1.08.01 - Abbreviations

(Ord. No. 04-72, § 3.A; Ord. No. 05-27, § 3.A; Ord. No. 06-08, § 3.A; Ord. No. 06-63, § 3.A; Ord. No. 07-67, § 3.A; Ord. No. 10-23, § 3.A)

1.08.02 - Definitions

Abut or abutting: To share a common property line or boundary at any one point.

Accent lighting: Strands or tubes of lighting that outline a structure, or to maintain a common architectural theme to attract attention to any business, service, or other related functions.

Access: The means or place of ingress and egress, by pedestrian or vehicle, to a lot or parcel.

Access waterways: A waterway which is developed or constructed in conjunction with the division of real property for the purpose of providing access by water to lots within a subdivision. (See Chapters 4 and 10).

Accessory parking zone (APZ): Residentially zoned lots that are permitted for off-street parking or water retention and management areas. APZ lots must be adjacent to the Neighborhood Commercial, Waterfront and Mixed Use subdistricts and have a common lot line and be under same ownership or legal control (lease, easement, etc.).

Accessory unit: An accessory unit is a separate structure related to the primary residence for uses which include, but are not limited to: library studio, workshop, playroom, or guesthouse.

Accessory use or structure: A use or structure located on the same lot or parcel and incidental and subordinate to the principal use or structure.

Adjacent (applicable to School Board Review issues only): Lying near or adjoining [see also Abutting property or adjacent property].

Adjacent: To share a common property line or boundary, or to be separated by a public right-of-way, easement, or water body.

Adult day care center: A facility that provides temporary care on a daily basis for adults, whether for compensation or not, and without overnight accommodations.

Adverse Impacts: Impacts generated by land alteration or land use, whether permanent or temporary, which, as a result of an environment or hydrological impact analyses, are likely to or have been shown to have a negative impact on any of the following: listed species and their habitat; natural reservations and other areas of protected native vegetation; wetlands; surface or groundwater; natural waterbodies; air quality, and historic or archeological resources identified by Collier County or the State of Florida.

Aeronautics: Means transportation by aircraft; the operation, construction, repair, or maintenance of aircraft, aircraft power plants and accessories, including the repair, packing, and maintenance of parachutes; the design, establishment, construction, extension, operation, improvement, repair, or maintenance of airports, restricted landing areas, or other air navigation facilities, and air instruction.

Agricultural products: Those goods primarily resulting from farming activities. Such agricultural products require little or no processing after the production or harvest stage in order to ready the product for sale, including, but not limited to, produce, fruits, trees, shrubs, ornamental plants, honey, and nuts.

Airport: Any area of land or water designed and set aside for the landing and taking off of aircraft. The term may include facilities for refueling, repair, handling, and storage of aircraft or facilities for passengers and freight.

Airport hazard: Any structure or tree or use of land which would exceed the federal obstruction standards as contained in 14 C.F.R. §§ 77.21, 77.23, 77.25, 77.28, and 77.29, and which obstructs the airspace required for the flight of aircraft in taking off, maneuvering, or landing, or is otherwise hazardous to such taking off, maneuvering, or landing of aircraft.

Alley: A public or approved private way which affords only a secondary means of access to abutting properties and which is not intended for general traffic circulation. See Figure 1.

Alter: Any change to one or more external features or dimensions of a building or structure; any change to supporting members or bearing walls of a building or structure; any change to lot area or dimensions; and any moving of a building or structure. Any change to the shape, area, or dimensions of required landscaped areas, designated open spaces, parking lots and vehicle use areas, or accessory uses or structures.

Anchor tenant: The tenant of a multiple-occupancy commercial structure, which generally occupies a larger square footage than the majority of commercial tenants. Anchor tenants tend to be those tenants, within a multi-use structure, with whom the center may be identified, or which may generate higher volumes of traffic. A multi-occupancy structure may have 1 or more anchor tenants.

Ancillary facility: A building or other facility necessary to provide district-wide support services, such as an energy plant, bus garage, warehouse, maintenance building, and/or administrative building.

Ancillary plant: The building, site and site improvements necessary to provide such facilities as vehicle maintenance, warehouses, maintenance, or administrative buildings necessary to provide support services to an educational program which may lawfully be used as authorized by the Florida Statutes and approved by the Collier County School Board.

Antenna structure: A base, stand, or other method of stabilizing an antenna, but the primary purpose is other than raising the height of an antenna.

Applicant: The owner of record of property, or his authorized agent, making an application or other submission to Collier County for approval of development.

Aquaculture: The cultivation of marine or aquatic species (fresh or salt water) under either natural or artificial conditions.

Aquifer: A geologic formation, group of formations, or part of a formation that contains sufficient saturated permeable material to yield useful quantities of groundwater to wells and springs.

Area of environmental sensitivity: An area where environmental quality may be highly susceptible to degradation and where alteration may cause predictable losses of natural resources.

Area of special flood hazard: The area/land in the flood plain within a community subject to a one percent or greater chance of flooding in any given year. These areas are designated on the Flood Insurance Rate Map.

Arterial road or street: A roadway providing service which is relatively continuous and of relatively high traffic volume, long trip length, and high operating speed. In addition, every United States numbered highway is an arterial road. See Figure 1.

Assisted living facility: Any building(s), section of a building, distinct part of a building, residence, private home, boarding home, or other place, whether operated for profit or not, which undertakes through its ownership or management to provide for a period exceeding 24 hours, housing, food service, and 1 or more personal services for 4 or more adults, not related to the owner or administrator by blood or marriage, who require such services and to provide limited nursing services, when specifically licensed to do so pursuant to § 400.407, F.S. A facility offering personal services or limited nursing services for fewer than 4 adults is within the meaning of this definition if it formally or informally advertises to or solicits the public for residents or referrals and holds itself out to the public to be an establishment that regularly provides such services.

Authorized agent: Any person authorized in writing by the owner of record to act on the behalf of the owner of record of a particular parcel of land.

Automobile service station: any commercial or industrial facility wherein the retail sale of gasoline is conducted. Where the sale of gasoline is provided only as a "secondary function," such as a retail establishment (i.e. - grocery store or warehouse) that provides gasoline for its customers/members as an incidental service, the structures and site related to the fuel facility will be considered an automobile service station.

Auxiliary facility: The spaces located at educational plants which are not designed for student occupation stations.

Average daily trips: A weighted average of the number of vehicle trips or trip ends per unit of independent variable (e.g. trip ends per occupied dwelling unit or employee) using a site's driveway(s). The weighted average rate is calculated by summing all trips or trip ends and all independent trip variable units where paired data are available, and then dividing the sum of the trip ends by the sum of the independent variable units.

Awning: Temporary canvas or other material covering extending from and attached to the facade of a building, without ground supports.

Base flood elevation: A flood elevation having a one percent chance of being equaled or exceeded in any given year.

Beach: The zone of unconsolidated material that extends landward from the mean low water line to the place where there is marked change in material or physiographic form, or to the line of permanent vegetation, usually the effective limit of storm waves.

