Ordinance 80-004ORDINANCE 80 - 4
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AN ORDINANCE AMENDING ORDINANCE 76-30
~.TH-E COMPREHENSIVE ZONING REGULATIONS
.~' FO.R THE UNINCORPORATED AREA OF THE
~'. COASTAL AREA PLANNING DISTRICT BY
-;*AMENDING SECTION 3 DEFINITIONS; SEC-
~,TI.ON 8 - SUPPLEMENTARY DISTRICT REGULA-
r* TIONS; SECTION 9 AREAS OF ENV'II~ON-
=-' MENTAL SENSITIVITY~ SECTION 18 - OFF-
~ STREET PARKING AND LOADING; SECTION 21 -
RS[;DISTRICTS; SECTION 24 - PUD DISTRICT;
SECTION 29 - MHRP DISTRICT; SECTION 32-
PC DISTRICT; SECTION 33 - CC DISTRICT;
SECTION 34 - GRC DISTRICT; SECTION 35 -
Cl DISTRICT; SECTION 36 - I DISTRICT; AND
SECTION 37 - A DISTRICT AND BY PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the County Planning Department petitioned the Board of-
County Commlssloners to amend the Zoning Regulations;
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commis-
sioners of Collier County, Florida:
SECTION ONE:
The Zoning Ordlnance 76-30 Is hereby amended as follows:
SECTION - 3 DEFINITIONS:
Change Director to read as follows:
Director: Director ls the Zoning Director of Collier County, Florida. The
Director Is charged with the admlnlstratlon and enforcement of this ordinance.
Change Floor Area to read as follows:
Floor Area: Floor area is that area within a building having a roof impervi-
ous to weather and accessible from the Interior of the building, which Is
within a completely enclosed building. For purposes of this ordinance, attics
with a headroom of less than seven (7) feet, crawl space where the ce. lling is
not more than an average of forty-eight (48) Inches above the goqneral ~J~Ished
and graded level of the adjacent portion of the lot, garages~ po~hes, j;~atiE~J(~
carports, enclosed stairs or fire escapes, elevator structures, c~]~ling t~wer-r,-r-
and parking structures are not to be considered as floor area.
Change Hotel or Motel Unit to read as follows:
Hotel or Motel Unlt: A hotel or motel unit ls a unlt designed ~;~r tra~_~.~ent
o-'-~-~-p~'~-~'~-d-~'~Tzed for rental purposes only. A motel or hof-~! unlt~all
not have separate electric or water meters for any of the separate units In
the hotel or motel. A hotel or motel unit may have cooking or eating facili-
ties, but the number of such hotel or motel units Ina hotel or motel shall be
limited as stated in the definition of "Hotel, etc.". A hotel or motel unit shall
contain bathing and sanitary facllltles.
Add the following new deflnltlons:
Garden Supplies: Garden supplies, other than machinery, shall Include
seeds, potting soil and mixtures, bark and other mulch materials, solid and
liquid fertilizers, Insectlcldes~ herbicides, funglcldes~ flower pots or baskets,
hand tools and sprayers~ bagged rocks and stones, patlo stones and bricks,
and other similar items.
Recreatlonal Facilities Not Accessory To Principal Uses:
Uses similar to present residential accessory uses such as swimmlng pools,
tennis courts, accessory clubhouses or parks which will be under common
ownership and serve more than one (1) residence.
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SECTION 8 - SUPPLEMEN"rARY DISTRICT RE'GULATIONS
Amend Paragraph 2 - Accessory Structures on Waterfront and Golf Course
Lots as follows:
Amend rear yard setback for pools and screen enclosure= by changing
15' to 10~.
Amend side yard setback for boat slips and ramps by changing 10' to
Amend Paragraph 5 to read as follows:
Every bulldlng hereafter erected or moved shall be on a lot adjacent to a
public street, or with actual and legal access to an approved private
street., and all structures...or approved prlvate street for at least
twenty (20) feet.
Amend Paragraph 7A to read as follows:
7. PARKING~ STORAGE OR USE OF MAJOR RECREATIONAl. EQUIP-
MENT:
Change Paragraph A to read as follows:
r~lajor recreational equipment Is hereby, defined as Including
boats and boat trailers, travel trailers, pick-up campers
coaches (deslgned to be mounted on motorized vehicles),
motorized dwellings or motor homes over twenty (20) feet In
length, tent trailers, popout campers, houseboats, and the
Ilke, and cases or boxes used for transporting recreational
equipment, whether occupled by such equipment or not. No
major recreational equipment shall be used for living, sleeping,
or housekeeping purposes when parked or stored on a residen-
tially zoned lot or any location not approved for such use.
