CE Special Magistrate Backup 11/02/2018 Code
Enforcement
Special Magistrate
Backup
November 2 , 2018
Co ler County
Growth Management Department
Code Enforcement Division
Special Magistrate Hearing
AGENDA
Board of County Commission Chambers
Collier County Government Center
3299 Tamiami Trail East, 3rd Floor
Naples, FL 34112
November 02, 2018
9:00 AM
NOTE: ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE SPECIAL MAGISTRATE WILL
NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO
ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES
THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. NEITHER COLLIER
COUNTY NOR THE SPECIAL MAGISTRATE SHALL BE RESPONSIBLE FOR PROVIDING THIS RECORD.
I. CALL TO ORDER-SPECIAL MAGISTRATE BRENDA GARRETSON PRESIDING
II. APPROVAL OF AGENDA
III. APPROVAL OF MINUTES
3.1. September 21,2018 Special Magistrate Minutes
IV. MOTIONS
A. MOTION FOR CONTINUANCE
B. MOTION FOR EXTENSION OF TIME
1. CASE NO: CESD20170012267
OWNER: Jacinto Luna
OFFICER: John Connetta
VIOLATIONS: Collier County Land Development Code, 04-41, as amended,
Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e). New addition
added to the rear of the main structure without first obtaining
the proper Collier County building permits and inspections.
FOLIO NO: 00090840005
PROPERTY 1411 Garthie Road,Immokalee, FL
ADDRESS:
V. STIPULATIONS
VI. PUBLIC HEARINGS
A. HEARINGS
1. CASE NO: CEA20180008390
OWNER: Thomas M.Aiello and Shari Cosme Aiello
OFFICER: Thomas Pintura
VIOLATIONS: Collier County Land Development Code, 04-41, as amended,
Section 4.02.07. Keeping of livestock animals on this property
totaling more than the allowed five for the particular acreage
and keeping of a pig on the property.
FOLIO NO: 36765241000
PROPERTY 3440 7th Ave SW,Naples,FL
ADDRESS:
B. EMERGENCY CASES
VII. NEW BUSINESS
A. MOTION FOR REDUCTION/ABATEMENT OF FINES
B. MOTION FOR IMPOSITION OF FINES AND LIENS
VIII.OLD BUSINESS
A. MOTION TO AMEND PREVIOUSLY ISSUED ORDER
B. MOTION TO RESCIND PREVIOUSLY ISSUED ORDER
IX. CONSENT AGENDA
A. REQUEST FOR SPECIAL MAGISTRATE TO IMPOSE NUISANCE ABATEMENT LIENS ON CASES
REFERENCED IN SUBMITTED EXECUTIVE SUMMARY.
B. REQUEST TO FORWARD CASES TO COUNTY ATTORNEY'S OFFICE AS REFERENCED IN
SUBMITTED EXECUTIVE SUMMARY.
X. REPORTS
XI. NEXT MEETING DATE-FRIDAY DECEMBER 7, 2018 AT 9:00 A.M.
XII. ADJOURN
Emotional Support
Animal
The Fair Housing Amendments Act protects the right
of people with disabilities to keep emotional support
animals, even when a landlord's policy explicitly
prohibits pets. The law will generally require the
landlord to make an exception to its"no pet"policy so
the tenant with a disability can fully use and enjoy his
or her dwellings.In most housing complexes,so long
as the tenant has a letter or prescription from an
appropriate professional, such as a therapist or
physician, he or she is entitled to a reasonable
accommodation that would allow an emotional
support animal in the apartment.
For questions concerning Emotional Support Animals,
please contact your local United States Department of
Housing and Urban Development office or visit Emotional Support
www_hutl.gov or www.dot.g_ovlairconsumer
(4] 0-) Animal
Reg i sterMyserviceAn i ma Isom
(480)823-5677
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{
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BRINKLEY
4,..7,-,.., Handler: Shari Aiello
�'�� 1 'i) Valid thru: July 31,2023
Registration# 69434
Emotional Support
Animal
The Fair Housing Amendments Act protects the right
of people with disabilities to keep emotional support
animals, even when a landlord's policy explicitly
prohibits pets. The law will generally require the
landlord to make an exception to its"no pet"policy so
the tenant with a disability can fully use and enjoy his
or her dwellings.In most housing complexes,so long
as the tenant has a letter or prescription from an
appropriate professional, such as a therapist or
physician, he or she is entitled to a reasonable
accommodation that would allow an emotional
support animal in the apartment.