Berm: A mound of earth to provide screening or buffering between uses.

Best Management Practices: Schedule of activity, maintenance procedures, pre-emptive site control measures and other management techniques intended to reduce the discharge of pollutants to waters of the United States.

Bike lane: A portion of a roadway which has been designed, constructed, and designated by signing and pavement markings in accordance with the most current "Florida Bicycle Facilities Design Standards and Guidelines" requirements.

Block: A parcel or parcels of land bounded by public streets (other than alleys), public land, a water body, or physical barrier. Also, the land fronting a street between intersecting streets. See Figure 2.

Boat lift canopy: A covering that is applied to a boat lift over a legally permitted dock.

Boatel: A facility offering transient lodging accommodations normally on a daily rate for boat travelers. These accommodations include wet boat slips, where guests may or may not sleep on their boat.

Boathouse: A building or structure used for the storage of boats, watercraft, or equipment that is accessory to boats or watercraft.

Bonus credit: A unit representing the right to increase the density or intensity of development within a Rural Village to an extent equal to that achieved through TDR Credits, up to the minimum required density. [sec. 2.03.08 A.2.b.(3)(b)]

Breakaway wall: A wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces without causing damage to the elevated portion of the building or the supporting foundations system.

Buffer (also, landscape buffer): Land or a combination of land and vegetation for the separation of 1 use from another and the alleviation of adverse effects of 1 use to another.

Building: Any structure having a roof supported by columns or walls designed or built for the support, enclosure, shelter, or protection of persons, animal, chattel, or property of any kind.

Building, actual height of: The vertical distance from the average centerline elevation of the adjacent roadways to the highest structure or appurtenances without the exclusions of section 4.02.01.

Building, zoned height of: The vertical distance from the first finished floor to the highest point of the roof surface of a flat or Bermuda roof, to the deck line of a mansard roof and to the mean height level between eaves and ridge of gable, hip, and gambrel roofs. Where minimum floor elevations have been established by law or permit requirements, the building height shall be measured from such required minimum floor elevations. (See section 4.02.01, Exclusions from height limits, and off-street parking within a building.) Required minimum floor elevations shall be in conformance with the Collier County Administrative Construction Code (see County adopted FBC Section 104.2.1.2. Additional Requirements, 8., as set forth in Code of Laws § 22-26) and, if necessary, FDEP requirements for minimum habitable first-floor structural support. Rooftop recreational space and accessory facilities are also exempted from the limitations established for measuring the height of buildings. See Figure 3.

Bulkhead: A retainer wall or structure designed to prevent erosion of land by water action.

Bulkhead line: A fixed line established in or along the Gulf of Mexico, a river, watercourse, or other body of water, in order to fix and establish the distance from the shoreline within which filling may be permitted and bulkheads constructed.

Cabana: An accessory structure providing shelter for recreational use with or without toilet facilities, not to be used for living quarters.

Camping cabin: A wooden structure designed as a detached, temporary living unit for recreation or vacation purposes.

Care unit: A residential treatment facility, whether or not for compensation, where persons under care receive food, lodging and some form of on-site therapeutic care on a daily basis. Care may involve psychiatric, psychological, medical, and physiological therapies, behavior modification, and other such services. This type of facility shall contain 15 or more persons under care, plus resident supervisors as required by the FAC, and shall permit all of the list of uses as permitted by group care facilities (category I and category II), (i.e., assisted living facilities; foster care facilities; facilities for: aged persons, developmentally disabled persons (as defined in the FAC), physically disabled or handicapped persons (as defined in the FAC); crisis and attention care; displaced adult care; homeless shelters; mental and emotional health care; offender halfway houses; spouse abuse care; substance abuse care; and youth shelters).

Child care center: An establishment which provides, whether for compensation or not, temporary care, protection, guidance, and supervision of a child, on a daily or other regular basis, excluding overnight accommodations. This definition includes such terms as day nurseries, day care service, day care agency, nursery school, or play school. The term does not include summer camps or family day care homes.

Church: A building or group of buildings and/or structures providing a place of assembly for worship, ceremonies, or rituals pertaining to a particular system of beliefs.

Civic and institutional buildings: Structures developed for and/or used by established organizations or foundations dedicated to public service or cultural activities including, but not limited to, the arts, education, government and religion.

Cluster: Concentrating or grouping buildings more closely than in conventional arrangements, locating such buildings on a limited portion of a development site, in order to allow for open space or preservation of natural features.

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.

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 7½ 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.

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.

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.

Construction sign: A sign erected at a building site that displays the name of the project and identifies the owner, architect, engineer, general contractor, financial institutions or other firms involved with the design or construction of the project.

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 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 man-made, including but not limited to: (i) direct access to the Gulf of Mexico, (ii) on-site golf course and golf-related facilities, (iii) health spa and/or fitness center, (iv) other recreational amenities and on-site services, including full dining services and cocktail lounge, entertainment rooms for video and movies, and concierge services. Except that, for destination resort hotels fronting on the Gulf of Mexico, an on-site golf course is not required. In all cases, a destination resort hotel must include full dining services and a cocktail lounge, and not less than 25 percent of the gross floor area must be devoted to common usage and support service areas, such as but not limited to fitness room, health spa, media room, meeting rooms, dining and lounge facilities, and spaces in support of hotel functions.

Development: The carrying out of any building activity or mining operation, the making of any material change in the use or appearance of any structure or land, or the dividing of land into 3 or more parcels. The following activities or uses shall be taken for the purposes of this Code to involve "development":

a.

A reconstruction, alteration of the size, or material change in the external appearance of a structure on land.

b.

A change in the intensity of use of land, such as an increase in the number of dwelling units in a structure or on land or a material increase in the number of businesses, manufacturing establishments, offices, or dwelling units in a structure or on land.

c.

Alteration of a shore or bank of a seacoast, river, stream, lake, pond, or canal, including any "coastal construction" as defined in § 161.021, F.S.

d.

Commencement of drilling, except to obtain soil samples, mining, or excavation on a parcel of land.

e.

Demolition of a structure.

f.

Clearing of land as an adjunct of construction.

g.

Deposit of refuse, solid or liquid waste, or fill on a parcel of land.

Development agreement: An agreement regarding the development of property that complies with the requirements of the Florida Local Government Development Agreement Act, §§ 163.3220—163.3243, F.S.

Development order: Any order, permit, determination, or action granting, denying, or granting with conditions an application for any final local development order, building permit, temporary use permit, temporary construction and development permit, sign permit, well permit, spot survey, electrical permit, plumbing permit, occupational license, boat dock permit, HVAC permit, septic tank permit, right-of-way permit, blasting permit, excavation permit, construction approval for infrastructure (including water, sewer, grading, and paving), approved development of regional impact (DRI), zoning ordinance amendment, comprehensive plan amendment, flood variance, coastal construction control line variance, vegetation removal permits, agricultural clearing permits, site development plan approval, subdivision approval (including plats, plans, variances, and amendments), rezoning, PUD amendment, conditional use (provisional use), variance, stewardship receiving area (SRA), or any other official action of Collier County having the effect of permitting development as defined in this Code.

