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Ordinance 78-71 ORDINANCE 78 - 71' RE~IVED AN ORDINANCE AMENDING ORDINA~-bb ~-~1 COMPRE.ENS W ZONING REGULATIONS UNINCORPORATED AREA OF THE COASTAL AREA PLANNING DISTRICT BY AMENDING SECTIONS AS HEREINAFTER 9 AREAS OF ENVIRONMENTAL SECTION 22, ~SIDENTIAL MULTI~~ DISTRICT, AND PROVIDING AN EFFECTI~ DATE. WHEREAS, The County Planning Department petitioned the Board of County Com~issioners to amend 'the. Zoning Regulations, Ordinance 76-~0, as hereinafter described; NOW, THEREFORE BE IT ORDAINED by the Board of County ' Commissioners of Collier County, Florida= SECTION ONE: The Zoning Ordinance 76-30 is hereby amended as follows= AMEND SECTION 9, PARAGRAPH 8.B TO READ AS FOLLOWS= The transfer of residential development rights to be used for non-"ST" land shall be from "ST" designated land to non-"ST" land located in TDR-1, AM-l, AM-lA, AM-2, and RT Zoning Districts and shall be subject to all of the requirements of the basic zoning districts unless specifically approved otherwise as provided by law. AMEND SECTION 9, PARAGRAPH 8.F TO READ AS FOLLOWS= 1. Add a new paragraph (2) and renumber present paragraph (2) to paragraph (3)as follows= (3) Non-"ST" lands in the TDR-1 zoned ~ districts are eligible to receive o residential development units provided ~ that the maximum number of residential ~ units which may be transferred to the ~ non-"ST" land do not exceed a maximum~ number of three (3) units per acre of ~ non-"ST" land. ~ AMEND SECTION 22 BY ADDING PART III, TDR-1 TRANSFER OF DEVELOPMENT RIGHTS, MULTI-~'AMILY DISTRICT, WHICH READS AS FOLLOWS: 1. District Purpose: The provisions of this district are intended to apply to an area of medium density residences designed in a manner which encourages open space on-site or in combination with off- site open space, through the utilization of the transfer of development rights provided in Section 9, "ST" Special .Treatment Overlay District. 2. Designation of TDR-1.Lands and Waters~ The procedure.for designati~g~!'lana~an~ shall~be~.in accordance. taine~.in~Section.;4~ the.Board'Of.C°Un~y.i'igommtssiop~s.'Shall:~ · findi~¢ as' defined in Section 48.5 of Ordinance 76-30 are sufficient to adequately serve the maximum number of residential units resulting from the transfer of development rights to the subject land through its use in combination with land designated "ST" Special Treatment. BJ The transfer of residential development rights as an alternative to development will result in a public benefit through the pro- tection of the natural resources, reduction of.flood hazard, conservation of energy, and the long-range enhancement of the socio-economic vitality of Collier County. That the granting of %he TDR-1 designation is in compliance with the Goals, Objectives and Policies of'the Comprehensive Plan. Permitted Uses and Structures: No building or structure, or part thereof, shall be erected, altered, or used, or land or water used, in whole or in part, in a TDR-1 District for other than the following= A. Permitte~. P~in~ipal Uses (1) Multi-family dwellings B. Permitted Accessory Uses and Structures= (1) Customary accessory uses and structures (2) Signs as permitted in Section 20 (3) Non-Commercial boat launching facilities and multiple docking facilities (4) Private boat houses and docks, with or without boat hoists, on canal or water- way lots, not protruding more than five' (5) feet into the canal or waterway, unless such canal or waterway has a width of one hundred (100) feet or more; then the dock may protrude twenty (20) feet into such canal or waterway or such additional length as may be justified to the Zoning Director based on water depth, currents, unusual land contour or configuration, or some other natural con- dition. No boat or boat house may be used as a residence. Ail docks, regardless of length, shall have reflectors four (4) inches minimum size installed at the outermost end, on both sides. · Provisional Uses and Structures: The following uses may be permitted subject to the provisions of Section 14 of Ordinance 76-30: (1) (2) (3) ~ civic and..'cult~al :facilities (4)-v~t~on-c<~mme'~'C :.;':, accesser' Single Family Residences Churches, schools and child care centers Maximum Density, The maximum density shall be six (6) units per gross acre of land area when used independently of "ST" Special Treatment Land. The maximum density shall be nine (9) units per dare when used in combination with "ST" land which has been preserved as open space.in accordance with Section 9 of this Ordinance. 5. Minimum Lot Area Requirement, Five (5) acres of land~ 6e Minimum Lot Width~ Three hundred and thirty (330) feet as measured at the front yard building line setback. 7. Minimum Yard Requirementst ae Depth of front yard-Thirty (30) feet plus one (1) foot for each two (2) feet of building height over thirty (30) feet. Be Depth of side yard-Thirty (30) feet plus one (1) foot for each two (2) feet of building height over thirty (30) feet. Depth of rear yard-Thirty (30) feet plus one (1) foot for each two (2) feet of building height over thirty (30) feet. Depth of Gulf Front Yard-As per the Coastal Construction Setback Line established by the Department of Natural Resources of the State of Florida pursuant to Section 161.053, F.S. 8. Distance Between Structures~ The distance between any two (2) principal structures on the same parcel shall be fifteen (15) feet or a distance equal to one-half (1/2) the sum of their heights, whichever is the greater. 9. Minimum Floor Area of Principal Structure~ A. 750 square feet for each dwelling unit. 10. Maximum Height of Principal Structuret Twenty (20) stories or two-hundred (200) feet above the finished grade of the lot elevation, whichever is the greater. In areas governed by the National Flood Insurance Ordinance, the height shall be measured from the height of the minimum base flood elevation line. 11. Minimum Landscaped Areas~ A. There shall be provided two (2) square feet Of landscaped area.for.each square foot of ~ off-street parking,provided~on'the groundlevel. .This.may include anyi..landsca~ing required "Sectton'19'of this'OFdinanc~. ~The~preservation'' '' ofvexisting~,native ve~ use~.is 12. Minimum Off-street Parkings A. As for the RM-2, RT Multiple Family requirement of Section 18 of Ordinance 76-30 B. Single family as provisional use as per single family dwelling in Section 18 of Orainance 76-30. C. Other uses as per similar uses listed in Section 18 of Ordinance 76-30. SECTION TWOs This Ordinance shall become effective upon receipt of notice that it has been filed with the Secretary of State. DATE: Dece~ 5, 1978 BOARD OF COUNTY COMMISSIONERS COLLIER CO~TY, FLORIDA , .~ ~ B~, - '~I~YKI :..J. ~AGA~/ DAVID G. ~0W~ CHAI~N .~AT~ C~ F~ORIDA ) of ~11i~ ~, Flora, ~s 5~ ~y of ~, 1978. ~ff~c~ ~ ~ of This ordinance filed with the Seeretary of State's 0~'~, .~ .,['V: ~ the 8th Day of Dece~er, 1978 and acknowledgement of-~.:.~:,.'~:~-%.,-~ .- . , ..~ .... ',.~ .,~'.' ~.:.