For questions concerning Emotional Support Animals,
please contact your local United States Department of
Housing and Urban Development office or visit
www_hudgov or www.dot.g1:iy/airconsumer
(4)1 } Emotional Support
RegisterMyServiceAnimal.cons Animal
(480)8235677
•
•
s f
BLAZE
Handler: Shari Aiello
• )) Valid thru: July 31,2023
Registration# 69561
Emotional Support
Animal
The Fair Housing Amendments Act protects the right
of people with disabilities to keep emotional support
animals, even when a landlord's policy explicitly
prohibits pets. The law will generally require the
landlord to make an exception to its"no pet"policy so
the tenant with a disability can fully use and enjoy his
or her dwellings.In most housing complexes,so long
as the tenant has a letter or prescription from an
appropriate professional, such as a therapist or
physician, he or she is entitled to a reasonable
accommodation that would allow an emotional
support animal in the apartment.
For questions concerning Emotional Support Animals,
please contact your local United States Department of
Housing and Urban Development office or visit
www•hudgov or www.dgt,9pwairconsumer
4J lo-)
RegisterMyServiceAnimal.com
(480)823-5677
Emotional Support
Animal
t S
'I.t, t.t y
f(
il! -'tlru ri«
-A:-. .; w
MALIA
Handler: Shari Aiello
r, 1 ',�j) Valid thru: July 31,2023
Registration# 69560
Emotional Support
Animal
The Fair Housing Amendments Act protects the right
of people with disabilities to keep emotional support
animals, even when a landlord's policy explicitly
prohibits pets. The law will generally require the
landlord to make an exception to its"no pet^policy so
the tenant with a disability can fully use and enjoy his
or her dwellings.In most housing complexes,so long
as the tenant has a letter or prescription Iron, an
appropriate professional, such as a therapist or
physician, he or she is entitled to a reasonable
accommodation that would allow an emotional
support animal in the apartment,
For questions concerning Emotional Support Animals,
please contact your local United States Department of
Housing and Urban Development office or visit
www.hud.gov or www.dot goy/airconsumer
(4J
[1‘°..)
RegisterMyServiceAnimal.com
(480)823-5677
Emotional Support
Animal
'I it
CRASH
Handler: Shari Aiello
\� Valid thru: July 31,2023
., Registration# 69531
RENTAL AGREEMEt
THIS IS A LEGALLY BINDING CONTRACT.
0011
+A% IF NOT UNDERSTOOD,CONSULT AN ATTORNEY
The Tenant(s)known as S / 14RZ t A I L:�f^0 , hereby agree to rent the dwelling
located at 1 E.
The premises are to be occupied by the above named tenants only.Tenant may not sublet pre ises.
Ci
TER The The term shall commence onus ��t .at$ �(�i per month payable on the
-`� —of each month in full. c}
ori
LATE FEES In the event rent is not paid by the ,;.ii, '`Iii 5th)day after due date,Tenant agrees to pay a late
charge of$ as-.c...
U Tenant shall be responsible for the payment of the following utilities:water,electric,gas,heating fuer(/ /{�
Tel ( �Jt'�
A ES Appliances provided in this rental are:stove, refrigerator,dishwasher,washing machine,dryer,__air f/j _
con " er(s), - /`�"
R airs will be born by said Tenants if damage is due to negligence of Tenants.
On"-(3. .Securityshall be held by Landlord until the time said
SECURITY Amount of security deposit is$ G
Tenants have vacated the premises and Landlord has inspected it for damages.Tenant shall not have the right to
apply Security Deposit in payment of any rent.Security deposits must be raised proportionately with rent increases.
INSURA Tenant is responsible for liability/fire insurance coverage on premises.Tenant agrees to obtain a NA
"Rente In ranee"policy and to provide Owner or agent with a copy of policy within seven(7)days of lease
execution. •
NOTICES Should tenant decide to vacate the premies,a D day written notice to the landlord is required.
Should landlord decide to have tenants vacated,a 1 L � ay written notice is required.Tenant agrees to allow
•
premises to be shown at any and all reasonable times for re-rental.
