Ordinance 97-02 ORDINANCE NO. 97 - 2
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/~'~i~"; ..... ~ ;/~.~. AN EMERGENCY ORDINANCE AMENDING ORDINANCE NO.
91-102, AS AMENDED, THE COLLIER COUNTY LAND']
ACCESSORY STRUCTURES ON WATERFRONT LOTS AND'; -
~o R~C ~ GOLF COURSE LOTS; SECTION TWO~ CONFLICT AND?
'~t 0~ ~.~ SEVERABILITY; SECTION THREE~ INCLUSION IN~
\~ ~e~d ~/THE COLLIER COUNTY LAND DEVELOPMENT CODE;!~
sE ioN oUR, DECm TION OF ERG NC i ·
__ PURSUANT TO SECTION 125.66(3), FLORIDA~i
STATUTES; SECTION FIVEZ EFFECTIVE DATE.
WHEREAS, Collier County, pursuant to Sec. 163.3161, et seq.,
Florida Statutes, the Florida Local Government Comprehensive
Planning and Land Development Regulation Act (hereinafter the
"Act"), is required to prepare and adopt a comprehensive plan;
and
WHEREAS, on January 10, 1989, Collier County adopted the
Collier County Growth Management Plan (hereinafter the "Growth
Management Plan or GMP") as its comprehensive plan pursuant to
the Act; and
WHEREAS, a~ter adoption of the comprehensive plan, the Act
and in particular Sec. 163.3202(1), Florida Statutes, mandates
that Collier County adopt land development regulations that are
consistent with and implement the adopted comprehensive plan; and
WHEREAS, Collier County adopted its Land Development Code
containing its land development regulations, on October 30, 1991;
and
WHEREAS, SubSection 125.06(3), Florida Statutes, provides an
emergency procedure for the enactment or amendment of ordinances
except for those ordinances which establish or amend the actual
zoning map designation of a parcel or parcels of land or change
the actual list of permitted, conditional or prohibited uses
within a zoning category; and
WHEREAS, the amendments to Subsection 2.6.2.2, dealing with
the minimum building setback for swimming pool decks and/Or
screen enclosures for one and two-family residences, and attached
screen porches of Ordinance 91-102, as amended, the Collier
County Land Development Code, neither amend the actual zoning map
designation of any parcel or parcels of land nor change the
actual list of permitted, conditional or prohibited uses; and
WHEREAS, the Board of County Commissioners at its December
17, 1996 regularly scheduled meeting declared that an emergency
exists by virtue of numerous property owners' inability to
complete construction of single-family homes and accessory
pool/porch structures as contracted through model home sales,
particularly on Marco Island and isles of Capri, due to several
factors including existing ground elevation, sea wall heights,
increased building setback requirements due to deed restrictions
and smaller lot sizes and that immediate enactment of an
amendment to Subsection 2.6.2.2 of the Land Development C~?de is
required to alleviate the condition of emergency; and
WHEREAS, by unanimous vote, the Board of County
Commissioners directed its Planning Services Department Staff to
,
prepare the appropriate amendments to the Land Development Code;
and
WHEREAS.. ,Planning Staff has prepared the necessary
amendments to alleviate the emergency condition; and
WHEREAS, Subsection 1.19.1.3 of the Collier County Land
Development Code provides that in the case of an emergency the
additional Code amendment must receive unanimous approval by the
Board of County Commissioners; and
NOW, THEREFORE BE IT ORDAINED, by the Board of County
Commissioners of Collier County, Florida; that
SECTION ONE: ~4ENDMENTS TO SUBSECTION 2.6.2.2, ACCESSORY
STRUCTURES ON WATERFRONT LOTS AND GOLF COURSE
LOTS.
Subsection 2.6.2.2, "Accessory Structures on Waterfront Lots
and Golf Course Lots," of Ordinance No. 91-102, as amended, the
Collier County Land Development Code, is hereby amended to read
as follows:
ACCESSORY STRUCTURES**
ON WATERFRONT LOTS AND GOLF COURSE LOTS
Setbacks
Structure to
Structure
Front Rear Side (If Detached)
1. Parking garage or
carport, single-
family SPS SPS SPS 10 feet
Words st-a,~,e~hr~agh are deleted; words underlined are added.
