp. No. 32 development shall be in accordance with the zoning regulations then in effect. Any such approved plat or plan may be amended by approval of the BCC, provided the degree of nonconformity with the LDC shall not be increased. D. Casual, temporary, or illegal use. The casual, temporary, or illegal use of land or structures, or land and structures in combination, shall not be sufficient to establish the existence of a nonconforming use or to create rights in the continuance of such use. E. Uses under conditional use provisions not nonconforming uses. All uses lawfully existing on the effective date of the LDC or any subsequent amendment to this Code, which are permitted as a conditional use in a district under the terms of the LDC or any subsequent amendment to this Code, shall not be deemed a nonconforming use in such district, but shall without further action be deemed to have a conditional use permit. F. Change to conforming use requires future conformity with district regulations. Where a structure, or structure and premises in combination, in or on which a nonconforming use is replaced by a permitted use shall thereafter conform to the regulations for the district in which the structure is located, and [sic] the nonconforming use shall not thereafter be resumed nor shall any other nonconforming use be permitted. G. Nonconformities not involving the use of a principal structure. Nonconformities not involving the use of a principal structure, including, but not limited to, open storage, building supplies, vehicles, mobile homes, trailers, equipment and machinery storage, junkyard, commercial animal yards and the like, shall be discontinued within one (1) year of the effective date of the LDC or relevant amendment of the LDC. H. Safety of nonconformities. 1. If a nonconforming structure or portion of a structure, or any structure containing a nonconforming use becomes physically unsafe or unlawful due to lack of repairs or maintenance, and is declared by the duly authorized official of Collier County to be unsafe or unlawful by reason of physical condition, it shall not thereafter be restored, repaired, or rebuilt except in conformity with the regulations of the district in which it is located. 2. If a nonconforming structure or portion of a structure, or any structure containing a nonconforming use, becomes physically unsafe or unlawful for reasons other this lack of repairs or maintenance, nothing contained herein shall be deemed to prevent the strengthen- ing or restoring to a safe condition of such building or part thereof declared to be unsafe by the authorized official of Collier County charged with the public safety; provided, however, that where such unsafeness or unlawfulness is the result of damage from destruction, the percentage of damage limitations set out in section 9.03.02 F.3., as the case may be, shall apply. (Ord. No. 04-72, § 3.Y) 9.03.02 Requirements for Continuation of Nonconformities Where, at the effective date of adoption or relevant amendment of the LDC, lawful use of lands or waters exists which would not be permitted under the LDC, the use may be continued, so long as it remains otherwise lawful, provided: A. Enlargement, increase, intensification, alteration. No such nonconforming use shall be enlarged, intensified, increased, or extended to occupy a greater area of land, structure, or water than was occupied at the effective date of adoption or relevant amendment of the LDC, except a single-family, duplex, or mobile home use as provided for within section 9.03.03 B.4. VARIATIONS FROM CODE REQUIREMENTS 9.03.01 C.9.03.02 A.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC9:5Supp. No. 32 B. Extension of use in building manifestly designed for such use. Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the effective date of adoption or relevant amendment of the LDC. Any nonconforming use which occupied a portion of a building not originally designed or intended for such use shall not be extended to any other part of the building. No nonconforming use shall be extended to occupy any land outside the building, nor any additional building on the same lot or parcel, not used for such nonconforming use at the effective date of adoption or relevant amendment of the LDC. C. Change in tenancy or ownership. There may be a change in tenancy, ownership, or management of a nonconforming use provided there is no change in the nature or character of such nonconforming use. D. Change in use. If no structural alterations are made, any nonconforming use of a structure, or of a structure and premises in combination may be changed to another nonconforming use of the same character, or to a more restricted nonconforming use, provided the Hearing Examiner, or Board of Zoning Appeals after CCPC recommendation, upon application to the County Manager or designee, shall find after public notice and hearing that the proposed use is equally or more appropriate to the district than the existing nonconforming use and that the relation of the structure to surrounding properties is such that adverse effect on occupants and neighboring properties will not be greater than if the existing nonconforming use is continued. In permitting such change, the Hearing Examiner, or Board of Zoning Appeals after CCPC recommendation, may require appropriate conditions and safeguards in accordance with the intent and purpose of the LDC. E. Movement. No such nonconforming use shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by such use at the effective date of adoption or relevant amendment of the LDC. F. Discontinuance or destruction. 1. If any such nonconforming use ceases for any reason (except where governmental action impedes access to the premises) for a period of more than 1 year, any subsequent use of land shall conform to the regulations specified by the LDC for the district in which such land is located. 2. Notwithstanding the above definitions of discontinuance relative to a nonconforming use of land or water or structure, where the use of land, water or a structure has ceased for a period of more than 1 year, and where such property or use is deficient in the required amount of paved, striped parking, including parking and access to the structure for the disabled; water management facilities; landscaping; and other site improvements as required in Chapter Four of the LDC, prior to the recommencement of any use of land, water or structure, said deficiencies as may apply shall be remedied, to the greatest extent possible given the physical constraints on the property, via the appropriate administrative processes found in Chapter Ten, or as otherwise required by the LDC. 3. When nonconforming use status applies to a major structure or structures, or to a major structure or structures and premises in combination, removal or destruction of the structure or structure shall eliminate the nonconforming status of the land. "Destruction" of the structure for purposes of this subsection is hereby defined as damage to the extent of more COLLIER COUNTY LAND DEVELOPMENT CODE 9.03.02 B.9.03.02 F.3.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC9:6Supp. No. 32 than fifty (50) percent of the replacement cost at the time of the destruction. Upon removal or destruction as set out in this section, the use of land and structures shall therefore conform to the regulations for the district in which such land is located. G. Repairs and maintenance. On any nonconforming structure or portion of a structure and on any structure containing a nonconforming use, work may be done in any period of twelve (12) consecutive months on ordinary repairs, or on repair or replacement of nonbearing walls, fixtures, wiring, or plumbing to an extent not exceeding twenty (20) percent of the current assessed valuation of the structure (or of the nonconforming portion of the structure if a nonconforming portion of a structure is involved), provided that the cubic content of the structure existing at the date it becomes nonconforming shall not be increased except subject further to the exception provided at section 9.03.03 B., herein. H. Subdivision or structural additions. No land in nonconforming use shall be subdivided, nor shall any structures be added on such land except for the purposes and in a manner conforming to the regulations for the district in which such land is located; provided, however, that subdivision may be made which does not increase the degree of nonconformity of the use. (Ord. No. 12-38, § 3.BB; Ord. No. 25-51, § 3.K) 9.03.03 Types of Nonconformities A. Nonconforming lots of record. In any district, any permitted or permissible structure may be erected, expanded, or altered on any lot of record at the effective date of adoption or relevant amendment to the LDC. 1. Except as provided herein, the minimum yard requirements in any residential district except RMF-6 shall be as for the most similar district to which such lot of record most closely conforms in area, width and permitted use, except that when possible the greater of any yard requirement in either district shall apply, and except when specifically provided for in the district regulations. a. Rural Agricultural (A) zoning district: i. Front Yard: 40 feet. ii. Side Yard: 10 percent of lot width, not to exceed 20 feet on each side. iii. Rear Yard: 30 feet. b. Estates (E) zoning district: See LDC section 2.03.01 for setbacks. c. RMF-12: i. Single-family dwellings revert to RSF-6 standards. ii. Duplex and multi-family dwellings revert to RMF-6 standards. d. Mobile Home (MH) zoning district: i. Front Yard: 10 feet. VARIATIONS FROM CODE REQUIREMENTS 9.03.02 F.3.9.03.03 A.1.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC9:7Supp. No. 32 ii. Side Yard: 5 feet or zero (0) foot. Where zero is used, the opposite yard must maintain a minimum of 10 feet. iii. Rear Yard: 8 feet. iv. Waterfront Yard (Side or Rear): 10 feet. 2. The minimum side yard requirement in any commercial or industrial district shall be equal to the height of the proposed principal structure, or the minimum side yard requirement in the district, whichever is lesser. 3. Nonconforming through lots, which are nonconforming due to inadequate lot depth, may have a reduced front yard along the local road frontage. The reduction shall be computed at the rate of fifteen (15) percent of the depth of the lot, as measured from edge of the right-of-way. Front yards along the local road shall be developed with structures having an average front yard of not less than six (6) feet; no building thereafter erected shall project beyond the average line. The reduced front yard setback shall be prohibited along a collector or arterial roadway. 4. When two or more adjacent legal nonconforming lots of record are either combined under a single folio or parcel number for taxing purposes by the property appraiser's office, or combined as a single parcel by recording the previously separate non-conforming lots into one legal description, neither or both of these actions will prohibit the owner or future owners from subsequently splitting the parcel into two or more folio or parcel numbers for tax purposes, or severing the parcels into their former legal descriptions as legal nonconform- ing lots of record according to the original legal description(s) at the time the property was recognized as legal nonconforming. Prior to any two or more adjacent legal non- conforming lots being combined for development, a legally binding document must be recorded to reflect a single parcel with a unified legal description. Once such a document has been recorded to amend the legal description and a development permit has been approved by the County for development as that unified parcel, the property cannot be split or subdivided except as may then be allowed by this Code. 5. Nonconforming Corner Lots. Corner lots of record which existed prior to the date of adoption of Collier County Ordinance No. 82-2 [January 5, 1982] and which do not meet minimum lot width or area requirements established in the LDC, shall be required to provide only one full depth front yard. The full depth front yard requirement shall apply to the front yard which has the shorter or shortest street frontage. The setback requirement for the remaining front yard(s) may be reduced to 50 percent of the full front yard setback requirement for that district, exclusive of any road right-of-way or road right-of-way easement. For setbacks for Estates (E) zoning district, see Section 2.03.01. 6. RMF-6 Districts. A two family or duplex dwelling unit may be constructed on any legal non-conforming lot of record when the minimum lot area is 9,750 square feet or greater and an agreement for deed or deed was recorded prior to January 5, 1982 to establish the lot. A single family dwelling unit may be constructed on any legal non-conforming lot of record provided an agreement for deed or deed was recorded prior to January 5, 1982 to establish the lot. COLLIER COUNTY LAND DEVELOPMENT CODE 9.03.03 A.1.9.03.03 A.6.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC9:8Supp. No. 32 B. Nonconforming structures. Where a structure lawfully exists at the effective date of the adoption of this ordinance or relevant amendment that could not be built under the LDC by reason of restrictions on lot area, lot coverage, height, yards, location on the lot, or requirements other than use concerning the structure, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions: 1. No such nonconforming structure may be enlarged or altered in a way which increases its nonconformity, but any structure or portion thereof may be altered to decrease its nonconformity; provided, however, that the alteration, expansion, or replacement of nonconform- ing single-family dwellings, duplexes or mobile homes shall be permitted in accordance with section 9.03.03 B.4. 2. Should such nonconforming structure or nonconforming portion of a structure be destroyed by any means to an extent of more than fifty (50) percent of its actual replacement cost at time of destruction, as determined by a cost estimate submitted to the site development review director, it shall not be reconstructed except in conformity with provisions of the LDC. a. Docks and boathouses are not subject to the provisions of Section (B)(2) above. docks and boathouses must be reconstructed to conform to the Code only if the reconstruction of the dock or boathouse will expand or alter the original nonconform- ing facility with regard to deck area, protrusion, setbacks, or the addition of any covered structure, regardless of the percentage of destruction or repairs performed. The determination of legal nonconforming status will be established by presentation of a signed, sealed survey, a copy of the Property Appraiser's record, or other dated photography or documentation showing that the facility existed in its present location and configuration prior to 1990. Any expansion of the facility, no matter how insignificant will void legal nonconforming status and require strict compliance to the Code. 3. Should such structure be moved for any reason for any distance whatever, other than as a result of governmental action, it shall thereafter conform to the regulations for the district in which it is located after it is moved. 4. Nonconforming residential structures, which for the purpose of this section shall mean detached single-family dwellings, duplexes or mobile homes in existence at the effective date of this zoning Code or its relevant amendment and in continuous residential use thereafter, may be altered, expanded, or replaced upon approval of the Hearing Examiner by decision or Board of Zoning Appeals by resolution after CCPC recommendation. 5. Notwithstanding the foregoing restrictions as to reconstruction, any residential structure or structures in any residential zone district may be rebuilt after destruction to the prior extent, height and density of units per acre regardless of the percentage of destruction, subject to compliance with the applicable building code requirements in effect at the time of redevelop- ment. In the event of such rebuilding, all setbacks and other applicable district requirements shall be met unless a variance therefore is obtained from the Board of Zoning Appeals. For the purpose of this section, a hotel, motel, or boatel shall be considered to be a residential structure. Since the size and nature of the alteration, expansion or replacement of such nonconforming structures may vary widely, a site plan, and if applicable, preliminary building VARIATIONS FROM CODE REQUIREMENTS 9.03.03 B.9.03.03 B.5.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC9:9Supp. No. 32 plans indicating the proposed alteration, expansion or replacement shall be presented with each petition. Prior to granting such alteration, expansion or replacement of a nonconforming single-family dwelling, duplex or mobile home, the Hearing Examiner or Board of Zoning Appeals after CCPC recommendation shall consider and base its approval on the following standards and criteria: a. The alteration, expansion, or replacement will not increase the density of the parcel or lot on which the nonconforming single-family dwelling, duplex, or mobile home is located; b. The alteration, expansion, or replacement will not exceed the building height requirements of the district most closely associated with the subject nonconforming use; c. The alteration, expansion, or replacement will not further encroach upon any nonconforming setback; d. The alteration, expansion, or replacement will not decrease or further decrease the existing parking areas for the structure; e. The alteration, expansion, or replacement will not damage the character or quality of the neighborhood in which it is located or hinder the proper future development of the surrounding properties; and f. Such alteration, expansion, or replacement will not present a threat to the health, safety, or welfare of the community or its residents. C. Requirements for improvements or additions to nonconforming mobile homes. 1. Improvements or additions to nonconforming mobile homes containing conforming uses, in the A agriculture district only, shall be permitted if the addition or improvement complies fully with the setback and other applicable regulations. 2. Issuance and reissuance of building permits when multiple mobile homes are located on a single parcel of land: Where specific zoning districts permit mobile home development and said lands have been substantially developed prior to the effective date of the LDC with multiple mobile homes under singular ownership without an approved site development plan, as required by Chapter Ten of the LDC, no further building permits for the placement or replacement of mobile homes may be obtained except as defined below. 3. Prior to issuance of any building permit for replacement of a mobile home, the property owner or authorized agent shall provide the County Manager or designee, or his designee, with three copies of a scaled drawing of the subject parcel which indicates: a. Proof of building permit issuance for structure being replaced. b. The location of the structure to be replaced and its relationship to adjacent mobile homes and parcel boundaries. COLLIER COUNTY LAND DEVELOPMENT CODE 9.03.03 B.5.9.03.03 C.3.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC9:10Supp. No. 32 4. Prior to issuance of a building permit for any additional mobile home(s), the applicant or authorized agent shall obtain a site development plan, consistent with Chapter 10 of the LDC. As part of the SDP application, building permit numbers of all existing mobile homes shall be submitted. 5. In no case shall the issuance or reissuance of building permits cause the density of the subject parcel to exceed that provided in the density rating system of the GMP or the Immokalee future land use map, except as may be provided in section 9.03.03 B.4. of the LDC. D. Nonconforming signs. See LDC section 5.06.09 for Nonconforming Sign Requirements. (Ord. No. 09-43, § 3.B; Ord. No. 14-33, § 3.Y; Ord. No. 21-25, § 3.D; Ord. No. 25-51, § 3.L) 9.03.07 Nonconformities Created or Increased by Public Acquisition A. Applicability. 1. For purposes of this section, "acquisition" means any method of acquiring private property for public use, including dedication, condemnation, or purchase. 2. This section applies to the acquisition for present or planned public use by the following party or parties: (i) Collier County; (ii) another governmental entity; (iii) public or private utility companies providing public service; and/or (iv) a private party or parties under agreement with Collier County or other government entity. B. Lot Area 1. Unimproved Lots: If an unimproved lot has sufficient area for the subdivision of three (3) or fewer conforming lots, and part of the lot is acquired for public purpose, then it may be subdivided after the acquisition to the same number of lots that could have been achieved prior to the acquisition. Each newly created lot must contain at least eighty (80) percent of the required minimum lot area. 2. Improved or Unimproved Lots. No conforming lot otherwise qualifying for a lot split or lot line adjustment pursuant to the provisions of this Code may be denied approval solely on the grounds that the resulting lot or lots would be less than the required minimum area for such lot(s) in the applicable zoning district as a result of acquisition, from Feb. 14, 2006, if the newly created lots contain at least eighty (80) percent of the required minimum lot area. C. Other Nonconformities: 1. Required yards on improved lots, lot coverage on improved lots, and lot dimensions rendered nonconforming or more legally nonconforming as a result of a portion being acquired for public use, may be reduced by the same dimension, area, or amount involved in the dedication, condemnation, purchase, or similar method of acquisition; and 2. Any structure that is not located within the acquisition area, but is made nonconforming in terms of a required yard or setback as a result of the acquisition, need not be relocated, except as follows: a. The County Manager or designee determines that leaving the structure or a site related condition in its pre-acquisition location may create an unsafe condition, in VARIATIONS FROM CODE REQUIREMENTS 9.03.03 C.4.9.03.07 C.2.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC9:11Supp. No. 32 which case the structure shall be relocated the minimum distance necessary to address the public safety concern or the site related condition shall be modified to a safe condition; and b. A front yard of at least ten (10) feet in depth shall be maintained for all building structures. c. The resulting degree of nonconformity of the area and dimensions of a lot and the required yards with this Code's then current requirements are considered lawful unless or until the remaining lot or lots in combination are: (i) recreated or replatted, combining the subject lot or lots with an adjacent lot or lots resulting in a unified plan of development; or (ii) improved such that the value of the proposed improvements are equal to or greater than 50 percent of the total replacement value of the structures and site improvements on the lots or lot combinations existing at the time of improvement. The replacement value shall be calculated by a Florida licensed property appraiser. In the occurrence of either condition (i) or (ii) above, the lot or lots must comply with the requirements then established by this Code or as may be set forth within a PUD if applicable. Otherwise, any legal and conforming site modification or change of use shall not trigger a requirement to bring the nonconformity created by the acquisition into conformance with the then required provisions. 3. Any other site related nonconformity or site related condition resulting from the acquisition, including those rendered more nonconforming, shall be considered legally nonconforming, including stormwater management facilities, landscaping, open space, native vegetation, conservation areas, buffers and preserves, on- or off-site parking, vehicle stacking, throat lengths, or non-structural architectural design standards. All such nonconformities are allowed to remain legally nonconforming and in their existing location(s) and/or configuration(s), provided they continue to function adequately to meet their intended purpose, except where it is determined by the County Manager or designee that such newly created or increased nonconformity or site related condition constitutes an unsafe condition. In those cases where it is determined that the newly created or increased nonconformity or related condition constitutes an unsafe condition, the nonconformity or site related condition shall be relocated or modified in accordance with paragraph 2.a. above, as applicable. In any case, such nonconformities are subject to the limitations set forth in paragraph 2.c., above. D. Post Take Plan. This section addresses the development, review and approval of post-take cure plans for remainder properties to mitigate and/or eliminate the negative and potentially costly impacts resulting from the taking of a property for public purposes. In such cases, it may be determined to be in the public interest to allow some deviations from applicable LDC or PUD provisions, or Conditional Use requirements, in order to accommodate site modifications and/or enhancements, designed to cure, remedy, mitigate, minimize or resolve otherwise negative site impacts resultant from public acquisition. 1. The Administrative Code shall establish the submittal requirements for a Post Take Plan and the applicant shall provide the following: a. The boundary or special purpose survey shall be signed and sealed by a professional surveyor and mapper licensed to practice in the State of Florida. b. The appropriate fee as established by the Board of County Commissioners. COLLIER COUNTY LAND DEVELOPMENT CODE 9.03.07 C.2.9.03.07 D.1.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC9:12Supp. No. 32 2. The property owner or the County may request the following deviations from the LDC, PUD or Conditional Use requirements, as may be applicable: a. Landscape Buffers may be reduced from the required width or depth; but shall not result in a buffer of less than 5 feet in width or depth. Landscape buffers which have been completely eliminated by the acquisition may be replaced beyond the acquisi- tion area; but shall not result in a buffer of less than 5 feet in width or depth. All required plant materials and irrigation requirements shall remain within the reduced buffer area or shall be relocated or installed as a condition of the Post Take Plan approval. b. Water management facilities, including retention, detention and conveyance may occupy up to 75 percent of a landscape buffer width, if there is a minimum remaining planting area of at least 5 feet. c. Required native vegetation, preserve, or open space requirements may be reduced by an amount not to exceed 10 percent. 3. Deviations other than those set forth in paragraphs D.2.a. through D.2.c. above, or exceeding the minimums or maximums established therein, may also be approved, subject to the following procedures: a. In addition to the requirements for submittal of a Post Take Plan established in the Administrative Code within 60 days of the date of submittal of the Post Take Plan to Collier County the applicant shall also notify property owners in accordance with notice procedures established in LDC section 10.03.06 S, as may be applicable. b. The notice shall: (1) list the requested deviations other than those set forth in paragraph 2, above, or exceeding the minimums and maximums established in that subsection; (2) provide a brief narrative justification for such deviation(s); and (3) provide a copy of the Post Take Plan (in 11 by 17 inch or 8.5 by 11 inch format). 4. Approval Criteria and Process. a. If no written objection is received within 30 days of the date of mailing of the notice, the Post Take Plan is deemed approved. b. If an abutting property owner who receives a notice submits a written objection to Collier County within 30 days of the date of mailing of notice, the matter shall be scheduled for public hearing before the Hearing Examiner (HEX), or if the Hearing Examiner has a conflict, then by the Planning Commission. Public notice for the hearing shall comply with LDC section 10.03.05 C, as may be applicable, and shall specifically note the location of the property and the requested deviations. The HEX or CCPC, in considering whether to approve, approve with conditions, or deny the proposed Post Take Plan, shall consider the following: i. Whether the deviation is the minimum amount necessary to mitigate for the impacts of the acquisition, while still protecting the public health, safety, and welfare; and VARIATIONS FROM CODE REQUIREMENTS 9.03.07 D.2.9.03.07 D.4.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC9:13Supp. No. 32 ii. Whether the County or property owner has or will mitigate for impacts from the requested deviation(s) on neighboring properties by maintaining or enhancing compatibility through various measures, including but not limited to the installation of additional landscape plantings or the installation of fences or walls; and iii. Whether the requested deviations are consistent with and further applicable policies of the GMP and the requirements of the LDC, PUD, or Conditional Use, as may be applicable. 5. Within 30 days of approval, approval with conditions, or denial of a Post Take Plan by the HEX or CCPC, the applicant, affected property owner, or abutting property owner may appeal the decision to the Board of Zoning Appeals. For the purposes of this section, an aggrieved or adversely affected party is defined as any person or group of persons which will suffer an adverse effect to any interest protected or furthered by the Collier County Growth Manage- ment Plan, Land Development Code, or building code(s). If an appeal is filed by an abutting property owner, and said appeal is successful, Collier County shall reimburse said appellant for the appeal application fee and any associated advertising costs. E. This section (9.03.07) applies to acquisitions which occurred prior to the adoption of this ordinance if the purchase or dedication of the property has not closed, or the condemnation proceeding relating to the property acquired has exhausted all available appeals. (Ord. No. 08-63, § 3.GG; Ord. No. 13-56, § 3.GG; Ord. No. 25-51, § 3.M) 9.04.00 VARIANCES 9.04.01 Generally A. Purpose. In specific cases, variance from the terms of the LDC may be granted where said variance will not be contrary to the public interest, safety, or welfare and where owing to special conditions peculiar to the property, a diminution of a regulation is found to have no measurable impact on the public interest, safety or welfare; or a literal enforcement of the LDC would result in unnecessary and undue hardship, or practical difficulty to the owner of the property and would otherwise deny the property owner a level of utilization of his/her property that is consistent with the development pattern in the neighborhood and clearly has no adverse effect on the community at large or neighboring property owners. B. Historic Places. Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in the remainder of this section. C. For specific procedures associated with Variances, please see section 10.09.00 of the LDC. (Ord. No. 05-27, § 3.QQ) COLLIER COUNTY LAND DEVELOPMENT CODE 9.03.07 D.4.9.04.01 C.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC9:14Supp. No. 32 9.04.02 Types of Variances Authorized A variance is authorized for any dimensional development standard, including the following: height, area, and size of structure; height of fence; size of yards and open spaces; dimensional aspects of landscaping and buffering requirements; size, height, maximum number of, and minimum setback for signs; and minimum requirements for off-street parking facilities. A. Variances for signs. The variance procedure for signs is provided in section 5.06.00, the Collier County Sign Code. (Ord. No. 06-07, § 3.Q; Ord. No. 09-43, § 3.B; Ord. No. 12-38, § 3.CC) 9.04.03 Criteria for Variances Findings. Before any variance shall be recommended for approval to the board of zoning appeals, the planning commission shall consider and be guided by the following standards in making a determination: A. There are special conditions and circumstances existing which are peculiar to the location, size, and characteristics of the land, structure, or building involved. B. There are special conditions and circumstances which do not result from the action of the applicant, such as pre-existing conditions relative to the property which is the subject of the variance request. C. A literal interpretation of the provisions of the LDC work unnecessary and undue hardship on the applicant or create practical difficulties on the applicant. D. The variance, if granted, will be the minimum variance that will make possible the reasonable use of the land, building, or structure and which promote standards of health, safety, or welfare. E. Granting the variance requested will not confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district. F. Granting the variance will be in harmony with the intent and purpose of the LDC, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare. G. There are natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation, such as natural preserves, lakes, golf course, etc. H. Granting the variance will be consistent with the GMP. (Ord. No. 05-27, § 3.QQ) 9.04.04 Specific Requirements for Minor After-the-Fact Encroachment Minor after-the-fact yard encroachments for structures, including principal and accessory structures, may be approved administratively by the County Manager or designee. Exceptions to required yards as provided for within LDC section 4.02.01 D. shall not be used in the calculations of existing yard encroachments. A. For both residential and non-residential structures the County Manager or designee may administratively approve minor after-the-fact yard encroachments of up to five (5) percent of the required yard, not to VARIATIONS FROM CODE REQUIREMENTS 9.04.02 9.04.04 A.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC9:15Supp. No. 32 exceed a maximum of six (6) inches when a building permit has been issued and a certificate of occupancy has not been granted. The encroachment applies to the yard requirement in effect as of the date the building permit was issued. B. For both residential and non-residential structures, the County Manager or designee may administratively approve minor after-the-fact yard encroachments of up to ten percent of the required yard with a maximum of two feet when a building permit and certificate of occupancy has been granted. The encroachment applies to the yard requirement in effect as of the date the building permit was issued. 1. Exception. Residential structures shall be deemed compliant with the applicable development standards and no variance shall be required when the following additional conditions apply: a. The building permit and certificate of occupancy were approved in compliance with the required setbacks in effect at that time; b. The encroachment does not exceed three inches into the required yard; c. The only portion of the structure encroaching into the required yard is the exterior wall treatment; and d. The required structure to structure separation, as identified in LDC section 4.02.03, is satisfied. C. For property supporting a single-family home, two-family home, duplex, mobile home or modular home, the County Manager or designee may administratively approve encroachments of up to twenty-five (25) percent of the required yard in effect as of the date of the building permit when one of the following conditions exists: 1. In the presence of mitigating circumstances, where the encroachment does not result from error or action on the part of the property owner and a building permit has been issued. 2. Where no building permit record can be produced and the following criteria are met: a. An after-the-fact building permit for the structure, or portion of the structure, is issued prior to the approval of the administrative variance. The administrative variance will only be approved once all inspections have been completed. The certificate of occupancy shall be placed on hold until the administrative variance is approved. b. The encroaching structure, or portion of the structure, was constructed prior to the purchase of the subject property by the current owner. c. Evidence is presented showing that the encroaching structure, or portion of the structure, was constructed at least two (2) years prior to the date of application for the administrative variance. This evidence may be in the form of a survey, property card, or dated aerial photograph clearly showing the encroachment. d. The encroaching structure is either an addition of living area to a principal structure, or an accessory structure of at least two hundred (200) square feet in area. COLLIER COUNTY LAND DEVELOPMENT CODE 9.04.04 A.9.04.04 C.2.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC9:16Supp. No. 32 e. The encroachment presents no safety hazard and has no adverse affect on the public welfare. D. Where a structure was lawfully permitted within a residential zoning district under a previous code, and where said structure is considered nonconforming under the current Land Development Code, due to changes in the required yards, the County Manager or designee may administratively approve a variance for an amount equal to or less than the existing yard encroachment. E. Under no circumstances shall any administrative variance be approved which would allow a reduction of the separation between structures to less than ten (10) feet. F. Administrative variances approved pursuant to the above do not run with the land in perpetuity and remain subject to the provisions of this section regarding nonconforming structures. (Ord. No. 06-63, § 3.OO; Ord. No. 16-27, § 3.U; Ord. No. 18-18, § 3.N; Ord. No. 20-16, § 3.J) 9.04.05 Reserved. Editor’s note—Ord. No. 24-11, § 3.DD, adopted March 26, 2024, repealed § 9.04.05, which pertained to specific requirements for variances to flood hazard protection requirements. 