Ordinance 77-24L__-,k L .... J
ORDINANCE NO. 77- 24
AN ORDINANCE AMENDING ORDINANCE 76-30 THE
COMPREHENSIVE ZONING REGULATIONS FOR THE
UNINCORPORATED ARRA OF THE COASTAL AREA
PLANNING DISTRICT BY AMENDING SECTION 3-
DEFINITIONS; SECTION 8-SUPPLEMENTARY
DISTRICT REGULATIONS; SECTION 9-SPECIAL
REGULATIONS FOR AREAS OF ENVIRONMENTAL
SENSITIVITY(ST); SECTION Il-SPECIAL
REGULATIONS FOR (GH) GROUP HOUSING;
SECTION 12-SPECIAL REGULATIONS FOR
WATERFRONT YARDS; SECTION 13-SPECIAL
REGULATIONS FOR HOUSING OF FA~4 LABOR;
SECTION 14-PROVISIONAL USES; SECTION18-
OFF-STREET PARKING AND OFF-STREET LOADING;
SECTION 23-RM-2 RESIDENTIAL MULTIFAMILY
DISTRICT; SECTION 24-PUD PLANNED UNIT
DEVELOPMENT DISTRICT; SECTION 27-FVR-
FISHING VILLAGE RESIDENTIAL DISTRICT;
SECTION 39-ADMINISTRATION AND ENFORCEMENT;
SECTION 42-SC}~DULE OF FEES AND PROVIDING
AN EFFECTIVE DATE:
WHEREAS, the Coastal Area Planning Commission petiti¢
the Board of County Commissioners of Collier County, Flor~a,
to amend the Comprehensive Zoning Regulations for the unincor-
porated area of the Coastal Area Planning District of Collier
County, Florida as hereinafter described:
NOW, THEREFORE BE IT ORDAINED by the Board of County
Commissioners of Collier County, Florida:
SECTION ONE:
The Comprehensive Zoning Regulations for the unincorporated
area of the Coastal Area Planning District of Collier Cou~_t~,
Florida, Ordinance 76-30 are hereby amended as hereinafte~=o
described:
AMEND THE FOLLOWING SECTIONS BY ADDING THE WO~.
"SITE ALTERATION PLAN":
Section 9, Paragraph 3
Section 9, Paragraph 5A(1} (c), SA(l) (d), SA(l) (e) (i)
5A(1) (e) (ii), 5A(2) (a) (i), 5A(2) (a) (ii},
5A(2) (a) (iii), 5A(2) (a) (iv), 5B(1) (d),
5B(1) (e) (l), 5B(1) (e) (ii), 5B(2) (a} (ii),
6A, 6B(1), (2), and (3), 8, 9A and 9B,
9C(1) and 9C(2), 9D, 9E, 10A paragraph 2
and 10A paragraph 2(1).
Section 14. lA (1)
Section 39.8, 39.8A, 39.8B, 39.8B(14), 39.8C, 39.8D,
and 39.9
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AMEND THE FOLLOWING SECTIONS BY DELETING THE WORDS
"SITE PLAN":
Section 12, Paragraphs 2,5, and 6
Section 13, Paragraphs 3,4,4A,5,6,6E and 6F
Section 14, Paragraph 6
Section 18, Paragraph 15-Banks
AMEND THE FOLLOWING SECTION BY CHANGING THE WORD
"SITE"" TO "DE'VE'L6pMENT".·
Section 23, Paragraph 12A
Section 24, Paragraphs 6K and 6L
Section 39, Paragraph 8C(9)
AMEND SECT~ON ..].~ DEFINITIONS BY DELETING THE FOLLOWING
WORDS FROM THE MOBILE HOME DEFINITION:
"detached.single family"
AMEND' SECTION 8~ SUPPLEMENTARY DISTR/CT REGULATIONS
BY CHANGING PARAGRAPH 8A!~) TO READ AS FOLLOWS:
(4) Automobiles, vans, pick-up trucks having a rated
load capacity of less than one ton shall be exempted
from this Ordinance unless otherwise prohibited in
Section 13A.
