Ordinance 89-054COMPREHENSIVE ZONING REGULATIONS FOR THE
UNINCORPORATED AREA OF COLLIER COUNTY, BY
~ENDING SECTION 8.11, LOCATION REQUIR~ENTS
FOR USES I:~OLVING INTOXICATING B~E~GES,
TO SET FORTH THE PROCED~E ~D CRITERIA FOR
WAIVER OF PART OR ALL OF THE MINI~ DISTANCE
REQUIREMENT BETWEEN AN ESTABLIS~ENT ENGAGING
IN THE SALE OF ALCOHOLIC BEVE~GES FOR
CONSUMPTION ON PREMISES AND AN ESTABLISHED
CHURCH, SCHOOL, PUBLIC PA~ OR P~YGROUND;
AND BY PROVIDING AN EFFECTIVE DATE.
W"HEREAS, the Board of County Commissioners, in Section 8.11
of the Collier County Zoning Ordinance, has enacted certain
distance requirements between establishments providing on-site
sale and consumption of alcoholic beverages and churches, schools,
public parks and playgrounds; and
W~EREAS, the Board acknowledges that certain man-made and
natural boundaries, structures and other features exist which may
-offset and reduce the minimum spacing requirements; and
WT{EREAS, the Board does not wish to create unnecessary
hardship for business within Collier County;
NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COM~ISSIONERS
OF COLLIER COUNTY, FLORIDA:
Section One:
Section 8.11 of Ordinance No. 82-2, the Zoning Ordinance of
Collier County is hereby amended as follows:
8.11 Locational Restrictions For Use Involving Intoxicating
1)
Beverages:
a.
Sale of Alcoholic Beverages: The sale of alcoholic
beverages for consumption on premise~ t;ill not be
permitted at any location until such location has been
approved by the Zoning Director. Prior to action for
sale of alcoholic beverages for consumption on premises
at any location, he shall find that the following
requirements have been met:
No such use shall be located within five hundred (500)
feet of any established school, church, public par~, or
playground unless a waiver of said distance requirement
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is Granted by Board resolution pursuant to SubsectiqB
8.11.¢c). This does not include beach access points.
The distance of five hundred (500) feet shall be
measured as the shortest distance between the lot on
which the school, church, public park, or playground is
located and the lot on which the alcoholic beverages are
to be sold, except that establishments located in
shopping centers shall be measured to the outer wall of
the establishment.
2)
No such use shall be located within five hundrmd (500)
feet of any existing establishment which s~lls alcoholic
beverages for consumption on premises.
The distance of five hundred (500) feet shall be
measured as the shortest distance between the lot on
which the existing establishment is located and the lot
3)
cn which the alcoholic beverages are to be sold, except
that establishments located in shopping centers shall be .,...:
measured to the outer wall of the establishment.
The erection of any school, church, public park or
playground within five hundred (500) feet of an
establishment which offers the sale of alcoholic
beverages for consumption on premises shall not cause
4)
such establishment to become nonconforming.
The applicant shall submit a plot plan showing the
following:
(a) Dimensions of subject premises.
(b) All vehicular points of ingress3and egress.
(c) Compliance with all requirements of this Ordinance
including landscaping, off-street parking, buffer
areas, and location and size of all signs.
Expiration of Zoning Approval. The Zoning Director's
approval for the sale of alcoh=lic beverages for consumption
on premises, granted pursuant to Section 8.11 of this
Ordinance, shall expire after the below prescribed periods of
time and shall thereafter become null and void:
1) In the case of an existing structure, zoning approval
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Words underlined are added; Words st~u=k-%h~sugh are deleted.
':-:":' ""' · ,oo 03f,,,, ,i123'
shall expire six (6) months from the date of approval
unless, within that period of time, operation of the
alcoholic beverage establishment has commenced. For
purposes of this section, operation shall be defined as
the sale of alcoholic beverages in the normal course of
business.
2) In the case of a new structure, zoning approval shall
expire one (!) year from the date of approval unless,
within that period of time, operation of the alcoholic
beverage establishment has commenced. However, if
substantial construction is completed, the Zoning
Director may grant one (1) extension up to six (6)
months.
