Ordinance 91-034 ORDINANCE NO. 91- 34
AN ORDINANCE AMENDING ORDINANCE NUMBER 82-2, THE
COMPREHENSIVE ZONING REGULATIONS FOR THE
UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY
AMENDING SECTION 7.9, A-2-RURAL AGRICULTURE
DISTRICT, AMENDING SUBSECTION 7.9b.1), PERMITTED
PRINCIPAL USES, BY ADDING PRINCIPAL USE (g) F~ILY
CARE FACILITIES, AMENDING SUBSECTION 7.9b.3),
PERMITTED PROVISIONAL USES AND STRUCTURES, BY
ADDING PROVISIONAL USES AND STRUCTURES, BY ADDING
PR6VISIONAL USE (p) GROUP CARE FACILITIES (CATEGORY
I ~kND CATEGORY II) AND CARE UNITS; AMENDING SECTION
7.~0, E-ESTATES DISTRICT, AMENDING SUBSECTION
7.10b.1), PERMITTED PRINCIPAL USES AND STRUCTURES,
BY ADDING PRINCIPAL USE (b) FAMILY CARE FACILITIES,
AMENDING SUBSECTION 7.10b.3), PERMITTED PROVISIONAL
USES AND STRUCTURES, BY AMENDING PROVISIONAL USE
(e) TO DELETE CONVALESCENT HOMES, HOSPICES, RE.~T
HOMES, HOMES FOR THE AGED, ADULT FOSTER HOMES,
CHILDREN'S HOMES AND REHABILITATION CENTERS, BY
ADDING PROVISIONAL USE (f) GROUP CARE FACILITIES
(CATEGORY I AND CATEGORY II), CARE UNITS, AND
NURSING HOMES; AMENDING SECTION 7.11,
RSF-RESIDENTIAL, SINGLE-FAMILY DISTRICt, AMENDING
SUBSECTION 7.lib.1), PERMITTED PRINCIPAL USES AND
STRUCTURES, BY ADDING PRINCIPAL USE (c) FAMILY CARE
FACILITIES, AMENDING SUBSECTION 7.11b.3) PERMITTED
PROVISIONAL USES AND STRUCTURES, BY AMENDING
PROVISIONAL USE (f) TO DELETE REST HOMES, HOMES FOR
THE AGED, ADULT FOSTER HOMES, HOSPICES, CHILDREN'S
HOMES, AND REHABILITATION CENTERS, AND TO ADD GROUP
CARE FACILITIES (CATEGORY I); AMENDING SECTION
7.12, RMF-6-RESIDENTIAL MULTI-FAMILY DISTRICT,
AMENDING SUBSECTION 7.12b.1), PERMITTED PRINCIPAL
USES AND STRUCTURES, BY ADDING PRINCIPAL USE (e)
FAMILY CARE FACILITIES, AMENDING SUBSECTION
7.12b.3) PERMITTED PROVISIONAL USES AND STRUCTURES,
BY AMENDING PROVISIONAL USE (f) TO DELETE REST
HOMES, HOMES FOR THE AGED, ADULT FOSTER HOMES,
HOSPICES, CHILDREN'S HOMES, AND REHABILITATION
CENTERS, AND TO ADD GROUP CARE FACILITIES (CATEGORY
I AND CATEGORY II); AMENDING SECTION 7.13,
RMF-12-RESIDENTIAL MULTI-FAMILY DISTRICT, AMENDING
SUBSECTION 7.13b.1), PERMITTED PRINCIPAL USES AND
STRUCTURES, BY ADDING PRINCIPAL USE (e) FAMILY CARE
FACILITIES, GROUP CARE FACILITIES (CATEGORY I AND
CATEGORY II), CARE L~ITS, AND NURSING HOMES;
AMENDING SUBSECTION 7.13b.3), PERMITTED PROVISIONAL
USES AND STRUCTURES, BY AMENDING PROVISIONAL USE
(e) TO DELETE REST HOMES, HOMES FOR THE AGED, ADULT
FOSTER HOMES, CHILDREN'S HOMES, REHABILITATION
CENTERS, AND HOSPICES, AND TO RELETTER ACCORDINGLY;
AMENDING SECTION 7.14, RMF-16-RESIDENTIAL
MULTI-FAMILY DISTRICT, AMENDING SUBSECTION
7.14b.1), PERMITTED PRINCIPAL USES AND STRUCTURES,
BY ADDING PRINCIPAL USE (d) FAMILY CARE FACILITIES,
GROUP CARE FACILITIES (CATEGORY I AND CATEGORY II),
CARE UNITS, AND NURSING HOMES; AMENDING SECTION
7.15, RT-RESIDENTIAL TOURIST DISTRICT, AMENDINg"
SUBSECTION 7.15b.1), PERMITTED PRINCIPAL USES AND
STRUCTURES, BY ADDING PRINCIPAL USE (d) FAMILY CARE
FACILITIES, GROUP CARE FACILITIES (CATEGORY I AND
CATEGORY II), CARE UNITS, AND NURSING HOMES;
AMENDING SECTION 7.16, VR-VILLAGE RESIDENTIAL
DISTRICT, AMENDING SUBSECTION 7.~6b.1), PERMITT~
PRINCIPAL USES AND STRUCTURES, BY ADDING PRINCIpaL
.;~-~SE (e) FAMILY CARE FACILITIES, AMENDING SUBSECTION
.gl
7.16b. 3), PERMITTED PROVISIONAL USES AND
STRUCTURES, BY AMENDING PROVISIONAL USE (g) TO ADD
GROUP CARE FACILITIES (CATEGORY I AND CATEGORY II),
AND BY AMENDING PROVISIONAL USE (p) TO DELETE REST
HOMES; AMENDING SECTION 7.17, MI{SD-MOBILE HOME
SUBDIVISION DISTRICT, AMENDING SUBSECTION 7.17b. X),
PRINCIPAL USES AND STRUCTURES, BY ADDING PRINCIPAL
USE (c) FAMILY CARE FACILITIES; AMENDING SECTION