Development plan: A graphic representation along with supportive information and data depicting the intended development.

Diameter at breast height: The diameter of the trunk, limb, or stem material measured at the point or points of the tree located 4½ feet from where the tree emerges from the substrate. In the case of multi-trunked trees, the DBH is measured by the sum of diameters of each trunk at the point or points located 4½ feet from where the tree emerges from the substrate. See Figure 4.

Dock: Any structure constructed in or over a waterway for the primary purpose of mooring a boat or other watercraft.

Dock facility: Includes walkways, piers, boathouses and pilings associated with the dock.

Drainage facilities (also called stormwater management facilities): Man-made structures designed to collect, convey, hold, divert, or discharge stormwater, and includes stormwater sewers, canals, detention structures, and retention structures.

Driveway: A vehicle access provided between a street and a parking space, parking lot, garage, or other parking area. See Figure 1.

Dune: A mound or ridge of loose sediments, usually sand-sized sediments, lying landward of the beach and extending inland to the landward toe of the dune, which intercepts the 100-year storm surge.

Duplex: A freestanding building, which contains only 2 dwelling units.

Dwelling (also called dwelling unit): Any building, or part thereof, constituting a separate, independent housekeeping establishment for no more than 1 family, and physically separated from any other rooms or housekeeping establishments which may be in the same structure. A dwelling unit contains sleeping facilities, sanitary facilities, and a kitchen.

Dwelling, multi-family: A group of 3 or more dwelling units within a single building.

For purposes of determining whether a lot is for multi-family dwelling use, the following characteristics shall be considered:

a.

Multiple-family dwelling uses may involve dwelling units intended to be rented and maintained under central ownership and management, or cooperative apartments, or condominiums, and the like and may include the fee ownership of land beneath each dwelling unit following development from a common base of ownership.

For purposes of differentiating between multi-family residential dwelling units and other similar or related uses, and for density calculations purposes, the following shall apply:

a.

Any multiple-family dwelling in which dwelling units are available for rental for periods of less than one week shall be considered a tourist home, a motel, motor hotel, or hotel, as the case may be, and shall only be permitted in districts where specifically designated.

b.

Timeshare estate facilities shall be considered as intended primarily for transient occupancy and shall only be permitted in districts where specifically designated.

c.

Guesthouses and employee quarters shall not be considered as dwelling units in the computation of density.

Dwelling, single-family or one-family: A building that contains only 1 dwelling unit.

Dwelling, two-family: A single, freestanding, conventional building intended, designed, used and occupied as two dwelling units attached by a common wall or roof, but wherein each unit is located on a separate lot under separate ownership.

Easement: An interest in land owned by another that entitles its holder to a specific limited use or enjoyment.

Educational facilities: The buildings and equipment, structures, and special educational use areas that are built, installed, or established to serve primarily the educational purposes and secondarily the social and recreational purposes of the community and which may lawfully be used as authorized by the Florida Statutes and approved by the Collier County School Board.

Educational plant: The educational facilities, site and site improvements necessary to accommodate students, faculty, administrators, staff, and the activities of the educational program of each plant.

Environmental quality: The character or degree of excellence or degradation in the total essential natural resources of the area as measured by the findings and standards of the physical, natural, and social sciences, the arts and technology, and the quantitative guidelines of federal, state, and county governments.

Environmental Impact Statement (EIS): A document or documents that provide an objective evaluation of the impacts of a proposed development or other alteration of the existing natural conditions on the natural resources, environmental quality, and listed species.

Essential services: Those services and facilities, including utilities, safety services, and other government services, necessary to promote and protect public health, safety and welfare, including but not limited to the following: police; fire, emergency medical, public park and public library facilities; and all services designed and operated to provide water, sewer, gas, telephone, electricity, cable television or communications to the general public by providers that have been approved and authorized according to laws having appropriate jurisdiction, and governmental facilities.

Exploration, oil and gas: Activities and facilities involved in the search for and subsequent production testing and field delineation of discovered petroleum and natural gas resources as defined by or used in the context of Florida Statutes and Administrative Code, which may include geophysical exploration activities and surveys, construction of temporary access roads and pads, exploratory drilling and the in-field separation and removal of test production. (See Oil extraction and related processing)

Facade: That portion of any exterior elevation of a building extending from finished grade to the top of the parapet wall or eaves, extending the entire width of the building elevation, and exposed to public view.

Family care facility: A residential facility designed to be occupied by not more than 6 persons under care, plus supervisors as required by subsection 10A-5.019, FAC, and constituting a single dwelling unit (i.e., adult congregate living facility for: aged persons; developmentally disabled persons; physically disabled or handicapped persons; mentally ill persons; and persons recovering from alcohol and/or drug abuse. Foster care facilities are also included, but not the uses listed under group care facility (category II). This use shall be applicable to single-family dwelling units and mobile homes.

Family day care home: Shall have the meaning provided in the Florida Statutes.

Final local development order: Any valid, unexpired building permit issued by the county. As to the provisions in Sections 6.02.00 and 10.02.07, respectively, pertaining to COA's and adequate public facilities only, a final local development order is a final subdivision plat, a final approved site development plan, or building permit or mobile home tie-down permit issued by the county.

Fire station: The building(s) and site of a government establishment primarily engaged in firefighting, used to house fire trucks and other emergency vehicles, firefighting equipment and apparatus, firefighters, and support/administrative staff.

Fire station services, ancillary: Fire protection activities imperative to carry out the purposes of a government establishment primarily engaged in firefighting, such as fire training camps, but which is not required to be located at a fire station for that fire station to serve its function. However, services designed to repair any firefighting equipment is not an ancillary fire station service.

Flood: A general and temporary condition of partial or complete inundation of normally dry land area from the overflow of inland or tidal waters or the unusual and rapid accumulation or runoff of surface waters from any source.

Flood elevation determination: A determination by the County Manager or designee of the water surface elevations of the base flood, that is, the flood level that has a one percent or greater chance of occurrence in any given year.

Flood insurance rate map (FIRM): An official map of Collier County, Florida, on which the County Manager or designee has delineated both the special hazard areas and the risk premium zone applicable to the community.

Flood insurance study (FIS): The official report provided in which the Federal Emergency Management Agency (FEMA) has provided flood profiles, as well as the Flood Insurance Rate Maps and the water surface elevation of the base flood.

Flood plain: Area inundated during a 100-year flood event or identified by the National Flood Insurance Program as an A Zone or V Zone on Flood Insurance Rate Maps or Flood Hazard Boundary Maps.

Flood prone area: Any land area susceptible to being inundated by water from any source (see definition of "flood").

Floodway: The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.