REAL ESTATE COMMISSION (if applicable)In the event a commission was earned by a real estate broker,Tenant
shall not take possession of the premises unless all fees due broker are paid in full as agreed_Commission is payable
when this lease is signed by the Tenant(s).It is solely for locating the rental for the Tenant and is not refundable under
any circumstances regardless of any disputes or conditions between the Landlord and Tenant before or after
occupancy is taken.
ACKNOWLEDGMENT Tenants hereby acknowledge that they have read,understand and agree to all parts of this
document,and have received a copy.
AMOUNT RECEIVED B eE `(�
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RENT: 43C(").°0 peg41 i ` MAI- t 14
SECURITY: O C)C C C1 1-jfic I c 11{�' -Rti\t IC
BROKER'S FEE: _ B/14-
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THE UNDERSIGNED TENANT(S) ACKNOWLEDGES RECEIPT OF A COPY HEREOF.
DATE: gli a/7C b eg
OWNER/AGENe
✓ TENANT 5'PAR( Ale--22-0
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Pig I Definition of Pig by Merriam-Webster Page 2 of 11
Definition of pig
(Entry 1 of 2)
1 a: a young domesticated swine usually weighing less than 120 pounds(50 kilograms)—compare hog sense la
b :a wild or domesicated swine regardless of age or weight
2a:pork
b :pigskin
3 :a dirty,gluttonous,or repulsive person
4 :a crude casting of metal(such as iron)
5 slang: an immoral woman
6 slang,disparaging:police officer
pig
verb
pigged;pigging
Definition of pig(Entry 2 of 2)
intransitive verb
1 :farrow
2 :to live like a pig pig it
transitive verb
: farrow
Other Words from pig Synonyms More Example Sentences Learn More about pig
Keep scrolling for more
Other Words from pig
Noun
piglike\ 'pig-,Ilk®\adjective
Synonyms for pig
Synonyms:Noun
glutton,Borger,gormandizer,gourmand,hog,overeater,swiller
Visit the Thesaurus for More 0
Examples of pig in a Sentence
Noun
https://www.merriam-webster.com/dictionary/pig 11/1/2018
Hog Definition of Hog by Merriam-Webster Page 2 of 11
Definition of hog
(Entry 1 of 2)
la: a domesticated swine especially when weighing more than 120 pounds(54 kilograms)—compare pig sense la
b : any of various animals related to the domesticated swine
2 usually hogg,British : a young unshorn sheep also:wool from such a sheep
3a: a selfish,gluttonous,or filthy person
b :one that uses something to excess old cars that are gas hogs
hog
verb
hogged;hogging
Definition of hog(Entry 2 of 2)
transitive verb
1 :to cut(a horse's mane)short: roach
2 :to cause to arch
3 :to take in excess of one's due hog the credit
4 :to tear up or shred(some material,such as waste wood)into bits by machine
intransitive verb
:to become curved upward in the middle—used of a ship's bottom or keel
Synonyms ` More Example Sentences Learn More about hog
Keep scrolling for more
Synonyms for hog
Synonyms:Noun
glutton,gorger,gormandizer,gourmand,overeater,pg,swiller
Visit the Thesaurus for More e
Examples of hog in a Sentence
Noun
Don't be such a hog! Other people have to eat too! The new software is a real memory hog.
See More
Recent Examples on the Web:Noun
Indiana ranks in the top five for soybean,corn,turkey and hog production.—Seth Slabaugh,Indianapolis Star,"Sen.Joe
Donnelly needs to keep his pro-Trump voters. But can he?," 12 July 2018 Dad built jet engine blades at a TRW factory in
Danville and was a hog and tomato farmer.—John Baer,Philly.com, "High-powered Pa. lobbyist for SugarHouse,Sixers
tells us how the sausage gets made-and why Sixers even need a lobbyist,"4 May 2018
https://www.merriam-webster.com/dictionary/hog 11/1/2018
- t-V—*1
• fi 239.594.0900 www.Kit€C4unseitngar►dBportPerformance.co
vowCounseling&Consulting,Esq^
October 30, 2018
Collier County Code Enforcement
Re: Violation
To Whom It May Concern:
This letter is to confirm that Anique Border began counseling with me on June 30, 2016 due to changes in her
behavior and a decrease in confidence. She was experiencing difficulty with family and peer relationships at
the time. Ms Border,then and now continues to be an avid horsewoman. Throughout our work together she
has expressed feeling most comfortable with and understood by animals. Ms Border was engaged in the
therapy and her confidence began to improve by November of that same year. Subsequently when Ms
Border began to again experience academic stress and stress relatedter relationships
last winter,
er
family sought an emotional support pet for her. Currently, approximatelyeght m nths Aniquelater, rhp
orts
improved coping abilities. This pet supported Anique during a difficult time. I strongly recommend that the
pig remain in the home to avoid the trauma associated with losing a beloved support and family pet.
