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Ordinance 91-028 AN ORDINANCE AMENDING ORDINANCE NO. ~'~4~, '~ THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY BY AMENDING SUBSECTION 7.17, MOBILE HOME SUBDIVISION DISTRICT~ ADDING SUBSECTION b.2(c) TO ALLOW HURRICANE SHELTERS AS A PERMITTED ACCESSORY USE; BY ADDING SUBSECTION 7.17 C.6) REQUIREMENTS AND STAND~RDS FOR HURRICANE SHELTERS; BY AMENDING SUBSECTION 7.18, M1JRP - MOBILE HOME RENTAL PARK BY ADDING SUBSECTION b.2(d) TO ALLOW HURRICANE SHELTERS AS A PERMITTED ACCESSORY USE; BY ADDING SUBSECTION 7.18C.9) REQUIREMENTS AND STANDARDS FOR HURRICANE SHELTERS; BY PROVIDING FOR CONFLICT AND SEVERABILITY; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, the Conservation and Coastal Management Element of the Growth Management Plan, objective 13.1 requires that certain activities be undertaken to reduce evacuation time in the event of a hurricane. These include the provision for on-site sheltering in mobile home developments in order to protect the public safety, health and welfare; and WHEREAS, Policy 13.1.4 of said obJeotlYe requires that an";' ordinance shall bm adopted so that each new mobile home com~nity in the Category 1, 2, and 3 hurricane vulnerability zones shall include a structure built to appropriate code for use as a shelter during a hurricane; and WHEREAS, the Collier County Planning Commission (Local Planning Agency) has determined that this proposed ordinance ~e consistent with the adopted Growth Management Plan as required by Section 163.3194(2), Florida Statutes; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: SECTION ONE: Amendments to Section 7 of Collier County Zoning Ordinance 82-2, As Amended. Section 7, Subsection 7.17, MHSD - Mobile Home Subdivision District, Subsection 7.17b.2), Accessory Uses and Structures, is hereby amended by adding Subsection b.2)(c) to read as follows: 1 7.17 b.: Uses and Structures: No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in Wart, for other than the followin~ 1) P~nof~aI'Uses and structures: '(a)''Mobit~:'Homes~ ih) Group HOusing (Subject to'Development Plan ' ~:aPproval - See.Section 10.5). 2) ~esiory Uses~and'Structurss: :..:~ ....., . .. '(~)'-'Accessor~' '.Uses. and' s~ructures customarily associated' with mobile home development, such "~' as recreational facilities, administration "'';'b~ildings, service'bUildings, utilities, and ...... additions which-'compliment the mobile homes. (b) Private boat houses and docks. (See Section 8.46). ."/'4. (cl '-Reauirements ' and Standards 'for Hurricane ~]~elters: All new mobile home subdivisions which .are 26 units or lar~er in size or existing mobile home subdivisions which are in the process of exDandin~ and are located in cateqQ~y 1. 2 and 3 hurricane vulnerability zones as specified in the current National Oceanic and AtmosPheric Administration's Storm Surge ~9~el' (S~OSHI shall be reauired to provide emeraencv shelters. 3) Permitted Provisional Uses and Structures: (a) Schools - public, private and parochial (See Section 8.~1) (b) Civic and cultural facilities. .:um~.i. (c)'-Churches and other places 'of worship. (See Section 8.11) (d) Recreational facilities not accessory to principal use. 4) Prohibited Uses and Structures: Any use or structure not specifically, provisionally or by reasonable implication permitted herein, or permissible by special exception. SECTION TWO: Amendments to Section 7 of Collier County Zoning Ordinance 82-2, As Amended. Section 7, Subsection 7.17, M~S~ - Mobile Home Subdivision District is hereby amended to add a new Subsection 7.17c.6 to read as follows: 7,17¢,6: Re~uirements and Standards for Hurricane Shelters: All new. or existin~ mobile home subdivisions in the process of exoandin~, which are 26 units or laroer in size and are located in category 1. 