Ordinance 90-002 ORDINANCE NO. 90- 2 _
AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE
NO. 82-2, THE COMPREHENSIVE ZONING REGULATIONS
FOR THE UNINCORPORATED AREA OF COLLIER COUNTY,
FLORIDA; AMENDING SECTION 7.8, A-1 -
AGRICULTURAL DISTRICT, SUBSECTION (b) (1; TO ~
ADD AQUACULTURE AS A PERMITTED PRINCIPAL US~
AND STRUCTURE; AMENDI~;G SECTION 7.8 (b) (3) TO'
PERMIT AS A PROVISIONAL USE AND STRUCTURE THE
OF NON-NATIVE OR EXOTIC SPECIES;
AQUACULTURE
-_ AMENDING SECTION 7.9, A-2 - RURAL AGRICULTURE'.
~ DISTRICT, SUBSECTION (b) (1) TO ADD AQUACULTURE-
~ : . AS A PERMITTED PRINCIPAL USE AND STRUCTURE;
~ .~-' AMENDING SECTION 7.9 (b) (3) TO PERMIT AS A ~
~ ~. PROVISIONAL USE AND STRUCTURE THE AQUACULTURE ~'
OF NON-NATIVE OR EXOTIC SPECIES; AMENDING
SECTION TWENTY, DEFINITIONS, TO A>~END THE
DEFINITION OF AQUACULTURE; PROVIDI~;G FOR
CONFLICT AND SEVERABILITY; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Board of County Commissicners of Collier CoU: ty,
Florida deems it appropriate and in the best interests of the..~
citizens of Collier County to allow as permitted principal use~
and mariculture of native species within the A-1
aquaculture
Agricultural District and the A-2 Rural Agriculture District ind
WHEREAS, the Board further determines it appropriate and .
the best interests of the citizens of Collier County to allo~il
permitted provisional uses aquaculture and mariculture of
non-native or exotic species within the A-1 Agricultural Dist!
and the A-2 Rural Agriculture District.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: Collier County Ordinance No. 82-2, the
Comprehensive Zoning Regulations for the unincorporated area~O
Collier County, Florida, Section 7.8, A-1 - Agricultural Distr =t,
Subsection (b)(1) Permitted Principal Uses and Structures,
hereby
amended to read as follows:
b. Uses and Structures: No building or structure, or part
, land.or
thereof shall be erected, altered or used, or
water used, in whole or in part, for other than the]~.
following:
1) Permitted Principal Uses and Structures: ~.
Words undevlined are added; words st~e~-~hre~gh are deleted
(a) Agricultural activities, such as field c~ps,
horticulture, fruit and nut production,~!
forestry, ranching, beekeeping, poultry,aPed'
egg production, milk production, animal~!~~
breeding, raising, training, stabling o~~
kenneling, and aquaculture sub4ect ~Q ~a~e of
Florida Game and F¥~shwater Fish Commission
permits.
(b) Oil and gas exploration and drilling (sub ~ct
to State drilling permit).
2) Permitted Accessory Uses and Structures:
(a) Single-family dwellings.
(b) Accessory uses and structures which
incidental to and Customarily associated'with
uses permitted in the district.
(c) Private boat houses and docks, with or t
boat hoists, on lake, canal or waterway21~ts.
(d) Farm labor housing subject to Section 9~'3~..~]
On site retail sal~s of farm products
(e) primarily grown on the farm. ~'~
(f) A mobile home or trailer, used in conne~t~°n
with the agricultural uses is permitted2o~
temporary basis only, not to exceed the~
duration of the agricultural use for wh~c~ the
mobile home is permitted or for three (~)~
years, whichever shall be the shorter,
~roviding that a permit for such temporary use
is obtained from the Director, and further
providing that the applicant is utilizing} for
such agricultural use a tract of five (5)~
acres or more, except that part lying in~i ~
public road rights-of-way. Such mobilei~omes
or trailers shall not be located closer~than
one hundred (100) feet from any County highway
line, two hundred (200) feet from any State
highway right-of-way, or five hundred
feet from any Federal highway right-of-wa~
line.
The mobile home must be removed at the
termination of the permitted period.
(g) Mobile home or trailer shall be permitt;~as'~ a
temporary residence while permanent residence
is being constructed. Upon issuance
building permit for the construction of{a~/
permanent residence, the Director may issue a
permit for temporary use of a mobile hom~or
trailer while permanent residence is being
built. The duration of such permit shal~be
determined by the Director but in no case~may
it extend beyond the expiration date ofgthe
building permit or the completion of thej~
residence whichever is the sooner.
Prior to the issuance of a final certificate
of occupancy, the mobile home or trailer
be removed from the premises.
2
Words underlined are added; words m%~ek-%h~e~gh are delet~
,oo 037 387
exotic sDeci~ subSe~g to State of Florida
Game and Freshwater ~lS~ Commission permits.
(b) Hunting cabins, subject to all building'
and permits.
(c) Extraction and related processing and
production.
(d) Private landing strips for general aviat on.
4) Prohibited Uses and Structures: Any use or
structure not specifically, provisionally or
by reasonable implication permitted herein.
SECTION TWO:
Collier County Ordinance No. 82-2, the Comprehensive Z
Regulations for the Unincorporated Area of Collier County,
Florida, Section .7.9, A-2 - Rural Agriculture District, Sub~ti0n
(b) (1) Permitted Principal Uses and Subsection (b)(3) Permt~il
Provisional Uses and Structures are hereby amended to read
follows:
b. Uses and Structures:
1) Permitted Principal Uses:
(a) Single-family dwellings.