Please feel free to call me should you have any questions or need further information.
Sin rely,
Kathy A Feinstein, LMHC
2180 Immokalee Road Suite 216•Naples,FL 34110
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May 19, 2009
MINUTES OF THE MEETING OF COLLIER COUNTY
DOMESTIC ANIMAL SERVICES ADVISORY COMMITTEE
Naples, Florida, May 19, 2009
LET IT BE REMEMBERED, that the Collier County Domestic Animal
Services Advisory Committee in and for the County of Collier, having
conducted business herein, met on this date at 6:30 PM in REGULAR
SESSION at Domestic Animal Services Training Room, Davis Blvd., East
Naples, Florida with the following members present:
CHAIRMAN: Michele Antonia
Marcia Breithaupt
Dr. Ruth Eisele
Sergeant David Estes (excused)
Tom Kepp, Jr.
Sabina Musci
Jim Rich
ALSO PRESENT: Amanda Townsend, Director, DAS
Geri Lynn Waterbury, Operations Coordinator
Hailey Alonso, Administrative Assistant
May 19, 2009
I. Call to Order
Chairman Michele Antonia called the meeting to order at 6:30 P. M.
II. Roll Call
Roll call was taken and a quorum established.
The Agenda Packet, Minutes and Monthly Stats were projected on a screen for
the benefit of the citizen attendees as well as DAS Advisory Board Members.
III. Approval of Agenda
Sabina Musci moved to approve the agenda. Second by Marcia Breithaupt.
Carried unanimously, 6-0.
IV. Approval of Minutes: April 21,2009
Jim Rich moved to approve the Minutes of April 21, 2009, as presented. Second
by Dr.Ruth Eisele. Carried unanimously, 6-0.
V. Old Business
A. Director's Report
Amanda Townsend reported on the court case recently won by DAS against
the owner of 3 dogs, one of which was ill and neglected. The owner received
ten days jail time, a$500 fine plus court costs and 6 month's probation. She
explained the trial activity and cited this case as an example of the success of
enforcement of the Animal Cruelty Law and a reminder to others that
prosecution can happen.
Hailey Alonso,Administrative Assistant,requested networking of the
DASAB in obtaining sponsors and vendors for the next Howl-A-Day Jubilee
in the fall. She provided a 4-page pre-event packet to all Members consisting
of an Information Letter to Business Owners from the DAS Director, a Vendor
Fact Sheet, Booth reservations Form and a Sponsor Form.
Amanda Townsend addressed the upcoming Budget process in which 2
separate Budgets were prepared by request(millage neutral budget and tax
neutral budget) and were reviewed by the Productivity Committee. The next
review will be with the County Manager. It will then be ready for the BCC
hearings on 29th&30th of June. She will present it to DASAB at the next
meeting.
Due to the complexity of the Budget documents, Amanda offered to set up a
one-on-one meeting with each Advisory Board Member who would like one,
beginning on June 2, 2009,to discuss and answer any questions prior to next
month's meeting in order to facilitate a smoother run meeting.
The effects of 3%and 25%cuts were discussed briefly.
Geri Lynn Waterbury, Operations Coordinator explained the license
2
May 19, 2009
tracking program. Reminder cards (400)were sent out with an average of 5
to 6 percent return to date and increasing daily.
Amanda Townsend noted the projection for this data base program is to
provide means to:
• Update data monthly
• Remove duplications and out-of-date licenses
• Send out renewals
• Implement contact with Veterinarians to keep input up to date
• Allow Veterinarians to automatically enter license information on line;
data can be uploaded directly into the data base
• Allow reconciliations of the finances involved to be automated.
Dr.Ruth Eisele recommended the data base be programmed to allow a reminder
notice to be sent out 3 weeks before license renewals and shots are due.
B. Departmental Statistics
Review of the monthly statistics were projected on the screen and discussed.