7.18, MHRP-MOBILE HOME RENTAL PARK, AMENDING
SUBSECTION 7.18~.1) , PERMITTED PRINCIPAL USES AND
STRUCTURES, BY ADDING PRINCIPAL USE (b) FAMILY CARE
FACILITIES; AMENDING SECTION 7.20, C-l-COMMERCIAL
PROFESSIONAL DISTRICT, AMENDING SUBSECTION
7.20b.1) , PERMIttED PRINCIPAL USES AND STRUCTURES,
BY AMENDING'/~RINCIPAL USE. (d) TO ADD CARE UNITS AND
GROUP CARE FACILITIES (CATEGORY I AND CATEGORY II)
AND TO DELETE HOMES FOR THE AGED, HOSPICES, AND
SANATORIUMS, AND BY AMENDING PRINCIPAL USE (g) TO
DELETE REST HOMES AND 'CONVALESCENT CENTERS AND BY
REQUIRING NURSING HOMES TO BE SUBJECT TO SECTION
8.53; AMENDING SECTION 7.22, 'C-3-COMMERCIAL
INTERMEDIATE, AMENDING SUBSECTION 7.22b.1),
PERMITTED PRINCIPAL USES AND STRUCTURES, BY
AMEr~DING PRINCIPAL USE (c) TO ADD CARE UNITS, BY
AME~DING PRINCIPAL USE. (g)2 TO ADD GROUP CAP~
FACILITIES (CATEGORY I:AND'CATEGORY-II), BY
AME~IDING PRINCIPAL USE (h) TO DELETE HOMES FOR THE
AGED AND HOSPICES, BY AMENDING PRINCIPAL USE (1) TO
ADD NURSING HOMES, AND' BY AMENDING PRINCIPAL USE
(p) TO DELETE SANATORIUMS; AMENDING SECTION 7.23,
C-4-COMMERCIAL GENEP3J~, AMENDING SUBSECTION
7.23b.1), PERMITTED PRINCIPAL USES AND STRUCTURES,
BY ~J~ENDING PRINCIPAL USE (c) TO ADD CARE UNITS, BY
AMENDING PRINCIPAL USE (g) TO ADD. GROUP CARE
FACILITIES (CATEGORY I AND CATEGORY"II), BY
AMENDING PRINCIPAL USE (h) TO DELETE HOMES FOR THE
AGED AND HOSPICES, BY AMENDING PRINCIPAL USE (m) TO
ADD NURSING HOMES, BY AMENDING PRINCIPAL USE (p) TO
DELETE REST HOMES, AND BY AMENDING PRINCIPAL USE
(q) TO DELETE SANATORIUMS; AMENDING SECTION 7.24,
C-5-COMMERCIAL INDUSTRIAL DISTRICT, AMENDING
SUBSECTION 7.24b.1), PERMITTED PRINCIPAL USES AND
STRUCPURES, BY AMENDING PRINCIPAL USE (c) TO ADD
CARE UNITS, BY AMENDING PRINCIPAL USE (g) TO ADD
GROUP CARE FACILITIES (CATEGORY I AND CATEGORY II),
BY AMENDING PRINCIPAL USE (h) TO DELETE HOSPICES,
BY AMENDING PRINCIPAL USE (m) TO ADD NURSING HOMES,
BY AMENDING PRINCIPAL USE (p) TO DELETE REST X4OMES,
AND BY AMENDING PRINCIPAL USE (q) TO DELETE
SANATORIUMS; AMENDING SECTION 7.24. l,
C-6-COMMERCIAL PROFESSIONAL INFILL DISTRICT,
AMENDING SUBSECTION 7.24.1b.3), PERMIttED
PROVISIONAL USES AND STRUCTURES, BY AMENDING
PROVISIONAL USE (d) TO DELETE REST HOMES, HOMES FOR
THE AGED, ADULT FOSTER HOMES, AND REHABILITATION
CENTERS, AND TO ADD CARE UNITS, GROUP CARE
FACILITIES (CATEGORY I AND CATEGORY II), AND
NURSING HOMES; AMENDING SECTION 8.23, OFF-STREET
PARKING AND STACKING: REQUIRED AMOUNTS, RESIDENTIAL
USES, BY ADDING FAMILY CARE FACILITY, GROUP CARE
FACILITY (CATEGORY I AND CATEGORY II), AND CARE
UNIT TO THE LISTING OF USES SUBJECT TO OFF-STREET
PARKING AND STACKING CRITERIA AND BY DELETING THE
REFERENCE TO CONVALESCENT HOME, HOME FOR THE AGED,
AND REHABILITATION FACILITY AND BY DELETING THE TWO
(2) PER 5 BEDS CRITERIA AND BY ADDING CRITERIA SET
FORTH IN SECTION 8.53; AMENDING SECTION 8.28,
OFF-STREET LOADING REQUIREMENTS, AMENDING
243
Words-~r~-~hr~h are deleted; words ~nderlin~ are added.
SUBSECTION 8.28c., TO ADD NURSING HOMES AND CARE
UNITS TO THE LISTING OF USES SUBJECT TO OFF-STREET
LOADING REQUIREMENTS; AND BY ADDING A NEW SECTION
8.5~, LOCATION REQUIREMENTS FOR GROUP IlOUSING;
AMEI~DING SECTION 20, DEFINITIONS, TO REVISE THE
DEFINITIONS OF "CONVALESCENT HOME", "DETOXIFICATION
CENTER", "HOSPICE", AND "NURSING HOME", AND TO
DELETE THE DEFINITION OF "HOME FOR THE AGED", AND
TO DEFINE THE FOLLOWING: "ADULT CONGREGATE LIVING
FACILITY (ACLF)", "CARE UNIT", "FAMILY CARE
FACILITY", "GROUP CARE FACILITY (CATEGORY I AND
CATEGORY II)'",~'"GROUP HOME", "GROUP HOUSING", AND
"GROUP HOUSING UNIT"; BY PROVIDING FOR CONFLICT AND
SEVERABILITY~ AND'BY'PROVIDING AN EFFECTIVE DATE.