(b) Agricultural activities, such as field crops,
horticulture, fruit and nut production,~
forestry, ranching, beekeeping, poultrY~ahd
egg production, milk production,
breeding, raising, training, stabling o~
kenneling, add aquacu~tu¥~ subject to sta~e of
Florida Game and Freshwater Fish Commission
peYmits..
(c) Wildlife management areas, plant and wildlife
conservancies, refuges and sanctuaries.~
(d) Wholesale plant nurseries and retail sa~i'~~ (to
include the sale of garden supplies).
(e) Any use clearly intended as a measure o~
conservation.
(f) Oil and gas exploration and drilling (subject
to state drilling permit).
2) Permitted Accessory Uses and Structures:
(a) Accessory uses and structures which are'
incidental to and customarily associated'
the uses permitted in the district.
(b) Farm labor housing subject to Section 9
Words ~/lderlined are added; words s~ek-~h~e~h are delete'~-i
037 388
(c)On-site retail sales of farm products
primarily grown on the farm.
(d) Guest house (subject to Section 8.38).
(e) A mobile home or trailer, used in connect on
with the agricultural uses is permitted oB a
temporary basis only, not to exceed thew '
duration of the agricultural use for which'the
mobile home is permitted or for three (3)~'
years, whichever shall be the shorter,
providing that a permit for such 'temporary use
is obtained from the Director, and furthe~
providing that the applicant is utilizing~ for
such agricultural use a tract of five (5)~'
acres or more, except that part lying in~~ ·
public road rights-of-way. Such mobile h~mes
or trailers shall not be located closer.than
one hundred (100) feet from any County highway
line, two hundred (200) feet from any State
highway right-of-way, or five hundred (500)
feet from any Federal highway right-of-waY
line.
The mobile home must be removed at the
termination of the permitted period.
(f) Mobile home or trailer shall be permitt~?'as a
temporary residence while permanent residence
is being constructed. Upon issuance of~a}~
building permit for the construction of~a~~
permanent residence, the Director may issue a
permit for temporary use of a mobile home, or
trailer while permanent residence is being
built. The duration of such permit shal~be
determined by the Director but in no case~may
it extend beyond the expiration date or.the
building permit or the completion of the~
residence whichever is the sooner.
Prior to the issuance of a final certifi~ate
of occupancy, the mobile home or trailer~nust
be removed from the premises.
3) Permitted Provisional Uses and Structures:
(a) Extraction and related processing and
production.
(b) Earth mining and related processing.
(d) Private landing strips for general avia~t0n.
(e) Sawmills, provided that no sawmill sha
located closer than 1,000 feet from an~
County, State or Federal property or hi
right-of-way.
(f) Cemeteries.
(g) Sport race tracts and arenas.
4
Words ~ are added; words s~=u=k-%h=o~gh are de
(h) Zoo, aquarium, aviary, botanical garden~:~r"
other similar use. ~'~i!i
(i) Communication towers, provided that no
communication tower shall be located closer
than one-half (1/2) the height of the tower
plus ten (10) feet from any County, Statl]or
Federal property or highway right-of-way,
(J) Public, private and parochial school ori~%~
college having a conventional academic
curriculum. (See Section 8.11)
(k) Hunting cabin, subject to all building
and permits.
(1) Child care centers.
(m) Aquaculture an~-mar~e~½~e of non-native'or
exotic species subject %9 $~ate of Florida
Game and Freshwater Fish Commission permits.
(n) Social and fraternal organizations (Sub to
Section 8.1~) .
(o) Portable Asphaltic Concrete Batch PlantS;
(See Subsection c.7 for development
standards.)
4) Prohibited Uses and StrUctures: Any use or
structure not specifically, provisionally,
reasonable implication permitted herein.
SECTION FOUR: Collier County Ordinance No. 82-2, the Compr _~n-
sive zoning regulations for the unincorporated area of
County, Florida, Section Twenty, the definition of Aquaculture
is hereby amended to read as follows:
Aquaculture: The culture or cultivation of marine or
~quatic species (fresh or salt water~ un~er e.~ber natural o~
~rtificial conditions. The-e~wa~n-e~-%he-na~ax-~e~e
SECTION FIVE: CONFLICT AND SEVERABILITY
In the even't this Ordinance conflicts with any other
ordinance of Collier County or other applicable law, the mcr ·
restrictive shall apply. If any phrase or portion of this
Ordinance is held invalid or unconstitutional by any court ~~
competent jurisdiction, such portion shall be deemed a sepa~.~e,
distinct, and independent provision and such holding shall ~~'j'
affect the validity of the remaining portion.
Words uDderlined are added; words s~uek-~h~e~gh are delet
!
SECTION SIX: EFFECTIVE DATE.
This ordinance shall become effective upon receipt of not.~ce
from the Secretary of State that this Ordinance has been file
with the Secretary of State.
PASSED AND DULY ADOPTED by the Board of County CommissioNers
of Collier County, Florida, this 9th day of 3anuar' 1990.
· ~ ~TES~'" ;., BOW OF COUNTY CO~ZSS
'.JAMES .C'.. ~LES, Clerk OF COLLIER COUNTY, FLORIDA
Approved as to form and
legal sufficiency:
Xennoth B. Cuyle~
Count~ ~ttorn~
ZO-89-28
nb/2197
Words ~Dderlined are added; words ~t~u~k-th~ough are delet ~'
STATE OF FLORIDA ) f '~
COUNTY OF COLLIER ) ~
I, JAMES C. GILES, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true copy of:
Ordinance No. 90-2
which was adopted by the Board of County Commissioners on
the 9th day of January, 1990, during Regular Session. ~
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this llth
day of January, 1990.
JAMES C. GILES ,.-. ..... ....~
Clerk of Courts and Clerk
Ex-officio to Board of.. -'
County Commissioners
B~: /s/Maureen Kenyon "i;~. · ·
Deputy Clerk