AMEND SECTION 8~ SUPPLEMENTARY DISTRICT. REGULATIONS
BY ADDING A NEW PARAGRAPH 24 TO READ AS FOLLOWS=
24. Interim Agrlcult-ural Use of Premises: The Board
of Co~ntY'"co'mmisSioners may upoH the recommendation of
the Planning Commission authorize the use of lands
within any district for agricultural activities, such
as and limited.to field crops, horticulture, fruit and
nut production, forestry, bee-keeping, aguaculture an4
mariculture. It is the intent of this section to permit
certain interim agricultural uses on a temporary basis
which retains the land in its open, undeveloped character.
The inclusion of buildings and structures, other than
wells, structures for conservation and drainage pro-
tection, and unpaved roads is strictly prohibited. Such
interim use shall be subject to the following.conditions=
A. Petitions for interim agricultu.:al use shall
be considered first by the Planning Commission in the
manner herein set out.
(1) Written Petition~ A written petition for
an interim agricultural use shall be submitted
through the Director indicating the basis in this
zoning ordinance under which the interi~,, agr~cul- '.
tural use is sought and stating the grounds upon
which it is requested, with particular reference
to the types of findings which the Planning
Commission must make under Section 8.24D below.
The petition should include material necessary to.
demonstrate that the grant of the interim agricul-
ture use will be in harmony with the general intent
and purpose of this zoning ordinance, will not be
injurious to the neighborhood or to adjoining
properties, or otherwise detrimental to the public
welfare. Such material may include, but is not
limited to the following, where applicable:
(a)
Site alteration and/or develop-
ment plans at an appropriate scale
showing site alteration, proposed
placement O~ structures on th~
property, provisions for Ang~tll an4
egresm, o~£-mtreek parking and o~-
and other open spaces.
(b) Plans showing proposed locations for
utilities hook-up.
(c)
Plans for s'creening and buffering
with reference as to type, dimensions,
and character.
Proposed landscaping and provisions
for trees protected by County regu-
lations.
(e) Proposed signs and lighting, including
type, dimensions, and character. Where
this zoning ordinance places additional
requirements on specific uses, the
petition should demonstrate that such
requirements are met.
(2) Public Hearing: A public hearing shall be
held by the Planning Commission. Any party may appear
personally or by agent or attorney.
(3) Notice of Public Hearing: Notice of public
hearing shall be given at least fifteen (15) days in
advance of the public hearing. The owner of the
property for which an interim agricultural use is
sought or his agent or attorney designated by him or
his petition shall be notified by mail. Notice of
public hearing shall be prominently posted on the
property for which the interim agricultural use is
sought. Notice of the public hearing shall be
advertised in a newspaper of.general circulation in
the County at least one. time at least fifteen
days prior to the public hearing. Notice shall be
given by mail to all owners of property within
three hundred (300) feet of tt.u boundary lines of
the property for which the interim agricultural use
is requested; provided, however, that where the
petitioner is the owner of land not included in the
petitioner's petition and such land that is not
included in the petition is a part of or adjoins the
parcel for which the request is made, the three
hundred (300) foot requirement shall be measured
from the boundaries of the applicant's ownership,
including the land not covered by petitioner's
petition. For purposes of this provision, owners
of adjacent or nearby properties within the distance
set out shall be deemed those whose names appear 6n
the latest available tax rolls of the County.
(4) Findings: Before any interim agricultural
use shall be recommended for approval to theBoard,
the Planning Commission shall make a written finding
that the granting of the interim agricultural use
will not adversely affect the public interest and
certifying that the specific requirements governing
the individual interim agricultural use, if any,
have been met by the petitioner and that, further
satisfactory provision and arrangement has been made
concerning the following matters, where applicable,
007 , 155
(a)
(b)
Compliance with all elements of the
Comprehensive Plan.
Ingress and egress to property and
proposed structures thereon with
particular reference to automotivo
and pedestrian safety and convenience,
traffic flow and control, and access
in case of fire or catastrophe.