2 and 3 hurricane vulnerability zones as specified in the ~urr~n~ N~lonal Oceanic and Atmospheric ~i~n's $~rm Surgg model (SLOSH) shall required to provide emercencv shelters. 1. Minimum shelter size shall be determined by the ~, followina formula; The recmired shelter size - (a~ 20 sa. ft. x Cb) 1.75 x ¢cl units x ¢dl 50% a - the area approved for short-term shelter bv the American Red Cross for sleeDin~ space Der !, ?~:, person. ?~,~: b - the OCCUDa,CV rate of each mobile home or unit. c - the total number of lots iq %he subdivision. d,-.the averaae population rate ogcuovina the subdivision durina the June throuah November time frame, 2. Shelter Elevation: The shelter shall be elevated to a minimum heiaht 'eaual to. or above, worst casa Cateaorv 3 flooding level ¢+16 feet above MSL) utilizina the current National Oceanic and Atmospheric Administration Storm Surae model "SLOSH" (Sea. Lake and Overland Suraes from HurricaRe~), 3. Shelter Construction: The desian and construction of the reGuired shelters shall b9 auided by the wind loads aDDlied to buildinas and structures desianate~ as "Essential Facilities" in the Standard Buildina Code/1988 Edition. Table 1205, 4. All reauired shelters shall Provide the followl~: a. All- shelters shall provide for adeaUate Glass protection by shutters or board~, b. All shelters shall be eauiDDed with adeauat9 emergency Dower, c. All shelters shall Provide for adeauate ventilation. d. All shelters shall provide first-aid eauiDme~, ..: e. All shelters shall provide Potable water at the rate of 10 aal./unit t 2, f. All shelters shall provide full kitchen facilities operated by natural or L.P. a. All shelters shall provide toilets and showers at the minimum rate of one fixture for every forty units ~ 2, h. All shelters shall provide a minimum 144 sauare foot locked storaae room. i. All shelters shall provide separate rooms that can be used for nursin~ and office/ administratioq, 9. All shelters shall be available year k. All shelters shall have a shelter team traingd by the Red Cross Shelter ManaGement Training ProGram. provided by the Dark developer, associat~on or other acceptable body. 1. All shelters shall have the Dark manaaeme~t confirm the availability o~ a shelter t~aN the EmerGencY Manaaement Department. Emeraenc¥ Services Division. prior to June 1st of each year. m. All shelters shall provide a oermanent exterior wall sign size 2 feet x 2 feet to be located st- the main entrance which shall identify buildina as an emeraencv storm shelter, and capacity limits. n. All shelters shall provide a telephone and battery ooerated radio within the shelter, o. A written aareement sDecifvina the use of a shelter manaaement team and the desianated emeraencv storm shelters shall be entered into with the Emeraencv Manaaemen~ Department, Division of Emergency Sorvices, U43 , 242 D. A Certificate o~ 0~cupancy shall be issued for the emeraencv storm shelter before occupancy of the twenty-sixth (26) unit is authorized. The shelter team shall be formed, trained and operational before a Certificate of OccuPancY is issued for the shelter. a. Any reaqired shQlter space as herein provided . _ may be~.eauallv desianed to incorDorate the above re~uirements and to serve a double DUrDOSe for the day-to-day n~9~S ~ Mobile home Dark residents as. Dart' of the common amenities .... regularly available to Dark residents. SECTION THREE: Amendments to Section' 7 of' Collier County Zoning. Ordinance. 82-2, As Amended. ~;'x.". Park, S~ejti%~'. ..... '_--_b~[,."'l ~mittea ~cCes&ory Uses and '~ Structures, _is hereby amended by adding ~ub;e~ion b.~)(d) to ~.:. 7.18.b..:..~__~ses.~a~d..Str~ctures:.. No b~iiding or structure, or ~rt.th~e~f,._sh~ll be.erected, altered, .or used, or i,' land or water used, in whole or in part, for other than the following:' .': 2) '~'ez'~i~ted'"Access0ry'uses and Structures: - "'(~ "Accessory' uses and structur~s customarily ~ . .....