9.04.06 Specific Requirements for Variance to the Coastal Construction Setback Line A. The coastal construction setback line shall be that coastal construction setback line established by the DEP of the State of Florida pursuant to F.S. § 161.053 and recorded in Coastal setback line Book 1, pages 1 through 12 inclusive, recorded October 31, 1974, as Clerk's Instrument No. 365665 of the public records of Collier County, Florida. B. Setback lines established under this LDC shall be reviewed upon petition of affected riparian upland owners. The Hearing Examiner or BZA shall decide, after due public notice and hearing, whether a change in the setback line is justified, and shall notify the petitioner in writing. The present setback lines are presumed to be correct, and no change in setback lines are presumed to be correct, and no change in setback lines shall be made except upon an affirmative showing by petitioner that any construction line established hereunder is a minimum of 150 feet landward of the mean high-water line or seventy-five (75) feet landward of the vegetation line whichever is greater; and that considering ground elevations in relation to historical storm and hurricane tides, predicted maximum wave uprush, beach and offshore ground contours, the vegetation line, erosion trends, the dune or bluff line, if any exist, and existing upland development, that the general public health and welfare are preserved, upland properties protected, and beach and sand dune erosion controlled. C. It shall be unlawful for any person, firm, corporation, or agency, public or private, to construct, reconstruct, or change existing structures, make any excavation, remove any beach material or otherwise alter existing ground elevations, drive any vehicle on, over or across any sand dune, or damage or cause to be damaged any sand dune, or the vegetation growing thereon and/or seaward of said dune, seaward of the coastal construction setback line, except as hereinafter provided. D. If in the immediate contiguous or adjacent area a "number of existing structures" have established a reasonably continuous and uniform construction line closer to the line of mean high water than the line as herein established, and if said existing structures have not been unduly affected by erosion, a proposed structure may be permitted along such line if such proposed structure is also approved by the BCC. VARIATIONS FROM CODE REQUIREMENTS 9.04.04 C.2.9.04.06 D.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC9:17Supp. No. 32 E. The BCC may authorize the construction of pipelines or piers extending outward from the shoreline, unless it determines that the construction of such projects would cause erosion of the beach in the area of such structures. F. Reserved. G. Procedures for obtaining variance. 1. A written petition requesting a variance from the established setback line shall be filed with the BCC or their designee. The petition shall set forth: a. A description of petitioner's property to include the information requested on a current Collier County request for a coastal construction setback line variance form; b. A description of the established setback line and the line which petitioner wishes to be varied; c. The justification upon which the petitioner relies for the granting of the variance, to include compliance with the Collier County growth management plan, conservation and coastal management element. 2. Notice and public hearing for coastal construction setback line variances. An application for coastal construction setback line (CCSL) variance shall be considered by the Hearing Examiner or BZA pursuant to the following public notice and hearing requirements. a. The applicant shall post a sign at least 45 days prior to the date of the public hearing by the Hearing Examiner or BZA. The sign shall contain substantially the following language and the sign copy shall utilize the total area of the sign: PUBLIC HEARING REQUESTING CCSL VARIANCE APPROVAL (both to contain the following information:) TO PERMIT: (Sufficiently clear to describe the type of variance requested). DATE: TIME: TO BE HELD IN HEARING EXAMINER OR BOARD OF COUNTY COMMISSION- ERS MEETING ROOM, COLLIER COUNTY GOVERNMENT CENTER. b. The area of a property sign shall be as follows: i. For a property less than one acre in size, the sign shall measure at least one and one-half square feet in area. ii. For a property one acre or more in size, the sign shall measure at least 32 square feet in area. c. In the case of a sign located on a property less than one acre in size, such sign shall be erected by the County Manager or his designee in full view of the public on each street side of the subject property and on the side of the property visible from the COLLIER COUNTY LAND DEVELOPMENT CODE 9.04.06 E.9.04.06 G.2.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC9:18Supp. No. 32 beach. Where the property for which approval is sought is landlocked or for some other reason a sign cannot be posted directly on the subject property, then the sign shall be erected along the nearest street right-of-way, with an attached notation indicating generally the distance and direction to the subject property. d. In the case of sign(s) located on a property one acre or more in size, the applicant shall be responsible for erecting the required sign(s). The sign(s) shall be erected in full view of the public on each street upon which the subject property has frontage and on the side of the property visible from the beach. Where the subject property is landlocked, or for some other reason the sign(s) cannot be posted directly on the property, then the sign(s) shall be erected along the nearest street right-of-way, with an attached notation indicating generally the distance and direction to the subject property. There shall be at least one sign on each external boundary which fronts upon a street, however, in the case of external boundaries along a street with greater frontages than 1,320 linear feet, signs shall be placed equidistant from one another with a maximum spacing of 1,000 linear feet, except that in no case shall the number of signs along an exterior boundary fronting on a street exceed four signs. The applicant shall provide evidence to the County Manager or designee that the sign(s) were erected by furnishing photographs of the sign(s) showing the date of their erection at least ten days prior to the scheduled public hearing by the BCC. The sign(s) shall remain in place until the date of either of the following occurrences: 1. Final action is taken by the Hearing Examiner or BZA; or 2. The receipt of a written request by the County Manager or designee from the applicant to either withdraw or continue the petition indefinitely. e. Notice of the time and place of the public hearing by the Hearing Examiner or BZA shall be legally advertised at least one time and at least 15 days prior to the public hearing. Where applicable, the notice shall clearly describe the proposed variance. The advertisement shall also include a location map that identifies the approximate geographic location of the subject property. f. The Hearing Examiner or BZA shall hold one advertised public hearing on the proposed variance and may, upon the conclusion of the hearing, immediately adopt the decision or resolution, as applicable, approving the variance. 3. The Hearing Examiner or BZA shall notify petitioner in writing of its decision within 15 days of the public hearing. 4. Any person aggrieved by a decision of the Hearing Examiner or BZA granting or denying a variance may apply to the circuit court of the circuit in which the property is located for judicial relief within 30 days after rendition of the decision by the Hearing Examiner or BZA. Review in the circuit court shall be by petition for a writ of certiorari and shall be governed by the Florida Appellate Rules. H. Exemptions. Exemptions shall be reviewed administratively for compliance with applicable county codes, and shall not be heard by the BCC. Exemptions to this section 9.04.06 shall include: 1. The removal of any plant defined as exotic vegetation by county code. VARIATIONS FROM CODE REQUIREMENTS 9.04.06 G.2.9.04.06 H.1.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC9:19Supp. No. 32 2. Any modification, maintenance, or repair, to any existing structure within limits of the existing foundation or footprint, which does not require, involve, or include any additions to, or repair or modifications of, the existing foundation of that structure, except those modifications required by code, excluding additions or enclosure added, constructed, or installed below the first dwelling floor or lowest deck of the existing structure. 3. Any structures, that: 1) do not constitute fixed structure(s), 2) do not require a building permit, 3) weigh less than 100 pounds, and 4) upon review by the County Manager or his designee does not present an actual or potential threat to the beach and the dune system and adjacent properties are exempt from the variance requirements of this section. This exemption shall not be effective during sea turtle nesting season (May 1—October 31) unless the structures are removed daily from the beach prior to 9:30 p.m. and are not moved onto, or placed on, the beach before completion of 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 (daily sea turtle monitoring), or unless the beach furniture is being actively used or attended during the period of time from 9:30 pm until the next day's monitoring. Exemptions allowed under this provision are not intended to authorize any violation of F.S. § 370.12, or any of the provisions of the Endangered Species Act of 1973, as it may be amended. (Ord. No. 05-27, § 3.QQ; Ord. No. 25-51, § 3.N) 9.04.07 Reserved Editor’s note—Ord. No. 13-56, § 3.HH, adopted September 24, 2013, repealed § 9.04.07, which pertained to specific requirements for waiver of automobile service station distance requirements. See Land Develop- ment Ordinance Disposition Table for complete derivation. 9.05.00 REASONABLE ACCOMMODATION FOR CERTIFIED RECOVERY RESIDENCES A. Requests for reasonable accommodation by certified recovery residences. This section implements the policy of the Board of County Commissioners of Collier County for processing and considering requests for reasonable accommodation to its zoning and land use ordinances, rules, policies, practices and/or procedures for certified recovery residences in compliance with Section 397.487, Florida Statutes. For purposes of this section, "Certified recovery residence" means a recovery residence that holds a valid certificate of compliance and is actively managed by a certified recovery residence administrator. A certified recovery residence may request a reasonable accommodation with respect to the county's land use or zoning laws, rules, policies, practices and/or procedures pursuant to the procedures and standards set out in this section. B. Submission of request for reasonable accommodation. A request for reasonable accommodation under this section shall be made in writing by completion of a reasonable accommodation request form, which form is maintained by (and shall be submitted to) the County Manager, or designee. The reasonable accommodation form shall contain such questions and requests for information as are necessary for processing the reasonable accommodation request. The reasonable accommodation request form shall include the information set forth in LDC subsection 9.05.00 K and the Administrative Code. C. Confidentiality of medical information or records. Should information provided to the County by the certified recovery residence include any medical information or records, including records indicating the medical condition, diagnosis or medical history of a resident, such certified recovery center may, at the time of submitting such medical information, request that the County, to the extent allowed by COLLIER COUNTY LAND DEVELOPMENT CODE 9.04.06 H.2.9.05.00 C.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC9:20Supp. No. 32 law, treat such medical information as confidential information of the resident. The County shall thereafter endeavor to provide written notice to the certified recovery residence (and/or their representative) of any request received by the County for disclosure of the medical information or records which the certified recovery center has previously requested be treated as confidential by the County. The County will defer to the certified recovery residence, to the extent allowed by law, in actions initiated by such certified recovery residence (and/or their representative) to oppose the disclosure of such medical information or records, but the County shall have no obligation to initiate, prosecute or pursue any such action, or to incur any legal or other expenses (whether by retention of outside counsel or allocation of internal resources) in connection therewith, and may comply with any judicial order without prior notice to the certified recovery residence. Notwithstanding, the foregoing shall not limit the County's ability to request and review information and documentation relevant to a certified recovery residence's eligibility for a reasonable accommodation as set forth in LDC subsection 9.05.00 E. D. Processing of request for reasonable accommodation; request by County for additional information. 1. When a reasonable accommodation request form has been completed and submitted to the County Manager, or designee, it will be referred to the County Manager, or designee, for review. The reasonable accommodation request form will be date-stamped upon receipt. The County Manager, or designee, shall render a recommendation to the Board of County Commissioners within thirty (30) days of receipt of the request for reasonable accommoda- tion. The Board of County Commissioners has the authority to consider and render the final determination on requests for reasonable accommodation at a duly noticed public meeting. The Board of County Commissioners, in their sole discretion, may also elect to have the Hearing Examiner render the final determination on the request for reasonable accommoda- tion at a duly noticed public hearing. The County shall inform the applicant in writing of the date and time of the meeting at least ten (10) days prior to said meeting. In addition, mailed notice shall be sent to property owners at least 10 days prior to the hearing. Mailed notice shall be to all property owners within 500 feet of the subject property in urban designated areas and within 1,000 feet of the subject property in rural designated areas. Notwithstanding LDC section 9.05.00 D.2, the County shall issue the written determination of the Board of County Commissioners, or the Hearing Examiner, within sixty (60) days of the date of receipt of a completed application in accordance with LDC section 9.05.00 F. 2. If reasonably necessary to reach a determination on the request for reasonable accommoda- tion, the County Manager, or designee, may request additional information from the certified recovery residence, specifying in sufficient detail what information is required. If additional information is required, the County Manager, or designee, shall notify the applicant in writing within the first 30 days after receipt of the application and allow the applicant at least 30 days to respond. If the applicant fails to provide the requested additional information within said 30-day period, the County Manager, or designee, shall issue a written notice advising that the applicant failed to timely submit the additional information, and therefore the request for reasonable accommodation shall be deemed abandoned and/or withdrawn and no further action by the County with regard to said reasonable accommodation request shall be required. In the event additional information is requested by the County Manager, or designee, the 60-day time frame for issuing a written determination shall be extended by 30 days. 3. If a written determination is not issued within 60 days after receipt of a completed application, the request is deemed approved unless the parties agree in writing to a reasonable extension VARIATIONS FROM CODE REQUIREMENTS 9.05.00 C.9.05.00 D.3.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC9:21Supp. No. 32 of time or the time period is extended under LDC section 9.05.00 D.2. The time periods specified herein may be extended by the mutual agreement of the County and certified recovery residence, with such extension confirmed in writing. E. Consideration of request for reasonable accommodation. In connection with a request for reasonable accommodation, the County Manager, or designee, shall consider, among other relevant factors, the following: 1. Eligibility of certified recovery residence. The applicant shall be required to establish that the operator and/or administrator of the certified recovery residence is qualified to provide such services and/or housing to qualifying individuals. An operator and/or administrator may establish its qualification by demonstrating that they are certified by the Florida Association of Recovery Residences, National Alliance for Recovery Residences, or other similar nationally recognized accrediting agency for recovery residences. 2. Demonstration that requested accommodation is both reasonable and necessary. The applicant shall demonstrate that the requested accommodation is both reasonable and necessary (as interpreted by the courts) and, if the request is with regard to housing, reasonable and necessary to afford the qualifying residents with an equal opportunity to use and enjoy the certified recovery residence that is the subject of the request, including the following factors: a. Therapeutic necessity. The applicant shall demonstrate that the proposed accom- modation is therapeutically necessary for sobriety. If the accommodation does not directly aid in sobriety (or if the request exceeds the demonstrated need), then the accommodation shall not be deemed therapeutically necessary. Further, the applicant shall demonstrate that the specific accommodation request constitutes the minimum necessary accommodation to achieve the stated therapeutic purposes. Lastly, if the request for reasonable accommodation is with regard to housing, the applicant shall provide a site-specific assessment with regard to the particular property for which the accommodation is requested. General statements of therapeutic necessity shall not be sufficient to satisfy the requirements of this subsection. b. Fundamental alteration. The applicant shall demonstrate that the proposed accom- modation does not constitute a fundamental alteration of the County's zoning scheme and/or other County programs/policies. An accommodation amounts to a fundamental alteration if it would eliminate an essential aspect of the relevant Code provision or policy. Factors to be considered in determining whether the proposed accommodation would result in a fundamental alteration of the County's zoning scheme include, but are not limited to, whether the accommodation is: i. Compatible with surrounding uses and structures in the zoning district; and ii. Substantially similar to surrounding uses and structures expressly permitted in the zoning district. An applicant shall not be entitled to a reasonable accommodation if the requested accommodation is incompatible with surrounding uses and structures in the zoning COLLIER COUNTY LAND DEVELOPMENT CODE 9.05.00 D.3.9.05.00 E.2.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC9:22Supp. No. 32 district, is not substantially similar to surrounding uses and structures expressly permitted in the zoning district, and the County has not otherwise routinely waived the applicable ordinance, rule, policy, practice or procedure. c. Undue financial or administrative burden. The applicant shall demonstrate that the proposed accommodation does not impose an undue financial or administrative burden on the County. d. Over-concentration of recovery residences. If the request for reasonable accommoda- tion is with regard to housing described in LDC subsection 9.05.00 E.2.b, the applicant shall demonstrate that the proposed accommodation will not result in an over-concentration of such housing located in close proximity. At a minimum, a certified recovery residence shall not be located within a radius of 1,000 feet of another certified recovery residence or within a radius of 1,200 feet from another existing community residential home as defined in Section 419.001(1)(a), Florida Statutes. e. Economic viability. There is a limited alternative to the establishment of therapeutic necessity in accordance with LDC subsection 9.05.00 E.2.a based upon economic viability. Although difficult to establish, to qualify under this limited alternative the applicant shall present documentation, reports, data, statistics and/or other objective evidence specifically demonstrating that the requested accommodation is necessary for the continued economic viability of the facility, residence or operator, as applicable. Underscoring the limited nature of this alternative, the following shall not be sufficient to establish that the proposed accommodation is necessary for continued economic viability: i. A decrease in the share of expenses and costs allocated per individual; ii. An increase in income or economic advantage to the certified recovery residence; or iii. A generalized statement regarding economic viability that is not supported by objective evidence in accordance with this subsection. Further, the applicant shall be required to demonstrate that it could not continue to operate with a smaller facility or residence serving fewer qualifying residents. F. Rendition of written determination on request for reasonable accommodation. The written determina- tion on a request for reasonable accommodation shall be sent to the certified recovery residence by certified mail. In the written determination, the Board of County Commissioners, or the Hearing Examiner, may: 1. Grant the request for reasonable accommodation; 2. Grant a portion of the request and deny a portion of the request, and/or impose conditions upon the grant of the request; or 3. Deny the request for accommodation stating with specificity the objective, evidence-based reasons for denial and identifying any deficiencies or actions necessary for reconsideration. VARIATIONS FROM CODE REQUIREMENTS 9.05.00 E.2.9.05.00 F.3.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC9:23Supp. No. 32 G. Appeal of written determination. Within 30 days of a written determination, any aggrieved person may appeal the decision to the circuit court having jurisdiction in the county for judicial relief. H. Waiver of fees and costs. There shall be no fee imposed by the County upon a certified recovery residence in connection with a request for reasonable accommodation under this section, and the County shall have no obligation to pay any aggrieved person's attorneys' fees or costs (or any other fees or costs) in connection with the request, or appeal, as applicable. I. Code enforcement. No certified recovery residence shall violate any ordinance, rule, policy, practice and/or procedure of the County until the certified recovery residence has requested and obtained a reasonable accommodation. The County shall not be prohibited from enforcing its ordinances, rules, policies, practices and/or procedures in the event of a violation by a certified recovery residence; provided, however, if a certified recovery residence requests a reasonable accommodation, then any order of the special magistrate imposing a fine and/or costs, pursuant to section 2-2030 of the Code of Laws, shall only become effective if such request for accommodation has been denied or withdrawn. J. General provisions. The following general provisions shall be applicable: 1. A certified recovery residence may apply for a reasonable accommodation on its own behalf or may be represented at all stages of the reasonable accommodation process by a person designated by the certified recovery residence. 2. The contents of the County's official records regarding a request for reasonable accommoda- tion (and other official records containing information regarding the request), including any documents presented and/or received at a public hearing, shall be deemed part of the record before the County without any action. 3. The County Manager, or designee, shall reject an application for a reasonable accommoda- tion if a similar request by the certified recovery residence has been considered by the County Manager, or designee, and denied at any time within twelve (12) calendar months immediately prior to the date the application is submitted. 4. The County may revoke the granted reasonable accommodation for cause, including but not limited to, a violation of the conditions of approval or the lapse, revocation, or failure to maintain certification or licensure required under this section, if not reinstated within 180 days. 5. In the event the certified recovery residence's certification or licensure is lapsed or revoked, the certified recovery residence must notify the County Manager, or designee, within three (3) days of said lapse or revocation. K. Reasonable accommodation request form. A request for a reasonable accommodation shall be on a form prescribed by the County and shall contain, at a minimum, the following information: 1. Name of applicant; 2. Telephone number; 3. Address; 4. Address of housing or other location at which accommodation is requested if applicable; COLLIER COUNTY LAND DEVELOPMENT CODE 9.05.00 G.9.05.00 K.4.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC9:24Supp. No. 32 5. Describe the accommodation and the specific regulation(s) and or procedure(s) from which accommodation is sought; 6. Describe the reasons the requested accommodation is reasonable and necessary; 7. Name, address and telephone number of applicant's representative, if applicable; 8. Signature of the operator and/or administrator of the certified recovery residence, as applicable. (Ord. No. 25-60, § 3) VARIATIONS FROM CODE REQUIREMENTS 9.05.00 K.5.9.05.00 K.8.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC9:25Supp. No. 32 H. Time limits for review, approval, and construction of site development plans, site improvement plans, and amendments thereof. 1. Site development plans, site improvement plans, and amendments thereof, will remain under review so long as a resubmittal in response to a county reviewer's comments is received within 270 days of the date on which the comments were sent to the applicant. If a response is not received within this time, the application for the site development plan, site improvement plan, and amendments thereof will be considered withdrawn and cancelled. Further review of the project will require a new application subject to the then current LDC. 2. Approved site development plans, site improvements plans, and amendments thereof shall remain in force for 3 years from the date of approval, as determined by the date of the approval letter. If construction has not commenced within 3 years, the approval term will expire and the approval of the site development plan, site improvement plan, and amendments thereof is of no force or effect. An amendment to the SDP may be applied for and may be granted prior to the original expiration date, so long as the proposed amendment complies with the LDC requirements in force at the time of the SDP amendment submittal. Two-year extensions for the approved site development plan, site improvement plan, and amendments thereof may be granted. A maximum of 2 extensions may be granted before an amendment is required. 3. Once construction has commenced, the approval term shall be determined as follows. The construction of infrastructure improvements approved under a site development plan, site improvement plan, or amendments thereof shall be completed, and the project engineer's completion certificate provided to the Engineering Services Director, within 30 months of the pre-construction conference, which will be considered the date of commencement of construction. Two-year extensions to complete construction may be granted. A maximum of two extensions may be granted before an amendment is required and the extension is reviewed for LDC compliance. Each request should provide written justification for the extension and shall be submitted to, and approved by the County Manager or designee prior to expiration of the then effective approval term. Thereafter, once the site development plan, site improvement plan, or amendments thereof approval term expires the site development plan, site improvement plan, or amendments thereof is of no force or effect. I. Electronic data requirements for site development plans, site improvement plans, and amendments thereof. During the review process for compliance with the LDC, as provided in this section, the applicant's professional engineer shall also submit digitally created construction/site plan documents, in an electronic format acceptable to the County Manager or designee. (Ord. No. 05-17, § 3; Ord. No. 05-27, § 3.UU; Ord. No. 06-07, § 3.T; Ord. No. 06-63, § 3.QQ; Ord. No. 07-67, § 3.S; Ord. No. 08-10, § 3.F; Ord. No. 08-11, § 3.O; Ord. No. 08-63, § 3.II; Ord. No. 09-43, § 3.B; Ord. No. 10-23, § 3.PP; Ord. No. 12-38, § 3.EE; Ord. No. 13-56, § 3.KK; Ord. No. 13-58, § 1.B; Ord. No. 16-27, § 3.V; Ord. No. 18-32, § 3.E; Ord. No. 20-16, § 3.K; Ord. No. 21-05, § 3.M; Ord. No. 22-04, § 3.I; Ord. No. 25-51, § 3.O) 10.02.04 Requirements for Subdivision Plats This section shall be read in conjunction with subdivision design standards, in particular, LDC Chapters 3, 4, and 6. APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES 10.02.03 H.10.02.04 ______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC10:41Supp. No. 32 A. Requirements for Conceptual Plat with Deviations (CPD). A conceptual plat with deviations provides an overall scheme of development for a subdivision. It may be used when only one phase of a multi-phased development is to be constructed. Except for an integrated phased development, a conceptual plat with deviations is optional while a final subdivision plat is mandatory. 1. Generally. a. Approved zoning. No conceptual plat with deviations shall be approved prior to final approval of the zoning or planned unit development for the proposed subdivision. However, the zoning application and the conceptual plat with deviations may be processed concurrently by the County Manager or designee at the request of the applicant. b. No development shall be allowed prior to approval of the construction plans and final subdivision plat, except for the early work authorization (EWA) permit and early construction authorization (ECA) permit pursuant to LDC section 10.02.00. c. Integrated phased developments. A conceptual plat with deviations application shall be submitted in accordance with this section for any integrated phased development. 2. Application for conceptual plats with deviations. a. The Administrative Code shall establish the process and submittal requirements for a conceptual plat with deviations. b. A conceptual plat with deviations shall include the entire property to be subdivided and recorded. c. The conceptual plat with deviations shall be prepared by the applicant's professional engineer and professional surveyor and mapper. d. The boundary survey for the conceptual plat with deviations shall be signed and sealed by a professional surveyor and mapper registered in the State of Florida. 3. Review by County Manager or designee. County Manager or designee shall approve, approve with conditions, or deny the conceptual plat with deviations utilizing the standards established in LDC chapters 3, 4, 6, and other provisions of the LDC. The decision to approve with conditions, or deny the conceptual plat with deviations may be appealed to the Board of County Commissioners pursuant to Code of Laws and Ordinances section 250-58. If the County Manager or designee should deny the conceptual plat with deviations, it shall be stated in writing the reasons for such denial, including the applicable code or regulatory basis for the conditions or denial. 4. Amendments. Any amendment to the approved conceptual plat with deviations submitted by the applicant shall be reviewed according to the standards established in LDC chapters 3, 4, 6, and other provisions of the LDC. The County Manager or designee shall have the authority to approve amendments to the approved conceptual plat with deviations provided those amendments are based on generally accepted, sound, professional engineering principles and practices in the state. Amendments shall be made prior to the processing of the construction plans and final subdivision plat. Requests for amendments shall be in writing in the form of an amended conceptual plat with deviations and shall provide clear and COLLIER COUNTY LAND DEVELOPMENT CODE 10.02.04 A.10.02.04 A.4.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC10:42Supp. No. 32 convincing documentation and citations to professional engineering studies, reports or other generally accepted professional engineering services in the state to substantiate the amendment requested. 5. Conditions. The County Manager or designee has the authority to approve requests for substitutions to the design standards contained in the LDC provided those requests are based on generally accepted, sound and safe, professional engineering principles and practices. Requests for substitutions shall be made in writing and shall provide clear and convincing documentation and citations to professional engineering studies, reports or other generally accepted professional engineering sources to substantiate the substitution requested. 6. Timing of development. Within 2 years after the date of written approval or approval with conditions of the conceptual plat with deviations, the applicant shall prepare and submit to the County Manager or designee the construction plans and final subdivision plat for at least the first phase of the proposed subdivision. Each subsequent phase of the conceptual plat with deviations shall be submitted within 2 years after the date of written approval of the immediately preceding phase of the proposed subdivision. a. Extensions. Two, 2-year extensions to submit the construction plans and final subdivision plat shall be granted for good cause shown upon written application submitted to the County Manager or designee prior to expiration of the preceding approval. When granting an extension the County Manager or designee shall require the conceptual plat with deviations be modified to bring the project into compliance with the LDC at the time of the extension request. 7. No vested rights. It is hereby expressly declared that the intent of this section is to create no vested rights in the applicant or owner of property which obtains approval of a conceptual plat with deviations, and the County shall not be estopped to subsequently deny approval of the construction plans and final subdivision plat based on changes in federal, state, or local laws or regulations, or upon any other facts or circumstances subsequently arising or considered which would adversely affect the feasibility or desirability of the conceptual plat with deviations, nor shall the County be estopped to deny any rezoning in which a conceptual plat with deviations is submitted in support of such rezoning. B. Construction Plans and Final Subdivision Plats (PPLs). Construction plans and final subdivision plats are commonly referred to as "plans and plat." 1. Generally. Final subdivision plat approval by the Board of County Commissioners is required before a final subdivision plat can be recorded. a. No final subdivision plat shall be approved by the Board until the construction plans have been reviewed and accepted by the County Manager or designee, except for a minor final subdivision plat pursuant to LDC section 10.02.04 D. b. The review and approval of construction plans does not authorize the construction of required improvements which are inconsistent with existing easement(s) of record. c. The required improvements shall be completed prior to recordation of the final subdivision plat unless the applicant files a subdivision performance security as identified in LDC section 10.02.04 F with the County. APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES 10.02.04 A.4.10.02.04 B.1.