Floor area: The sum of the gross horizontal areas of the several floors of a building measured from the exterior faces of the exterior walls or from the centerline of common walls separating 2 buildings, excluding attic areas with a headroom of less than 7 feet, enclosed or unenclosed stairs or fire escapes, elevator structures, cooling towers, areas devoted to air conditioning, ventilating or heating or other building machinery and equipment, parking structures, and crawl space where the ceiling is not more than an average of 48 inches above the general finished grade level of the adjacent portion of the lot, except as may be otherwise indicated in relation to particular districts and uses.

Floor area ratio (FAR): A means of measurement of the intensity of building development on the site. A floor area ratio is the relationship between the gross floor area on a site and the gross land area. The FAR is calculated by adding together the gross floor areas of all buildings on the site and dividing that figure by the gross land area. See Figure 5. The gross floor area of a building clearly designed for a parking facility shall not be included in the floor area ratio calculation.

Florida Inventory of School Houses (FISH) - Permanent Capacity: The report of the permanent capacity of existing public school facilities. The FISH capacity is the number of students that may be housed in a facility (school) at any given time based on a percentage of the total number of existing student stations and a designated size for each program.

Flowway: A natural or manmade swath of land, varying in width and length, providing for the conveyance of water, primarily sheet flow, during seasonally wet periods, generally from north to south, and providing beneficial wildlife habitat and aquifer recharge.

Frontage: The side of a lot or parcel abutting a street. Where a lot abuts 2 or more streets, frontage is defined as the side of a lot where the main building entrance is located. See Figure 2.

Front yard build-to-line: The line to which a building facade must be built, not a minimum distance.

Grade: A reference plane representing the average of finished ground level adjoining the building at all exterior walls. When the finished ground level slopes away from the exterior walls, the reference plane shall be established by the lowest points within the area between the building and the lot line or between the building and a point 6 ft. (1829 mm) from the building, whichever is closer to the building.

Greenbelt: A required buffer and open space area surrounding a Rural Village. [§ 2.03.08 (A)(2)(b)(6)]

Ground sign: A sign, 8 ft. in height or lower which is independent of support from any building, that is mounted on freestanding poles or other supports, and shall include a pole cover that is between 50 percent and 100 percent of the overall sign width.

Group care facility: A type of facility, which provides a living environment for 7 to 14 persons under care who operate as the functional equivalent of a family, including such supervision and care by supportive staff as may be necessary to meet the physical, emotional, and social needs of the residents.

a.

Category I: A group care facility designed to accommodate 7 to 14 persons under care, plus resident supervisors as required by Florida Administrative Code (i.e., adult congregate living facilities for aged persons; developmentally disabled persons (as defined in Florida Statutes; physically disabled or handicapped persons, as defined in Florida Statutes; mentally ill persons (as defined in Florida Statutes; and persons recovering from alcohol and/or drug abuse. Foster care facilities are also included.

b.

Category II: A group care facility designed to accommodate 7 to 14 persons under care, plus resident supervisors as required by Florida Administrative Code. This type of facility offers a higher level of personal and therapeutic care than a category I facility (i.e., crisis and attention care, displaced adult care, homeless shelters, mental and emotional health care, offender halfway houses, spouse abuse care, substance abuse care, and youth shelters).

Group housing: Housing structures designed to meet the special needs (such as housing, health, and socialization) of certain segments of the population, such as youth, the elderly, or the developmentally disabled. Group housing refers to the following types of structures: family care facilities, group care facilities (category I and category II), care units, and nursing homes.

Group housing unit: A room or rooms connected together, constituting a separate, independent housekeeping establishment and physically separated from any other rooms or group housing units, which may be in the same structure, with or without complete kitchen facilities, and containing sleeping facilities and sanitary facilities. A group housing unit is applicable to the following types of structures: family care facilities, group care facilities (category I and category II), care units, nursing homes, and assisted living and continuing care facilities.

Guest house or cottage: An accessory dwelling structure which is attached to or detached from, a principal dwelling located on the same residential parcel and which an accessory dwelling serves as an ancillary use providing living quarters for the occupants of the principal dwelling, their temporary guests or their domestic employees and which may contain kitchen facilities. Guesthouses or cottages are not permitted in development that is receiving an AHDB. (See section[s] 5.03.03 and 2.05.02)

Guest quarters/guest suites: An attached or detached room or suite, which could be used as a temporary sleeping accommodation, which is integrated as part of the principal use of the property and may contain running water as long as it is not configured or of a size that may accommodate a kitchen.

Hazardous product or waste: Solid waste or a combination of solid wastes, which, because of its quantity, concentration, or physical, chemical, or infectious characteristics, may cause, or significantly contribute to, an increase in mortality or an increase in serious irreversible or incapacitating reversible illness or may pose a substantial present or potential hazard to human health or the environment when improperly transported, disposed of, stored, treated or otherwise managed.

Holiday decoration: An ornate embellishment placed specifically for the purpose of celebrating a specific holiday, holiday event or holiday season.

Hospital: A building or group of buildings having facilities for overnight care of 1 or more human patients, providing medical, surgical, and skilled nursing services to inpatients; services include primary and/or urgent care treatment for injuries, disease, illness, or traumas; may include incidental and subordinate facilities, such as laboratories, outpatient services, training facilities, central service facilities, or staff facilities.

Hotel (also motel): A building or group of buildings offering transient lodging accommodations normally on a daily rate to the general public, with or without accessory uses, such as restaurants, meeting rooms, or recreational facilities.

House pad: The fill placed on the original ground of a lot upon which a house with an attached garage is built; as differentiated from yard, driveway, detached garage or drain field fill pads.

Housing, affordable workforce: means residential dwelling units with a monthly rent or monthly mortgage payment, including property taxes and insurance, not in excess of 1/12 of 30 percent of an amount which represents a range of median adjusted gross annual income (median income) for households as published annually by the U.S. Department of Housing and Urban Development within the Naples Metropolitan Statistical Area (MSA) (See section 2.05.02), specifically including the following subsets:

Owner occupied workforce housing: 50 percent or less of median income, otherwise considered to be "very-low income".

Owner occupied workforce housing: 51 percent—60 percent of median income, otherwise considered to be "low income".

Owner occupied workforce housing: 61 percent—80 percent of median income, otherwise considered to be "low income".

Owner occupied workforce housing: 81 percent—100 percent of median income, otherwise considered to be "moderate income".

Owner occupied gap housing: 81 percent—150 percent of median income.

Rental workforce housing less than 50 percent of median income, otherwise considered to be "very-low income".

Rental workforce housing from 51 percent—60 percent of median income, otherwise considered to be "low income".

The term affordable housing is specifically intended to include affordable workforce housing.

Housing, gap: means residential dwelling units with a monthly rent or monthly mortgage payment, including property taxes and insurance, not in excess of 1/12 of 30 percent of an amount which represents a range of median adjusted gross annual income (median income) for households as published annually by the U.S. Department of Housing and Urban Development within the Naples Metropolitan Statistical Area (MSA) (See section 2.05.02), specifically including the following subset:

The term "gap housing: 81 percent—150 percent of median income" is specifically intended to include similar categories, such as "Essential Personnel Housing", "Professional Housing", and "Reasonably Priced Housing". Gap housing is intended to provide housing for households falling above the federal and state assistance guidelines, but still unable to afford market priced homes.

