§ 2.01.03. Essential Services

Essential services are hereby defined as services designed and operated to provide water, sewer, gas, telephone, electricity, cable television or communications to the general public by providers which have been approved and authorized according to laws having appropriate jurisdiction, and government facilities. Essential services are allowed in any zoning district subject to the following conditions:

A.

The following uses shall be deemed permitted uses in all zoning districts, except CON districts , RFMU sending lands , NRPAS, HSAS, and FSAS:

1.

Water lines and sewer lines;

2.

Natural gas lines, except those associated with oil extraction and related processing operations as defined in this Code and regulated under applicable federal and state law;

3.

Telephone lines, telephone switching stations, and cable television lines;

4.

Communication towers , limited to those providing wireless emergency telephone service, subject to all applicable provisions in section 5.05.09 of this Code;

5.

Electrical transmission and distribution lines, substations, and emergency power structures ;

6.

Sewage lift stations and water pumping stations;

7.

Essential service wells (including extraction facilities and requisite ancillary facilities);

8.

Any other wells which have been or will be permitted by the South Florida Water Management District or the Florida Department of Environmental Protection either prior to or subsequent to the effective date of this ordinance, or if the respective well and/or well related facility is otherwise required to be installed or constructed by law. If any proposed well is a Collier County owned well under the permitting jurisdiction of a Florida agency, staff, early in the County's well permit application process, shall post sign (s) at the County's proposed well site(s) and shall provide written notice that the county has applied for a required well permit to property owners within 300 feet of the property lines of the lots or parcels of land on which the applied-for well is being sought by the County, including, if applicable, the times and places of the permitting agency's scheduled public hearings; and

9.

Conservation Collier lands which provide for permitted nondestructive, passive natural resource based recreational and educational activities, exclusive of major improvements. Permitted minor improvements shall be limited to one (1) ground sign , not to exceed eight (8) feet in height with a maximum sign area of thirty-two (32) square feet; a parking area, not to exceed twenty (20) parking spaces; hiking trails; a fully accessible trail or trail section; educational kiosks not to exceed one hundred (100) square feet; and public restroom facilities not to exceed five hundred (500) square feet. The provisions for Conservation Collier lands in this Code do not affect the underlying zoning districts or land use designations in any district where Conservation Collier lands are established. Such that no expansion or diminution of the various zoning district permitted uses is intended or implied by these provisions, except as stated above with respect to minor improvements. Oil and gas exploration as defined and regulated in this Code remains a permitted use on or beneath Conservation Collier lands established in any zoning district providing for oil and gas exploration as a permitted use pursuant to subsection 2.03.09 B.1.a.viii.

B.

Permitted essential services in CON districts , RFMU sending lands, NRPAs, HSAs, and FSAs.

1.

Within CON districts , Sending Lands in the RFMU district , NRPAs, and within designated Habitat Stewardship Areas (HSA) and Flow way Stewardship Areas (FSA) within the RLSA overlay district subject to the limitations set forth in section 4.08.08 C., the following essential services are permitted:

a.

Private wells and septic tanks;

b.

Utility lines, except sewer lines;

c.

Sewer lines and lift stations, only if located within already cleared portions of existing rights-of-way or easements, and necessary to serve a publicly owned or privately owned central sewer system providing service to urban areas; or the Rural Transition Water and Sewer District, as delineated on the Urban-Rural Fringe Transition Zone Overlay Map in the Future Land Use Element of the GMP; and,

d.

Water pumping stations necessary to serve a publicly owned or privately owned central water system providing service to urban areas; or the Rural Transition Water and Sewer District, as delineated on the Urban-Rural Fringe Transition Zone Overlay Map in the Future Land Use Element of the GMP.

e.

Conservation Collier lands which provide for permitted nondestructive, passive natural resource based recreational and educational activities, exclusive of major improvements. Permitted minor improvements shall be limited to one (1) ground sign , not to exceed eight (8) feet in height with a maximum sign area of thirty-two (32) square feet; a parking area, not to exceed twenty (20) parking spaces; hiking trails; a fully accessible trail or trail section; educational kiosks not to exceed one hundred (100) square feet; and public restroom facilities not to exceed five hundred (500) square feet. The provisions for Conservation Collier lands in this Code do not affect the underlying zoning districts or land use designations in any district where Conservation Collier lands are established, such that no expansion or diminution of the various zoning district permitted uses is intended or implied by these provisions, except as stated above for minor improvements. Oil and gas exploration as defined and regulated in this Code remains a permitted use on or beneath Conservation Collier lands established in the CON zoning district providing for oil and gas exploration as a permitted use subject to subsection 2.03.09 B.1.a.viii.

f.

Aviation related uses as approved in the September 11, 2001 Memorandum of Understanding between Collier County Airport Authority and the Intervenor Signatories to the Deltona Settlement Agreement (July 20, 1982), including The Conservancy of Southwest Florida, The National Audubon Society, The Florida Audubon Society, The Environmental Defense Fund, Izaak Walton League, Florida Division, The Florida Department of Environmental Protection, The South Florida Water Management District, The Florida Department of Community Affairs, The Deltona Corporation, and Collier County.

C.