In districts permitting single family homes or mobile homesI
major recreational equipment ~nay be parked or stored'°nly in a
rear yard (on corner lots, the rear yard shall be considered
the rear of the residence), or In a completely enclosed build-
lng, or In a carport, or on davits or cradles adjacent to
waterways; major recreational equipment may be parked
anywhere on restdentlal premlses for not to exceed twenty-four
(24) hours during loading and unloading, and/or cleaning
prior to or after a trip. (Rev. ORD. 78-60 11/7/78)
This paqagraph does not apply to "A" and "E" zoned lands.
Amend Paragraphs 7B (1) to read as follows:
(1) Such major recreational equipment may, upon obtainlng a permit
from the Director, be parked upon the premises of the resident for
a period not exceeding three (3) days for the purpose of loading,
unloading, repairing, and/or cleanlng prior tc or after a trip. The
permit for such period may be affixed to the vehicle in a consplcu-
ous place on the street side thereof.
Add a new paragraph 7B (4) to read as follows:
(4) Non-Resident: Such car, trailer, bus or motor home, when used
for transporation of visitors to this County to vlsit friends or
members or the visitors' family residing In this County may upon
obtaining a permit from the Director be parked upon the premises.
or the visited family for a period not exceedlng ten (10) days. The
permit shall be affixed to the vehicle In a conspicuous place on the
street side thereof. This permit does not allow for living, sleeping,
or housekoeplng purposes.
The Director may, for good cause shown, authorize the Issuance of
a second consecutive permit not to exceed ten (10) days. An
additional permit for the parking of such vehicle will not be issued
until after the appllcatlon has been revlewed and approved by the
Board of County Commlssloners.
Amend Paragraph 8(4) - Parking of Commercial Vehicles, to read as follows:
(4)
Automobiles, vans, pick-up trucks having a rated load capacity of
one ton or less shall be exempted from this ordinance unless other-
~ In Section 13A.
Add a new Paragraph 26 to read as follows:
26. Home Occupations
(1)
General Provislons for Home Occupations: In any residential
alstrict, a home occupation shall be allowed and it shall be
condtJct~.d hy ~n occupant thereof, and which use Is clearly
'Incidental and secondary to the use of the dwellln¢i for dwel-
ling purposes and does not change the character [hereof; and
provided that all the following conditions are met:
A. There shall be no on-site or off-site premise advertising
signs.
B, The use does not generate more traffic than would nor-
mally be experienced at a resldence,
C. There shall be no receiving or storage of goods or mate-
rials other than normal delivery by U,S, Postal Service or
similar carrier during dayllght hours.
D. Parking or storage of commercial vehicles or equipment as
prohibited by Paragraph O of thls Sectlon.
E. The on-premises use of any equipment or materials, by
thelr nature, shall not create or produce excessive noise,
obnoxious fumes, dust or smoke.
F. The on-premlses use of any equipment or tools shall not
create any amount of vlbratlon or electrical disturbance.
No on-premlses use or storage of any hazardous materlals
shall be kept in such an amount as to be potentially
dangerous to persons or property outside the confines of
the home occupation.
H. There shall be no retail sale of materials, goods or prod-
ucts from the premises.
I. There shall be no outside storage of goods or products
(except plants).
(2)
Any home occupatlon that Is found to have violated any pro-
vision of this section shall be discontinued upon receipt of
notlce from the Director. Failure to comply with said notice
shall constitute a vlolatlon of thls ordinance and for each day
the use continues shall be considered a separate offense.
(3)
Home occupations existing prior to the effective date of this
amendment and found not to comply with the provisions of this
ordinance shall be deemed a vlolatlon and shall be either
discontinued or shall meet the provisions imposed by this
Section.
Add a New Paragraph 27 to read as follows:
27.
Garbage Dumpste,~s
Garbage dumpsters
following condltions
shall be permitted In all districts subject to the
1. All dumpsters
arty owners or
2. The following
dumpsters:
must be screened from vlew of adjoining prop-
streets at first floor level.
structures may be pertained as screening for
A. Wood fence.
B. CBS wall.
C. Vegetative screening In conjunction with A or B above.
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Dumpsters may be permitted within the building setback area
provided there is no obstruction of vision of adjacent streets.
Screening for dumpsters shall be exempted from height liml-
tations for fences provided there Is no obstruction of vision of
adjacent streets.
Industrial Zoned Dlstricts shall not be subject to the screening
provlsions.
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Add a New Paragraph 28 to read as follows:
28. Integral Caretaker's Residence In Commercial and Industrial
Districts:
The Zonlng Director may authorize the construction of a caretaker's
residence In the PC, CC, GRC, Cl end I Districts subject to the
following: ,
1. The residence shall be constructed as an integral part of the
principal structure and shall be entered from within the princi-
pal structure. Exits required to comply with the fire code
shall be permitted.