• Decrease in Intake, euthanasia and shelter visitors; adoptions up a bit
• Revenue—decrease in spay and neuter fund
• Trust Fund-research done on amount spent on each animal & outcome
• Volunteer program running well
• Medical cases—Placing the burden on users of services
C. Update on Florida Legislation
Amanda Townsend reported that every animal related Bill has died in
Legislation.
VI. New Business
A. Land Development Code Regulations Regarding Animals
Amanda Townsend explained the reason for this issue on the Agenda was
due to comments received expressing:
• displeasure with the 3-dog limit
• concern with zoning problems for dog breeder looking to purchase
home
After consulting the Director of Zoning the following was provided:
• The Land Development Code (LDC) allows3 dogs in residentially
zoned lands and 2 dogs in commercially zoned lands -more than that
number is called kenneling.
• Kenneling is a permitted use in agriculturally zoned land of 20 acres
or more. Less than 20 acres requires a Conditional Use Permit.
• Kenneling is not allowed in any residential zoned lands,no matter
how large the parcel.
The following questions arose regarding oddities in the LDC:
• Estates zoning can have 2 horses per acre and 25 fowl but only 3
dogs?
• Who would need 25 fowl unless for fighting?
3
----- -- May 19, 2009
• No hogs, pigs(except pot-bellied pig) allowed?
• c,, to land use related to animals
• Enforcement issues; department branches should be allowed to
support one another
Tom Kepp noted breeders can have up to 6 dogs for 6 months only
Amanda Townsend stated Code Enforce not DAS is charged with enforcing
the LDC.
She requested, and was given the Board's direction, to:
1. See if DASAB wanted to pursue the topic
2. Thoroughly research every place in LDC that animals are mentioned
and what the stipulations are.
3. Invite an LDC Representative to July's meeting
4. Pursue amendments to LDC where needed (about a 9 month process)
Discussion followed on
• Number of animals
• Rules and the means needed for enforcement
• Choices required by the community
• Reward good animal owners without giving bad owners free reign
• Need for public dialogue
B. Summer Schedule
Discussion of eliminating the August meeting, unless something important
arises,will be made at July's meeting.
VII. Public Comment-NONE
VIII. Advisory Board Member Comments
Dr.Ruth Eisele asked about changing the defmition of the Lemon Law to cover
backyard breeders. There is no recourse for sick animals sold, at this time.
Amanda Townsend responded that the Animal Control Law locally can be
stronger than the State's. She will check to see if that applies to the Lemon Law.
She will also check if local infractions can be take to court or was it a civil issue.
Tom Kepp noted the Breeder Association has no enforcement power. The
following requested agenda items were discussed:
• Regulating Breeders Criteria
• Lemon Law
• Zoning issues regarding numbers
After a lengthy discussion it was decided focus would be in the following order:
1. The Lemon Law on July's agenda. (The Budget will take up most of June's
Agenda).
2. The LDC Zoning issues
3. Regulating Breeders&Breeder Criteria
4
May 19, 2009
Tom Kepp also stressed the DASAB needs to work on what things can be done
to cut the euthanasia rate this being his main concern.
Michele Antonia inquired if the ten-dollar drop-off fee was a hindrance in
Immokalee and if sponsors could pay for the owner if they could not afford it.
Amanda Townsend responded that Immokalee has drop boxes, thus avoiding the
drop- off fee. She will check with the Immokalee shelter Director if a problem
exists with paying the fee.
She also mentioned a donation to DAS of about 20 new dog beds.
Jim Rich asked if many Spay and Neuter impounds are not picked up because of
the fee.
Amanda Townsend responded "No, it is not an issue"
Sabina Musci commented on the nice array of dogs now in the shelter available
for adoption.
There being no further business for the good of the County, the meeting was
adjourned by the order of the Chair at 7:46 P.M.
The next meeting of the DAS Advisory Board is scheduled for June16, 2009
Collier County Domestic Animal Services
Chairman Michele Antonia
These minutes were approved by the Board/Committee on as presented, or as
amended
5
B.
Estate District(E). The purpose and intent of the estates district(E) is to provide lands for low
density residential development in a semi-rural to rural environment, with limited agricultural
activities. In addition to low density residential development with limited agricultural activities,
the E district is also designed to accommodate as conditional uses , development that provides
services for and is compatible with the low density residential, semi-rural and rural character of
the E district. The E district corresponds to and implements the estates land use designation on
the future land use map of the Collier County GMP, although, in limited instances, it may occur
outside of the estates land use designation. The maximum density permissible in the E district
shall be consistent with and not exceed the density permissible or permitted under the estates
district of the future land use element of the Collier County GMP as provided under the Golden
Gate Master Plan.