WHEREAS, 'Cha~ter' 125, Florida Statutes, establishes the
right aha power of counties to' prOvide'for the hea~th,
welfare and safety of existing and future residents by
enacting'-and enforcing' zoning and buSihess regulations
necessary for th~" ~r0~c~ion. of' th~- pu~li~; and -.
WHEREAS, Chapter 163,.Part II", (Local Government
Comprehensive Planning'and Land Dag&'lopmenti'Regulation Act),
Florida Statutes, provides that counties shall have the power
and responsibility to plan comprehensively for their future
development, and growth-including the adoption and
implementation of appropriate .l~nd development regulations
which ake necessary or.desirable to implement a comprehensive
plan, including the regul~tibn of land uses and zoning as
provided'ih Section 16323202, Florida Statutes; and
WHEREAS, the Future Land Use Element of the Growth
Management Plan requires that certain Land Development
Regulations be adopted to implement the Plan; and
WHEREAS, Policy 5.8 of the Future Land Use Element
requires that Adult Congregate Living Facilities (ACLFs) and
other types of elderly housing be permitted within the Urban
Designated Area at a maximum density of 26 units per acre,
that applications be reviewed on a case by case basis with
the, actual density being calculated during this process, and
that the Zoning Ordinance be amended to establish permitted
densities for this type of development based on the size of
the.living units, and Objective 1.7 of the Housing Element
requires that provision for the location in predetermined
Words-s~=k-~h=eugh are deleted; words underlined are added.
areas, of group homes, residential treatment and foster care
facilities be addressed in_ the Land Development Regulations;
Wq{EREAS, the Golden Gate Area Master Plan of the Growth
Management Plan permits various types of provisional uses in
residential zoning'districts within the Golden Gate Estates
Designated Area; and
W/~EREAs, the Golden Gate Area Master Plan requires that
ACLFs, other types of elderly housing, group homes,
residential treatment facilities, and foster care facilities
which met the provisional use locational criteria be
permitted within the Golden Gate Estates Designated Area at a
maximum-density-of 26-units per acre, that applications be
reviewed, on a case by case basis with the actual density
being~.ca-lculated during this-process,.-and that the Zoning
Ordinance be amended to establish permitted densities for
this type of development based on the size of the living
units; and
.WHERFAS, the Collier County Planning Commission (Local
Planning Agency) has determined that.this proposed zoning
ordinance (Locational Criteria for Group Homes, Residential
Treatment Facilities, and Foster Care Facilities) is
consistent with the adopted Growth Management Plan as
required by Section 163.3194(2)(a}, Florida Statutes;
NOW, THEREFORE BE IT ORDAINFD by the Board of County
Commissioners of Collier County, Florida:
SECTION ONE:
Ordinance 82-2, the Comprehensive Zoning Regulations for
the Unincorporated Area of Collier County, Florida, Section
7~9, A-2 - Rural Agriculture District, Subsection 7.9b.1),
Permitted Principal Uses, is hereby amended by adding
Principal Use (g) Family Care Facilities, as follows:
(g) Family Care Facilities {subject to Section 8.53%.
Words-st~uek-th~u~h are deleted; words underltn~ are added.
SECTION TWO:
Ordinance 82-2, the ComprehensiYe Zoning Regulations for
the Unincorporated Area of Collier County, Florida, Section
7.9, A-2 - Rural Agriculture District, Subsection 7.9b.3),
i Permitted Provisional Uses and Structures, is hereby amended
by,adding Provisional Use (p) Group Care Facilities (Category
I~and Category II) and Care Units, as follows:
CD~= Group Care Facilities ¢Cateaorv I and Cateaorv
i~ -. Dnd Care Units Csub~ect to Section 8.53).
· SECTION_THREE:
Ordinance 82-2, the Comprehensivs Zoning Regulations for
the Unincorporated Area of Collier County, Florida, Section
7~lO~..E-Estates District, Subsection 7~10b.1), Permitted
Principal Uses and Structures, is hereby amended by adding
Principal Use (b) .Family~Care--Facilities, as follows:
fb~ ¥~mi1¥ Care Facilities Csub~ect~to Section 8.53).
SECTION FOUR:
ordinance 82L2, the Comprehensive Zoning Regulations for
the Unincorporated Area of Collier County, Florida, Section
7.1.0, E-Estates District, Subsection 7.~0b.3), Permitted
Provisional uses and Structures, is hereby amended by
a~ending Provisional Use (e) to delete convalescent homes,
hospices, rest homes, homes for the aged, adult foster homes,
children's homes and rehabilitation centers and to add
Provisional Use (f) Group Care Facilities (Category I and
Category II), Care Units, and Nursing Homes, as follows:
(e) Owner occupied child care centers (Subject to
Section 8.48)~-~nYe~esee~-h~mesT-h~s~eesT-~es~
h~mesT-h~mes-~-~he-age~-e~-~es~-h~mes~
(f) SVQup ¢~re Facilities (Category I and C~t~orv II):
Care Units: and Nursin~ Homes fsub4ec~ ~Q Section
8.53).
SECTION~FIVE:
Ordinance 82-2, the Comprehensive Zoning R~gulattons for
the Unincorporated Area of Collier County, Florida, Section
Words-st~-~h~o~h are deleted; words underlined are added.
--5--
7.11,'RSF-Residential, Single-Family District, Subsection
7.lib.l), Permitted Principal Uses and Structures, is hereby
amended by adding Principal Use (c) Family Care Facilities,
as follows:
.... (¢) ~amilv Care Facilities (sub~t to Section 8.53).
SECTION°SIX:
~n~Ord~nance 82-2, the Comprehensive Zoning Regulations for
the Unincorporated Area_of ~Collier~_County,. Florida, Section
7.11, RSF-Residential, Single-Family District, Subsection
7%~1b.3), Permitted Provisional Uses and Structures, is
hereby amended by amending Provisional Use (f) to delete rest
homes~ homes for the aged, adult foster homes, hospices,
children's homes and rehabilitation centers and to add Group
Care[~Facilities (Category I), as follows:
Re~-hemesr-homes-~e~-%he-a~e~7-ad~-~es%e~-hemes~
Group Care Facilities ¢Cate~orv I~ (sub4ect %~
Section 8.53).
