1.06.01 - Responsibility for Interpretations

A.

The County Manager or designee shall have the authority to make all interpretations of the text of this LDC, the boundaries of zoning districts on the official zoning atlas, and to make all interpretations of the text of the GMP and the boundaries of land use districts on the future land use map.

B.

The County Manager or designee shall have the authority to make all interpretations of the text of this LDC on matters related to the Building Code, building permit requirements, building construction administrative code or building permits.

C.

During the course of review of a development order or permit, as the case may be, should an applicant and staff be unable to concur on the application of a specific provision or provisions of this LDC, the County Manager or designee shall be authorized to make a final determination. The procedures for issuance of a determination are provided in Chapter 10.

1.06.02 - Rules for Interpretation of Boundaries

Interpretations regarding boundaries of land use districts on the future land use map or boundaries of zoning districts on the official zoning atlas shall be made in accordance with the provisions of this section.

A.

District regulations extend to all portions of districts surrounded by boundaries. Except as otherwise specifically provided, a district symbol or name shown within district boundaries on the future land use map or the official zoning atlas indicates that district regulations pertaining to the district extend throughout the whole area surrounded by the boundary line.

B.

Where uncertainty exists as to the boundaries of land use districts as shown on the future land use map or boundaries of zoning districts as shown on the official zoning atlas, the following rules shall apply:

1.

Boundaries indicated as approximately following the centerlines of dedicated streets, highways, alleys, or rights-of-way shall be construed as following such centerline as they exist on the ground, except where variation of actual location from mapped location would change the zoning status of a lot or parcel, in which case the boundary shall be interpreted in such a manner as to avoid changing the zoning status of any lot or parcel. In case of a street vacation, the boundary shall be construed as remaining in its location except where ownership of the vacated street is divided other than at the center, in which case the boundary shall be construed as moving with the ownership.

2.

Boundaries indicated as approximately following lot lines, public property lines, and the like shall be construed as following such lines; provided, however, that where such boundaries are adjacent to a dedicated street, alley, highway, or right-of-way and the zoning status of the street, highway, alley, or right-of-way and is not indicated, the boundaries shall be construed as running to the middle of the street, highway, alley, or right-of-way. In the event of street vacation, interpretation shall be as provided in section 1.06.02(B)(1).

3.

Boundaries indicated as approximately following city or county limits shall be construed as following such city or county limits.

4.

Boundaries indicated as following railroad tracks shall be construed as being midway between the main tracks.

5.

Boundaries indicated as following mean high-water lines or centerlines of streams, canals, lakes, or other bodies of water shall be construed as following such mean high-water lines or centerlines. In case of a change in the mean high-water line, or of the course or extent of bodies of water, the boundaries shall be construed as moving with the change, except where such moving would change the zoning status of a lot or parcel; and in such case the boundary shall be interpreted in such a manner as to avoid changing the zoning status of any lot or parcel.

6.

Boundaries indicated as entering any body of water but not continuing to intersect with other zoning boundaries or with the limits of jurisdiction of Collier County shall be construed as extending in the direction in which they enter the body of water to intersection with other zoning boundaries or with the limits of County jurisdiction.

7.

Boundaries indicated as following physical features other than those listed above shall be construed as following such physical features, except where variation of actual location from mapped location would change the zoning status of a lot or parcel, and in such manner as to avoid changing the zoning status of any lot or parcel.

8.

Boundaries indicated as parallel to or extensions of features indicated in sections 1.06.02(B)(1) through 1.06.02(B)(7) shall be construed as being parallel to or extensions of such feature.

9.

Distances not specifically indicated on the official zoning atlas shall be determined by the scale of the map on the page of the atlas showing the property in question.

10.

Where a district boundary divides a lot of record at the time the boundary was established, and where the division makes impractical the reasonable use of the lot, the extension of the regulations for the front lot may be permitted as a conditional use for not to exceed 50 feet beyond the district line into the remaining portion of the lot.

1.06.03 - Interpretations Not Covered by § 1.06.02

In cases not covered by section 1.06.02, or where the property or street layout existing on the ground is at variance with that shown on the official zoning atlas, the interpretation of the future land use map or the official zoning atlas shall be in accordance with the purpose and intent of the GMP and this LDC.

1.06.04 - Continuity of Zoning

In the event any unincorporated territory within Collier County shall hereafter become incorporated, any and all zoning regulations which may be in effect in such territory and administered by the County shall remain in full force and effect and shall continue to be administered and enforced by the County under this LDC until such time as municipal zoning within such territory shall be adopted and take effect.