1.
The following subsections identify the uses that are permissible by right and the uses that are
allowable as accessory or conditional uses in the estates district (E).
a.
Permitted uses.
1.
Single-family dwelling .
2.
Family care facilities , subject to section 5.05.04.
3.
Essential services , as set forth in section 2.01.03.
4.
Educational plants , as an essential service .
b.
Accessory Uses.
1.
Uses and structures that are accessory and incidental to uses permitted as of right in the (E)
district.
2.
Fruits, vegetables, and nursery plants grown for both personal consumption and off-site retail
sale, such as farmer's markets. Farm operations that grow fruits, vegetables, and nursery plants
for off-site retail sale shall be subject to LDC section 5.02.00 Home Occupations, as amended,
and the following standards:
Farm operations shall not occupy more than 50 percent of the lot.
ii.
Farm operations shall conform to minimum setbacks established in LDC sections 2.03.01 B.2
and 4.02.01 A. Table 2.1, however, no side, rear or front setbacks are required greater than 30
feet.
Vegetation removal for farm operations shall be subject to LDC section 3.05.05 F, as amended.
3.
Keeping of fowl or poultry, not to exceed 25 in total number, provided such fowl or poultry are
kept in an enclosure located a minimum of 30 feet from any lot line , and a minimum of 100 feet
from any residence on an adjacent parcel of land.
4.
Keeping of horses and livestock (except for hogs), not to exceed two such animals for each acre,
and with no open feedlots. Any roofed structure for the shelter and feeding of such animals shall
be a minimum of 30 feet from any lot line and a minimum of 100 feet from any residence on an
adjacent parcel of land.
Notwithstanding the above,hog(s)may be kept for a 16 week period in preparation for showing
and sale at the annual Collier County Fair and/or the Immokalee Livestock show. The following
standards shall apply:
a)
One hog per child enrolled in a 4-H Youth Development Program, Collier County Fair Program
or similar program is permitted. In no case shall there be more than 2 hogs per acre.
b)
Premises shall be fenced and maintained in a clean, healthful, and sanitary condition.
c)
Premises or roofed structure used for the sheltering, feeding, or confinement of such animals
shall be setback a minimum of 30 feet from lot lines and a minimum of 100 feet from any
dwelling unit on an adjacent parcel of land.
d)
Hog(s) shall not be returned to the property once removed for showing and/or sale.
5.
One guesthouse, subject to section 5.03.03.
6.
Recreational facilities that serve as an integral part of a residential development and have been
designated, reviewed and approved on a site development plan or preliminary subdivision plat
for that development . Recreational facilities may include but are not limited to golf course,
clubhouse, community center building and tennis facilities, parks , playgrounds and playfields.
7.
Excavation and related processing and production subject to the following criteria:
i.
These activities are incidental to the permitted used onsite.
ii.
The amount of excavated material to be removed from the site cannot exceed 4,000 cubic yards
total. Amounts in excess of 4,000 cubic yards shall require conditional use approval for earth
mining,pursuant to the procedures and conditions set forth in section 10.08.00.
c.
Conditional uses. For Estates zoning within the Golden Gate Estates subdivision, the Golden
Gate Area Master Plan in the GMP restricts the location of conditional uses . The following uses
are permissible as conditional uses in the estates district(E), subject to the standards and
procedures established in LDC section 10.08.00:
1.
Churches .
2.
Social and fraternal organizations.
3.
Child care centers and adult day care centers .
4.
Schools, private.
5.
Group care facilities (category I); care units , subject to the provisions of subsection 2.03.01
B.3.f; nursing homes; assisted living facilities pursuant to § 400.402 F.S. and ch. 58A-5 F.A.C.;
and continuing care retirement communities pursuant to § 651 F.S. and ch. 4-193 F.A.C.; all
subject to section 5.05.04.
6.
Group care facilities (category II) care units subject to section 5.05.04 only when tenancy of the
person or persons under care would not:
i.
Constitute a direct threat to the health or safety of other individuals;
ii.