Impervious (also impervious surface or impervious area): Any material that prevents or impedes the percolation or absorption of water into the ground. See Figure 6.

Infiltration trench: An excavated trench, nominally two to three feet in width and depth lined with a class "C" geotextile fabric, or better, and backfilled with clean stone aggregate.

Integrated phased development: A development plan which has established the following development criteria pursuant to section 10.02.04:

a.

Identification of the initial subdivision phase and the balance of the proposed additional phases;

b.

Established density and intensity of the overall development and each individual proposed phase;

c.

Delineation of environmentally sensitive areas and provisions for their preservation or mitigation;

d.

Delineation of the extent of external buffering for the overall integrated development;

e.

Assurance of the provisions of adequate access and extension of infrastructure for the initial phase and to subsequent phases; and

f.

Assurance for the provision of adequate public facilities and services based upon the established density and intensity of the overall development in accordance with applicable Collier County ordinances. (See Chapter 10)

Kenneling: An establishment licensed to operate a facility housing dogs, cats, or other household pets or the keeping of more than 3 dogs, 6 months or older, on premises used for residential purposes, or the keeping of more than 2 dogs on property used for industrial or commercial security purposes.

Kitchen, primary: A room in a principal dwelling which is used, designed and intended for the preparation and cooking of food, often where meals are also eaten.

Kitchen, secondary: A kitchen, accessory in function to the primary kitchen, located within and only accessible through the principal dwelling unit.

Landowner: Any owner of a legal or equitable interest in real property, and includes the heirs, successors and assigns of such ownership interests, including developer's holding development rights susceptible to claims of vested rights or takings.

Level of service: An indicator of the extent or degree of service provided by, or proposed to be provided by, a facility based on and related to the operational characteristics of the facility. Level of service shall indicate the capacity per unit of demand for each public facility.

Loading space: An area for the temporary parking of a commercial vehicle for pick-up or delivery, loading or unloading of merchandise or goods.

Locational criteria: The land use categories established in the Growth Management Plan's Future Land Use Element and Map, Golden Gate Area Master Plan and Immokalee Area Master Plan.

Lot: A single area or parcel of land established by plat or by metes and bounds.

Lot, corner: A lot located at the intersection of two or more streets. A lot abutting a curved street or streets shall be considered a corner lot if straight lines drawn from the foremost points of the side lot lines to the foremost point of the lot meet at an interior angle of less than 135 degrees.

Lot, interior: A lot other than a corner lot, with only one frontage on a street. See Figure 8.

Lot, through: A lot other than a corner lot, with frontage on more than one street. Through lots abutting two streets are considered double-frontage lots. See Figure 8.

Lot coverage: The part or percentage of the lot occupied by principal and accessory buildings and structures. See Figure 7.

Lot line: The boundary of a lot; the legally defined limits of a lot. See Figure 2.

Lot measurement, width: Width of a lot shall be considered to be the average distance between straight lines connecting front and rear lot lines at each side of the lot, measured as straight lines between the foremost points of the side lot lines where they intersect with the street line and the points of the side lot lines where they intersect the rear property line, (see Figure 9). The width between the side lot lines at their foremost points in front shall not be less than 80 percent of the required lot width, except in the case of lots on the turning circle of a cul-de-sac when the 80 percent requirement shall not apply. The minimum lot width on a cul-de-sac shall be figured by drawing a straight line at the chord, then drawing a straight line parallel to it at the required setback distance for that particular zoning district. That new established line shall meet the minimum lot width of that district, (see Figure 10).

Lot of record: A lot of record is (1) a lot which is part of a subdivision recorded in the public records of Collier County, Florida; or (2) a lot, parcel, or the least fractional unit of land or water under common ownership which has limited fixed boundaries, described by metes and bounds or other specific legal description, the description of which has been so recorded in the public records of Collier County, Florida, on or before the effective date of this LDC; or (3) a lot, parcel, or the least fractional unit of land or water under common ownership which has limited fixed boundaries, for which an agreement for deed was executed prior to October 14, 1974, if within the Coastal Area planning district, and January 5, 1982, if presently within or previously within the Immokalee Area planning district prior to May 1, 1979.

Marina: A boating facility, chiefly for recreational boating, located on navigable water frontage, and providing all or any combination of the following: boat slips or dockage, dry boat storage, small boat hauling or launching facilities, marine fuel and lubricants, marine supplies, bait and fishing equipment, restaurants, boat and boat motor sales, and rentals. Does not include dredge, barge, or other work-dockage or service, boat construction or reconstruction, or boat sales lot.

Mean high-water line: The intersection of the tidal plane of mean high water with the shore as established by the Florida Coastal Mapping Act of 1974, Chapter 74-56, Laws of Florida.

Mixed use project approval process: A process by which a land owner may petition the BCC for approval of a mixed use project — a mix of commercial and residential uses, as provided for in certain zoning overlay districts. If located within certain subdistricts in the Bayshore Drive Mixed Use Overlay District or the Gateway Triangle Mixed Use Overlay District, such a petition may include a request for increased density by use of bonus density pool units.

Mobile home: A structure, transportable in one or more sections, which is 8 body feet or more in width and which is built on an integral chassis and designed to be used as a dwelling when connected to the required utilities and includes the plumbing, heating, air conditioning, and electrical systems contained therein.

Mobile home park: A parcel of land under single or unified ownership, which is designed and used for long-term placement of manufactured homes for non-transient residential use; may include accessory services and facilities for the residents of the manufactured home park.

Monopole communications tower: A commercial vertical single tubular self-supporting tower for nonparabolic antennas with small effective radii.

Motel: See hotel.

Natural reservation: The term natural reservation refers to large areas set aside for natural resource protection, conservation and preservation and includes: only Natural Resource Protection Areas (NRPAs); and, lands designated Conservation on the Collier County Future Land Use Map, including but not limited to, Everglades National Park, Big Cypress National Preserve, Florida Panther National Wildlife Refuge, Fakahatchee Strand State Preserve, Collier-Seminole State Park, Rookery Bay National Estuarine Research Reserve, Delnor-Wiggins Pass State Recreation Area, and the National Audubon Society's Corkscrew Swamp Sanctuary.

Natural waterbody: A naturally occurring lake, pond, lagoon, river, stream, creek, or the like, or the Gulf of Mexico and any tidal waters of the gulf including bays, bayous, inlets, canals, or channels.

Neighborhood center: A centrally located area within a neighborhood of a Rural Village that may include small-scale service retail and office uses and shall include a public park, square, or green.