The Board of Zoninq Appeals may. bv resolution, qYaDt
waiver of part or all of the minimum distan~ r~quirement
~ ~Qrth i~ Sectio~ ~,11¢a)¢1) if it is demonstrated by the
~ppli~Dt and determined by the Board tha~ ~be site proposed ..~.-~
for the ~ale and consumption of'alcoholic beverages is
separated from an established school, church. ~ublic Dark or
~la¥~round by natural or man-made boundaries, structures or
o~her features which offset or limit the necessity for such'
minimum distance requirement. The Board's decision to waive
part or all of the distance re,uirement shall be based upon
the followinq factors:
1) ~he n~ture and type of natural or man-made boundary,
structure or other feature lying between the proposed
9~tabl~shment and an existinq school; church, public
p~k or play, round which is determined b¥ the Board o~
~on~nq Appeals to lessen the need for the total 500 foot
dis~ce requirement. Such boundary, structure or other
feature may include, but not be,~imited to, lakes,
~arshes, non-developable wetlands, desiqnated preserve
areas, canals, and major' ri~hts-of-wav.
The paths of vehicular and pedestrian traffic which
~ould be taken between the establishment and the ch%~rch,
school, public park or plavqround.
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~1 The hours of operation and the noise and liaht which
could ~otentiallv be qenerated from the premises sellinq
alcoholic beverages,
Whether alcoholic beveraaes will be sold in conjunction
~Lith food Or Whether the establishment is primarily
en~aged in the sale of alcoholic beverages as a primary
use.
Prior to consideration of such waiver by. the Board. the
applicant shall provide to the Zopin~ Dir~otor or, if
aPPlicable, the Development Services Director. a written
application for waiver of the distance limitation on an
application form supplied by the Community Development
Division, includin~ a legal description of all applicable
structures with a survey or boundarv..sketch ~o scale, and
such other information which the applicant can SUDDiv which
would assist the Board in its evaluation pursu~ ko the
factors set forth above. UPon receipt of the applicant's
petition and the applicable metition fee established by the
Board, a public hearin~ date shall be scheduled before the
~]d%~inqCommission for recommendation on the proposed waiyer
and before the Board. The applicant shall not~f¥, ~F ~
certified mail, the owners or representatives of the subject
schgo1, church, public park or play,round, of the Petition at
least fifteen (15) days prior to each of the public hearings
~nd evidgnce of such notification shall be supplied to th~
Community DeveleDment Division.
d. The following uses shall be exempted?from the distance
limitations of Paragraph ~f?a?~ ~_~.~2~ of this
Subsection, but shall comply with all other requirements of
this Subsection.
1) Any restaurant deriving at least fifty-one (51%) percent
of its gross revenue frcm the sale of food and non-
alcoholic beverages.
2) Any.motel and/or hotel with one hundred (100) or more
guest rooms.
3) Any private club, golf club, country club, civic or
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fraternal club may serve alcoholic beverages for
consumption on premises when such service is incidental
to the main use and for the exclusive use of the
members, tenants, and/or guests of the facility.
dY ~. Any owner or operator of an establishment approved under
this Subsection to sell any alcoholic beverages for
consumption on premises shall upon written demand of the
Zoning Director, make or cause to be made under oath a
statement itemizing what percentage 6f his gro~
receipts are from the sale of alcoholic beverag(ls.
Section Two. Conflict and Sevurability.
If any phrase or portion of this Ordinance is held invalid or
unconstitutional by any court of competent Jurisdiction, E~uch
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.
· 'ATTEST: · ~'~
' .. .~'
· '~, ;~ '~ ~ ~ %" ', .
Approved as tc form and
l~gal sufficiency=
R~nn~th B.
Collier County
PASSED' AND DULY ADOPTED by the Board of County Commissioners
of Coll.~er County, Florida, thts=~ day of . , 1989.
BOARD OF COUNTY COM]~ISSIONERS
OF COLLIER COUNTY, FLORIDA
~URT L. SAUNDERS, Chairman
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Words un'derlined are added; Words s~=~ek-%h~ou~h are deleted.
STATE OF FLORIDA )
COUNTY OF COLLIER )
I, JAMES C. GILES, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certl£y %hat the foregoing Is a true copy oft
Ordinance No. 89-54
which was adopted by the Board of County Commissioners on the
'25th 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 1st
August, 1989.
JAMES C. GILES
Clerk of Courts and Clerk
Ex-officio to Board of
Coun~ommissioners
By: Virginia Magri
Deputy Clerk