Result in substantial physical damage to the property of others; or
Result in the housing of individuals who are engaged in the current, illegal use of or addiction to
a controlled substance, as defined in section 802 of title 21, U.S. Code.
7.
Extraction or earthmining, and related processing and production not incidental to the
development of the property subject to the following criterion and subsection 4.02.02 C.
i.
The site area shall not exceed 20 acres
8.
Essential services, as set forth in subsection 2.01.03 G.
9.
Model homes and model sales centers, subject to compliance with all other LDC requirements, to
include but not limited to section 5.04.04.
10.
Ancillary plants .
11.
Public schools without an agreement with Collier County, as described in LDC section 5.05.14.
Additional standards in LDC section 5.05.14 shall also apply.
d.
Prohibited uses.
1.
Owning, maintaining or operating any facility or part thereof for the following purposes is
prohibited:
i.
Fighting or baiting any animal by the owner of such facility or any other person or entity.
ii.
Raising any animal or animals intended to be ultimately used or used for fighting or baiting
purposes.
iii.
For purposes of this subsection,the term baiting is defined as set forth in F.S. § 828.122(2)(a), as
it may be amended from time to time.
2.
Minimum yard Requirements. See subsection 4.02.01 A. Table 2.1 for the general requirements.
The following are exceptions to those requirements:
a.
Conforming Corner lots . Conforming corner lots , in which only one full depth setback shall be
required along the shorter lot line along the street . The setback along the longer lot line may be
reduced to 37.5 feet, so long as no right-of-way or right-of-way easement is included within the
reduced front yard . (See Exhibit A)
11 ESTATES: CONFORMING CORNER LOT
R.O.W
1 I�
-pfL
A
R.O.W A
FRONT SETBACK
37.5' REDUCED BY
50%
V I
L PIL
180' I 75' I
LOT < .___ > 30'
WIDTHFULL FRONT <SIDE>
* SETBACK SETBACK
I
I I 1
I I
A
1 SIDE
I SETBACK 30'
V V P/L II
* Example-lot width I
may vary,but never
less than 150'
� R.O.W -SETBACKS MEASURED FROM R.O.W.LINE
R.O.W -WIDTH MEASURED BETWEEN PROPERTY LINES
I
R.O.W.LINE PROPERTY LINE
b.
Nonconforming Corner lots .Nonconforming corner lots of record, in which only one full depth
setback shall be required along the shorter lot line along the street . The setback along the longer
lot line may be reduced to 15 feet, so long as no right-of-way or right-of-way easement is
included within the reduced front yard . (See Exhibit B)
ESTATES: NON-CONFORMING CORNER LOT
R.O.W
A - - r/L- - - - - - - - — –
R.O.W A ' REDUCED
V 15 FRONT SETBACK
I I
105 75'LOT 10%LOT 10.5'
WIDTH C FULL FRONT WIDTH > 5'
P/L SETBACK
I 10%LOT I
WIDTH
-TH P(L
W
V10.5'
- - - - - - Pfl.– - -
R.O.W
R.O.W
-SETBACKS MEASURED FROM R.O.W.LINE
-WIDTH MEASURED BETWEEN PROPERTY LINES
R.O.W.LINE PROPERTY LINE — – –
c.
Nonconforming through lots , i.e. double frontage lots , nonconforming lots of record with
double road frontage , which are nonconforming due to inadequate lot depth, in which case,the
front yard along the local road portion shall be computed at the rate of 15 percent of the depth of
the lot , as measured from edge of the right-of-way .
i.
The nonconforming through lot utilizing the reduced frontage shall establish the lot frontage
along the local road only. Reduced frontage along a collector or arterial roadway to serve such
lots is prohibited. Front yards along the local road shall be developed with structures having an
average front yard with a variation of not more than six feet; no building thereafter erected shall
project beyond the average line so established.
d.
Nonconforming lots of record , which are nonconforming due to inadequate lot width, in which
case the required side yard shall be computed at the rate of ten(10)percent of the width of the lot
(Ord. No. 06-63, § 3.C; Ord. No. 07-67, § 3.C; Ord. No. 08-11, § 3.D; Ord. No. 08-63, § 3.C;
Ord.No. 10-23, § 3.E; Ord.No. 12-38, § 3.B; Ord.No. 13-56, § 3.B; Ord. No. 14-40, § 2.A;
Ord. No. 16-27, § 3.B)