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC10:43Supp. No. 32 d. Where approval of construction plans and final subdivision plats will lead to the level of service for any public facility being reduced below the level established by the growth management plan for Collier County, the County shall deny approval to proceed with development until the requirements of LDC section 10.02.07 have been met. 2. Application for Construction Plans and Final Subdivision Plats. a. The Administrative Code shall establish the process and the submittal requirements for construction plans and final subdivision plats. For projects incorporating townhouse development on fee simple lots, additional submittal requirements are required and identified in the Administrative Code. All requirements established in this section shall also apply to townhouse development on fee simple lots. b. Construction plans for all of the improvements required by this section shall be signed and sealed by the applicant's professional engineer, licensed to practice in the State of Florida. c. Final subdivision plats shall be signed and sealed by a professional surveyor and mapper registered in the State of Florida. The final subdivision plat shall be prepared in accordance with the provisions of F.S. ch. 177, as may be amended, and shall be clearly and legibly drawn with black permanent drawing ink or a photographic silver emulsion mylar to a scale of not smaller than 1 inch equals 100 feet. d. The final subdivision plat shall conform to the approved conceptual plat with deviations and shall constitute only that portion of the approved conceptual plat with deviations which the applicant proposes to construct. e. Improvements for construction plans and final subdivision plats are identified in the LDC section 10.02.04 C, and are required in conjunction with the subdivision and development of any and all property pursuant to LDC section 10.02.03 within the unincorporated areas of the County. All required improvements shall be designed and constructed in accordance with the design requirements and specifications of the entity having responsibility for approval, including all federal, state, and local agencies. Construction plans for final subdivision plats shall include at a minimum: i. Streets, sidewalks, paving, grading, and stormwater management (drainage); ii. Bridges and culverts; iii. Water and sewerage systems, including, where applicable, water reuse/ irrigation pumping, storage and transmission/distribution systems; iv. Street lighting. Plans for streetlights shall bear the approval of the utility authorities involved. If the street lighting system is to be privately owned and maintained by a property owners' association or similar entity, it shall be designed by the applicant's professional engineer; v. Landscaping within public rights-of-way, parks, recreational areas; and vi. Parking areas. COLLIER COUNTY LAND DEVELOPMENT CODE 10.02.04 B.1.10.02.04 B.2.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC10:44Supp. No. 32 3. County Manager review of construction plans and final subdivision plats. a. The County Manager or designee shall review and evaluate the construction plans and final subdivision plat in conformance with the LDC, in particular sections 10.02.04 B and 10.02.04 C, and F.S. ch. 177. The County Manager or designee shall review and evaluate the construction plans and final subdivision plat in light of the requirements established in the LDC and Administrative Code. Based on the review and evaluation, the County Manager or designee shall approve, approve with conditions, or deny the construction plans and final subdivision plat. If the construction plans and final subdivision plat is denied, then the final subdivision plat shall not be submitted to the Board until the construction plans and final subdivision plat have been approved or approved with conditions by the County Manager or designee. The approval of the County Manager or designee is subject to Board approval, noted below. b. If the constructions plans and final subdivision plat are approved or approved with conditions by the County Manager or designee, the County Manager or designee shall recommend that the Board approve, approve with conditions, or deny the final subdivision plat. If the County Manager or designee denies or places conditions on the construction plans or recommends denial or conditions on the final subdivision plat, he shall state reasons and cite the applicable code or regulatory basis for the decision. c. Once the construction plans and final subdivision plats are submitted by the applicant for review by the County Manager or designee, they will remain under review so long as a resubmittal in response to a county reviewer's comments is received within 270 days of the date on which the comments were sent to the applicant. If a response is not received within this time, the application for construction plans and final subdivision plat review will be considered withdrawn and cancelled. Further review of the project will require a new application and the appropriate fees paid by the applicant. d. Digital submission. During the review process for compliance with the LDC, as provided in this section, the applicant's professional engineer shall also submit a set of digitally created construction/site plan documents in a format acceptable to the County Manager or designee. 4. Board approval of the final subdivision plat. a. Following approval or approval with conditions by the County Manager or designee, the County Manager or designee shall place the final subdivision plat on the consent agenda for its next available regularly scheduled Board hearing. The Board shall consider approval of the final subdivision plat together with the approval of standard form, Construction Maintenance Agreement, and approval of the amount of performance security for the required improvements based on the estimate of probable cost. b. If all members of the Board consent to the recommendation of the County Manager or designee, then the recommendation of the County Manager or designee on the final subdivision plat shall remain on the consent agenda and the final subdivision plat shall be approved. If any member of the Board objects to the recommendation of the County Manager or designee or otherwise requests discussion on the recommenda- APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES 10.02.04 B.3.10.02.04 B.4.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC10:45Supp. No. 32 tion, then the recommendation shall be taken off the consent agenda and may be discussed or scheduled for a subsequent hearing date. After due notice of the hearing to the applicant, the Board shall hold a hearing on the final subdivision plat. At the hearing, the Board shall consider the County Manager or designee's recommenda- tion and shall take evidence and testimony in regard to the final subdivision plat requirements identified in LDC sections 10.02.04 B and 10.02.04 C, and other provisions of the LDC. The Board shall approve, approve with conditions, or deny the final subdivision plat. If the Board denies or places conditions on the final subdivision plat, it shall state reasons for such denial or conditions. c. Approval of the final subdivision plat shall not constitute acceptance of public dedicated facilities. Acceptance of any such dedicated public facilities and responsibil- ity for their maintenance shall be by separate resolution of the Board of County Commissioners. See LDC section 10.02.05 C.3. d. After Board approval of the final subdivision plat, building permits may be issued for a percentage of planned homes in accordance with the Florida Building Code and pursuant to F.S. 177.073. Subdivision performance security shall be in accordance with LDC section 10.02.04 F.2.b.i., and the construction and maintenance agreement shall be in accordance with LDC section 10.02.04.F.3.e when utilizing F.S. 177.073. 5. Insubstantial changes and amendments to construction plans and final subdivision plats. a. Insubstantial Changes to Construction Plans (ICP). Following approval by the County Manager or designee of the construction plans, the applicant may request insubstantial changes to the construction plans. i. Application. The Administrative Code shall establish the process and the submittal requirements for an insubstantial change to the construction plans. Construction plans shall be prepared pursuant to LDC section 10.02.04 B. b. Following approval by the Board of the final subdivision plat, but prior to recordation, the County Manager or designee may approve minor insubstantial changes to the final subdivision plat. Insubstantial changes are insignificant to the project, such as a correction or change on the cover sheet. c. Following approval by the Board of the final subdivision plat, but prior to recordation, the Board may approve amendments to the final subdivision plat. This is commonly referred to as a "PPLA". i. Application. The Administrative Code shall establish the process and the submittal requirements for the final subdivision plat amendment. The final subdivision plat shall be prepared pursuant to LDC section 10.02.04 B. 6. Relationship of Final Subdivision Plats to Site Development Plans. No site development plan may be accepted for concurrent review with a conceptual plat with deviations. Once the conceptual plat with deviations has been approved, site development plans may be submitted for review concurrent with the submittal of the final subdivision plat. No site development plan COLLIER COUNTY LAND DEVELOPMENT CODE 10.02.04 B.4.10.02.04 B.6.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC10:46Supp. No. 32 may be approved until the final subdivision plat receives administrative approval, and no building permits may be issued until the final subdivision plat is recorded, unless otherwise provided for in the LDC. 7. Timing of recording and development. a. Recording. Within 18 months of the date of approval of the final subdivision plat by the Board, the applicant shall submit the final subdivision plat to the County Manager or designee for recording. b. Required improvements to be completed. The improvements required for the final subdivision plat shall be completed within 18 months from the date of approval by the Board unless a written extension request is approved by the County Manager or designee. c. Integrated phased development. Each subsequent phase of the project shall be submitted within 2 years following the date of written approval of the most recently approved final subdivision plat in accordance with LDC section 10.02.04 A.6. C. Required Improvements. The following improvements in this section are required in conjunction with the subdivision and development of any and all property pursuant to section 10.02.03 and 10.02.04 within the unincorporated areas of Collier County. 1. Elevation, land filling, excavation, and demolition requirements for all development, pursuant to LDC section 4.01.01. 2. Monuments and control points, pursuant to LDC section 4.03.07. 3. Streets and access improvements, pursuant to LDC section 4.03.08 A. All subdivision streets, access improvements and related facilities, whether public or private, required to serve the proposed development shall be constructed by the applicant. 4. Water management system, pursuant to LDC section 4.03.08 B. 5. Fire hydrants, pursuant to LDC section 6.04.03. 6. Canals, pursuant to LDC section 6.05.01 E. 7. Bridges and culverts, pursuant to LDC section 6.06.01 M. The bridge or culvert design shall be prepared by a professional engineer. 8. Landscaping and buffers, pursuant to LDC section 6.06.01 O.1. 9. Plantings, trees, and grass for landscaping and buffers, pursuant to LDC section 6.06.01 O.2. 10. Pavement painting and striping, pursuant to LDC section 6.06.01 Q. 11. Traffic control devices, pursuant to LDC section 6.06.01 R. 12. Sidewalks, pursuant to LDC section 6.06.02. 13. Streetlights, pursuant to LDC section 6.06.03. APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES 10.02.04 B.6.10.02.04 C.13.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC10:47Supp. No. 32 14. Sanitary sewer systems, pursuant to Collier County Utilities Standards and Procedures Ordinance 2004-31, as amended. 15. Parks, protected areas, preservation areas, conservation areas, recreational areas, and school sites. a. Parks, protected areas, preservation areas, conservation areas. Parks, protected areas, preservation areas and conservation areas shall be dedicated and/or conveyed in accordance with applicable mandatory dedication requirements and regulations of federal, state and local agencies. b. Recreational areas. Recreational areas shall be dedicated and/or conveyed in accordance with applicable mandatory dedication and/or conveyance requirements and regulations of federal, state and local agencies. c. School sites. School sites shall be dedicated and/or conveyed in accordance with applicable mandatory dedication and/or conveyance requirements and regulations of federal, state and local agencies. 16. Shoreline and waterway alterations and additions. All requests for the construction of seawalls, bulkheads, shoreline and waterway alterations and additions shall be submitted to the County Manager or designee. After review by the County Manager or designee the proposed facility or alteration shall be approved, approved with conditions or denied. The use of vertical seawalls as a method of protecting shorelines and lands adjacent to waterways shall be discouraged except for development lakes, and applicants shall be encouraged to utilize alternate methods of accomplishing shoreline protection and waterway facilities installation. Whenever possible, all proposed construction of seawalls, bulkheads, shoreline and waterway alterations and additions shall be designed to afford the maximum protection to the environment of the area. Any state or federal permits required for construction must be submitted to the County Manager or designee prior to the commencement of construction. D. General Requirements for a Minor Final Subdivision Plat (FP). 1. Generally. Minor final subdivision plat approval may be requested as an alternative to construction plans and final subdivision plat if the following criteria are met: a. No subdivision plat is submitted or approved. b. Required improvements are not required for the subdivision. c. No security performance bond is required for the subdivision. d. No phasing is required or proposed for the subdivision. 2. Application and process. a. The Administrative Code shall provide the process and submittal requirements for a minor final subdivision plat. Minor final subdivision plats shall be in conformance with F.S. ch. 177 and the LDC, as applicable. b. Minor final subdivision plats shall be signed and sealed by a professional surveyor and mapper registered in the State of Florida. The minor final subdivision plat shall COLLIER COUNTY LAND DEVELOPMENT CODE 10.02.04 C.14.10.02.04 D.2.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC10:48Supp. No. 32 be prepared in accordance with the provisions of F.S. ch. 177, as may be amended, and shall be clearly and legibly drawn with black permanent drawing ink or a photographic silver emulsion mylar to a scale of not smaller than 1 inch equals 100 feet. c. Minor final subdivision plats shall be reviewed and approved pursuant to LDC section 10.02.04 B.3—B.4 as applicable. d. Minor final subdivision plats shall be recorded pursuant to LDC section 10.02.04 F. E. General Requirements for Construction Plans (CNSTR). 1. Generally. Construction plan approval may be requested when no platting or recording of property is required. This process allows for the review of construction plans separate from a final subdivision plat. a. The review and approval of construction plans does not authorize the construction of required improvements which are inconsistent with existing easement(s) of record. 2. Application and process. a. The Administrative Code shall provide the process and submittal requirements for construction plans. Construction plans shall be in conformance with LDC section 10.02.04 B and C, as applicable. b. Construction plans for all of the improvements shall be signed and sealed by the applicant's professional engineer. c. Construction plans shall be reviewed and approved pursuant to LDC section 10.02.04 B.3 and B.4, as applicable. 3. Insubstantial changes. An applicant may request insubstantial changes pursuant to LDC section 10.02.04 B.5.a. F. Recordation of the Final Subdivision Plat. 1. Generally. No building permits for habitable structures shall be issued prior to approval by the Board of County Commissioners and recordation of the final subdivision plat, except as provided in LDC section 5.04.04, LDC section 10.02.04 B.6., and LDC section 10.02.04 B.4.d., as applicable. 2. Posting of subdivision performance security at the time of recording or at Board approval when utilizing F.S. 177.073. a. The final subdivision plat shall not be recorded until a subdivision performance security for the construction of the required improvements, both on-site and off-site, has been posted by the applicant and approved and accepted by the Board or the County Manager or designee on behalf of the Board. APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES 10.02.04 D.2.10.02.04 F.2.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC10:49Supp. No. 32 b. The applicant's professional engineer shall prepare an opinion of the probable construction cost or the actual contractor's bid price, which includes the cost of all required improvements, to determine the amount of the subdivision performance security. i. If no construction of the required improvements has begun at the time of posting of the subdivision performance security, the security shall be an amount equal to 110 percent of the sum of construction costs for all on-site and off-site required improvements based on the applicant's professional engineer's opinion of the probable construction costs or contract bid price. ii. If construction of the required improvements has begun at the time of posting the subdivision performance security, the security shall be in an amount equal to 10 percent of the applicant's professional engineer's opinion of the probable construction cost or contract bid price, plus 100 percent of the required improvements to be completed, such as the final lift of asphalt and uncompleted sidewalks. iii. If construction of all required improvements has been completed and accepted by the Board at the time of recording, only a performance maintenance guarantee at an amount equal to 10 percent of the applicant's professional engineer's opinion of the probable construction cost or contract bid price shall be provided. iv. No subdivision performance security shall be required where improvements are to be constructed by a general-purpose government such as a county or municipality, a local school district, or state agency. A subdivision performance security shall be required of an independent special-purpose government such as a community development district (CDD). c. The subdivision performance security shall be prepared pursuant to Appendix A of the LDC and shall be one of the following forms: i. Construction, maintenance, and escrow agreement, or ii. Construction Maintenance Agreement and one of the following: (a) Cash deposit agreement with the County, or (b) Irrevocable standby letter of credit, or (c) Surety bond. d. Once the form of a subdivision performance security has been approved and accepted by the Board, alternate securities, in a format approved by the County Attorney, may be approved by the County Manager or designee, on behalf of the Board. 3. Recordation Procedure. After approval of the final subdivision plat by the Board, but prior to the recording of the final subdivision plat with the clerk of the circuit court, the following shall occur: a. The applicant shall obtain all of the signatures on the original plat cover sheet(s) that are associated with the applicant's obligations and shall submit the original final subdivision plat, and any separate consents, or opinions or certifications of title, to the County Manager or designee. COLLIER COUNTY LAND DEVELOPMENT CODE 10.02.04 F.2.10.02.04 F.3.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC10:50Supp. No. 32 b. The applicant shall provide 3 copies and 1 mylar of the recorded final subdivision plat and accompanying documents to the County Manager or designee. c. Simultaneously with the submission of the executed final subdivision plat to the County Manager or designee, the applicant shall also submit in accordance with F.S. ch. 177, at no expense to the County, either a title opinion from an attorney licensed to practice in the State of Florida or certification from a title company. The effective date of the title opinion or certification must be no more than 30 days prior to the submission of the final subdivision plat to the County Manager or designee and must contain all of the following: i. A legal description of at least the lands being platted; ii. A statement that the attorney is licensed to practice in the State of Florida and that the attorney has examined title to the subject real property, if a title opinion is being provided; iii. Identification of the exact name of any person who is the record owner of the subject real property and a specific citation to the official records book and page, where each record legal owner obtained title to the subject real property. The title information shall include a copy of said instrument(s) of conveyance; and iv. Identification of liens, encumbrances, easements, or matters shown or that should be shown as exclusions to coverage on a title insurance policy. As may be applicable, the title information shall include in a neatly bound fashion and make citation to the recording information of all referenced liens, encumbrances, easements, or exclusions. The title information shall include a copy of any such instruments. d. Payment of recording and copy fees. Upon compliance with this section and payment of fees by the applicant, the County Manager or designee shall record the final subdivision plat with the clerk of the circuit court in the official records of Collier County, Florida. e. Construction and Maintenance Agreement. The applicant shall enter into a construc- tion and maintenance agreement with the County, in a form acceptable to the County Attorney, which establishes the terms and conditions for the construction and maintenance of the improvements required during the 18-month construction period or a time frame established in an approved extension request by the County Manager or designee. This agreement shall be submitted with the final subdivision plat for review and approval and shall be executed by all parties at the time of Board approval, if building permits are issued when utilizing F.S. 177.073 or at the time of recording the final plat. f. Recording of other documents. If any dedications, grants, conveyances, easements, consents (including mortgagee consents), reservations, covenants, or other like instruments are to be recorded by separate instrument simultaneously with the final subdivision plat, appropriate fees and original documentation must be provided by APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES 10.02.04 F.3.10.02.04 F.3.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC10:51Supp. No. 32 the applicant to the County Manager or designee for processing and recording by the clerk of court. All documents shall be submitted prior to or at the time of recording of the final subdivision plat. g. Supporting "gap" title information. Within 60 days of recordation of the final subdivision plat in the official records of Collier County, Florida, the applicant, at no expense to the County, shall submit to the County Manager or designee final supporting "gap" title information. The final supporting title information must meet all of the requirements of LDC section 10.02.04 F.3.c, except as to the effective date. Receipt and approval of the "gap" title information is a condition precedent to preliminary acceptance of subdivision improvements by the Board. h. The effective date of the supporting "gap" title information must be through the date of recordation of the final subdivision plat and must, at a minimum, cover the "gap" between the time the effective date of the information required by LDC section 10.02.04 F.3.c above, when submitted and the date of recording of the final subdivision plat. The final supporting "gap" title information must include a copy of any required instruments not previously provided in connection with submittals for the recording of the final subdivision plat. G. Vacation and annulment of subdivision plats. Vacation and annulment of a subdivision plat shall be in accordance with F.S. ch. 177.101, as may be amended, and Collier County Resolution 2006-160, as amended. (Ord. No. 04-72, § 3.AA; Ord. No. 05-27, § 3.VV; Ord. No. 06-07, § 3.U; Ord. No. 06-63, § 3.RR; Ord. No. 07-67, § 3.T; Ord. No. 08-10, § 3.G; Ord. No. 08-63, § 3.JJ; Ord. No. 10-23, § 3.QQ; Ord. No. 12-38, § 3.FF; Ord. No. 13-56, § 3.LL; Ord. No. 15-44, § 3.J; Ord. No. 24-11, § 3.EE; Ord. No. 24-35, § 3.N; Ord. No. 25-51, § 3.P) 10.02.05 Construction, Approval, and Acceptance of Required Improvements A. Construction of Required Subdivision Improvements. 1. Pre-Construction Meeting. Prior to the commencement of construction of the required improvements, a Pre-Construction meeting shall be held. The applicant shall request the Pre-Construction meeting and provide at least 48 hours for the Pre-Construction meeting to be scheduled by the Engineering Services Department. The Pre-Construction meeting shall be attended by representatives of the county, utility companies, the applicant's professional engineer of record, the contractor, and the developer. At the Pre-Construction meeting, a schedule of construction, and all approved County plans shall be provided by the applicant. Copies of all state and federal permits shall be provided by the applicant to the County Manager or designee prior to commencement of construction. a. Should any construction commence on a project prior to the Pre-Construction meeting, the County Manager or designee, in addition to other available remedies, shall have the right to require partial or full exposure of all completed work for observation, inspection, and verification that it was installed in accordance with the approved construction plans. 2. Commencement of construction. Following the Pre-Construction meeting the applicant may begin construction of the required improvements. The applicant shall notify the County Manager or designee in writing at least 48 hours in advance of the date of commencement of construction. COLLIER COUNTY LAND DEVELOPMENT CODE 10.02.04 F.3.10.02.05 A.2.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC10:52Supp. No. 32 3. Observation of construction by the applicant's engineer. The applicant shall have the applicant's professional engineer or engineer's representative make periodic site visits at intervals appropriate to the various stages of the required construction to observe the contractor's compliance with the approved construction plans and specifications. 4. Construction inspections by the County Engineer or designee. A list of standard inspections which require the presence of the County Engineer or designee shall be provided in the construction plans approval letter provided by the County Manager or designee and discussed at the Pre-Construction meeting. The following procedure shall apply: a. The applicant shall be responsible for the notification to the County Engineer or designee prior to the required inspections, including prior to any paving or concrete work associated with roads or sidewalks. At least 48 hours' notice shall be provided to the County Engineer or designee to allow for scheduling of an inspection. Verbal confirmation of an inspection time or a request for rescheduling will be made by the County Engineer or designee for each notification. b. "Spot inspections" by the County Engineer or designee may be carried out without notice on all construction to ensure compliance with the approved construction plans. At any time, if the County Engineer or designee finds construction in progress which does not comply with the procedures, policies and requirements contained in the LDC or the approved construction plans, the County Engineer or designee shall have the full authority to issue a stop work order for the portion of the work not in compliance. If a stop work order is issued, it shall remain in full effect with respect to the defective work until such time as the documented discrepancies have been corrected to the full satisfaction of the County Engineer or designee. 5. Changes to construction plans. a. See LDC section 10.02.04 B.5.a for insubstantial changes to construction plans (ICP). b. The County Manager or designee shall be notified within 24 hours, with written follow-up, of any problems and conflicts with the actual construction of required improvements as compared to the approved construction plans. Problems and conflicts shall be addressed through the Insubstantial Changes procedure for construction plans, pursuant to LDC section 10.02.04 B.5.a. The County Engineer may approve insubstantial changes to construction plans in accordance with acceptable engineering principles. The changes shall be reflected on the record drawings. B. Preliminary Acceptance of Required Subdivision Improvements by the County Engineer or designee. Preliminary acceptance by the County Engineer or designee shall identify that the subdivision or development is substantially safe for public occupancy. 1. General. The required improvements constructed under the policies, procedures, guidelines, and requirements established in the LDC shall receive preliminarily acceptance by the County Engineer or designee pursuant to the following: a. Recordation of the final subdivision plat pursuant to LDC section 10.02.04 F shall be prior to or concurrent with preliminary acceptance by the County Engineer or designee. APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES 10.02.05 A.3.10.02.05 B.1.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC10:53Supp. No. 32 b. No certificates of occupancy shall be issued by the County Manager or designee until preliminary acceptance is granted. 2. Submittal requirements. Upon completion of all required improvements contained in the approved construction plans, the applicant's professional engineer of record shall provide the following materials for the review by the County Engineer or designee: a. Completion Certificate. The applicant's professional engineer of record shall submit a completion certificate for the required improvements completed. The completion certificate shall be based on information provided by the project professional surveyor and mapper and the engineer's own observations. The completion certificate shall not be based on "information provided by the contractor." The applicant's professional engineer of record shall document that the required improvements have been installed in compliance with the approved construction plans. Any discrepancy shall be brought to the attention of the County Engineer or designee and resolved to the satisfaction of the County Engineer or designee. b. Applicant's Inspection Report. The applicant's engineer of record shall submit a report to the County Manager or designee which documents the dates of inspection, all measurements, field tests, laboratory tests, and observations which were required to be performed during the construction of the required improvements. c. Final release of lien from contractor(s). The applicant's engineer shall provide to the County Manager or designee a copy of the final release of lien from any utility and/or roadway contractor(s). d. Conveyance instruments. All separate conveyance instruments to the County shall be in a form approved by the County Attorney prior to their submission to the Board for acceptance, and shall be pursuant to Collier County Utilities Standards and Procedures Ordinance No. 2004-31, if applicable. If requested by the County Manager or designee, the grantee shall provide, at no cost to the county, a title opinion, or certificate of title in a form promulgated by the Florida Insurance Commissioner, which is in conformance with the county's procedures for acquiring real property interests. No separate conveyance instrument shall be recorded prior to recordation of the final subdivision plat and formal acceptance of the conveyance by the Board. e. Construction plans and record drawings. The applicant's engineer shall provide to the County Manager or designee one set of construction plans on a mylar, with a minimum of 2 mil thickness, or other similar acceptable material and 2 sets of signed and sealed prints acceptable to the County Manager or designee, showing the original design in comparison to the actual finished work. The mylars shall be labeled as record drawings on each sheet prior to printing of the required sets of prints. Subject to the approval of the County Manager or designee, the applicant's engineer may provide a PDF as a substitute for the mylar plans. f. Digital submission. The applicant's professional engineer shall also submit digitally created construction/site plan documents, in an electronic format acceptable to the County Manager or designee, the master plan file, including, where applicable, easements, water/wastewater facilities, and stormwater drainage system. In addition, a copy of applicable measurements, tests and reports made on the work and material COLLIER COUNTY LAND DEVELOPMENT CODE 10.02.05 B.1.10.02.05 B.2.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC10:54Supp. No. 32 during the progress of construction must be furnished. The record construction data shall be certified by the applicant's professional engineer and professional surveyor and mapper and shall include but not be limited to the following items which have been obtained through surveys performed on the completed required improvements: i. Roadway centerline elevations at all intersections and at a minimum at all points of vertical intersection (PVI) along the roadway. ii. Invert and inlet elevations of all water management structures, including catchbasins, all junction boxes, headwalls, inlets, and the like. iii. All record drawing data for water and sewer facilities pursuant to the provisions of the Collier County Utilities Standards and Procedures Ordinance 2004-31, as amended. iv. Centerline inverts on all open swales at high and low points and at 100-foot stations along centerline. v. The following data shall be submitted in report form for the acceptance of streets, roadways, alleys or the like for maintenance purposes: (a) Name of subdivision, block, plat book and page of recording. (b) Name of each street proposed to be accepted for maintenance purposes. (c) The beginning and ending point for each street proposed to be accepted. (d) The centerline length of for each street proposed to be accepted. (e) The number of lanes for each street proposed to be accepted. 3. Review and inspection by the County Engineer or designee. Following the review by the County Engineer or designee of the submittals required in LDC section 10.02.05 B.2 and that the required improvements are in compliance with the LDC, the County Engineer or designee shall approve, approve with conditions, or deny the preliminary acceptance of the required improvements. Inspection by the County Engineer or designee of the required improvements shall be completed prior to the granting of preliminary acceptance by the County Engineer or designee. a. During preliminary inspection, the required improvements will be checked for compliance with the approved construction plans. Any approved insubstantial changes pursuant to LDC section 10.02.04 B.7 shall be identified and explained in writing by the applicant's professional engineer of record. All required improvements shall be in full compliance with the approved construction plans and the "record drawings" prior to submission to the Board for final acceptance. b. Following the preliminary acceptance by the County Engineer or designee there shall be a minimum 1-year maintenance period prior to final acceptance by the Board. APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES 10.02.05 B.2.10.02.05 B.3.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC10:55Supp. No. 32 4. Reduction of the subdivision performance security. At the time of preliminary acceptance by the County Engineer or designee, the subdivision performance security may be reduced by the County Manager or designee. Ten percent of the subdivision performance security, based on the applicant's professional engineer's probable construction cost or contract bid price, shall be retained as the maintenance performance security by the clerk of courts on behalf of the Board. See LDC section 10.02.04 E for acceptable forms for a subdivision performance security. C. Final Acceptance of the Required Subdivision Improvements by the Board of County Commissioners. 1. Generally. The Board may provide final acceptance, by resolution, of the improvements subject to the following: a. Following the 1-year minimum maintenance period as required by preliminary acceptance by the County Engineer or designee; and b. Following satisfactory completion of the preliminary acceptance inspections by the County Engineer or designee; and c. At the request of the applicant, after a final inspection by the County Engineer or designee. 2. Timing. All of the required improvements shall receive final acceptance by the Board within 36 months from the date of the original Board approval of the final subdivision plat, unless extended by the County Manager or designee, the Board, or general law. a. The developer may request two-year extensions for completion and acceptance of the required improvements. A maximum of 2 extensions may be granted by the County Manager or designee. Each request should provide written justification for the extension. 3. Dedications and County maintenance. The Board shall adopt a resolution giving final acceptance of the improvements and establishing County responsibility for maintenance of the required improvements if it is the Board's desire to accept and maintain the facilities. The Board has no obligation to accept maintenance responsibilities for any facilities dedicated to public use, pursuant to F.S. ch. 177.081. 