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Ordinance 91-013 ORDINANCE NO. 91- 13 ~i. Li AN ORDINANCE AMENDING ORDINANCEr~3MBER 82-2, THE .COMPREHENSIVE. ZONING REGULATION~}'~FOR THE~ ~?, ~; UNINCORPORATED AREA OF COLLIER COUNTY BY ' AMENDING SUBSECTION 7.23, C-4 - COHMERCIAL GENERAL DISTRICT, PARAGRAPH b. 1) (h) , PE~,191'TED~. ~.C.I. PAL USES AND STRUCTURES, TO ADD HOTELS, MOTELS'~%~D TIME SHARE FACILITIES WHEN LOCATED WITHIN AN ACTIVITY CENTER; BY AMENDING PARAGRAPH 7.23c.6), MAXIMTJM DENSITY, TO ADD LANGUAGE TO LIMIT THE MAXIMUM ..c.DENSITY FOR HOTELS,.MOTELS AND TIME SHARE FACILITIES TO 26 UNITS PER ACRE WHEN LOCATED WITHIN AN ACTIVITY CENTER; BY AMENDING SUBSECTION 7.24, C-5 - COM}4ERCIAL INDUSTRIAL D. ISTRICT, PARAGRAPH ......].-i~x.b,.l_) (h), PF-RMITTED PRINCIPAL USES AND STRUCTURES, TO ADD HOTELS, MOTELS A/~D TIME SHARE FACILITIES · T.r.~q{E~LOCATED .WITHIN AN-ACTIVITY CENTER; BY AMENDING PARAGRAPH 7.24c.7), Fu%XIMUM DENSITY, TO ADD -- LANGUAGE TO LIMIT THE MAXIMUM DENSITY OF HOTELS, MOTELS AND TIME SHARE FACILITIES TO 26 UNITS PER ACRE WHEN LOCATED WITHIN AN ACTIVITY CENTER; BY PROVIDING FOR CONFLICT AND SEVERABILITY; AND BY _ .~_.~ROVIDING AN EFFECTIVE DATE. WHEREAS, Robert Duane of Hole, Montes and Associates, petitioned the Board of County Commissioners of Collier County,"Fl'orida to amend Ordinance Number 82-2, Section 7, 7.23, C-4 - Commercial General District, Paragraph b.1) ~h), Permitted Principal Uses and Subsection 7.24, C-5 - Commercial ia1 District, Paragraph b.1) (h), Permitted Principal Uses, hotels, motels and time share facilities as a Permitted ' US~ when located within an Activity Center. The Activity ~ncep~ encourages a mix of uses such as retail, commercial residential development. It is also designed to concentrate all new commercial zoning in locations where traffic impacts be readily accommodated to avoid strip and disorganized Patterns of commercial development; and WHEREAS, the Growth Management Plan provides for higher development within A~tivity Centers, the Petitioner is to amend Subsection 7.23, C-4 - Commercial General Paragraph c.6) Maximum Density and Subsection 7.24, C-5 - !~rcial Industrial Distriot, Paragraph c.7), Maximum Density, to NOW, THEREFORE BE IT ORDAINED by the Board of County of Collier County, Florida: ION ONE=.Amsndments to Section 7, of Collier County Zoning '.'Ordinance'Number 82-2, as amended. ............... .CT' i.'Section:7',___ SubsaC~ion 7.23, .C-4 - Commercial General District, :agraph b'.l)(h), Permitted Principal Uses and Structures, of ;',:' . ..'.' ~:-.' . . ' '. 82~2,:the'Zoning Ordinance of Collier County, Florida is ' ' " ~i" ' ' amendad't~Taad'aa-foll~ws: ..~. ~. ':i'1) ~ermitted'~i~ipal Uses:and:Structures: a pliance stores; art studios; art .. supply shops; automobile, parts stores; automobile ..' service stations without repairs (See Section 9.8); · ' awning shops. (b) Bakery shops; bait and tackle shops; banks and financial institutions; barber and beauty shops; ,~:.3 .... bath'.supply stores; bicycle sales and services; blueprint shops; bookbinders; book stores; business .:::2'~.~ ' . machine services. '(c)Carpet and floor covering sales - which may include storage and installation; churches and other places ' .'