Ordinance 78-60ORDINANCE 78 - ~0
AN ORDINA2~CE A~NDING. ORDINANCE 76-30 THE
COMPREHENSIVE ZONING REGULATIONS FOR THE
UNINCORPORATED AREA OF THE COASTAL AREA
PLANNING DISTRICT BY kMENDING THE FOLLOWING
SECTIONS AS HEREINAFTER DESCRIBED: SECTF~DN
3-DEFINITIONS; SECTION 8-SUPPLEMENTATY ~ ~
DISTRICT REGULATIONS; SECTION 13-SPECI.A~ ~
PROVISIONS FOR IIOUSING OF FARM LABOR; ' ~ ~ ~
SECTION 18-OFFSTREET PARKING AND OFFSTRE~ ~
LOADING; SECTION 21-RESIDENTIAL SINGLE ~. ~
FAMILY DISTRICT; SECTION 22I-RESIDENTIAL'~'
MULTIFAMILY DISTRICT; SECTION 23-RESIDENT~o
MULTIFAMILY DISTRICT; SECTION 25-RESIDENT~A~
TOURIST DISTRICT; SECTION '26-GOLF COURSE ~
DISTRICT; SECTION 26II-RECREATION OPEN SP~E
DISTRICT; SECTION 27-FISHING VILLAGE RESIDEN-
TIAL DISTRICT; SECTION 28-MOBILE ~OME SUBDI-
VISION DISTRICT; SECTION 32-PROFESSIONAL
COMMERCIAL DISTRICT; SECTION 33-CONVENIENCE
COMmeRCIAL DISTRICT; SECTION 34-GENERAL
RETAIL COMMERCIAL; SECTION 35-COMMERCIAL
INDUSTRIAL DISTRICT; SECTION 36-INDUSTRIAL
DISTRICT; SECTION 37-AGRICULTURE DISTRICT;
SECTION 38-ESTATES DISTRICT AND SECTION 39-
ADMINISTRATION AND ENFORCEMENT; SECTION 42-
FEES, AND BY PROVIDING AN EFFECTIVE DATE.
WHEREAS, the County Planning Department petitioned the Board
of County Commissioners to amend the Zoning Regulations, Ordinance
76-30, as hereinafter described;
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:
A~ND SECTION 3-DEFINITIONS AS FOLLOWS~
Add a New Definition to read as follows-Commercial~qui~nt:
Any equipment commonly used in a commercial busineS~,i.e.--
contractors equipment, earth moving machinery, util~y tra~tl~,
and devices 6sed for the transportation'of equipme~,
or merchandise.
Change thu definition for hotel~ Mqtel Boatel, Mot~ Hot~ ~
Motor Lodge, To.uris~ Cour~ to read as follows: The_~erms_~ote-I,
motel, boatel, motok hotel, motor lodge, tourist c~rt a~ to
be considered synonomous and to mean a building or a group of
buildings in which sleep accommodations are offered to the
public and intended primarily for rental to transients with
daily charge; as distinguished from multiple-family dwellings
(apartments) and rooming or boarding houses, where rentals
are for periods of a week or longer and occupancy is generally
by residents rather than transients. No more than 25% of the
units in a hotel, motel, motor hotel, boatel, motor lodge or
tourist court may have cooking facilities except when said
units are in a district that permits both hotel, motel, etc.
and multi-family dwellings.
