Ordinance 89-042 ORDINANCE 89- 42
AN ORDINANCE AMENDING ORDINANCE 82-2, THE
COMPREHENSIVE ZONING REGULATIONS FOR THE
UNINCORPORATED AREA OF COLLIER COUNTY BY ADDING
SUBSECTION 9.13, SPECIAL REGULATIONS FOR THE
.~._ PROVISION OF OPEN SPACF REQUIREMENTS IN ALL ZONING
~.~ DISTRICTS; BY AMENDING SUBSECTION 20, DEFINITIONS;
-. TO ADD A DEFINITION OF "OPEN SPACE, USABLE"; BY
· '~ PROVIDING FOR CONFLICT AND SEVERABILITY; AND BY
en -',~ PROVIDING AN EFFECTIVE DATE.
'~ WHEREAS, the Growth Management Plan adopted by the~r~
of County Commissioners includes a Recreation and Open
Element; and
W~EREAS, the requirement of Objective 1.2 of the
Recreation and Open Space Element is to protect designated%~
recreation sites and open space from incompatible land uses
through development of appropriate design criteria and land
use regulation; and
WHEREAS, Policy 1.2.1 of the Recreation and Open Space
Element requires the following action to accomplish the
objective. By the time mandated for the adoption of land
development regulations pursuant to Chapter 163.3202, Florida
Statutes, including any amendments thereto, adopt land
development regulations outlining specific definitions and
standards applying to recreation and open space land
provisions for natural reservations and open space.
NOW, THEREFORE BE IT ORDAINED by the Board of County
Commissioners of Collier County, Florida:
Section 9, Subsection 9.13, Special Regulations for the
provision of Open Space requirements in all Zoning Districts,
of Ordinance 82-2, the Zoning Ordinance of Collier County,
Florida is hereby amended to read as follows:
9.13 ~pecial Regulations for the provision of omen s~ace
requirements in all Zoning Districts
a. ~sable Open ~p~ge Requ~remeDts:
Usable o~en space shall include active and
Rassive recreation areas such as mlavgrounds.
golf courses, beach frontage, waterways.
~agopns.. flood plains, nature trails, an~
Words-s~R-th~gh are deleted; words uDderlined are added.
-1-
oth~r similar eden spaces, Open Space Areas
shall also include those areas set aside for
preservation of native vecetation an~
landscaped areas, OD,D water area beyond the
perimeter of the site. street riahts-of-wavL
driveways, off- stj~ parkinc areas, and
off-street loadinc areas shall not be counted
in determinin~ usable open space,
b. Residential Developments:
In residential developments at least sixty
(60%) percent of the cross area shall be
devoted to gsab~ 9pqn space. This
rgguirement shall not apply to individual
single family ~tS hess than 2.5 acres in
size.
Commercial. Industrial and Mixed-Use
Pevelopments:
~n developments of commercial, industrial and
~i×ed use. includina residential, at least
~hirty ¢30%) percent of the gross area shall
))e devoted to usable, 9pen space. This
;:e~uirement shall not apply to individual
parcel~ less than 5 a~res in size.
Section 20, Definitions, of Ordinance No. 82-2, the
zoning Ordinance of Collier County, Florida is hereby amended
to incorporate the following:
Open Space, Usable-?ha~-pe~en-e~-a-~e~-e~-Demee~-wh~eh
~e~eu~en? ACti, ve or passive recreation areas such as
playgrounds, golf courses, be~ch frontaoe, waterways,
~goons, flood plains, nature trails and other similar
open spaces, open space areas shall also include those
areas set aside for preservat~oD of native veoetation
add ~ndscaped areas. Open water area beyond the
perimeter of the site, street right-of-way except where
~icated or donated for public use, driveways, off
~treot parkinn ~reas, an~ off ~treet loadinc areas shall
Dg~ be G0gnted in determiniDg usable open space.
SECTION THREE: Conflict and Severability:
In the event this ordinance conflicts with any other
ordinance of Collier County or other applicable law, the more
restrictive shall apply. If any phrase or portion of this
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.
Words-s~=~ek-eh~eugh are deleted; words ~ are added.
--~--
~ Effective Date:
This Ordinance shall be come effective upon receipt of
notice from the Secretary of State that this Ordinance has
been filed with the Secretary of State.
PASSED ~ND DULY ADOPTED by the Board of County Commissioners
of Collier County, Florida this
day of ~ , 1989.
p~ES C. GILESiSOLE~ .~T L. SAUUDERS. C.A~N
A~OVED' 'A'~TO FO~ AND LEGAL SUFFICI~CY:
BOARD OF COUNTY COM2~ISSIONERS
J~O~IE M. STUDENT
ASSISTANT COUNTY ATTORNEY
ZONING AMENDMENT SUBSECTION 9.13
md
Words-s~r~=k-thr~ugh are deleted; words underlined are added.
STATE OF FLORIDA
COUNTY OF COLLIER
I, JAMES C. GILES, Clerk of Courts in and fe~ the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true cop%' of:
Ordinance No. 89-42
which was adopted by the Board of County Commissioners on the
18th day of July, 1989, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 20th
day of July, 1989.
JAMES C. GILES
Clerk of Courts and Clerk .:,..\~l,~!/~.
Ex-officio to Board of
County~Commiss loners .'~ · . . .. ,~ ..
By: V.~ginia Hagri - '~ ~ ' .! ~''~-
Deputy Clerk ~'~ ' '"-' < .... '