- of worship (See Section 8.11); clothing stores; cocktail lounges (See Section 8.11); commercial recreation uses - indoor; commercial schools; confectionery and candy stores. (d) Delicatessens; department stores; drug stores; dry cleaning shops; dry goods stores; and drapery shops. (e) Electrical supply stores; equipment rentals including lawn mowers and power saws, which may ~ .:~ .... '.. include their repair and sale. (f) Fish market - retail only; florist shops; fraternal and social clubs (See Section 8.11); funeral homes; furniture stores; furrier shops. (g) Garden supply stores - outside display in side and rear yards; gift shops; glass and mirror sales - including storage and installation; gourmet shops. (h) Hardware stores; hat cleaning and blocking; health food stores; homes for the aged; hospitals and hospices~ hotels. when located within an Activity Center as desi~nated in the Future Land Us~ ~aD of the Growth Man~ (i) Ice cream stores. · .~ ~undries - self service only; leather goods; ' legitimate theatres; liquor stores; locksmiths. " ~h are deleted; words ~ ars added. (: ~. -. (1) Marinas; markets - f6od;.markets - meat; medical offices and clinics; millinery shops; motion picture theatres; museums; music stores; minor automobile repair work. (m) New car dealerships - outside display permitted; news stores; night clubs (See Section 8.11). (n) Office - general; office supply stores. (o) Paint and wallpaper stores; pet shops; pet supply · '' shops; photographic equipment stores; pottery stores; prin~ing; publishing and mimeograph service ~' ,~.' ,~ shops; private clubs (See Section 8.11); professional offices. ~p~..hRadi~ ~ncL.television sales and services; radio stations (offices and studios), and auxiliary transmitters and receiving equipment, but not principal transmission tower; research and design lags; rest homes; restaurants - including drive-in or fast fobd restaurants (See Section 8.11). (q) Shoe repair; shoe stores; shopping centers (See Section 10.5); souvenir stores; stationery stores; supermarkets and sanatoriums. (r) Tailor shops; taxidermists; tile sales - ceramic tile; tobaco~ shops; toy shops; tropical fish stores. (s) Upholstery shops. (t) Variety stores; vehicle rental - automobiles only; veterinarian offices and clinics - no outside kennels. (u)Watch and pr~cision instrument repair shops. (v) Any other commercial use or professional service which is comparable in nature with the foregoing · uses and which the Zoning Director determines to be ' compatible in the d~etrict. SECTION TWO: Amendments to Secstion 7 of Collier County Zoning -. Ordinance Number 82-2, as amended. Section 7, Subsection 7.23, C-4 - Commercial General District, ;h c.6), Maximum Density, of Ordinance 82-2, the Zoning of Collier County, Florida is hereby amended to read as ~, ,~ ~a~s~e~-~ee~q~n~-f~e~ ~esr-he~e~?-me~e~s-e~d-~me she~e-~ae~es-w~ Lk-a-mex~m~-~oe~-a~ea-e~-~ e e e~are-~ee~ :/ --~- ~ximum Dens~~ .... ~l 198 Words-s%~ek-%h~gh are deleted~ words ~ are added. facilities and transient lod~ina faciljJ~ limited to a maxim~ Der acre and twent~ located with~ of the Growth Mana~e~ area for the~ fee~, THREE: Amendments to Section 7 of Collier County zoning Ordinance Number 82-2, as amended. Section 7,. Subsection 7.24, C-5 - Commercial Industrial Paragraph-b.1)(h), Permitted~'Principal Uses and ~of Ordinance 82~2,.the Zoning Ordinance of Collier FloridaTis~hereby amended to read as follows: 1) Permitted Prin~pal' ~sas and Structures: (a) Aluminum fabricators and screening shops, antique shops;.appliance stores; art studios; art supply shops; assembly in enclosed building; auction houses; automobile parts stores; automobile repair shops; automobile service stations with repairs (See Section 9.8); awning shops. (b) Bakery shops; bait and tackle shops; banks and financial institutions; barber and beauty shops; bath supply stores; bicycle sales and services; bicycle shops - repair only; blueprint shops; boat