;~END SECTION 8-SUPPLEMENTARY DISTRICT REGULATIONS AS FOLLOWS:
Amend Paragraph 2-Accessory Structures on Waterfront and
Golf Course Lots by adding (13) and (14} as followsz
FRONT REAR SIDE S-S
13. Docks NA NA 7.5 NA
14. Boat Slips &
Ramps(Private NA NA 10 NA
Amend Paragraph 7A to read as follows: Parking, Storage
or Use of Ma~or Recreational Equipment~ Major recreational
equipment is hereby defined as including boats and boat
trailers, travel trailers, pickup campers or coaches
(designed to be mounted on motorized vehicles), motorized
dwellings or motor homes over twenty (20) feet in length,
tent trailers, popout campers, houseboats, and the like,
and cases or boxes used for transporting recreational
equipment, whether occupied by such equipment or not. No
major recreational equipment shall be used for living,
sleeping, or housekeeping purpoees when parked or stored
on a residentially zoned lot or any location not approved
for such use. Major recreational equipment may be parked
or stored only in a rear yard (on corner lots, the rear
lot shall be considered the rear of the residence),or in
a completely enclosed building,or in a carport, or on
davits or cradles adjacent to waterways on residentially
zoned property; provided, however, that such equipment
may be parked anywhere on residential premises for not
to exceed twenty-four (24) hours during loading and
unloading, and/or cleaning prior to or after a trip.
Amend Paragraph 8 and Paragraph 8A to read as follows:
8. Parking of Commercial Vehicles or Commercial Equip-
~ent in Residential AreaS~
A. It shall be unlawful to park a commercial vehicle
or commercial equipment on any lot in a residential zoned
district unless one of the following conditions exist:
Amend Paragraph 12A to read as follows:
12. Locational Restrictions for Use Involving Intoxi-
cating Beverages~
A. Sale of Alcoholic Beverages: The sale of alcoholic
beverages for consumption on Premis'es will not be permitted
at any location until such location has been approved by
the Zoning Director. Prior to action by the Zoning Director
for recommending a location for sale of alcoholic beverages
for consumption on premises at any location, he shall find
that the following requirements have been met:
(1) No such use shall be located within five hundred
(500) feet of any established school, church, public park,
or playground.
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 alcoholio beverages are
to be sold.
(2)' No such use shall be located within five hundred
(500) feet of any existing establishment which sells alco-
holic 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 locate~ and the lot
on which the alcoholic beverages are to be sold.
(3) The uses in the immediate area are capable of
existing together in harmony with the proposed sale of
alcoholic beverages.
(4) That any nuisance or hazard £~aLure l~volYed I~
adequate for the use.
(5) That excessive traffic will not be generated on
residential streets.
(6) That the land and/or buildings involved are adequate
for the use.
(7) The petition shall be accompanied by a plot plan
showing the following:
(a) Dimensions of subject premises.
(b) All vehicular points of ingress and egress.
(c) Compliance with all requirements of Ordinance
76-30 including landscaping, offstreet parking,
buffer areas, and location and size of all signs.
Amend Paragraph 13 by deleting Subparagraph D in its entirety
and renumbering remaining paragraphs accordingly.
Amend Paragraph 16 by deleting Subparagraph C(2) in its
entirety.
AMEND SECTION 13-SPECIAL PROVISIONS FOR HOUSING OF FARM LABOR
AS FOLLOWS:
Amend Paragraph 4 to read as follows~
4. Farm Labor Committee: The peculiar problems created by
the necessity for housing farm labor, and the particular prob-
lem of housing transient farm labor, require that special
knowledge be brought to the matter of approving development
plans for farm labor housing. Therefore, an advisory committee
is hereby established to consist of five (5) residents of the
County knowledgeable in the problems of farm labor. The
advisory committee shall be known as the Farm Labor Committee
and shall be appointed by the Board to serve terms of four (4)
years.
Amend Paragraph 5 to read as follows~
5. Farm LaBor Committee-Role in Approval of Development Plans~
It s~all b9 the responsibility'of the Farm Labor Committee t0-
review development plans submitted under this section and to
determine that such plans meet ~e standards set out in this
section and in Section 39.8 of this Ordinance in the context
of farm labor housing.
