Ordinance 90-038 ORDINANCE 90- 33
~AN ORDINANCE AMENDING ORDINANCE NUMBER 82-2, THE
~OMPREHENSIVE ZONING REGULATIONS FOR THE ' ~'~
~INCORPORATED AREA OF COLLIER COUNTY BY
;~ENDING SUBSECTION 6.10, "NON-CONFORMING
S~UCTURES", OF SECTION SIX, "NON-CONFORMING
N~-CONFO~ING USES OF STRUCTURES ~D PREMISES,
~N-CONFO~ING CHA~CTERISTICS OF USES", TO PROVIDe'
.~L~ER REVIEW CRITERIA FOR THE G~TING OF CERTA~
~EX~PTED NON-CONFO~ING USES BY THE BO~D OF
ZONING APPEALS; BY PROVIDING FOR CONFLICT ~D
SEVE~BILITY; AND BY PROVIDING AN EFFECTIVE DATE.
WHEREAS, Chapter 125, Florida Statutes, establishes the right
and power of counties to provide for the health, right and power of
counties to provide for the health, welfare and safety of existing
and future residents by enacting and e' forcing zoning and business
re~latione necessary for the protection of and public; end
WHEREAS, on November 14, 1989, the Board of County
Commissioners approved ordinance Number 89-75, which established
8ection 6.10 d. of the Collier County Zoning Ordinance; and
WHEREAS, the Community Development Services Division has
become aware, that language in this subsection is not clear which
makes review of Non-Conforming Use Alteration petitions difficult
ar~ changes necessary; and
WHEREAS, the Community Development Services Division,
petitioned the Board of County Commissioners of Collier County,
.Florida, to amend ordinance Number 82-2, the Collier County Zoning
Ordinance as set forth below:
NOW, THEREFORE BE IT ORDAINED by the Board of County
Commissioners of Collier County, Florida:
SECTION ONE: AMENDMENTS TO SECTION SIX OF COLLIER COUNTY ORDINANCE
NO. 82-2, as amended.
Subsection 6.10, "Non-Conforming Structures", of Section Six,
"Non-conforming Lots, Non-Conforming Uses of Land or Water,
Non-Conforming Uses of Structures and Premises, and Non-conforming
Characteristics of Uses", of Ordinance 82-2, the Zoning Ordinance
of Collier County, Florida, is hereby amended to read as follows:
6.10 Non-Conforming Structures: Where a structure exists lawfully
under this Zoning Ordinance at the effective date of its
adoption or relevant amendment that could not be built under
this Zoning Ordinance by reason of restrictions on lot area,
Words-s~k-~hr~ugh are deleted; words u~derlined are added.
3'86
lot coverage, height, yards, location on the lot, or
requirements other than use concerning the structure, such
structure may be continued so long as it remains otherwise
lawful, subject to the following provisions:
a. No such non-conforming structure may bo onlarged or
altered in a way which increases its non-conformity, but
any structure or portion thereof may be altered to
decrease its non-conformity; provided, however, that the
alteration, expansion, or replacement of non-conforming
single family dwellings, duplexes or mobile homes shall
be permitted in accordance with subsection 6.10(d).
b. Should such non-conforming structure or non-conforming
portion of structure be destroyed by any means to an
extent of more than fifty (50) percent of its actual
replac~ment cost at time of destruction, as determined by
a cost-estimate submitted to the Zoning Director, it
shall not be reconstructed except in conformity with
provisions of this Zoning Ordinance.
Notwithstanding the foregoing restrictions as to
reconstruction, any residential structure or structures
in any residential zone district may bo rebuilt after
destruction to the prior extent, height and density of
units per acre regardless of the percentage of
destruction. In the event of such rebuilding, all
setbacks and other applicable district requirements shall
be met unless a variance therefore is obtained from the
Board of Zoning Appeals. For the purpose of this
Section, a hotel, motel, or boatel shall be considered to
be a residential structure.
c. Should such structure be moved for any reason for any
distance whatever, other than as a result of governmental
action, it shall thereafter conform to the regulations
for the district in which it is located after it is
moved. .
d. Alteration, expansion or replacement of non-conforming
single family dwellings, duplexes or mobile homes:
Non-conforming residential structures, which for the
purpose of this section shall mean detached single family
dwellings, duplexes or mobile homes in existence at the
effective date of this Zoning ordinance or its relevant
amendment and in continuous residential use thereafter,
may be altered, expanded, or replaced upon recommendation
of the Collier County Planning Commission and approval of
the Board of Zoning Appeals by Resolution.
1. Standards for permitting alteration, expansion and
replacement of non-conforming single family
dwellings, duplexes or mobile homes: Since the size
and nature of the alteration, expansion or
replacement of such non-conforming structures may
vary widely, ~ site plan and, and if applicable,
preliminary building plans indicating the proposed
alteration, expansion or replacement shall be
presented with each petition. Prior to granting
such alteration, expansion or replacement of a
non-conforming single family dwelling, duplex or
mobile home, the CCPC and the Board of County
Commissioners shall consider and base its approval
on the following standards and criteria:
a. The alteration, expansion or replacement will
not increase the density of the parcel or lot
on which the non-conforming single family
dwelling, duplex or mobile home is located;
Words-s~ru=k-through are deleted; words underli~e~ are added.
038, : 3'87
b. The alteration, expansion or replacement will
not exceed the building height requirements of
the district most closely associated with the
subject non-conforming use;
c. The alteration, expansion or replacement will
meet O; will not further encroach upon any
nen-eenferm~ set-back~ of tb~ district most
closely associated with the subject
non-conforminG use;
d. The alteration, expansion or replacement will
not decrease or further decrease the existing
parking areas for the structure;
e. The alteration, expansion or replacement will
not damage the character or quality of the
neighborhood in which it is located or hinder
the proper future development of the
surrounding properties; and
f. Such alteration, expansion or replacement will
not present a threat to the health, safety or
welfare of the community or its residents.
SECTION TWO: CONFLICT AND SEVERABILITY
In the event this Ordinance conflicts with any other
Ordinance of Collier County and other applicable law, the
more restrictive shall apply. If any phrase or portion of
the 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: EFFECTIVE DATE
This Ordinance shall become effective upon receipt of
notice from the Secretary of State that this Ordinance has
been filed with the Secretary
of
State.
DATE: May 22; ]qg0 BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
~ORi~ M. STUDENT
Z0-90-5 ZONING ORDINANCE ~ENDMENT
Words-s~uek-~h=eugh are deleted; words underli~ed are added.
STATE OF FLORIDA ) ~'
COUNTY OF COLLIER I /]
I, JAMES C. GILES, Clerk of Courts in and for the
Twentieth Judlc~a! Circuit, Collier County, Florida, do i[
hereby certify that the foregoing ks a true copy of:
Ordinance No. 90-38
which was adopted by the Board of County Commissioners on
the 22nd day of May, 1990, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, th~s 24th
day of May, 1990.
JAMES C. GILES ....
Clerk of Courts and Clerk.-,'~
Ex-off,cio ~o Board of '...'./
aureen Ken~on