Neutral lands: Lands located within the RFMU District that are generally depicted located on the Future Land Use Map, and more specifically depicted on the Official Zoning Atlas, as Neutral Lands. [§ 2.03.08(A)(3)]

Nonconforming: Refers to uses, buildings, lots, or structures that are in existence at the time of adoption of this Code or any Amendment(s), which were in compliance with applicable laws at the time of establishment or construction, but which do not comply with regulations and requirements of this LDC.

Nonconforming lot of record: 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 non-conforming 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.

North Belle Meade Overlay (NBMO): Lands located within the RFMU District that are generally depicted on the Future Land Use Map, and more specifically depicted on the Official Zoning Atlas, as the North Belle Meade Overlay. [§ 2.03.08(D)]

Oil and gas exploration: Activities and facilities involved in the search for and subsequent production testing and field delineation of discovered petroleum and natural gas resources as defined by or used in the context of Florida Statutes and Administrative Code, which may include geophysical exploration activities and surveys, construction of temporary access roads and pads, exploratory drilling and the in-field separation and removal of test production. (See Oil extraction and related processing)

Oil and gas field development and production: Activities and facilities involved in developing petroleum and natural gas resources following successful exploration as defined by or in the context of Florida Statutes and Administrative Code, which may include the construction of all-weather access roads and pads, development drilling, installation of crude oil pipelines, flowlines and gathering lines, in-field separation and temporary housing facilities for personnel requisite to the operation of these facilities and activities. (See Oil extraction and related processing)

Oil extraction and related processing: Oil and gas exploration, drilling, and production operations and shall not be deemed to be industrial land uses and shall continue to be regulated by all applicable federal, state, and local laws. Oil extraction and related processing includes oil and gas exploration and oil and gas field development and production as defined above.

Open space: Areas that are not occupied by buildings, impervious parking areas, streets, driveways or loading areas which may be equipped or developed with amenities designed to encourage the use and enjoyment of the space either privately or by the general public. Examples of open space include: areas of preserved indigenous native vegetation; areas replanted with vegetation after construction; lawns, landscaped areas and greenways; outdoor recreational facilities; and, plazas, atriums, courtyards and other similar public spaces.

Open space, common: Those areas within or related to a development, not in individually owned lots designed and intended to be accessible to, and for the common use or enjoyment of, the residents of the development, or the general public.

Open space, usable: Active or passive recreation areas such as playgrounds, tennis courts, golf courses, beach frontage, waterways, lagoons, floodplains, nature trails and other similar open spaces. Usable Open space areas shall also include those portions of areas set aside for preservation of native vegetation or landscaped areas, which are accessible to and usable by residents of the development, or the general public. Open water area beyond the perimeter of the site, street rights-of-way, driveways, off-street parking areas, and off-street loading areas shall not be counted in determining usable open space.

Outparcel: A site for a freestanding building or buildings, which is generally related to an original (parent) development tract is adjacent to a roadway that interrupts the frontage of another lot and is intended or withheld by the developer for development separately from the majority of the original development.

Parcel: Any quantity of land capable of being described with such definiteness that its location and boundaries may be established, which is designated by its owner or developer as land to be used or developed as a unit or which has been used or developed as a unit.

Park, neighborhood: Means a park which serves the population of a neighborhood and is generally accessible by bicycle or pedestrian ways.

Passive Recreation: Activities characterized by a natural resource emphasis and non-motorized activities. These activities are deemed to have minimal negative impacts on natural resources; or are consistent with preservation, enhancement, restoration and maintenance goals for the purpose of habitat conservation. Examples of passive recreation include, but are not limited to, bird watching and nature study, swimming, picnicking, hiking, fishing and hunting, where appropriate.

Pathway: A defined corridor for the primary use of non-motorized travel.

Pedestrian pathway: The area between the Road Rights-of-Way and the building within the Commercial Mixed Use Project and the Residential Mixed Use PUD Project. The Pedestrian pathway shall include: street furnishings; a street tree planting zone, and a pedestrian travel zone, and shall be a minimum of 21 feet in width.

Pedestrian travel zone: The area within a Pedestrian pathway located in a Commercial Mixed Project or a Residential Mixed Use Project in which furnishings or other obstructions shall be kept out to promote pedestrian movement. The pedestrian travel zone shall be a minimum of 5 feet in width.

Pennant: A piece of fabric or material which tapers to a point or swallow tail, which is attached to a string or wire, either singularly or in series.

Pervious (also pervious surface or pervious area: Applicable to Section 4.05.03 only): Material that allows the percolation or absorption of water into the ground including, but not limited to grass, mulch, and crushed stone. Pavers (excluding those specifically designed and constructed to be pervious) and limerock are not considered as pervious surface.

Pole sign: A sign, 8 or more ft. in height which is independent of support from any building, that is mounted on freestanding poles or other supports, and shall include a pole cover that is between 50 percent and 100 percent of the overall sign width.

Post Take Plan: A plan depicting site modifications, enhancements, and/or deviations from the requirements of this Code as set forth in Section 9.03.07, or from the requirements of a PUD or Conditional Use as may be applicable, where such modifications, enhancements, and/or deviations are designed to remediate, mitigate, minimize, or resolve site impacts caused by a Take to an improved property, or unimproved property where an application for Development Order has been made. A Post Take Plan may include, but is not limited to, any or all of the following: redesign or relocation of ingress/egress; replacement of all, or a portion of, lost parking spaces; redesign of internal vehicular circulation patterns; relocation or replacement of signage, redesign or relocation of stormwater retention, detention, or conveyance facilities, replacement of landscaping materials and/or irrigation fixtures; redesign or relocation of landscape buffers, preserves, or conservation areas; and similar types of site related modifications or enhancements.

Primary facade (applicable to Section 5.05.08 only): A facade that is in public view and faces a public or private street.

Principal building, structure, or use: The main or primary use on a lot or parcel, or the building in which the main or primary use is housed or carried out.

Project identification sign: A directional sign which provides identification or recognition of a development only, individual tenants or outparcels are not permitted to use this type of signage.

Public utility ancillary system: The individual or collective appurtenant equipment and structures owned or operated by a public or quasi public entity which are integral to treatment facilities that provide raw water, potable water, irrigation quality (IQ) water and wastewater services.

Recreational vehicle: A vehicular-type portable structure without permanent foundation which can be towed, hauled or driven and primarily designed as temporary living accommodation for recreation, camping, and travel use and including, but not limited to, travel trailer, truck campers, camping trailers, and self-propelled motor homes.

Redemption: Utilization of Rural Fringe Mixed-Use District (RFMUD) Transfer of Development rights (TDR) credit for development purposes.

Renovation (applicable to Section 5.05.08 only): Restoration, remodeling, improvement, in whole or in part, of an existing building.

Restaurant: A building or part of a building where food is offered for sale or sold to the public primarily for immediate consumption.

Restaurant, drive-through: A fast food facility with one or more drive-through lanes where food is ordered through a speaker phone and a menu board located in the drive-through lane. This type of facility has no indoor seating or food ordering but may have walk-up windows and/or outdoor seating.