$~dEND SECTION 18-OFFSTREET PARKING AND OFFSTREET LOADING AS
FOLLOWS:
Amend Paragraph 3B.to read as follows~
B. Surfaced with asphalt, bituminous, or concrete material
and maintained An smooth, dustless, and well graded condition
(driveways, access aisles, and offstreet parking spaces for
houses of worship and public and private schools offering
academic courses may be surfaced with grass or lawn.) Upon
approval of the Director, a suitable material(limerock excluded)
with a suitable stabalized subgrade may be substituted for the
above materials. This paragraph does not apply in Agricultural,
Estates, RS, ~%~-1, and RM-1A Districts.
Amend Paragraph 4C and Paragraph 4C(1).to read as follow~
C. The required offstreet parking facilities shall normally.
be located on the same lot or parcel of land as the building
or use it is intended to serve.
H~ever, the Zoning Director, after a review Of a develop-
ment plan submitted in accordance with Section 39.8, may allow
the establishments of the required offstreet parking facilities
within six hundred (600) feet of the building or use At ks
intended to serve when" practical difficulties prevent the
placing of the required offstreet parking facilities on the
same lot as the building or use At is intended to serve
providing:
(1) The Zoning Director may impose such regulations or
conditions upon approval as he may deem appropriate for the
protection of the health, safety, and well-being of the
citizens of the County which may include but shall not be
limited to pedestrian graound level and overhead walkways,
traffic signals, traffic control devices, and directional
signs, controlled ingress and egress, fences, walls, and veg-
etative screens as determined appropriate.
Amend Paragraph 13 to read as follows:
13. Offstreet Parking-Required= Required offstreet parking
according with the requirements of this Ordinance shall not
be reduced in area or changed to any other use unless the
permitted or permissible use that is serves is discontinued
or modified, or equivalent required offstreet parking is
provided meeting the requirements of this Ordinance.
Add a new Paragraph 14 and renumbering present paragraphs from
14-20 to 15-21:
14. Offstreet Parking - Reservation: Where in the determi-
natioh of the Zoning Director, the required number of spaces
is excessive for a sepcific use, the owner or agent may sub-
stitute landscaping in lieu of paving provided said areas are
reserved for future parking should the County find those
spaces are needed, and further provided=
A. A site development plan is submitted to and approved
in accordance with Section 39.8.
B. The owner of the land upon which such parking is
being reserved shall enter into a written agreement with the
County with enforcement running to the County ensuring that
the reserved parking area shall never be encroached upon, used,
sold, leased or conveyed for any purpose except in conjunction
with the building or use which the reserved parking area
serves so long as the offstreet parking facilities are required.
C. The owner of the land which such reserved parking
area is located agrees to bear the expense of recording the
agreement which shall bind his heirs, assigns or successors.
D. The written agreement shall be voided by the County
if the reserved parking area is converted to usable parking
area or if the reserved parking area is no longer required.
Amend Paragraph ~50ffstreet Parkin~=Required Amounts. by
adding the following=
Furniture or 'Carpet Stores i space for each 500
square feet of gross
floor area.
AMEND THE FOLLOWING SECTIONS BY ADDING A ~ PARAGRAPH AS
FOLLOWS:
SECTION 21.3A(5)B(5)C(5) and D(5) SECTION 32.7
" 22.8 " 33, 8
" 23.9 " 34.7
" 25.8 " 35.6
"' 26 · 4 " 36 · 6
" 26.II.7 " 37.7
" 27.8 " 38.8
" 28.9
In order to comply with the minimum flood elevation require-
ments, the maximum height of a structure shall be measured
from the minimum base flood elevation required by the Flood
Elevation Ordinance.
AMEND SECTION 23.RM-2 RESIDENTIAL MULTIFAMILY DISTRICT AS'
FOLLOWS:
Change Paragraph 13C(5) to Paragraph 13D.