SECTION SEVEN:
Ordinance 82-2, the Comprehensive Zoning Regulations for
the Unincorporated Area of Collier County, Florida, Section
7.12, RMF-6-Residential Multi-Family District, Subsection
7.12b.1), Permitted Principal Uses and Structures, is hereby
amended by adding Principal Use (e) Family Care Facilities,
as follows:
Ce) Family Care Facilities Csub~ect to Section 8.53).
SECTION EIGHT:
Ordinance 82-2, the Comprehensive Zoning Regulations for
th.~ Unincorporated Area of Collier County, Florida, Section
7.112, RMF-6.-Residential Multi-Family District, Subsection
7.12b.3), Permitted Provisional Uses and Structures, is
hereby amended by amending Provisional Use (f) to delete rest
homes, homes, for the aged, adult foster homes, hospices,
children's homes and rehabilitation centers and to add Group
Care Facilities (Category I and Category II), as follows:
Words-~t~u~-~h~u~h are deleted; words underlined are added.
--6--
(f) Re~b-Homes?-homes-for-~he-a~ed?-adu½t-~oster-homesz
ho~piee~?-ehi~ren~s-homesr-~ehabi½i~at½en-een~ers
Group Care Fo¢ilities (Categ0rv I ami C~tQ~orv II)
(sub~ec~ to Section
SECTION NINE:
Ordinance 82-2, the Comprehensive Zoning Regulations for
the U~incorporat~ed~Area of Collier County, Florida, Section
7.13, RMF-12-Residential Multi-Family District, Subsection
7.~3b.1), Permitted Principal Uses and Structures, is hereby
amended by adding Principal Use (e) Family Car~ Facilities,
Group Care Facilities (Category I and Category II), Care
Ce) family Care Facilities: Grou~ Care ?a¢ili~
(coteqorv I and Cateqorv IZ): Care Units~ and
Nursin~ Homes (subject to section
SE~ION TEN:
Ordinance 82-2, the Comprehensive Zoning Regulations for
the Unincorporated--Area--of-.Col~ier-County,-Floridai Section
7.1a, ~Mf-12-Resi~entiai Muiti-~amily ~istrict, Subsection
7.13b.3), Permitted ?rovisional Uses and Structures, is
hereby amended by deleting Provisional Use (e), rest homes,
homes for the aged, adult foster homes, childrents homes,
rehabilitation centers and hospices, as follows, and to
reietter accordingly.
fe~ Res~-homesz-homes-fo~-~he-a~ed7-ad~E~-fss~e~
homes~-eh&id~en~s-hemes?-~ehabi~i~a~ion
eenbersT-hospEees?
SECTION ELEVEN:
Ordinance 82-2, the Comprehensive Zoning Regulations for
the Unincorporated Area of Collier County, Florida, Section
7.14, RMF-16 - Residential Multi-Family District, Subsection
7.14b.1), Permitted Principal Uses and Structures, is hereby
amended by adding Principal Use (d) Family Care Facilities,
Group Care Facilities (Category I and Category II), Care
Unit~, and Nursing Homes, as follows:
~_~m__ilv Care Facilities: Group Care Facilitie~
¢Cate~orv I and Category II~: Care Un~t~;
Nursinq Homes (subject to Section 8.53).
Words-s~-~h~h are deleted; words ~u3der~ are added.
SECTION TWELVE:
Ordinance ~2-2, the Comprehensive Zoning Regulations for
the Unincorporated Area of Collier County, Florida, Section
7.1~, RT - Residential Tourist District, Subsection 7.15b.1),
Permitted Principal Uses and Structures, is hereby amended by
adding Principal Use (d) Family Care Facilities, Group Care
Facilities (Category I and Category II), Care Units, and
Nursing Homes, as follows:
Familv Care Facilities: Group Care Facilities
(Category I and Category II}: Care Units:
Nursing Homes Csub4ect to Section 8.53},
SECTION THIRTEEN:
Ordinance 82h2, the Com~r~henskve' Z0n~g Regul~tions for
the Unincorporated Are~ of coliier county, Florida, Section
7.16, %rR-Village Residential District, Subsection 7.16b.1),
Permitted Principal Uses and Structures, is hereby amended by
adding Principal Use (e) Family Care Facilities, as follows:
~e) ~_~milv Care Facilities Csub~ect to Section
SECTION FO~(TEEN:
Ordinance 82-2, the Comprehensive Zoning Regulations for
the Unincorporated Area of Collier
County,
Florida,
Section
7.16~ %rR-Village Residential District, Subsection 7.16b.3),
Permf~tted Provisional Uses and Structures, is hereby amended
by a~ending Prov~sion~ U~e' (g) to. add Group Care Facilities
(Cat(~gory I and Category II), and amending Provisional Use
(p) to delete rest homes, as follows:
(g) Garden supply stores - outside display in rear;
general offices; gift shops; glass and mirror sales
- which may include storage and installation;
gourmet shops: and Group Care Facilities (Category
/~and Category II) Csub4ect to Section 8.53}.
(p) Radio and television sales and services; research
and design labs; ~es~-h~mes~ restaurants - not
including drive-ins. (See Section 8.11).
SECTION FIFTEEN:
Ordinance 82-2, the Comprehensive Zoning Regulations for
the Unincorporated Area of Collier County, Florida, Section
Words-struck-through are deleted; words ~_~nderlined are added.
