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Ordinance 76-04 ORDINANCE NO. 7~i4 .... . AN ORDINANCE A~NDI~G ORDIN~CE NO. 74-4~ ~D ORDINANCE NO. 7u-24 ~ENDING SECTIONI.3 ~DEFINING BUILDING LINE; A~NDING SECTIQ~ ~.~ AMENDING SECTION 18 OFFSTREET PARKING AND'~!~ OFFSTREET LOADING; MENDING SECTION 19 ~/~ ' ~'~/ LANDSCAPING FOR OFFST~ET VEHICULAR~~'~-/ ~QUIRED FACILITIES; A~NDING SECTION 21 ~SIDENTIAL SINGLE F~ILY DISTRICT; AMENDING SECTION 22 ~SIDE~TIAL ~ULTI-F~ILY DISTRICT; ~ENDI~G (i' 840 ~-009 SECTION 36 INDUSTRIAL DISTRICT; AMENDING SECTION 37 AGRICULTURAL'DISTRICT; ~ENDING SECTION 39 ADMINIST~TION ~D ENFORCE~NT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, The Coastal Area Planning Commission petitioned the Board of County Commissioners, Collier c~unty Florida, to amend the Comprehensive Zoning Regulations for the unincorporated area of the Coastal Area Planning District of Collier County, Florida, as hereinafter dcscribed: NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: SECTION ONE: The Comprehensive Zoning Regulations for the un- incorporated area of the Coastal Area Planning District of Collier County, Florida, Ordinance No. 74-42 and Ordinance No. 75..24 are amended as hereinafter described: (1) SECTION 3, "Definitions" is amended by amending the definition of "Building Line" as follows: Buildin~ Line: The building line is the innermost 'edge of any required yard or setback , as the case may be. Except as specifically provided by this Zoning Ordinance, no building or structure may be extended to occupy any portion of a lot streetward or otherwise beyond the building line. Eaves and overhang may project a maximum of 24 inches into any required yard. (2) SECTION 8, "Supplementary District Regulations" is amended by amending subparagraph 12 A. as follows: A. Sale of Alcoholic Beverages: ~ ~. 2. No such use shall be located within five ~dr~ --~ (500) feet of any existing establishment ~-kcl~ng _ those listed in B below) which sells alco~'lic~o ~ .- beverages for consumption on premises. ~ (3) SECTION 8, "Supplementary District Regulations" i~me~d~ by amending subparagraph 16 A. 2 to read as follows: ~ ~ 2. Fences or walls outside of front building lin~ shall be limited to a maximum height of four (4) feet. A fence or wall shall be limited to 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. (4) SECTION 8, "Supplementary District Regulations" is amended by amending Paragraph 2 to read as follows: Location of Accessory Structures: Accessory structures must be constructed simultane--~ly with or following the construction of the principal structure and shall conform with the following setbacks and building separations: ACCESSORY STRUCTURES Non Waterfront Lots - Non Golf Course Lots FRONT REAR SIDE STRUCTURE TO STRUCTURE '(if detached) 1, Parking Garage- Single Family SPS 10' SPS 10' 2. 1 Story Parking Structures-RM 35' 35' SPS 10' 3. Multi-Story Parking Structures-RM' 35' 35' SPS *1/1 4. RS and Duplex- Swimming Pool SPS ]~' SPS N Screen Enclosure SPS 10' SPS N 5. Swimming Pool- RM & Commercial 35' 20' 15' N 6. Tennis Courts- Private RS & Duplex SPS 15' SPS 15' 7. Tennis Courts- RM & Commercial 35' 20' 15' 20' 8. Utility Buildings SPS 10' SPS 10' 9. Chickee, Bar-B-Que Areas SPS 10' SPS 10' 10. Attached Screen Porch RS N/A 10' SPS SPS 11. Unlisted Accessories SPS SPS SPS SPS N=None NA=Not Applicable SPS=Calculatcd same as Principal Structure *~/1=1 foot of accessory height= 1 foot of building separation ACCESSORY STRUCTURES On Waterfront Lots and Golf Course Lots FRONT REAR SIDE STRUCTURE TO STRUCTURE (if detached) 1. Parking Garage- Single Family SPS SPS SPS 10' 1 Story Parking Structures - R/~ 35' SPS SPS 10' 3. Multi Story Parking Structures-RM RS and Duple×- Swimming Pool Screen Enclosure 5 Swimming Pool- RM & Commercial 6. Tennis Courts- Private RS & Duplex 7. Tennis Courts ~4 & Commercial 8. Boat Houses (Private) 10. 