~ssociated..with mobile.ho~e .parks, including . ._patios,.. recreation facilities, administration i~] ...buildings, service buildings and utilities. ii '~b~il]P_riv~te_boat .houses .and do~ks."] ~sec~i%~ 8.46) ~,.!. !~ ('c) One (1) single-family dwelling in conjunction - with the operation of the MHRP. ~%~ Cd) Requirements and Standards for Hurricane ?' .Shelters: All new mobile home subdiv~sions which are 26 units or lar~er in size or existinu mobile home subdivisions which are the process of eEDandin~ and are located cateaorv 1. 2 and 3 hurricane vulnerabiliSM zones as soecified in the current National Oceanic and Atmospheric Administration's Storm Surge model ~SLOSH) shall be required to _. Provide emergency shelters, 3) permitted Provisional Uses and Structures: '~ (a) Civic or cultural facilities. :~,~ (b) Churches. (c) Upon completion and occupancy of fifty (50%) .... ~ percent or more of the designed lot capacity ~,;. of the mobile home rental park, convenience ~, establishments of a commercial nature, ~. including stores, laundry and dry cleaning . agencies, beauty shops and barber shops, may 4 be permitted in mobile home rental parks subject to the following restrictions: Such establishments and the parking area primarily related ~o their operation shall not occupy more than five (5%) percent of the area of the park~ shall be located, designed, and intended to serve the exclusive trade of the service · needs_..of persons residing in the park; and 2shalll..present no. visible evidence of their .commercial character from any portion of any ....public street or way outside the park. (d) Mobile home sales, pro g ~he following restrictions be met: .. (1) Such uses shall not occupy more than ten (10%) percent of the area of the park or two (2) acres, whichever is smaller. (2) The outside display area shall be treated with a hard surface of either concrete or plant mixed bituminous material except desirable landscaped areas which shall be separated from all paved areas. (3) A visual buffer shall be provided around the area of outside display adjacent to residential or mobile home park development or vacant land. ., (e) Owner occupied child care centers (See Section 8.48) ~-~:~ 4) Prohibited Uses and Structures: Any use or :~.,, " structure not specifically, provisionally or by :i~/' reasonable implication permitted herein, or permissible by special exception. SECTION FOUR: Amendments to Section 7 of Collier County Zoning Ordinance 82-2, As Amended. ~. Section 7, Subsection 7.18, MHRP - Mobile home rental park, is hereby amended to add Subsection 7.18c.9) to read as ?, follows: 7.18c.9: Requirements and Standards for 'Murricane ~helters: All new. or existing mobile home subdivisions iR the process of exDandina, which are 26 units or larger in size and are located in cate~or~ hurricane vulnerability zones as specified in the gurrent National Oceanic and Atmospheric Administration's Storm Surae model CSLOSH) shall be required to Provide emergency shelters. 1. Minimum shelter size shall be determined by the fQllowin~ formula: ':: The required shelter size - · (a~ 20 S~. ft. X (bi 1.75 x (c~ units x (d~ 50% a - the area approved for short-term shelter by the American Red Cross for sleepin~ space Der person. b - the occupancy rate of each mobile home or unit. g - the total number of lots in the subdivision. d - the average population rate OCCUDVin~ the subdivision durin~ the June through November %ime frame. !.~..,~ 2. Shelter Elevation: The shelter shall be elevated to a minimum heiaht eaual to. or above, worst case Cateaorv 3 flooding level ¢+16 feet above MSL) utilizina the current National Oceanic and Atmospheric Administration Storm Surae model "SLOSH" ~Sea. Lake and Overland Suraes from Hurricanes). 