4. Notifications. The County Manager or designee shall notify the applicant in writing that final acceptance of the required improvements and applicable acceptance of the facilities has been granted, notify all affected county agencies of any final maintenance responsibilities, and instruct the clerk of the court to return the remaining maintenance security held by the Board. D. Conditional Final Acceptance. A developer may apply for a conditional final acceptance. The conditional final acceptance may occur when the required subdivision improvements, with the exception of the final lift of asphalt, and in certain cases, portions of the sidewalk(s) have received a satisfactory final inspection. The developer shall provide a performance security in the amount of 150 percent of the estimated cost of the remaining improvements. Additionally, the developer shall provide a letter to the County Manager or designee, which confirms the developer's intent to complete all of the remaining improvements within a 12-month time period. Two additional 1-year extensions may be approved by the County Manager or designee. COLLIER COUNTY LAND DEVELOPMENT CODE 10.02.05 B.4.10.02.05 D.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC10:56Supp. No. 32 E. Failure of Applicant to Complete Required Subdivision Improvements. 1. County Draw on Subdivision Performance Security. If improvements are not completed within the prescribed time period as specified in LDC section 10.02.04 B.7 or 10.02.05 D and a subdivision performance security has been submitted, the County Engineer or designee may recommend to the Board that it draw upon the subdivision performance security or otherwise cause the subdivision performance security to be used to complete the construction, repair, and maintenance of the required improvements. 2. County completion of required improvements. When a final subdivision plat has been recorded and the applicant fails to complete, repair, or maintain the required improvements as required by the LDC, the Board may authorize and undertake completion, repair, and maintenance of the required improvements under the subdivision performance security provided by the applicant. If no sale of lots or issuance of building permits has occurred, the Board may withdraw its approval of the final subdivision plat and may direct the County Manager or designee to call upon the subdivision performance security to secure satisfactory completion, repair, and maintenance of the required improvements, to make his best efforts to restore the property to its predevelopment condition, or to otherwise take action to mitigate the consequences of the failure to complete, repair, or maintain the required improvements. Any remaining subdivision performance security posted by the applicant shall be retained for the warranty period between preliminary and final acceptance to provide funds for any repairs, maintenance, and defects occurring during this warranty period. 3. Failure to complete unrecorded subdivision. Where an applicant has elected to construct, install, and complete the required improvements prior to recordation of the final subdivision plat and fails to complete such improvements within the time limitations provided in this section, all approvals, permits, and applications shall be considered null and void. Any future subdivision and/or development shall submit a new application and payment of fees based on the then current fee schedule. Review shall be subject to the then current LDC and other applicable codes. (Ord. No. 04-72, § 3.BB; Ord. No. 06-63, § 3.SS; Ord. No. 07-67, § 3.U; Ord. No. 08-63, § 3.KK; Ord. No. 12-38, § 3.GG; Ord. No. 13-56, § 3.MM; Ord. No. 16-27, § 3.W; Ord. No. 21-05, § 3.N; Ord. No. 25-51, § 3.Q) 10.02.06 Requirements for Permits A. Generally. Any permit submitted to the County must meet the requirements for that particular permit, as more specifically stated below. 1. Relation to state and federal statutes. a. Required state and/or federal permits. Where proposed use or development requires state or federal development orders or permits prior to use or development, such development orders or permits must be secured from state or federal agencies prior to commencement of any construction and/or development, including any changes in land configuration and land preparation. b. Development of regional impact. Where a proposed use or development is a development of regional impact (DRI), it shall meet all of the requirements of F.S. ch. 380, as amended, prior to the commencement of construction or development. Submission of the application for development approval (ADA) for a DRI shall be APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES 10.02.05 E.10.02.06 A.1.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC10:57Supp. No. 32 simultaneous with the submission of any rezoning and/or conditional use application or other land use related petition required by the LDC to allow for concurrent reviews and public hearings before both the Planning Commission and the BCC of the ADA and rezone and/or conditional use applications. The DRI and rezone and/or COLLIER COUNTY LAND DEVELOPMENT CODE 10.02.06 A.1.10.02.06 A.1.______________________________________________________________________________________ ___________________________________________________________________________________________________________ [The next page is LDC10:61] LDC10:58Supp. No. 32 b. Single-family home sites are exempt from obtaining a Cultivated Tree Removal Permit. Single-family home sites shall maintain the minimum code landscaping requirements established in LDC section 4.06.05. 4. Criteria for removal of cultivated landscaping. The landscape architect may approve a Cultivated Tree Removal permit application based on the following criteria: a. A tree cannot be maintained by proper canopy, root pruning or root barriers and has become a safety hazard to pedestrian or vehicular traffic, utilities, or to an existing structure. b. A tree is growing too close in proximity to another tree(s) to permit normal growth and development of the affected tree(s). c. Other public health and safety circumstances as determined by the County landscape architect. 5. Application. The Administrative Code shall establish the application procedure and submittal requirements for obtaining a Cultivated Tree Removal permit. a. The County Manager or designee may require the site plan be prepared by a landscape architect registered in the State of Florida when the tree removal exceeds 10 trees. 6. Approval. The County Manager or designee shall approve, approve with conditions, or deny a Cultivated Tree Removal Permit. 7. Permit conditions. The Landscape Architect shall issue a Cultivated Tree Removal Permit when the applicant for such permit has agreed to fulfill one of the following conditions: a. That the minimum code required tree, if transplanted, shall be moved, established and maintained using proper arboricultural and horticultural practices and as outlined in LDC section 4.06.05. b. That the minimum code required tree(s), if destroyed, be substituted with an equivalent replacement or replacements, approved by the County Landscape Architect, planted on the site from which the destroyed tree(s) were removed. Sufficient space shall remain on the site allowing replacements to establish a mature canopy spread, based on usual growth characteristics. J. Zoning Verification Letter. 1. A zoning verification letter may be used to verify the zoning of a property according to the Collier County Zoning Map, the Future Land Use Map, and the Growth Management Plan and establish the following determinations. a. Generally. The County Manager or designee may issue a zoning verification letter that verifies the zoning of a property. Additional information may be requested about the subject property, including but not limited to the following: i. Allowable uses and development standards applicable to the property under the LDC; APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES 10.02.06 I.3.10.02.06 J.1.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC10:81Supp. No. 32 ii. Zoning of adjacent properties; iii. Confirmation of any site development plan, conditional use, or variance approved for the property; and iv. The nonconforming status of the property. b. Non-residential Farm Building Exemption. The County Manager or designee, in coordination with the Collier County Building Official, may issue a zoning verification letter to establish that a non-residential farm building and/or fence is exempt from the Florida Building Code. However, the exemption applies to the structure and does not exempt the applicant from obtaining the necessary electrical, plumbing, mechanical, or gas permits for the structure. c. Administrative Fence Waiver. The County Manager or designee may issue a zoning verification letter to approve an administrative fence waiver under LDC section 5.03.02 F.5.a. 2. The Administrative Code shall establish the process and application submittal requirements to obtain a zoning verification letter. K. Comparable Use Determination. 1. The following Comparable Use Determination (CUD) shall be used to determine whether a use at a site-specific location is comparable in nature and consistent with the list of permitted uses, and the purpose and intent statement of the zoning district, overlay, or PUD. Approval of a CUD made at one location shall not be construed to mean the use is entitled in a different location. 2. To be effective, the Comparable Use Determination shall be approved by the Hearing Examiner by decision, or Board of Zoning Appeals by resolution after CCPC recommendation to the BZA, at an advertised public hearing based on the following standards, as applicable: a. The proposed use possesses similar characteristics to other permitted uses in the zoning district, overlay, or PUD, including but not limited to the following: i. Operating hours; ii. Traffic volume generated/attracted; iii. Type of vehicles associated with the use; iv. Number and type of required parking spaces; and v. Business practices and activities. b. The effect of the proposed use would have on neighboring properties in relation to the noise, glare, or odor effects shall be no greater than that of other permitted uses in the zoning district, overlay, or PUD. COLLIER COUNTY LAND DEVELOPMENT CODE 10.02.06 J.1.10.02.06 K.2.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC10:82Supp. No. 32 c. The proposed use is consistent with the GMP, meaning the applicable future land use designation does not specifically prohibit the proposed use, and, where the future land use designation contains a specific list of allowable uses, the proposed use is not omitted. d. The proposed use shall be compatible and consistent with the other permitted uses in the zoning district, overlay, or PUD. e. The proposed use shall be compatible with the surrounding neighborhood. f. Any additional relevant information as may be required by County Manager or Designee. 3. The Administrative Code shall establish the process and application submittal requirements to obtain a Comparable Use Determination. (Ord. No. 04-72, § 3.CC; Ord. No. 05-27, § 3.WW; Ord. No. 06-07, § 3.V; Ord. No. 07-67, § 3.V; Ord. No. 08-63, § 3.LL; Ord. No. 09-43, § 3.B; Ord. No. 10-23, § 3.RR; Ord. No. 12-38, § 3.HH; Ord. No. 13-56, § 3.NN; Ord. No. 15-44, § 3.K; Ord. No. 20-44, § 3.I; Ord. No. 23-16, § 3.B; Ord. No. 25-51, § 3.R) 10.02.07 Requirements for Certificates of Public Facility Adequacy A. Generally. This section applies to any use or development that generates additional impacts or demands on public facilities. This section ensures that adequate public facilities are available and no development orders subject to concurrency regulation are issued unless adequate public facilities are available to serve the proposed development, including but not limited to the Transportation Concurrency Management System and the Public School Facilities Concurrency. B. Exemptions. The following are exempt from this section: 1. All valid, unexpired final development of regional impact (DRI) development orders which were issued prior to adoption of the Collier County Growth Management Plan on January 10, 1989, except where: a. Development conditions or stipulations applicable to concurrency, or the provision of adequate public facilities concurrent with the impacts of development, exist in the DRI development order, or b. Substantial deviations are sought for a DRI development order. (This section applies only to those portions of the development for which the deviation is sought); APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES 10.02.06 K.2.10.02.07 B.1.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC10:82.1Supp. No. 32 b. Consider an application for any other kind of rezoning of any part or all of the same property for a period of 6 months from the date of such action. 3. Except as otherwise provided within section 10.02.12 D. all zoning approvals for which a final development order has not been granted within 5 years of the date of its approval shall be evaluated to determine if the zoning classification for the property should be changed to a lower, or more suitable classification. During the fifth year after the date of the zoning approval by the Board of County Commissioners and during every fifth year thereafter, the County Manager or designee shall prepare a report on the status of the rezoned property. The purpose of the report will be to evaluate what procedural steps have been taken to develop the property under its current zoning classification. Should the County Manager or designee determine that development has commenced, then the land shall retain its existing zoning classification and shall not be subject to additional review and classification change. Should the County Manager or designee determine that development has not commenced, then upon review and consideration of the report and any supplemental information that may be provided, the Board of County Commissioners shall elect one of the following: a. To extend the current zoning classification on the property for a maximum period of 5 years; at the end of which time, the property shall again be evaluated under the procedures as defined herein. b. Direct the appropriate county staff to begin rezoning procedures for said property. The existing zoning classification of the property shall remain in effect until subsequent action by the board on the property. c. In the case of developments of regional impact, time limit restrictions shall be superseded by the phasing plan and/or time limits contained within the application for development approval and approved as part of a development order in conformance with F.S. § 380.06. N. Applications for rezones to a specific use. The applicant for any rezoning application may, at his or her option, propose a specific use or ranges of uses permitted under the zoning classification for which application has been made. As a condition of approval of such proposal, the development of the property which was the subject of the rezoning application shall be restricted to the approved use or range of uses. Any proposed addition to the approved use or range of uses shall require resubmittal of a rezoning application for the subject property. O. Waiver of time limits. The time limits of 10.02.08 M above may be waived by 3 affirmative votes of the Board of County Commissioners when such action is deemed necessary to prevent injustice or to facilitate the proper development of Collier County. (Ord. No. 08-08, § 3.P; Ord. No. 13-56, § 3.PP; Ord. No. 14-33, § 3.Z; Ord. No. 24-11, § 3.FF) 10.02.09 Requirements for Text Amendments to the LDC A. Text Amendments to the LDC. 1. The LDC may only be amended in such a way as to preserve the consistency of the LDC with the Growth Management Plan. APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES 10.02.08 M.2.10.02.09 A.1.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC10:93Supp. No. 32 2. The Administrative Code shall establish the submittal requirements for LDC amendments. (Ord. No. 13-56, § 3.QQ; Ord. No. 18-18, § 3.P) 10.02.10 Submittal Requirements for Amendments to Development Orders [Reserved] 10.02.11 Submittal of Streetlight Plans A. Streetlights. All street lighting plans shall be prepared by a professional engineer. (Ord. No. 25-51, § 3.S) 10.02.12 Submittal Requirements for Non-PUD Residential Rezones A. Submittal of School Impact Analysis (SIA) application for residential projects. The applicant shall submit a completed SIA application for the School District's review for a determination of school capacity. Refer to section 10.04.09 for SIA requirements. (Ord. No. 10-23, § 3.TT) 10.02.13 Planned Unit Development (PUD) Procedures A. Generally. Applications for amendments to, or rezoning to, PUD shall be in the form of a PUD master plan of development along with a list of permitted and accessory uses and a development standards table. The PUD application shall also include a list of developer commitments and any proposed deviations from the LDC. The PUD 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. 1. PUD master plan. The Community Character Plan For Collier County, Florida (April 2001) should be referenced as a guide for development and redevelopment in the PUD district. The Administrative Code shall establish the information to graphically illustrate the development strategy. 2. PUD application. The applicant shall submit data supporting and describing the petition for rezoning to PUD that includes a development standards table, developer commitments and a list of deviations from the LDC. Dimensional standards shall be based upon an established zoning district that most closely resembles the development strategy, particularly the type, density and intensity, of each proposed land use. The PUD application shall include the information identified in the Administrative Code unless determined by the County Manager or designee to be unnecessary to describe the development strategy. 3. Deviations from master plan elements. The County Manager or designee may exempt a petition from certain required elements for the PUD master plan identified in the Administrative Code when the petition contains conditions which demonstrate the element may be waived and will not have a detrimental effect on the health, safety and welfare of the community. All exemptions shall be noted within the PUD submittal and provided to the Board of County Commissioners. COLLIER COUNTY LAND DEVELOPMENT CODE 10.02.09 A.2.10.02.13 A.3.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC10:94Supp. No. 32 4. Submittal of School Impact Analysis (SIA) application for residential projects. The applicant shall submit a completed SIA application for the School District's review for a determination of school capacity. Refer to LDC section 10.04.09 for SIA requirements. B. Procedures for planned unit development zoning. Petitions for rezoning to PUD in accordance with LDC section 10.02.08, shall be submitted and processed as for a rezoning amendment generally pursuant to LDC section 10.02.08 and in accordance with the following special procedures: 1. Pre-application meeting. Prior to the submission of a formal application for rezoning to PUD, the applicant shall confer with the County Manager's designee and other County staff, agencies, and officials involved in the review and processing of such applications and related materials. The applicant is further encouraged to submit a tentative land use sketch plan for review at the pre-application meeting, and to obtain information on any projected plans or programs relative to possible applicable Federal or State requirements or other matters that may affect the proposed PUD. The pre-application meeting should address, but is not limited to, the following: a. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. b. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Findings and recommendations of this type shall be made only after consultation with the County Attorney. c. Conformity of the proposed PUD with the goals, objectives, policies, and the Future Land Use Element of the Growth Management Plan. d. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. e. The adequacy of usable open space areas in existence and as proposed to serve the development. f. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. g. The ability of the subject property and of surrounding areas to accommodate expansion. h. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. 2. Prehearing conference. Prehearing conferences may be held between the applicant and/or representatives and officials or representatives of the county prior to advertisement of the APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES 10.02.13 A.4.10.02.13 B.2.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC10:95Supp. No. 32 hearing date. The purpose of the prehearing conference shall be to assist in bringing the application for rezoning to PUD as close to conformity with the intent of the LDC or other applicable regulations, and/or to define specifically any justifiable variations from the application of such regulations. 3. Staff review and recommendation. Based upon evaluation of the factors set forth above, County staff shall prepare a report containing their review findings and a recommendation of approval or denial. 4. Hearing before the Planning Commission. Public notice shall be given and a public hearing held before the Planning Commission on the application for rezoning to PUD. Both the notice and the hearing shall identify the application, by name and application number, proposed PUD master plan of development, and required statements as they may have been amended as a result of the prehearing conference conducted pursuant to LDC section 10.02.13 B.2. 5. Planning Commission hearing and recommendation. The Planning Commission shall make written findings at an advertised public hearing as required in LDC section 10.02.08 and as otherwise required in this section and shall recommend to the Board of County Commission- ers either approval of the PUD rezoning as proposed; approval with conditions or modifica- tions; or denial. In support of its recommendation, the Planning Commission shall make findings as to the PUD master plan's compliance with the following criteria in addition to the findings in LDC section 10.02.08. a. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. b. Adequacy of evidence of unified control and suitability of agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Findings and recommendations of this type shall be made only after consultation with the County Attorney. c. Conformity of the proposed PUD with the goals, objectives, policies, and the Future Land Use Element of the Growth Management Plan. d. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. e. The adequacy of usable open space areas in existence and as proposed to serve the development. f. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. g. The ability of the subject property and of surrounding areas to accommodate expansion. COLLIER COUNTY LAND DEVELOPMENT CODE 10.02.13 B.2.10.02.13 B.5.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC10:96Supp. No. 32 h. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. 6. Action by Board of County Commissioners. Unless the application is withdrawn by the applicant or deemed "closed" pursuant to LDC section 2.03.06, the Board of County Commissioners shall, upon receipt of the Planning Commission's recommendation, advertise and hold a public hearing on the application. The notice and hearing shall be on the PUD rezone application, PUD master plan of development and PUD ordinance, as recommended by the Planning Commission to the Board of County Commissioners. The Board of County Commissioners shall either approve the proposed rezoning to PUD; approve with conditions or modifications; or deny the application for PUD rezoning. C. Effect of planned unit development zoning. If approved by the Board of County Commissioners, the PUD master plan for development, the PUD ordinance and all other information and materials formally submitted with the petition shall be considered and adopted as an amendment to the LDC and shall become the standards for development for the subject PUD. The development in the area delineated as the PUD district on the official zoning atlas shall proceed only in accordance with the adopted development regulations and the PUD master plan for said PUD district, except that approval and adoption of a PUD ordinance or PUD master plan does not authorize or vest the location, design, capacity, or routing of traffic for any access point depicted on, or described in, such ordinance or plan. Before development of any type may proceed, all agreements, conditions of approval, and contracts required, but not approved at the time of amending action, shall be approved by appropriate officers or agencies of the County. Issuance of a final development order within any tract or increment within the PUD shall first require compliance with all sections of the Collier County subdivision regulations (Chapter 10 of the LDC) and/or the site development plan regulations (LDC section 10.02.03) as appropriate. D. Time limits for approved PUDs. If prior to July 14, 2014 a PUD contains a sunset provision, the sunset provision shall be deemed null and void. Development rights conferred by an approved PUD shall remain in force so long as they are in accordance with the Collier County Growth Management Plan, as amended. E. Changes and amendments. There are three types of changes to a PUD Ordinance: Substantial, Insubstantial, and Minor. 1. Substantial changes. Any substantial change(s) to an approved PUD Ordinance shall require the review and recommendation of the Planning Commission and approval by the Board of County Commissioners as a PUD amendment prior to implementation. Applicants shall be required to submit and process a new application complete with pertinent supporting data, as set forth in the Administrative Code. For the purpose of this section, a substantial change shall be deemed to exist where: a. A proposed change in the boundary of the PUD; b. A proposed increase in the total number of dwelling units or intensity of land use or height of buildings within the development; APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES 10.02.13 B.5.10.02.13 E.1.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC10:97Supp. No. 32 c. A proposed decrease in preservation, conservation, recreation or open space areas within the development not to exceed 5 percent of the total acreage previously designated as such, or 5 acres in area; d. A proposed increase in the size of areas used for nonresidential uses, to include institutional, commercial and industrial land uses (excluding preservation, conserva- tion or open spaces), or a proposed relocation of nonresidential land uses; e. A substantial increase in the impacts of the development which may include, but are not limited to, increases in traffic generation; changes in traffic circulation; or impacts on other public facilities; f. A change that will result in land use activities that generate a higher level of vehicular traffic based upon the Trip Generation Manual published by the Institute of Transporta- tion Engineers; g. A change that will result in a requirement for increased stormwater retention, or will otherwise increase stormwater discharges; h. A change that will bring about a relationship to an abutting land use that would be incompatible with an adjacent land use; i. Any modification to the PUD master plan or PUD document or amendment to a PUD ordinance which is inconsistent with the Future Land Use Element or other element of the Growth Management Plan or which modification would increase the density or intensity of the permitted land uses; j. The proposed change is to a PUD district designated as a development of regional impact (DRI) and approved pursuant to F.S. § 380.06, where such change requires a determination and public hearing by Collier County pursuant to F.S. § 380.06(19). Any change that meets the criterion of F.S. § 380.06(19)(e)2, and any changes to a DRI/PUD master plan that clearly do not create a substantial deviation shall be reviewed and approved by Collier County under this LDC section 10.02.13; or k. Any modification in the PUD master plan or PUD document or amendment to a PUD ordinance which impact(s) any consideration deemed to be a substantial modification as described under this LDC section 10.02.13. 2. Insubstantial change determination. An insubstantial change includes any change that is not considered a substantial or minor change. An insubstantial change to an approved PUD Ordinance shall be based upon an evaluation of LDC subsection 10.02.13 E.1 and shall require the review and approval of the Hearing Examiner, or if the Hearing Examiner has a conflict, then by the Planning Commission. The Hearing Examiner's decision or CCPC's approval shall be based on the findings and criteria used for the original application and be an action taken at a regularly scheduled meeting. a. The applicant shall provide the County Manager or designee documentation which adequately describes the proposed changes as described in the Administrative Code. COLLIER COUNTY LAND DEVELOPMENT CODE 10.02.13 E.1.10.02.13 E.2.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC10:98Supp. No. 32 3. Minor changes. The following are considered minor changes, and may be approved by the County Manager or designee under the procedures established in the Administrative Code. a. Educational and ancillary plants exception. When a PUD is amended for the sole purpose of adding an Educational and/or ancillary plant, that PUD will not be subject to the review process outlined in LDC section 10.02.13 E.1. The review conducted will be limited to the impacts that the Educational or ancillary plant will have on the surrounding uses. b. The County Manager or designee shall also be authorized to allow minor changes to the PUD master plan during its subdivision improvements plan or site development plan process to accommodate topography, vegetation and other site conditions not identified or accounted for during its original submittal and review and when said changes have been determined to be compatible with adjacent land uses, have no impacts external to the site, existing or proposed, and is otherwise consistent with the provisions of this code and the growth management plan. Such changes shall include: i. Internal realignment of rights-of-way, including a relocation of access points to the PUD itself, where no water management facility, conservation/ preservation areas, or required easements are affected or otherwise provided for. ii. Relocation of building envelopes when there is no encroachment upon required conservation or preservation areas. iii. Relocation of swimming pools, clubhouses, or other recreation facilities when such relocation will not affect adjacent properties or land uses. iv. Relocation or reconfiguration of lakes, ponds, or other water facilities subject to the submittal of revised water management plans, or approval of the EAC where applicable. Minor changes of the type described above, including minor text changes, shall nevertheless be reviewed by appropriate staff to ensure that said changes are otherwise in compliance with all county ordinances and regulations prior to the County Manager or designee's consideration for approval. c. Affordable housing commitments. Beginning October 3, 2012 the County Manager or designee shall be authorized to make minor text changes to remove affordable housing commitments to pay an affordable housing contribution in PUDs, Develop- ment Agreements, and Settlement Agreements if the following conditions are met: i. The applicant notices property owners in writing in accordance with LDC section 10.03.06 T. ii. If no written objection is received, the request to remove commitments is deemed approved. APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES 10.02.13 E.3.10.02.13 E.3.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC10:99Supp. No. 32 iii. If a property owner who receives notice submits a written objection within 30 days of mailing of the notice, the matter shall be scheduled for public hearing before the Hearing Examiner. Public notice shall comply with LDC sections 10.03.05 and 10.03.06 T. F. PUD Monitoring Report requirements. In order to ensure and verify that approved project densities or intensities of land use will not be exceeded and that development commitments will be fulfilled and are consistent with the development's approved transportation impact study, annual monitoring reports must be submitted by the owner(s) of a PUD to the County Manager or designee. 1. The report shall be submitted annually, on or before the anniversary date of approval by the Board until the PUD is completely constructed and all commitments in the PUD document/ master plan are met (built out). a. A tract or parcel of a PUD that has completed construction within that tract may be considered built-out and is not responsible for annual monitoring reports, as long as all PUD commitments within that tract are complete. This built-out status does not exempt the tract owner(s) from commitments applicable to the entire PUD. 2. The Administrative Code shall establish the submittal requirements for a PUD Annual Monitoring Report. 3. Monitoring reports must be submitted in affidavit form approved by Collier County to be executed by the owner(s) of the PUD. 4. County will be given at least 6 month's prior written notice to a change in ownership, to a community association, including but not limited to transfer of all or part of the development to a Home Owners Association, Property Owners Association, Master Association, or similar entity. Change in ownership of portions of a PUD development shall not absolve the original owner of the requirement to file an annual monitoring report. Transferring responsibility for filing the annual monitoring report to an entity other than the original owner may be demonstrated in the form of an executed agreement between the original owner and the new entity which when filed with the County Manager or designee shall automatically transfer responsibility for filing that annual monitoring report. 5. A release of a PUD commitment determined to be no longer necessary shall be brought as an agenda item to the Board of County Commissioners for their approval. 6. The PUD owner(s) "the Developer, Home Owners Association, Master Association or similar entity" may petition the Board of County Commissioners to relinquish the development rights to any un-built units and declare themselves "built-out" in order to satisfy all reporting requirements. The applicant shall be responsible for any documentation required to verify the status of the PUD when requesting a waiver or a determination of "built-out" status. 7. Traffic Count Monitoring requirements. A onetime payment for permanent traffic count stations shall be due at the time of the first PUD Annual Monitoring Report following the first certificate of occupancy within the PUD. The payment shall be based upon the number of ingress and/or egress points (Access Points) based upon the conceptual Master Plan within the PUD Ordinance. Each Access Point shall require a payment of $500.00. If additional Access Points are granted at any time, an additional payment of $500 per Access Point will be COLLIER COUNTY LAND DEVELOPMENT CODE 10.02.13 E.3.10.02.13 F.7.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC10:100Supp. No. 32 payable with the following PUD Annual Monitoring Report. The Traffic Count monitoring requirement shall be considered fulfilled for all PUDs that have already provided at least one traffic count or payment in lieu of traffic counts. PUDs that have traffic count monitoring language tied to specific commitments within their ordinances shall remain in effect. G. Violations. Violation of this section shall be enforced as provided in LDC section 8.08.00. H. Interpretations of PUD documents. The County Manager or designee shall be authorized to interpret the PUD document and PUD master plan. I. Applicability. All applications for either a PUD rezoning or an amendment to an existing PUD document or PUD master plan submitted after January 8, 2003, shall comply with the amended procedures set forth in LDC section 10.02.13 of this Code. All PUDs existing and future, shall comply with the sunset provisions established pursuant to LDC section 10.02.13 D. of this Code. 1. All applications for a PUD rezoning or an amendment to an existing PUD document or PUD master plan whether submitted before or after [the effective date of this ordinance], shall comply with the processing time procedures set forth in this section of the Code. J. Planned unit development districts application processing. An application for a planned develop- ment rezoning, amendment or change will be considered "open" when the determination of "sufficiency" has been made and the application is assigned a petition processing number. An application for a planned development rezoning, amendment or change will be considered "closed" when the petitioner withdraws the subject application through written notice or ceases to supply necessary information to continue processing or otherwise actively pursue the rezoning, for a period of 6 months. An application deemed "closed" will not receive further processing and an application "closed" through inactivity shall be deemed withdrawn. The County Manager or designee will notify applicant of closure, however, failure to notify by the County shall not eliminate the "closed" status of a petition. An application deemed "closed" may be re-opened by submitting a new application, repayment of all application fees and granting of a determination of "sufficiency". Further review of the project will be subject to the then current LDC. K. Dedication of the public facilities and development of prescribed amenities. 