2. The caretaker's residence shall be an accessory use and shall
be for the exclusive use of the property owner, tenant~ or
deslgnated employee operating ;'or malntainlng the principal
structure.
3.' Minimum floor area shall be 200 square feet.
4. Off-street parking shall be as for a single family residence in
accordance with Section 1R.
5. Any other requlrement which the Zoning Director determines
necessary and appropriate to the case.
6. Residences which are designed as a detached structure shall
be considered a provisional use in the PC? CC~ GRC, Cl and I
Districts subject to the provisional use requirements of the
district in which such structure is permitted.
~ECTION 9 - AREAS OF ENVIRONMENTAL SENSITIVITY
Amend Paragraph 2 by changing the title to read as follows:
2. "ST AS A ZONING OVERLAY DISTRICT~ DESIGNATION OF "P-ST"
LANDS.
Amend Paragraph 2 by adding a New Paragraph B to read as follows, and
numbering present Paragraph as Paragraph A:
For purposes of identlfylng land from which the residential develop-
ment rights have been transferred, such lands shall be designated
on the Official Zoning Atlas by affixing the letter "P" for preserva-
tion to the symbol "ST", thusly "P-ST" together with the symbol of
the basic zoning district which it overlays. Such designation shall
be placed on the land after the Board of County Commissioners has
accepted the deed and/or guarantee to said property.
Amend Paragraph 9A(7) to read as follows:
(7)
Three coples of an executed deed of transfer of ownershlp of the
"ST" property to the County in a form approved by the County
Attorney~ or, If tile owner elects not to deed the "ST" land to the
County, the "ST" owner shall provide a guarantee~ agreeable to
and approved by ordinance of the Board of County Commissioners~
that the "ST" land will be forever retained In its natureal condition
and will never be developed in any manner whatsoever by anyone.
For the purpose of this recjulrementt natural conditions shall
include minor nature related improvements such as nature paths~
boardwalkst outdoor educational learnin9 areast and removal of
exotic vecjetation.
Such a guarantee shall be recorded with the Clerk of the Circuit
Court of Collier County, Florida, as a recorded restriction of the
use of such land and shall be binding to all present and subsequent
owners, heirs, or assigns of such property. Such restrictions may
not be amended, deleted, or otherwise altered except by affirmative
vote of all members of the Board of County Commissioners.
SECTION 18 - OFFSTREET PARKING AND LOADING
Amend Paragraph 3B to read as follows:
B. Surfaced wlth asphalt, bituminous, or concrete materlal and main-
_ ._rained in smooth, dustless~ and well-graded condition (drivewayst
010 ,nd off-,tr,et parking spaces for hous, of worship
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and public and private schools offering academic courses may be
surfaced with grass or lawn). Upon approval of the Director, a
sultable materlal with a suitable stablllzed subgrade may be substi-
tuted for the above materlals. Thls paragraph does not apply to
single family dwellings..
Amend Paragraph 4B to read as follows:
Each off-street parking space must be directly accessible fro.m a
street, alley, or other public right-of-way. Except for single and
two family dwcI!In~s, =II off-street parking facilities mt~st be $o
arranged that no automobile shall have to back onto any street.
Add a New Paragraph 5 F to read as follows:
F. Fire lanes in accordance with Ordinance 76-49.
Amend Paragraph 16 to read as follows:
Single Family Dwelllng 2 spaces
Amend Paragraph 16 by adding the followlng uses:
Model Homes
As determined by the Director
SECTION 21 - RESIDENTIAL DISTRICT
Amend Paragraph 3 C (3) n and 3 D (3) b by deleting the 10' setback for
two-story dwelling.
SECTION 24 - PUD DISTRICT
Amend Paragraph 9 to read as follows:
9. Effect of Planned Unit Development Zoning
If the Board approves the proposed PUD rezonlng, the Master Plan
for development and all other information and materials formally
submitted with the petition shall be considered as adopted as an
amendment to the zonlng ordinance and shall become the standards
of development for the subject planned unit development. Thence-
forth, development in the area delineated as PUD district on the
Official Zoning Atlas shall proceed only in accord with the adopted
Master Plan for said district.
Before development of any type may proceed, however, all agree-
ments or contracts required but not approved at the time of amend-
ing action shall be approved by appropriate officers or agencies of
the County. In those Instances where final plats are required by
other County regulations, building permits may be Issued after a
final plat and construction plans have been approved by the County
Commission, thereby permitting appropriate construction as neces-
sary Improvements are Installed; but no occupancy permit shall be
Issued until the final plat of the project or phase thereof has been
recorded.