2. One-story parking
structures SPS SPS SPS 10 feet
3. Multistory parking
structures SPS SPS SPS
4. Swimming pool and/or
enclosures (one- and
two-family) SPS 10 feet, SPS N
,20 feet where swimming pool decks exceed 4 feet in height
above top of seawall or top of bank~ except Marco Island and
Isles of CaDri which may construct to a maximum of 7 feet
above the seawall with a maximum of 4 feet of stem wall
exposure. with~.
5. swimming pool
(multiple-family
and commercial) SPS 20 feet 15 feet N
6. Tennis courts (pri-
vate) (one-and two-
family) SPS 15 feet SPS 10 feet
7. Tennis courts
(multiple-family
and commercial) SPS 35 feet SPS 20 feet
8. Boathouses and
boat shelters (prl- 7.5 feet or
vats) SPS N/A 15 feet 10 feet
' (See section 2.6.21.5)
9. Utility buildings SPS SPS 10 feet 10 feet
10. Chickee, barbecue
areas SPS 10 feet SPS N
11. Davits, hoists and 7.5 feet or
lifts N/A N/A 15 feet SPS
(see section 2.6.21.5)
12. Attached Screen
Porch SPS 10 feet* SPS SPS
,20 feet where floor or deck of porch exceeds 4 feet in
height above top of seawall or top of bank. exceDt Marco
Island and Isles of Capri which may construct to a maximum
of 7 feet above the seawall with a maximum of 4 feet of 2~em
~Dll exposure. with the rear setback of 10 feet.
13. Unlisted accessory SPS SPS SPS 10 feet
14. Docks, decks and 7.5 feet or
mooring pilings N/A N/A 15 feet N/A
15. Boat slips and
ramps (private) N/A N/A 7.5 feet N/A
16. Satellite dish an-
tennas N/P 15 feet SPS 10 feet
N - None.
N/A - Not applicable.
NP - Structure allowed in rear of building only. May be
located on pad at ground level, but not mounted on roof.
sPs - Calculated same as principal structure.
3
Words ~k threullh are d~lcted; words underlined art addS.
, - 1/foot of accessory height - 1/foot of building
separation.
**In those cases where the coastal construction control line is
involved, the coastal construction control line will apply.
SECTION TWO: CONFLICT kND SEVERABILITY.
In the event this Ordinance conflicts with any other
ordinance of Collier County or other applicable law, the more
restrictive shall apply. If any phrase or portion of this
ordinance is held invalid or unconstitutional by any court of
competent Jurisdiction, such portion shall be deemed a separate,
distinct and independent provision and such holding shall not
affect the validity of the remaining portion.
SECTION THREE: INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT
CODE.
The provis~.ons of this Ordinance shall become and be made a
part of the Collier County Land Development Code. The Sections
of the Ordinance may be renumbered or relettered to accomplish
such, and the tword "ordinance" may be changed to "section,"
"article," or any other appropriate word.
SECTION FOUR: DECLARATION OF EMERGENCY.
This Board does hereby declare that an emergency exists and
that immediate enactment of this Ordinance is necessary, and by
no less than for-fifths (4/Sths) vote of the membership of the
Board does hereby waive notice of intent to consider this
Ordinance.
SECTION FIVE: EFFECTIVE DATE.
A certified copy of this Ordinance, as enacted, shall be
filed by the Clerk to the Board with the Department of State of
the State of Florida, as soon after enactment as is practicable
by depositing the same with the postal authorities of the
government of the United States for special delivery by
registered mail, postage prepaid, to the Florida Department of
State.
$
4
Words ~tuel<-{h~augh are deleted; words underlined are added.
This Ordinance shall become effective as provided in
Subsection 125.66 (3) , Florida Statutes.
PASSED AND DULY ADOPTED by the Board of County Commissioners
of Collier County, Florida, this ~ day of ~ , 1997.
DWIGHT'.BRO~K, COLLIER COUNTY, FLORIDA
C
LEGAL SUFFICI~CY:
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Words stmek-4hreugh are deleted; words ~ are added.