Ordinance 89-075ORDINANCE NO. sg- 75
AN ORDINANCE AMENDIN~ COLLIER COUNTY ORDINANCE
NO. 82-2, TIlE COMPREHENSIVE ZONING REGULATIONS
FOR TIlE UNINCORPORATED AREA OF COLLIER COUNTY,
FLORIDA; AMENDING SECTION 6, NON-CONFORMING
LOTS, NON-CONFORMING USES OF LAND OR WATER,
NON-CONFORMING STRUCTURES, NON-CONFORMING USES
OF STRUCTURES AND PREMISES, AND NON-CONFORMING
CHARACTERISTICS OF USES, BY ~dENDIN~
SUBSECTION 6.1(b)., DECLARATION, TO PROVIDE
EXCEPTIONS FOR CERTAIN NON-CONFORMING USES; BY
AMENDING SUBSECTION 6.3(a)., ENLARGEMENT,
INCREASE, INTENSIFICATION, ALTERATION, TO
PROVIDE EXCEPTIONS FOR CERTAIN NON-CONFORMING
USES; BY ADDING NEW SUBSECTION 6.10(d).,
ALTERATION, EXPANSION, AND REPLACEMENT OF
NON-CONFORMING SINGLE FAMILY DWELLINGS,
DUPLEXES OR MOBILE ROMES TO PROVIDE STANDARDS
AND CRITERIA FOR THE GRANTING OF CERTAIN
EXEMPTED NON-CONFORMING USES BY THE BOARD OF
ZONING APPEALS; BY AMENDING SECTION 11, BOARD
OF ZONING APPEALS, POWERS, DUTIES AND ...
PROCEDURES, SUBSECTION 11.1(C), SPECIAL
AUTHORITY OF BOARD OF ZONING APPEALS IN
RELATION TO CERTAIN NON-CONFORMING USES, TO~ ......
ADD A NEW SUBSECTION AUTHORIZING THE BOARD ~F'
ZONING APPEALS TO CONSIDER, AFTER
CONSIDERATION AND RECOM~ENDATION BY THE
COLLIER COUNTY PLANNING COMMISSION, PETITION~
FOR TIlE ALTERATION, EXPANSION OR REPLACEMENT~,'"~
OF NON-CONFORMING SINGLE FAMILY DWELLINGS,
DUPLEXES OR MOBILE HOMES; PROVIDING FOR
CONFLICT AND SEVERABILITY; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Chapter 125, Florida Statutes, establishes the right
and power of counties to provide for the health, welfare and
safety of existing and future residents by enacting and enforcing
zoning regulations necessary for the protection of the public; and
WHEREAS, Collier County Ordinance No. 82-2, the Comprehensive -.~
Zoning Regulations for the Unincorporated Area of Collier County,
provides no provisions for the alteration, expansion, or
r~pla~mmlnt of non-conforming I~ngle family dwellings, du91exmm or
mobile homes; and
WHEREAS, the Board of County Commissioners has identif~ed a
need within the community to allow the alteration, expansion cr
replacement of non-conforming single family dwellings, duplexes or
mobile homes in accordance with the ~rovisions set forth in this
ordinance;
Words ~ are added; Words ~ek-~hreugh ars deZeted.
NOW, THEREFORE, BE IT ORDAINED BY THE BCARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that= ~
SECTION ONE~ EXCEPTIONS TO DECLARATION REGARDING NON-CONFORMIN~"
USES.
Ordinance No. 82-2, the Comprehensive Zoning Regulations for .
~he Unincorporated Area of Collier County, Florida, Section 6,
Non-Conforming Lots, Non-Conformin~ Uses of Land Or Water,
Non-Conforming Structures, Non-Conf~rming Uses of Structures and'
Premises, and Non-Conforming Characteristics of Uses, Subsection
6.1(b), Declaration, is hereby amended as follows=
Non-conforming uses are declared by this Ordinance to be
incompatible with permitted uses in the districts
involved. A non-conforming use of a structure, a
non-conforming use of land or water, or a non-conforming
use of structure and land or water in combination shall
not be extended or enlarged after the effective date of
this Zoning Ordinance or relevant amendment thereto by
attachment on a structure or premises of additional
signs intended to be seen from off the premises, or by
the addition of other uses of a nature which would be
prohibited generally in the district involved, except as
provided for within Subsection
SECTION TWO: EXCEPTIONS TO NON-CONFORMING USES OF LANDS OR WATERS
OR STRUCTURES.
Ordinance No. 82-2, the Comprehensive Zoning Regulations for
the Unincorporated Area of Collier County, Florida, Section 6,
Non-Conforming Lots, Non-Conforming Uses of Land Or Water,
Non-Conforming Structures, Non-Conforming Usett of Structures And
Premises, and Non-Conforming Characteristics Of Uses, Subsection
6.3(a), Non-Conforming Uses of Lands or Waters or Structures Only,
is hereby amended as follows=
ae
Enlargement, Increase, Intensificat~on, Alteration~ No
such non-conforming use shall be enlarged, intensified,
increased, or extended to occupy a greater area of land,
structure, or water than was occupied at the effective
date of adoption or relevant amendment of this zoning
ordinance, except a single familv, duplex, or mobile
home use as provided for within Section 6.10¢d].
SECTION THREE: Ordinance No. 82-2, the Comprehensive Zoning
Regulations for the unincorporated area of Collier County,
Florida, Section 6, non-conforming lots, hon.-conforming uses of
land or water, non-conforming structures, non-conforming uses of
structures and premises, and non-conforming characteristics of
Words ~ are added~ Words e~=~ek-threugh are deleted.
uses, Subsection 10, non-conforming structures is hereby ~mended
by amending Subsection (a) to provide an exception and by adding a
new Subsection (d) which shall read as follo~,s!