--8--
7.17, MHSD-Mobile Home Subdivision District, Subsection
7.17b.1), Principal Uses and Structures, is hereby amended by
adding. Principal Use (c) Family Care Facilities, as follows:
,.' (c) Family Care Facilities Csub~ec$ to Section 8.53)L
SECTION SIXTEEN:
- :. Ordinance 82-2, the Comprehensive Zoning Regulations for
the.Unincorporated Area of Collier County, Florida, Section
7...18;--KHRP-Mobile Home Rental Park, Subsection 7.18b.1),
Permitted Principal Uses and Struqtures, is hereby amended by
adding pri~Clpa~"Use (b')i-Fa~f~~' ~e-'Fa6~!fties~ as follows:
.'~" (b) Family Care Facilities Csub4ect to Se~tio~
SECTION SEVENTEEN:
7-- .Ordinance 82-2, the Comprehensive Zoning Regulations for
the~Unincorporated Area of Collier County, Florida, Section
7~.20,-C-l-Commercial Professional-District, Subsection
7.20b.1), Permitted Principal Uses and Structures, is hereby
amended by amending.Principal Use (d) to add Care Units and
Group Care Facilities (Category I and Category II) and to
delete homes for the aged, hospices, and sanatoriums and
amending Principal Use (g) to delete rest homes and
convalescent centers and to add the req~/irement that nursing
homes-are subject to Section 8.53, as follows:
(d) Care Units and Group Care Facilities ~Cate~orv I
~Dd Category II) (subject to Section 8.53) and
Homes-~-~he-age~ hospitals~-h~s~es-a~d
~na~or~ms~
(g) Real estate offices; research design and
development activities; =es~-homes~-=~nYa}es=en~
een~e~s~ and nursing homes~ (subject to Section
~.53~.
SECTION EIGHTEEN:
Ordinance 82-2, the Comprehensive Zoning Regulations for
the Unincorporated Area of Collier County, Florida, Section
7.22, C-3-Commercial Intermediate, Subsection 7.22b.1),
Permitted Principal Uses and Structures, is hereby amended by
amen~l-ng Prlnclpa% ~se (c) ~o e~ Care ~n~s, amending
Woras-s~e~-~h~.~h are deleted; words mn~t~tlined are added.
--9--
Principal Use (g) to add Group Care Facilities (Category I
and Category II), amending Principal Use (h) to delete homes
for the. aged and hospices, amending Principal Use (1) to add
nursling homes, and amending Principal Use (p) to delete
sanatoriums, as follows:
(c). Care Units (sub4eq~ to Section 8.53%: e~arpet and
floor covering sales (including storage and
.-.2...£rinstallation); child care centers; churches and
other places of worship; clothing stores;
,.:~.- confectionery and candy stores.
(g) Gift shops; gourmet shops,: and GROUP Care
FaG~ities {Cateaorv I and Cateaorv III Csub4ect to
-~ ~ection 8.53~.
(h) Hardware stores; health food mtoree; hobby supply
utores~-h~mas-~r-~ha-a~ed~ : and hospitals~ ama
hos~ees~
(1) Meat market; medical:.office or' clinic for human
care; millinery shops; museums; music stores~ : and
..- ~ursin~ homes (sub~ect to Section
(p) souvenir stores; stationery stores; shopping
centers (See Section 10.5)T : and supermarkets~ am~
SECTION NINETEEN:
Ordinance 82-2, the Comprehensive Zoning Regulations for
the Unincorporated Area of Collier County, Florida, Section
7.23,1C-4-Commercial General, Subsection 7.23b.1), Permitted
Principal Uses and Structures, is hereby amended by amending
Principal Use (c) to add Care Units, amending Principal Use
(g) to add Group Care ~acilities (Category I and Category
II), amending Principal-Use (h) to delete homes for the aged
and hospices, amending Principal Use (m) to add nursing
homes, amending Principal Use (p) to delete rest homes, and
amending Principal Use (q) to delete sanatoriums, as follows:
(c) Care Units (subject to section 8.53); e~arpet 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.
(g) Garden supply stores - outside display in side and
rear yards; gift shops; glass and mirror sales -
including storage and installation; gourmet shops~
and G~Qup Care Facilities ¢Cate~orv I and Category
II) Csubjec~ to Section 8.53).
Words-s~r~eK-~h~h are deleted; words underline~ are added.
(h) Hardware stores; hat cleaning and blocking; health
. ' food stores; homes-~o~-%ha-aged~ hospitals and
hosp~ees=; hotels, motels and time share facilities
"' when located within an Activity Center as
designated in the Future Land Use Element and
· Future Land Use Map of the Growth Management Plan.
-' (m) Hew car dealerships - outside display permitted;
news stores; night clubs (See Section 8.11)v : and
~ursin~ homes {sub4ect to Section 8.53).
(p) Radio.and television sales and services; radio
stations (offices and studios), and auxiliary
transmitters and receiving equipment, but not
principal transmission tower; research and design
labs; res~-h~mes~ restaurants - including drive-in
or fast food.restaurants (See Section .8.11).
(q) shoe repair; shoe stores; shopping centers (See
Section 10.5); souvenir stores; stationery stores;
and supermarkets
SECTION TWENTY:
Ordinance 82-2, the Compre~e~sive_Zoni~g Regulations for
the Unincorporated Area of coii~'-~6~nt~',~ ~lOgida, Section
7.24, C-5-Commercial industrial'61~tric~'Subse~tion
7.24b.1), Permitted Principal Uses and Structures, is hereby
amended by amending Principal Use (c) to add Care Units,
amending Principal Use (g)to add Group Care Facilities
(Category I and Category II), amending Principal Use (h) to
delete hospices, amending Principal Use (m) to add nursing
homes, amending Principal Use (p) to delete rest homes, and
amending Principal Use (q) to delete sanatoriums, as follows:
(c) Care Units Csub4ect to Section 8,~); e~abinet
shops; canteen services; carpet storage and
installation; carpet floor covering sales which may
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.
(g) Garden supply stores - outside display in side and
rear yards; gift shops; glass and mirror sales
which may include storage and installation; gourmet
shops; Group Care Facilities ¢Cate~orv I and
Category II} (subject to Section 8.53): gunsmiths.
(h) Hardware stores; hat cleaning and blocking; health
food stores; hobby supply stores; hospitals
hasp&eec?; hotels, motels and time share facilites
when located within an Activity Center as
Words-s%~uek-%h~h are deleted; words ~ are added.
3'30
designated in the Future Land Use Element and
Future Land Use Map of the Growth Management Plan.