(c) Offstreet parking and loading areas,
where required, with particular
attention to the items in ~} above
and economic, noise, glare, or odor
effects of the interim agricultural
use on adjoining properties and
properties generally in the distr~ct.
(.d) Refuse and service areas, with parr
ticular reference to the items in
(b) and (c) above.
(e) Utilities, with reference to locations,
availability, and compatibility.
(f) Screening and buffering with reference
to type, dimensions and character.
(g} Signs, if any, and proposed exterior
lighting with reference to glare,
traffic safety, economic effects, and
comF~atibility and harmony with
properties in the district.
(h) Required yards and other open space.
(i)
General compatibility with adjacent
properties and other property in the
district.
(J)
Any special requirements.set out in
the Schedule of District Regulations
for the particular use involved.
(5) Conditions and Safeguards: In recommending
approval of any interim agricult'~ral use, the
Planning Commission may aloe recommend appropriate
conditions and safeguards in conformity with th/s
zoning ordinance. Violation of such conditions and
safeguards, which are made a part of the terms under
which the interim agricultural use is granted, shall
be deemed a violation of this zoning ordinance.
Any interim agricultural use shall expire six (6}
months from the date of grant,unless extended by
action of the Board, if by that date the use for
which the interim agricultural use was granted has
not been commenced; and an interim agricultural
shall automatically expire two years after the date
of grant and must be reviewed by the Board of County
Commissioners in order to be continued. Bach sub-
sequent renewal period shall be limited to two
years and must be reviewed by the Board of County
Commissioners at the end of each two year period
to be continued.
1307 a :!.58
(6) Public Access and/or Related Commercial Usesl
The interim agricultural use of the premises in any
way which attracts or invites access and use of the
general public or the use of such premises for any
commercial activity other than that expressly per-
mitred within the zoning district is strictly pro-
hibited.
(7) Denial= If the Planning Commission shall
recommend denial of an interim agricultural use, it
shall state fully in its record its reason for doing
so. Such reasoning shall take into account the
factors stated in Section 24A(4) above, or such of
them as may be applicable to the action of denial,
and the particular regulations relating to the
specific interim agricultural use requested, if any.
B. Status of Planning Commission. Report and Recom-
mendations: The report and recommendations of the Planning
Commission required above shall be advisory only and shall
not be binding upon the Board of County Commissioners.
C. Board - Action of Planning Commission ReportI
Upon receipt of the Planning Commission's report and rec-
ommendations, the Board shall approve or deny the petition
for an interim agricultural use. An approval shall be by
resolution of the Board.
D. Taxes: The granting of an interim agricultural
use of the premises by the Board as provided herein shall
not constitute grounds for establishing a new assessment
of Special Classes of Property as provided in Chapter
193.461 F.S., which assessment of Special Classes of
Property did no exist for the subject premises prior to
the approval of the interim agricultural use of the
premises as provided herein.
E. Minor Changes and Amendments: The Director may
approve any change he determines to be of a m/nor nature
such as changes in location, siting or height of permitted
buildings and structures, and improvements authorized by
the approved interim agricultural use.
G. Major Changes and Amendments~ Any change or
amendment which the Director determines to be of a major
nature shall require a full review as for a new petition.
H. Filing Fee: There shall be a $100.00 filing fee
for the processing of a petition for an interim agricultural
use, which fee shall be used to defray the cost of publig
hearing notice and administrative co=t of processing said
petition.
AMEND SECTION 11, SPECIAL DISTRICT FOR (GH) GROUP HOUSING
BY ADDING A NEW PARAGRAPH 7 TO READ~
7. Changes and Amendments: All changes or amendments
except increase in land area shall require, development
approval as outlined in Section 39.8.
Any change or amendment which would increase the land area
covered by "GH" Group Housing shall require a full review
as for a new request.
{ 07 i57
AMEND SECTION ,12 r SPECIAL REGULATIONS FOR WATERFRONT YARDS
~--Y ADDING A NEW PARAGRAPH 7 TO READ=
7. Changes and Amendments: Any change or amendment shall
require a full review as for a new request.