AMEND SECTION 32 - PC PROFESSIONAL COMMERCIAL DISTRICT AS
FOLLOWS:
~; ~u~u~u~, unzversl~les and Schools
Adding a new Paragraph 11 to read as foll~s:
11. Required Buffer for Property Adjacent to Residential
Zoned-ProDertyl Where such commercial abuts property zoned
fcr residential purposes, there shall be provided a landscaped
buffer area designed and planted so as'to be eighty (80) per-
cent opaque when viewed'horizontally at three (3) feet above
ground level, and said plant materials should reach a height
of five (5) feet within two years after planting. A fifteen
(15) foot wide landscaping area may be substituted for the
required three (3) foot high planted buffer. Such landscaped
buffer shall be located between the common lot line and the
commercial activity or offstreet parking area exposed to the
abutting residential property so that the purpose of screening
the commercial area is accomplished. If this buffer is located
on or within · utility easement, the maximum height of the
vegetative buffer shall be fifteen (15) feet.
AMEND SECTION ~3 - CONVENIENCE CO~dERCIAL DISTRICT AS FOLLOWS~
Adding a new Paragraph 16 to read as follows:
16. Required Buffer for Property Adjacent to Residential
Zoned Property~ Where such commercial abuts property Zoned
for residential purposes, there shall be provided a landscaped
buffer area designed and planted so as to be eighty' (80) per-
cent opaque when viewed horizontally at three (3) feet above
ground level, and said plant materials should reach a height
of five (5) feet ~ithin two years after planting. A fifteen
(15) foot wide landscaping area may be substituted for the
required three (3) foot high planted buffer. Such. landscaped
buffer shall be located between the common lot line and the
c6mmercial activity or offstreet parking area exposed to the
abutting residential property so that the purpose of screening
the commercial area is accomplished. If this buffer is located
on or within a utility easement, the maximum height of the
vegetative buffer shall be fifteen (15) feet.
AMEND SECTION 34 - ~ENERAL RETAIL COMMERCIAL DISTRICT AS
FOLLOWS:
Amend Paragraph 2A by adding the following to Principal Uses
and renumbering accordingly~
(98) Retail Fish Markets
Change present (98) to (99)
Amend Paragraph 2C - Provisional Uses by adding the following:
(10) Used Car Lots
AMEND SECTION 35 - COMMERCIAL INDUSTRIAL DISTRICT AS FOLLOWS:
Adding a new Paragraph 10 to read as follows:
10. Required Buffer for Property Adjacent to Residential
Zoned Property~ Where s~ch commercial area abuts property
zoned for residential purposes, there shall be provided a
landscaped buffer area designed and ~7 ted ~o as to be
eighty (80) ~ercent opaque when vie%. .~rizontally at three
(3) feet above ground level, and cai, ~ant materials should
reach a height of five (5) feet within' two years after planting.
A fifteen (15) foot wide landscaping area may be substituted
for the required three (3) foot high planted buffer. Such
landscaped buffer shall be located between the common lot line
and the commercial activity c.-. offstreet parking area exposed
to the abutting residential prope.-.ty so that the purpose of
is located on or within a utility easement, the maximum height
of the vegetative buffer aha11 be fifteen (15) feet...
. ',.; , ,. ~.. ... ~
AMEND SECTION 36 - INDUSTRIAL DISTRICT AS FOLLOWS~
Adding a new paragraph 11 to read as follows~
11. Required Buffer for Property Adjacent to Residential
Zoned Property~ Where such industrial area abuts property
zoned for residential purposes, there shall be provided a
landscaped buffer designed and planted so as to be eighty
(80) percent opaque when viewed horizontally at three (3)
feet above ground level, and said plant materials should
reach a height of five (5) feet within two years aftcr
planting. A fifteen (15) foot wide landscaping area may be
substituted for the required three (3) foot high planted
buffer. Such landscaped buffer shall be located between the
common lot line and the industrial activity or offstreet
parking area exposed to the abutting residential property so
that the purpos~ of screening the industrial area is accom-
plished, if this buffer is located on or within a utility
easement, the maximum height of the vegetative buffer shall
be fifteen (15) feet.