(m) New car dealerships - outside display permitted;
news stores; night clubs (See Section 8.11)~ and
nursinq homes (sub%ect to Section 8.53~.
(p) Radio and television stations and transmitters, but
not tower; radio and television sales and services;
research and design labs; rem~-hemes~ restaurants
including_drive-ins or fast food restaurants;
retail and repair establishments 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 automobile vehicle wrecking yards),
heavy machinery and equipment, farm equipment;
retail establishments for sale of farm supplies,
lumber and building supplies, monuments, and
similar uses.
(q) Secondhand stores, service establishments catering
to commerce and industry; sign company; sign
' :'::. - painting shops; shoe repair; shoe stores; shopping centers (See Section 10.5); souvenir stores;
." stationery stores;'sup~markets; and swimming pool
maintenance shops
SECTION TWENTY-ONE:
Ordinance 82-2, the Comprehensive Zoning Regulations for
the Unincorporated Area of Collier County, Florida, Section
7.24.1, C-6-Commercial Professional Infill District,
Subsection 7.24.1b.3), Permitted Provisional Uses and
Structures, is hereby amended by amending Provisional Use (d)
to delete rest homes, homes for the aged, adult foster homes,
and rehabilitation centers and to add Care Units, Group Care
Facilities (Category I and Category II), and Nursing Homes,
as follows:
~md-~ehaB&}~a~on-een~e~s~ Care Units. Group Care
Facilities (Category I and Cateqor¥ II). and
Nu.r~n~ Homes (subject to Section 8.53~.
SECTION TWENTY-TWO:
Ordinance 82-2, the Comprehensive Zoning Regulations for
the Unincorporated Area of Collier County, Florida, Section
8.23,'Off-Street Parking and Stacking: Required Amounts,
Residential Uses, is hereby amended to add Family Care
Facility, Group Care Facility (Category I and Category II),
and Care Unit to the listing of uses subject to off-street
Words-s~¢~-~hr~h are deleted; words underline~ are added.
parking and stacking criteria and by deleting the reference
to convalescent home, home for the aged, and rehabilitation
facility and by deleting the two (2) per 5 beds criteria and
adding criteria set forth ~i~ Section 8.53, as follows:
eenva}es~en~-H~me? Nursing Home;-Home-~r-~he-AgedT
Rehab~a~n-Fa~½~y~ ~ami~y Care Facil~tv. Group
Care Facility ¢Cate~orv I'and Category II). and Care
Unit - Tw~-~}-De~-$-Bedsr ~ge Section 8.53.
SECTION TWENTY-THREE: .
Ordinance 82~2, the Comprehensive Zoning Regulations for
the Unincorporated Area of Collier County, Florida, Section
8.28, Off-Street Loading Requirements, Subsection 8.28c., is
hereby amended to add nursing homes and care unite to the
listing of uses subJect.to'-off-street loading requirements,
as follows: " ~
' ..... C. For each auditorium, convention hall, exhibition
hall, museum, hotel or motel, office building,
sports arena, stadium, two (2) or more buildings or
uses may be permitted, provided that such
off-street loading facilities are equal in size and
capacity to the combined requirements of the
several buildings or uses and are designed,
located, and arranged to be usable thereby;
· . hospitals, nursin~ homes, care units, sanatoriums7
welfare institutions, or similar uses which have an
aggregate gross floor area of:
Over 5,000 square feet, but not over 20,000 square
feet: one (1) space; plus for each additional
25,000 square feet (over 20,000 square feet) or
major fraction thereof: one (1) space.
SECTION TWENTY-FOUR:
Ordinance 82-2, the Comprehensive Zoning Regulations for
the Unincorporated Area of Collier County, Florida, is hereby
amended to add a new Section, Section 8.53, Location
Requirements for Group Housing, to read as follows:
8.53 Location Re~uirement$ for Group Housing:
a. ~11 Group Housin~ structures shall meet the
~ollQwin~ requirements in addition to the
r~quirements specified for each tvDe of structure:
11 Site Development Plan (SDP) aDDroval in
~onformance with Section 10.5 of Zoninu
Ordinance 82-2. as amended (with the exceotion
of a Family Care Facility).
All applicable State and County bqildin~ an~
fire code standards.
43 r332
Words-s~ruek-~hr~u~h are deleted; words ~nderlin~ are added.
3_k All applicable State and ~OUDtY licensing
requirements,
~. ?'amity Care Facility: A Family Care Facility shall
be treated as a single dwelling unit for the
~urpose of determining applicable development
st3ndauds and, therefore, shall conform to the
standards identified for a sinGle-family dwelling
... u~nit or mobile home in.the ~onina distric~ ~gsiqned
to the_propert¥ as well as other applicable
standards found ~D ~on~nq Ordinance 8~-2, as
-~- amended ..... 'However, a Dew ~amilv Care Facilitv shall
not be located within a radius of 1,000 feet o~
~- .... another exis%%nq Familv Care Facility.
c__~. Group Care Facility (Category I and Category II]:
A Group Care Facility shall be Governed by the
development standards identified in the zonin~
Qistr~ct assiqned to the property and th~ followin~
standards:
Minimum Habitable Floor ~rea; 1.50Q square
feet plus ~00 sGuare feet per live-in person.
-beqi~ninG-with the seventh, live-in person.
M%nimum Lot Area~ 6,000 square feet plus
1,500 square feet per live-~p person,
beginnin~ with the seventh live-in person.
~arkin~ ReGuired: 2 Parking spaces per $
beds (Minimum requ%rement: 2 parking spaces),
4_1 Separation ~eGuirements:
a) A Dew Group Care Facility shall be
.. required to be located Greater than a
radius of 1,200 feet from any other
existin~ Group Care Facilit~ Capplicable
tO ~be ]RMF-6, RM~-12. RMF-16, BT. add VR
~onSng d~stricts),
b_l A Dew Group Care Facility shall be
req_~.~ed to be located Greater than a
~dius..Qf 500 feet from any other
existing GVOUP ~are Facilitv (applicable
to the A-2, ~states. and RSF 1-5 zoning
~istricts),
c__k Q~stance requirements shall be measured
~lonG a straight line from the nea~S~
po%pt of the existing Grou~ Care Fa~l%ty
to the Dearest point o~ thg proposed new
Group Care FacilitY.