1. The Board of County Commissioners may, as a condition of approval and adoption of a PUD rezoning and in accordance with the approved master plan of development, require that suitable areas for streets, public rights-of-way, schools, parks, and other public facilities be set aside, improved, and/or dedicated for public use. Where impact fees are levied for 1 or more required public facilities, the market value of the land set aside for the public purpose may be credited towards such impact fees to the extent authorized by the County's Consolidated Impact Fee Ordinance. Said credit shall be based on a negotiated amount no greater than the market value of the set aside land prior to the rezoning action, as determined by an accredited appraiser from a list approved by Collier County. Said appraisal shall be submitted to the County Attorney's Office and the real property office within 90 days of the date of approval of the rezone, or as otherwise extended in writing by the County Manager or designee, so as to establish the amount of any impact fee credits resulting from said dedication. Failure to provide said appraisal within this time frame shall automatically authorize the county to determine the market value of the set aside property. Impact fee credits shall only be effective after recordation of the document conveying the dedicated APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES 10.02.13 F.7.10.02.13 K.1.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC10:101Supp. No. 32 property to Collier County. Where the term Collier County is used in this section, it shall be construed to include the Collier County Water and Sewer District or other agency or dependent district of Collier County Government. 2. Land set aside and/or to be improved as committed in the PUD document, or master plan, as the case may be, shall be deeded or dedicated to Collier County within 90 days of receipt of notification by the county that the property is needed for certain pending public improvements or as otherwise approved by the Board of County Commissioners during the PUD rezoning approval process. In any case, however, the county shall take title to the set aside property, at the latest, by a date certain established during, and conditioned on, the approval of the PUD zoning. At no cost to the County, the land set aside and/or to be improved shall be made free and clear of all liens, encumbrances and improvements, except as otherwise approved by the Board. Failure to convey the deed or complete the dedication within the appropriate time frame noted above may result in a recommendation to the Board for consideration of rezoning the subject parcel from its current PUD zoning district to an appropriate zoning district and may result in a violation of the LDC pursuant to LDC subsection 8.08.00 B. 3. Should said dedication of land also include agreed upon improvements, said improvements shall be completed and accepted by the Collier County Board of Commissioners at the development phase which has infrastructure improvements available to the parcel of land upon which said improvements are to be made, or at a specified time provided for within the PUD document. L. Common open space or common facilities. Any common open space or common facilities established by an adopted master plan of development for a PUD district shall be subject to the following: 1. The PUD shall provide for and establish an organization for the ownership and maintenance of any common open space and/or common facilities, and such organization shall not be dissolved nor shall it dispose of any common open space or common facilities, by sale or otherwise, except to an organization conceived and established to own and maintain the common open space or common facilities. However, the conditions of transfer shall conform to the adopted PUD master plan. 2. In the event that the organization established to own and maintain common open space or common facilities, or any successor organization, shall at any time after the establishment of the PUD fail to meet conditions in accordance with the adopted PUD master plan of development, the County Manager or designee may serve written notice upon such organization and/or the owners or residents of the planned unit development and hold a public hearing. If deficiencies of maintenance are not corrected within 30 days after such notice and hearing, the County Manager or designee shall call upon any public or private agency to maintain the common open space for a period of 1 year. When the County Manager or designee determines that the subject organization is not prepared or able to maintain the common open space or common facilities, such public or private agency shall continue maintenance for yearly periods. 3. The cost of such maintenance by such agency shall be assessed proportionally against the properties within the PUD that have a right of enjoyment of the common open space or common facilities and shall become a lien on said properties. (Ord. No. 04-72, § 3.DD; Ord. No. 05-27, § 3.ZZ; Ord. No. 06-07, § 3.W; Ord. No. 06-63, § 3.UU; Ord. No. 08-08, § 3.Q; Ord. No. 09-22, §§ 1—3; Ord. No. 10-23, § 3.UU; Ord. No. 11-21, § 1; Ord. No. 12-28, § 1; Ord. No. 12-38, § 3.JJ; Ord. No. 13-52, § 1; Ord. No. 13-56, § 3.RR; Ord. No. 14-33, § 3.AA; Ord. No. 21-05, § 3.O; Ord. No. 25-51, § 3.T) COLLIER COUNTY LAND DEVELOPMENT CODE 10.02.13 K.1.10.02.13 L.3.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC10:102Supp. No. 32 10.02.14 Landscape Plans A. Landscape plan required. Prior to the issuance of any subdivision plat, final site development plan, or building permit, an applicant whose development is covered by the requirements of this section must submit a landscape plan to the County Manager or his designee. The landscape plan must bear the seal of a Landscape Architect registered in the State of Florida. The landscaping required for single-family, two family, and mobile home dwelling units must be shown on the building permit plot plan. This plan is not required to bear the seal of a landscape architect. The landscape plan must be drawn to a suitable scale, include dimensions, north arrow, date, title, project owner's name, delineate the existing and proposed parking, vehicular use areas, buildings, access points, and roadways, show all utility lines or easements, and show the location of existing and proposed planting areas and vegetation communities and designate them by species name. The code-required landscaping must be highlighted or indicated on the plan to differentiate from the applicant's provided landscaping that is in addition to that required by this Code. Design creativity is encouraged so long as it meets the intent of this Code. The plan must show the location of permanent vegetation protection devices, such as barricades, curbing, and tree wells. The plan must also include a plant legend indicating graphic plant symbol, botanical and common name, quantity, height, spread, spacing, native status, drought tolerance rating (as defined by "Xeriscape Plan Guide II" published by South Florida Water Management District, West Palm Beach, FL) and type of mulch. The plan must show tree and palm staking details per accepted industry practices and standards. In addition, a tabulation of the Code-required landscaping indicating the calculations necessary to insure compli- ance with this Code must also appear. A certificate of occupancy must not be issued until approval of the landscaping plan and installation of plants and materials consistent with that approved plan has been completed and inspected by the County. 1. Public educational facilities and Plant, ancillary plant, and auxiliary facility. Essential services including Collier County Public Schools (CCPS)/public Educational and ancillary plants, and other public facility projects developed jointly with CCPS may demonstrate that the intent of this section can be effectively accomplished without meeting specific develop- ment standards. The applicant must request an administrative review of the alternative design, as outlined in paragraph (a) below. The deviations are limited to quantity of plant material and the School district must demonstrate that the deviation is necessary as a result of an educational program or joint use of the school site with another public facility or use. a. Procedure. In addition to the base submittal requirements, applicants shall clearly label the plan submitted as an "Alternative Landscape Code Plan". This plan shall reference the deviations on the plan. An applicant must submit a narrative description identifying the Code development standards required by this section which will be addressed through the alternative approach. The County Manager or his designee will administratively review submittal documents for consistency with the intent of this section. If the plan is approved through this provision, the approved deviations must be specifically noted and the basis of the approval must be stated within the site development plan approval letter. Deviations approved will be applicable only to the specific design and plan reviewed. Modifications of an approved design will void the deviation request and require resubmittal to planning services staff for re-evaluation of the request in the context of the amended design and plan. b. Exemption. An administrative deviation is not required for specific standards relating to placement of plant materials if the intent of the Code can nonetheless be carried APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES 10.02.14 10.02.14 A.1.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC10:103Supp. No. 32 out without meeting these standards. The intent of the section can be demonstrated by detailing a specific health, safety, or welfare concern as defined by SREF or as may be unique to a specific site or educational program that would override the need to provide plant materials. A copy of SREF, as may be amended, is available in the records room in the Community Development and Environmental Services Division Building. B. Irrigation plan required. Prior to the issuance of any subdivision plat or final site development plan, an applicant whose development is subject to the requirements of this section shall submit a separate irrigation plan to the County Manager or his designee. The plan shall be prepared by persons qualified to prepare irrigation plans, such as an irrigation designer or landscape architect. The irrigation plan shall be drawn at the same scale as the landscape plan to: show existing vegetation to remain; delineate existing and proposed buildings and other site improvements, parking spaces, aisles, and driveways; indicate main, valve, and pump locations, pipe sizes and specifications; show controller locations and specifications; show backflow preventer and rain-sensing devices and include a typical sprinkler zone plan indicating type, specifications and spacing, and coverage. If drip irrigation or soaker hoses are proposed, their layout shall be shown. Irrigation systems shall be designed to avoid impacts with existing vegetation. Field changes may be made to avoid disturbance of such vegetation, such as line routing, sprinkler head placement, and spray direction adjustments. C. Existing plant communities. Existing plant communities and ecosystems shall be maintained in a natural state and shall not be required to be irrigated. Native plant areas that are supplements to an existing plant community or newly installed by the applicant shall be irrigated on a temporary basis only during the period of establishment from a temporary irrigation system, water truck, or by hand watering with a hose. (Ord. No. 05-27, § 3.AAA; Ord. No. 24-35, § 3.O) 10.02.15 Requirements for Mixed Use Projects within the Bayshore Gateway Triangle Community Redevelopment Area A. Mixed Use Project Approval Types. Owners of property located in the Bayshore Gateway Triangle Redevelopment Area designated as Neighborhood Commercial (BZO-NC), Waterfront (BZO-W), and Mixed Use (GTZO-MXD) Subdistricts may submit an application for a Mixed Use Project (MUP). The MUP shall allow for a mixture of residential and commercial uses, as permitted under the Table of Uses for the appropriate subdistrict. Applications for a MUP may be approved administratively or through a public hearing process as described in this section. A pre-application meeting is required for all MUP applications. 1. Administrative Approval: a. MUPs may be approved administratively provided they meet the following conditions: i. The MUP complies with all site development standards as outlined in LDC section 4.02.16; ii. The MUP only includes permitted uses as outlined by the Table of Uses for the subdistrict in which it is located; and COLLIER COUNTY LAND DEVELOPMENT CODE 10.02.14 A.1.10.02.15 A.1.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC10:104Supp. No. 32 iii. The MUP does not seek additional density through the Density Bonus Pool Allocation provisions of LDC section 10.02.15 C. b. The Administrative Code shall establish the submittal requirements for MUP administra- tive approval. The application shall follow the applicable submittal requirements and procedures for site development plan submittal and review. 2. MUPs Requiring Public Hearing: a. MUPs that do not meet the thresholds for administrative approval may be approved by the BCC after recommendation by the CCPC through a public hearing process. b. The Administrative Code shall establish the submittal requirements for MUP requiring a public hearing for approval. The application shall follow the applicable submittal requirements and procedures set forth in LDC section 10.08.00, for conditional use submittal and review. In addition to the conditional use findings as set forth in LDC section 10.08.00 D., the following shall be considered: i. Whether or not the requested use or uses are consistent with and further the redevelopment goals and/or objectives of the Collier County Community Redevelopment Agency (CRA) for the subdistrict(s) in which it is located. In addition to the typical staff analysis for land use petitions, the Collier County Planning Commission (CCPC) may also be guided by written or verbal input from CRA staff. ii. Whether or not the proposed use or uses are appropriate in terms of scale and/or size when considered in the context of the overall MUP and subdistrict. iii. Whether a requested deviation is (1) justified in that the subject LDC provision is not practical, feasible, desirable, or warranted or not practical, feasible, desirable, or (2) warranted to the same degree as prescribed by the subject LDC provision, in the context of the proposed mixed use project. The applicant shall provide an analysis so the CCPC may consider the existing conditions related to the need for the requested deviation or conversely, strict adherence to the subject LDC provision, in terms feasibility and/or need. iv. Whether or not the deviation will or may have a negative impact on public health, safety, and welfare. c. There shall be a public hearing before the Planning Commission and BCC legally noticed and advertised pursuant to LDC section 10.03.06. d. After a Mixed Use Project has been approved by the BCC, the applicant shall submit a site development plan (SDP) consistent with the conceptual site plan approved by the BCC and meeting the requirements of LDC section 10.02.03 B. The SDP may be submitted concurrent with the MUP application at the applicant's risk. e. MUP approval shall expire and any residential density bonus units shall be null and void and returned to the density bonus pool allocation if any of the following occur: i. The SDP is not submitted and deemed sufficient for review within one year and approved within two years of MUP approval. APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES 10.02.15 A.1.10.02.15 A.2.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC10:105Supp. No. 32 ii. The SDP under review is deemed withdrawn and cancelled, pursuant to LDC section 10.02.03 H.1. iii. The SDP is considered no longer valid, pursuant to LDC section10.02.03 B.4.b. and c. and LDC section 10.02.03 H.3. f. An approved MUP may be amended subject to the same procedures provided in this section. B. MUP Deviations. 1. Authority. The County Manager or designee may grant administrative deviations for proposed developments requesting, or which have obtained, MUP approval through a public hearing process. Deviations to the following land development standards may be granted, providing such deviation requests demonstrate compliance with the applicable criteria. 2. List of Development Standards Eligible for Administrative Deviation Requests. MUPs shall be eligible to seek an administrative deviation from the following LDC provisions: a. Front Setback. i. These deviation requests shall be subject to the process and procedures of LDC sections 5.05.08. G.1.—2. and the submittal requirements established in the Administrative Code, except that in order to be eligible for an administra- tive deviation the site shall meet at least one of the following conditions or circumstances: a) If constructed where otherwise required, the building(s) or structure(s) would conflict with regulatory standards for existing public utilities or encroach into an associated public utility easement, which cannot reasonably be relocated or vacated based on physical or legal restrictions, as applicable. b) The property has a unique or challenging parcel shape or boundary, such as a narrow lot frontage on the public street. ii. In order to administratively approve a front setback deviation, the proposed design shall create a connective and walkable environment by demonstrating a comparable relationship between proposed alternative building(s) loca- tion(s) and their associated pedestrian and vehicular pathways, and associ- ated parking facilities and transit alternatives. b. Architectural and Site Design Standards. These deviation requests shall be subject to the process and procedures of LDC sections 5.05.08. G.1.—2. and 5. and the submittal requirements established in the Administrative Code. c. Landscape and Buffer Requirements. The alternative plans requesting approval for deviation from landscaping and buffer requirements shall be subject to the process and procedures of LDC section 5.05.08. G.1.—2. and the submittal requirements established in the Administrative Code. Further, the applicant must additionally COLLIER COUNTY LAND DEVELOPMENT CODE 10.02.15 A.2.10.02.15 B.2.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC10:106Supp. No. 32 provide a minimum of 110 percent of the open space requirement for mixed use projects in addition to other conditions that the County Manager or designee deems necessary. d. Parking Standards. These deviation requests shall be subject to the process and procedures of LDC section 4.05.04 F.4. 3. In order to provide for maximum flexibility, an applicant may request a deviation in addition to the administrative deviations specifically identified in LDC section 10.02.15 B.2 as part of a MUP Public Hearing process. Requests to deviate from LDC provisions where compliance is not practical, feasible, desirable, or warranted in a mixed use project shall include a written justification for any such deviation. The review of these deviations shall be guided by the following considerations: a. Whether a requested deviation is (1) justified in that the subject LDC provision is either not practical, feasible, desirable, or warranted or not practical, feasible, desirable, or (2) warranted to the same degree as prescribed by the subject LDC provision, in the context of the proposed mixed use project. The application shall provide an analysis of existing conditions and the impact of either the requested deviation or strict adherence to the subject LDC provision, in terms feasibility and/or need. b. Whether or not the deviation will or may have a negative impact on public health, safety, and welfare. 4. Effect of Denial. Staff denial of any such requested deviation may be appealed under the provisions of section 250-58 of the Collier County Code of Laws and Ordinances. C. Density Bonus Pool Allocation. Under the Collier County Future Land Use Element, bonus density units are available for reallocation within the BGTCRA. The County Manager or designee will track the Density Bonus Pool Allocation balance as the units are used. These bonus density units may be allocated between the BZO and GTZO overlays, and shall only be allocated through a public hearing approval process. To qualify for up to 12 dwelling units per acre, projects shall comply with the following criteria. This density of up to 12 dwelling units per acre is only applicable until the bonus density pool has been depleted. 1. The project shall be within the Neighborhood Commercial (BZO-NC), Waterfront (BZO-W), or Commercial Mixed Use (GTZO-MXD) Subdistricts, and shall be a mixed use project. 2. Base density shall be as per the underlying zoning district. The maximum density of 12 units per acre shall be calculated based upon total project acreage. The bonus density allocation is calculated by deducting the base density of the underlying zoning classification from the 12 unit maximum being sought. The difference in units per acre determines the bonus density allocation requested for the project. 3. For proposed projects, only the Affordable Housing Density Bonus, as provided in the Density Rating System, is allowed in addition to the eligible bonus density units provided herein as the entire BMUD is within the Coastal High Hazard Area (CHHA). APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES 10.02.15 B.2.10.02.15 C.3.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC10:107Supp. No. 32 4. The project shall comply with the standards for mixed use development set forth in LDC section 4.02.16 C.8. 5. For projects that do not comply with the requirements for this density increase, their density is limited to that allowed by the Density Rating System and applicable FLUE Policies. 6. Expiration. All Density Bonus Pool units shall expire five years from the date of approval if building permits for the allocated units have not be issued. Upon expiration, the units shall revert to the Density Bonus Pool. (Ord. No. 12-39, § 3.K; Ord. No. 13-56, § 3.SS; Ord. No. 16-22, § 3.O; Ord. No. 22-08, § 3.C; Ord. No. 22-12, § 3.F; Ord. No. 25-51, § 3.U) 10.03.00 NOTICE REQUIREMENTS 10.03.01 Generally [Reserved] 10.03.02 Posting Signs Required [Reserved] 10.03.03 Mailed Notice Requirements [Reserved] 10.03.04 Published Notice Requirements [Reserved] 10.03.05 Required Methods of Providing Public Notice This section shall establish the required methods of providing public notice. Chapter 8 of the Administrative Code shall establish the public notice procedures for land use petitions. A. Neighborhood Information Meeting (NIM). Neighborhood Information Meetings, when required, shall be held prior to the first public hearing, noticed as follows, and subject to the Rules of Decorum: 1. Mailed Notice shall be sent prior to the NIM and shall be pursuant to LDC section 10.03.05 B. 2. Publication of Legal Advertisement prior to the NIM. Advertisements for NIMs may be published on the official website of Collier County or in a newspaper in the manner described in F.S. § 50.011. 3. Rules of Decorum. The purpose and intent of a NIM is to provide the public with notice of an impending land use petition and to foster communication between the petitioner and the public. To promote increased participation and convenience to the interested members of the public, all NIMs shall be conducted at a physical location, to allow for in-person attendance, and virtually, utilizing videoconferencing technology. The expectation is that all NIM attendees will conduct themselves in such a manner that their presence will not interfere with the orderly progress of the meeting. The petitioner is encouraged to provide a licensed and qualified security detail for in-person meetings, which will be at the petitioner's expense. If the petitioner or staff determines the NIM cannot be completed due to the disorderly conduct of the members of the public, the petitioner shall have the right to adjourn the NIM but be required to conduct another duly advertised NIM, either in person or via videoconferencing technology, or both, at the petitioner's discretion. COLLIER COUNTY LAND DEVELOPMENT CODE 10.02.15 C.4.10.03.05 A.3.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC10:108Supp. No. 32 B. Mailed Notice. 1. Where required, Mailed Notice shall be sent to property owners in the notification area as follows: a. For areas in the urban designated area of the future land use element of the Growth Management Plan notices shall be sent to all property owners within 500 feet of the property lines of the subject property except for Rural Agricultural (A) zoned lands pursuant to LDC section 10.03.06 B.1.d. b. For all other areas, except areas designated in the Rural Golden Gate Estates Sub-Element or Urban Golden Gate Estates Sub-Elements of the Golden Gate Area Master Plan or areas zoned Rural Agricultural, notices shall be sent to all property owners within 1,000 feet of the property lines of the subject property. c. For areas designated within the Rural and Urban Golden Gate Estates Sub-Elements of the Golden Gate Area Master Plan, notices shall be sent to all property owners within one mile of the subject property lines, except for Estates (E) zoned variance applications, which shall be 1,000 feet of the subject property lines. d. For a petition involving a site-specific GMP amendment, rezoning, or Conditional Use request on Rural Agricultural (A) zoned lands, mailed notices shall be sent to all property owners within one mile of the subject property lines. e. Notices shall also be sent to property owners and condominium and civic associa- tions whose members may be impacted by the proposed land use changes and who have formally requested the county to be notified. A list of such organizations must be provided and maintained by the County, but the applicant must bear the responsibility of ensuring that all parties are notified. 2. 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. Unless required by F.S. § 125.66(4), the mailed notice is a courtesy only and is not jurisdictional. Accordingly, provided a good faith attempt for mailed notice is made, failure to mail or to timely mail the notice or failure of an affected property owner to receive mailed notice will not constitute a defect in notice or bar the public hearing as scheduled. C. Legal Advertisement. 1. In accordance with F.S. § 125.66, except 15 days prior to the public hearing. D. Posting of Signage. Where required, signs shall be posted 15 days prior to the first advertised public hearing pursuant to the Administrative Code. E. Agent Letter. Where required, an informational letter shall be sent by the owner or Agent to property owners within 150 feet of the area covered by the petition following the initial staff review comments for the petition and prior to the resubmittal of the petition to the County. (Ord. No. 04-72, § 3.EE; Ord. No. 05-27, § 3.BBB; Ord. No. 05-37, § 1; Ord. No. 06-08, § 3.S; Ord. No. 06-63, § 3.VV; Ord. No. 07-67, § 3.W; Ord. No. 10-23, § 3.VV; Ord. No. 12-38, § 3.KK; Ord. No. 13-56, § 3.TT; Ord. No. 14-33, § 3.BB; Ord. No. 21-25, § 3.E; Ord. No. 22-44, § 3.A; Ord. No. 23-63, § 3.A; Ord. No. 25-38, § 3.A; Ord. No. 25-50, § 3) APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES 10.03.05 B.10.03.05 E.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC10:109Supp. No. 32 10.03.06 Public Notice and Required Hearings for Land Use Petitions This section shall establish the requirements for public hearings and public notices. This section shall be read in conjunction with LDC section 10.03.05 and Chapter 8 of the Administrative Code, which further establishes the public notice procedures for land use petitions. A. Ordinance or resolution that is initiated by County or a private entity which does not change the zoning atlas or actual list of uses in a zoning category but does affect the use of land, including, but not limited to, land development code regulations as defined in F.S. § 163.3202, regardless of the percentage of the land affected. This is commonly referred to as a LDC amendment. 1. The following advertised public hearings are required: a. One Planning Commission hearing. b. One BCC hearing. 2. The following notice procedures are required: a. Legal Advertisement prior to each advertised public hearing. B. Ordinance or resolution for a rezoning, or a PUD amendment, or a conditional use. For minor conditional use notice requirements see 10.03.06 C, below and for County initiated rezonings, see LDC section 10.03.06 K.: 1. The following advertised public hearings are required: a. One Planning Commission and, if required, an Environmental Advisory Council hearing. b. One BCC or BZA hearing. 2. The following notice procedures are required: a. A NIM. See LDC section 10.03.05 A. b. Mailed Notice prior to the first advertised public hearing. c. Legal Advertisement prior to each advertised public hearing. d. Posting of a sign prior to the first advertised public hearing. C. Minor conditional use. 1. The following advertised public hearings are required: a. One Hearing Examiner hearing. If not heard by the Hearing Examiner, then pursuant to LDC section 10.03.06 B and if directed by a single Board member, one Planning Commission and BZA. 2. The following notice procedures are required: a. A NIM. See LDC section 10.03.05 A. COLLIER COUNTY LAND DEVELOPMENT CODE 10.03.06 10.03.06 C.2.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC10:110Supp. No. 32 b. Mailed Notice prior to the advertised public hearing. c. Legal Advertisement prior to the advertised public hearing. d. Posting of a sign prior to the advertised public hearing. D. Conditional use extension, or conditional use re-review: 1. The following advertised public hearings are required: a. One BZA or Hearing Examiner hearing. 2. The following notice procedures are required: a. Mailed Notice prior to the advertised public hearing. b. Legal Advertisement prior to the advertised public hearing. c. Posting of a sign prior to the advertised public hearing. Signage is not required for a conditional use re-review. E. Ordinance or resolution for comprehensive plan amendments: 1. The following advertised public hearings are required: a. One or more Planning Commission hearings pursuant to F.S. Chapter 163. b. One or more BCC hearings pursuant to F.S. Chapter 163. 2. The following notice procedures are required: a. Small-scale amendments: i. A NIM. See LDC section 10.03.05 A. ii. Mailed Notice prior to the advertised Planning Commission hearing. iii. Legal Advertisement prior to each advertised public hearing. iv. Posting of a sign prior to the advertised Planning Commission hearing. b. Large-scale amendments: i. For all large-scale amendments, a Newspaper Advertisement prior to each advertised public hearing. ii. For large-scale amendments that are site-specific, the additional notice procedures are required: a) A NIM. See LDC section 10.03.05 A. b) Mailed Notice prior to the advertised Planning Commission hearing. c) Posting of a sign prior to the advertised Planning Commission hearing. APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES 10.03.06 C.2.10.03.06 E.2.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC10:111Supp. No. 32 F. Variance, pursuant to LDC section 9.04.02 or a sign variance, pursuant to LDC section 5.06.08: 1. The following advertised public hearings are required: a. One Hearing Examiner hearing. b. If Hearing Examiner has a conflict, one Planning Commission and BZA hearing. 2. The following notice procedures are required: a. An Agent Letter shall be sent to property owners within 150 feet of the area covered by the petition following the initial staff review comments and prior to the resubmittal of the petition to the County. b. Mailed Notice prior to the advertised public hearing. c. Legal Advertisement prior to each advertised public hearing. d. Posting of a sign prior to the first advertised public hearing. G. Parking exemption, pursuant to LDC section 4.05.02 K.3: 1. The following advertised public hearing is required: a. One Hearing Examiner hearing. b. If Hearing Examiner has a conflict, one Planning Commission and BZA hearing. 2. The following notice procedures are required: a. An Agent Letter shall be sent to property owners within 150 feet of the area covered by the petition following the initial staff review comments and prior to resubmittal of the petition to the County. b. Mailed Notice prior to each advertised public hearing. c. Legal Advertisement prior to the advertised public hearing. d. Posting of a sign prior to the first advertised public hearing. H. PUD Insubstantial Change (PDI) or Boat Dock Facility Extension, Boathouse Establishment, or Boat Dock Canopy Deviation: 1. The following advertised public hearings are required: a. One Hearing Examiner hearing. b. If Hearing Examiner has a conflict, one Planning Commission hearing. 2. The following notice procedures are required: a. For a PDI, a NIM. See LDC section 10.03.05 A. b. Mailed Notice prior to the advertised public hearing. COLLIER COUNTY LAND DEVELOPMENT CODE 10.03.06 F.10.03.06 H.2.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC10:112Supp. No. 32 c. Legal Advertisement prior to the advertised public hearing. d. Posting of a sign prior to the advertised public hearing. I. Ordinance or resolution for the establishment, amendment to, or the abandonment of a Development of Regional Impact (DRI): 1. The following advertised public hearings are required: a. One Planning Commission hearing. b. One BCC hearing. 2. The following notice procedures are required: a. In accordance with F.S. § 380.06 and the Florida Administrative Code. J. Ordinance or resolution that is initiated by the BCC and will change the zoning map designation of less than 10 contiguous acres of land. This is commonly referred to as a rezone. 1. The following advertised public hearings are required: a. One Planning Commission hearing. b. One BCC hearing. 2. The following notice procedures are required: a. Mailed Notice prior to the first advertised public hearing. b. Legal Advertisement prior to each advertised public hearing. The advertisement for the Planning Commission hearing shall include a project location map. c. Posting of a sign prior to the first advertised public hearing. d. The County shall notify by mail each owner within the area covered by the proposed ordinance or resolution of the time, place, and location of the public hearings before the BCC. K. Ordinance or resolution that is initiated by the BCC and will change the zoning map designation of more than 10 contiguous acres of land or more or an ordinance or resolution that will change the actual list of permitted, conditional, or prohibited uses of land within a zoning category. This is commonly referred to as a rezone or LDC amendment: 1. The following advertised public hearings are required: a. At least one Planning Commission hearing. The Planning Commission may elect by a majority decision to hear such ordinance or resolution at two public hearings. If there is only one Planning Commission hearing, the hearing shall be held after 5:00 p.m. on a weekday, and if there are two Planning Commission hearings, then at least one of the hearings shall be held after 5:00 p.m. on a weekday. APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES 10.03.06 H.2.10.03.06 K.1.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC10:113Supp. No. 32 b. At least two BCC hearings. At least one hearing shall be held after 5:00 p.m. on a weekday, unless the BCC by a majority vote plus one vote elects to conduct that hearing at another time of day. 2. The following notice procedures are required: a. Newspaper Advertisement prior to Planning Commission hearing including a project location map. i. The first Planning Commission hearing shall be held approximately seven days after the day that the first advertisement is published. The second hearing will be held approximately two weeks after the first hearing and shall be advertised approximately five days prior to the public hearing. The day, time, and place of a second public hearing shall be announced at the first public hearing. b. Legal Advertisement prior to the BCC hearings in accordance with F.S § 125.66 (4) including a project location map. i. In lieu of the legal advertisement, the BCC may mail a written notice to property owners within the area covered by the proposed ordinance or resolution. The notice shall include the time, place and location of both the public hearings before the BCC. ii. The first BCC hearing shall be held at least seven days after the first advertisement is published. The second hearing shall be held at least ten days after the first hearing and shall be advertised at least five days prior to the public hearing. L. Ordinance or resolution for a Stewardship Sending Area (SSA) and SSA amendments: 1. The following advertised public hearings are required: a. One BCC hearing. 2. The following notice procedures are required: a. Legal Advertisement prior to the advertised public hearing pursuant to LDC section 4.08.06 E.1. M. Resolution or decision for a Stewardship Receiving Area (SRA) and SRA amendments. 1. The following advertised public hearings are required: a. SRA designation or SRA substantial change: i. One EAC hearing, if required. ii. One Planning Commission hearing. iii. One BCC hearing. COLLIER COUNTY LAND DEVELOPMENT CODE 10.03.06 K.1.10.03.06 M.1.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC10:114Supp. No. 32 b. SRA insubstantial change: i. One Planning Commission or Hearing Examiner hearing. ii. If heard by the Planning Commission, one BCC hearing. 