AMEND SECTION 38 - ESTATES DISTRICT AS FOLLOWS~
Amend Paragraph 2B(4) to read as followss
(4) Keeping of horses and/or livestock (excluding pigs and
hogs) not to exceed two (2) per acre. Any roofed structure
for the shelter and feeding of such anfmals shall be no less
than twenty (20) feet from any lot line or closer than one
hundred (100) feet to any existing residence located on
adjacent property. No open feed lot storage for animals
shall be permitted.
Amend Paragraph 2C - Provisional Uses by adding (7) and (8)
.as follows~
(7) Chfld Care Centers
(8) Administrative Offices for Nonmprofit public Oriented
Uses.
Amend Paragraph 3 to read as follows~
3. Minimum Lot Areas Two and one-quarter (2%) acres.
Paragraph 10.
See
Amend Paragraph 10 to read .as follows~
10. pon-Conforming Lots of Records Any lot or parcel which
was recorded or for which an agreement for deed was executed
prior to October 14, 1974 (Ord. 74-42and Ord. 7S-24) and
which lot or parcel does not meet the minimum width and
area requirements for a principal use as a result of the
passage of this Ordinance shall be considered as a legal non-
conforming lot and shall be eligible for the issuance of a
building permit provided all other requirements of this Ord-
inance and the Florida Statutes are met. This section applies
to Principal Uses only. All Provisional Uses shall require
the minimum of two and one-quarter (2%) acres of land area.
AMEND SECTION 39 - ADMINISTRATION AND ENFORCEMENT AS FOLLOWSs
Amend Paragraph 8A to read as follows~
8A. ~rocedure: Where by the terms of this Zoning Ordinance,
approval of a site alteration and/or development plan is
roquired prior to the issuance of a building permit, such site
alteration and/or development plan shall be submitted to the
Zoning Director. He shall circulate the site alteration and/
or development plan for comment and criticism to all County
officers or departments which may have a responsibility for
some aspect of the site alteration and/or development plan.
Amend 8C to read as followsl
C. Zoning Director ActionI In reaching a decision as to
whether the site al~erati6n and/or development plan as sub-
mitted shall be approved or approved with changes or in
reaching a decision not to approve the plan, the Zoning
Director shall follow the procedure set out in Section 39.8
A and B above and shall be guided in his decision and the
exercise of discretion to approve, approve with conditions,
or to deny by the following standards~
(1) through (10) leave as presently written.
Amend Paragraph 8E to read as follows:
E, ghanges and Amendments: Any change in an approved site
alteration and/or development plan requires a review as for
a new request, (See Paragraphs SA' through 8D above),
AMEND SECTION 42 - SCHEDULE OF FEES AND CMARGES BY REMOVING
THE FOLLOWING~
Alcoholic Beverage Petition 100.00
Offstreet Parking Location Variance 100.00
Site Alteration or Development Plan Approval 50.00
SECTION TWO:
This Ordinance shall become effective upon receipt of notice
that it has been filed with the Secretary of State.
DATE: November 7, 1978 BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
"'A. PISTO ,
:r /,6/ . ' V I - //
J~'".'iff.~['~I~I~J. REAGAN, Clerk of Courts in and for the Twentieth Judicial .
Cit$~;{t',"C~ier County, Florida, do hereby certify that the foregoin is a
true'6~gihAi of ORDINANCE NO. 78-60 which was adopted by the Board o~ County
Commissioners during Regular Session November 7, 1978.
WITNESS my hand and the official seal of the Board of County Com-
missioners of Collier County, Florida, this 7t5 day of November, 1978.
WILLI~! J, REAGAN
Clerk of Courts and Clerk
Ex-officio to Board. of
County Commissioners
This ordinance filed with the Secretary of State's office th~14'th day::~f': :~.
November, 1978 and acknowledgment of that filing received tI{~s 16th day ef~
November, 1978. ' ' '
B7 .
008