5_k Special Set__~back Requiremen~i Fo structure
shall be erected within 20 feet of any
abutting lot or parcel which is :~
~esidential. nor within 25 feet of a road
riqht-o~-wa¥,
6__k Landscamin~ Requirements: As per Sections
8 3 a 7 Or as may be deemed appropriate
during site development plan review,
d__~. Care Up,t: A Care Unit shall be Governed.by the
development standards identified in the zoning
district assiqned to the property and the fol].owinq
standards; ~ ~43 ~'~.[ ~'33'
Words-stareR-through are deleted; words ~nderlineg are added.
-14-
1) ZaxiDum permitted Density: 26 group housiD_q
~its Der Gross acre.
ParkiDq Required: 2 parking smaces Der 5
beds. (Minimu~ requirement: 2 parking
~paces),
3) Special Setback ReGuirements: NQ structure
shall be erected within 20 feet of any
abutting lot or p~rce~ which is zoned
residential, nor Within 25 feet of a road
riqht-Q~-way.
Land~c~piDg Requirements: As Der Sections
8.30 a~d 8,37 or as may ~e de¢~ed appropriate
d~uring site deve~opmeDt plan review__~.
e. ~u~sinG Hom~: A Nursing Home shall be ~overned by
the development standards identified in the zoning
distric%...assiqned to the property and the following
s__~tandards~
Maximum ~ermitted DensitY: 26 ~rO~P bgus~nq
uDits Der qross acre. ............
Parking ReGuir&~: 2 Park~n'~ ~p'~es Der 5
bed~, CMiDimum reGuirement: 2 Parking
spaces~ ,
3_]. Specia% Setback ~eg_g~rements: No structure
shal% be erected within 20 feet of any
abutting lot or parcel which is zoned
resideDt~al, nor w%thin 25 feet of a road
right-of-way.
4_1_ bandscaDing ReGuirements: As per Sections
8,30 add ~,37 or as may be deemed appropriate
during site development plan review.
SECTION TWENTY-FIVE:
Ordinance 82-2, the Comprehensive Zoning Regulations for
the Unincorporated Area ~f Collier County, Florida, Section
20, Definitions, shall be amended to revise the definitions
of "Convalescent Home", "Detoxification Center", "Hospice",
and "Nursing Home" as follows:
Convalescent Home: See Nursing HomeT-Res%-H~me?-~
Detoxification Center:
a-hosp~ta~-~-n~rs~-home? A S~eh facility shaCk-be
for the temporary emergency shalter of intoxicated
persons, or those persons suffering from alcoholism,
drug abuse or other similar condition for the purpose of
detoxification. See grOUP Care Facility ~_~ate~or¥ II~
or Care Unit.
Hospice: An institution designed to provide comfort and
relief for the emotional and physical needs of the
terminally ill. See Group Care Facility (CateGory I)
~are Unit.
3'34
Words-str~¢)~-~h~e~h are deleted; words under~iged are added.
ham
Nursing Home: 7-Rest-Home-e~-Ex~ende~-eare-Fae~½~%y-e~
A~u~%-een~rega~e-B~¥~mg-Fae~%~e A private home,
institution, building, residence, or other place,
whether operated for profit or not, including those
places operated by units of government, which undertakes
through its ownership or management to provide for a
period exceeding twenty-four (24) hours, maintenance,
person .1 care, or.nursing for ~h~ee-~-er-m~e persons
not related by blood or marriage to the operator, who by
reason of illness, physical Qr mental infirmity, or
advanced age, 'are unable to care for themselves~
o~e~n~-se~¥~ces-~o~v~ess-ehan-~hmeev~-pe~sens-whe~e
This tvQe of facility is desiQned to a~¢o~gdat~ three
~3) or more Qer~ons and is comprised of iDdividual qrouD
housin~ units.
SECTION TWENTY-SIX:
Ordinance 82-2, the Comprehe~siQe-Z~ingRegulations for
the Unincorporated Area_of_Collier~County,~~Florida, Section
20, Definitions~'~hall be ~mended to delete the definition of
"Hom~ for the Aged" as follows:
prev~edv--A-heme-~er-~he-ageS-~s-&m-.~he-ma~re-e~-a
nars&n~-hcmer-h~-w~%h-e~&enee~e-res%~&e~e~-%e-~he-a~e~v
SECTION TWENTy-SEvEN' --
Ordinance 82-2, the comPrehe~sive'Zoning Regulations for
the Unincorporated Area of Collier County, Florida, Section
20, Definitions, shall be amended to add the definitions of
"Adult Congregate Living Facility (ACLF)", "Care Unit",
"Family Car~ Facility", "Group Care Facility (Category I and
Category II;", "Group Home", "Group Housing", and "Group
Housing Unit::' in alphabetical order as follows:
~dult congregate Livin~ Facility fACLF]: Any
])uildin~(s}. section of a building, distiDct part of a
))uild~_~. residence, private home. boarding home. or
$)ther p_~ace, whether operated for Drofit or not. which
~lD~ertakes through its ownership or managem~n~ tQ
provide for a period exceedin, twenty-four (24~ hours.
housing, foQd service, and ode or more pgrsQDa~ services
J~or four or more adu%ts, not related ~o the owner or
administrator by blood or marriage, who require such
I;ervic¢~ and to Provide limited nursing services, whe~
I~pecifically %iceDse~ to do so Pursuant to Florida
~tDtute 400.407. The facility shall be lig~Dsed...aDd
~pproved by Florida DeDartmen~ of ~e~th and
~lehabil%tative Services. A facility offerin~ person~]
~;ervic~s or limited nursing services for fewer than four
~dul~s within the meanin~ of this definition if l~
Words-s~rue~-%hreugh are deleted; words MJl~ned are added.