11. Utility Buildings Chickee, Bar-B-Que Areas Davits Attached Screen Porch - RS 12. Unlisted Accessories FRONT REAR STRUCTURE SIDE TO STRUCTURE (if detached) 35' SPS SPS *1/1 SPS 10, SPS N SPS 5, SPS N 35' 30' 15' N SPS 15' SPS 15' 35' 35' SPS 20' SPS NA 10' ].0' SPS 10' SPS 10' NA NA SPS SPS NA 10' SPS SPS SPS SPS SPS SPS N=None NA=Not Applicable SPS~Calculated same as Principal Structure *1/1=1 foot of accessory height= 1 foot of building separation (5) SECTION 18, "Offstreet Parking and Offstreet Loading" is amended by amending Paragraph 15 as follows: Single Family Dwelling One (1) space within the building setback line RM-1, RM-1A Multiple Family Dwellings Two (2) spaces per dwelling u~it RM-2 Multiple Family Dwelling One and one-half (1%) spaces per unit Town or Row Houses Two (2) spaces for each dwelling unit Mobile Home Park, Sub- Division See Section 13.28 & 13.29 Motel, Hotel One and one half (1%) spaces per unit for the first one hundred (100) units plus one (1) space for each additional unit thereafter. Hospitals Two (2) space$~per patient bed Nursing Home, liome for the Aged, Convalescent Home House of Worship Funeral Home Stadil~, Sports Arena, Theatre, or other place of public assembly other than those listcd else- where Elementary or Junior High School Senior High School Medical, Dental Office Other Professional or Business Office Restaurant (other than Drive-In) , Bar, Night Club Restaurants (Drive-In) Fast Food Service, Etc. Agricultural Uses Child Care Center, Day Nursery, Kindergarten One space per two (2) beds One (1) space for each two (2) seats in chapel or auditorium One space for each two '(2) seats in rooms for services or chapel One space for each three (3) seats or one (1) space per forty (40) square feet of the gross floor area, whichever is greater. 'fwo (2) spaces for each classroom or office room, plus one space for each 150 square feet of seating area (including aisles) in any auditorium, gylrunasi~n, or cafetorium intended to be used as a place of assembly, but where seating is not permanently fixed. Permanently fixed seating shall be as for stadium, etc. above As for elementary and Junior high schools except seven (7) spaces for each classroom or office room One space for each doctor, nurse, or employee, plus two (2) spaces for each consultation, practice and/or examining room. One (1) space per 150 square feet of gross floor area for the first 3,000 square feet and one (1) space for each additional 250 square feet of gross floor area above 3,000 square feet. One space for each two (2) seats in public rooms, whether seating is fixed or moveable or one (1) space per seventy (70) square feet of the gross floor area whichever is greater. One (1) space per thirty (30) square feet of the gross floor area. Unrestricted, except no offstreet parking or loading shall be on public rights of way Two (2) spaces for each employee plus adequate provision for loading and unloading children off the. street during peak hours Private Clubs or Lodges Nurses' Home, Convent, Monastery Golf Courses Public Tennis or Handball Courts Commercial or Membership Racquet Clubs Yacht Club Library, Community Center, or Recreation Facility (not otherwise listed) Marina Dance, Art, Music Studio Art Gallery or Museum Retail shops, stores, department stores, and other unlisted commercial uses Banks or Financial Institutions Bowling Alley Wholesale, Warehouse or Storage Establish- ment One space per 100 square feet of the gross floor area. One space for each four (4) lodging units Provide four (4) parking spaces for each golf hole. Where restaurants bars, cocktail lounges and transient accommodations are made an integral part of a golf course enterprise then 50% of the spaces required for the golf course shall be credited to the parking requirements of such supplemental facilities Two per court Three (3) per court plus additional spaces as required for other uses One space per slip. Where restaurants or private clubs are an integral part of the yacht club, then 50% of the spaces required for the slip may be credited to meet the parking requirements of such integral facilities. One space for each 200 square feet of gross floor area, or one space for each ~lree (3) seats, whichever is greater. Two spaces for each three (3) boat slips or. moorings One space for each 300 square feet of gross floor area. One space for each 250 square feet of floor area open to the public One (1) space per 250 square feet or any part