Ordinance 89-093~ ~INCO~O~TED AR~ OF COLLIER CO~TY, BY
i~DING SE~ION 9.5, PATIO HOUSES (Z~O SIDE
.Duc
S~BILITY; AND BY PROViDiNG AN EFFE~VE DATE.
WHEREAS, the Legislature of the State of Florida in
Chapter 67-1246, Laws of Florida,.and Chapter 125, Florida
Statutes, has conferred on Collier County the power to
establish, coordinate and enforce zoning and such business
regulations as are necessary for the protection of the
public; and
WHEREAS, the County pursuant thereto has adopted a
Comprehensive Zoning Ordinance establishing regulations for
the zoning of particular geographic divisions of the County;
and
WHEREAS, the Comprehensive Zoning Ordinance provides for
Patio Houses; and
WHEREAS, it is necessary and appropriate that the
language be modified to encourage flexibility in building
'~ siting to accommodate unique site features and retain native
~ vegetation in development plans; and
WHEREAS, this language modification will not be to the
detriment of the public health, safety, comfort, order,
appearance, convenience, morals, and the general welfare;
NOW, THEREFORE BE IT ORDAINED by the Board of County
Commissioners of Collier County, Florida, that Collier County
Ordinance No. 82-2, the Comprehensive Zoning Regulations for
the Unincorporated Area of Collier County, Florida, is hereby
amended as follows:
section 9.5, Subsections a., c. and d., Patio Houses
(Zero Side Yard) are hereby amended to read as follows:
Words-struek-~h=e~h are deleted; words underlined are added.
,00, 256
9.5 Patio HouSes fZero side Yard):
Patio houses are single family detached dwelling
structures on individually platted lots which are
designated to provide maximum usage of outdoor
living space while insuring privacy from adjacent
housing and to allow for flexibility in
accommodatina na~iYe veaetation or site features by
providing a side yard or #patio" of greater than
normal width on one (1} side of the dwelling and no
yard or a reduced vavd on the other.
b®
In certain districts, the owner or owners of three
(3) or more adjoining lots along a common public or
approved private street may request a grant of
special exception in accordance with the procedures
set forth in Section 13 for the purpose of
construction of patio houses.
All requirements of the Subdivision regulations and
the zone district in which such patio houses are
located shall be complied with, except that no side
yard or a reduced side yard of not less than fiv~
iS) feet shall be permitted on one (1) side of each
parcel and the combined side yard requirement of
the applicable zone
Yard amoun~ shall be required on the opposite side
of each parcel. No patio house shall be located
closer than that distance required as combined side
yards from any other patio house nor shall any
patio house be located closer than the minimum
setback of the applicable zone district from the
property line of any other dwelling unit not a
patio house. Where patio houses are located at the
property line, wit&no side yard as ~eq~ed
Permitted above, no window, door, or other opening
below seven (7) feet in height above the first
floor level shall pierce the wall of such structure
adjacent to the adjoining property.
de
Concurrent with final approval, and as a condition
thereof, a covenant, in a form satisfactory to the
County Attorney, shall be recorded as part of the
deed for the subject property setting forth the
side yard setbacks for each lot within the subject
property and the responsibility for maintenance of
the common vall along the property line, ~f
aDvlicable.
~ 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 an~ court of
competent Jurisdiction, such portion shall be deemed a
separate, district and independent provision, and such
holding shall not affect the validity of the remaining
portion.
'. Words-st~dek-th=oa§h are deleted; words I~ are added.
037,,.:' 257
~'ffect:lvs Dete~
This Ordinance shall become effective upon receipt of
~?no~ice from ~e Secretary of S~a~e ~ha~ ~his Ordinance has
been filed with the Se~eta~ of S~te.
i~; '- JAM~S C. GI. LESp. CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BURT L. SAUNDERS, CHAIRMAN
AND LEGAL ~UFFICIENCY=
~ASSIBTANTCOUNTYA~O~
ZO-89-260~IN~CE
of S~q~'9% Offl~ tho
:..~- ' Words-st~ek-~.hreugh are deleted~ Words ~ ara added.
' .... '= 037 2.~'
Z, SAHE$ C. GILES, Clerk of Courts tn and for the
Twentieth Sud~clal Circuit, Collier County, Florid&, do
hereby certify that the foregoing ts a true copy of:
Ordinance ~o. 89-93
which ~s adopted by the Board off Co~y Co~tse~oners on
the lgth day of December, ~989, during Reeler
WITleSS my hand and the official seal of the Board of
County Co~mlss~oners of Collier County, Florida,
day of December, 1989.
~AMES C. GILES '"'
Clerk oF Courts and Clerk.
Ex-off,cio to Board of
County Co~lselonere
Deputy Cler~