Restaurant, fast food: An establishment where food is prepared and served to the customers in an ready to consume state for consumption either within the restaurant building, outside the building but on the same premises, or off the premises and having any combination of two or more of the following characteristics:

a.

A limited menu, usually posted on a sign rather than printed on individual sheets or booklets;

b.

Self-service rather than table service by restaurant employees;

c.

Disposable containers and utensils;

d.

A kitchen area in excess of 50% of the total floor area; or

e.

A cafeteria or delicatessen shall not be deemed a fast food restaurant for the purposes of this Land Development Code.

Restaurant, sit-down: A restaurant where food is ordered from a menu normally while seated at a table, and where table service is provided. Cafeterias are deemed sit-down restaurants for the purposes of this Land Development Code.

Restaurant, walk-up: A fast food facility with one or more walk-up windows. This type of facility has no indoor eating or drive-through windows, but may have outdoor seating.

RFMU District: Rural Fringe Mixed Use District. The area generally depicted on the Future Land Use Map and specifically depicted on the Official Zoning Atlas as the Rural Fringe Mixed Use District, which is generally a transition between the Urban and Estates Designated lands and the Urban and Agricultural/Rural and Conservation designated lands farther to the east. [§ 2.03.08(A)]

RFMU receiving lands: Lands located within the RFMU District that are generally depicted on the Future Land Use Map, and more specifically depicted on the Official Zoning Atlas, as Receiving Lands. [§ 2.03.08(A)(2)]

RFMU sending lands: Lands located within the RFMU District that are generally depicted on the Future Land Use Map, and more specifically depicted on the Official Zoning Atlas, as Sending Lands. [§ 2.03.08(A(4)]

Right-of-way (ROW): Land in which the state, a county, or a municipality owns the fee simple title or has an easement dedicated or required for a transportation or utility use.

Rural village: A form of development within RFMU Receiving Lands that includes the following mixture uses: residential housing types; institutional uses; commercial uses; and, recreational uses and comprised of several neighborhoods designed in a compact nature such that a majority of residential development within comfortable walking distance to the Neighborhood Centers. [§ 2.03.08(A)(2)(b)]

School Board Review (SBR): The site development plan review process for School Board projects as outlined in the 2003 Interlocal Agreement.

School Capacity Availability Determination Letter (SCADL): Based upon a School Impact Analysis (SIA), a letter prepared by the School District, identifying if school capacity is available to serve a residential project, if capacity exists for each school type, and whether the proposed development is conceptually approved or vested.

School Impact Analysis (SIA): A detailed report which evaluates a development plan for a proposed residential development and identifies the anticipated student impact from the development on the level of service standard within the Concurrency Service Area for each school type.

Self-storage buildings (applicable to Section 5.05.08 only): Buildings where customers lease space to store and retrieve their goods; see NAICS 531130.

Setback or setback line: A line marking the minimum distance between a right-of-way line, property line, bulkhead line, shoreline, seawall, mean high water mark, access easement line, or other defined location and the beginning point of the buildable area. See Figure 2.

Sewage system, central: A system for the collection and disposal of wastewater, including pipes, pumps, tanks, treatment plants, and other appurtenances which comprise the system.

Sewage system, individual: A system designed to serve 1 unit (as defined in the health code used by Collier County) comprised of pipes, tanks, and a subsurface absorption field, or other approved treatment device, for handling and disposing of wastewater.

Shopping center: A group of unified commercial establishments built on a site which is planned, developed, owned or managed as an operating unit and related in its location, size, and type of shops to the trade area that the unit serves. It consists of eight or more retail business or service establishments containing a minimum total of 20,000 square feet of floor area. No more than 20 percent of a shopping center's floor area can be composed of restaurants without providing additional parking for the area over 20 percent. A marina, hotel, or motel with accessory retail shops is not considered a shopping center.

Shoreline or shore: The interface of land and water and, as used in the coastal management element requirements, is limited to oceanic and estuarine interfaces.

Sidewalk: That portion of a right-of-way or cross or crosswalk, paved or otherwise surfaced, intended for pedestrian use and also bicycle use. (See Chapters 4 and 10)

Solid waste: Garbage, refuse, yard trash, clean debris, white goods, special waste, ashes, or other discarded material, including solid, liquid, semisolid, or contained gaseous material resulting from domestic, industrial, commercial, mining, agricultural, or governmental operations.

Solid waste bulk container: Any watertight, portable nonabsorbent container equipped with a watertight lid or cover, which is used to store 2 or more cubic yards of solid waste emptied by mechanical means.

Solid waste disposal facility: A facility designed and utilized for the disposal of sludge from wastewater treatment works, water supply treatment plants, or air pollution control facilities or garbage, rubbish, refuse, or other discarded material, including solid, liquid, semisolid, or contained gaseous material resulting from domestic, industrial, commercial, mining, agricultural, or governmental operations.

Solid waste standard container: A watertight container made of nonabsorbent material provided with a closely fitting watertight cover, with handles and of 32 gallons or less gross capacity, or a sealed plastic bag of adequate strength to contain the waste materials therein.

Solid waste transfer station: A structure used to store or hold solid waste for transport to a processing or disposal facility. It does not include green boxes, compactor units, permanent dumpsters, recycling collection stations, and other containers from which such wastes are transported to a landfill or other solid waste management facility.

Sporting and recreational camp: A facility, public or private, which may offer permanent or temporary shelters such as cabins or tents and is primarily engaged in providing camping, sporting or other recreational activities. Examples of sporting and recreational camps shall include boys' and girls' camps, hunting camps, fishing camps, or summer camps.

Standard design buildings (applicable to Section 5.05.08 only): Buildings whose design is based on a "corporate prototype" or other standardized architectural design that is used consistently with little or no variation at many different sites.

State Requirements for Educational Facilities ("SREF"): The Florida Department of Education State Requirements for Educational Facilities, effective 1999, as amended.

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.

Street: A public or approved private thoroughfare, including the right-of-way, which affords the principal means of access to abutting property. The term street includes lanes, ways, places, drives, boulevards, roads, avenues, or other means of access, regardless of the descriptive term used.

Streetscape zone: The streetscape zone is the space between the front yard build-to-line and the properly line.

Streetwall: A freestanding wall parallel with the facade of an adjacent building for the purpose of screening parking from the street.

Structure: Anything constructed or erected which requires a fixed location on the ground, or in the ground, or attached to something having a fixed location on or in the ground, including buildings, towers, smokestacks, utility poles, and overhead transmission lines. Fences and walls, gates or posts are not intended to be structures.

Subdivision: The division of land, whether improved or unimproved, into 3 or more contiguous lots, parcels, tracts, tiers, blocks, sites, units, or any other division of land any of which do not equal or exceed 10 acres, for the purpose, whether immediate or future, of transfer of ownership or development; or any division of land if the extension of an existing street or the establishment of a new street is involved to provide access to the land. The term includes resubdivision, the division of land into 3 or more horizontal condominium parcels or horizontal cooperative parcels, and the division or development of residential or nonresidential zoned land, whether by deed, metes and bounds description, devise, intestacy, map, plat, horizontal condominium parcels, horizontal cooperative parcels, or other recorded instrument, and, when appropriate to the context, means the process of subdividing or to the lands or areas subdivided.