thereof of the gross floor area for the first 10,000 square feet and one space per additional 400 square feet or any part thereof thereafter. As for commercial or service establishments, provided any bank or financial institution providing drive-in facilities must have approval of a site and development plan under Section 39.8' Five (5) spaces per 1000 square fee~ of ~r~s floor area. There shall be provided three (3) parking spaces for the first 2500 Industrial Activity (not otherwise listed) Temporary Parking for Sports Events Outdoor Recreational Facilities New and Used Car Sales square feet of floor area and one parking space for each additional 1000 square feet or any part there- of of floor area. In no event shall there be fewer than thr~e (3) spaces provided per use. Provide one (1) parking space (exclusive of service roads, entrances and exits) for each 1000 squar~ feet of the gross floor area in the building up to 10,000 square feet and then one (1) parking space for each 2,000 square feet of gross floor area thereafter, or one (1) parking space for ~ach two anticipated employees, whichever requires the greater number of park°- lng spaces. If retail sales are conducted in connection with such industrial use, additional offstreet parking shall be provided as required by the provisions hereof relating to such commercial uses. The portion of the structure allocated for retail sales shall be used as a basis for determining additional offstreet parking to be provided. In no event shall there be fewer than five (5) parking spaces provided per building. In the case of a stadium or other sporting facility which operates on a seasonal basis, the required offstreet parking may be provided on a temporary basis and need not be permanently designated, paved, drained, or landscaped provided use has been approved and issued by the Director. Other outdoor recreational facilities not otherwise covered herein, shall require one (1) parking space for each two anticipated participants, as may be determined by the Director. In no event shall there be fewer than five (5) spaces provided per facility. Provide ten (10) parking spaces, plus one (1) space for each 200 square feet of office and principal showroom space, plus one (1) space for each additional 1000 square feet of repair and main- tenance space, none which may be used for merchandise inventory parking. In no event shall there be less than one (1) space for each 10,000 square feet of gross land area. (6) SECTION 19, "Required Landscaping for Off-Street Vehicular Facilities" is amended by amending Paragraph 6.B as fo/lows: (2) Where such area abuts property'zoned or, in fact, used primarily for r¢~dent~a~ or ~n~t~tut~nn,] purp~,,, and for that portion of such area not entirely screened visually by an intervening ~tructure or e×isting con- forming buffer from an abutting property, there shall be provided a landscaped buffer area designed and planted so as to be eighty (80) percent opague when viewed horizontally at three (3) feet above ground level, and said plant materials should reach a height of five (5) feet within two (2) years after planting. A fifteen (15) foot wide landscaping area may substitute the required three (3) foot high planted buffer. Such landscape buffer shall be located between the common lot line and the off-street parking area or other vehicular use area exposed to the abutting property so that the purpose of screening 'the off-street parking area or other vehicular use area is accomplished. (7) SECTION 21, "RS" is ame~ded by adding the following: 2.A Permitted Principal Uses 3. Boat docks (8) SECTION 22, "RM-i" is amending by adding subparagraph (2) to paragraph 1.2.A. as follows: (2) Boat docks (9) SECTION 22, "RM-i" is amended by adding subparagraph (3) to paragraph II.2.A. as follows: (3) Boat docks (10) SECTION 36, "I-Industrial District" is amended by amending Paragraph 2.A. as follows: 2.A Permitted Principal Uses (1) Airports and landing fields-Site Plan Review. Sec.39.8 .