3'3,5
formally or informally advertises to or solicits the
public for residents or referrals ~nd holds itself out
to the publiC to be an establishment which reaularlv
provides such services.
care Unit: A residential treatment facility, other than
a nursing home. where, for compensation, persons receive
food. l)dqinqo and some form'of on-site therapeutic care
(~$ a~/.[icable and re~uir~ kY St~t~ and Count/
.k,~E~q re~uirements~ on a daily ~asi~. This ~VDO of
~are may involve psychiatric. Dsvcholoqical, medical.
phvsioloqica~ therapies, behavior modification, and
ether'such services. This tYPe Of facility shall
contain fifteen (~) or more residents, PlUS live-in
suuervisors, and shall permit all of the list of uses as
~er~nitted by Group care Facilit~s (CateQorv I and
Category II) (i.e.. adult ~on~reqate livir~q
facilities, foster care facilities, the developmentally
~lhl~ crisis and attention care. displaced adult
car~, home%ess shelters, mental health care, o~feDder
halfway Douses, spouse abuse care, substance abuse care.
and youth shelters)~
Family Care Facility; A residential facility desianed
to b~ ~_g_gupied by nO~ more than six (6~ residents. Plus
not more than ~%;o (2~ live-in supervisors, and
~oDstitutes a siDqle dwellinq unit (i.e.. adult
~oncr~q~t~e livin~ facilities.
a~k_~h~__~y~/~Qp_men~allv disabled, but not the £ollowln~
tVDeS Of uses: crisis and a~teDtion care. displaced
~du~t car~.bQmele$s shelters, mental health care,
offender halfway houses, spouse abuse care, substance
~buse care, an~ youth shelters). This use shall be
~pplicable to sinqle-family dwelling un,ts and mobile
homes. . .......
GrOup Care Facility; A type of facility, which provides
a l~vin~ environment for seven (7) to fourteen (14)
unrelated residents who operate as the functional
9Quivalent of a familv, includinQ such supervision and
oare by support%v~ staff as may be ~e~essary ~o meet the
uhvsical, emotipnal, and sQcial needs of the residents.
a. ¢~teqQry I: A Group Care Facility designed to
~ccommodate seven (7) to fourt~D (14) cared for
residents, plus not more tha~ ~our ~4) live-SD
supeuv~sors (i.e., adult conQreQate livin~
facilities, foste__r care facilities, add the
developmentally disabled).
b_=. Ca~eqory II: A Group Care Facilitv_~$iqned to
accommodate seve~ (7) to fourteen (14) cared for
residents,, p%u~ Dot more than four (4) live-in
~uperv~sors, This tYPO. Q~ facility offers a hiqher
level of personal and therapeutic care than a
CateqorY I facility (i.e.. crisis and attention
~_re_~ displaced adult care, homeless shelters.
~tal health care. o~fender halfway houses. SPouse
obuse oare, substan_q_~ abuse care, and youth
sheltersk~
GroUp Homo: ~ buildin~ used as a dwellinQ for a
of Unrelated persons living to~ether in a family livinq
environment as auDit udder the supervision of a loca~
or State agedly. Such facility includes the ter~
"foster care home", The facility shall meet the
phvSical, emotional, and social needs of th~ persons in
th~ home.
I 336
:~;- - are ;
Word s u~ ~h~o~gh deleted words underli~ed aze added.
-17-
~rouD Housing: Housing structures designed to meet the
special needs (such as housing, hea].th, an~
socialization) of certain segments Qf the uoDulation,
such as youth, the elderly, o¥ tb~ developmentally
disabled. Group housing r~fers to ~he following tvDes
Of f%~uctures: Family Care Facilities. Group Care
E_~qili_~es (Category I and Category II). Care Units. and
Nursing Homes, {As referenced in Section 8.53).
Stoup housing Unit: A room'or rooms connected tQqetbe¥,
constituting a separate, independent housekeeping
9~t~blishment and phYsicallY separated from any other
rooms or group hou~in~ units, which may be in the same
structure~..with or w~thou~ complete kitchen facilities,
with saD~t~rv facilities, and containing sleeoin~
facili%ies. A urouD housing unit is applicable to the
follow, hQ tvDes of structures: Family Care Facilities,
Group Care Facilities (Category I.and Category II).
Un,ts, and Nursing Homes. .
SECTION q~NTY-EIGHT: Conflict and Severability:
In t.he event this Ordinance conflicts with any other Ordinance of
Collier Cod~ty or other applicabl~-la~?-~ ?0~-~'rictive shall
apply. If any phrase or portion of %h~s ordinahce is held invalid or
unconstitutional by any court of competen~'."j~risdiction, such portion
shall be deemed a separate, distinct and independent provision, and
such holding shall not affect the validity of the remaining portion.
SECTION TWENTY-NINE: Effective Date.
This Ordinance shall be6ome eff~%ive-"~pon receipt of notice from
the Secretary of State that this Ordinance has been filed with the
Secretary of .State.
PASSED A],~D DULY kDOPTED-by the-Board~'f County Commissioners of
Collier County, Florida, this 16 day of ..... April , 1991.
ATTEST: . '' BOARD OF COUNTY COMMISSIONERS
-~ . ~ COLLIER COUNTY, FLORIDA
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
~RJO~[~ M. STUDENT
ASSISTANT COUNTY ATTO~EY a~ ~l~Dt cf ~t
gO-80-l~ ORDINANCE .
Words-s~uek-~h=eugh are deleted; words underli/l~ are added.
-18-
STATE OF FLORIDA )
COUNTY OF COLLIER )
I, JAMES C. GILES, Clerk of Courts in and for the
Twentlet'h Judicial Circuit, Collier County, Florida, do
hereby cert.ify that the foregoing is a true copy of:
Ordinance No. 91-34
which was adopted by the Board of County Commissioners on
the 16th day of April, 19gl, during Special Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 23rd
day of April, 1991.
JAMES C. GILES ,' -' ;.',
Clerk cf Courts .=nd Cler~,-' ,'.,
Ex-officio to Board of
County Commissioners
?