2. The following notice procedures are required: a. SRA designation or SRA substantial change: i. A NIM. See LDC section 10.03.05 A. ii. Mailed Notice prior to the first advertised public hearing. iii. Legal Advertisement prior to each advertised public hearing. iv. Posting of a sign prior to the first advertised public hearing. v. Mailed Notice shall be sent to each real property owner within the area covered by the proposed application prior to the advertised BCC public hearing. b. SRA insubstantial change: i. A NIM. See LDC section 10.03.05 A. ii. Mailed Notice prior to the advertised public hearing. iii. Legal Advertisement prior to the advertised public hearing. iv. Posting of a sign prior to the advertised public hearing. v. Mailed Notice shall be sent to each real property owner within the area covered by the proposed application prior to the advertised public hearing. N. Ordinance or resolution for an MUP located in the mixed use subdistrict of the BZO or GTZO which seeks to utilize the Density Bonus Pool Allocation or request deviations exceeding administrative approval, pursuant to LDC section 10.02.15: 1. The following advertised public hearings are required: a. One Planning Commission hearing. b. One BCC hearing. 2. The following notice procedures are required. a. A NIM. See LDC section 10.03.05 A. b. Mailed Notice prior to the first advertised public hearing. c. Legal Advertisement prior to each advertised public hearing. d. Posting of a sign prior to the first advertised public hearing. APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES 10.03.06 M.1.10.03.06 N.2.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC10:115Supp. No. 32 O. Approval of a Comparable Use Determination pursuant to LDC section 10.02.06 K. 1. The following advertised public hearings are required: a. One Hearing Examiner or if Board directed, one BZA hearing. 2. The following notice procedures are required: a. Legal Advertisement prior to the advertised public hearing. P. Official Interpretations, pursuant to LDC section 1.06.00. 1. The following notice procedures are required for the interpretation of county wide application of the Growth Management Plan, Land Development Code and the building code: a. Legal Advertisement. 2. The following notice procedures are required for the interpretation affecting a specific parcel of land. a. Notification of affected property owner. Where a site specific official interpretation has been requested by a party other than the property owner, the County shall notify the property owner that an official interpretation has been requested. b. For site specific official interpretations, Mailed Notice shall be sent to property owners within 300 feet of the property lines of the land for which the interpretation is requested. c. Legal Advertisement. Q. Appeal of an Official Interpretation, pursuant to LDC section 1.06.00. 1. The following advertised public hearings are required: a. One Hearing Examiner or if Board directed, one BZA hearing. 2. The following notice procedures are required: a. Legal Advertisement prior to the advertised public hearing. R. Site Plan with Deviations for Redevelopment, pursuant to LDC section 10.02.03 F, deviations in the GGPOD, pursuant to LDC section 4.02.26 E., and the LBDPA, pursuant to LDC section 4.02.16 C.13. 1. The following advertised public hearings are required: a. One Hearing Examiner hearing. b. If Hearing Examiner has a conflict, one Planning Commission hearing. 2. The following notice procedures are required: a. Legal Advertisement prior to the advertised public hearing. b. Mailed Notice prior to the advertised public hearing. COLLIER COUNTY LAND DEVELOPMENT CODE 10.03.06 O.10.03.06 R.2.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC10:116Supp. No. 32 c. Posting of a sign prior to the advertised public hearing. S. Post Take Plan, pursuant to LDC section 9.03.07 D. 1. The following notice procedures are required: a. Mailed Notice. Additional Mailed Notice details are established in LDC 9.03.07 D.3.b. b. If a Hearing Examiner hearing is required, a Legal Advertisement. 2. The following advertised public hearings shall be required: a. If a written objection is received, one Hearing Examiner or BZA hearing. T. Minor Change to a PUD to remove affordable housing contributions, pursuant to LDC section 10.02.13 E.3.c. 1. The following notice procedures are required: a. Mailed Notice, sent by the applicant. 2. The following advertised public hearings may be required: a. If a written objection is received, one Hearing Examiner hearing. b. If Hearing Examiner has a conflict, one Planning Commission hearing. U. Facilities with Fuel Pumps Waiver pursuant to LDC section 5.05.05 and Alcohol Beverage Distance Waiver pursuant to LDC section 5.05.01. 1. The following advertised public hearings are required: a. One Hearing Examiner hearing. b. If Hearing Examiner has a conflict, one BZA hearing. 2. The following notice procedures are required: a. For an Alcohol Beverage Distance Waiver, an Agent Letter shall be sent to property owners within 150 feet of the area covered by the petition following the initial staff review comments and prior to the second submittal. b. Legal Advertisement prior to the advertised public hearing. V. Nonconforming Use Change pursuant to LDC section 9.03.02 D and Nonconforming Use Alteration, pursuant to LDC section 9.03.03 B.5. 1. The following advertised public hearings are required: a. One Hearing Examiner or BZA hearing. b. If Hearing Examiner has a conflict, one Planning Commission and BZA hearing. APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES 10.03.06 R.2.10.03.06 V.1.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC10:117Supp. No. 32 2. The following notice procedures are required: a. Mailed Notice prior to the advertised public hearing. b. Newspaper Advertisement prior to the advertised public hearing. c. Posting of a sign prior to the advertised public hearing. W. Intent to Convert, pursuant to LDC section 5.05.15 C.1. 1. The following notice procedures are required: a. Mailed notice sent by the applicant after the Intent to Convert application has been reviewed and deemed satisfactory by staff to proceed to the mailed notice and Stakeholder Outreach Meetings, and at least 20 days prior to the first Stakeholder Outreach Meeting. For the purposes of this application, all mailed notices shall be sent to property owners within 1,000 feet of the property lines of the subject property. b. Posting of a sign after Intent to Convert application has been reviewed and deemed satisfactory by staff to proceed to the mailed notice and Stakeholder Outreach Meetings, and at least 20 days prior to the first Stakeholder Outreach Meeting. X. Stakeholder Outreach Meeting, pursuant to LDC section 5.05.15 C.3. 1. The following notice procedures are required: a. Legal advertisement at least 15 days prior to the Stakeholder Outreach Meeting. b. Mailed notice sent by the applicant at least 15 days prior to the required Stakeholder Outreach Meetings. For the purposes of this application, all mailed notices shall be sent to property owners within 1,000 feet of the property lines of the subject property. This mailed notice may include both required Stakeholder Outreach Meeting dates. All mailed notices shall include the web address to participate in the required web-based visual survey. Y. Compatibility Design Review, pursuant to LDC section 5.05.15 F. 1. The following advertised public hearings are required. a. One Planning Commission hearing. b. One BCC hearing. 2. The following notice procedures are required: a. Legal advertisement at least 15 days prior to the advertised public hearing. b. Mailed notice sent by the applicant at least 15 days prior to the required public hearings. For the purposes of this application, all mailed notices shall be sent to property owners within 1,000 feet of the property lines of the subject property. COLLIER COUNTY LAND DEVELOPMENT CODE 10.03.06 V.2.10.03.06 Y.2.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC10:118Supp. No. 32 Z. Events in County Right-of-Way, pursuant to LDC section 5.04.05 A.5. 1. The following advertised public hearing is required: a. One Hearing Examiner or BCC hearing. 2. The following notice procedures are required: a. Legal advertisement prior to the advertised public hearing. b. Mailed notice prior to the first advertised public hearing. For the purposes of this application, all mailed notices shall be sent to property owners, neighborhoods and business associations within one-quarter mile of the County right-of-way impacted by the event. (Ord. No. 13-56, § 3.UU; Ord. No. 14-33, § 3.CC; Ord. No. 15-44, § 3.M; Ord. No. 17-10, § 3.E; Ord. No. 20-16, § 3.L; Ord. No. 20-44, § 3.J; Ord. No. 21-14, § 3.J; Ord. No. 22-08, § 3.D; Ord. No. 22-12, § 3.G; Ord. No. 23-16, § 3.C; Ord. No. 25-51, § 3.V) APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES 10.03.06 Z.10.03.06 Z.2.______________________________________________________________________________________ ___________________________________________________________________________________________________________ [The next page is LDC10:123] LDC10:119Supp. No. 32 10.04.03 Applications Subject to Type II Review The following applications are subject to Type II review: Conditional use Permits; Rezoning; LDC Text Amendments; GMP Amendments; and small-scale development Amendments. For a graphic depiction of the review procedure, please see Illustration 10.04.03 A. (Ord. No. 07-67, § 3.X) Illustration 10.04.03.A APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES 10.04.03 10.04.03 ______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC10:161Supp. No. 32 10.04.04 Applications Subject to Type III Review The following applications are subject to Type III review: Variances; Administrative Appeals; Certificates of Appropriateness; Conditional Uses; Nonconforming Use Amendments and Alterations; Vested Rights; Parking Agreements. For a graphic depiction of the review procedure, please see Illustration 10.04.04 A. (Ord. No. 07-67, § 3.Y; Ord. No. 24-11, § 3.GG; Ord. No. 25-51, § 3.W) 10.04.05 Procedures for Review and Approval of Type I Applications For specific procedures pertaining to each application, please see Illustration 10.04.02 A. and the various sections in this chapter pertaining to that application. 10.04.06 Procedures for Review and Approval of Type II Applications For specific procedures pertaining to each application, please see Illustration 10.04.03 A. and the various sections in this chapter pertaining to that application. Illustration 10.04.04 A. COLLIER COUNTY LAND DEVELOPMENT CODE 10.04.04 10.04.06 ______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC10:162Supp. No. 32 assists, directs, creates or maintains any situation that is contrary to the requirements of this Code may be held responsible for the violation and be subject to the penalties and remedies provided herein. b. Where any sign or part thereof violates this Code, the compliance service manager or his designee, may institute any appropriate action or proceedings to prevent, restrain, correct, or abate a violation of this Code, as provided by law, including prosecution before the Collier County Code Enforcement Board against the owner, agent, lessee, or other persons maintaining the sign, or owner, or lessee of the land where the sign is located. c. If a sign is in such condition as to be in danger of falling, or is a menace to the safety of persons or property, or found to be an immediate and serious danger to the public because of its unsafe condition, the provisions of section 2301.6 of the Standard Building Code, as adopted by Collier County shall govern. d. Code enforcement shall immediately remove all violative signs located in or upon public rights-of-way or public property. e. Penalties. If any person, firm or corporation, whether public or private, or other entity fails or refuses to obey or comply with or violates any of the provisions of this Code, such person, firm, corporation, or other entity, upon conviction of such offense, shall be guilty of a misdemeanor and shall be punished by a fine not to exceed $500.00 or by imprisonment not to exceed 60 days in the county jail, or both, in the discretion of the court. Each violation or noncompliance shall be considered a separate and distinct offense. Further, each day of continued violation or noncompliance shall be considered as a separate offense. Nothing herein contained shall prevent or restrict the county from taking such other lawful action in any court of competent jurisdiction as is necessary to prevent or remedy any violation or noncompliance. Such other lawful actions shall include, but shall not be limited to, an equitable action for injunctive relief or an action at law for damages. Further, nothing in this section shall be construed to prohibit the county from prosecuting any violation of this Code by means of a code enforcement board established pursuant to the subsidiary of F.S. ch. 162. 10.07.01 Responsibility for Enforcement [Reserved] 10.07.02 Complaints and Investigations [Reserved] 10.01.01 [10.07.03] Notification of Violation [Reserved] 10.08.00 CONDITIONAL USE PROCEDURES A. General. A conditional use is a use that would not be appropriate generally or without restriction throughout a particular zoning district or classification, but which, if controlled as to number, area, location, or relation to the neighborhood, would promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, or the general welfare. Such uses may be permissible in a APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES 10.07.00 A.2.10.08.00 A.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC10:173Supp. No. 32 zoning district as a conditional use if specific provision for such conditional use is made in the LDC. All petitions for conditional uses shall be considered first by the Planning Commission in the manner herein set out. Decisions regarding conditional uses shall be quasijudicial in nature. B. Applicability. Conditional use approval is required before the construction or establishment of a conditional use. C. Application. The Administrative Code shall establish the submittal requirements for a conditional use application and minor conditional use change. 1. Conditional use application processing time. An application for a conditional use will be considered "open," when the determination of "sufficiency" has been made and the application is assigned a petition processing number. An application for a conditional use will be considered "closed" when the applicant withdraws the subject application through written notice or ceases to supply necessary information to continue processing or otherwise actively pursue the conditional use, for a period of 6 months. An application deemed "closed" will not receive further processing and shall be withdrawn and an application "closed" through inactivity shall be deemed withdrawn. The County Manager or designee will notify the applicant of closure by certified mail, return receipt requested; however, failure to notify by the County shall not eliminate the "closed" status of a petition. An application deemed "closed" may be re-opened by submitting a new application, repayment of all application fees and granting of a determination of "sufficiency." Further review of the request will be subject to the then current LDC. D. Findings. The Planning Commission shall make a recommendation of approval, approval with conditions, or denial of the conditional use to the Board of Zoning Appeals. The Planning Commission's recommendation of approval or approval with conditions shall find that the granting of the conditional use will not adversely affect the public and any specific requirements pertaining to the conditional use have been met by the petitioner. Further, that satisfactory provision and arrangement has been made for the following matters, where applicable: 1. Consistency with the LDC and Growth Management Plan. 2. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. 3. The effect the conditional use would have on neighboring properties in relation to noise, glare, economic or odor effects. 4. Compatibility with adjacent properties and other property in the district. E. Planning Commission actions. 1. Conditions and safeguards. In recommending approval of a conditional use, the Planning Commission may also recommend appropriate conditions and safeguards in conformity with the LDC. Violation of such conditions and safeguards, which are made a part of the terms under which the conditional use is granted, shall be deemed a violation of the LDC. 2. Denial by the Planning Commission. If the Planning Commission shall recommend denial of a conditional use, it shall state fully in its record its reason for doing so. Such reasons shall COLLIER COUNTY LAND DEVELOPMENT CODE 10.08.00 A.10.08.00 E.2.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC10:174Supp. No. 32 take into account the factors stated in section 10.08.00 D. above or those factors that may be applicable to the action of denial and the particular regulations relating to the specific conditional use requested, if any. 3. Status of Planning Commission report and recommendations. The report and recommenda- tions of the Planning Commission required above shall be advisory only and shall not be binding upon the Board of Zoning Appeals. F. Consideration by the Board of Zoning Appeals. Upon receipt of the Planning Commission's report and recommendations, the Board of Zoning Appeals shall make a finding that the granting of the conditional use will not adversely affect the public and any specific requirements pertaining to the conditional use have been met by the petitioner. Further, that satisfactory provision and arrangement has been made for the matters identified in LDC section 10.08.00 D were applicable. 1. The Board of Zoning Appeals shall approve, by resolution, or deny a petition for a conditional use. The approval of a conditional use petition shall require 4 affirmative votes of the Board of Zoning Appeals. 2. If the Board of Zoning Appeals denies the conditional use, it shall state fully in its record its reason for doing so. Such reasons shall take into account the factors stated in section 10.08.00 D. above or those factors that may be applicable to the action of denial and the particular regulations relating to the specific conditional use requested, if any. G. Expiration and re-review. 1. A conditional use shall expire 5 years from the date of approval, if by that date the use for which the conditional use was granted has not commenced. 2. A conditional use shall expire 1 year following the discontinuance of the use for which the conditional use was granted unless the site was improved and/or structures built for the specific uses approved by a conditional use and which cannot be converted to a use permitted by the underlying zoning designation of the site. 3. The Board of Zoning Appeals may grant one 2-year extension of an approved conditional use upon written request of the petitioner. 4. If a conditional use permit is approved with stipulations or conditions, a re-review of the permit, stipulations, or conditions shall take place in accordance with the resolution approving the conditional use permit or by request of the applicant. H. Public facility dedication. 1. The Board of County Commissioners may, as a condition of approval of the conditional use, require that suitable areas for streets, public rights-of-way, schools, parks, and other public facilities be set aside, improved, and/or dedicated for public use. Where impact fees are levied for certain public facilities, the market value of the land set aside for the public purpose shall be credited towards impact fees. Said credit shall be based on a negotiated amount no greater than the market value of the set aside land prior to the approval of the conditional use, as determined by an accredited appraiser from a list approved by Collier County. Said appraisal shall be submitted to the County Attorney's Office and the real property office within 90 days of the date of approval of the conditional use, or as otherwise extended in writing by Collier APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES 10.08.00 E.2.10.08.00 H.1.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC10:175Supp. No. 32 County, so as to establish the amount of any impact fee credits resulting from said dedication. Failure to provide said appraisal within this time frame shall authorize the County to determine the market value of the property. Impact fee credits shall only be effective after recordation of the document conveying the dedicated property to Collier County. Where the term Collier County is used in this section, it shall be construed to include the Collier County Water and Sewer District or other agency or dependent district of Collier County Government. 2. Land set aside and/or to be improved as committed as part of the conditional use approval shall be deeded or dedicated to Collier County within 90 days of receipt of notification by the county that the property is needed for certain pending public improvements or as otherwise approved by the Board of County Commissioners during the conditional use process. In any case, however, the County shall take title to set aside property, at the latest, by a date certain established during, and conditioned on, the approval of the conditional use. 3. The land set aside and/or to be improved shall be made free and clear of all liens, encumbrances and improvements, at the developer's sole expense, except as otherwise approved by the Board. Failure to complete the dedication within the appropriate time frame noted above may result in a recommendation to the Board of reconsideration of approved conditional use and may result in a violation of the LDC pursuant to section 8.08.00. 4. Should said dedication of land also include agreed upon improvements, said improvements shall be completed and accepted by the Collier County Board of Commissioners at the development phase which has infrastructure improvements available to the parcel of land upon which said improvements are to be made, or at a specified time provided for within the resolution approving the conditional use. I. Conditional uses for school or religious purposes. A use which has been approved as part of a subdivision plat or a planned unit development for schools, religious or eleemosynary uses shall be exempt from the provisions of this section. Such uses must comply with the provisions of LDC section 10.02.03, site development plan approval, as applicable, and all other zoning requirements. J. Changes and amendments. Uses or expansion of permitted uses not shown on the conceptual site development plan or otherwise specifically provided for in the conditional use application shall require the submission, review, and approval of a new conditional use application. K. Minor Conditional Uses. Minor conditional uses, and conditional use changes or amendments, shall be heard by the Hearing Examiner, except for those requests that require an Environmental Advisory Council review or, at the discretion of the Hearing Examiner, are determined to be a matter of great public interest or concern. Additionally, the Commissioner of the District in which the minor conditional use change is located may direct the minor conditional use change to be heard by the Planning Commission in an advisory capacity and then by the BZA for final action. (Ord. No. 05-27, § 3.CCC; Ord. No. 06-07, § 3.Y; Ord. No. 12-38, § 3.LL; Ord. No. 13-56, § 3.VV; Ord. No. 24-35, § 3.P; Ord. No. 25-51, § 3.X) 10.09.00 VARIANCE PROCEDURES A. Conditions and safeguards. In recommending approval of any variance, the Planning Commission may recommend appropriate conditions and safeguards in conformity with this Zoning Code including, but not limited to, reasonable time limits within which the action for which the variance is required shall be begun or completed, or both. In the case of after-the-fact variances, the Planning Commission may COLLIER COUNTY LAND DEVELOPMENT CODE 10.08.00 H.1.10.09.00 A.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC10:176Supp. No. 32 recommend, as a condition of approval, that in the case of the destruction of the encroaching structure, for any reason, to an extent equal to or greater than 50 percent of the actual replacement cost of the structure at the time of its destruction, any reconstruction shall conform to the provisions of this Code in effect at the time of reconstruction. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this Zoning Code. B. Recommendation of denial. If the Planning Commission recommends denial of a variance, it shall state fully in its record its reason for doing so. Such reasons shall take into account the factors stated in section 9.04.03 of this Code, or such of them as may be applicable to the action of denial and the particular regulations relating to the specific variance requested if any. C. Status of Planning Commission report and recommendations. The report and recommendation of the Planning Commission required above shall be advisory only and shall not be binding upon the Board of Zoning Appeals. D. Notice of Board of Zoning Appeals public hearing. Upon completion of the public hearing before the Planning Commission, the petition shall be heard by the Board of Zoning Appeals. Notice of public hearing shall be given at least 15 days in advance of the public hearing before the Board of Zoning Appeals. The owner of the property for which the variance is sought, or his agent or attorney designated by him on his petition, shall be notified by mail. Notice of public hearing shall be advertised in a newspaper of general circulation in the county at least 1 time 15 days prior to the hearing. E. Board of zoning appeals public hearings. The public hearing shall be held by the Board of Zoning Appeals. Any party may appear in person by agent or attorney, or may submit written comments to the Board of Zoning Appeals. F. Board of zoning appeals action. Upon consideration of the Planning Commission's report, findings and recommendations, and upon consideration of the standards and guidelines set forth in section 9.04.03 of this code, the Board of Zoning Appeals shall approve, by resolution, or deny a petition for a variance. G. Conditions and safeguards. In granting any variance, the Board of Zoning Appeals may prescribe appropriate conditions and safeguards in conformity with this Zoning Code, including, but not limited to, reasonable time limits within which action for which the variance is required shall be begun or completed, or both. In the case of after-the-fact variances, the board may stipulate that in the case of destruction of the encroaching structure, for any reason, to an extent equal to or greater than 50 percent of the actual replacement cost of the structure at the time of its destruction, any reconstruction shall conform to the provisions of this Code in effect at the time of reconstruction. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this Zoning Code. H. Limitations on power to grant variances. Under no circumstances shall the Board of Zoning Appeals grant a variance to permit a use not permitted under the terms of this Zoning Code in the zoning district involved, or any use expressly or by implication prohibited, by the terms of these regulations in the said zoning district. I. Variance application processing time. An application for a variance will be considered "open" when the determination of "sufficiency" has been made and the application is assigned a petition processing number. An application for a variance will be considered "closed" when the petitioner withdraws the APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES 10.09.00 A.10.09.00 I.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC10:177Supp. No. 32 subject application through written notice or ceases to supply necessary information to continue processing or otherwise actively pursue the variance, for a period of 6 months. An application deemed "closed" will not receive further processing and shall be withdrawn and an application "closed" through inactivity shall be deemed withdrawn. The planning services department will notify the applicant of closure, however, failure to notify by the county shall not eliminate the "closed" status of a petition. An application deemed "closed" may be re-opened by submitting a new application, repayment of all application fees and granting of a determination of "sufficiency". Further review of the request will be subject to the then current code. 1. Applicability. All applications for a variance whether submitted before or after June 26, 2003, shall comply with the processing time procedures set forth in section I. above. (Ord. No. 05-27, § 3.DDD) COLLIER COUNTY LAND DEVELOPMENT CODE 10.09.00 I. I.1.______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDC10:178Supp. No. 32 Ordinance Number Subject Section Section this Code 3.T 3.05.07 3.U 3.07.02 3.V 4.01.01 3.W 4.02.11 3.X 4.02.14 3.Y 4.02.16 3.Z 4.03.03 3.AA 4.06.04 3.BB 5.05.15 3.CC 6.01.02 3.DD Rpld 9.04.05 3.EE 10.02.04 3.FF 10.02.08 3.GG 10.04.04 3.HH App. C 24-35 Issuance of building permits after board approval of final subdivision plats but before recordation, and renaming optional preliminary subdivision plats to conceptual plat with deviations 3.A 1.08.01 3.B 2.03.01 B.1.b. 3.C 2.03.02 3.D 2.03.07 3.E 2.03.08 A. 3.F 3.05.07 H.1.d. 3.G 4.03.03 3.H 4.06.02 B. 3.I 5.04.04 B.5.f., g. 3.J 6.01.02 3.K 6.05.01 A. 3.L 6.06.01 3.M 10.02.01 A. 3.N 10.02.04 3.O 10.02.14 A. 3.P 10.08.00 I. 25-07 Mobile food dispensing vehicles 3.A 1.08.02 3.B 2.01.03 G.3. 3.C 2.03.03 3.D 2.03.04 3.E 2.03.05 3.F Added 2.03.06 I. 3.G 4.05.05 G. 3.H Added 5.05.16 25-37 Increasing density for affordable housing; providing regulations for Transit Oriented Development 3.A 1.08.01 3.B 1.08.02 3.C 2.06.03 3.D Added 2.07.01, 2.07.02 3.E 4.02.41 3.F 4.02.42 25-38 Allow legal notice of neighborhood information meet- ings by publication on the County Clerk's website or a printed newspaper 3.A 10.03.05 25-50 Increasing the notification area of mailed notices for property zoned rural agricultural (A) 3 10.03.05 B. 25-51 Update procedures and requirements for public hear- ings for land use petitions 3.A 1.08.02 3.B 2.03.07 E.2.q. 3.C 4.02.16 C.13.d. 3.D 4.05.02 K.3.a., b. 3.E 4.08.06 E.1. LAND DEVELOPMENT ORDINANCE DISPOSITION TABLE ______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDODT:95Supp. No. 32 Ordinance Number Subject Section Section this Code 3.F 5.03.06 F. 5.03.06 G.3. 5.03.06 H. 3.G 5.04.08 F. 3.H 6.06.03 D.1. 3.I 8.10.00 3.J 9.02.06 B. 3.K 9.03.02 D. 3.L 9.03.03 B.4., 5. 3.M 9.03.07 D.4., 5. 3.N 9.04.06 B. 9.04.06 G. 3.O 10.02.03 I. 3.P 10.02.04 B. 3.Q 10.02.05 B.2.f. 3.R 10.02.06 K.1. 3.S 10.02.11 3.T 10.02.13 3.U 10.02.15 A.2. 3.V 10.03.06 3.W 10.04.04 3.X 10.08.00 25-55 Implement rural lands stewardship area overlay provisions of the Future Land Use Element of the Collier County Growth Management Plan 3.A 4.08.01 3.B 4.08.04 3.C 4.08.05 3.D 4.08.06 3.E 4.08.07 25-56 Imprelement the Immokalee Area Master Plan Ele- ment 3.A 2.03.07 3.B 2.06.01 3.C 4.02.27 3.D Rpld 4.02.28—4.02.33 3.E 5.03.02 G. 25-59 Increase the floor area ratio for group housing within planned unit developments and cmmercial zoning districts 3 5.05.04 D.1. 25-60 Adopt a reasonable accomodations procedure for certified recovery residences 3 Added 9.05.00 COLLIER COUNTY LAND DEVELOPMENT CODE ______________________________________________________________________________________ ___________________________________________________________________________________________________________ LDODT:96Supp. No. 32 A ACCESS Beaches Annual beach event standard permit conditions, Appendix G. See: BEACHES Site design and development standards Transportation system standards Access management ....................................................................... 4.04.02 AGENCIES. See: DEPARTMENTS AND OTHER AGENCIES OF COUNTY AGRICULTURE Site design and development standards Site design standards Mobile Home Overlay district (MHO)—Special regulations for MHO in Rural Agricultural (A) districts ............................................................................. 4.02.25 Supplemental standards Temporary uses and structures Agricultural uses, interim ................................................................... 5.04.02 Zoning districts and uses Districts, permitted uses, accessory uses, and conditional uses Agricultural districts ......................................................................... 2.03.01 AIRPORTS AND AIRCRAFT Airport zoning—Maps, noise regulations ....................................................... App. D Maps Airport zoning—Maps, noise regulations .................................................... App. D Noise Airport zoning—Maps, noise regulations .................................................... App. D Site design and development standards Site design standards Airport Overlay (APO), standards for development within the ........................... 4.02.06 Supplemental standards Specific uses, supplemental standards for Heliports and Helistops .................................................................... 5.05.13 Private airports ............................................................................. 5.05.06 Zoning Airport zoning—Maps, noise regulations .................................................... App. D ALCOHOLIC BEVERAGES Supplemental standards Specific uses, supplemental standards for Alcoholic beverages, businesses serving ................................................. 5.05.01 ANIMALS Resource protection Endangered, threatened, or listed species, protection of ................................... 3.04.00 Sea turtles, nesting Beaches Annual beach event standard permit conditions, Appendix G. See: BEACHES Site design and development standards Site design standards Animals, standards for keeping ............................................................ 4.02.07 ANTENNAS. See: TOWERS AND ANTENNAS LAND DEVELOPMENT CODE INDEX ___________________________________________________________________________________________________________ Section ___________________________________________________________________________________________________________ LDCi:1Supp. No. 32 APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES Appeals (Reserved) ............................................................................. 10.06.00 Applicability .................................................................................... 10.06.01 Applications, time for .......................................................................... 10.06.03 Final action on appeals ....................................................................... 10.06.04 Judicial review ................................................................................. 10.06.05 Stay of proceedings ........................................................................... 10.06.02 Application requirements ........................................................................ 10.02.00 Amendments to the official zoning atlas, requirements for ................................. 10.02.08 Certificates of public facility adequacy, requirements for ................................... 10.02.07 Construction, approval, and acceptance of required improvements ........................ 10.02.05 Infrastructure standards and county inspections ............................................ 10.02.02 Landscape plans .............................................................................. 10.02.14 Mixed Use Projects within the Bayshore Gateway Triangle Community Redevelopment Area, requirements for ................................................................... 10.02.15 Permits, requirements for ..................................................................... 10.02.06 Planned unit development (PUD) procedures ............................................... 10.02.13 Planning and development Landscape plans ........................................................................... 10.02.14 Planned unit development (PUD) procedures ............................................ 10.02.13 Pre-application conference required ......................................................... 10.02.01 Preliminary and final subdivision plats, requirements for ...................................10.02.04 Site development, site improvement plans and amendments thereof, requirements for .. 10.02.03 Streetlight plans, submittal of ................................................................. 10.02.11 Submittal requirements for non-PUD residential rezones ................................... 10.02.12 Text amendments to the LDC, requirements for ............................................. 10.02.09 Conditional uses procedures .................................................................... 10.08.00 Development orders, amendments to (Reserved) ............................................. 10.05.00 Generally (Reserved) ......................................................................... 10.05.01 Major amendment (Reserved) ............................................................... 10.05.02 Minor amendment (Reserved) ............................................................... 10.05.03 Enforcement ..................................................................................... 10.07.00 Complaints and investigations (Reserved) .................................................. 10.07.02 Notification of violation (Reserved) ........................................................... 10.07.03 Responsibility for enforcement (Reserved) .................................................. 10.07.01 Generally ......................................................................................... 10.01.00 Applicability and exemptions (Reserved) .................................................... 10.01.03 Development orders required ................................................................. 10.01.02 Fees required ................................................................................. 10.01.04 Purpose and intent (Reserved) ............................................................... 