(2) Body shops, mechanical repairs (3) Building supply (4) Clothing fabrication (5) Commercial and private parking lots and parking garages (6) Contractors' equipment storage yards, coal and wood yards or similar uses not otherwise contained in an enclosed building shall be fenced in accordance with the porvisions contained herein. (7) Gasoline service stations, including those engaged in mechanical work. (8) Kenneling, stabling, animal clinics, veterinary hospitals (9) Manufacturing, warehousing, storing, processing, canning, packing, mining, extracting or similar uses. (10) Marinas, commercial boat houses, commercial boat storage, boat building, boat ways, boat yards and commercial fisheries. (11) Printing and publishing (12) Repair shops (13) Research and design labs (14) Restaurants (15) Wholesale establishments (16) Sales and service of trucks and heavy equipment (17) Light manufacturing and assembling in enclosed buildings (18) Storage yards (19) Any other industrial or manufacturing use which is comparable in nature with the foregoing uses and which the Director determines to be compatible in the district (11) SECTION 36, "I-Industrial" is amended by amendlDgparagraph follows: C. Provisional Uses: The following uses may be permitted subject to the provisions of Section 14 of this Ordinance. The following uses shall include but not be limited to any other uses which in the opinion of the Planning Commission is of a similar character as those specified below: (1) Manufacturing: Involving primary production of the following products fronl raw materials: asphalt, cement, charcoal and fuel briquette, aniline dyes, amonia, carbide, caustic soda, cellulose, chlorine, carbon clack and bone black, creosote, hydrogen and oxygen, industrial alcohol, nitrates of explosive nature, potash, plastic materials and synthetic resins, pyroxylin, rayon yarn and hydrochloric, nitric, phosp)'oric, plcric, and sulphuric acid, coal, coke and tar products, explosives, fertilizers, gelatin, animal glue and size, gas manufacturing; unless incidental to a principal use, turpentine, matches, rubber, soaps, fat rendering. (2) Processing: Involving the following: nitration of cotton or other materials, magnesium foundry, reduction, refining, ~mclting of metal or metal ores, refining of petroleum products and by-products; curing or tanning of raw green or salted hides or skins; melting and alloying of metals; stockyards, junkyards, slaughter houses, slag piles, and storage of fire- works or explosives and automobile wrecking. (3) Wholesale storage of gasoline, liquified petroleum, gas, oil, or other flammable liquids or gases, but not located within five hundred (500) feet of the nearest residential district. (11) SECTION 37, "A-Agriculture" is amended by amending paragraph 2.A, sub paragraph (8) as follows: (8) On-site retail sales of farm products grown on the premises. (12) SECTION 39, "Administration & Enforcement", is amended by amending Paragraph 2 as follows: 2. Zoning Action on Building Permits: The Director shall be responsible for determining whether applications for building permits as required by the building code of the County are in accord with the requirements of this zoning ordinance, and no building permit shall be issued without written certification that plans submitted conform to applicable zoning regulations. No building or structure shall be erected, moved, added to, or altered without a permit as required by the Collier County Building Code and no building permit shall be issued by the Director for the erection, moving, addition to, or alteration of any building or structure except in conformity with the provisions of this zoning ordinance, unless he shall receive a written order in the form of an administrative review from the Board of Zoning Appeals interpretation or variance as provided by this zoning ordinance or unless he shall receive a written order from a court of competent jurisdiction. SECTION TWO: This ordinance shall take effect upon receipt of notice that it has been filed with the Secretary of State ....... ,..,,,.~ I Y C3', .................... % '. ......... .:Y.,/: ... .~;~'...~.':I~ATE.~.~Januar~ 20, 1976 BOARD OF COUNTY COMMISSIONERS ~/~:"," '. '?:~-!:i '!~.',', '~',; CO~r. IE~. COUNT~, %.,'.,~',:<,~,;.'l~Arm-~ ~. SCOTT .-- C.~'. "-~USS'~ UI~.~.'' CH~TRM~N · .\ / t~.J. ~ '. ~,~'/ .... -~---_.._,L. .... ·