sales - with outside storage; boat yards and ways; body shop; bookbinders; book stores; building maintenance service; building supplies; bulk storage yards not including bulk storage of flammable liquids; business machine services. (c) Cabinet shops; canteen services; carpet storage and installation; carpet floor covering sales which may ~!..i~ include storage and installation; car washes; -~ churches and other places of worship (See Section 8.11); clothing stores; cocktail lounges (See ~'~ Section 8.11); commercial boat houses, and commercial boat storage - non-waterfront; commercial recreation - outdoor; commercial recreation uses - indoor; commercial schools; communications services and equipment repair; confectionery and candy stores; contractors storage - outside; crematoriums. (d) Drive-in theatres (See Section 8.35); delicatessens; ~ ~., department stores; drug stores; dry cleaning shops; dry. goods stores; drapery shops. (e)' Electrical supply stores; equipment rentals - including lawn. mowers, power saws, etc.; employment agencies. ~ (f) Feed and grain sales; fish markets; florist shops; fraternal and social clubs; funeral homes; freight movers; furniture refinishing; furniture stores; furrier shops. §h are deleted; words ~ are added. ' (g) Garden supply stores .- outside display in side and rear yards; gift sho~s; glass and mirror sales which may_include storage and installation; gourmet shops; gunsmiths ...... (h) ~wa=e'stores; hat cleaning and blocking; health food stores; hobby supply stores; hospitals and when located within in the Future Land Use Ele -. -~ " -. -J - : '- MaDC~f the GrQwth "~' '(i) Ice"cream'stores. (~):=Jewelry3stores .... (k}.- Lab~ratories'- film,.research and testing; laundries; lawn maintenance shops; leather goods; :'~u::.L'legitimate theatres, light manufacturing or processing (including food processing, but not slaughter house); packaging or fabricating in completely'enclosed building; linen supply shops; liquor store; and locksmiths. (1) Marinas;~markets.- food; markets - meat; medical office and clinics; millinery shops; miscellaneous uses such as express office, telephone exchange; motor bus or truck or other transportation terminal and related uses; motion picture theatres; motorcycle sales and service; motorcycle shops - repair only; museums; music stores. (m) Ne~ car dealerships - outside display permitted; news stores; night clubs· (See Section 8.11). (n) Office - general; office supply stores; outdoor storage yards and lots, provided such outdoor storage yard shall not be located closer than twenty-five {25) feet to any public street and that such yard shall be completely enclosed, except for necessary ingress and egress, by a solid fence or wall not.less than six (6) feet high, and provided further that this provision shall not permit wrecking yards (including automobile wrecking yard), Junk yards, or yards used in whole or in part for scrap or salvage operations or for processing, storage, display, or sales of any scrap, salvage, or second-hand building materials, Junk automotive vehicles, or second-hand automotive vehicle parts. (o) Paint and wallpaper stores; parking garages and lots - commercial; pest control service; pet shops; pet supply shops; photographic equipment stores; plumbing shop; plumbing supplies; pottery stores; poultry markets; printing; lithographic; publishing or similar establishments; private clubs (See Section 8.11);.and professional offices. (p) Radio and teievision stations and transmitters, but not tower; radio and television sales and services; research and design labs; rest