SECTION 29 - MOBILE HOME RENTAL PARK DISTRICT
Amend Paragraph 8 to read as follows:
8. Required Buffers
Visual screens are requlred for travel trailer parks as a provisional
use as follows:...
Amend Paragraphs B & C by changing the words "mobile home rental parks"
to "TTRV".
Amend Paragraph 9 to read as follows: E0~( 0~0 ~A=E2~
9. Required Internal Park Street System
All lots within a mobile home rental park shall have direct access
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from an internal street. All Internal streets within the mobile home
park shell provide sara ~'nd convenient access to a public street and
shall be paved or be of a hard, dustless material.
SECTION 32-PC Professional Commercial Dlstrlct
Amend Paragraph 2 D by adding a new sub-paragraph (2) to read as follows:
(Z) Caretaker's Residence (See Section 8.28)
SECTION 33-CC CONVENIENCE COMMERCIAL DISTRICT
Amend Paragraph Z B by adding a new sub-paragraph (2) to reed es follows:
(2) Caretaker's Residence (See Section 8.28)
Amend Paragraph 2C(2) to read as follows:
(2) Detached residence In conjunction wlth business
business.
SECTION 34-GRC GENERAL RETAIL COMMERCIAL DISTRICT
Amend Paragraph 2B by deleting paragraphs concerning
docks.
one (1) per
boat houses and
Amend Paragraph 4 by adding a new Paragraph E to read as follows:
E. Setback requlrements are measured from the right-of-way llne in
cases Involving public streets.
(5) Detached residence in conjunction with a business - one (1) per
business.
SECTION 35-CI COMMERCIAL INDUSTRIAL DISTRICT
Amend Paragraph 2B by adding sub-paragraph (2) to read as follows:
(2.) Caretaker's Residence (See Section 8.28)
Amend Paragraph 2C(4) to read as follows:
(4) Detached resldence In conjunction with business one (1) per
business.
SECTION 36-1 INDUSTRIAL DISTRICT
Amend paragraph 2B to read as follows:
(B) Permitted Accessory Uses and Structures
Accessory uses and structures customarily associated with the uses
permitted In this district including caretaker's residence. (See
Section 8.28).
Amend Paragraph 2C by adding new paragraph (5) to read as follows:
(5) Detached residence in conlunctlon with business - one
buslness.
(1) per
In cases where the property Is provlded access through a private
easement, the setback requlrements shall be measured from the
Inside edge of the private easement of the subject property.
In the event that the owner of the property is unable to provide
adequate orr-street parking, loading, and vehicular circulation as a
result of measuring the setback from the Inslde edge of a private
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Amend Paragraph 2C(5) to read as follows:
Amend Paragraph 2B by adding a new sub-paragraph (2) to read as follows:
(2) Caretaker's Residence (See Section 8.28)
easement, the Zoning Director i's authorized to reduce the setback
requirements from the'Inside edge of the prlvate road, provided
such reductlon is not greater than 2596 of the required setback.
SECTION 37-A AGRICULTURE DISTRICT
Amend Paragraph 2A(7) to read as follows:
(7) Wholesale and retail plant nurseries and sales (to include the sale of
garden supplies as defined in this ordinance).
SECTION TWO:
This OrdinanCe shall become effective upon receipt of notice that it has been
filed by the Secretary of State.
ADOPTED thls 8th day of
.? ,.'ATTE$'~.j' .u,;..,.
· ~.~ / ~1 LL/~M"~'.'..~AC,,X~W', CLERK
Plennlng Department
11/28/79
Janet7 , ig~d.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Cliff/q~t Wenzel, Chairman
STAT~ OF FLORIDA )
COUNTY OF COLLIER )
I, WILLI. AH J. REAC~uN, Clerk of Courts in nnd for the Twentieth Judicial
Circuit, Collier County, Florida, do hereby certify that the foregoing is a
true original of:
ORDINA~%'E NO. 80- 4
which was adopted by the Board of Cotmt7 Commissioners during Regular
Session January 8, 1980.
WITNESS my hand and thc official seal of the Board of County Cm~nissioners
of Collier County, Florida, this 8th day of January, 1980.
~IILLIAH J. REAGAN
Clerk of Courts and Clerk
Ex-officio to Board of
County Commissioners , .: ~;, ,,,
Virginia ~agri, D~p~F~..Clefk .'
This ordinance filed with the Secretary of State's
Office the l~th day o~' January, 1980 and acknowledgem~ ........ "
of that filing received this 16th day of January, 1980.
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