3. Shelter Construction: The' desian and construction of the~.:rec~uired shelters shall be auided by the wind loads aDD, led tO buildin~s and'structures designated as "Essential Facilit~es" in the Standard Building Code;1988 Edition. Table 1205. 4. Ai~ rec~lired-shelters shall provide the following: a. Ail shelters shall provide for adeauate alass protection by shutters or boards. b. All shelters shall be e~lDDed with adequate · emeraencv Dower. ~'' c. All shelters shall provide ~or adeuuate d. All shelters shall provide f~rst-aid e~uiDment. e.' All shelters shall provide potable water etora~e at the rate of 10 ~al./unit · 2. f. All shelters shall provide full kitchen facilities operated by natural or L.P. gas. g. Ail shelters--shall provide toilets and showers at the minimum rate of one fixture for every forty units e 2. h. All shelters shall Drovide a minimum 144 ScR3are foot locked storaae room. i. All shelters shall provide septrate rooms that can be used for nursin~ and office/ administration. 4. All shelters shall be available year round. k. All shelters shall have a ~helter team trai~ed by the Red Cross Shel~er Management Trainin~ Pro,ram. provided by the Dar~ ~a~a~ement. developer, association or other acceptable body, .. 1. All shelters shall have the Dark management confirm the availability of a shelter tea~ to the Emergency Management Department. EmergenCy Services Division. Prior to June lS~ O~ each year. m. All shelters shall Provide a perm, anent exterior wall sian size 2 feet x 2 feet to be locate~ the main entrance which shall identify the buildin~ as an emergency storm shelter, and capacity limits. _ n. All shelters shall provide a telephone and battery operated radio within the sheltgr. o. A written a~reement sDecifvin~ the use o~ shelter management team and the designated emeraencv storm shelters shall be entered int~ ~5~th the Emergency Manaqeme~ DePartment, Division of Emeroencv ServiceS, D. A Certificate of OccuPancY shall be issued for the emergency storm shelter before occupancy of the twenty-sixth ~263 uni~ iS authorized. The shelter team shall be formed, trained operational before a Certificate of OCCUDa~¢¥ iS issued for the shelter. ~. Any required shelter space as herein Drovided may be e~uallv desiuned to incorporate the abov9 re~uirements and to serve a double PUrPOse fo= the day-to-day needs of mobile home Dark residents as Dart of the common ~enitie~ '. regularly available to Dark residents. :" ~'.',. SECTION FIVE:. Conflict and Sev'erability In the event' this Or~inance conflicts with any other ..:,~ ordinance . of Collier- county. . or other applicable laws, the ~i~ more .rest. r_ic_tive_._s.h, alil_.app.ly.~__If _an.~.phra. se or portion, of this Ordinance. is. held .inva{id~or unconStitution'al by any court of c.omp, ete.~t Jur!sdic.t. ig~., such. portion shall be deemed a separate,. ~_distinct~.s and i~_dependent, provision, .and such holding shall_._n0t ...affect'..._the .v~alidity._of the remaining · ,~ portion. SE~O. sf~: '.iE~fe~-&iv~ Date This Ord*i~a'~ce ~s6~l£be.'~.~e. e~feetglve'/upon receipt of notice fr_o_~...~-_hG~...d-G~-~e~£~r~._'o~'~_-Sta? t~at this Ordinance has ~ASSED AN~ *DULy ADOPTED by the Board of County Commissioners of Collier County, Florida, ~his BOARD OF COUNTY COMMISSIONERS ~__~J'.~ . ~~. . · ~..~..~ ~O~E ~. STUDENT ~'~ of " of~_ 1~1 ~ ~k~l~e~ ~t ~~~ L _ ' ,~. OF FLORIDA ) )UNTY OF COLLIER ) I, JAMES C. GILES, Clerk of Courts in and for the th Judicial Circuit, Collier County, Florida, do hereby certify that th~ foregoing is a true copy of: Ordinance No. 91-28 which ~as adopted by the Board of County Commissioners on ~he 19~.h day of March, 1991, during Sps¢ta! Sass&on. WITNESS my hand and the official seal of the Board County Commlseioners of Collier County, Florida, thee 20th day of March, 1991. Clerk of Courts ~nd Ex-officio to Board of 2,, ~.~ ~' ',.'>~',,' 7, :.,~., County Commissioners, ~,~,. ' ~~, . ,. . %.r',~; . ,' ~ , · ~ . " /. By: /s/Maureen KenYon"