AMEND SECTION 14¢ PROVISIONAL USES BY DELETING PARAGRAPH
~ TN ITS ENTIRETY AND RENUMBER PARAGRAPHS ACCORDINGLY.
AMEND SECTION 18~ OFFSTREET PARKING AND OFFSTREET LOADING
BY CHANGING PARAGRAPH 15 TO ~EAD AS FOLLOWS:
RM-2 and RT Multiple Family
Dwellings
AND BY ADDING TO SECTION 18r PARAGRAPH 15 THEFOLLOWING:
Public Buildings As determined by the
(not otherwise listed) Director.
AMEND SECTION 24r PUD-PLANNED UNIT DEVELOPMENT PARAGRAPH
6 TO READ AS FOLLOWS:
6. Planned Unit Development: Specific Requirements,
Limitations, and Standards: In addition to all general
provisions and procedures set out in this section, the
following specific requirements, limitations, an4 standards
shall apply particularly to: location of planned unit
development districts intended primarily for residential
uses and purposes; location of planned unit development
districts intended primarily for residential uses and
purpo~-~ but containing commercial retail or service
activities; location of planned unit development districts
intended primarily for commercial, industrial or professional
office uses; the preparation of master plans for the three
items immediately preceding; the review of applications for
rezon[ng to PUD; and, the development (or redevelopment) of
PUD districts that have been adopted as amendments to these
zoning regulations.
AMEND_SECTION 24~ PUD-PLANNED UNIT DEVELOPMENT BY ADDING TO
PARAGRAPH 6D A NEW SUBPARAGRAPH (11) TO READ AS FOLLOWS:
(11) General service commercial, industrial and
professional office uses.
.AMEND SECTION 27t ,FVR-FISH!NG VILLAGE RESIDENTIAL DISTRICT
BY DELETING THE FOL~OWiNG AND RENUMBERING ACCORDINGLY:
(7) Transient Lodging Facilities
AMEND SECTION 39~ P. ARAG. RAPH 8~ SITE ALTERATION AND DEVELOPMENT
PLAN APPROVAL BY ADDING A NEW SUBPARAGRAPH E TO READ:
E. Changes and Amendments: Any changes or amendments
shall require a full review as for a new request.
AMEND SECTION 42~ SCHEDLTLE OF FEES TO READ AS FOLLOWS:
DRI REVIEW $5.00 per acre with a
minimum $250.00*
PUD REV2EW $5.00 per acre with a
ST REVIEW $5.00 per acre with a
minimum 100~00'
AMEND SEqTION 42~ SCHEDULE OF FEES BY ADDING THE FOLLOWIN0:
O££-Street Parking Location Variance $ 100.00
Coastal Construction Setback Line Variance 100.00
Site Alteration or Development Plan Approval 50.00
AMEND SECTION 42., SCHEDULE O,F FEES .BY.DELETING SHE FOLLOWIN0:
Preliminary Subdivision
Review
First 100 Lots,
plus $1.00 for each
additional lot.
200.00
Final Subdivision Review
100.00
SECTION TWO:
This Ordinance shall be6ome effective upon receipt of notice
that it has been filed with the Secretary of State.
DATE: May 24, 1977
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Archer, Chairman
?~AND LEGALITY:
Donald A. Pickworth
County Attorney
This ordinance filed with the Secretary of State's office the 31st day
of May, 1977 and acknowledgement of that filing received this 2nd day of
June, 1977.
Deput~6/C let k
STATE OF FLORIDA )
COUNTY OF COLLIER )
I, WILLIAM J. REAGAN, Clerk of Courtm in and
for the Twentieth Judicial Circuit, Collier County, Florida,
do hereby certify that the foregoing is a true original
of:
ORDINANCE NO. 77-24
which was adopted by the Board of County Commissioners on
May 24, 1977.
WITNESS my hand and the official seal of the Board
of' County Commissioners of Collier County, Florida, this
25th day of May, 1977.
WILLI~4 J. REAGAN
Clerk of Courts and Clerk
Ex-officio to Board of
County Commissioners
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