Ordinance 80-021 ORDINANCE NO. 80- 21
AN ORDINANCE AMENDING ORDINANCE 76-30
THE COMPREHENSIVE ZONING REGULATIONS
FOR THE UNINCORPORATED AREA OF THE
COASTAL AREA PLANNING DISTRICT BY
AMENDING SECTION 3; SECTION 8; SECTION
21,2,C,(3); SECTION 22.1,2,C(1); SECTION
22.11,2,C,(1); SECTION 22.111,3,C,(2);SEC'
TION 22.1V, 2,C,(3); SECTION 23,2
SECTION 38,2,C~(7).
WHEREAS, the Coastal Area Planning Commlssion has recommended to the
Board of County Commissioners 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 Ordinance 76-30 Is hereby amended as follows:
Amend Section 3, Paragraph H by adding the definition of an owner occupied
child care center which reads as follows:
CHIP' Care Centers Owner Occupied: a chlld care center located in the same
structure as the residence in whlch the owner or operator resides. The
term Includes day nurseries, kindergartens, day care service, day care
agency, nursery school~ or play school. The term does not Include foster
homes.
Amend Section 8, by addlng Paragraph 29 as follows:
29. CHILD CARE CENTER - OWNER OCCUPIED:
(A) The owner or operator must malntain his reslde~ in ~l~e~=J~rl~e
structur, on which th. owner occupl.d child centaur is CI;ilcatte.~l~
Churches are exempted from (A) and (B) of Paragr~h 29,.~Sec~i.~
as well as the requirements of Section la.
(B) The maximum number of children permltted shall be slx (6) for the
first 7,000 square feat of lot area and one (1) child for' each 1,000
square feet of lot area In addition to the first 7,000 square feet of
lot area.
ThO"Board may approve a lot of less than 7,000 square feet in
are~..if'Such lot was originally platted less than 7,000 square feet In
.... are~;
'!_ -. ~'..'The maximum number of children which may be approved by
-.c ~ the":BoaiEd of County Commissioners for each' owner occupied child
'~ car~ ce~er shall be twenty-five (PS) children.
~'~) Fc~ the purpose of thls ordinance, play area Is defined as the
area ~peclfically designed and used for play, exercise, o~ outside
teaching or training area and does not Include off-street parking,
loading and unloading areas, utility areas, building areas or re-
quired open space and landscaped areas.
(D) Fences and walls: A fence or wall shell be required as a separa-
tion between the play aria and an abutting lot.
A fence or wall may be constructed of wood, chain link or decora-
tive concrete block, provided it allows the free flow or a~r through
the play area and provides an eighty (80) percent opacity when
viewed from an abutting lot.
All fences and walls shall be subject to the following restric-
tions unless approved otherwlse by the Board:
(1) In any residential dlstrlct no closed wall or fence shall be
erected or maintained wlthln twcnty (20) feet from the corner
intersection oF street rlght-of-way.
(2) Fences or walls outside of front building line shall be limited
to a maximum height of four (4) feet. A fence or wall shall be
Ilmlted to a minimum of 5~ and a maximum of six (6) feet in the
rear and side yards unless the rear and/or side yard Is on a
canal or waterfront in which case the maximum height shall be
four (4) feet.
(3) No barbed wire, spire tlps~ sharp obJects~ or electrically
charged fences shall be erected In any residential area or
district.
(4) Fences shall be treated as a structure for building permit
purposes, and a permit shall be obtained prior to erecUon.
Setbacks shall remain measured from the prlncipal structure.
(5) A vegetative plantlng shall be allowed wlthln the setback area
between the fence or wall and the property llne of the subject
property.
(E) The playing of muslc or the use of any type of broadcasting out-
side of the bulldlng$ shall be prohibited.
(F) Supplementary condltlons~ as deemed appropriate, may be pre-
scrlbed by the Board.
Amend Section 21~2,C(3) to read as follows:
(3) Churches, schools; owner occupied Chlld Care Center subject
to Section. 8, Paragraph 29 in addition to the requirements of
Section 14.
Amend Section 22.1,2,C,(1) to read as followsi
(1) Churches, schools; owner occupled Child Care Center subject
Section 8, Paragraph 29 in additlon to the requirements of
Section 14.
Amend Section 22.11,2,C(1) to read as follows:
(1) Churches, schools; owner occupied Child Care Center subject
to Section 8, Paragraph :~9 in addition to the requirements of
Section 14.
Amend Section 22.111,3,C,(2) to read as follows:
(2) Churches, schools; owner occupied Child Care Center subject
to Section 8, Paragraph 29 In addition to the requirements of
Section 14.
20£$
Amend Section 22.1V,2,C(3) to read as follows:
(3) Churchas~ schools; owner' occupled Child Care Center subject
to Section 8~ Paragraph 29 In addition to the requirements of
Section 14.
Amend Soctlon 23,2,C(2) to road as follows:
(2) Owner occupied Child Care Centers subject to Section 8,
Paragraph 9 In addition to the requirements of Sectlon 14.
Amend Sectlon 30,."~C(7) to read es follows:
(7) Owner occupi~d Child Care Centers subject to Section 8, Para-
graph 8 In addition to the requirements of Section 14.
SECTION TWO:
This Ordinance shall become effective upon recelpt of notice that It has been
filed by the Secretary of State.
ADOPTED this . Sth day of Pobruary ~ 1980.
ATTEST:
WILLIAM J. REAGAN~ CLERK
., ,~ Z/~6179
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY~ FLORIDA
C[.IFFp~D WENZEL, C~IAIRMAN
STATH OF FLORIDA )
COUNTY OF COLLIER )
I, 1VILLIAH J. P~tGAN, Clerk of Courts in and for the ~,'entioth Judicial
Circuit, Collier CountT, Florida, do beret)' certify that the £oregoing is a
true original o£:
ORDINANCE NO. 80-21
which was adopted by the Board of County Comnissioners during Regular Session
February S, 1980.
WITNESS my hand and the of£icial seal of the Board o£ County Comnissioners
of Collier County, Florida, this 5th da)' of February, 1980.
lqlI,LI.AH J. REA~
Clerk of Courts and Clerk ,.,,,,\\kS~l~}.,
~x-o££ic[o to ~oaz~l o£ ~.. ' ';d"-
County ~/~issioners ~> ' ."",,,.':'... ,
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This ordinance filed with the ,-qeoretax'y o£ State's office
the 9th day of February, 1980 and acknowledgement of that
filing received this l~th day February, 1980.