10.01.01 Notice requirements ............................................................................. 10.03.00 Generally (Reserved) ......................................................................... 10.03.01 Mailed notice requirements (Reserved) ...................................................... 10.03.03 Public notice and required hearings for land use petitions ................................. 10.03.06 Published notice requirements (Reserved) .................................................. 10.03.04 Required methods of providing public notice ................................................ 10.03.05 Signs, posting, required (Reserved) ......................................................... 10.03.02 Planning and development Application requirements. See herein that subject Review and action on applications for development orders and petitions for amendments to official zoning map, LDC, or GMP. See herein that subject Review and action on applications for development orders and petitions for amendments to official zoning map, LDC, or GMP and for school concurrency determinations ......... 10.04.00 Completeness, determination of ............................................................. 10.04.01 COLLIER COUNTY LAND DEVELOPMENT CODE ______________________________________________________________________________________ Section ___________________________________________________________________________________________________________ LDCi:2Supp. No. 32 APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES (Cont d.) Denial of application (Reserved) ............................................................. 10.04.12 Modifications to pending applications ........................................................ 10.04.08 Public hearings ................................................................................ 10.04.11 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 ............................ 10.04.09 Type I applications, procedures for review and approval of ................................. 10.04.05 Type I review, applications subject to ........................................................ 10.04.02 Type II applications, procedures for review and approval of ................................ 10.04.06 Type II review, applications subject to ....................................................... 10.04.03 Type III applications, procedures for review and approval of ............................... 10.04.07 Type III review, applications subject to ....................................................... 10.04.04 Withdrawal of pending applications (Reserved) ............................................. 10.04.10 Variance procedures ............................................................................ 10.09.00 ARCHITECTURE, ARCHITECTS Supplemental standards Specific uses, supplemental standards for Architectural and site design standards ................................................... 5.05.08 B BEACHES Annual beach event standard permit conditions (Appendix G) (Note—Citations herein refer to sections contained within Appendix G) Annual beach event standard permit conditions (Appendix G) Access, public ................................................................................. 8 Dunes .......................................................................................... 9 Electrical apparatus, use of .................................................................. 3 Noise .......................................................................................... 5 Restrooms ..................................................................................... 6 Safety Traffic safety ................................................................................ 2 Sea turtle nesting season .................................................................... 10 Security ........................................................................................ 1 Signage ........................................................................................ 4 Traffic safety ................................................................................... 2 Vehicles on beach ............................................................................ 7 Supplemental standards Sign regulations and standards by land use classification Permit application and review process for signs .......................................... 5.06.11 Temporary uses and structures Beach events, annual, permit .............................................................. 5.04.07 BEER. See: ALCOHOLIC BEVERAGES BICYCLES Infrastructure improvements and adequate public facilities requirements Transportation system standards Sidewalks, bike lane and pathway requirements ......................................... 6.06.02 Site design and development standards Off-street parking and loading Bicycle parking requirements .............................................................. 4.05.08 LAND DEVELOPMENT CODE INDEX ______________________________________________________________________________________ Section ___________________________________________________________________________________________________________ LDCi:3Supp. No. 32 BOARD OF COUNTY COMMISSIONERS Powers and duties ............................................................................... 8.02.01 BOARDS, COMMISSIONS AND COMMITTEES. See: DEPARTMENTS AND OTHER AGEN- CIES OF COUNTY BOATS, DOCKS AND WATERWAYS Infrastructure improvements and adequate public facilities requirements Water management systems and drainage improvements standards Seawalls and bulkheads ................................................................... 6.05.02 Resource protection Coastal zone management ................................................................... 3.03.00 Floodplain protection Coastal high hazard areas, construction within, specific standards for .................. 3.02.07 Site design and development standards Site design standards Shorelines, design requirements for ....................................................... 4.02.09 Waterfront lots, specific design standards for ............................................. 4.02.05 Supplemental standards Accessory uses and structures Dock facilities ............................................................................... 5.03.06 Specific uses, supplemental standards for Marinas ..................................................................................... 5.05.02 Variations from Code requirements Variances Coastal construction setback line, specific requirements for variance to ................ 9.04.06 BONDS, SURETY OR PERFORMANCE Standard performance security documents for required improvements ...................... App. A BOUNDARIES Interpretation, rules of Boundaries, rules for interpretation of ....................................................... 1.06.02 BRIDGES AND CULVERTS Infrastructure improvements and adequate public facilities requirements Transportation system standards Bridges ...................................................................................... 6.06.04 BUILDINGS AND BUILDING REGULATIONS Resource protection ............................................................................. 3.02.00 et seq. See: RESOURCE PROTECTION Supplemental standards Specific uses, supplemental standards for Architectural and site design standards ................................................... 5.05.08 Temporary uses and structures Construction, temporary uses during ...................................................... 5.04.03 Variations from Code requirements Variances Coastal construction setback line, specific requirements for variance to ................ 9.04.06 BUSINESSES Site design and development standards ....................................................... 4.02.13 et seq. See: SITE DESIGN AND DEVELOPMENT STANDARDS COLLIER COUNTY LAND DEVELOPMENT CODE ______________________________________________________________________________________ Section ___________________________________________________________________________________________________________ LDCi:4Supp. No. 32 BUSINESSES (Cont d.) Supplemental standards Specific uses, supplemental standards for Alcoholic beverages, businesses serving ................................................. 5.05.01 Architectural and site design standards ................................................... 5.05.08 Zoning districts and uses Districts, permitted uses, accessory uses, and conditional uses Commercial zoning districts ................................................................ 2.03.03 C CANOPY TENTS AND SHADES Supplemental standards Accessory uses and structures .............................................................. 5.03.01 CARETAKER RESIDENCES Supplemental standards Accessory uses and structures .............................................................. 5.03.05 CARWASHES Supplemental standards Specific uses, supplemental standards for Carwashes abutting residential zoning districts ........................................... 5.05.11 CERTIFICATES, CERTIFICATIONS Application, review, and decision-making procedures Application requirements Certificates of public facility adequacy, requirements for ................................. 10.02.07 Final subdivision plat, required certifications and suggested text and formats for other required information ........................................................................ App. C CODE ENFORCEMENT BOARD Provisions re ..................................................................................... 8.08.00 CODES Resource protection Groundwater protection Setbacks and buffers from sanitary hazards, effect of, as promulgated and adopted in Florida Administrative Code ........................................................... 3.06.10 Variations from Code requirements ............................................................. 9.01.00 et seq. See: VARIATIONS FROM CODE REQUIREMENTS COMMERCIAL. See: BUSINESSES COMMUNICATIONS Supplemental standards Specific uses, supplemental standards for Wireless communication facilities .......................................................... 5.05.09 COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION Administrator, creation and appointment of .................................................... 8.09.01 Jurisdiction, authority and duties ............................................................... 8.09.02 CULVERTS. See: BRIDGES AND CULVERTS LAND DEVELOPMENT CODE INDEX ______________________________________________________________________________________ Section ___________________________________________________________________________________________________________ LDCi:5Supp. No. 32 D DECISION-MAKING AND ADMINISTRATIVE BODIES. See: DEPARTMENTS AND OTHER AGENCIES OF COUNTY DEPARTMENTS AND OTHER AGENCIES OF COUNTY Board of county commissioners ................................................................ 8.02.00 et seq. Code Enforcement Board ....................................................................... 8.08.00 Community development and environmental services division ............................... 8.09.00 et seq. Generally (Reserved) ............................................................................ 8.01.00 Hearing examiner ................................................................................ 8.10.00 LDC/UDC Comparative Tables. See Appendix H DEVELOPMENT. See: PLANNING AND DEVELOPMENT DISABLED OR HANDICAPPED PERSONS Site design and development standards Off-street parking and loading Handicapped parking requirements ....................................................... 4.05.07 DISTRICTS Site design and development standards ....................................................... 4.01.00 et seq. See: SITE DESIGN AND DEVELOPMENT STANDARDS Zoning districts and uses ....................................................................... 2.01.00 et seq. See: ZONING DISTRICTS AND USES DOCKS. See: BOATS, DOCKS AND WATERWAYS DRAINAGE Infrastructure improvements and adequate public facilities requirements Public facilities, adequate, requirements Drainage facility level of service requirements ............................................ 6.02.04 Water management systems and drainage improvements standards ...................... 6.05.00 DUMPSTERS AND RECYCLING Supplemental standards Accessory uses and structures .............................................................. 5.03.04 DUNES Beaches Annual beach event standard permit conditions, Appendix G. See: BEACHES E EASEMENTS Infrastructure improvements and adequate public facilities requirements Generally ...................................................................................... 6.01.02 ELECTIONS Site design and development standards Planned unit developments, design standards for Polling places, provision of ................................................................. 4.07.06 Zoning districts and uses Generally Polling places ............................................................................... 2.01.04 COLLIER COUNTY LAND DEVELOPMENT CODE ______________________________________________________________________________________ Section ___________________________________________________________________________________________________________ LDCi:6Supp. No. 32 ELECTRICITY Beaches Annual beach event standard permit conditions, Appendix G. See: BEACHES EMPLOYEES. See: OFFICERS AND EMPLOYEES ENCLOSURES. See: FENCES, WALLS, HEDGES AND ENCLOSURES ENVIRONMENTAL SERVICES Community development and environmental services division ............................... 8.09.00 et seq. See: COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION ESSENTIAL SERVICES Zoning districts and uses Generally ...................................................................................... 2.01.03 EXOTIC PLANTS. See: VEGETATION F FARMS Supplemental standards Specific uses, supplemental standards for Farm labor housing ......................................................................... 5.05.03 FENCES, WALLS, HEDGES AND ENCLOSURES Supplemental standards Accessory uses and structures Fences and walls, excluding sound walls ................................................. 5.03.02 FIRE PREVENTION AND PROTECTION Infrastructure improvements and adequate public facilities requirements Potable water systems and improvements standards Fire hydrants ................................................................................ 6.04.03 FLOODS AND FLOODING Resource protection Floodplain protection .......................................................................... 3.02.00 FUEL PUMPS Supplemental standards Specific uses, supplemental standards for Facilities with fuel pumps .................................................................. 5.05.05 G GARBAGE. See: SOLID WASTE GUESTHOUSES Supplemental standards Accessory uses and structures .............................................................. 5.03.03 H HANDICAPPED PERSONS. See: DISABLED OR HANDICAPPED PERSONS LAND DEVELOPMENT CODE INDEX ______________________________________________________________________________________ Section ___________________________________________________________________________________________________________ LDCi:7Supp. No. 32 HAZARDS Resource protection ............................................................................. 3.02.05 et seq. See: RESOURCE PROTECTION HEALTH AND SANITATION Resource protection Groundwater protection Setbacks and buffers from sanitary hazards, effect of, as promulgated and adopted in Florida Administrative Code ........................................................... 3.06.10 HEARINGS Application, review, and decision-making procedures Notice requirements .......................................................................... 10.03.00 Public notice and required hearings for land use petitions ............................... 10.03.06 Review and action on applications for development orders and petitions for amendments to official zoning map, LDC, or GMP Public hearings ............................................................................. 10.04.11 HEDGES. See: FENCES, WALLS, HEDGES AND ENCLOSURES HOME OCCUPATIONS Supplemental standards ........................................................................ 5.02.00 HOUSING Application, review, and decision-making procedures Review and action on applications for development orders and petitions for amendments to official zoning map, LDC, or GMP and for school concurrency determinations .... 10.04.00 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 .......................... 10.04.09 Site design and development standards ....................................................... 4.01.02 et seq. See: SITE DESIGN AND DEVELOPMENT STANDARDS Supplemental standards ........................................................................ 5.03.05 et seq. See: SUPPLEMENTAL STANDARDS Zoning districts and uses Districts, permitted uses, accessory uses, and conditional uses Residential zoning districts ................................................................. 2.03.02 Mixed-income housing program for housing that is affordable ............................. 2.07.00 HURRICANE SHELTERS Site design and development standards Site design standards ......................................................................... 4.02.00 Hurricane shelters within mobile home rental parks, design standards for .............. 4.02.11 I IMPACT FEES LDC/UDC Comparative Tables. See Appendix H IMPROVEMENTS. See: PUBLIC WORKS AND IMPROVEMENTS INFRASTRUCTURE IMPROVEMENTS AND ADEQUATE PUBLIC FACILITIES REQUIRE- MENTS Generally ......................................................................................... 6.01.00 Easements .................................................................................... 6.01.02 Exotic plants, removal of, required ........................................................... 6.01.04 COLLIER COUNTY LAND DEVELOPMENT CODE ______________________________________________________________________________________ Section ___________________________________________________________________________________________________________ LDCi:8Supp. No. 32 INFRASTRUCTURE IMPROVEMENTS AND ADEQUATE PUBLIC FACILITIES REQUIRE- MENTS (Cont d.) Soil erosion and sediment control ............................................................ 6.01.05 Soils ........................................................................................... 6.01.03 Utilities required to be installed underground ................................................ 6.01.01 Potable water systems and improvements standards ......................................... 6.04.00 Central water system requirements .......................................................... 6.04.01 Fire hydrants .................................................................................. 6.04.03 Individual water system requirements ........................................................ 6.04.02 Public facilities, adequate, requirements ....................................................... 6.02.00 Drainage facility level of service requirements .............................................. 6.02.04 Generally ...................................................................................... 6.02.01 Management and monitoring program ....................................................... 6.02.02 Park and recreation facility level of service requirements .................................. 6.02.05 Potable water facility level of service requirements ......................................... 6.02.06 Public school facilities level of service (LOS) requirements ................................ 6.02.09 Sanitary sewer-wastewater treatment facility level of service requirements ............... 6.02.07 Solid waste facility level of service requirements ............................................ 6.02.08 Transportation level of service requirements ................................................ 6.02.03 Sewers. See herein: Water and Sewers Transportation system standards ............................................................... 6.06.00 Bridges ........................................................................................ 6.06.04 Clear sight distance ........................................................................... 6.06.05 Sidewalks, bike lane and pathway requirements ............................................ 6.06.02 Street system requirements .................................................................. 6.06.01 Streetlights .................................................................................... 6.06.03 Wastewater systems and improvements standards ............................................ 6.03.00 Central sewage system requirements ........................................................ 6.03.01 Individual sewage system requirements ..................................................... 6.03.02 Water and sewers Potable water systems and improvements standards ....................................... 6.04.00 Public facilities, adequate, requirements Potable water facility level of service requirements ....................................... 6.02.06 Sanitary sewer-wastewater treatment facility level of service requirements ............. 6.02.07 Wastewater systems and improvements standards ......................................... 6.03.00 Water management systems and drainage improvements standards ...................... 6.05.00 Water management systems and drainage improvements standards ........................ 6.05.00 Seawalls and bulkheads ...................................................................... 6.05.02 Stormwater Plans for Single-Family Dwelling Units, Two-Family Dwelling Units, and Duplexes .................................................................................. 6.05.03 Water management requirements ............................................................ 6.05.01 INTOXICATING BEVERAGES, INTOXICATION. See: ALCOHOLIC BEVERAGES L LAND DEVELOPMENT CODE Applicability ...................................................................................... 1.04.00 Exceptions ..................................................................................... 1.04.03 Generally ...................................................................................... 1.04.01 Growth management plan, relationship to ................................................... 1.04.05 Time limits, previously established ........................................................... 1.04.02 Authority ......................................................................................... 1.02.00 Construction, rules of ........................................................................... 1.03.00 Authority, delegation of ....................................................................... 1.03.04 LAND DEVELOPMENT CODE INDEX ______________________________________________________________________________________ Section ___________________________________________________________________________________________________________ LDCi:9Supp. No. 32 LAND DEVELOPMENT CODE (Cont d.) Generally ...................................................................................... 1.03.01 Meaning of text and graphics ................................................................ 1.03.02 Time, determination of ........................................................................ 1.03.03 Definitions ........................................................................................ 1.08.00 Abbreviations .................................................................................. 1.08.01 Provisions re ................................................................................... 1.08.02 Findings, purpose, and intent ................................................................... 1.05.00 Purpose and intent ............................................................................ 1.05.01 Interpretation, rules of ........................................................................... 1.06.00 Boundaries, rules for interpretation of ....................................................... 1.06.02 Interpretations not covered by § 1.06.02 ..................................................... 1.06.03 Responsibility for interpretations ............................................................. 1.06.01 Zoning, continuity of .......................................................................... 1.06.04 Laws adopted by reference ..................................................................... 1.07.00 Title ............................................................................................... 1.01.00 LANDSCAPING. See: VEGETATION LDC/UDC COMPARATIVE TABLES (Appendix H) (Note—Citations herein refer to articles contained within Appendix H) Decision-making and administrative bodies .................................................... 5 Definitions ........................................................................................ 6 Development requirements ..................................................................... 3 General provisions .............................................................................. 1 Impact fees ...................................................................................... 4 Zoning ............................................................................................ 2 LEGAL DOCUMENTS Standard performance security documents for required improvements ...................... App. A LICENSES AND PERMITS Application, review, and decision-making procedures Application requirements Permits, requirements for .................................................................. 10.02.06 Beaches Annual beach event standard permit conditions, Appendix G. See: BEACHES Supplemental standards Temporary uses and structures Beach events, annual, permit .............................................................. 5.04.07 LIGHTING, LIGHTS Application, review, and decision-making procedures Application requirements Streetlight plans, submittal of .............................................................. 10.02.11 Infrastructure improvements and adequate public facilities requirements Transportation system standards Streetlights .................................................................................. 6.06.03 Site design and development standards Site design standards Outside lighting requirements .............................................................. 4.02.08 LIQUOR. See: ALCOHOLIC BEVERAGES COLLIER COUNTY LAND DEVELOPMENT CODE ______________________________________________________________________________________ Section ___________________________________________________________________________________________________________ LDCi:10Supp. No. 32 LOADING AND UNLOADING Site design and development standards Off-street parking and loading ................................................................ 4.05.00 LOTS Site design and development standards ....................................................... 4.02.05 et seq. See: SITE DESIGN AND DEVELOPMENT STANDARDS M MANUFACTURED HOMES AND MANUFACTURED HOME PARKS Resource protection Floodplain protection Mobile homes and recreational vehicles, regulations for ................................. 3.02.09 Site design and development standards ....................................................... 4.02.10 et seq. See: SITE DESIGN AND DEVELOPMENT STANDARDS Supplemental standards Specific uses, supplemental standards for Travel trailer and recreational vehicle park design standards ............................ 5.05.10 MAPS. See: SURVEYS, MAPS AND PLATS MARINAS Supplemental standards Specific uses, supplemental standards for .................................................. 5.05.02 MEASURES. See: WEIGHTS AND MEASURES MOBILE HOMES. See: MANUFACTURED HOMES AND MANUFACTURED HOME PARKS MODEL HOMES Supplemental standards Temporary uses and structures Model homes and model sales centers ................................................... 5.04.04 MOTOR VEHICLES. See: TRAFFIC AND VEHICLES N NOISE Airport zoning—Maps, noise regulations ....................................................... App. D Beaches Annual beach event standard permit conditions, Appendix G. See: BEACHES NOTICES, NOTIFICATION Application, review, and decision-making procedures Notice requirements .......................................................................... 10.03.00 O OFFICERS AND EMPLOYEES Board of county commissioners ................................................................ 8.02.00 et seq. See: BOARD OF COUNTY COMMISSIONERS Code Enforcement Board ....................................................................... 8.08.00 Community development and environmental services division ............................... 8.09.00 et seq. See: COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION LAND DEVELOPMENT CODE INDEX ______________________________________________________________________________________ Section ___________________________________________________________________________________________________________ LDCi:11Supp. No. 32 OPEN SPACES. See: YARDS AND OPEN SPACES ORDINANCES, RESOLUTIONS, ETC. List of Collier County PUD ordinances—April 2024 ........................................... App. F P PARKING. See: TRAFFIC AND VEHICLES PARKS AND RECREATION Infrastructure improvements and adequate public facilities requirements Public facilities, adequate, requirements Park and recreation facility level of service requirements ................................6.02.05 Resource protection Floodplain protection Mobile homes and recreational vehicles, regulations for ................................. 3.02.09 Site design and development standards Site design standards Recreation areas within mobile home rental parks, design standards for ............... 4.02.10 Supplemental standards Specific uses, supplemental standards for Travel trailer and recreational vehicle park design standards ............................ 5.05.10 PERFORMANCE BONDS. See: BONDS, SURETY OR PERFORMANCE PERMITS. See: LICENSES AND PERMITS PETITIONS Application, review, and decision-making procedures Review and action on applications for development orders and petitions for amendments to official zoning map, LDC, or GMP and for school concurrency determinations .... 10.04.00 PLANNING AND DEVELOPMENT Application, review, and decision-making procedures .........................................10.02.03 et seq. See: APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES Community development and environmental services division ............................... 8.09.00 et seq. See: COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION LDC/UDC Comparative Tables. See Appendix H Sign regulations and standards by land use classification .................................... 5.06.01 et seq. See: SUPPLEMENTAL STANDARDS Zoning districts and uses Districts, permitted uses, accessory uses, and conditional uses Planned unit development districts ........................................................ 2.03.06 PLANTS. See: VEGETATION PLATS. See: SURVEYS, MAPS AND PLATS POTABLE WATER. See: WATER AND SEWERS PUBLIC PLACES. See: STREETS, SIDEWALKS AND OTHER PUBLIC PLACES PUBLIC UTILITY ANCILLARY SYSTEMS IN COLLIER COUNTY Supplemental standards Specific uses, supplemental standards for .................................................. 5.05.12 COLLIER COUNTY LAND DEVELOPMENT CODE ______________________________________________________________________________________ Section ___________________________________________________________________________________________________________ LDCi:12Supp. No. 32 PUBLIC WORKS AND IMPROVEMENTS Application, review, and decision-making procedures Application requirements Construction, approval, and acceptance of required improvements ..................... 10.02.05 Infrastructure improvements and adequate public facilities requirements .................... 6.01.00 et seq. See: INFRASTRUCTURE IMPROVEMENTS AND ADEQUATE PUBLIC FACILITIES REQUIREMENTS Site design and development standards Subdivision design and layout Facility and service improvement requirements .......................................... 4.03.08 Standard performance security documents for required improvements ...................... App. A PUD ORDINANCES List of Collier County PUD ordinances—April 2024 ........................................... App. F R RECREATION. See: PARKS AND RECREATION RENTAL Site design and development standards Site design standards Recreation areas within mobile home rental parks, design standards for ............... 4.02.10 RESEARCH AND TECHNOLOGY PARKS Site design and development standards Planned unit developments, design standards for Research and technology park planned unit developments, special requirements for . 4.07.05 RESIDENCES, RESIDENTIAL. See: HOUSING RESOLUTIONS. See: ORDINANCES, RESOLUTIONS, ETC. RESOURCE PROTECTION Buildings and building regulations Coastal zone management ................................................................... 3.03.00 Floodplain protection .......................................................................... 3.02.00 Groundwater protection ....................................................................... 3.06.00 Coastal zone management ..................................................................... 3.03.00 Applicability .................................................................................... 3.03.02 Location of structures, development, or site alterations, priority for ........................ 3.03.03 Native vegetation retention on coastal barriers .............................................. 3.03.06 Procedures .................................................................................... 3.03.04 Purpose ........................................................................................ 3.03.01 Sea level rise .................................................................................. 3.03.05 Undeveloped coastal barriers ................................................................ 3.03.07 Endangered, threatened, or listed species, protection of ...................................... 3.04.00 Generally ...................................................................................... 3.04.01 Penalties for violation: resort to other remedies ............................................. 3.04.04 Requirements for protected plants ........................................................... 3.04.03 Species specific requirements ................................................................ 3.04.02 Environmental data requirements ............................................................... 3.08.00 Generally (Reserved) ............................................................................ 3.01.00 Groundwater protection ......................................................................... 3.06.00 Countywide standards ........................................................................ 3.06.13 Exempted development ....................................................................... 3.06.11 LAND DEVELOPMENT CODE INDEX ______________________________________________________________________________________ Section ___________________________________________________________________________________________________________ LDCi:13Supp. No. 32 RESOURCE PROTECTION (Cont d.) Protected public water supply wellfields ..................................................... 3.06.02 Protection of future wellfields ................................................................. 3.06.09 Provisions re ................................................................................... 3.06.04 Purpose and intent ............................................................................ 3.06.01 Regulated development ....................................................................... 3.06.12 Regulated wellfields ........................................................................... 3.06.06 Review, annual, of zones ..................................................................... 3.06.05 Setbacks and buffers from sanitary hazards, effect of, as promulgated and adopted in Florida Administrative Code ............................................................. 3.06.10 Wellfield risk management special treatment overlay zones, description and basis of ... 3.06.03 Wellfield risk management zones, determination of location within ........................ 3.06.08 Zoning Review, annual, of zones .................................................................. 3.06.05 Wellfield risk management special treatment overlay zones, description and basis of . 3.06.03 Wellfield risk management zones, determination of location within ..................... 3.06.08 Hazards Floodplain protection Coastal high hazard areas, construction within, specific standards for .................. 3.02.07 Special flood hazard, areas of, basis for establishing .................................... 3.02.05 Groundwater protection Setbacks and buffers from sanitary hazards, effect of, as promulgated and adopted in Florida Administrative Code ........................................................... 3.06.10 Interim watershed management regulations Applicability .................................................................................... 3.07.01 Interim watershed regulations ................................................................ 3.07.02 Mobile homes and recreational vehicles, regulations for ......................................3.02.09 Vegetation Coastal zone management Native vegetation retention on coastal barriers ........................................... 3.03.06 Endangered, threatened, or listed species, protection of ................................... 