6.10 Non-conforming st~-uctures: 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 ~oning Ordinance by reason of
restrictions on lot area, 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:
No such non-conforming structure may be enlarged 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
sinale family dwellinas, duplexes or mobile homes shall
be oermitted in accordance with subsection 6.10id),
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
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 be 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 set
backs 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 ~hall be considered to
be a residential structure.
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.
Alteration. E×Dansicm or Replacement of Non-conforminq
Single Family Dwellin~s. DuPlexes or Mobile Homes:
Non-conformin~ residential structures, which for the
purpose of this section shall mean detached single
family dwellin~s, duplexes or. mobile homes in existenc-
at the effective date of this Zonina Ordinance or
relevant amendment and in continuot~s res~dential use
thereafter, may be altered, expanded, or replaced upoB
recommendation ~f ~h~ Collier County Plann~q
and approval of the Board of Zonin~ Appeals by
~solution.
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Words ~ are added; Words stFuek-threugh are deleted.
(11 Standards for Den~ittin= alteration, ex~ansion and
replacement et non-con,ermine sin;la family d~ellinoo~
duolexes or mobile homes: Stnc~ the size and nature o~
the alteration, e×uansion or replacement off such
non-conforming structures may vary widely, a site Dian
and. if applicable, prelimi~ar¥..bgildina plans
indicatin~ the DrODoSed alteration, expansion or
replacement shall be presented with each Detition~
Prior to granting such alteration, ~pansion or
reolacement of a non-conformino single family dwellina.
duplex or mobile ho~e. the CCPC sod the Board of County
Commissioners shall consider and base its approval on
the followin~ standards ~nd criteria:
Tho alt;ration, exDansion or reulacement will not
increase the density of the ~arcel or lot on which
the non-confor~in~ single family dwellina, dUDle~
or mobile home is located:
The alteration, expansion or remlacement will not
exceed the buildin~ height r~quirements of the
district mo~t closely asso¢imted with the subSect
non-confQrmin~ use:
The alteration, exuansion or replacement will not
further encroach uson any non-conformina set-back!
The alteration, expansion or replacement will not
decrease or further decrease the existin~ Darkin~
areas for the structure:
The alteration, expansion or reolacement will not
damage the character or aual[tv of the neighborhood
in which it is located or hinder the proper future
development of the surrounding mroDerties~ and
Such alteration, e~Danston or replacement will not
present a threat to the health, safety or welfare
of the community or its residents.
SECTION FOUR:
AUTHORIZATION FOR THE BOARD OF ZONING APPEALS,
AFTER CONSIDERATION BY THE COLLIER COUNTY PLANNING
COMMISSION, TO CONSIDER THEALTERATION, EXPANSION
OR REPLACEMENT OF A NON-CONFORMING SINGLE FAMILY
DWELLING, DUPLEX OR MOBILE HOME.
Ordinance No. 82-2, the Comprehensive Zoning Regulations for
the Unincorporated Area of Collier County, Florida, Section 11,
Board of Zoning Appeals, Powers, Duties and Procedures, Subsection
11.1(C) Special Authority of Board of Zoning Appeals in Relation
to Certain Non-Conforming Uses, ts hereby amended by adding a new
subsection "(c)(2)" which shall read as follows:
Special Authority of Board of Zoning Appeals in Relation
To Certain Non-conforming Uses{
Any non-conforming use of a structure or of a
structure and premise9 in combination may be
changed to another non-conforming use of the same
character, or to a more restricted but
non-conforming use, provided that the Board of
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{fords ~ are added; Words struek-threu§h are deleted.
Zoning Appeals shall find, after public notice and
hearing, that the proposed uso is equally or more
appropriate to the district than the existing
non-conforming use and that the relation of the
structure to surrounding properties is such that
adverse effects on occupants and neighboring
properties will not be greater than if the existing
non-conforming use is continued. In permitting
such change, the Board of Zoning Appeals may
require appropriate conditions and safeguards in
accord with the intent and purpose of these zoning
regulations. Petition under this Subsection shall
be to the Community'Development Administrator for
transmittal =o =he Board of Zoning Appeals.
Action may be taken on a petition to alter, expand
or reDlage a non-conformina s]nale family dwellin~.
duplex oF mobile home by the Eoard of Zoninq
Appeals after co~sideFatign and recommendation
the Collier gount¥ Plannina Ccmm£ssion. Such
action s~a11 be by Resolution and shall be adooted,
~r D~lic ~ot~ce and hearina, by four
aff~rmativ~ vo%~s o~ the Board of Zoni~q ~ppeals.
SECTION FOUR. 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.
SECTION FIVE. 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.
'/'. PASSED AND DULY ADOPTED by the Board of County Commissioners
. 'o~ Collier County, Florida,
.4%~TEST:
JAMES C.' GILE?, Clerk
A~roveW"~s to fo~ anU
legal sufficiency:
Kenneth B. Cu~e~
County Attorney
BOARD OF COUNT~ COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By : DF. RS, Chairman
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Words ~1~ are added; Words s%~ek-%h=e,~h are deleted.
STAT~ OF FLORIDA
!
C0UNTYOF COLLIER ]
I, JAMES C. GILES, Clerk of Courts tn and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing ts a true copy of:
Ordinance No. 89-?5
which was adopted by the Board of CoUnty Commissioners on the
I4th day of November, 1989, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 1?th
day of November, 1989.
JAMES C. GILES
Clerk of Courts and Clerk
Ex-off~cto to Board of ,.'
Cotl..~~ ' ~ .
'~.'.
/Maure~n K~nycn
~- Deput~ Clerk "~'~ ' ''