Additional permitted essential services in commercial and industrially zoned districts. In commercial and industrially zoned districts, in addition to the essential services identified above in section 2.01.03 A., governmental facilities, as defined by this Code, including law enforcement, fire, emergency medical services and facilities, public park and public library services and facilities, shall be considered a permitted essential service.

D.

Additional permitted essential services in the agricultural and estate zoned districts. In the agricultural and estate zoned districts, in addition to the essential services identified above in section 2.01.03 A., the following governmental services and facilities shall be considered permitted essential services : nonresidential not-for-profit child care, nonresidential education facilities, libraries, museums, neighborhood parks , and recreational service facilities.

E.

Additional permitted essential services in the agricultural zoned district. In the agricultural zoned district, in addition to the essential services identified above in section 2.01.03 A., safety services, and other government services, necessary to promote and protect public health, safety and welfare are permitted essential services , limited to the following: law enforcement, fire, and emergency medical services.

F.

Additional permitted essential services in residentially zoned districts. In residentially zoned districts, in addition to the essential services identified above in section 2.01.03 A., neighborhood parks shall be considered a permitted essential service.

G.

Conditional uses . The following uses require approval pursuant to section 10.08.00 conditional uses :

1.

Conditional essential services in every zoning district excluding the RFMU district sending lands, CON districts , NRPAs, and RLSA designated HSAs and FSAs. In every zoning district, unless otherwise identified as permitted uses, and excluding RFMU district Sending Lands, CON districts , and NRPAs, the following uses shall be allowed as conditional uses :

a.

Electric or gas generating plants;

b.

Effluent tanks;

c.

Major re-pump stations sewage treatment plants, including percolation ponds, and water aeration or treatment plants,

d.

Hospitals and hospices;

e.

Government facilities, including where not identified as a permitted use in this section, safety service facilities such as including law enforcement, fire, emergency medical services; and

f.

Conservation Collier lands which provide for permitted, nondestructive, passive natural resource based recreational and educational activities, when such sites require major improvements to accommodate public access and use. These major improvements shall include, but are not limited to: parking areas of 21 parking spaces or more; nature centers; equestrian paths; biking trails; canoe and kayak launch sites; public restroom facilities, greater than 500 square feet; signage beyond that allowed in sections 2.01.03 A.9. and 2.01.03 B.1.e. of this Code and other nondestructive passive recreational activities as identified by the County Manager or designee. The provisions for Conservation Collier lands in this Code do not affect the underlying zoning districts or land use designations in any district where Conservation Collier lands are established, such that no expansion or diminution of the various zoning district conditional uses is intended or implied by these provisions, except as stated above for major improvements. Oil and gas field development and production as defined and regulated in this Code remains a conditional use on or beneath Conservation Collier lands established in zoning districts providing for oil and gas field development and production as a conditional use , subject to subsection 2.03.09 B.1.c.i.

2.

Conditional essential services in RFMU sending lands, NRPAs, CON districts, and RLSA designated HSAs and FSAs. Within RFMU District Sending Lands, NRPAs, CON districts, and the RFLA designated HSAs and FSAs subject to the limitations set forth in section 4.08.08 C.2., in addition to the essential services identified as allowed conditional uses in subsection 2.01.03 G.1. above, the following additional essential services are allowed as conditional uses:

a.

Sewer lines and lift stations necessary to serve a publicly owned or privately owned central sewer system providing service to urban areas; or the Rural Transition Water and Sewer District, as delineated on the Urban-Rural Fringe Transition Zone Overlay Map in the Future Land Use Element of the GMP, when not located within already cleared portions of existing rights-of-way or easements ;

b.

Safety Services limited to law enforcement, fire, and emergency medical services; and

c.

Oil and gas field development and production , as defined and regulated in this Code, remains a conditional use on or beneath Conservation Collier lands established in the CON zoning district subject to subsection 2.03.09 B.1.c.i.

3.

Additional conditional uses in residential, and estate zoned districts, and in RFMU receiving and neutral lands . In residential, agricultural, and estate zoned districts and in RFMU Receiving and neutral lands , in addition to those essential services identified as conditional uses in section 2.01.03 G.1. above, the following essential services shall also be allowed as conditional uses :

a.

Regional parks and community parks;

b.

Public parks and public library facilities;

c.

Safety service facilities;

d.

Other similar facilities, except as otherwise specified herein.

4.

Conditional uses that include the installation of structures :

a.

Where structures are involved other than structures supporting lines or cables, such structures shall comply with the regulations for the district in which they are located, or as may be required on an approved site development plan under section 10.02.03. In addition, the structures shall conform insofar as possible to the character of the district in which they are located as to development standards, as well as architecture and landscaping, with utilization of screening and buffering to ensure compatible with the surrounding and nearby existing and future uses.

b.

Within the RFMU district sending lands, NRPAs, Conservation Districts, and the RLSA HSAs and FSAs, structures supporting the conditional use shall be located so as to minimize any impacts on native vegetation and on wildlife and wildlife habitat.

c.

Essential services shall not be deemed to include the erection of structures for commercial activities such as sales or the collection of bills in districts from which such activities would otherwise be barred. Unstaffed billing services, which are accessory uses to the normal operations of the essential service, may be permitted.

(Ord. No. 04-72, § 3.C; Ord. No. 06-07, § 3.D; Ord. No. 08-11, § 3.B; Ord. No. 12-25, § 3)