3.04.00 Removal, protection, and preservation ....................................................... 3.05.00 Vegetation removal, protection, and preservation .............................................. 3.05.00 Exemptions from requirements for vegetation protection and preservation ................ 3.05.02 Generally ...................................................................................... 3.05.01 Littoral shelf planting area (LSPA) ............................................................ 3.05.10 Management plan required ................................................................... 3.05.06 Preservation standards ....................................................................... 3.05.07 Procedure for a vegetation removal permit .................................................. 3.05.03 Prohibited exotic vegetation, requirement for removal of .................................... 3.05.08 Removal and protection standards ........................................................... 3.05.04 Removal of protected vegetation, criteria for ................................................ 3.05.05 Specimen tree, designation of ................................................................ 3.05.09 Zoning Coastal zone management ................................................................... 3.03.00 Groundwater protection. See herein that subject RESTROOMS Beaches Annual beach event standard permit conditions, Appendix G. See: BEACHES RIGHTS-OF-WAY. See: STREETS, SIDEWALKS AND OTHER PUBLIC PLACES COLLIER COUNTY LAND DEVELOPMENT CODE ______________________________________________________________________________________ Section ___________________________________________________________________________________________________________ LDCi:14Supp. No. 32 S SAFETY Beaches Annual beach event standard permit conditions, Appendix G. See: BEACHES SALES Supplemental standards Temporary uses and structures Model homes and model sales centers ................................................... 5.04.04 SANITATION. See: HEALTH AND SANITATION SEA TURTLES. See: ANIMALS SEWERS. See: WATER AND SEWERS SHOPPING CENTERS Site design and development standards Site design standards Shopping centers, specific standards for .................................................. 4.02.34 SHORELINES Site design and development standards Site design standards Shorelines, design requirements for ....................................................... 4.02.09 SHRUBBERY. See: VEGETATION SIDEWALKS. See: STREETS, SIDEWALKS AND OTHER PUBLIC PLACES SIGNS Beaches Annual beach event standard permit conditions, Appendix G. See: BEACHES Supplemental standards ........................................................................ 5.06.00 Temporary uses and structures Temporary signs ............................................................................ 5.04.06 SITE DESIGN AND DEVELOPMENT STANDARDS Businesses Planned unit developments, design standards for Mixed use planned unit developments containing commercial component, special requirements for ....................................................................... 4.07.04 Site design standards. See herein that subject Generally ......................................................................................... 4.01.00 Elevation requirements for all developments ................................................ 4.01.01 Kitchens in dwelling units and guesthouses ................................................. 4.01.02 Housing Generally Kitchens in dwelling units and guesthouses .............................................. 4.01.02 Off-street parking and loading Residential uses in mixed use urban residential land use, specific parking requirements for ...................................................................................... 4.05.03 Site design standards Cluster residential design, standards for .................................................. 4.02.04 LAND DEVELOPMENT CODE INDEX ______________________________________________________________________________________ Section ___________________________________________________________________________________________________________ LDCi:15Supp. No. 32 SITE DESIGN AND DEVELOPMENT STANDARDS (Cont d.) Housing that is affordable within mixed use activity centers and interchange activity centers of the growth management plan ............................................. 4.02.41 Landscaping, buffering, and vegetation retention .............................................. 4.06.00 Buffer requirements ........................................................................... 4.06.02 Generally ...................................................................................... 4.06.01 Landscaping requirements, general .......................................................... 4.06.05 Trees and vegetation protection .............................................................. 4.06.04 TTRVC zoning district, special buffer requirements for ..................................... 4.06.06 Vehicular use areas and rights-of-way, landscaping requirements for ..................... 4.06.03 Lots Site design standards Waterfront lots, specific design standards for ............................................. 4.02.05 Subdivision design and layout ................................................................ 4.03.00 Golden Gate Estates lot divisions ......................................................... 4.03.06 Lot line adjustment and lot split ........................................................... 4.03.04 Manufactured homes and manufactured home parks Site design standards. See herein that subject Motor vehicles. See herein: Traffic and Vehicles Off-street parking and loading .................................................................. 4.05.00 Bicycle parking requirements ................................................................. 4.05.08 Design standards ............................................................................. 4.05.02 Generally ...................................................................................... 4.05.01 Handicapped parking requirements .......................................................... 4.05.07 Loading space requirements ................................................................. 4.05.06 P district, parking variation in ................................................................ 4.05.05 Parking space requirements .................................................................. 4.05.04 Residential uses in mixed use urban residential land use, specific parking requirements for ......................................................................................... 4.05.03 Stacking lane requirements .................................................................. 4.05.09 Planned unit developments, design standards for ............................................. 4.07.00 Design requirements .......................................................................... 4.07.02 Industrial planned unit developments, special requirements for ............................ 4.07.03 Mixed use planned unit developments containing commercial component, special requirements for .......................................................................... 4.07.04 Polling places, provision of ................................................................... 4.07.06 Research and technology park planned unit developments, special requirements for .... 4.07.05 Unified control ................................................................................. 4.07.01 Residences, residential. See herein: Housing Rural lands stewardship area zoning overlay district standards and procedures ............ 4.08.00 Baseline standards ............................................................................ 4.08.05 Definitions, specific, applicable to RLSA district ............................................. 4.08.01 District, establishment of ..................................................................... 4.08.02 Land uses allowed in district, establishment of ............................................. 4.08.03 SRA designation .............................................................................. 4.08.07 SSA designation .............................................................................. 4.08.06 Stewardship credits, implementation of ...................................................... 4.08.04 Site design standards ........................................................................... 4.02.00 Accessory buildings and structures, specific standards for location of ..................... 4.02.03 ACSC-ST district, design standards for development in ....................................4.02.14 Airport Overlay (APO), standards for development within the .............................. 4.02.06 Alternative design for housing that is affordable ............................................ 4.02.39 Animals, standards for keeping .............................................................. 4.02.07 COLLIER COUNTY LAND DEVELOPMENT CODE ______________________________________________________________________________________ Section ___________________________________________________________________________________________________________ LDCi:16Supp. No. 32 SITE DESIGN AND DEVELOPMENT STANDARDS (Cont d.) Bayshore Gateway Triangle Community Redevelopment Area, design standards for development in ........................................................................... 4.02.16 BP district, design standards for development in ............................................ 4.02.13 Businesses BP district, design standards for development in ......................................... 4.02.13 SBCO district, design standards for development in .....................................4.02.15 Cluster residential design, standards for ..................................................... 4.02.04 Collier Boulevard/Interstate 75 Innovation Zone Overlay (CBIIZO) ......................... 4.02.23 Commercial. See within this subheading: Businesses Conditional uses and accessory uses in base zoning districts, dimensional standards for 4.02.02 Corridor Management Overlay district (CMO)—Special regulations for properties abutting Golden Gate Parkway west of Santa Barbara Boulevard and Goodlette-Frank Road south of Pine Ridge Road ............................................................... 4.02.24 Golden Gate Parkway Overlay District (GGPOD), design standards for ................... 4.02.26 GZO district, design standards for ........................................................... 4.02.22 Housing that is affordable within mixed use activity centers and interchange activity centers of the growth management plan ............................................... 4.02.41 Hurricane shelters within mobile home rental parks, design standards for ................ 4.02.11 Immokalee Urban Area Overlay District (IUAOD), Architectural and Site Design Standards for ......................................................................................... 4.02.27 Manufactured homes and manufactured home parks Hurricane shelters within mobile home rental parks, design standards for .............. 4.02.11 Mobile Home Overlay district (MHO)—Special regulations for MHO in Rural Agricultural (A) districts ............................................................................. 4.02.25 Recreation areas within mobile home rental parks, design standards for ............... 4.02.10 Mobile Home Overlay district (MHO)—Special regulations for MHO in Rural Agricultural (A) districts ............................................................................... 4.02.25 Outdoor storage, design standards for ....................................................... 4.02.12 Outside lighting requirements ................................................................ 4.02.08 Principle uses in base zoning districts, dimensional standards for ......................... 4.02.01 Recreation areas within mobile home rental parks, design standards for ................. 4.02.10 Residences, residential. See within this subheading: Housing SBCO district, design standards for development in ........................................ 4.02.15 Shopping centers, specific standards for .................................................... 4.02.34 Shorelines, design requirements for ......................................................... 4.02.09 Specific Design Criteria for Mixed Use Development within C-1 through C-3 Zoning Districts ................................................................................... 4.02.38 Transit oriented development ................................................................. 4.02.42 Waterfront lots, specific design standards for ............................................... 4.02.05 Subdivision design and layout .................................................................. 4.03.00 Applicability .................................................................................... 4.03.02 Design requirements .......................................................................... 4.03.05 Facility and service improvement requirements ............................................. 4.03.08 Generally ...................................................................................... 4.03.01 Golden Gate Estates lot divisions ............................................................ 4.03.06 Lot line adjustment and lot split .............................................................. 4.03.04 Monuments .................................................................................... 4.03.07 Subdivision exemptions ....................................................................... 4.03.03 Traffic and vehicles Landscaping, buffering, and vegetation retention Vehicular use areas and rights-of-way, landscaping requirements for ................... 4.06.03 Off-street parking and loading ................................................................ 4.05.00 Transportation system standards ............................................................. 4.04.00 LAND DEVELOPMENT CODE INDEX ______________________________________________________________________________________ Section ___________________________________________________________________________________________________________ LDCi:17Supp. No. 32 SITE DESIGN AND DEVELOPMENT STANDARDS (Cont d.) Transportation system standards ............................................................... 4.04.00 Access management ......................................................................... 4.04.02 Generally ...................................................................................... 4.04.01 Vehicles. See herein: Traffic and Vehicles SOIL Infrastructure improvements and adequate public facilities requirements Generally ...................................................................................... 6.01.03 SOLID WASTE Infrastructure improvements and adequate public facilities requirements Public facilities, adequate, requirements Solid waste facility level of service requirements ......................................... 6.02.08 Supplemental standards Accessory uses and structures Dumpsters and recycling ................................................................... 5.03.04 STORAGE Site design and development standards Site design standards Outdoor storage, design standards for .................................................... 4.02.12 STREETS, SIDEWALKS AND OTHER PUBLIC PLACES Application, review, and decision-making procedures Application requirements Streetlight plans, submittal of .............................................................. 10.02.11 Infrastructure improvements and adequate public facilities requirements Transportation system standards ............................................................. 6.06.00 Sidewalks, bike lane and pathway requirements ......................................... 6.06.02 Typical street sections and right-of-way design standards ....................................App. B SUBDIVISIONS Application, review, and decision-making procedures Review and action on applications for development orders and petitions for amendments to official zoning map, LDC, or GMP and for school concurrency determinations .... 10.04.00 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 .......................... 10.04.09 Final subdivision plat, required certifications and suggested text and formats for other required information ........................................................................ App. C Resource protection Floodplain protection Subdivision plats, standards for ........................................................... 3.02.10 Site design and development standards Subdivision design and layout ................................................................ 4.03.00 SUPPLEMENTAL STANDARDS Accessory uses and structures ................................................................. 5.03.00 Canopy tents and shades .................................................................... 5.03.01 Caretaker residences ......................................................................... 5.03.05 Dock facilities .................................................................................. 5.03.06 Dumpsters and recycling ..................................................................... 5.03.04 Fences and walls, excluding sound walls .................................................... 5.03.02 Guesthouses .................................................................................. 5.03.03 COLLIER COUNTY LAND DEVELOPMENT CODE ______________________________________________________________________________________ Section ___________________________________________________________________________________________________________ LDCi:18Supp. No. 32 SUPPLEMENTAL STANDARDS (Cont d.) Permanent emergency generators ........................................................... 5.03.07 Generally ......................................................................................... 5.01.00 Home occupations ............................................................................... 5.02.00 Allowable home occupation uses ............................................................ 5.02.02 Applicability .................................................................................... 5.02.01 Standards ..................................................................................... 5.02.03 Housing Accessory uses and structures Caretaker residences ....................................................................... 5.03.05 Specific uses, supplemental standards for. See herein that subject Temporary uses and structures Model homes and model sales centers ................................................... 5.04.04 Sign regulations and standards by land use classification Development standards for signs for institutional uses .....................................5.06.03 Development standards for signs in nonresidential districts ................................ 5.06.04 Development standards for signs within residential districts ................................ 5.06.02 Enforcement ................................................................................... 5.06.07 Exemptions from these regulations .......................................................... 5.06.05 Generally ...................................................................................... 5.06.01 Nonconforming signs ......................................................................... 5.06.09 Permit application and review process for signs ............................................ 5.06.11 Prohibited signs ............................................................................... 5.06.06 Removal of prohibited or abandoned signs .................................................. 5.06.10 Sign variances ................................................................................ 5.06.08 Specific uses, supplemental standards for ..................................................... 5.05.00 Alcoholic beverages, businesses serving .................................................... 5.05.01 Architectural and site design standards ...................................................... 5.05.08 Carwashes abutting residential zoning districts ............................................. 5.05.11 Conversion of Golf Courses .................................................................. 5.05.15 Facilities with fuel pumps ..................................................................... 5.05.05 Farm labor housing ........................................................................... 5.05.03 Group housing ................................................................................ 5.05.04 Heliports and Helistops ....................................................................... 5.05.13 Housing Carwashes abutting residential zoning districts ........................................... 5.05.11 Farm labor housing ......................................................................... 5.05.03 Group housing .............................................................................. 5.05.04 Townhouse development ................................................................... 5.05.07 Marinas ........................................................................................ 5.05.02 Private airports ................................................................................ 5.05.06 Public Schools ................................................................................ 5.05.14 Specific Standards for Public Utility Ancillary Systems in Collier County .................. 5.05.12 Townhouse development ..................................................................... 5.05.07 Traffic and vehicles Carwashes abutting residential zoning districts ........................................... 5.05.11 Facilities with fuel pumps .................................................................. 5.05.05 Marinas ..................................................................................... 5.05.02 Private airports ............................................................................. 5.05.06 Travel trailer and recreational vehicle park design standards ............................ 5.05.10 Wireless communication facilities ............................................................ 5.05.09 Temporary uses and structures ................................................................. 5.04.00 Agricultural uses, interim ..................................................................... 5.04.02 Beach events, annual, permit ................................................................ 5.04.07 LAND DEVELOPMENT CODE INDEX ______________________________________________________________________________________ Section ___________________________________________________________________________________________________________ LDCi:19Supp. No. 32 SUPPLEMENTAL STANDARDS (Cont d.) Construction, temporary uses during ........................................................ 5.04.03 Events, temporary ............................................................................. 5.04.05 Film permit .................................................................................... 5.04.08 Model homes and model sales centers ...................................................... 5.04.04 Temporary signs .............................................................................. 5.04.06 Temporary use permits ....................................................................... 5.04.01 Traffic and vehicles Specific uses, supplemental standards for. See herein that subject SURETY BONDS. See: BONDS, SURETY OR PERFORMANCE SURVEYS, MAPS AND PLATS Airport zoning—maps, noise regulations ....................................................... App. D Application, review, and decision-making procedures Application requirements Preliminary and final subdivision plats, requirements for ................................. 10.02.04 Site development, site improvement plans and amendments thereof, requirements for 10.02.03 Review and action on applications for development orders and petitions for amendments to official zoning map, LDC, or GMP and for school concurrency determinations .... 10.04.00 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 .......................... 10.04.09 Final subdivision plat, required certifications and suggested text and formats for other required information ........................................................................ App. C Resource protection Floodplain protection Subdivision plats, standards for ........................................................... 3.02.10 Zoning districts and uses Districts, establishment of Official zoning atlas, establishment of ..................................................... 2.02.01 T TELECOMMUNICATIONS Supplemental standards Specific uses, supplemental standards for Wireless communication facilities .......................................................... 5.05.09 TOWERS AND ANTENNAS Supplemental standards Specific uses, supplemental standards for Wireless communication facilities .......................................................... 5.05.09 TRAFFIC AND VEHICLES Beaches Annual beach event standard permit conditions, Appendix G. See: BEACHES Infrastructure improvements and adequate public facilities requirements Public facilities, adequate, requirements Transportation level of service requirements .............................................. 6.02.03 Transportation system standards ............................................................. 6.06.00 Resource protection Floodplain protection Mobile homes and recreational vehicles, regulations for ................................. 3.02.09 COLLIER COUNTY LAND DEVELOPMENT CODE ______________________________________________________________________________________ Section ___________________________________________________________________________________________________________ LDCi:20Supp. No. 32 TRAFFIC AND VEHICLES (Cont d.) Site design and development standards ....................................................... 4.04.00 et seq. See: SITE DESIGN AND DEVELOPMENT STANDARDS Supplemental standards ........................................................................ 5.05.02 et seq. See: SUPPLEMENTAL STANDARDS TRAILERS AND TRAILER PARKS. See: MANUFACTURED HOMES AND MANUFACTURED HOME PARKS TRANSPORTATION Infrastructure improvements and adequate public facilities requirements Public facilities, adequate, requirements Transportation level of service requirements .............................................. 6.02.03 Transportation system standards ............................................................. 6.06.00 Site design and development standards Transportation system standards ............................................................. 4.04.00 TRASH. See: SOLID WASTE TREES. See: VEGETATION TURTLES. See: ANIMALS U UTILITIES Infrastructure improvements and adequate public facilities requirements Generally Utilities required to be installed underground ............................................. 6.01.01 Supplemental standards Specific uses, supplemental standards for .................................................. 5.05.00 Specific standards for public utility ancillary systems in Collier County ................. 5.05.12 V VARIANCES Supplemental standards Sign regulations and standards by land use classification Sign variances .............................................................................. 5.06.08 Variations from Code requirements ............................................................. 9.04.00 et seq. See: VARIATIONS FROM CODE REQUIREMENTS VARIATIONS FROM CODE REQUIREMENTS Generally ......................................................................................... 9.01.00 Nonconformities ................................................................................. 9.03.00 Continuation of nonconformities, requirements for .......................................... 9.03.02 Created or increased by public acquisition .................................................. 9.03.07 Generally ...................................................................................... 9.03.01 Types of nonconformities ..................................................................... 9.03.03 Reasonable accommodation for certified recovery residences ............................... 9.05.00 Variances ........................................................................................ 9.04.00 Coastal construction setback line, specific requirements for variance to .................. 9.04.06 Criteria for variances .......................................................................... 9.04.03 Generally ...................................................................................... 9.04.01 Specific requirements for minor after-the-fact encroachment ............................... 9.04.04 Types of variances authorized ............................................................... 9.04.02 LAND DEVELOPMENT CODE INDEX ______________________________________________________________________________________ Section ___________________________________________________________________________________________________________ LDCi:21Supp. No. 32 VARIATIONS FROM CODE REQUIREMENTS (Cont d.) Vested rights and takings determinations ...................................................... 9.02.00 Appeal of hearing officer's vested rights determination ..................................... 9.02.08 Applications for vested rights determinations ................................................ 9.02.01 Criteria for vested rights determinations ..................................................... 9.02.05 Determination of completeness .............................................................. 9.02.02 Expiration of vested rights determinations ................................................... 9.02.09 Hearing officer review and vested rights determination ..................................... 9.02.04 Issuance of a vested rights determination by hearing officer ............................... 9.02.07 Process for review and remedy of taking claims ............................................ 9.02.10 Required notices for vested rights determination process, including public hearings ..... 9.02.06 Review of application by County Manager and County Attorney; determination or recommendation ......................................................................... 9.02.03 VEGETATION Application, review, and decision-making procedures Application requirements Landscape plans ........................................................................... 10.02.14 Infrastructure improvements and adequate public facilities requirements Generally Exotic plants, removal of, required ......................................................... 6.01.04 Resource protection ............................................................................. 3.03.06 et seq. See: RESOURCE PROTECTION Site design and development standards Landscaping, buffering, and vegetation retention ........................................... 4.06.00 VEHICLES. See: TRAFFIC AND VEHICLES W WALLS. See: FENCES, WALLS, HEDGES AND ENCLOSURES WATER AND SEWERS Infrastructure improvements and adequate public facilities requirements .................... 6.02.06 et seq. See: INFRASTRUCTURE IMPROVEMENTS AND ADEQUATE PUBLIC FACILITIES REQUIREMENTS Resource protection Groundwater protection ....................................................................... 3.06.00 WATERWAYS. See: BOATS, DOCKS AND WATERWAYS WEIGHTS AND MEASURES Site design and development standards Generally Elevation requirements for all developments .............................................. 4.01.01 WELLFIELD PROTECTION Resource protection Groundwater protection ....................................................................... 3.06.00 WINE. See: ALCOHOLIC BEVERAGES Y YARDS AND OPEN SPACES Zoning districts and uses COLLIER COUNTY LAND DEVELOPMENT CODE ______________________________________________________________________________________ Section ___________________________________________________________________________________________________________ LDCi:22Supp. No. 32 YARDS AND OPEN SPACES (Cont d.) Districts, permitted uses, accessory uses, and conditional uses Open space zoning districts ............................................................... 2.03.09 Z ZONING Airport zoning—Maps, noise regulations ....................................................... App. D Districts and uses ............................................................................... 2.01.00 et seq. See: ZONING DISTRICTS AND USES Interpretation, rules of Zoning, continuity of .......................................................................... 1.06.04 LDC/UDC Comparative Tables. See Appendix H Resource protection ............................................................................. 3.03.00 et seq. See: RESOURCE PROTECTION Site design and development standards ....................................................... 4.01.00 et seq. See: SITE DESIGN AND DEVELOPMENT STANDARDS ZONING DISTRICTS AND USES Affordable housing density bonus .............................................................. 2.06.00 Affordable housing density bonus monitoring program ..................................... 2.06.05 Generally ...................................................................................... 2.06.01 Limitations on affordable housing density bonus ............................................ 2.06.04 Purpose and intent ............................................................................ 2.06.02 Rating system ................................................................................. 2.06.03 Violations and enforcement .................................................................. 2.06.06 Density standards ............................................................................... 2.05.00 Density blending .............................................................................. 2.05.02 Density standards and housing types ....................................................... 2.05.01 Districts, establishment of ....................................................................... 2.02.00 Continuation of provisional uses ............................................................. 2.02.04 Nomenclature, district ......................................................................... 2.02.02 Official zoning atlas, establishment of ....................................................... 2.02.01 Prohibited uses ................................................................................ 2.02.03 Districts, permitted uses, accessory uses, and conditional uses Agricultural districts ........................................................................... 2.03.01 Civic and institutional zoning districts ........................................................ 2.03.05 Commercial zoning districts .................................................................. 2.03.03 Industrial zoning districts ..................................................................... 2.03.04 Open space zoning districts .................................................................. 2.03.09 Overlay zoning districts ....................................................................... 2.03.07 Planned unit development districts ........................................................... 2.03.06 Residential zoning districts ................................................................... 2.03.02 Rural fringe zoning districts .................................................................. 2.03.08 Generally ......................................................................................... 2.01.00 Essential services ............................................................................. 2.01.03 Miscellaneous structures ..................................................................... 2.01.02 Polling places ................................................................................. 2.01.04 Purpose ........................................................................................ 2.01.01 Housing Affordable housing density bonus ............................................................ 2.06.00 Density standards Density standards and housing types ..................................................... 2.05.01 Districts, permitted uses, accessory uses, and conditional uses Residential zoning districts ................................................................. 2.03.02 LAND DEVELOPMENT CODE INDEX ______________________________________________________________________________________ Section ___________________________________________________________________________________________________________ LDCi:23Supp. No. 32 ZONING DISTRICTS AND USES (Cont d.) Mixed-income housing program for housing that is affordable ............................. 2.07.00 Mixed-income housing program for housing that is affordable ................................ 2.07.00 Program criteria ............................................................................... 2.07.02 Purpose and intent ............................................................................ 2.07.01 Sign regulations and standards by land use classification .................................... 5.06.00 COLLIER COUNTY LAND DEVELOPMENT CODE ______________________________________________________________________________________ Section ___________________________________________________________________________________________________________ LDCi:24Supp. No. 32