Substantial damage: Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.

Substantial improvement: Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the start of construction of the improvement, this term includes structures which have incurred "substantial damage", regardless of the actual repair work performed. The term does not, however, include any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or any alteration of a historic structure.

Take or Taking: A parcel of land or a lot or portion thereof, or parcels or lots in combination or a portion thereof, that Collier County (or other governmental agency with eminent domain powers), or a private party or parties under agreement with Collier County or other government entity, has acquired or proposes to acquire for public use, whether by fee simple title or by easement, regardless of whether that acquisition occurs through dedication, condemnation, purchase, gift, or some similar manner.

Takings claim: Any claim that falls within the scope of Section 9.02.10. of this Code, whether claimed to be temporary or permanent in character.

TDR credit: A unit representing the right to increase the density or intensity of development on a parcel, obtained through a Transfer of Development Rights. [§ 2.03.07 D.4]

Timeshare estate: Any interest in a dwelling unit under which the exclusive right of use, ownership, possession, or occupancy of the unit circulates among the various owners of timeshare estates in such unit in accordance with a fixed time schedule on a periodically recurring basis for a period of time established by such schedule.

Timeshare estate facility: Any dwelling in which timeshare estates have been created.

Timeshare unit: A dwelling unit in which timeshare estates have been created.

Tower: A structure for the primary purpose to raise the height of an antenna.

Townhouse: A group of 3 or more dwelling units attached to each other by a common wall or roof wherein each unit has direct exterior access and no unit is located above another.

Tract: An area of land, public or private, occupied or intended to be occupied, by or for a lawful purpose, including a street, crosswalk, railroad, electric transmission line, oil or gas pipeline, storm drainageway, water main, sanitary or storm sewer main, canal, landscape buffer, or for similar use. The term "tract," when used for land platting purposes, means an area separate and distinct from platted lots or parcels and not included within the dimensions or areas of such lots or parcels. Unless otherwise expressly stated, the dedication of a tract on a plat reflects an intention of the dedicator(s) to dedicate such tract as a fee simple interest in land, subject to any easement(s) stated on the plat or otherwise of record.

Transfer of development rights: The transfer of development rights from one parcel to another parcel in a manner that allows an increase in the density or intensity of development on the receiving property with a corresponding decrease in the remaining development rights on the sending property.

Vegetation, Category I Invasive Exotic: Invasive exotic vegetation that alters native vegetation communities by: displacing native plant species, changing the structure or ecological functions of native plant communities, or hybridizing with native species; which includes all species of vegetation listed on the 2003 Florida Exotic Pest Plant Council's List of Invasive Species, under Category I.

Vegetation, Category II Invasive Exotic: Invasive exotic vegetation that has increased in abundance or frequency but have not yet altered native plant communities by displacing native plant species, changing the structure or ecological functions of native plant communities, or hybridizing with native species.

Vegetation, exotic: A plant species introduced to Florida, purposefully or accidentally from a natural range outside of Florida. The terms Exotic vegetation and Nonnative vegetation are interchangeable. Exotic vegetation includes Naturalized Vegetation, and Category I and Category II Invasive Exotics.

Vegetation, native: Native vegetation means native southern Floridian species as determined by accepted valid scientific references such as those listed in Section 4.06.05.

Vegetation, naturalized: Exotic vegetation that sustains itself outside cultivation, but is not prohibited exotic vegetation.

Vegetation, prohibited exotic: Category I or Category II Invasive Exotic Vegetation limited to those enumerated in section 3.05.08 of this Code.

Vegetation, protected: Any living, woody plant (tree, shrub or groundcover) and any dead woody plant that has a nest of a bald eagle. Nuisance invasive vines and nuisance invasive groundcover are not protected vegetation.

Vehicular use area: An area used for circulation, parking, and/or display of motorized vehicles, except junk or automobile salvage yards.

Village center: A distinct area within a Rural Village that serves as the primary location for commercial uses, including retail and office, and of civic, and government uses.

Wastewater: The combination of liquid and water-carried pollutants from residences, commercial buildings, industrial plants, and institutions together with any groundwater, surface runoff, or leachate that may be present.

Wetlands: Wetlands as set forth in Section 373.019 Florida Statutes. The terms "wetlands" and "jurisdictional wetlands," as used in this Code, shall be synonymous.

Wetland function: A quantitative and qualitative measure of the degree to which a jurisdictional wetland provides hydrologic and habitat or other benefits for listed species, measured using the Unified Wetland Mitigation Assessment Method, F.A.C. Chapter 62-345.

Yard: An open space that is unoccupied and unobstructed and that lies between a principal or accessory building or buildings and the nearest lot line. As used in this definition, "unobstructed" means a structure or portion of a structure from 30 inches above the ground level upward, and does not include permissible fences and walls.

Yard, front: The required open space extending across the entire width of the lot between the front building line and street right-of-way line. Where double-frontage lots exist, the required front yard shall be provided on both streets except as otherwise provided for herein.

Where corner lots of record existed prior to the date of adoption of Collier County Ordinance No. 82-2 [January 5, 1982], which lots do not meet minimum lot width or area requirements established in this Code, only one full depth front yard shall be required. In all zoning districts, the full depth front yard requirement shall apply to the front yard which has the shorter or shortest street frontage. In all zoning districts, except the E (estates) zoning district, 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 E (estates) zoning, see Section 2.03.01.

1996 Interlocal Agreement: the Interlocal Agreement between the Collier County School Board and Collier County as recorded in Official Record Book 2207, Pages 1729 et seq. which bears an effective date of June 25, 1996.

2003 Interlocal Agreement: the Interlocal Agreement between the Collier County School Board and Collier County as recorded in Official Record Book 3228, Page 2989 et seq. which bears an effective date of February 28, 2003.

2008 Interlocal Agreement: the Interlocal Agreement between the Collier County School Board and Collier County as recorded in Official Record Book 4492, Page 1107, et seq., which bears an effective date of October 14, 2008, establishing processes for public school facility planning and public school concurrency.

Zero lot line: The location of a building on a lot in such a manner that 1 or more of the building's sides rest directly on a lot line.

(Ord. No. 04-54, § 1, 7-27-04; Ord. No. 04-72, § 3.B; Ord. No. 05-27, § 3.B; Ord. No. 06-07, § 3.B; Ord. No. 06-08, § 3.B; Ord. No. 06-63, § 3.B; Ord. No. 07-67, § 3.B; Ord. No. 07-68, § 3.A; Ord. No. 08-08, § 3.A; Ord. No. 08-11, § 3.A; Ord. No. 08-63, § 3.B; Ord. No. 09-43, § 3.A; Ord. No. 10-23, § 3.B)

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