homes; restaurants including drive-ins or fast food restaurants; retail ~h are deleted; words -5- ~' and repair e~tablishments for sale and repair of new and used automobiles~ motorcycles, trucks and tractors, mobile homes, boats, automotive vehicle parts and accessories (but not Junk yards or a. automobile vehicle wrecking yards), heavy machinery and equipment, farm equipment; retail establishments i~ for sale Of farm supplies, lumber and building ~i supplies,'monuments, and similar uses. (q) Secondhand scores, service establishments catering /:,~ ~o_c~_mme~e.and industry; sign company; sign painting' s~ops; shoe repair; shoe stores; shopping centers (See Section 10.5); souvenir stores; stationery s~ores; supermarkets; swimming pool :.. maintenance shops and sanatoriums. .%. " (r) Tailor shops; taxidermists; tile sales - ceramic ,,.. ~-ile;ctobacco shops; toy shops; tropical fish ?':' stores; truck stops. · '~ ~ (s) Uni~n halls;.upholstery shops; used car lots. :.~. (t) Variety s~res; vehicle rentals; veterinarian offices and clinics - no outside kennels; vocational, technical, trade or industrial schools. (u) Warehousing; watch and precision instrument repair shops; wholesaling, storage, or distributing establishments and similar uses. ~ECTION FOUR: Amendments to Sectin 7 of Collier County Zoning Ordinance Number 82-2, as amended. 7,Subsection 7.24, C-5 - Commercial Industrial , Paragraph c.7), Maximum Density, of Ordinance 82-2, the of Collier County, Florida is hereby amended to ~ans~en~-}~dg~nq-~ee~%~es?-hete}sr-m~te}s-an~-t~me aha~e-~ae~t~ee-w~th-a-max~m~m-~e~r-area-e~-~e~-s~paa~e ~ee~v '~ /1 Maximum Density: Hotels. motels, time sh~re facilities ~ and transient lodcin~ facilities are limited to a maximum .. density of sixteen (16) units Der acre and twenty-six · ~',' (26) units Der acre when located within an Activity _ Center as desi~nated in th~ Future Land Use Element and Future Land Use MaD of the Growth Management Plan. Th~ maximum floor area for these uses is five hundred (500) k .. s=uare feet. ~SECTION FIVE= Conflict and S~verabllity .In the event this Ordinance conflicts with any other Ordinance ":~lie= Cqunty and other applicable law, the more restrictive Words-st=mek-th~em~h are deleted; words ~ are added. --6-- .shall apply. If any phrase or portion of the ordinance ~s held or unconstitutional by any court of competent Jurisdiction, portion shall be deemed a separate, distinct and independent ~rovision and such holding shall not affect the validity of the portion. -~.CTION SIX: Effective Date This Ordinance shall become effective upon receipt of notice the Secretar~r-of 'State that this Ordinance has been ~led with Secretary of- State ~-~' PASSED A~D-DULY ADOPTED by the Board of County Commissioners !'Of .Collier County, Florida, this ~_~day of~, 1991. '. "" ." ~' ~ BOARD OF COUNTY COMMISSIONERS c:' : GILES, :CLERK COLLIER COUNTY, FLORIDA CHAIRI~M~ "...'~'.~. ;~.h~" FORM AND LEGAL SUFFICIENCY: .... .~ . '.~/. >'. ~. · ond oclu'*ow:e4~,em~.~t of tho! '4171 : ~'.. Words-s~ek-~hrou~h are deleted; words ~ are added. FLORIDA ) 0F COLLIER ) JAMES C. GILES, Clerk of Courts in and for the Judicial Circuit, Collier County, Florida, do certify that the foregoing is a true copy of: Ordinance No was adopted by the Board of County Comm~ssioners on i:.2'9-~h.day of.January, 1991, during Special Session. iWITNESS my hand and the official seal of the Board of Commi~eionera of Co,lief County, Florida, this 6th of February, ~991. J, Clerk of Courts and Clerk' '"' ~' '~' Ex-officio to Board of ~. - %~" county Commissioners_ >~. ~ Deputy Clerk ' /:7 0]'] %~ ' '